UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.,
`Petitioner
`v.
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner
`______________
`
`Case IPR2015-01899
`Patent 8,713,476
`______________
`
`Before the Honorable JAMESON LEE, DAVID C. McKONE, and KEVIN W.
`CHERRY, Administrative Patent Judges.
`
`
`REBUTTAL DECLARATION OF DR. BRAD A. MYERS IN SUPPORT OF
`PETITIONER APPLE INC’S REPLY TO
`PATENT OWNER CORE WIRELESS’S RESPONSE
`
`
`
`
`
`Apple Exhibit 1038
`Apple v. Core Wireless
`IPR2015-01899
`Page 00001
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`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.,
`Petitioner
`v.
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner
`______________
`
`Case IPR2015-01899
`Patent 8,713,476
`______________
`
`Before the Honorable JAMESON LEE, DAVID C. McKONE, and KEVIN W.
`CHERRY, Administrative Patent Judges.
`
`
`REBUTTAL DECLARATION OF DR. BRAD A. MYERS IN SUPPORT OF
`PETITIONER APPLE INC’S REPLY TO
`PATENT OWNER CORE WIRELESS’S RESPONSE
`
`
`
`
`
`Apple Exhibit 1038
`Apple v. Core Wireless
`IPR2015-01899
`Page 00001
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`IPR2015-01899
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`United States Patent No. 8,713,476
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`I, Dr. Brad Myers, have previously been asked by Apple (“Petitioner”) to
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`testify as an expert witness in this action. As part of my work in this action, I have
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`been asked by the Petitioner to respond to certain assertions offered by Core
`
`Wireless (“Patent Owner” or “PO”) concerning U.S. Patent No. 8,713,476 (“the
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`‘476 patent”) in this proceeding, IPR2015-01899. I hereby declare, under penalty
`
`of perjury under the laws of the United States of America, as follows:1
`
`I.
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`INTRODUCTION
`1.
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`I previously executed a Declaration in this proceeding on September
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`11, 2015, as Exhibit 1003. My experience, qualifications, and compensation are
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`provided in this prior Declaration (¶¶ 2-8) and curriculum vitae (Appendix A
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`attached to Exhibit 1003).
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`2.
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`In this Declaration, I respond to certain assertions in Patent Owner
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`Core Wireless’s Response (“Opp.”) (Paper No. 18) and Mr. Scott Denning’s
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`Declaration (Ex.2011) submitted on July 15, 2016.
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`3.
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`In reaching the conclusions described in this declaration, I have relied
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`on the documents and materials cited herein as well as those cited within and
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`identified in Appendix B attached to my prior Declaration (Ex.1003). Each of these
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` Throughout this declaration, all emphasis and annotations are added unless noted.
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`materials is a type of document that experts in my field would reasonably rely
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`upon when forming their opinions.
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`4. My opinions are also based upon my education, training, research,
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`knowledge, and personal and professional experience.
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`5.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. § 1001. If called to testify as to the truth
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`of the matters stated herein, I could and would testify competently.
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`II.
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`OPINIONS
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`A.
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`6.
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`“application” (cls. 1/20)
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`I understand PO construes “application” to mean “an ‘application’
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`exists in a particular software architecture having an operating system that can
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`manage multiple executables (e.g. applications), and an application can be
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`launched to access its associated functions and data.” Opp. 13-14. I disagree.
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`As my opening declaration makes clear, I applied the plain and
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`7.
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`ordinary meaning of “application” under the broadest reasonable interpretation
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`(BRI) consistent with the specification in forming my opinions. Ex.1003 ¶ 32. In
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`my opinion, such interpretation of the term “application” is “a program, or group
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`of programs working together, designed to provide access to functions and data.”
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`The ‘476 specification does not specifically define the term “application” but
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`describes different applications that provide access to certain functions and data.
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`Ex.1001, 1:43-51, 2:34-36, 3:17-33, Fig. 1. This is further supported by technical
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`dictionaries of the type that experts in my field would reasonably rely upon. For
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`example, Ex.1028, 5 (“application A program or group of programs designed for
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`end users”); Ex.1031, 4 (“application program Software that enables a computer
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`to perform a set of related tasks for a specific purpose, such as word processing,
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`working with spreadsheets or graphics, or Web browsing.”), 5 (“program A set of
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`coded instructions that direct a computer in performing a specific task”)). This
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`interpretation is also consistent with the contemporaneous use of the term in the art
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`(e.g., “web applications”). See Ex.1029 1:40-47 (“A web application is little more
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`than a set of web pages that support different functionalities.”).
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`B.
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`“function” includes opening a certain window of an application
`(Cls. 1/20)
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`The patent owner (PO) proposes that “function” cannot include
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`8.
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`merely opening a window of an application. Opp. 18-20. I disagree. As my initial
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`declaration makes clear, I applied the plain and ordinary meaning of “function”
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`under the broadest reasonable interpretation (BRI) consistent with the specification
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`in forming my opinions. Ex.1003 ¶¶ 32, 86-91, 125-128. Such interpretation of
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`“function” includes an “operation or command” and is not limited to an “an action
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`that a user is to perform within the corresponding application.” Opp. 18. This is
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`further supported by technical dictionaries of the type that experts in my field
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`would reasonably rely upon. See e.g., Ex.1028, 6 (“function…used synonymously
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`with operation and command”) (emphasis in original). Indeed, the ‘476
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`specification mentions “commands” in explaining its functions. (e.g., 1:64-2:1).
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`9.
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`In my opinion, it would have been well understood that “function”
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`includes displaying relevant information in a window of an application because the
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`specification discusses that when a function in the App Snapshot (i.e., claimed
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`application summary window) is selected, the device may “display[] the relevant
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`screen offering the relevant functionality.” Ex.1001, 3:58-62. Additionally, in my
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`opinion, even PO’s cited “examples” (Opp. 18), such as “enter a PIN security
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`number” and “Enter chat room,” would involve opening a certain window/view on
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`a screen, such as opening a message or chat window. After reviewing the
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`specification and claims, I did not find anything that requires a second user action
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`after launching the application and initiating the function. Applications at the time
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`frequently included menu items to “View” various windows or dialogues, which a
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`person of ordinary skill in the art (POSITA) would understand to be “functions” of
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`those applications. Further, during prosecution, PO admitted and the examiner
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`confirmed that merely displaying a certain view of the application is a function.
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`Ex.1018, 197, 187; Ex.1036, Fig. 2A, 8:13-15. Thus, in my opinion, the ‘476
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`specification describes “function” to include opening a certain window/view of an
`
`application.
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`C.
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`Schnarel Discloses a “Limited List of Data Offered Within the
`One or More Applications” (Elements 1.D/20.D); “Data Types”
`(Claim 4)
`10. PO asserts that Schnarel does not teach these elements because
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`message viewers are not part of the message center application. Opp. 33-35. I
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`disagree. As explained below, in my opinion, Schnarel discloses a “limited list of
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`data offered within the one or more applications” and “data types” as offered
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`through, e.g., its email icon button displayed on the message summary pane. More
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`specifically, I understand that PO argues that the message viewers are applications,
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`and that the message center application does not include the message viewers. I
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`disagree with both assertions. In my opinion, the viewers, at least in some
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`embodiments, are not applications. And, even if the viewers were applications, it is
`
`my opinion that they would nevertheless be part of the message center application.
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`11. As discussed in my opening declaration, the message icons (Ex.1004
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`(in green), 7:41-54; Ex.1003 ¶¶ 68-72) as well as the “caller logger” and/or “fax”
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`buttons appear on the “message summary pane”—a summary window displaying
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`functionality from its “parent application,” the “message center.” Ex.1004, 8:46-
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`59, 13:42-48; Ex.1003 ¶ 90.
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`
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`Ex.1004, Fig. 2. Further, Schnarel’s Fig. 7, shows examples of the message
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`viewers are “answering machine viewer (732), an e-mail viewer (734), and fax
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`viewer (736).” Ex.1004, 10:55-61, Fig. 7; Ex.1003 ¶¶ 82, 91.
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`Ex.1004 Fig.7. Notably, while enumerating “[t]he application programs”in Fig. 7,
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`Schnarel includes “the message center” but not separate “viewers.” Ex.1004,
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`10:35-39. Schnarel also discloses that the application button bar (104) includes
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`“all applications that are available” to a user and provides a vehicle for launching
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`those applications. Ex.1004, 9:1-6, Figs. 1, 2. Message viewers are absent from
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`this list, but the message center application is present. Further, Schnarel teaches
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`that the message viewers are COM components. Ex.1004, 12:50-13:20. COM
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`components are not freestanding applications. Thus, a POSITA would have
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`understood that the message viewers (at least in the COM embodiment) are not
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`individual applications, but rather are part of the “parent” message center
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`application. See also Ex.1004, 10:55-61, Figure 7; Ex.2012, 103:3-7 (“The fax
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`viewer is part of the message center….”). Indeed, it would make no sense to have
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`a message center application that would not allow users to view any messages.
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`And, the inability to view messages would also make it difficult if not impossible
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`to respond to messages.
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`12. The message center application relies on a message viewer that “plugs
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`into the message center” application and “provides the functionality for displaying
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`and managing messages of a particular type.” Ex.1004, 10:55-59, Fig. 7; Ex.1003 ¶
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`64-68, 90. These viewers are plugged into the parent message center application to
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`provide additional functionality and are not designed to function as free-standing
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`applications. I understand Patent Owner describes the viewers as “plugins.” Opp.
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`34-35. When a plugin is plugged into another application, it becomes part of the
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`parent application. Definitions of plugin support this understanding. Ex.1034, 3
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`(“PLUG-IN an accessory program that provides additional functions for a main
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`application program. Plug-ins have to be loaded at the same time as the main
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`program; they then show up as an option in an appropriate menu”); Ex.1035, 3. In
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`my opinion, and consistent with my claim construction, an application is a program
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`or group of programs (which include helper programs such as the message center
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`plugins that allow extended functionality of the parent application). For example,
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`Microsoft Outlook, with, e.g., mail and calendar programs, and Excel, with
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`spreadsheet and charting programs, are applications with a group of programs.
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`Thus, even if the message viewers are themselves individual programs (or
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`”separate plugin applications,” as PO contends), they provide functions for the
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`message center application, and are part of the message center application.
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`13. My opinions are further confirmed by the fact that the point of
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`Schnarel’s message center application (708) is to “provide[] integrated access to all
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`types of messages . . . such as answering machine messages, e-mails, and faxes”
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`(Ex.1004, 10:45-48; Ex.1003 ¶¶ 68-72, 78-83), and the fact that Schnarel explicitly
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`teaches that the message center application is launched and a viewer is opened
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`when a button related to message viewing is selected (see Ex.1004, 7:56-60 (when
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`Button 308 is pressed “a procedure associated with the icon launches a message
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`center application program, which displays the appropriate message viewer.”);
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`8:46-59 (“[i]n response to selecting an active fax button, the messages application
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`is launched and a fax viewer is displayed . . . pressing an active call logger button
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`causes the messages application to launch, and a call log viewer to be displayed”);
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`see also id. 7:57-60; 1003 ¶¶73-76.
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`14. That said, having Schnarel’s message viewers to be part of the
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`message center application would also be an obvious design choice and
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`advantageous because, when part of the larger message center application, the
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`viewer windows would display much faster than if it was required to launch
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`separate applications for each window. Further, it would be easier for the message
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`viewer plugins to share resources as part of the same application, rather than as
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`separate applications. This would likely reduce the memory footprint, simplify the
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`design of the application program(s), eliminate the need to design an interface, and
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`ensure interoperability. See also Ex.1003 ¶ 142.
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`15. PO asserts that “the only type of data in the ‘476 patent that is both
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`seen within the application and also displayed in the application summary is the
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`preview data . . . namely the ‘date and time [the message] arrived and the first
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`line/subject of the message.’. . . [and Schnarel] do[es] not disclose any information
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`that is also seen in a respective application.” Opp. 35. I disagree. As shown in
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`Fig. 2, Schnarel’s message summary pane displays, e.g., “[n]ew messages icon list
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`(312)” (Ex.1004, 6:60) (i.e., the “list of data”) to indicate “when a new message
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`exists” and “[i]f no new user-specific messages exist for a particular user, then the
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`text ‘No new messages’ is displayed” (Ex.1004, 7:40-50). As the message
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`summary pane is a summary window for the message center application (Ex.1004,
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`13:42-48), the “new messages icon list (312)” is a list of data offered within and
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`associated with the message center application, where the data is whether there are
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`new messages of the various types (0 or more than 0 messages). Indeed, one of the
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`purposes of the message center is to allow users to “discover whether or not they
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`have new messages” and to “access these new messages.” Ex.1004, 6:33-35. In
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`the ‘476, a POSITA would understand that selecting “1 Chat ongoing” (Ex. 1001,
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`Fig. 3) would take you to the ongoing chat itself, selecting “0 new messages” (Id.
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`Fig. 2) would take the user to their inbox (which would not show any new
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`messages, and would not say “0 new messages”), and selecting “3 unread emails”
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`(Id. Fig. 3) would take the user to their inbox, which would list the emails and
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`highlight the new ones in some way, but not necessarily include the text “3 unread
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`emails.”
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`16. Schnarel teaches that the data on the application summary menu (e.g.,
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`whether there are new messages or not: “
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`”) is also seen within the respective
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`application (e.g., Fig. 5,“
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`”). Ex.1004, 7:41-60, Fig. 5; Ex.1003 ¶¶ 68-76. In
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`my opinion, this is the same “selected data [] seen within the respective
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`application” as required by the claims, since in the ‘476 it describes that the data in
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`FIG. 3 such as “‘2 new SMS’ messages” (Ex.1001, 3:48) can be selected and will
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`display “the relevant data in the application details view, or displays the relevant
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`screen offering the relevant functionality” (Ex.1001, 3:61-62), the same as
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`Schnarel. There is no requirement in the ‘476 or even hint that the display in the
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`application details view must be identical to the display in the app snapshot. Thus,
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`in my opinion, PO’s assertion that the icons showing new messages are not data
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`offered within the message center application is plain wrong and should be
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`rejected. Moreover, as discussed above, PO and Mr. Denning are wrong that the
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`“message viewers,” even as “separate applications” are not part of the message
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`center application.
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`17. Alternatively, it would also be obvious to show how many messages a
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`user has on the application summary screen (e.g., showing something like “
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`”)
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`because it would advantageously allow a user to know, for example, if the user has
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`more messages than the last time the user checked, for example, if the user knew
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`the first message was not important, the existence of a second message might
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`inform the user of the need to check the contents of the new messages. See also
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`Ex.1003 ¶¶ 81-83.
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`18.
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`In my opinion, Schnarel also teaches “types of data” under the
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`broadest reasonable interpretation (BRI). E.g., Ex.1003 ¶¶ 78-80. For example, the
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`‘476 specification describes listing data indicating the presence and type (e.g.,
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`email, SMS, or Chat) of new messages in the application summary window. See
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`e.g., Ex.1001, 2:61-62, 3:38-50, Figs. 2, 3. This is similar to Schnarel’s icons that
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`indicate the presence and type (e.g., notepad, answering machine, e-mail, etc.) of
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`new messages displayed in the message summary pane area. Thus, in my opinion,
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`Schnarel’s icons showing new messages are a “limited list of data offered within
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`the one or more applications,” as claimed. See Ex.1004, 7:41-54, Fig. 3; Ex.1003
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`¶¶ 68-72, 78-83. Schnarel further teaches that selecting an icon (e.g., “
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`”) in the
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`list enables the data (i.e., information about the presence of a new message and
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`what type of message, e.g., “
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`”) to be seen in the message center application.
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`Ex.1004, 7:41-60, Fig. 5; Ex.1003¶¶ 68-72.
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`Schnarel Renders Obvious “an Application Summary that Can Be
`Reached Directly From the Menu” (Elements 1.C/20.C)
`19. PO asserts that Petitioner’s proposed modification of Schnarel so that
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`pane 206 can be reached directly from the main menu is “more than a mere
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`rearrangement of parts since the message pane 206 would no longer provide notice
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`of new messages on this start screen.” Opp. 33. I disagree. As detailed in my
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`opening declaration, implementing Schnarel’s summary pane to be reached
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`directly from the main menu would have been obvious. Ex.1003 ¶¶ 62-63. It was
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`known in the art to place the summary window “anywhere [in] the menu hierarchy,
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`i.e. as a sub-menu.” (Ex.1005, 7:25-29), and configuring Schnarel this way would
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`not frustrate Schnarel’s purpose of allowing users to “quickly discover whether or
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`not they have new messages and quickly access[ing] these new messages”
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`(Ex.1004, 6:33-35). In my opinion, in the proposed modification, a user would
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`still quickly discover/access new messages by reaching the summary pane in one
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`step, instead of taking multiple steps to check for new messages by first opening
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`the message center application and having to drill down through several layers of
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`the message center application and take other steps before discovering/accessing
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`the new messages. For example, to discover messages for a certain user (e.g.,
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`“Chris,” Jimmy,” “Chip,” “Kate”) by first opening the message center application
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`(instead of using the message summary pane), the user would need to then take
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`another step to select the user to check messages for (e.g., Fig. 5
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`”). In addition, to access messages, a user
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`would need to take another step to select the type of messages to access (e.g., Fig.
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`5 “
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`,” “
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`,” “
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`”). See also Ex.1003 ¶¶ 58-63.
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`E.
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`Schnarel in view of Aberg, Renders Obvious “an Application
`Summary Window that Can Be Reached Directly From the Main
`Menu” (Elements 1.C, 20.C)
`20. PO asserts that Schnarel in view of Aberg does not render obvious
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`Elements 1.C and 20.C because Aberg “teaches nothing about how to structure a
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`relationship between Schnarel’s message pane 206 . . . and Schnarel’s application
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`selection area 104” and “Schnarel’s area 104 does not allow navigation.” Opp. 31;
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`Ex.2011 ¶ 59. I disagree. As an example, a POSITA would have known to place
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`Aberg’s SPECIAL menu as a button or a pop-up window on Schnarel’s application
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`selection area (104). Ex.1003 ¶¶ 62-63; Ex.1006 (Smith), 8:12-35, Fig. 7A
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`(displaying a list of received messages by pressing a message center icon);
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`Ex.1015 (Blanchard), 5:30-6:38, Figs. 2, 4 (using “Left,” “Up,” “Right,” “Down,”
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`keys to scroll between menu screens). As I described in my opening declaration, a
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`POSITA would have been motivated to use Aberg’s teachings of a summary
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`window that can be reached directly from the main menu in implementing
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`Schnarel’s GUI for a mobile phone to avoid cluttering the display with too much
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`information while still providing easy access to functions and data offered in an
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`application. Ex.1003 ¶¶ 58-67. Relocating Aberg’s SPECIAL menu and making it
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`accessible through interaction with Schnarel’s menu would have amounted to a
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`predictable variation resulting from design incentives, not any inventive concept.
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`Id.
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`21. Aberg itself expressly teaches placing a summary window at any level
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`of the menu hierarchy and accessing the SPECIAL menu through interaction with
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`the main menu (Ex.1005, 7:25-29), and Schnarel likewise teaches customizing the
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`GUI (Ex.1004, 5:7-26). Aberg also expressly teaches, e.g., (1) “a dynamic menu ...
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`which is easily accessible from the normal menu system” (Ex.1005, 2:58-59), (2)
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`accessing a regular menu for an application (e.g., accessing the phonebook by
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`navigating the menu to the phonebook and pressing the “YES” key) (Ex.1005,
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`4:32-33, 4:66-5:5), and (3) separately accessing a “special menu” (Ex.1005, 7:25-
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`29). Thus, it would have been obvious to implement Schnarel’s GUI so that the
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`“message summary pane” is reached directly through an item available on the main
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`menu. Additionally, it was well-known to make a selection on the main menu to
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`display a summary window. Ex.1003 ¶¶ 62-63; see also Ex.1003 ¶¶ 39-41.
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`22. PO further asserts that Schnarel in view of Aberg does not render
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`obvious Elements 1.C and 20.C because Aberg allegedly does not teach an
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`“application summary window” since the “SPECIAL menu 300 is not associated
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`with any ‘application’.” Opp. 31; Ex.2011 ¶ 59. I disagree. As I explained in my
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`opening declaration, a POSITA would have been motivated and found it obvious
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`and straightforward to apply Aberg’s teachings of structuring a summary window
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`that can be reached directly from the main menu in implementing Schnarel’s GUI
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`(which already teaches an application summary window). Ex.1003 ¶¶ 64-67.
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`23. Furthermore, in my opinion, a POSITA would have understood that
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`Aberg teaches configuring its “SPECIAL” menu for one (or more) applications,
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`contrary to PO’s assertions. For example, Aberg teaches that its “SPECIAL” menu
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`is “customized by the user . . . to add and delete menu items in an easy way,” and
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`that such “menu items” are associated with one or more applications, such as
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`“Settings” and/or “Phonebook.” Ex.1005, 2:55-3:3, 6:6-24; Ex.1003 ¶¶ 41, 64-67;
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`see also Ex.1004 9:1-6, Figs. 1, 2 (Schnarel also teaches “Settings” and
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`“Phonebook” applications). Thus, a POSITA would have understood that Aberg
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`teaches selecting menu items for the SPECIAL menu for one application, as
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`customized by the user. Furthermore, Aberg’s claim 3 teaches “add[ing] a selected
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`menu item to the dynamic menu.” Ex.1005, Claim 3. In my opinion, “a selected
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`menu item” in the SPECIAL menu, without any other menu item, is associated
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`with a single application. Hence, Aberg teaches associating the SPECIAL menu,
`
`which is a form of dynamic menu, with only one application. And in any event, in
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`view of Schnarel and Aberg, a POSITA would have found it obvious and
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`straightforward to configure Aberg’s SPECIAL menu with menu items from only
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`one application because, in order to do so, a POSITA would merely have to add
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`menu items from a single application, which would allow a user to access most
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`often used functions of that application with less effort. See also Ex.1003 ¶¶62-67.
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`F.
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`Schnarel Discloses a “Limited List of Functions Offered in the
`One or More Applications” (Claims 8, 29)
`24. PO argues Schnarel’s caller log and fax buttons are “separate
`
`applications” from the message center application, and thus are not message center
`
`functions. Opp. 39-40. I disagree. See discussion in § C above.
`
`25. PO argues Schnarel’s message viewers merely “open[] an application
`
`window or viewer.” Opp. 42. I disagree. In my opinion, Schnarel does not merely
`
`teach opening an application window/viewer; it also teaches executing functions
`
`under any proposed construction of that term. Schnarel teaches “an action to be
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`activated in [the message center] application and performed by a user” because
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`when the caller log/fax button is selected not only is the message center application
`
`launched but a particular type of message (either caller log or fax messages) is
`
`displayed. This is analogous to “enter[ing a] chat room” because, like entering a
`
`specific chat room, a user would enter the message viewer of a particular type of
`
`message (i.e. Call Logs or Fax Messages). PO admits that “enter[ing a] chat room”
`
`is a function. Opp. 18; Ex.1001, 3:44-46. In the absence of caller log or fax
`
`buttons, a user would first have to open the message center application and select
`
`one of the three tabs (tab #3, tab # 2, or tab # 10 in Schnarel’s Fig. 5) to view a
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`particular type of message. See also Ex.1004, 10:55-61 (“The message viewer . . .
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`provides the functionality for displaying . . . messages . . . .”), 4:24-27 (“feature[s]
`
`of the device” include “reviewing a message (e.g. answering machine, fax or e-
`
`mail message), browsing the Internet, or making a telephone call.”).
`
`26. As another example, Schnarel discloses that where a device supports
`
`multiple users, activating the fax/caller log “button may first cause a user interface
`
`screen to be displayed, prompting the user to identify herself/himself . . .” and “if
`
`the selected user is security enabled, then a password screen is displayed,
`
`prompting the user to enter a password.” Ex.1004, 8:50-59; Ex.1003 ¶¶ 17, 39-40.
`
`Schnarel’s teaching of “identify[ing] herself/himself” and “enter[ing] a password”
`
`is analogous to “enter[ing] a PIN security number,” which the ‘476 specification
`
`describes as an example of a function. Ex.1001, 2:18. In my opinion, Schnarel’s
`
`teaching is analogous to the ‘476 teachings because “enter[ing] a PIN security
`
`number” would also have involved displaying a prompt screen to enter a PIN
`
`number before displaying and managing messages of a particular type for that user.
`
`Thus, Schnarel discloses that pressing the caller log/fax button, “provides the
`
`functionality for displaying and managing messages.” Ex.1004, 10:55-61;
`
`Ex.1003 ¶¶ 68-72. This indicates that Schnarel does not merely teach opening an
`
`application window/viewer; rather, Schnarel teaches—upon selecting the caller
`
`log/fax button—displaying the relevant screen and offering “an action that a user is
`
`to perform within the corresponding application” (i.e., displaying and managing
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`messages of a particular type for a particular user, such as, “Chip” in Schnarel’s
`
`Fig. 5).
`
`27. PO asserts that pressing the caller log/fax buttons in message
`
`summary pane 206 might open the same window as pressing the “Messages”
`
`button in pane 104, alleging that the caller log/fax buttons do not provide access to
`
`“functions” of the message center. Opp. 45-46. I disagree. First, I note that the
`
`‘476 claims do not require functions that take the user to different screens.
`
`Second, as I discussed in my opening declaration and above, Schnarel repeatedly
`
`describes that a function (e.g., displaying, managing, entering ID/password
`
`information) is activated after pressing a button, just like “enter[ing] a PIN security
`
`number” or “enter[ing a] chat room” in the ‘476 specification. Further, in my
`
`opinion, even if selecting the caller log button under a “default” mode brought the
`
`user to the same window as pressing the “Messages” button, pressing the fax
`
`button in the “Messages” window would open a different, non-“default” view.
`
`Thus, at least one button would open a window that is different from the “default”
`
`view and would meet the claimed limitation.
`
`G. Nason Discloses Selecting Data to “Launch[] the Respective
`Application” and “Enable…Data to Be Seen Within the
`Respective Application” (Elements 1.E/20.F)
`
`28.
`
` I understand that PO asserts, and Mr. Denning says, that Lycos, AOL,
`
`and Amazon applications are “websites,” not “applications,” thus no application is
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`launched to display the “data” (e.g., ticker text in a cartridge) selected from
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`Nason’s summary window. Opp. 56-60; Ex.2011 ¶¶ 81, 112. I disagree. As I
`
`explained in my deposition, under the broadest reasonable interpretation (BRI), a
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`“web application is a collection, typically one or more web pages, that helps the
`
`user do a variety of tasks or a variety of functions.” Ex.2012, 72:8-17; see also id.,
`
`72:22-21. Thus, in my opinion, each of the Lycos, AOL, and Amazon websites
`
`(running on a browser) are web applications because each of them consists of a
`
`collection of webpages that support different functionalities, such as searching the
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`Internet, checking mail, chatting, etc.
`
`29. PO and Mr. Denning state that Gmail (https://mail.google.com/mail/),
`
`Maps (https://www.google.com/maps), and Google+ (https://plus.google.com) are
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`applications (Opp. 56-60; Ex.2011 ¶¶ 81-83); yet they are all websites. For
`
`example, typing a web address, such as https://www.google.com/maps, in the
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`Internet browser takes a user to the Google Maps website. In my opinion, each of
`
`the Lycos, AOL, and Amazon websites (running on a browser) is a program or
`
`group of programs (with code) designed to provide access to functions and data,
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`and each is thus an application—and in particular a web application.
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`H. Nason Discloses a “Limited List of Functions Offered in the One
`or More Applications” (Cls.8, 29) and an Application Summary
`Window with Data (Cls.1, 20)
`
`30.
`
` PO asserts that Lycos, America Online, and Amazon are not
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`“applications.” I disagree. See discussion in §G above.
`
`31. PO asserts that things like “Web Search” are applications, not
`
`functions. Opp. 70. I disagree. Even if the “Web Search” is operable as an
`
`individual application, it provides functionality for and is displayed on and
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`accessed from the AOL web application—and is therefore, in my opinion, part of
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`the AOL web application. Nason further discloses that the applications in the
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`cartridges are not limited to AOL, Lycos, and Amazon: “[u]ser cartridge(s) may
`
`include access to applications, documents, files, or network links.” Ex.1007, 4:34-
`
`37. Alternatively, in my opinion, these same disclosures would certainly render
`
`this limitation obvious. Ex.1003 ¶¶ 113-117, 125-129, 136, 140. A POSITA
`
`would have known that the modification would work as expected, yielding the
`
`expected result because this was a known method for initiating a function selected
`
`from an application that is not yet launched. Id.
`
`I.
`
`Nason, or Wagner in View of Nason, Discloses “a Mobile
`Telephone” (Cl. 9)
`32. PO argues that a POSITA would not be motivated to implement
`
`Nason’s GUI on a mobile telephone, such as the phone taught
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