PTAB

IPR2017-01406

Intel Corp v. Alacritech Inc

Log In
Key Events
Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Fast-Path Apparatus For Transmitting Data Corresponding to a TCP Connection
  • Brief Description: The ’072 patent describes a method and apparatus for improving network performance by offloading Transmission Control Protocol (TCP) processing from a host computer to an intelligent network interface card (INIC). The INIC uses a "fast path" to process established TCP connections, bypassing the host's conventional protocol stack.

3. Grounds for Unpatentability

Ground 1: Claims 1-21 are obvious over Erickson in view of Tanenbaum96.

  • Prior Art Relied Upon: Erickson (Patent 5,768,618) and Tanenbaum96 (A. Tanenbaum, Computer Networks, 3rd ed. (1996)).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Erickson taught a programmable I/O device adapter capable of offloading network protocol processing for protocols like User Datagram Protocol (UDP). Erickson’s adapter used a pre-negotiated header template, stored on the adapter, to generate packet headers and offload processing from the host computer. While Erickson’s detailed examples focused on UDP, it expressly mentioned its applicability to TCP/IP. Petitioner asserted that Tanenbaum96, a widely-used textbook, provided the conventional knowledge for implementing TCP/IP, including fast-path processing for established connections. Tanenbaum96 taught using a "prototype header" (equivalent to Erickson's template) and a "connection record" (equivalent to the claimed "context") to manage TCP state. Petitioner contended that a person of ordinary skill in the art (POSITA) would have been able to adapt Erickson’s UDP-based offloading architecture to perform the TCP processing steps recited in the claims—such as dividing data into segments and creating/prepending TCP headers—by applying the well-known TCP principles described in Tanenbaum96.
    • Motivation to Combine: The primary motivation asserted was Erickson's express direction to a Tanenbaum textbook for details on TCP, effectively incorporating its teachings by reference. At the time of the invention (c. 1996), the rapid growth of the internet made TCP/IP the dominant networking protocol. A POSITA seeking to improve network performance would have been highly motivated to apply Erickson’s offloading architecture to the most prevalent protocol, TCP/IP, to achieve significant performance gains. Modifying Erickson's I/O adapter to support TCP was an obvious path to improving a known device for a well-understood and commercially important purpose.
    • Expectation of Success: Petitioner argued that a POSITA would have had a high expectation of success. The principles of TCP/IP, including segmentation, header creation, and state management using connection records, were standardized and well-documented in sources like Tanenbaum96 and various Requests for Comments (RFCs). Applying these established TCP fast-path techniques to Erickson’s programmable adapter was presented as a combination of known elements to achieve a predictable result.

4. Key Claim Construction Positions

  • "context": Petitioner argued this term, which appeared in all independent claims, was indefinite as used in the patent. However, for the purpose of the inter partes review (IPR), Petitioner submitted that "context" must at least include data regarding a network connection. Petitioner noted that the Patent Owner, in related litigation, had construed the term as "data regarding an active connection."
  • "status information": Appearing in claims 9 and 15, Petitioner also contended this term was indefinite. Based on dependent claims and the specification, Petitioner argued that "status information" included data found in a "basic frame header," such as "Acknowledgement and Sequence numbers," which are fundamental components of TCP state management.

5. Relief Requested

  • Petitioner requested institution of an IPR and cancellation of claims 1-21 of the ’072 patent as unpatentable under 35 U.S.C. §103.