Dss Technology Management v. Apple Inc.

885 F.3d 1367
CourtCourt of Appeals for the Federal Circuit
DecidedMarch 23, 2018
Docket2016-2523, 2016-2524
StatusPublished
Cited by9 cases

This text of 885 F.3d 1367 (Dss Technology Management v. Apple Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dss Technology Management v. Apple Inc., 885 F.3d 1367 (Fed. Cir. 2018).

Opinions

Dissenting opinion filed by Circuit Judge NEWMAN.

O'Malley, Circuit Judge.

*1369In response to two petitions for inter partes review filed by Appellee Apple Inc. ("Apple"), the Patent Trial and Appeal Board ("Board") issued a pair of final written decisions finding claims 1-4 and 9-10 of U.S. Patent No. 6,128,290 ("the '290 patent"), owned by Appellant DSS Technology Management, Inc. ("DSS"), unpatentable as obvious. Apple Inc. v. DSS Tech. Mgmt., Inc. , No. IPR2015-00369, 2016 WL 3382361 (P.T.A.B. June 17, 2016) ( Apple I ); Apple Inc. v. DSS Tech. Mgmt., Inc. , No. IPR2015-00373, 2016 WL 3382464 (P.T.A.B. June 17, 2016) ( Apple II ). Because we find that the Board did not provide a sufficient explanation for its conclusions, and because we cannot glean any such explanation from the record, we reverse.

I. BACKGROUND

A. The '290 patent

The '290 patent, which issued in 2000 and is assigned to DSS, is directed to a wireless communication network for a single host device and multiple peripheral devices. The '290 patent discloses a data network for bidirectional wireless data communications between a host or server microcomputer-described in the specification as a personal digital assistant or "PDA"-and a plurality of peripheral devices that the specification refers to as personal electronic accessories or "PEAs." '290 patent, col. 1, ll. 11-20, col. 2, ll. 15-18. According to the '290 patent, this data network provides "highly reliable" communication, "requires extremely low power consumption, particularly for the peripheral units," "avoids interference from nearby similar systems," and "is of relatively simple and inexpensive construction." Id. at col. 1, ll. 33-47. Figure 1 of the '290 patent illustrates an embodiment of this wireless data network:

*1370Id. at Fig. 1. This figure depicts a server microcomputer, shown as PDA 11 , and a plurality of peripheral units 21 to 29 . Id. at col. 2, ll. 42-44, col. 2, l. 66-col. 3, l. 15.

The '290 patent teaches that the transmitters within the host or server microcomputer and the peripheral units in the data network operate in a "low duty cycle pulsed mode of operation." Id. at col. 1, ll. 57-59. In such a mode of operation, each peripheral unit is allocated a subset of available time slots in which it receives or transmits data from or to the server microcomputer in radio frequency (i.e., wireless) bursts. Id. at col. 3, l. 57-col. 4, l. 6. These time slots are determined in relation to synchronizing information initially transmitted from the server microcomputer. Id. at col. 2, ll. 35-39. In the time slots when a peripheral unit is neither receiving nor transmitting, its reception and transmission circuitry may be powered down. Id. at col. 4, ll. 6-8. "The low duty cycle pulsed operation both substantially reduces power consumption and facilitates the rejection of interfering signals." Id. at col. 1, ll. 59-61.

The '290 patent contains 11 apparatus claims, six of which-claims 1-4 and 9-10-are relevant to this appeal. Because the parties dispute only a single claim limitation recited in independent claim 1, they agree that claim 1 is representative. Claim 1 recites:

A data network system for effecting coordinated operation of a plurality of electronic devices, said system comprising:
a server microcomputer unit;
a plurality of peripheral units which are battery powered and portable, which provide either input information from the user or output information to the user, and which are adapted to operate within short range of said server unit;
said server microcomputer incorporating an RF [radio frequency] transmitter for sending commands and synchronizing information to said peripheral units;
said peripheral units each including an RF receiver for detecting said commands and synchronizing information and including also an RF transmitter for sending input information from the user to said server microcomputer;
said server microcomputer including a receiver for receiving input information transmitted from said peripheral units;
said server and peripheral transmitters being energized in low duty cycle RF bursts at intervals determined by a code sequence which is timed in relation to said synchronizing information.

'290 patent, col. 11, l. 62-col. 12, l. 18 (emphasis added).

The only disputed limitation of claim 1 pertains to the "low duty cycle RF bursts" referenced above. Claim 1 requires both the server microcomputer and each of the peripheral units to comprise transmitters. According to the claim, the server microcomputer's transmitter is used "for sending commands and synchronizing information to said peripheral units," while the peripheral unit's transmitters are used "for sending input information from the user to said server microcomputer." Id. at col. 12, ll. 4-11. The transmitters on both the server microcomputer and the peripheral units must be "energized in low duty cycle RF bursts." Id. at col. 12, ll. 15-18. This limitation was the focus of the IPR proceedings below, and it is at the center of the single dispute on appeal.

B. Relevant Prior Art

The Board relied on two pieces of prior art in the IPR proceedings: U.S. Patent No. 5,241,542 to Natarajan et al. ("Natarajan"), *1371and U.S. Patent No.

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Bluebook (online)
885 F.3d 1367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dss-technology-management-v-apple-inc-cafc-2018.