PTAB

IPR2014-01338

Google Inc v. Visual Real Estate Inc

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1. Case Identification

2. Patent Overview

  • Title: Apparatus and Method for Producing Video Drive-By Data Corresponding to a Geographic Location
  • Brief Description: The ’181 patent relates to a system for capturing, storing, and retrieving street-level video imagery, termed "video drive-by data." The disclosed system associates video with geographic location data, stores the combined information in a server farm, and allows a user to submit a query for an image corresponding to a specific geographic location, which is then processed and delivered to the user.

3. Grounds for Unpatentability

Ground 1: Anticipation of Claims 1, 3-5, 7, and 9 by Yoichi

  • Prior Art Relied Upon: Yoichi (Application # 2003/0210806)
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Yoichi discloses every element of the challenged claims. Yoichi describes a system where vehicles capture continuous, geo-tagged video images. The system includes a central "Service Center" that functions as the claimed database server, receiving user queries for images from a specific location. It also includes on-vehicle "storage" and a "computer," which serve as the claimed video storage and image processing servers, respectively. In response to a query, Yoichi's Service Center identifies the relevant image file from vehicle storage, transfers it to the vehicle's computer for processing (e.g., watermarking), and transmits the processed data back to the user. Petitioner asserted this architecture directly maps to the limitations of claim 1.
    • Key Aspects: Petitioner contended that Yoichi also explicitly teaches the limitations of several dependent claims, including providing geo-coded data layers like traffic and weather information (claim 7) and linking GPS coordinates directly with the captured video data (claim 9).

Ground 2: Obviousness of Claims 6, 10, and 11 over Yoichi in view of Di Bernardo

  • Prior Art Relied Upon: Yoichi (Application # 2003/0210806), Di Bernardo (Application # 2002/0047895)
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that to the extent Yoichi does not explicitly disclose the features of dependent claims 6, 10, and 11, they were well-known in the art and taught by Di Bernardo. For claim 6, Di Bernardo teaches synchronizing video frames with precise locations by storing and comparing timestamps, frame numbers, and GPS data. For claim 10, Di Bernardo teaches calculating a camera's position by interpolating between known data points, using techniques like optical flow analysis between successive frames. For claim 11, Di Bernardo explicitly discloses using "spline interpolation" to model a vehicle's curved trajectory, enabling more accurate position calculation between discrete GPS data points.
    • Motivation to Combine: A POSITA would combine Di Bernardo's known data processing and synchronization techniques with Yoichi's core system to achieve predictable improvements. These modifications would enhance data accuracy, allow for the use of less expensive legacy storage media like video tape (by synchronizing separate data streams), enable interpolation of missing location data, and provide more precise mapping of vehicle movement along non-linear paths.
    • Expectation of Success: Combining these well-understood methods from the same technical field to improve a system's locational accuracy represented a predictable application of existing technology with a high expectation of success.

Ground 3: Obviousness of Claim 8 over Yoichi in view of Lachinski

  • Prior Art Relied Upon: Yoichi (Application # 2003/0210806), Lachinski (Patent 5,633,946)

  • Core Argument for this Ground:

    • Prior Art Mapping: Petitioner asserted that claim 8 adds a "means for creating geo-coded... vector data which is superimposed onto the post processed video data." This feature, Petitioner argued, is directly taught by Lachinski. Lachinski discloses a computer-aided design display system that superimposes lines and graphical cursors (vector data) over street-level video images to clearly depict the vehicle's path of travel.
    • Motivation to Combine: A POSITA would have been motivated to add Lachinski's vector overlay functionality to Yoichi's image retrieval system to provide valuable context to the user. Superimposing the vehicle's path of travel on the retrieved image would allow a user to more intuitively and quickly understand the image's orientation and the vehicle's direction. This combination represented the use of a known technique to improve a similar device.
    • Expectation of Success: Applying a known graphical overlay technique to an image display system was a straightforward design choice that would have yielded the predictable result of an enhanced user interface.

  • Additional Grounds: Petitioner asserted an alternative obviousness challenge against claims 1, 3-5, 7, and 9 based solely on Yoichi, in the event any limitation was found not to be expressly disclosed for the purpose of anticipation.

4. Key Claim Construction Positions

  • Petitioner dedicated significant argument to the construction of several means-plus-function (MPF) limitations recited in claims 7, 8, 9, and 10.
  • Petitioner argued that for each of these MPF claims, the ’181 patent specification fails to disclose adequate corresponding structure beyond a general-purpose computer, rendering the claims potentially indefinite under 35 U.S.C. §112.
  • However, for the purposes of the IPR proceeding and applying the broadest reasonable interpretation, Petitioner contended that the corresponding structure should be construed as any computer system or processor capable of performing the claimed function. This broad construction, Petitioner argued, ensures the prior art references, which disclose such capable systems, clearly teach the claimed functions.

5. Relief Requested

  • Petitioner requests institution of inter partes review and cancellation of claims 1, 3-11 of the ’181 patent as unpatentable.