Apple Inc. v. Evolutionary Intelligence LLC,
`IPR No. 2014-00086
`(Consolidated with Twitter Inc. and Yelp Inc. v. Evolutionary Intelligence LLC,
`IPR No. 2014-00814)
`Anthony J. Patek
`Gutride Safier LLP
`
`P.O. Demonstratives Ex. 2010
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`1
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`
`IPR No. 2014-00086
`(Consolidated with Twitter Inc. and Yelp Inc. v. Evolutionary Intelligence LLC,
`IPR No. 2014-00814)
`Anthony J. Patek
`Gutride Safier LLP
`
`P.O. Demonstratives Ex. 2010
`
`1
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`The Problem
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`•“Search engines query thousands or tens of thousands of index
`pages per second to suggest the location of information while the
`user waits.” Ex. 1001 at 1:40-43.
`•“Where content resides in a fixed location and structure,
`‘information’ becomes something defined by the mind of the
`information provider rather than mind of the information user . . . .”
`Id. at 2:2-7.
`•“A further problem is that there is a limited means to add to,
`subtract from, or alter the information content of documents,
`databases, or sites without communicating with the owners or
`operators of those information resources . . . .” Id. at 2:33-38.
`•“Additionally, once so altered, there is not a means to derive to
`derive a proportionate value, and thereby a proportionate royalty
`as the information is used.” id. at 2:38-40.
`See Prelim. Resp. at 5
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`P.O. Demonstratives Ex. 2010
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`2
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`The ’536 Patent’s Solution
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`P.O. Prelim. Resp. at 6
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`Id.
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`3
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`P.O. Demonstratives Ex. 2010
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`The ’536 Patent
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`P.O. Demonstratives Ex. 2010
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`4
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`Gibbs Discloses an Object-Oriented
`Train Management System
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`P.O. Demonstratives Ex. 2010
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`5
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`Gibbs Discloses Discrete Objects
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`P.O. Demonstratives Ex. 2010
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`6
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`Gibbs Discloses Discrete Objects
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`P.O. Demonstratives Ex. 2010
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`7
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`Gibbs Discloses Discrete Objects
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`P.O. Demonstratives Ex. 2010
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`8
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`The Petition’s Description of Gibbs
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`Petition at p. 16
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`P.O. Demonstratives Ex. 2010
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`9
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`The Decision to Institute Trial Used
`the Petition’s Description of Gibbs
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`Petition at p. 16
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`P.O. Demonstratives Ex. 2010
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`Decision at p. 27
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`10
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`Claim Construction
`•Container
`•Register
`•First Register Having a Unique Container
`Identification Value
`•Active Space Register
`•Passive Space Register
`•Neutral Space Register
`•Gateway
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`P.O. Demonstratives Ex. 2010
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`11
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`
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`A Plurality of Containers, Each
`Comprising . . .
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`•
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`•
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`Ex. 1001, claim 2
`Petition at 16 and Houh Declaration (Ex. 1003), ¶
`110 – “The objects used by Ex. 1006 railroad
`management system are . . . ‘containers’ as specified
`in claim 2 of the ’536 patent.”
`• Houh Deposition (Ex. 1008 at 39:7-22) – “[T]here
`are a plurality of TWSes shown in Figure 2 . . . And
`so, for example, a transport object library combined
`with a map object library and a report object library,
`comprise the container, and those exist on each of
`the TWS systems.”
`Supp. Houh Declaration (Ex. 1009) at ¶ 12 – “Gibbs
`shows a ‘container’ that is a collection of
`instantiated objects used to generate maps and
`reports in a running TWS workstation”; see also Id.
`at ¶¶ 35-36 (“The set of instantiated objects . . . is
`“the container specified in claim 2”)
`See also Opp. at 30-36; Obs. at ¶ 13; Prel. Resp. at
`30-31.
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`P.O. Demonstratives Ex. 2010
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`12
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`First Register Having a Unique
`Container Identification Value
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`Petition at 17
`Decision to Institute Trial at 18
`Supp. Houh Declaration (Ex. 1009) at ¶ 56; see also Reply at 8-10
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`P.O. Demonstratives Ex. 2010
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`13
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`First Register Having a Unique
`Container Identification Value
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`The ’536 patent states as follows:
`“A container is an interactive nestable logical domain . . . maintaining a
`unique lifelong identity.” at 3:29-39.
`“System-defined registers comprise . . . (4) an identity register
`maintaining a unique lifelong identification and access location for a
`given container.” at 3:57-64.
`“Pre-defined registers comprise . . . an identity register 11400
`maintaining a unique lifelong identification and access location for a
`given container specifying a unique time and place of origin and
`original residence.” at 14:43-55.
`“When input is received from the user choosing “finished,” the
`container is created with a unique network identity.” at 17:15-21.
`See Opposition at 16-19
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`P.O. Demonstratives Ex. 2010
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`14
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`“Unique Container Identification
`Values” Asserted in Petitions for IPR
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`Opposition at 17-18
`P.O. Demonstratives Ex. 2010
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`15
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`Active Space Registers
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`P.O. Demonstratives Ex. 2010
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`Opp. at 45
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`16
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`Active Space Registers
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`Opp. at 45
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`P.O. Demonstratives Ex. 2010
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`(Gibbs (Ex. 1006) at )15:63-67.)
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`17
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`Active Space Registers
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`Gibbs (Ex. 1006) at 13:46-57;
`see also Opp. at 46.
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`18
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`P.O. Demonstratives Ex. 2010
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`Active Space Registers
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`Green Decl. (Ex. 2006) at ¶ 173; see also ¶¶ 122-
`26, 169-174; Opp. at 45-46
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`Ex. 1006 at 17:50-56; see also Opp at 46; Green Decl. (Ex. 2006) at ¶ 174
`P.O. Demonstratives Ex. 2010
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`19
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`Passive Space Registers
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`Opp. at 49
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`P.O. Demonstratives Ex. 2010
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`20
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`Passive Space Registers
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`Opp. at 48-49
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`IPR 2014-00092, Paper # 12 at 21
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`21
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`P.O. Demonstratives Ex. 2010
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`Neutral Space Register
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`Opp. at 50-51
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`Ex. 1006, Fig. 5
`P.O. Demonstratives Ex. 2010
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`Ex. 1006, Fig. 6c
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`22
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`Acquire Register
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`Opp. at 56
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`Opp. at 56
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`Ex. 1006
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`23
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`P.O. Demonstratives Ex. 2010
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`Acquire Register
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`P.O. Demonstratives Ex. 2010
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`Opp. at 56
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`Ex. 1006 at 10:21-26
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`24
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`Acquire Register
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`P.O. Demonstratives Ex. 2010
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`Opp. at 56
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`25
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`Motion to Exclude – New Evidence
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`P.O. Demonstratives Ex. 2010
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`26
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`Motion to Exclude – No Corroboration
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`“If I relied on something as the basis of my
`opinions, I think I would have included that in my
`declaration.” Ex. 1010 (Houh Dep. Tr.) at 202:6-8.
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`P.O. Demonstratives Ex. 2010
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`27
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`Dr. Houh Misconstrued Nesting
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`“ . . . generally people understand [nesting] as
`things within things.” Ex. 1010 (Houh Dep. Tr.) at
`240:5-243:5.
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`P.O. Demonstratives Ex. 2010
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`28
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`
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`No Inherent Disclosure of Asserted
`Execution Stack
`“It’s very hard to make a statement that says
`everything in the world . . . has this [i.e., an
`execution stack functioning as described by Dr.
`Houh] because, you know, there probably could
`of execution stack . . . .” Ex. 1010 (Houh Dep. Tr.)
`at 258:22-259:3.
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`be someone who could come up with a system
`for supporting function calls without this type
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`P.O. Demonstratives Ex. 2010
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`29
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