UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`SONY COMPUTER ENTERTAINMENT AMERICA LLC
`Petitioner
`
`v.
`
`APLIX IP HOLDINGS CORPORATION
`Patent Owner
`
`____________
`
`Case No. IPR2015-00533
`Patent No. 7,218,313
` ____________
`
`PETITIONER’S DEMONSTRATIVE EXHIBITS
`
`
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`SONY COMPUTER ENTERTAINMENT AMERICA LLC
`Petitioner
`
`v.
`
`APLIX IP HOLDINGS CORPORATION
`Patent Owner
`
`____________
`
`Case No. IPR2015-00533
`Patent No. 7,218,313
` ____________
`
`PETITIONER’S DEMONSTRATIVE EXHIBITS
`
`
`
`
`
`INTER PARTES REVIEW
`U.S. PATENT NO. 7,667,692
`
`O R A L A R G U M E N T, J A N . 1 9 , 2 0 1 6
`
`
`
`Sony Computer Entertainment America LLC v. Aplix IP Holdings Corporation
`Case IPR2015-00229; U.S. Patent No. 7,667,692
`
`Petitioner’s DX-1
`
`
`
`
`
`‘692 PATENT - ABSTRACT
`
`Ex. 1001 at Abstract
`
`Petitioner’s DX-2
`
`
`
`
`
`‘692 PATENT - FIGURES
`’692 PATENT - FIGURES
`
`Ex. 1001 at Figs. 3a, 3d
`EX. 100] CT Figs. 30, 3d
`
`pefifioneps DX_3
`Petitioner’s DX-3
`
`
`
`
`
`‘692 PATENT – EXEMPLARY CLAIM
`
`Ex. 1001 at Claim 1
`
`Petitioner’s DX-4
`
`
`
`
`
`LIEBENOW – FIG. 1
`
`Ex. 1003 at Fig. 1
`
`Petitioner’s DX-5
`
`
`
`
`
`LIEBENOW – FIG. 3
`
`Ex. 1003 at Fig. 3
`
`Petitioner’s DX-6
`
`
`
`
`
`INSTITUTED GROUNDS
`
`• Claims 1-3 and 5-10 over Liebenow and Armstrong ‘691
`• Claims 11-13 and 15-20 over Liebenow and Hedberg
`
`• PO’s Challenges in Response
`• Claims 3 and 5 are not obvious in view of Liebenow and Armstrong ‘691
`• Claims 11, 13, and 19 are not obvious in view of Liebenow and Hedberg
`• PO does not disagree that the substance of independent claims 1 and 12, and
`several dependent claims, is taught by the prior art
`
`Paper 15, Institution Decision at 14; Paper 18, Response
`
`Petitioner’s DX-7
`
`
`
`
`
`‘692 PATENT – CLAIM 3
`
`• The claim limitation “based on the selected application” should be
`given its plain and ordinary meaning
`
`Ex. 1001 at Claim 3
`
`Petitioner’s DX-8
`
`
`
`
`
`LIEBENOW – PARA. [0048]
`LIEBENOW — PARA. [0048]
`
`Ex. 1003 at [0048]
`EX. 1003 CIT [OO48]
`
`Petitioner’s DX-9
`
`
`
`
`
`LIEBENOW – PARA. [0069]
`LIEBENOW — PARA. [0069]
`
`In an exemplary c:n1bodime.nt of the invention. key
`[0069]
`function and plarsurms-nl may be adapted In I'll lhu rcquirnr
`mtmls of lht: application being exuculed by [ha digital
`iufurmaliun appl.iuI1<.'c or the uccdzs of (has, usur. Fur instance,
`an user may prefer that the keys L‘-mulfllc-d by a much scnsitivc
`puncl, such as lhc lunch sunsilivc panels 140 S»: 240 shuwn
`in l*'I(}.‘4. 3 mu! 9,
`In: arrarlgcd in u
`l)vural-2 kcyhnzml
`cuulllgnruliuu it1.-.Ic:ul ml" the mum L-mwcnlimml QWIERTY
`kcylwuzarul -:m11i_g1Ira1iuu. Allcrumuly,
`tlu: user may n:n.':~uI:: a
`pur.-.mm|%izul 1-my cnuliguruliuu ur simply .:~urrm1gc Iln: kcys in
`alplmlacticnl nrclcr. [.4ikewis.c, an upplicat inn executed by the
`digital infnrmminn appliance 700 may utilize a cllaracteristic
`kc.-v cnnfi mratinn.
`
`Ex. 1003 at [0069]
`EX- 1003 C” [0059]
`
`Pe’ri’rioner’s DX—1O
`Petitioner’s DX-10
`
`
`
`
`
`LIEBENOW – FIGS. 15 & 16
`
`Ex. 1003 at Fig. 15, 16
`
`Petitioner’s DX-11
`
`
`
`
`
`PATENT OWNER’S INTERPRETATION
`
` •
`
` “One skilled in the art would understand that ‘in software’ in the context of the
`rest of the ‘692 specification means that the delineations themselves are
`defined, i.e., drawn, at the application level.”
`
`Ex. 1001 at 9:24-40; Paper 18, Response at 19
`
`Petitioner’s DX-12
`
`
`
`
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`PATENT OWNER’S EXPERT
`PATENT OWNER'S EXPERT
`
`Q.
`
`Is there any reason the application could not
`
`select some type of a keyboard that already existed in the
`
`operating system?
`
`A.
`
`It can. That is one of the things that it can
`
`do.
`
`It's not
`
`the only thing.
`
`I
`
`think this claim language
`
`doesn't limit it to that, but that is within the space of
`
`what it can do.
`
`Q. You mentioned the concept of uniqueness, and
`
`there's a lot to unpack in your answer there, but let's
`
`start with uniqueness.
`
`Is it your opinion that claim 3
`
`requires a unique keyboard? Or unique delineations?
`
`A.
`
`My reading of claim 3 is it's broad enough to
`
`cover both unique and non—unique delineations just reading
`
`claim 3.
`
`Ex. 1040, MacLean Tr. At 50:1-7, 142:2-8
`EX. 1040, Iv\ocLeon Tl’. AT 50i]-7, 14222-8
`
`pefifioneps DX43
`Petitioner’s DX-13
`
`
`
`
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`PATENT OWNER’S EXPERT
`PATENT OWNER'S EXPERT
`
`Q. would you agree that claim 3 does not require a
`
`custom layout on a key—by—key basis?
`
`A. As
`
`I understand require —— like I said,
`
`I think
`
`it's broad enough to cover both, so I —— my understanding
`
`of require would be that no, it does not require that, but
`
`it covers the case of unique. And certainly the example
`
`of unique seems to be covered in the specification
`
`illustrated in the specification.
`
`Q. Understood.
`
`Is it your opinion that claim 3 does
`
`not require unconventional keyboards or unconventional
`
`delineated active areas?
`
`A.
`
`I believe it does not require unconventional.
`
`Ex. 1040, MacLean Tr. At 142:9-20
`Ex. 1040, Iv\ocLeon Tr. AT 14229-20
`
`pefifioneras DX4 4
`Petitioner’s DX-14
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`
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`PATENT OWNER’S VIEW ON LIEBENOW
`
`• “At most, Liebenow teaches different emulated keyboards provided
`by the system and selected by an application.”
`
`• Nothing more is required, even according to PO’s own expert Dr.
`MacLean.
`
`Paper 18, Response at 20
`
`Petitioner’s DX-15
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`
`
`
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`‘692 PATENT – CLAIM 11
`
`Ex. 1001 at Claim 11
`
`Petitioner’s DX-16
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`
`
`
`
`HEDBERG
`
` •
`
` Dr. Welch explains that “[a] person of ordinary skill in the art would have
`appreciated the inertial sensors taught by Hedberg could enable the
`information appliance of Liebenow to detect whether or not it was being held
`in a portrait or landscape position.”
`• Even Dr. MacLean agrees rotational movement that provides landscape and
`portrait views would be useful in a data entry context.
`
`Ex. 1005 at Abstract, 3:6-11; Ex. 1041 at ¶ 16; Ex. 1040 at 98:5-10
`
`Petitioner’s DX-17
`
`
`
`
`
`‘692 PATENT – FIELD OF ENDEAVOR
`
` •
`
` The field of endeavor of the ‘692 Patent should be defined to include at least
`“hand-held electronic devices with one or more input elements.”
`
`Ex. 1001 at Col. 1:15-21; Paper 24, Reply at 6-7
`
`Petitioner’s DX-18
`
`
`
`
`
`HEDBERG – FIELD OF ENDEAVOR
`
`Ex. 1005 at p. 1
`
`Petitioner’s DX-19
`
`
`
`
`
`INTER PARTES REVIEW
`U.S. PATENT NO. 7,463,245
`
`O R A L A R G U M E N T, J A N . 1 9 , 2 0 1 6
`
`
`
`Sony Computer Entertainment America LLC v. Aplix IP Holdings Corporation
`Case IPR2015-00230; U.S. Patent No. 7,463,245
`
`Petitioner’s DX-20
`
`
`
`
`
`‘245 PATENT – EXEMPLARY CLAIM
`‘Z45 PATENT - EXEMPLARY CLAIM
`
`1. A hand-held device comprising:
`a processor configured to process a selected application
`having two or more functions;
`a first surface including at least a first input element
`mapped to at least a first function of the selected appli-
`cation; and
`
`a second surface including at least a second input element
`having a sensor pad comprising a selectively config-
`urable sensing surface that provides more than one
`delineated active area based on the selected application,
`wherein at least a first delineated active area is mapped
`to a second function of the selected application and a
`second delineated active area is mapped to a third func-
`tion of the selected application, further wherein the sec-
`ond surface is substantially in opposition to the first
`surface.
`
`Ex. 1001 at Claim 1
`EX- lool Cll Claim l
`
`Pe’ri’rioner’s DX—2l
`Petitioner’s DX-21
`
`
`
`
`
`INSTITUTED GROUNDS
`
`• Claims 1-5, 7, 10-15, 17, and 20 over Liebenow and Andrews
`• Claims 8, 9, and 17-19 over Liebenow and Hedberg
`• Claim 6 over Liebenow and Martin ‘260
`• Claim 16 over Griffin and Liebenow
`
`Paper 16, Institution Decision at 17
`
`Petitioner’s DX-22
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`
`
`
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`LIEBENOW APPLIED TO CLAIM 1
`
`Ex. 1001 at Claim 1; Ex. 1003 at Fig. 15
`
`Petitioner’s DX-23
`
`
`
`
`
`LIEBENOW APPLIED TO CLAIM 1
`LIEBENOW APPLIED TO CLAIM 1
`
`a first surface including at least a first input element
`mapped to at least a first function of the selected appli-
`cation; and
`
`I0033] As shown in FIGS. 1, 3 and 4,
`
`—of the housing 102 so as to be actuated, e.g.,
`depressed and released, by the thumbs. of the user’s left and
`right hands 122 & 124.111 an exemplary embodiment,-
`
`provt e a uncttnn W en
`another key of the keyboard.
`
`epresse
`
`Such keys
`1n CODJUDCIIOD with
`
`Ex. 1001 at Claim 1; Ex. 1003 at [0033]
`EX. 1001 CIT Clctim l} EX. I003 CIT [0033]
`
`pefifionerts DX_24
`Petitioner’s DX-24
`
`
`
`
`
`PATENT OWNER’S INTERPRETATION
`
` •
`
` “One skilled in the art would not have considered these generic operator keys
`(Space Bar, Ctrl, Alt, Shift) to be ‘of’ a selected application; instead, ‘[t]he
`function of such keys are defined at the device or operating system level, not
`at the application level.’ (Ex. 2003, MacLean ¶ 59-61.) ”
`
`• “Liebenow has nothing like this, and simply has no disclosure of application-
`level customized mapping of its first-surface input elements. (Ex. 2003,
`MacLean ¶ 72-84.)”
`
`Paper 19, Response at 29, 30-31
`
`Petitioner’s DX-25
`
`
`
`
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`LIEBENOW APPLIED TO CLAIM 1
`
`Ex. 1001 at Claim 1; Ex. 1003 at Fig. 15
`
`Petitioner’s DX-26
`
`
`
`
`
`LIEBENOW APPLIED TO CLAIM 1
`LIEBENOW APPLIED TO CLAIM 1
`
`a second surface including at least a second input element
`having a sensor pad comprising a selectively config-
`urable sensing surface that provides more than one
`delineated active area based on the selected application,
`
`ternaIely,1h1
`[0048]
`pa
`of
`laaah
`panel may
`la111l1ia llaapaafia
`phsh
`actuation of
`
`Ex. 1001 at Claim 1; Ex. 1003 at [0048]
`Ex. 1001 c1’rC|c1im 1; Ex. 1003 at [0048]
`
`Peamonerss DX_27
`Petitioner’s DX-27
`
`
`
`
`
`PATENT OWNER’S INTERPRETATION
`
` •
`
` “One skilled in the art would understand that ‘in software’ in the context of the
`rest of the ’245 specification means that the delineations themselves are
`defined, i.e., drawn, at the application level.”
`
`Ex. 1001 at 9:20-36; Paper 19, Response at 35
`
`Petitioner’s DX-28
`
`
`
`
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`LIEBENOW APPLIED TO CLAIM 1
`
`Ex. 1001 at Claim 1; Ex. 1003 at Fig. 15
`
`Petitioner’s DX-29
`
`
`
`
`
`‘245 PATENT – CLAIM 2
`
`• Dependent Claims 3-5 add specific game functions such as weapon
`fire, directional, speed, size, and positional controls.
`
`
`
`Ex. 1001 at Claims 2-5
`
`Petitioner’s DX-30
`
`
`
`
`
`ANDREWS
`ANDREWS
`
`Ex. 1004 at 6:10-14, 9:11-15
`EX. 1004 C11 6210-14, 9211-15
`
`Pe’ri’rioner’s DX—31
`Petitioner’s DX-31
`
`
`
`
`
`ANDREWS
`ANDREWS
`
`Figure 4 depicts the detail of sample A-S correlation 231. Actions 40!
`
`represent actions that driving game application program 236 can perform at the
`
`user's request. Semantics 402 are semantic-s chosen from driving simulation gcnrc
`
`2| 1.
`
`In the example depicted by Fig. 4, the action performed by the driving game
`
`describeda
`
`Ex. 1004 at12:22-13:9
`EX. 1004 OH222-1329
`
`pefifioneps DX_32
`Petitioner’s DX-32
`
`
`
`
`
`PATENT OWNER’S POSITION
`
`PO makes the following assumptions regarding Liebenow:
`1. “Liebenow’s device would have been seen by one skilled in the art as being
`in the same category as other tablet computers of that time period”
`
`
`2. “[T]ablets of the late 1990s and early 2000s were ‘specialized machines,
`focusing in vertical markets such as healthcare, construction, field service
`and retail.’ (Ex. 2005, Lim ¶ 95.)”
`
`
`Based on these assumptions, PO draws the conclusion:
`• “Thus, one skilled in the art looking at Liebenow’s device would have
`understood that adding games to Liebenow would have detracted from its
`purpose and would not have been a desirable addition from the perspective
`of the market to which tablets like Liebenow’s were targeted in the early
`2000s.”
`
`Paper 19, Response at 25
`
`Petitioner’s DX-33
`
`
`
`
`
`LIEBENOW – PARA. [0002]
`LIEBENOW — PARA. [0002]
`
`[0002] Digital information appliances such as electronic
`books, personal digital assistants (PDAs) and portable infor-
`mation handling systems are Well know in the art for storage,
`
`maniiulation and communication of information.-
`
` t is desirable
`that appliance’s housing have a compact, hand-held form-
`factor. As a result, such compact digital information appli-
`ances rarely include a keyboard or keypad, but instead rely
`on displays having touch sensitive panel overlays employing
`touch or pen input for entry and manipulation of informa-
`tion.
`
`Ex. 1003 at [0002]
`EX- lOO3 C” [0002]
`
`Pe’ri’rioner’s DX—34
`Petitioner’s DX-34
`
`
`
`
`
`LIEBENOW – PARA. [0003]
`LIEBENOW — PARA. [0003]
`
`[0003] With the growing popularity of the Internet and
`similar network information services,
`
`Unlike present stationary personal
`computers, compact digital information appliances do not
`constrain the user to a single location while accessing
`information Via a network information service, but instead
`enable the user to freely roam throughout his or her-
`-However, because compact digital information appli-
`ances lack a keyboard, entry of information such as com-
`mands, electronic mail (e-mail) messages, and the like is
`inefficient, reducing the advantage gained from increased
`portability.
`
`Ex. 1003 at [0003]
`EX- lOO3 C” [0003]
`
`Pe’ri’rioner’s DX—35
`Petitioner’s DX-35
`
`
`
`
`
`PATENT OWNER’S EXPERTS
`PATENT OWNER'S EXPERTS
`
`Rnd games have been available for every device that was
`
`ever made,
`
`I think.
`
`Q. Sure.
`
`So you would agree there were attempts
`
`by Fujitsu and other tablet designers by 2002 to
`
`design and develop tablets that were directed to the
`
`consumer market?
`
`A.
`
`I couldn't speak specifically for Fujitsu in
`
`2000.
`
`Ex. 1040, MacLean Tr. At 24:17-18; Ex. 1041, Lim Tr. At 25:14-17
`Ex. 1040, Iv\c1cLec1n Tr. A1 24:17-18; Ex. 1041, Lim Tr. A1 25:14-17
`
`Pe1-H-ionefis DX_36
`Petitioner’s DX-36
`
`
`
`
`
`‘245 PATENT – CLAIMS 8 AND 9
`‘Z45 PATENT - CLAIMS 8 AND 9
`
`8. The hand-held device of claim 1, further comprising an
`accelerometer.
`
`9. The hand-held electronic device of claim 1, further com-
`prising a gyroscope.
`
`Ex. 1001 at Claims 8-9
`EX. lOOl CIT Claims 8-9
`
`pefifioneris DX_37
`Petitioner’s DX-37
`
`
`
`
`
`PATENT OWNER’S EXPERT
`PATENT OWNER'S EXPERT
`
`Q. There we are.
`
`In your opinion would you agree
`
`that Hedberg discloses an accelerometerfl
`
`A. Yes.
`
`Q. And in your view would the gyroscope listed in
`
`the abstract of Hedberg satisfy that limitation?
`
`A. Yes.
`
`If a device has a gyroscope in it, it would
`
`satisfy claim 9 insofar as a gyroscope requirement of it.
`
`Ex. 1040, MacLean Tr. At 91:17-18, 112:13-16
`Ex. 1040, Iv\ocLeon Tr. AT 91:17-18, 1 12:13-16
`
`pefifionerss DX_38
`Petitioner’s DX-38
`
`
`
`
`
`‘245 PATENT – CLAIM 6
`‘Z45 PATENT - CLAIM 6
`
`6. The hand-held device of claim 1, wherein the second
`surface further includes a directional pad.
`
`Ex. 1001 at Claim 6
`EX- 100] C” Claim 6
`
`Pe’ri’rioner’s DX—39
`Petitioner’s DX-39
`
`
`
`
`
`MARTIN ‘260
`
`Ex. 1006 at Fig. 11; 18:43-50
`
`Petitioner’s DX-40
`
`
`
`
`
`LIEBENOW
`LIEBENOW
`
`i , _ [0] As shown in FIG. 11,
`
`of the digital
`information app1ianee’s housing 302 so that
`it may be
`operably controlled by a fingertip of the user’s hand. How-
`ever,
`the cursor Control device 326 may alternately be
`disposed on the front surface 304 of the housing 302 so as
`to be operably controlled by the user’s thumb 310.
`
`Ex. 1003 at Fig. 11, [0049]
`EX- 1003 C” Fig 1 1/ [0049]
`
`Pe’ri’rioner’s DX—41
`Petitioner’s DX-41
`
`
`
`
`
`‘245 PATENT – CLAIM 16
`‘Z45 PATENT — CLAIM 16
`
`16. The hand-held device of claim 12, wherein the input
`element comprises a rotary sensor or a directional pad.
`
`Ex. 1001 at Claim 16
`EX. TOO] CIT C|C1iI’T1 16
`
`pefifioneris DX_42
`Petitioner’s DX-42
`
`
`
`
`
`GRIFFIN
`
`Ex. 1007 at Fig. 2
`
`Petitioner’s DX-43
`
`
`
`
`
`PO’S VIEW ON GRIFFIN AND LIEBENOW
`
`PO argues that a PHOSITA would not have incorporated the touch
`panels of Liebenow on the back surface of Griffin because:
`
`1. “Griffin’s focus on thumb input teaches away from adding input
`functions to the back.”
`
`2. “Liebenow’s teachings regarding how to make back-surface
`keyboards work well could not be effectively implemented on
`Griffin.”
`
`3. “Liebenow’s implementation of keys such as Shift and Alt teaches
`away from the proposed combination.”
`
`Paper 19, Response at 51-54
`
`Petitioner’s DX-44
`
`
`
`
`
`GRIFFIN INCLUDED FUNCTION KEYS
`GRIFFIN INCLUDED FUNCTION KEYS
`ON THE BACK SURFACE
`ON THE BACK SURFACE
`
`Ex. 1007 at [0056]
`EX- 1007 C” [0055]
`
`Pe’ri’rioner’s DX—45
`Petitioner’s DX-45
`
`
`
`
`
`LIEBENOW SHOWS BENEFIT OF TOUCH
`PANELS
`
`“The motivation for the combination comes directly from Liebenow,
`which describes both an embodiment with hard keys on the back and
`another embodiment where the hard keys are replaced by touch
`panels to emulate keys.”
`
`Paper 26, Reply at 21; Ex. 1003 at Figs. 2, 5
`
`Petitioner’s DX-46
`
`
`
`
`
`GRIFFIN’S FUNCTION KEYS
`IMPLEMENTED WITH LIEBENOW’S
`TOUCH PANEL
`
`As opined by Dr. Welch, this modification would have the “benefit of
`enabling other special function keys in addition to ‘Shift’ and ‘Alt’
`thereby predictably increasing the functionality of the Griffin’s device
`without substantially increasing its size.”
`
`Ex. 1003 at [0036], [0048]; Ex. 1010, Welch Decl. At ¶ 50
`
`Petitioner’s DX-47
`
`
`
`
`
`INTER PARTES REVIEW
`U.S. PATENT NO. 7,218,313
`
`O R A L A R G U M E N T, J A N . 1 9 , 2 0 1 6
`
`
`
`Sony Computer Entertainment America LLC v. Aplix IP Holdings Corporation
`Cases IPR2015-00396, IPR2015-00476, IPR2015-00533
`
`Petitioner’s DX-48
`
`
`
`
`
`‘313 PATENT - OVERVIEW
`
`• ‘313 Patent
`• Same specification as ‘692 and ‘245 Patents
`• Parent to ‘245 Patent; Grandparent to ‘692 Patent
`
`•
`
`•
`
`Instituted Grounds – Three Proceedings, Five Independent Claims
`•
`Independent Claims 1 (00396) and 15 (00533) – Obvious over Pallakoff and Ishihara
`•
`Independent Claims 21 and 52 (both 00476) – Obvious over Pallakoff and Liebenow
`•
`Independent Claim 37 (00533) – Obvious over Liebenow and Ishihara
`
`Instituted Grounds – Exemplary Dependent Claims (00396)
`• Claim 4 – Input Controller (Liebenow)
`• Claim 6 – Directional Pad (Martin)
`• Claim 7 – Palpable Detent (Armstrong)
`• Claim 11 – Game Application (Willner)
`• Claims 13 & 14 – Accelerometer and Gyroscope (Hedberg)
`
`Petitioner’s DX-49
`
`
`
`
`
`‘313 PATENT – CLAIM 1
`
`• Pallakoff discloses:
`• “a hand-held device with multiple keys on its face (‘face-keys’) and with one ore
`more buttons on its side (‘side-buttons’). 00396 Ex. 1006 at Abstract.
`
`• “one preferred embodiment of a device (and the device’s software processes and
`storage systems) could interpret simultaneous pressing….” Id. At [0020].
`
`• “Cell phone handsets using the present invention would typically be used to access
`multiple mobile Internet services as well as voice services. Depending on the service
`offered by the service provider, a user might be able to access email, instant
`messaging, Web pages, remotely hosted applications, and other services. Id. At
`[0196].
`
`Petitioner’s DX-50
`
`
`
`
`
`‘313 PATENT – CLAIM 1
`
`• Pallakoff discloses:
`
`• “This interpretation software could also be implemented as part of the device’s
`‘firmware,’ or it could be written to run on a processor that also runs a high level
`operating system such as Pocket PC or Linux.” 00396 Ex. 1006 at [0024].
`
`Petitioner’s DX-51
`
`
`
`
`
`‘313 PATENT – CLAIM 1
`
`• Pallakoff discloses:
`
`• “The most general form of the present invention is a
`hand-held device with multiple keys on its face
`(hereafter called ‘face keys’) and with on or more
`buttons on its side (hereafter called ‘side-buttons’ or
`‘modifier buttons’).” 00396 Ex. 1006 at [0015]; Fig. 3.
`
`Petitioner’s DX-52
`
`
`
`
`
`‘313 PATENT – CLAIM 1
`
`• Pallakoff discloses:
`
`• “A thumb-wheel can be used to scroll through and
`select the options, as seen on on some cell phone
`handsets today; side buttons on either side of the
`phone can be used; buttons can be added to the face
`(or even the back) of the phone to allow users to switch
`between functions; or combinations of these features
`can be used.” 00396 Ex. 1006 at [0196]; Fig. 3.
`
`Petitioner’s DX-53
`
`
`
`
`
`‘313 PATENT – CLAIM 1
`
`•
`
`Ishihara discloses a sensor pad with delineated active areas:
`• Describing “an electronic device where a touch panel switch 37 is positioned on the
`back surface of the display area 33 on the front surface of the electronic device….”
`00396 Ex. 1007, at Abstract; Figs. 1a-b, 6, 9a-b.
`
`Petitioner’s DX-54
`
`
`
`
`
`‘313 PATENT – CLAIM 1
`
`• Pallakoff discloses:
`• “For example, an ‘Alternative Letter’ side-button could act like the ‘Alt’ key or the
`‘Ctrl’ key on most PC keyboards—modifying the behavior of whatever other face-
`keys or side-buttons are pressed at the same time.” 00396 Ex. 1006 at [0197].
`
`Petitioner’s DX-55
`
`
`
`
`
`PO’S PALLAKOFF ARGUMENT
`
`• PO argues “Pallakoff teaches away from implementing modifier
`buttons on the back” because “Pallakoff teaches the modifier
`buttons on the side only.”
`
`• Based on this, PO concludes that Pallakoff “teaches away from
`implementing modifier buttons with Ishihara’s rear touchpad.”
`
`
`
`00396 Paper 15, Response at 21-23
`
`Petitioner’s DX-56
`
`
`
`
`
`PALLAKOFF TEACHES VARYING POSITIONS
`OF MODIFIER BUTTONS
`
`00396 Ex. 1006 at [0196], [0200], [0323]
`
`Petitioner’s DX-57
`
`
`
`
`
`PALLAKOFF TEACHES VARYING POSITIONS
`OF MODIFIER BUTTONS
`
`Even PO’s expert agrees:
`
`00396 Ex. 1037, MacLean ‘313 Tr. at 125:14-20.
`
`Petitioner’s DX-58
`
`
`
`
`
`‘313 PATENT – CLAIM 15
`
`Same as Claim 1, except this claim requires:
`
` •
`
` “wherein the set of functions associated with the selected
`application includes a plurality of text symbol functions and a
`plurality of shifting functions”
`
`• “wherein manipulation of one of the selectable active area causes
`the text symbol function of the one or more input elements of the first
`surface to change”
`
`Petitioner’s DX-59
`
`
`
`
`
`‘313 PATENT – CLAIM 15
`
`• Pallakoff discloses face keys associated with characters and side-
`buttons associated with shifting functions.
`
`00533 Ex. 1004 at Abstract
`
`Petitioner’s DX-60
`
`
`
`
`
`‘313 PATENT – CLAIMS 21 AND 52
`
`Same as Claim 1, except:
`
` •
`
` Does not require “senor pad configured to selectively represent
`delineated active areas, wherein manipulation of a delineated
`active area causes the input function of one or more input elements
`of the first input assembly to change.”
`
`• Requires “wherein at least one of the input elements of the first input
`assembly is further configured to map to more than one input
`function associated with a selected one of the plurality of
`applications”
`
`
`
`Petitioner’s DX-61
`
`
`
`
`
`‘313 PATENT – CLAIMS 21 AND 52
`
`• Pallakoff discloses: “[p]ressing a face-key without holding in any of
`the side-keys produces a given character (or function).” 00476 Ex.
`1004 at Abstract.
`
` •
`
` Pallakoff also discloses:
`
`00476 Ex. 1004 at Abstract; [0015]
`
`Petitioner’s DX-62
`
`
`
`
`
`‘313 PATENT – CLAIM 37
`
`Same as Claim 1, except:
`
` •
`
` Does not require:
`•
` “wherein manipulation of a delineated active area causes the input function of one
`or more input elements of the first input assembly to change”
`
`• Requires:
`• “wherein at least one of the input elements of the second input assembly is a
`selectively configurable sensing surface so as to provide a plurality of delineated
`active areas”
`• “further wherein one or more of the delineated active areas is mapped to one or
`more functions associated with the selected application”
`• “further wherein the memory is further configured to store for each application a
`mapping of the selectively configurable sensing surface to the plurality of delineated
`active areas.”
`
`
`
`Petitioner’s DX-63
`
`
`
`
`
`LIEBENOW – PARA. [0048]
`
`00533 Ex. 1003 at [0048]
`
`Petitioner’s DX-64
`
`
`
`
`
`LIEBENOW – FIGS. 15 & 16
`
`00533 Ex. 1003 at Fig. 15, 16
`
`Petitioner’s DX-65
`
`
`
`
`
`LIEBENOW – PARA. [0007]
`
`00533 Ex. 1003 at [0007]
`
`Petitioner’s DX-66
`
`
`
`
`
`EXEMPLARY DEPENDENT – CLAIM 4
`
`• Liebenow (00396 Ex. 1008) discloses:
`
`Petitioner’s DX-67
`
`
`
`
`
`EXEMPLARY DEPENDENT – CLAIM 6
`
`• Martin ‘487 discloses a D-pad 18. 00396 Ex. 1009 at Fig. 1a.
`
`Petitioner’s DX-68
`
`
`
`
`
`EXEMPLARY DEPENDENT – CLAIM 7
`
`• Armstrong ‘691 discloses:
`• “A hand-held web browser for establishing contact with a computer network, the
`browser including a housing. . . a proportional sensor for creating a varying value
`according to varying depression applied by a finger of a human user to a depressible
`surface of the sensor. . . In one preferred embodiment the proportional sensor(s)
`include resilient dome cap(s) for providing tactile feedback to the finger depressing
`the depressible surface.” 00396 Ex. 1010 at Abstract
`
`Petitioner’s DX-69
`
`
`
`
`
`EXEMPLARY DEPENDENT – CLAIM 11
`
`• Willner discloses a handheld data input device “having upper surface
`controls which generate signals representing alphabetic characters in a
`keyboard mode and directional control signals in a game controller
`mode.” 00396 Ex. 1011at 3:9-13
`
`• Willner’s handheld device also includes side or rear surface controls that
`are mapped to game functions such as weapon fire and game
`character maneuvers “such as jumping, flying, and the like.” Id. at 7:36-47
`
`Petitioner’s DX-70
`
`
`
`
`
`EXEMPLARY DEPENDENT – CLAIMS 13 & 14
`
`Hedberg discloses:
`• “Further, a gyroscope (6) is incorporated in said display device (1) and connected
`to said control circuits, whereby said display device (1) is responsive to movements
`in the space for displaying said screen image (7) in different magnifications, and/or
`in different parts (8).” 00396 Ex. 1012 at Abstract
`
`• “These objects are accomplished by a display device having movement sensitive
`means such as a micro gyroscope, strain gauge, piezo-electric, or equilibrium of
`force accelerometer etc incorporated in said display device, thereby being
`responsive to movements in the space for displaying the complete screen image in
`different magnifications, or in different parts. ” Id. at 3:26-32.
`
`Petitioner’s DX-71
`
`
`
`
`
`WILLNER IS ANALOGOUS ART
`
`‘313 Patent:
`
`
`
`
`
`
`
` Willner:
`
`00396 Ex. 1001 at Refs Cited; Col. 1:5-11; 5:60-67; Ex. 1011 at 1:6-19
`
`Petitioner’s DX-72
`
`
`
`
`
`U.S. Patent No. 7,218,313
`IPR2015-00533
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.6
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 13, 2016
`the foregoing Petitioner’s Demonstrative Exhibits was served via electronic filing with
`the Board on the following counsel of record for Patent Owner:
`
`Michael Mauriel, USPTO Reg. No. 44,226
`Sherman W. Kahn (pro hac vice)
`MAURIEL KAPOUYTIAN WOODS LLP
`15 West 26th Street, Floor 7
`New York, NY 10010
`Telephone: (212) 529-5131 Ex. 101
`Facsimile:
`(212) 529-5132
`E-mail:
`mmauriel@mkwllp.com
`
`
`skahn@mkwllp.com
`
`Robert J. Gilbertson (pro hac vice)
`Sybil L. Dunlop (pro hac vice)
`X. Kevin Zhao (pro hac vice)
`GREENE ESPEL PLLP
`222 South Ninth Street, Ste. 2200
`Minneapolis, MN 55402
`Telephone: (612) 373-0830
`Facsimile:
`(612) 373-0929
`E-mail:
`bgilbertson@greeneespel.com
`
`
`sdunlop@greeneespel.com
`
`
`kzhao@greeneespel.com
`
`Dated: January 13, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ATTORNEYS FOR PETITIONER
`
`
`
`
`
`Respectfully submitted,
`
`ERISE IP, P.A.
`
`
`
`
`
`
`
`BY: /s/ Abran J. Kean
`
`
`
`Eric A. Buresh, Reg. No. 50,394
`
`Abran J. Kean, Reg. No. 58,540
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