Microsoft Corporation, Petitioner
`v.
`Bradium Technologies LLC, Patent
`Owner
`
`IPR2015-01432
`U.S. Patent No. 7,139,794
`
`
`
`September 19, 2016
`
`
`
`1
`
`Bradium Technologies LLC Exhibit 2012
`
`
`v.
`Bradium Technologies LLC, Patent
`Owner
`
`IPR2015-01432
`U.S. Patent No. 7,139,794
`
`
`
`September 19, 2016
`
`
`
`1
`
`Bradium Technologies LLC Exhibit 2012
`
`
`
`Grounds for Institution
`
`IPR2015-01432 Institution Decision, Paper 15, p. 31.
`
`
`2
`
`
`
`There is No Dispute That . . .
`
`1) Rutledge and Ligtenberg display a “flat” top-down view.
`
`2) Rutledge displays map tiles at a single, common resolution
`at any one time.
`
`3) The Ligtenberg file format deconstructs an image into
`image tiles in a hierarchical structure.
`
`4) The Ligtenberg file format allows for reconstruction and
`display at a single resolution at any one time.
`
`5) Rutledge/Ligtenberg do not prioritize tiles or data.
`
`(1) Paper 32, pp. 5, 10, 15; Ex. 2001, ¶¶ 66–67, 91, 94, 98, 117; (2) Paper 32, pp. 10, 15–17; Ex. 2001, ¶ 66; (3) Paper 32, pp. 15, 37;
`Paper 15, p. 15; Paper 40, ¶¶ 36-39 (pp.12–13), Ex. 2011, 82:4-13, 83:4-19, 91:8-92:6, 95:12-22; Ex. 2001, ¶ 67; (4) Paper 32, pp. 15, 16–17;
`Ex. 2001, ¶¶ 67, 80, 103; (5) Paper 32, pp. 2, 43; Ex. 2001, ¶ 138.
`3
`
`
`
`There is No Dispute That . . .
`
`6) Cooper does not disclose “image parcels” or prioritization
`of “image parcels.”
`
`7) Cooper discloses ranking of objects that are comprised of
`vertices in a 3D environment.
`
`8) Migdal employs calculated “clip maps” for multiple layers,
`each “clip map” being updated on a row-by-row basis as
`the viewpoint shifts.
`
`(6) Paper 32, pp. 2, 42–43; Ex. 2001, ¶¶ 132-133; (7) Paper 32, pp. 42–43; Ex. 2001, ¶¶ 134–135;
`(8) Paper 32, pp. 38–39; Ex. 2001 ¶¶ 114–115.
`4
`
`
`
`wherein said parcel rendering subsystem determines
`said assigned priority based on a determined optimal
`image resolution level;
`
`wherein said display memory is coupled to an image
`display of predetermined resolution and wherein said
`determined optimal image resolution level is based
`on said predetermined resolution;
`
`wherein said assigned priority further reflects the
`proximity of the image parcel referenced by said
`image parcel request to a predetermined focal point;
`
`wherein said discrete image data parcels are of a
`first fixed size as received by said parcel request
`subsystem and of a second fixed size as rendered
`by said parcel rendering subsystem; and
`
`wherein said discrete image data parcels each
`includes a fixed-size array of pixel data.
`
`’794 Patent, cols. 11–12 .
`5
`
`’794 Patent Claim 1
`
`1. A client system for dynamic visualization of
`image data provided through a network
`communications channel, said client system
`comprising:
`
` a
`
` parcel request subsystem, including a parcel
`request queue, operative to request discrete
`image data parcels in a priority order and to store
`received image data parcels in a parcel data
`store, said parcel request subsystem being
`responsive to an image parcel request of
`assigned priority to place said image parcel
`request in said parcel request queue ordered in
`correspondence with said assigned priority;
`
`an parcel rendering subsystem coupled to said
`parcel data store to selectively retrieve and render
`received image data parcels to a display memory,
`said parcel rendering system providing said parcel
`request subsystem with said image parcel request
`of said assigned priority;
`
`
`
`
`
`Claim 1
`
`.fi.E|i-I'-.'-I'I'IZE||'5I2EI1'IflJl' I2h|'I'E1'IiE Hisuaizafidn pf image data prmrirled tl'I11-ugha
`
`netumrlccdrnmurlicalidrls cl1aIrIel_ said client 5-'||'5I2El'I'I cnmprising:
`
`a parcel reque-rt sul1s1,|sten1_ including a patel request queue, cip-eratisletn
`
`request discrete inage data parcelsirl a pricH"rt'yr-I:.irder
`
`Element :I_B
`
`tnstnre recehaed inage data parcels in a parcel dala stare,
`
`Element :I_l::
`
`fid parcel requut subsystem heirg FEF-I'.|l'I."+i'|.|'E tum image patel request
`nfassigned F-I'llIl|"iII'||'II.|- phce said inage parcel requut i1 fid patel request
`
`queue ordered in cnI'respc.InderI:e1.|Iifl1 said assigned F-I'ilJl"i'II'||‘;
`
`a piI1:e|rerIder'I1g sulsssrstem coupled III]-Sill-III parcel data store tusnele-cli1.re|'If
`
`recrieuve imd render receisre-d irrlqje rhla parcelstn adisplayr merrhdry,
`
`fid piI1:e|rerIderi1g 5'f5IIEI'I'|
`
`|:HcI-sridilg i parcel rerpest 5l.IIZl!'n-'||'5l2EI'l'l 'lI|ifl'I
`
`fid image parcel requfit of said assigned |2lr'iEI'i.'|f;
`
`-H-l1er-ein said parcel renderingsubsyrstem cleterrrlilfi said assined p-riprit-gr
`
`based nrl adetenrliried upcirrlal image rudlutinrl level;
`
`-H-l1er-ein said display I'I'lE|'I'IEI'|f is coupled tn an inage display pf
`
`predeterrrlirled r|=_se-lulipn
`
`-H-l1er-ein said rIeteI111irIed pptinal irrlqe rucllutinrl level is based all said
`
`|2lI'I!l.'lHI!-I'I'I'li|'I-I!-Iii |'|=_se-llrlipn;
`
`-H-l1er-ein said assigned |JI'iIZI'i.'||' further refleclsthe prpaimiy pfthe inage
`
`parcel referenced hqrsaid image parcel re|p|=_-ztta a predetermined fucal
`
`pnirlt;
`
`-H-l1er-ein said discrete image data parcels are pfafirstlixed size as re-|:ei1.red
`II|f said parcel requut subsystem
`
`Element LI:
`
`nfasecclnd fiacedsize asrendered lrgrsaid parcel rerrderirg 5-l.IJ5|f5I2El'I'I,
`
`Ex. 2001, Appendix D.
`Ex. 2001, Appendix D.
`
`Elerrlerlt :LL
`
`-H-l1er-ein said discrete image data parcels each imzludesafilced-si:r_e an'a1f nf
`PEI [hu-
`
`6
`
`
`
`’794 Patent Claim 2
`
`2. A method of supporting dynamic visualization of
`image data transferred through a communications
`channel, said method comprising the steps of:
`
`determining, in response to user navigational
`commands, a viewpoint orientation with respect to
`an image displayed within a three-dimensional
`space;
`
`requesting, in a priority order, image parcels
`renderable as corresponding regions of said
`image, each said image parcel having an
`associated resolution, wherein said priority order
`is determined to provide a progressive regional
`resolution enhancement of said image as each
`said image parcel is rendered;
`
`receiving a plurality of image parcels through said
`communications channel;
`
`rendering said plurality of image parcels to
`provide said image;
`
`
`
`wherein said step of receiving includes the step
`of storing said plurality of image parcels in an
`image store and wherein said step of rendering
`provides for the selective rendering of said
`plurality of image parcels having the highest
`associated resolutions to the corresponding
`regions of said image;
`
`wherein said step of rendering limits the
`selective rendering of said image parcels to
`image parcels having associated resolutions
`less than a predetermined level;
`
`wherein said step of rendering selectively
`renders said plurality of image parcels as the
`unique textures for the corresponding regions of
`said image; and
`
`wherein said priority order is re-evaluated in
`response to a change in said viewpoint
`orientation.
`
`’794 Patent, col. 12 and Certificate of Correction.
`
`7
`
`
`
`Claim 2
`
`A rnethu-I:| ufn.J|:I|:II:I|'1ir|gI:|1.It'iamiI:1.risi.Iali2atiI:in ef image data 1ransfe'red
`
`thrutgh a cemmunicatims channel, mid ll1EI2hlI| Iznrnprisingthe steps at
`
`-:iel:en1'I'ning, it n=_-spmse te user natrigatienfl celrlnands, a viewpoint
`
`erientatinn with Iesperttu an inage dimlayred ii.-iIh'ru a three-dimensienal
`
`mate;
`
`requerrng, in a prinrityr nrder, imqe parcels rendemhle as I:nrresp::Iru:ir|g
`
`regions Dfflid irnqe,
`
`1r.rherein said |2lII'ilIit'||' er-der is detenninedtu previde a prngrasi-.re regi-::Inal
`
`remhtinn enhancement effiid "Inge aseach said image parcel is
`renderei:|-
`
`E E E. EE E E‘ E H.EE E
`'lna.ge parcels in an image stere
`
`E‘ E E.
`
`E E EEEE.E E."EEE
`
`plumitlr of image parcels havirigthe highest associated reenhltinnstnflie
`
`cerrapuwdhg reginns effiid 'Ina.ge;
`
`E E E. EEEE 3' I?EE EEE E
`parcels te inage parcels having associated rfinhltinns lees than a
`
`predelzermheizl level;
`
`EE E E5E
`HEE E2. 1'
`E EE
`parcelsasthe unique textures fertile cerrapuwdhg reginns uffiid 'Ina.ge;
`
`Ex. 2001, Appendix D.
`Ex. 2001, Appendix D.
`
`8
`
`
`
`The Board’s Claim Construction: “Image Parcel”
`
`Paper 15, p. 10; see Paper 32, pp. 1–2, 42, 49–51.
`
`
`9
`
`
`
`The Asserted Prior Art Does Not Teach or Suggest:
`
`1. Prioritization of image parcels:
`
`a. A parcel request queue in which image parcel requests
`are placed according to a priority order; (claim 1)
`
`b. Requesting image parcels in a priority order; (claim 2)
`
`2. Determining assigned priority of image parcel requests
`based on an optimum image resolution level; (claim 1)
`
`3. A priority order for image parcels that is determined to
`provide progressive regional resolution enhancement.
`(claim 2)
`
`(1.a) Paper 32,§V.A (pp. 41–42); Ex. 2001,§IX.B (pp. 52–54); (1.b) Paper 32,§VI.A (pp. 49–50); Ex. 2001,§X.B (pp. 58–60);
`(2) Paper 32, pp. 47–48, in particular, p. 48, lines 12–15; (3) Paper 32,§VI.B (pp. 51–52); Ex. 2001, X.C (pp. 60–63).
`
`
`10
`
`
`
`Optimal Image Resolution Level (Claim 1)
`
`Paper 32, pp. 41, 44; Ex. 2001, ¶¶ 132–146 (pp. 52–57).
`
`
`11
`
`
`
`Progressive Regional Resolution Enhancement (Claim 2)
`
`Paper 32, pp. 1–2, 42, 49–54; Ex. 2001, ¶¶ 157–64 (pp. 60–63).
`
`
`12
`
`
`
`Rutledge
`Rufledge
`Exhibit 1005
`
`Exhibit 1005
`
`13
`
`
`
`Rutledge (Ex. 1005)
`
`• Tiles organized into a hierarchy by location and zoom level.
`• Top-down view.
`• The user jumps to an arbitrary location or zoom level via a
`“view” feature.
`
`
`Paper 32, pp. 11, 14, 17; Ex. 2001, ¶¶ 64, 66, 89; Ex. 1005, Figs. 3, 4A.
`
`
`14
`
`
`
`Rutledge (Ex. 1005)
`Rutledge (Ex. 1005)
`
`Ex. 1005, Fig. 3.
`Ex. 1005, Fig. 3.
`
`15
`
`
`
`Ex. 1005, Fig. 4D.
`Ex. 1005, Fig. 40.
`
`16
`
`Rutledge (Ex. 1005)
`Rutledge (Ex. 1005)
`
`l'-J!‘--'|{.1-nl-II- 00 C‘!I: cII5''entn
`
`D‘)3*§
`
`OOOQOOOOOOOOO
`
`E N m H W H W H H H H H W
`
`
`
`Ligtenberg
`Ligtenberg
`Exhibit 1004
`
`Exhibit 1004
`
`17
`
`
`
`Ligtenberg (Ex. 1004)
`
`• A file format that decomposes an image into sub-images at
`different resolution levels.
`• To retrieve the image at a desired resolution level, that image
`must typically be reconstructed.
`• Every layer in the file format has four sub-images: LL (low-
`low), LH (low-high), HL (high-low) and HH (high-high) images.
`
`
`
`Paper 32, p. 15, 37–38; Paper 40, ¶¶ 36–37, 39 (pp. 12–13); Ex. 2011, 91:8–92:6, 95:12–96:17;
`Ex. 1004, Fig. 4, 11:31–58, Cols. 12–13 (Appendix A).
`
`18
`
`
`
`Ligtenberg (Ex. 1004)
`Ligtenberg (Ex. 1004)
`
`SUE-SEIJUEHT PA5$E5:
`EIIIPMIDED IMAGE Il'~l
`
`FIFIST PASS:
`THUMBHAIL IMAGE IH
`
`12'}
`
`IMHGEHECDIIETFIUETIDH:
`
`PHUDLIGE EIEPMIIIIED
`lM.I.GE
`
`'3E'I‘,',f',.';,§EE”,T,,‘,"‘""'
`
`‘FEE
`
`FINAL EIIPMKIDED
`IMAGE CIUT
`
`DCHHJMGATE EHFANDED
`IMAEE FDR FURTHER
`HEBDHEITHUCTIUN
`
`Ex. 1004, Fig. 4.
`Ex. 1004, Fig. 4.
`
`19
`
`
`
`Ligtenberg (Ex. 1004)
`
`Testimony of Dr. Michalson:
`
`Q. (By Mr. Coulson) Let me break it down. So
`Column 13, approximately, line 13, which you just
`referred to in Exhibit 1004, states, "Every layer in
`the file format has four subimages, LL (low-low),
`LH (low-high), HH (high-low) and HH (high-high)
`images. Typically, the LL image is not present
`because it can be reconstructed from the previous
`layer. In some cases, however, there may be a
`benefit to having this image available directly, and
`so, it might be present in the file. For the final stage
`thumbnail image, this subimage is always present";
`do I have that right?
`
`A. Yes.
`
`Q. And referring to column 11, immediately to the
`left of the Appendix A, we have, starting at about
`line 31 of column 11, a basic iterative process for
`reconstructing an image to a desired resolution,
`with a series of steps that are also -- also
`diagrammed in Figure 4, right?
`
`(objection)
`
`THE WITNESS: Yes.
`
`Paper 32, p. 15; Paper 40, ¶¶ 36–37 (p.12); Ex. 2011, 91:8–92:6.
`
`
`20
`
`
`
`Cooper
`Cooper
`Exhibit 1006
`
`Exhibit 1006
`
`21
`
`
`
`Cooper (Ex. 1006)
`
`• A method for prioritizing objects in a 3D scene.
`• Objects are comprised of vertices data, also known as a
`mesh.
`• The 3D scene displays thousands of objects.
`• The method of Cooper attempts to present a representation
`of the complex scene with low apparent latency.
`
`Paper 32, pp. 1, 6, 18, 20, 28; Ex. 1006, 2:33–53.
`
`
`22
`
`
`
`
`
`Cooper (Ex. 1006)
`Cooper (Ex. 1006)
`
`Ex. 1006, Figs. 3A, 3B.
`EX. 1006, Figs. 3A, 3B.
`
`
`23
`
`
`
`Cooper (Ex. 1006)
`
`Q. This paragraph's referring to progressive meshes?
`(objection)
`THE WITNESS: Yes.
`Q. (By Mr. Coulson) And the paragraph states that "Preferably, the mesh technique used in this invention is
`that described in copending application No. 09/003863," et cetera, right?
`A. Correct.
`Q. …. Are you familiar with progressive meshes?
`A. I'm familiar with the concept, yes.
`Q. Okay….Progressive meshes are meshes that have a base mesh, typically referred to as Mzero, and then
`include a sequence of mesh modification records, each of which is delivered in a specific sequence, from M1,
`M2, M3, and the fully-detailed mesh is created by starting with Mzero and then adding in, in sequence, M1,
`M2, M3, all the way up to the end of mesh modification records?
`(objection)
`THE WITNESS: That would be a way to do this, and it appears to be the way that's being described in that
`paragraph that starts line 55 of column 11.
`Q. (By Mr. Coulson) Of Exhibit 1006?
`A. Of Exhibit 1006. That's an example.
`Q. And this is in the context of what we -- of the preferred example mentioned in column 11 of 1006. We
`covered that already, starting on line 47?
`A. Well, that's an example of a way of implementing the concept that's described in Line 47. That's not the
`only way a person of ordinary skill in the art would know you could get that effect, but that's a way that he's
`referring to.
`
`Ex. 2011, 37:23–38:23; Paper 40, ¶ 19 (pp. 6–7).
`
`24
`
`
`
`Migdal
`Migdal
`Exhibit 1007
`
`Exhibit 1007
`
`25
`
`
`
`Migdal (Ex. 1007)
`
`• Migdal is a method for providing texture.
`• The texture is comprised of multiple layers.
`• For each layer, a “clip map” is calculated.
`• “Clip maps” are custom-generated cut-outs of texel data.
`• Each “clip map” of each layer is updated on a row-by-row
`basis as a viewpoint shifts.
`
`Paper 32, pp. 37, 38–39; Ex. 2001 ¶¶ 107–119; Ex. 1007, 10:29–47, 10:57–65, 11:12–17.
`
`26
`
`
`
`Ex. 1007, Fig. 5.
`Ex. 1007, Fig. 5.
`27
`
`
`
`JG
`
`I 7
`
`‘I
`
`Migdal (Ex. 1007)
`Migdal (Ex. 1007)
`
`|_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
`-----_----________--_3f_
`
`
`
`Instituted Ground No. 1
`Rutledge, Ligtenberg,
`Cooper
`
`28
`
`
`
`Cooper Is Incompatible with Rutledge or Ligtenberg.
`
`• It is not possible to apply the 3D object assessment function
`of Cooper to Rutledge or Ligtenberg.
`• Bounding box primitives are not present in Rutledge or
`Ligtenberg.
`• Frame continuity does not apply in the context of
`Rutledge/Ligtenberg.
`
`
`Paper 32, pp. 2, 7, 13–15, 17–18, 31–32, 36; Ex. 2001, ¶¶ 81, 86, 90; Paper 40, ¶¶ 18 (p. 6); Paper 45, pp. 9–11.
`
`29
`
`
`
`A POSA Would Not Have Combined Rutledge/Ligtenberg
`with Cooper.
`
`• A POSA would not expect that combining Cooper with
`Rutledge or Ligtenberg would yield a useful result.
`• Petitioner relies on hindsight to combine references.
`• Petitioner’s asserted motivation and reason to combine are
`overly general.
`
`Paper 32, pp. 2–4, 7–9, 13, 14–15, 17–18, 31–32, 36; Ex. 2001, ¶¶ 81, 86, 90; Paper 40, ¶ 18 (p. 6); Paper 45, pp. 9–11.
`
`30
`
`
`
`Cooper (Ex. 1006)
`
`Cooper attempts to cure a visual latency problem
`that does not arise in Rutledge or Ligtenberg.
`
`“[T]he visual latency of important objects in a scene
`affects the overall visual richness of the scene more
`than the visual latency of less important objects. Put
`another way, reducing latency for important objects
`causes the overall visual richness of the scene to
`appear to improve quicker than just elevating their
`level of detail over less important objects.”
`
`Ex. 1006, 2:33–53; Paper 32, p. 6.
`
`
`31
`
`
`
`Instituted Ground No. 2
`Rutledge, Ligtenberg,
`Cooper, Migdal
`
`32
`
`
`
`Cooper Is Incompatible with Migdal.
`
`• Cooper is a bandwidth-limited system.
`• Cooper is directed towards a complex 3D environment in
`which many polygonal objects are displayed simultaneously.
`• Migdal imposes an extremely high computational and
`bandwidth load, as one or more rows of texel data must be
`retrieved from the server for each and every layer, every
`time that the user viewpoint moves.
`
`Paper 32, p. 40; Ex. 2001, ¶ 122.
`
`33
`
`
`
`A POSA Would Not Add Migdal to the Asserted Combination.
`
`• Migdal’s row-by-row updates destroy the efficiencies of the
`tile-based approach of Rutledge/Ligtenberg.
`• Migdal requires breaking apart the tiles of Ligtenberg, which
`defeats the purpose of Ligtenberg.
`• Migdal requires an excessive amount of I/O activity and high
`computational load.
`• Migdal and Cooper take opposite approaches to bandwidth
`management.
`• Migdal is directed toward efficient memory usage, while
`Cooper would result in inefficient memory usage.
`
`Paper 32, pp. 37–40; Ex. 2001, ¶¶ 122–125, 127.
`
`34
`
`
`
`Migdal (Ex. 1007)
`
`Paper 32, p. 38 (quoting Ex. 1007, 10:57–60).
`
`35
`
`
`
`Microsoft Motion to
`Exclude
`
`36
`
`
`
`Microsoft Motion to Exclude (Papers 43, 45, 46)
`
`• Exhibit 2002: C. Bajaj, Visualization Paradigms, DATA
`VISUALIZATION TECHNIQUES (Page Proofs).
`• Exhibit 2003: C. Bajaj, Topology Preserving Data
`Simplification with Error Bounds (Preprint).
`• Exhibit 2004: Expert Report of Dr. William R. Michalson.
`• Exhibit 2005: GEOGRAPHICAL INFORMATION SYSTEMS, PRINCIPLES
`AND APPLICATIONS.
`• Exhibit 2010: U.S. Patent No. 6,169,549 to Burr.
`
`
`
`
`37
`
`
`
`Microsoft Motion to Exclude (Papers 43, 45, 46)
`
`Exhibit 1015 (Dr. Michalson Reply Declaration), Paragraph 3:
`
`
` Ex. 1015, ¶ 3 (pp. 1–2).
`
`
`38
`
`
`
`Microsoft Motion to Exclude (Papers 43, 45, 46)
`
`Dr. Michalson’s reply (Ex. 1015) repeatedly relies on his opening
`declaration (Ex. 1008). E.g., Exhibit 1015, ¶¶ 6, 10, 11, 14, 19, 24,
`26, 30, 46, 86, 112, 123, 126, 140, 174, 181.
`
`Exhibit 1015, ¶ 10:
`
`Exhibit 1015, ¶ 86:
`
`
` Paper 45, p. 4.
`
`
`39
`
`
`
`Microsoft Motion to Exclude (Papers 43, 45, 46)
`
`Dr. Michalson put the scope of knowledge of a person of ordinary
`skill in the art at issue in reply. The declaration repeatedly relies on
`claimed knowledge of a POSA and/or common knowledge.
`
`Exhibit 1015, ¶¶ 49 (21:6–8), 68 (30:4–6), 82 (35:20), 103 (44:8–
`9), 114 (50:3), 123 (55:20), 135 (65:20–66:4), 161 (78:14–15), 174
`(83:17–18) (“based on common sense and the common
`knowledge in the art”); see id., ¶¶ 72 (unsupported assertion
`that, “[a]s was common in GIS systems…”), 116 (51:7)
`(unsupported reference to “a commonly known solution to this
`problem”), 116 (51:15) (unsupported reference to “a commonly
`identified solution”).
`
`The exhibits, and testimony regarding the exhibits, impeach the
`credibility of Dr. Michalson who relies on claimed knowledge of a
`POSA and “common” knowledge.
`
`
` Paper 45, p. 2.
`
`
`40
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