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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`IBG LLC,
`INTERACTIVE BROKERS LLC,
`CQG, INC.,
`CQGT, LLC,
`Petitioners
`
`v.
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`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`Patent Owner
`____________________
`
`Patent No. 7,685,055
`____________________
`
`
`DECLARATION OF KENDYL A. ROMÁN
`IN SUPPORT OF PETITION FOR
`COVERED BUSINESS METHOD REVIEW OF U.S. PATENT 7,685,055
`
`
`IBG 1003
`CBM of U.S. Pat. No. 7,685,055
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`
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`I, Kendyl A. Román, declare as follows:
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`1.
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`I have been engaged by Sterne, Kessler, Goldstein & Fox P.L.L.C. on
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`behalf of IBG LLC, Interactive Brokers LLC, CQG, Inc., and CQGT LLC,
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`(“Petitioners”) for the above-captioned covered business method review
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`proceeding. I understand that this proceeding involves United States Patent
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`7,685,055, entitled “System and Method for Automatic Repositioning of Market
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`Information in a Graphical User Interface,” by Harris Brumfield, et al., filed May
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`3, 2006, and issued March 23, 2010 (the “’055 Patent”). I understand that the ’055
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`Patent is currently assigned to Trading Technologies International, Inc. (“TT”).
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`2.
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`I understand the ’055 Patent is a continuation of U.S. Patent
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`Application No. 10/403,881, filed March 31, 2003, now U.S. Pat. No. 10/125,894,
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`which is a continuation of U.S. Patent Application No. 10/125,894, filed on April
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`19, 2002, now U.S. Pat. No. 7,389,268, which is a continuation-in-part of U.S.
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`Patent Application No. 09/971,087, filed Octber 5, 2001, now U.S. Pat. No.
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`7,127,424, which claims the benefit of U.S. Provisional Application No.
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`60/238,001, filed October 6, 2000. The U.S. Patent Application No. 10/125,894 is
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`also a continuation-in-part of U.S. Patent Application No. 09/590,692, filed June 9,
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`2000, now U.S. Pat No. 6,772,132 and U.S. Patent Application No. 09/589,751,
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`filed June 9, 2000, now U.S. Pat No. 6,938,011, both of which claim the benefit of
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`U.S. Provisional Application No. 60/186,322, filed March 2, 2000. U.S. Patent
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`Application No. 10/125,894 also claims the benefit of U.S. Patent Application No.
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`60/325,553, filed October 1, 2001.
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`3.
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`For purposes of the covered business method review, I have been
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`advised that the earliest possible priority date of the ’055 Patent is the March 2,
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`2000 filing date of Provisional Application No. 60/186,322.
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`4.
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`I have reviewed and am familiar with the specification of the ’055
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`Patent. I understand that the ’055 Patent has been provided as Exhibit 1001. I will
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`cite to the specification using the following format (’055 Patent, 1:1-10). This
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`example citation points to the ’055 Patent specification at column 1, lines 1-10.
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`5.
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`I have reviewed and am familiar with the file history of the ’055
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`Patent. I understand that the file history has been provided as Exhibit 1002.
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`6.
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`I have also reviewed and am familiar with the following prior art used
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`in the Petition for Covered Business Method Review of the ’055 Patent:
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`• U.S. Patent No. 5,077,665 to Silverman et al. (“Silverman”). I
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`understand that Silverman has been provided as Exhibit 1005.
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`• U.S. Patent No. 5,297,031 to Gutterman et al. (“Gutterman ”). I
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`understand that Gutterman has been provided as Exhibit 1006.
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`• A certified translation of “Futures/Option Purchasing System Trading
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`Terminal Operation Guide” (“TSE”). I understand that the original
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`Japanese language document was provided as Exhibit 1007, the
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`certified translation provided as Exhibit 1008, and the certification of
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`translation provided as Exhibit 1009.
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`• WO 90/11571 to Belden et al. (“Belden”). I understand that Belden
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`has been provided as Exhibit 1010.
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`7.
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`I have also reviewed and am familiar with:
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`• The Board’s Decision to Institute CBM review of the ’055 Patent in
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`CBM2014-00137 (“Inst. Dec.”).
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`• TT’s Patent Owner Response in CBM2014-00137 (“POR”).
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`8.
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`A complete listing of additional materials considered and relied upon
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`in preparation of my declaration is provided as Exhibit 1013. I have relied on
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`these materials to varying degrees. Citations to these materials that appear below
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`are meant to be exemplary but not exhaustive.
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`9.
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`The ’055 Patent describes automatic repositioning of market
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`information in a graphical user interface. (’055 Patent, Title.) I am familiar with
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`the technology described in the ’055 Patent as of the earliest possible priority date
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`of the ’055 Patent (March 2, 2000).
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`10.
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`I have been asked to provide my technical review, analysis, insights,
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`and opinions regarding the ’055 Patent and the above-noted references that form
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`the basis for the grounds of unpatentability set forth in the petition for Covered
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`Business Method Review of the ’055 Patent.
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`I.
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`QUALIFICATIONS
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`11. See my Curriculum Vitae provided as Exhibit 1012 for a listing of my
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`qualifications. This includes a list of publications for the past 10 years or more.
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`12. My expertise qualifies me to do the type of analysis required in this
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`case. Of particular relevance, I have been involved in the design, implementation,
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`testing, and analysis of computer software, firmware, and hardware for over thirty
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`years, including software architecture, graphical user interfaces, trading systems,
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`and other networked, data-driven, client-server systems. My work has included
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`analysis of trading systems including source code and user interfaces. In addition, I
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`have practical experience in the design and programming of a variety of computer
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`systems ranging from handheld devices, to laptops and desktop computers, to large
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`multi-layer networked database systems.
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`13. As a freshman at Brigham Young University (“BYU”) in 1976, I
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`started writing programs for IBM computers.
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`14.
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`In 1980, I worked with Apple II computers and wrote computer
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`programs having graphic user interfaces.
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`15.
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`In the late 1960’s and 1970’s the University of Utah was known for its
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`pioneering work in computer graphics (and the Internet1). At BYU, I got involved
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`with computer graphics and wrote graphics programs. Many of my BYU
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`professors had been at the University of Utah during its computer science
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`pioneering years. One of my BYU professors, Alan Ashton, and a fellow
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`computer science student, Bruce Bastian, worked together on word processing
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`software with graphical display. Later, Professor Ashton and Bruce Bastian
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`founded WordPerfect.
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`16.
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`I graduated with High Honors from Brigham Young University where
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`I received a Bachelor of Science degree in Computer Science. My formal studies
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`included computer architecture, computer programming, programming languages,
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`algorithms, operating systems, database systems, and digital logic design.
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`17.
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`In 1981, I worked at International Business Machines (“IBM”) in San
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`Jose, CA. At IBM, I had a graphics display on my desk and wrote programs that
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`1 In 1969, University of Utah was one of the first four nodes on the Internet.
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`displayed custom graphics. During my employment at IBM, the IBM PC was
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`released. The IBM PC also supported graphical user interfaces.
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`18.
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`In 1982, at Dialogic, I improved the performance of the Computer
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`Aided Design (“CAD”) software.2 The CAD software drew polygons on the
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`graphical display and placed them along value axes.
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`19.
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`In this timeframe, I had experience with Tandy computers, including
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`the TRS-80, and with Commodore VIC 20 computers, which supported graphical
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`user interfaces.
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`20.
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`In 1984, I starting writing programs for the Apple Lisa and
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`Macintosh, which had a sophistical graphical user interface built into the firmware
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`and operating system. Both Lisa and Macintosh used a one-button mouse as a
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`pointing device. The user controls various operations by clicking, double clicking,
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`or dragging the mouse. Such operations are affected by release the mouse button.
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`For example, a mouse click is defined by the release of a mouse button within a set
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`number of pixels from where it was depressed. A double click is defined by the
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`second release when clicking twice. Likewise, a click and drag is depressing the
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`2 The software, the Lucas Drawing System, had been developed by Lucas
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`Films to aid in the production Star Wars.
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`button to select the item, and releasing the mouse button to release it at the desired
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`location or value.
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`21.
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` I developed a Macintosh program that drew graphical icons (or
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`polygons) on the display.3 The icons changed size base on a numerical value. The
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`user interface allowed for a window to be displayed that showed the numerical
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`value as text.
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`22. Next in 1986, I started consulting at Hewlett Packard (“HP”) where I
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`became familiar with standard printer description languages and graphic command
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`languages. During this time I used X-Windows.
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`23. Later, in 1988 through 1990, at Tandem (later Compaq, now HP), I
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`worked with CAD systems and hardware simulators, which used graphical user
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`interfaces and included pop-up windows that provided textual representations of
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`values related to graphical displays.
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`3 An article regarding the software was published in MacWorld Magazine
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`around February 1987. A review was published in 1990 by the Boston Computer
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`Society, which also showed various features of the user interface. See
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`http://www.wolfpup.org/misc/MacBaby_Math_review.pdf.
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`24.
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`In 1990, I authored portions of the Macintosh Programming
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`Fundamentals: Self-paced Training course interactive CD-ROM and lab book.
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`25.
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`I returned to HP in 1991 where I worked with diagnostic tools,
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`including exercises and verifiers. During this period, I was involved in testing
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`various graphics adapters and display devices throughout the HP product line. I
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`worked with a X-Windows based diagnostic tool that displayed an icon for every
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`component of the system. The number, type, and locations of the icons were based
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`on the components actually found in the system. The icons were dynamically
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`changed to represent the status of the testing.
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`26.
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`In 1991 and 1992, at Slate and Apple, I worked with the pen based
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`tablets and handheld computers including, the NCR tablet and Newton PDA.
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`27.
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`In 1993 and 1994, I taught classes for Mentor Graphics to hardware
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`designers regarding hardware simulation and design verification software. Mentor
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`Graphics’ CAD system had the features discussed above regarding CAD software.
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`In addition, I taught users how to customize CAD software to perform complex
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`custom operations based on a single action with a user input device.
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`28.
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`In 1993 and 1994, I worked with the Apple Media Tool team and the
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`SK8 team at Apple, which included working with state of the art graphic display
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`systems.
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`29.
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`In the early 1990’s, before the World Wide Web became
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`commercialized, multimedia technology was becoming state of the art. During this
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`time, interactive CD-ROMs, early commercial Internet sites, high-resolution color
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`animation, and digital video were state of the art technologies. While at The Carl
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`Group, I formed the Multimedia Lab. Projects included porting a program to
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`automate layout of ball grid assemblies (“BGA”), updating automatic test
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`equipment software to use state of the art graphical user interfaces, developing
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`graphic animations, developing multimedia authoring tools and various interactive
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`CD-ROM titles. My work with multimedia authoring tools included developing
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`low-level graphics software for both the Macintosh and IBM PC platforms.
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`30. We sold our multimedia authoring tools to the public and I developed
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`an interactive user interface, which allowed users to enter and confirm information
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`including prices and quantities, which resulted in an order being sent to our server.
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`31. Also in the mid-1990’s, we developed a database driven, on-demand
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`catalog publish system for Sun, which allowed users to configure and order
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`products on via a graphical user interface. At Sun, I used workstations using Open
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`Look, which was a graphical user interface based on pioneering work at Xerox
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`PARC, and which was competitive with X Windows which was being used by HP.
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`32.
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`In the mid-1990’s, I developed a medical communications device that
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`could transmit medical quality video images over the Internet in real time. This
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`work included developing various graphical user interfaces. I have patents on
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`some of this technology as discussed below.
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`33. During this time, I was familiar with the graphical user interfaces in
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`various medical devices. These included EKG, ultrasound, and medical records
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`systems.
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`34.
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`In many of these professional assignments, I analyzed the
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`architecture, function, and operation of software with graphical user interfaces.
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`35. Prior to being retained in this matter, I have acquired and performed
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`forensic analysis of several computer systems. In particular, in 1999-2002, I
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`performed the technical analysis of both copyright and trade secrets in the
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`Tradescape.com, Inc., et al. v. Shivaram, et al. cases. In those cases, I reviewed the
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`source code and operations of the market-leading day trading systems and illicit
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`copies. I also surveyed the current state of the art to address the trade secrets
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`versus what was publicly known. Tradescape was later acquired by E*Trade.
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`36. As part of my review of the operations in the Tradescape engagement,
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`I personally observed day traders conducting tens of thousands of dollars of
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`transactions within seconds. For example, I observed one trader buy 10,000 shares
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`of stock and then immediately buy another 10,000 shares using the same default
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`quantity (i.e., 10,000) within two seconds. Then, this same trader sold all 20,000
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`shares at a substantial profit less than a minute later.
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`37.
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`I worked on the Datamize v. Fidelity, Scottrade, Interactive Brokers
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`Group, et al. patent case, which involved user interfaces used by the defendants in
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`their trading software.
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`38.
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`I performed a code review for a patent case, Chicago Board Options
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`Exchange v. International Securities Exchange, which involved security exchange
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`trading software.
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`39. Further, I have extensive experience in designing, developing and
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`analyzing database, networked systems and their user interfaces. As a result, I
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`have had access to the type of components and information at issue in this case and
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`have contemporaneous knowledge of what was publicly known.
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`40. My Curriculum Vitae identifies over 70 issued patents and over 70
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`published patent applications for which I am listed as an inventor or assignee.
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`Several of my inventions include graphical user interfaces and networked client-
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`server systems, these include:
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`• U.S. 8,590,777, Space equipment recognition and control using
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`handheld devices
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`• U.S. 8,500,563, Display, device, method, and computer program
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`for indicating a clear shot
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`• U.S. 8,282,493, Display, device, method, and computer program
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`for indicating a clear shot
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`• U.S. 7,698,653, Graphical user interface including zoom control
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`box representing image and magnification of displayed image
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`• U.S. 7,424,473, System and method for asset tracking with
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`organization-property-individual model
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`• U.S. 7,257,158, System for transmitting video images over a
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`computer network to a remote receiver
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`• U.S. 7,191,462, System for transmitting video images over a
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`computer network to a remote receiver
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`• U.S. 6,803,931, Graphical user interface including zoom control
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`box representing image and magnification of displayed image
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`41.
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`I have reviewed and analyzed numerous patents and prior art systems
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`through my litigation support work, including patents and prior art related to the
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`architecture and operation of computer systems including graphics. I have taken a
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`number of courses offered by the U.S. Patent and Trademark Office and the
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`Sunnyvale Center for Innovation, Inventions, and Ideas (“Sc[i]3”).
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`42. Both Federal and State Courts have recognized me as an expert in
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`computer software including trading systems and graphical user interfaces,
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`computer architecture, computer hardware, database systems, networks, and
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`computer forensic science.
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`43.
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`In addition, I recently served as a Special Master in a Federal District
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`Court in Paycom Payroll, LLC v. Richison and Period Financial, which included
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`financial systems with graphical user interfaces. I have served as a court-appointed
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`expert in San Jose, CA, in Aspect Communications Corporation v. eConvergent,
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`Inc. et al., which included financial systems with graphical user interfaces, and in
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`Ribeiro v. Weichselbaumer, which included financial and graphical analysis.
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`A. Testifying Engagements
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`• Cases in which I have testified as an expert witness at trial or by
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`deposition during the previous four years are identified as:
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`• Central District of California, Los Angeles, 14-cv-6119, Miller v.
`Fuhu;
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`• Utah State 3rd District Court, Salt Lake County, 140900780, Davis
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`and Carlos v. HireVue, Inc. et al.;
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`• Eastern District of North Carolina, 10-cv-00025, SAS Institute Inc. v.
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`World Programming Limited;
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`• Central District of California, Los Angeles, 13-ml-02461, MyKey
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`Technology Inc. Patent Litigation;
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`• District of Delaware, 13-cv-1943, Parallel Networks v. A10 Networks,
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`and 13-cv-2001, Parallel Networks v. F5 Networks;
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`• U.S. Patent Trial and Appeal Board, CBM2014-00131, 133, 135, and
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`137, TD Ameritrade v. Trading Technologies International;
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`• Southern District of New York, 14-cv-07616, Sanford and DYMO v.
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`Esselte;
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`• Northern District of Ohio, 7-cv-03565, Hickok Inc. v. SysTech
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`International, LLC;
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`• Eastern District of Virginia, Alexandria, 1:11-cv-01203, Reporting
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`Technologies, Inc. v. Emma, Inc.;
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`• Central District of California, Los Angeles, 2:10-cv-07678,
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`Futurelogic, Inc. v. Nanoptix, Inc.;
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`• Southern District of Texas, Houston, 3:08-cv-119, Wellogix v.
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`Accenture;
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`• Northern District of California, San Jose, 09-cv-01808, Embry v.
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`Acer America; and
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`• Southern District of Texas, Houston, 4:09-cv-1511, Wellogix v. BP.
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`44. Also the following is the case identification of the cases where I have
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`provided recent reports or declarations but have not testified:
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`• Northern District of California, San Francisco, 15-cv-01267, Lilith
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`Games vs. uCool;
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`• U.S. Patent Trial and Appeal Board, IPR2015-01078 and IPR2015-
`01080, GoPro, Inc. v. Contour, LLC;
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`• District of Minnesota, 12-cv-1357, Twin City Fan Companies, Ltd. v.
`FPT Software;
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`• Superior Court of California, Riverside County, Indio, INC 1108128,
`Malanche v. Eisenhower Medical Center;
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`• Central District of California, Western Division, 2:12-cv-05257,
`Innersvingen AS v. Sports Hoop, Inc.; and
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`• Western District of Oklahoma, 09-cv-488, Paycom Payroll, LLC v.
`Richison and Period Financial Corporation.
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`45. Some additional prior cases related to software interfaces, graphics,
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`and patent analysis, include: Konrad v. General Motors, et al.; ACTV, Inc. and
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`HyperTV Networks, Inc. v. The Walt Disney Co., ABC, Inc. and ESPN, Inc.; and
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`Collaboration Properties v. Polycom.
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`46.
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`In Konrad v. General Motors, et al., I analyzed the source code and
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`operation of data-driven web sites for many of the largest companies in America.
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`The graphical user interfaces displayed current quantity and pricing, and allowed
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`order placement and confirmation for airline seats, rental cars, and hotel rooms.
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`Many of these systems allowed for available commodities to be display in order of
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`price or other values.
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`47.
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`In ACTV v. Disney, I analyzed the Disney (ABC and ESPN)
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`interactive television system that included an interactive graphical user interface.
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`48.
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`In Collaboration Properties v. Polycom, I analyzed video
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`conferencing systems including telephony and graphics output systems and
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`standards.
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`49. My Curriculum Vitae contains further details on my education,
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`experience, publications, and other qualifications to render an expert opinion. My
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`work on this case is being billed at a rate of $495.00 per hour, with reimbursement
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`for actual expenses. My compensation is not contingent upon the outcome of this
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`covered business method review or the litigation involving the (cid:0)055 Patent.
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`II. MY UNDERSTANDING OF CLAIM CONSTRUCTION
`50.
`I understand that, during a covered business method review, claims
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`are to be given their broadest reasonable construction in light of the specification
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`as would be read by a person of ordinary skill in the relevant art.
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`III. MY UNDERSTANDING OF OBVIOUSNESS
`51.
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`I am not a lawyer and will not provide any legal opinions. Although I
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`am not a lawyer, I have been advised certain legal standards are to be applied by
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`technical experts in forming opinions regarding meaning and validity of patent
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`claims.
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`52.
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`I understand that a patent claim is invalid if the claimed invention
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`would have been obvious to a person of ordinary skill in the field at the time of the
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`purported invention, which is often considered the time the application was filed.
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`This means that even if all of the requirements of the claim cannot be found in a
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`single prior art reference that would anticipate the claim, the claim can still be
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`invalid.
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`53. As part of this inquiry, I have been asked to consider the level of
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`ordinary skill in the field that someone would have had at the time the claimed
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`invention was made. In deciding the level of ordinary skill, I considered the
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`following:
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`• the levels of education and experience of persons working in the field;
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`• the types of problems encountered in the field; and
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`• the sophistication of the technology.
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`54. To obtain a patent, a claimed invention must have, as of the priority
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`date, been nonobvious in view of the prior art in the field. I understand that an
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`invention is obvious when the differences between the subject matter sought to be
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`patented and the prior art are such that the subject matter as a whole would have
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`been obvious at the time the invention was made to a person having ordinary skill
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`in the art.
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`55.
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`I understand that to prove that prior art or a combination of prior art
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`renders a patent obvious, it is necessary to (1) identify the particular references
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`that, singly or in combination, make the patent obvious; (2) specifically identify
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`which elements of the patent claim appear in each of the asserted references; and
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`(3) explain how the prior art references could have been combined in order to
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`create the inventions claimed in the asserted claim.
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`56.
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`I understand that certain objective indicia can be important evidence
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`regarding whether a patent is obvious or nonobvious. Such indicia include:
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`commercial success of products covered by the patent claims; a long-felt need for
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`the invention; failed attempts by others to make the invention; copying of the
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`invention by others in the field; unexpected results achieved by the invention as
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`compared to the closest prior art; praise of the invention by the infringer or others
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`in the field; the taking of licenses under the patent by others; expressions of
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`surprise by experts and those skilled in the art at the making of the invention; and
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`the patentee proceeded contrary to the accepted wisdom of the prior art.
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
`57. A person of ordinary skill in the art at the time of the alleged
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`invention (“POSA”), would have had the equivalent of a Bachelor’s degree or
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`higher in computer science or computer engineering and at least 2 years working
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`experience designing and/or programming graphical user interfaces, and direct or
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`indirect experience with trading or related systems. Experience could take the
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`place of some formal training, as domain knowledge and user interface design
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`skills may be learned on the job. This description is approximate, and a higher
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`level of education or skill might make up for less experience and vice versa.
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`V. BACKGROUND OF THE TECHNOLOGIES DISCLOSED IN THE
`’055 PATENT
`A. Computer Hardware, Software, and Firmware
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`58. Originally, computers were composed only of physical circuits,
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`known as hardware,4 that were programmed by physically configuring wires (like a
`
`telephone switch board operator). Computer programs (a series of computer
`
`instructions) stored in memory are known as software,5 because they can be
`
`modified much more easily than hardware. In the late 1970’s, personal computers
`
`(“PCs”) became commercial products (such as the Apple II in 1977). In some PC's,
`
`a bootstrap loader and other basic input and output programs were permanently
`
`stored in hardware chips, known as read-only-memories (“ROM”). These
`
`programs recorded indelibly in ROM were no longer “soft” enough to be modified,
`
`
`4 Hardware is the tangible components of a computing system, such as
`
`vacuum tubes, wires, circuit boards and other discrete components.
`
`5 Software is a “generic term for those components of a computer system
`
`that are intangible rather than physical. It is most commonly used to refer to the
`
`programs executed by a computer system as distinct from the physical hardware of
`
`that computer system, and to encompass both symbolic and executable forms for
`
`such programs.” (Oxford Dictionary “software,” Ex. 1024)
`
`
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`
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`but could be changed by replacing one socketed ROM with another ROM
`
`containing another version of the program. Because they are intimately bonded
`
`with the hardware, these programs are called firmware.6
`
`B.
`
`Input/Output Adapters and User Input Devices
`
`59.
`
`In addition to the CPU and main memory, a computer usually has
`
`various input and output (“I/O”) devices. I/O devices include disks, tapes,
`
`keyboards and other input devices, displays, printers, and communications devices.
`
`Disks and tapes are also known as memory or storage, and (as discussed above) are
`
`distinguished from main memory by the term “secondary memory.” Other input
`
`devices include mice, pens, tablets, touch pads, touch screens, and cameras.
`
`C. Display, Pixel, and Video Frame
`
`60. When Philo T. Farnsworth invented electronic television in the late
`
`1920’s, he modified a vacuum tube to control the movement of an electron beam
`
`from the cathode (the negative terminal) on the back the tube to scan across the
`
`screen on the other side of the tube (the anode, or positive terminal). Where the
`
`
`6 Generally, firmware refers to CPU instructions stored in a programmable
`
`ROM.
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`
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`- 22 -
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`
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`beam hits the glass (and coating of phosphors) the glass glows. Magnetic coils
`
`deflect the electron beam. In television, the entire front of the tube is scanned
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`repetitively in a fixed pattern called a raster. The intensity of the electron beam is
`
`modified to change the brightness on point along the raster scan. The result points
`
`on the screen are called picture elements, or “pixels.”
`
`61.
`
`In the United States the National Television System Committee
`
`(“NTSC”) standard defines a raster of 525 scan lines, which refreshes 30 times a
`
`second. Each time the video screen is refreshed the contents is a frame of video
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`data. The frame is interlaced with odd and even line fields with a field changing
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`60 times a second. The NTSC standard also set a 4:3 aspect ratio. Even though
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`there are 525 lines, the visible area is generally 480 lines high which results in an
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`array of pixels which 640 pixels wide, or 640 x 480 pixel resolution.
`
`D. Bits, Bitmaps, Pixmaps, and Graphic Images
`
`62. A binary digit (“bit”) can have a value of zero (0) or one (1).
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`Computer digital logic uses zero to represent “false” and one to represent “true”,
`
`thus 0 is false and 1 is true.
`
`
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`- 23 -
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`
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`63. A bit map originally was a data structure having one bit for each
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`pixel.7 These are now referred to as Black and White (“B&W”) bitmaps, or two
`
`color bitmaps. A one would turn on the electron beam for that pixel and a zero
`
`would turn off the electron beam. A bitmap could be created to define a character.
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`For example, in CGA a character was defined as an 8x8 bitmap.
`
`64. The same concept was applied to create a color bitmap, or pixel map
`
`(“pixmap”) where more than one bit represents the color for each pixel. Like
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`B&W bitmaps, a color bitmap is a consecutive array of pixel data, where the more
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`than one bit makes up the array elements. In some contexts, the term bitmap is
`
`used to refer to pixmaps, as well as B&W bitmaps.
`
`65. A bitmap can also be used to store a graphic image as an array of
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`color values for each point in the image. For example, the Macintosh used bitmaps
`
`
`7 In 1984, when the Apple Macintosh was released, it had a black and white
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`screen and its screen buffer was a true bitmap, named screenBits, in a special
`
`location in main memory. “The Macintosh screen itself is one large visible bit
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`image. The upper 21,888 bytes of memory are displayed as a matrix of 175,104
`
`pixels on the screen, each bit corresponding to one pixel…The screen is 342 pixels
`
`tall and 512 pixels wide” (Inside Macintosh Promo. Ed., Ex. 1025, p. 12.)
`
`
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`- 24 -
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`
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`for icons in its Graphical User Interface (“GUI”). Further, Windows and OS/2
`
`have a bitmap file format (“.BMP”). JPEG, TIFF, GIF, and PNG also store
`
`bitmaps in a compressed format.
`
`66. Graphic images can also be drawn (or rendered) using graphic
`
`commands. Rectangles, circles, and other polygons can be drawn having different
`
`sizes and colors.
`
`VI. OVERVIEW OF THE (cid:0)055 PATENT
`67. The title of the ’055 Patent is “System and Method for Automatic
`
`Repositioning of Market Information in a Graphical User Interface.” The ’055
`
`Patent specification states, “The present invention is directed to electronic trading.”
`
`(’055 Patent, 1:28.) And the claims generally recite receiving market information
`
`(i.e., the inside market that includes the highest bid and lowest ask price for a
`
`commodity being traded) from an electronic exchange, displaying it (along with
`
`other graphical components) along a static price axis, and receiving commands
`
`including a command to reposition data along the static price axis. Claim 1 is
`
`illustrative and is reproduced below:
`
`[P] A method for repositioning a static price axis on a graphical user
`1.
`interface for displaying market information of a commodity being traded at
`an electronic exchange, the method comprising:
`
`
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`- 25 -
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`
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`
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`[A] receiving market information relating to a commodity from an
`
`electronic exchange via a computing device, the market information
`comprising an inside market with a current highest bid price and a current
`lowest ask price for the commodity;
`
`[B] displaying a first plurality of price levels along a static price axis
`
`on a graphical user interface of a display device associated with the
`computing device, where the first plurality of price levels range from a
`lowest value to a highest value along the static price axis;
`
`[C] in response to an input command received via an input device
`
`associated with the computing device, adjusting the first plurality price
`levels among a range of price levels to an adjusted plurality of price levels
`including the first plurality of price levels;
`
`[D] displaying a bid and ask display region on the graphical user
`
`interface, the bid and ask display region comprising a plurality of locations
`corresponding to the first plurality of price levels displayed along the static
`price axis, wherein each location corresponds to one of the first plurality of
`price levels, and wherein a number of the plurality of locations changes
`according to adjusting the first plurality of price levels;
`
`[E] displaying a first indicator representing a quantity associated with
`
`the current highest bid price at a first location in the plurality of locations of
`the bid and ask display region, wherein the first indicator
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