DOCKET NO: 388883US
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`PATENT: 6,441,828
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`INVENTOR: HARUO OBA ET AL.
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`FILED: SEPTEMBER 8, 1999
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` ISSUED: AUGUST 27, 2002
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`TITLE: IMAGE DISPLAY
`APPARATUS
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,441,828
`UNDER 35 U.S.C. § 312 AND 37 C.F.R. § 42.104
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`TABLE OF CONTENTS
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`I. MANDATORY NOTICES .............................................................................1
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`A.
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`B.
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`C.
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`D.
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`Real Parties-in-Interest..........................................................................1
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`Related Matters .....................................................................................1
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`Counsel..................................................................................................1
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`Service Information...............................................................................1
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`II.
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`CERTIFICATION OF GROUNDS FOR STANDING..................................1
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`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED....................2
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`A.
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`Prior Art Patents and Printed Publications............................................2
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`B. Grounds for Challenge ..........................................................................3
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`IV. OVERVIEW OF THE ‘828 PATENT ............................................................4
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`V.
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`CLAIM CONSTRUCTION ..........................................................................14
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`VI. LEVEL OF ORDINARY SKILL IN THE ART...........................................14
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`VII. STATEMENT OF MATERIAL FACTS ......................................................15
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`VIII. IDENTIFICATION OF HOW THE CHALLENGED CLAIMS ARE
`UNPATENTABLE........................................................................................22
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`A.
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`B.
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`C.
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`D.
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`Claims 6, 7, 17, and 18 Are Anticipated by Anderson
`(Ex. 1002)............................................................................................22
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`Claim 15 Is Unpatentable for Obviousness over
`Anderson (Ex. 1002) in View of Helms (Ex. 1003) ...........................29
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`Claims 6 and 7 Are Obvious over Nagasaki (Ex. 1004) in
`view of Kagle (Ex. 1005) ....................................................................31
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`Claims 17 and 18 Are Unpatentable for Obviousness
`over Nagasaki (Ex. 1004) in View of Kagle (Ex. 1005)
`and Jacklin (Ex. 1006).........................................................................35
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`E.
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`Claim 15 Is Unpatentable for Obviousness over Nagasaki
`(Ex. 1004) in View of Kagle (Ex. 1005) and Helms (Ex.
`1003)....................................................................................................37
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`IX. CONCLUSION .............................................................................................40
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`TABLE OF AUTHORITIES
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`Page
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`Cases
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`In re GPAC Inc.,
`57 F.3d 1573 (Fed. Cir. 1995) ...................................................................14
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`KSR Int'l Co. v. Teleflex Inc.,
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`550 U.S. 398 (2007) ............................................................................30, 38
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`Statutes
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` §
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` 102............................................................................................................. passim
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` 103............................................................................................................. passim
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`35 U.S.C. § 314(a) .................................................................................................3
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`35 U.S.C. § 112............................................................................................ passim
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`Rules and Other Authorities
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`37 C.F.R. § 42.22.................................................................................................15
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`MPEP § 2283 ............................................................................................... passim
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`iii
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` §
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`I. MANDATORY NOTICES
`A. Real Parties-in-Interest
`Research In Motion Corporation (“Petitioner”) and Research In Motion
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`Limited are the real parties-in-interest.
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`B. Related Matters
`The following matters would affect or be affected by a decision in this
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`proceeding: MobileMedia Ideas LLC v. Apple, Inc., 10-cv-00258 (D. Del.);
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`MobileMedia Ideas LLC v. Research In Motion Ltd. et al., 11-cv-02353 (N.D.
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`Tex); and Sandisk Corp. v. Mobile Media Ideas LLC, 11-cv-00597 (N.D. Cal.).
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`C. Counsel
`Lead Counsel: Robert C. Mattson (Registration No. 42,850)
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`Backup Counsel: Soumya Panda (Registration No. 60,447)
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`Service Information
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`D.
`Email: CPdocketMattson@oblon.com
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`Post: Oblon Spivak, 1940 Duke St., Alexandria, VA 22314
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`Telephone: 703-412-6466
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`Facsimile: 703-413-2220
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`II. CERTIFICATION OF GROUNDS FOR STANDING
`Petitioner certifies pursuant to Rule 42.104(a) that the patent for which
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`review is sought is available for inter partes review and that Petitioner is not
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`barred or estopped from requesting an inter partes review challenging the patent
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`claims on the grounds identified in this Petition.
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`1
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED
`Pursuant to Rules 42.22(a)(1) and 42.104 (b)(1)-(2), Petitioner challenges
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`claims 6, 7, 15, 17, and 18 of U.S. Patent No. 6,441,828 (“the ‘828 patent,” Ex.
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`1001).
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`Prior Art Patents and Printed Publications
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`A.
`Petitioner relies upon the following patents and printed publications, none of
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`which were considered during the original prosecution of the ‘828 patent:
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`Exhibit 1002 - U.S. Patent No. 6,262,769 (“Anderson”), issued July 17,
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`2001, and filed July 31, 1997. Anderson is available as prior art under 35 U.S.C.
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`§ 102(e).
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`Exhibit 1003 - U.S. Patent No. 5,760,760 (“Helms”), issued June 2, 1998,
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`and filed July 17, 1995. Helms is available as prior art under 35 U.S.C. § 102(b).
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`Exhibit 1004 - European Patent Application Pub. No. 0587161A2
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`(“Nagasaki”), published March 16, 1994. Nagasaki is available as prior art under
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`35 U.S.C. § 102(b).
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`Exhibit 1005 - U.S. Patent No. 6,148,149 (“Kagle”), issued November 14,
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`2000, and filed May 26, 1998. Kagle is available as prior art under 35 U.S.C.
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`§ 102(e).
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`2
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`Exhibit 1006 - U.S. Patent No. 6,396,472 (“Jacklin”), issued May 28, 2002,
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`and filed October 28, 1996. Jacklin is available as prior art under 35 U.S.C.
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`§ 102(e).
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`B. Grounds for Challenge
`Petitioner requests cancelation of the challenged claims under the following
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`statutory grounds:
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`A. Claims 6, 7, 17, and 18 are anticipated by Anderson (Ex. 1002), under 35
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`U.S.C. § 102(e).
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`B. Claim 15 is obvious over Anderson (Ex. 1002) in view of Helms (Ex.
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`1003), under 35 U.S.C. § 103(a).
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`C.
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`Claims 6 and 7 are obvious over Nagasaki (Ex. 1004) in view of
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`Kagle (Ex. 1005), under 35 U.S.C. § 103(a).
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`D.
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`Claims 17 and 18 are obvious over Nagasaki (Ex. 1004) in view of
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`Kagle (Ex. 1005) and Jacklin (Ex. 1006), under 35 U.S.C. § 103(a).
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`E.
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`Claim 15 is obvious over Nagasaki (Ex. 1004) in view of Kagle (Ex.
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`1005) and Helms (Ex. 1003), under 35 U.S.C. § 103(a).
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`Section VIII below contains detailed claim charts that demonstrate, for each
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`of the statutory grounds, that there is a reasonable likelihood that Petitioner will
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`prevail with at least one of the challenged claims. See 35 U.S.C. § 314(a).
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`3
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`IV. OVERVIEW OF THE ‘828 PATENT
`The application that issued as the ‘828 patent (Ex. 1001) was filed
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`September 8, 1999, and claims the benefit of two foreign patent applications: JP
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`10-254231, filed September 8, 1998; and JP 11-016215, filed January 25, 1999.
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`The ‘828 patent describes an image display apparatus capable of displaying
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`an image upright, regardless of whether the display apparatus is placed with the
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`shorter or longer side down. (Ex. 1001 at 1:64-67.) The digital images to be
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`displayed are supplied to the display apparatus via an external recording medium,
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`such as a removable memory card. (2:6-7, 3:61-65.)
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`Figures 1 and 2, reproduced below, are front and rear views, respectively, of
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`a first embodiment of the image display apparatus 1 for displaying image data
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`recorded in a memory card that is an external recording medium. (3:20-26.)
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`4
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`The display panel 4 (Fig. 1) “is a thin, lightweight structure, such as an LCD
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`display or plasma display, to display an image based on a to-be-displayed image
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`signal supplied from an image processing block,” described below. (3:37-40.) In
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`addition to being positioned with its longer side down, as shown in Figures 1 and
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`2, image display apparatus 1 can be positioned with the shorter side down. (6:50-
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`52.)
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`An operation panel 10 has a group of control buttons including a fast
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`forward/search button 13, play start/stop button 14, fast backward/search button
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`15, rotate (ROTATE) button 16, and display (DISP) button 17. (4:4-8.) “The
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`ROTATE button 16 is used to record into the memory card 12 displaying-direction
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`information on an image to be displayed on the display panel 4. The DISP button
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`17 turns on and off display of photography data and index information, for
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`example, added to the image information.” (4:20-25.) A set of select and set keys
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`18 is used to select and set an item displayed on the display panel 4. (4:25-27.)
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`Keys 18a, 18b, 18c and 18d designate the upward, rightward, downward and
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`leftward directions, and click button 18e sets the selected item. (4:27-31.)
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`Figure 6 is a schematic block diagram of the image display apparatus 1:
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`5
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`“For playback of an image recorded in the memory card 12, a control
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`microcomputer 42 reads the compressed image data from the memory card 12 via a
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`memory card controller 40 and stores it in a built-in DRAM.” (5:51-54.) “The
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`compressed image data is expanded or decompressed in an image processing block
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`43 and stored back into the DRAM. The image data thus stored … is processed by
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`the image processing block 43 for display on the display panel 4.” (5:54-59.) The
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`control microcomputer 42 records the displaying-direction information on an
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`image into the memory card 12 via the memory card controller 40. (5:60-63.) The
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`displaying-direction information is entered by the user by pressing the ROTATE
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`button 16 on the operation panel 10, thereby rotating the image clockwise to the
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`desired normal direction of the image. (6:3-10.) The control microcomputer 42
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`6
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`then writes the image information and displaying-direction information into
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`memory card 12. (6:11-14.)
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`“With the memory card 12 kept inserted in the same image display apparatus
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`1, the user can display an image on the display panel 4 in a normal direction
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`corresponding to the displaying-direction information.” (6:19-22.) Thus, “[e]ven
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`with the image display apparatus 1 placed in a different position from that when
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`the displaying-direction information is recorded in the memory card 12, the image
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`can be displayed in the same normal direction.” (6:22-26.) “More specifically, a
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`position detection switch 41 is provided to detect whether the image display
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`apparatus 1 is placed with the longer or shorter side down, and send a detection
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`signal to the control microcomputer 42[,] which will read the displaying-direction
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`information from the memory card 12 via the memory card controller 40.” (6:26-
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`31.) “Thus the image can be displayed in the same normal direction.” (6:31-32.)
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`Figures 9 and 10, respectively show the image display apparatus placed with
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`the longer side down and with the shorter side down to reproduce an image. (2:60-
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`64.)
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`7
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`Image display apparatus 1 is also provided with a human body recognition
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`sensor 5 (Fig. 6) for recognizing a human body existing near the apparatus 1 and
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`causing a change in the displaying status of the display panel 4. (6:60-62.) Human
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`body recognition sensor 5 can be an ultraviolet sensor to detect ultraviolet ray
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`coming from a human body, an ultrasound sensor to transmit an ultrasound and
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`receive a reflected sound from a human body or object existing near the apparatus
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`1, or a light sensor to emit a light from a laser or LED (light-emitting diode) and
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`detect a return light from a human body or object existing near the apparatus 1.
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`(6:62 - 7:3.) “[W]hen the human body recognition sensor 5 detects the user’s hand
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`… the detection signal is supplied to the control microcomputer 42 which will
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`allow the power supply block to supply the power to the display panel 4.” (7:13-
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`17.)
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`8
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`In a second embodiment, the direction in which an image displays is based
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`on the posture or orientation of the apparatus. Figures 13 and 14, reproduced
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`below, are front and rear perspective views, respectively, of the second
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`embodiment of the image display apparatus 50. (7:57-62.)
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`As shown in Figure 13, the image display apparatus 50 has an enclosure 51 similar
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`to a decorative photo holder or mount. (7:63-65.) The enclosure 51 has on its front
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`side a display panel 52, infrared communication element 54, light sensor 55,
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`human body recognition sensor 56, and operation panel 57, and has provided on its
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`top, a socket 53 “in which a memo [sic: memory] card as an external recording
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`medium is to be set.” (7:65 - 8:3.) “[W]hen a photo collection of a celebrity
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`(photos by a professional photographer, for example) is recorded in a memory card
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`as an external recording medium, such digital images can easily be read from the
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`memory card and displayed on the display panel 52 for viewing.” (12:23-28.)
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`9
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`Figure 15, reproduced below, is a schematic block diagram of the image
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`display apparatus 50 depicted in Figures 13 and 14. (8:17-18.)
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`As already noted, terminal 58 (mislabeled 60 in Figure 15) permits connection of a
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`serial cable, for example. (8:19-20.) The image display apparatus 50 is connectable
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`via the terminal 58 or infrared communication element 54 to an external apparatus,
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`such as a digital still camera, personal computer, film scanner, or the like, “from
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`which at least a digital image data is supplied to the image display apparatus 50.”
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`(8:22-27.)
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`The data received via terminal 58 or infrared communication element 54 is
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`transmitted via mode selection switch 61 and communication block 62 to built-in
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`10
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`memory 63. (8:44-48.) A communication/medium select switch 64 permits the user
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`to selectively apply to image processing block 65 the digital image data supplied
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`from an external recording medium in the socket 53 or read from the built-in
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`memory 63. (9:5-9.)
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`A “position detection switch 66” (mislabeled 22 in Figure 15) determines a
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`direction in which an image is to be displayed on the display panel 52 according to
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`the posture of the enclosure 51 of the image display apparatus 50. (9:27-30.) The
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`‘828 patent more particularly explains:
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`[T]he position detection switch 66 is a direction select switch to allow
`the user to selectively set a direction in which an image is to be
`displayed, an automatic position detector provided with a gravity
`sensor or the like to automatically detect in which position the image
`display apparatus 50 is placed and set a position in which an image is
`to be displayed, or the like. Note that to save the user’s labor to select
`such a displaying direction, the automatic position detector should
`desirably be adopted in the position detection switch 66. A position
`detection signal from the position detection switch 66 is sent to the
`image processing block 65.
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`(9:30-41.) The image processing block 65 determines which direction an image
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`should be displayed based on the position detection signal. (9:41-46.)
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`11
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`Figures 16A and B, reproduced below, show how an image is displayed on
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`the display panel 52 of the image display apparatus in Figures 13 and 14. (3:11-
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`13.)
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`As shown in these figures, the image is displayed in the “normal” direction 70
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`regardless of whether the image display apparatus is positioned with the shorter
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`side down or with the longer side down. (6:50-57, 9:46-67.)
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`In discussing image display apparatus 50 (Figs. 13-15), the ‘828 patent
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`describes using the operation panel 57 to select menu items:
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`The control panel 57 has provided thereon control buttons which are
`used by the user to control the operation of the image display
`apparatus 50. While the image processing block 65 allows operation
`menu items to be displayed on the display panel 52, the user selects a
`desired one of the menu items by using a corresponding control button
`on the operation panel 57 to operate the image display apparatus 50 in
`the selected mode. Note that the operation menu items may include a
`function to switch on/off the human body recognition sensor 56 and
`light sensor 55, slide show of a digital image, fade display and the
`like.
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`12
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`(11:35-45.) See also 12:35-38: “[T]he image display apparatus 50 is provided with
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`the operation panel 57 at which various operation menu items can be selected for
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`some modes of digital image display.”
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`In image display apparatus 50, “[t]he light sensor 55 is provided to detect the
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`brightness around the image display apparatus 50 and supply a light detection
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`output to a display brightness controller 69.” (10:63-65.) Display brightness
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`controller 69 can control the brightness of the display automatically:
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`The display brightness controller 69 may be a one [sic] which can
`adjust the display brightness of the display panel 52 according to the
`light detection output from the light sensor 55. More specifically, the
`display panel 52 is made easier to view in a bright environment as in
`the day time by increasing its display brightness, and in a relative dark
`environment as in the night or evening by decreasing the display
`brightness somewhat. When the light sensor 55 detects a larger
`amount of light (in the day time, for example) than predetermined, the
`display brightness controller 69 will increase the display brightness of
`the display panel 52. On the other hand, when the light sensor 55
`detects a smaller amount of light (in the night or evening, for
`example) than predetermined, the display brightness controller 69 will
`decrease the brightness of a display on the display panel 52.
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`(11:20-34.)
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`13
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`V. CLAIM CONSTRUCTION
`The claim terms are presumed to take on their ordinary and customary
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`meaning. This Petition shows that the claims of the ‘828 patent are anticipated or
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`rendered obvious by the prior art identified herein when the challenged claims are
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`given their broadest reasonable interpretation in light of the specification.1
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`Some of the claim limitations are written in means-plus-function form under
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`35 U.S.C. § 112, ¶ 6, and the identification of the corresponding structure for those
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`limitations is included in italics in the left-hand column of the claim charts
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`demonstrating how the challenged claims are unpatentable, infra.
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`VI. LEVEL OF ORDINARY SKILL IN THE ART
`The level of ordinary skill in the art is evidenced by the references. See
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`In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995) (determining that the Board
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`did not err in adopting the approach that the level of skill in the art was best
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`determined by the references of record). The prior art applied herein demonstrates
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`that one of ordinary skill in the art, at the time of the invention, was aware of the
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`problem of displaying pictures on a display screen in the correct orientation where
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`the pictures were taken in different orientations (e.g., portrait and landscape) and
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`1 Other forums, such as the District Courts, require different standards of proof and
`claim interpretation that are not applied by the PTO for inter partes review.
`Accordingly, any interpretation or construction of the challenged claims in this
`Petition, either implicitly or explicitly, should not be viewed as constituting, in
`whole or in part, Petitioner’s own interpretation or construction, except as regards
`the broadest reasonable construction of the claims presented.
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`14
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`where the display screen is rotated into different orientations. The Anderson
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`reference, in particular, demonstrates that it was within the ability of one of
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`ordinary skill in the art to account for both the orientation of a picture and the
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`orientation of the display screen in a single device. (Ex. 1002 at 8:10-12, 8:58-67.)
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`VII. STATEMENT OF MATERIAL FACTS
`Pursuant to 37 C.F.R. § 42.22, Petitioner submits the following statement of
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`material facts:
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`Anderson (Ex. 1002)
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`1.
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`Anderson is available as prior art against the ‘828 patent under
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`35 U.S.C. § 102(e).
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`2.
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`Anderson recognizes that viewing a series of images with a portable
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`camera “can be a nuisance” when some of the images are in landscape format and
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`some are in portrait format. (Ex. 1002 at 1:65-2:3.)
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`3.
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`Anderson describes a portable digital camera with the ability to
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`present both landscape and portrait images in an orientation consistent with the
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`orientation in which the camera is held so that the user is not required to rotate the
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`camera whenever a portrait image follows a landscape image, or vice versa, when
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`the user is viewing a series of images. (Ex. 1002 at 8:5-16.)
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`4.
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`Anderson’s portable camera has a dynamic random-access memory
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`(DRAM) for storing raw and compressed image data. (Ex. 1002 at 4:62-67.)
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`5.
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`The portable camera processes stored images for display on an LCD
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`screen. (Ex. 1002 at 5:22-53.)
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`6.
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`Anderson describes a memory 550 that can be included in the DRAM
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`or in non-volatile memory. (Ex. 1002 at 5:63-65.)
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`7.
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`The memory 550 includes an image memory 554, a setting unit 556,
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`and an orientation sensor memory 552. (Ex. 1002 at 5:61-63, Fig. 5.)
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`8.
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`The orientation sensor memory stores an orientation signal indicating
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`the orientation of the camera. (Ex. 1002 at 6:42-49, Fig. 6 step 612.)
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`9. When a picture is taken with Anderson’s camera, it defines the top
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`and/or bottom of the image, based on the orientation of the camera when the
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`picture was taken. (Ex. 1002 at 6:49-7:6, 7:22-25, 9:51-52, Fig. 6.)
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`10. The determination of the top and/or bottom of an image may be
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`performed by the setting unit 556, which forms part of the memory 550, or by
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`another component, such as a CPU. (Ex. 1002 at 7:3-16, Fig. 5.)
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`11. The setting unit 556 sets, or stores, the orientation of the image. (Id.)
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`12. Anderson describes storing information relating to the orientation of
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`the image with the image. (Ex. 1002 at 7:22-25, 9:51-52, 10:10-14, Fig. 6 step
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`628.)
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`13. Anderson describes a process for automatically rotating images that
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`are to be displayed on the camera’s display screen. (Ex. 1002 at 7:60-62.)
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`16
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`14. Anderson’s digital camera determines the orientation of a stored
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`image to be displayed on the basis of orientation information stored with the
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`image. (Ex. 1002 at 7:62-64, 8:43-50, Fig. 9 step 700, Fig. 12 step 1002.)
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`15. The camera also determines its own physical orientation. (Ex. 1002 at
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`7:65-66, 8:43-50, Fig. 7 step 702, Fig. 12 step 1004.)
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`16. The camera determines whether the image orientation of the stored
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`image is different from the camera’s physical orientation. (Ex. 1002 at 8:9-10,
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`8:51-57, Fig. 7 step 704, Fig. 12 step 1004.)
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`17. The stored image is rotated for display if the stored image orientation
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`does not match the physical orientation of the camera. (Ex. 1002 at 8:10-12, 8:58-
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`67, Fig. 7 step 706, Fig. 12.)
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`18. Thus, the camera determines which direction to display the image on
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`the basis of the stored image orientation and the physical orientation of the camera.
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`(Id.)
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`Helms (Ex. 1003)
`19. Helms is available as prior art against the ‘828 patent under 35 U.S.C.
`
`§ 102(b).
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`20. Helms relates generally to a system for automatically adjusting the
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`brightness level of a display screen of a portable computer or other electronic
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`device, based on the ambient light level. (Ex. 1003 at Abstract, 1:5-13.)
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`21. Helms describes that the system advantageously increases run-time
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`between battery charges by lowering the brightness level of a liquid crystal display
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`(“LCD”) during use in low ambient lighting conditions. (Ex. 1003 at 2:39-42.)
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`22. A portable device 10 includes a photodetector or light sensor 14,
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`proximate the LCD, for detecting the ambient light level directed toward the front
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`of the LCD. (Ex. 1003 at 3:14-22.)
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`23. The portable device 10 also has brightness control circuitry 204. (Ex.
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`1003 at 3:26-34.)
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`24. An output of microprocessor 204a is connected to backlight driver
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`circuitry for generating brightness control signals for controlling the brightness
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`level of the LCD. (Ex. 1003 at 3:35-39.)
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`25. Analog signals generated by the photodetector 14 indicate the level of
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`ambient light striking the front of the LCD. (Ex. 1003 at 3:39-41.)
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`26. The user selects a brightness level, which Helms’s system represents
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`with a digital signal. (Ex. 1003 at 3:42-45.)
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`27. The ambient light and user-selected brightness level signals are input
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`to the brightness control circuitry 204 on lines 212 and 214, respectively. (Ex.
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`1003 at 3:39-47.)
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`28. The microprocessor 204a outputs to the backlight driver circuitry 213
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`an appropriate brightness control signal for adjusting the brightness level of the
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`LCD in accordance with the ambient light and user-selected brightness levels. (Ex.
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`1003 at 3:65 - 4:5, Fig. 3.)
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`Nagasaki (Ex. 1004)
`29. Nagasaki is available as prior art against the ‘828 patent under
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`35 U.S.C. § 102(b).
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`30. Nagasaki describes a tablet or a pen computer with an LCD display.
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`(Ex. 1004 at 3:47-51, 13:56-57, 14:2.)
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`31. The computer includes a card interface capable of receiving memory
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`cards, such as a flash card. (Ex. 1004 at 14:27-32.)
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`32. Nagasaki states: “A display controller 104 displays information or
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`images on the output section 102 in accordance with the content of a display RAM
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`105. The display controller 104 rewrites the display RAM 105 by a command from
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`the CPU 106.” (Ex. 1004 at 4:1-5, see also 4:47-52.)
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`33. Nagasaki also describes a CPU, LCD controller, and VRAM for
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`generating an image signal based on information read from memory. (Ex. 1004 at
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`13:38-55, 14:11-13.)
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`34. Nagasaki’s computer can automatically determine the display’s
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`orientation based on signals output from a detection section formed by DC jacks
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`(Ex. 1004 at 5:24-37), input pin connectors and switches (6:55 – 7:4), or pull-down
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`resistors (5:38-41).
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`35. The “detection section 103 detects the orientation of the information
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`processor in a used state and sends a result of the detection to a CPU 106.” (Ex.
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`1004 at 3:54-56.)
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`36. The CPU applies the algorithm shown in Figures 19, 22, or 24 and 25
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`to determine the orientation in which to display an image on the basis of the LCD
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`display’s posture. (Ex. 1004 at 4:47-52, 5:38-41, 7:2-4, 7:16-30, 16:33 – 17:18.)
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`Kagle (Ex. 1005)
`37. Kagle is available as prior art against the ‘828 patent under 35 U.S.C.
`
`§ 102(e).
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`38. Kagle relates generally to a digital camera that can automatically
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`correct for camera rotation when pictures are taken. (Ex. 1005 at 1:6-8.)
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`39. The digital camera stores images, or pictures, with information
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`indicating the camera’s orientation when each picture was taken. (Ex. 1005 at
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`1:65-2:6.)
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`40. When the pictures are later viewed with a computer, the computer
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`uses the stored information indicating the camera’s orientation when a particular
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`picture was taken to automatically rotate the picture for display in the correct
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`direction. (Ex. 1005 at 4:51-58.)
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`U.S. Patent 6,441,828
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`41. The automatic rotation of the pictures based on the orientation
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`information eliminates the need for a user to preview each picture and manually
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`rotate it. (Id.)
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`42. Kagle states: “The invention eliminates the time-consuming step of
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`previewing each picture as it is downloaded to a personal computer. In one
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`embodiment, orientation information supplements actual pixel data, allowing the
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`personal computer to automatically rotate pictures that were taken with the camera
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`in a non-default orientation.” (Ex. 1005 at 4:51-58.)
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`Jacklin (Ex. 1006)
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`43.
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`Jacklin is available as prior art against the ‘828 patent under 35 U.S.C.
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`§ 102(e).
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`44.
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`Jacklin relates generally to an electronic picture frame. (Ex. 1006 at
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`1:5-16, 3:24-36.)
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`45. The electronic picture frame has an option button 15 that permits “an
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`operator to move to setup options displayed on the screen, selecting the one which
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`is desired to be changed.” (Ex. 1006 at 6:45-47.)
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`46.
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`Jacklin’s displayed setup options are examples of menu items. (Id.)
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`47. The menu items include display modes that are selectable by the
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`select button 17. (Ex. 1006 at 6:50-52.)
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`U.S. Patent 6,441,828
`Petition for Inter Partes Review
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`48. The display modes include photograph matting/no matting,
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`photograph shading, and automatic rotation of displayed photographs. (Ex. 1006 at
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`Abstract, 6:47-49, 12:4-5.)
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`VIII. IDENTIFICATION OF HOW THE CHALLENGED CLAIMS ARE
`UNPATENTABLE
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`Pursuant to Rule 42.104(b)(4)-(5), the following charts demonstrate that the
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`challenged claims are unpatentable.
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`A. Claims 6, 7, 17, and 18 Are Anticipated by Anderson (Ex. 1002)
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`‘828 Patent – Claim 6
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`Is Anticipated by Anderson (Ex. 1002)
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`6. An image displaying
`apparatus for displaying
`image data read from a
`recording medium,
`comprising:
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`image signal generating
`means for generating an
`image signal for display
`based on image
`information read from the
`recording medium;
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`This is a means-plus-
`function limitation. The
`corresponding structure in
`the specification that
`performs the claimed
`function is control
`microcomputer 42 and
`image processing blocks
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`Anderson teaches a “method and apparatus for viewing
`an image in an image capture unit including a display
`….” (Ex. 1002 at 2:14-15.) Referring to Anderson’s
`Figures 1, 3, and 7A, camera 110, which includes
`imaging device 114 and computer 118, is an image
`displaying apparatus having an LCD screen 402 for
`displaying image data read from a recording medium.
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`Anderson teaches the claimed function of “generating an
`image signal for display based on image information
`read from the recording medium.”
`image
`Anderson’s recording medium from which
`information is read is nonvolatile memory 350 (Fig. 3),
`which can include memory 550 of the embodiment
`depicted in Figure 5. “The memory 550 can be included
`in one or more of the components of the camera 110,
`including the DRAM 346 or the non-volatile memory
`350.” (Ex. 1002 at 5:63-65.) As shown in Figure 5,
`memory 550 includes an image memory 554, a setting
`unit 556, and an orientation sensor memory 552. (5:61-
`63. Fig. 5.) The CPU 344, 344’ generates information of
`the direction of the image for storage by setting the top
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`U.S. Patent 6,441,828
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