PTAB
IPR2023-00995
Sony Interactive Entertainment LLC v. Quantum Imaging LLC
1. Case Identification
- Case #: IPR2023-00995
- Patent #: 10,846,941
- Filed: June 5, 2023
- Petitioner(s): Sony Interactive Entertainment LLC
- Patent Owner(s): Quantum Imaging LLC
- Challenged Claims: 1, 3, 5, 7-12, and 23-26
2. Patent Overview
- Title: Interactive Virtual Thematic Environment
- Brief Description: The ’941 patent describes an interactive software application platform for integrating real-time information into a virtual thematic environment. The platform comprises various modules, including logic, graphics, and data management components, to provide a combined virtual and real-world experience to a user.
3. Grounds for Unpatentability
Ground 1: Obviousness over Pisanich - Claims 1, 3, 5, 7-12, and 23-26 are obvious over Pisanich in view of the knowledge of a POSITA.
- Prior Art Relied Upon: Pisanich (International Publication No. WO 02/062436).
- Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that Pisanich, which discloses a system for integrating real-time data into a gaming application, teaches all limitations of the challenged claims. Independent claim 1 recites an interactive software platform with several modules. Petitioner asserted Pisanich’s "Rule-Based Logic Module" for aircraft operation meets the "thematic/publishing logic module" limitation. The overall game in Pisanich was argued to be the "primary application," while internal components like the "traffic manager" and "weather manager" were asserted to be "secondary applications." Pisanich's rendering and audio engines were mapped to the "graphics user interface (GUI) module." The "game data server," which gathers and distributes real-time weather and traffic data, was argued to meet the "quantum imaging environment (QIE) module" limitation. Finally, Pisanich’s "world manager," which stores data on terrain and buildings, was asserted to be the claimed "digital content library module." Arguments for independent claim 23, a computer system claim, mirrored those for claim 1.
- Motivation to Combine: The argument relied on a single primary reference combined with the general knowledge of a person of ordinary skill in the art (POSITA). Petitioner contended that a POSITA would have found it obvious to implement the various managers, engines, and servers disclosed in Pisanich as the modular software platform recited in the claims, as this represented a conventional and logical system architecture for a real-time data-integrated game.
- Expectation of Success: Petitioner asserted a POSITA would have had a high expectation of success because Pisanich describes a complete, functional system for integrating real-time data into a virtual game world, demonstrating the viability of combining the disclosed components.
Ground 2: Obviousness over PSO Manual - Claims 1, 3, 5, 7-12, and 23-26 are obvious over the PSO Manual in view of the knowledge of a POSITA.
- Prior Art Relied Upon: Phantasy Star Online Manual (“PSO Manual”).
- Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued the PSO Manual, which describes the features of the online multiplayer game Phantasy Star Online, discloses all limitations. The game itself, a theme-based role-playing game (RPG), was asserted to be the "primary application" operating in a "theme-based virtual world environment." The in-game chat and mail systems were identified as "secondary applications" launched from within the primary application. The game’s on-screen displays, menus, and controller inputs were mapped to the "GUI module." The underlying game system, which processed real-time player position and chat data for display on a user's console, was argued to be the "QIE module." The PSO Manual’s description of an "Item Pack" and "Check Room" for inventory management was asserted to meet the "digital content library module" limitation. Petitioner contended that dependent claims were also taught, noting the PSO Manual discloses using a joystick ("hot click button"), downloading new quest missions from an external server (the PSO server) over the Internet, and providing an instant messaging application (the chat system).
- Motivation to Combine: As this ground is based on a single reference, Petitioner argued that the PSO Manual describes an existing, integrated commercial product. Therefore, all the claimed components were already combined in the Phantasy Star Online game, and a POSITA would have recognized this existing combination as teaching the claimed invention.
- Expectation of Success: A POSITA would have had an absolute expectation of success because the PSO Manual describes a commercially successful video game that was already fully functional and available to the public, demonstrating that the claimed combination of features was not only possible but had already been achieved.
4. Arguments Regarding Discretionary Denial
- Petitioner argued that discretionary denial under 35 U.S.C. §314(a), based on Fintiv factors, is not warranted. It asserted the parallel district court litigation is in an early stage, with no substantive rulings issued and fact discovery just beginning. Petitioner noted that the court's trial date is not until April 2024 at the earliest and is likely to be delayed, meaning a Final Written Decision in the IPR would issue well before a trial is completed. To minimize overlap, Petitioner also stipulated that it would not pursue in the district court the same grounds or prior art for the claims on which the IPR is instituted.
5. Relief Requested
- Petitioner requests the institution of an inter partes review and the cancellation of claims 1, 3, 5, 7-12, and 23-26 of the ’941 patent as unpatentable under 35 U.S.C. §103.