UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`LG Electronics, Inc.,
`Petitioner
`
`v.
`
`Core Wireless Licensing S.a.r.l.,
`Patent Owner.
`
`
`
`
`Patent No. 8,713,476
`
`Issue Date: April 30, 2013
`
`Title: Computing Device with Improved User Interface for
`Applications
`
`
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT 8,713,476 UNDER
`35 U.S.C. §§ 311-319 AND 37 C.F.R. §§ 42.100 ET SEQ.
`
`
`
`
`
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`
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`

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`
`
`Petition Requesting Inter Partes Review
`
`Patent No. 8,713,476
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`
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`
`
`II. 
`
`TABLE OF CONTENTS
`
`TABLE OF EXHIBITS ........................................................................................................ iii 
`I. 
`COMPLIANCE WITH REQUIREMENTS FOR A PETITION FOR
`INTER PARTES REVIEW ....................................................................................... 1 
`A.  Notice of Real Party in Interest ...................................................................... 1 
`B. 
`Notice of Related Matters................................................................................ 1 
`C. 
`Notice of Lead and Backup Counsel and Service Information ................. 2 
`D.  Grounds for Standing ...................................................................................... 2 
`E. 
`Statement of Precise Relief Requested .......................................................... 2 
`FACTUAL BACKGROUND ................................................................................... 3 
`A. 
`The ’476 Patent ................................................................................................. 3 
`B. 
`The Prosecution History Of The ‘476 Patent .............................................. 4 
`C. 
`The Challenged Claims .................................................................................... 6 
`D. 
`The Prior Art ..................................................................................................... 7 
`1.
`Blanchard ................................................................................................ 9 
` 
`2.
`Schnarel .................................................................................................11 
` 
`III.  RELEVANT INFORMATION CONCERNING THE CONTESTED
`PATENT .....................................................................................................................12 
`A. 
`Person of Ordinary Skill in the Art ..............................................................12 
`B. 
`Claim Construction .........................................................................................13 
`1.
`“computing device” ............................................................................13 
` 
`2.
`“reached directly from the main menu” ..........................................13 
` 
`SPECIFIC GROUNDS FOR PETITION ...........................................................14 
`A. 
`Blanchard Renders Obvious All Of The Challenged Claims ...................14 
`B. 
`Schnarel Renders Obvious All Of The Challenged Claims .....................22 
`CONCLUSION..........................................................................................................35 
`V. 
`CERTIFICATE OF SERVICE ...........................................................................................36 
`
`
`
`IV. 
`
`ii
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`Petition Requesting Inter Partes Review
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`Patent No. 8,713,476
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`
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`TABLE OF EXHIBITS
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`Exhibit
`1001
`
`Description
`U.S. Patent No. 8,713,476 (Issued April 30, 2013), Computing device with
`improved user interface for applications (“the ‘476 Patent”)
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`
`
`U.S. Patent No. 6,415,164 to Blanchard et al. (“Blanchard”)
`
`U.S. Patent No. 7,225,409 to Schnarel et al. (“Schnarel”)
`
`Declaration of Dr. Rhyne Regarding Invalidity Of U.S. Patent
`No. 8,713,476
`
`File history of U.S. Patent No. 8,713,476
`
`File history of U.S. Patent No. 8,434,020
`
`iii
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`

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`Patent No. 8,434,020
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`
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`Petition Requesting Inter Partes Review
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`LG Electronics, Inc. (“Petitioner”) hereby seeks inter partes review of Claims 1,
`
`4, 5, 6, 8, 9, 20, 26, 27, and 29 of U.S. Patent No. 8,713,476. (Ex. 1001 (the “’476
`
`patent”).)
`
`I.
`
`COMPLIANCE WITH REQUIREMENTS FOR A PETITION FOR
`INTER PARTES REVIEW
`A. Notice of Real Party in Interest
`Pursuant to 37 C.F.R. § 42.8(b)(1), notice is hereby given that the real parties-
`
`in-interest in this petition are the Petitioner and LG Electronics U.S.A., Inc., and LG
`
`Electronics Mobilecomm U.S.A., Inc.
`
`B. Notice of Related Matters
`Petitioner is also seeking inter partes review of related U.S. Patent No.
`
`8,434,020, a parent of the ‘476 Patent. If instituted, Petitioner requests that each of
`
`the related inter partes review proceedings be assigned to the same Board for
`
`administrative efficiency. Furthermore, the following pending federal district court
`
`litigations may affect or be affected by the decision in this proceeding:
`
`1. Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc. et al., Civ. No. 2:14-cv-911
`
`(E.D. Tex.) (the “Related LG Case”);
`
`2. Core Wireless Licensing S.A.R.L. v. Apple, formerly Civ. No. 6:14-cv-00751 (E.D.
`
`Tex.), and Core Wireless Licensing S.A.R.L. v. Apple, formerly Civ. No. 6:14-cv-00752
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`(E.D. Tex.), now both pending transfer to the Northern District Of California (the
`
`“Related Apple Cases”).
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`
`
`1
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`

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`Patent No. 8,713,476
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`
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`Petition Requesting Inter Partes Review
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`
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`C. Notice of Lead and Backup Counsel and Service Information
`Pursuant to 37 C.F.R. §§ 42.8(b)(3), (b)(4), and 42.10(a), Petitioner designates
`
`the following lead and backup counsel:
`
`Lead
`Counsel:
`
`Backup
`Counsel:
`
`
`
`Herbert H. Finn (Reg. No. 38,139)
`Greenberg Traurig, LLP
`77 W. Wacker Dr., Suite 3100
`Chicago, IL 60601
`Telephone: (312) 456-8400
`Fax: (312) 456-8435
`Email: finnh@gtlaw.com; LG-CoreWireless-IPR@gtlaw.com
`
`Richard D. Harris (Reg. No. 27,898)
`Eric J. Maiers (Reg. No. 59,614)
`Greenberg Traurig, LLP
`77 W. Wacker Dr., Suite 3100
`Chicago, IL 60601
`Telephone: (312) 456-8400
`Fax: (312) 456-8435
`Email: harrisd@gtlaw.com;
`maierse@gtlaw.com
`
`Ashkon Cyrus (Reg. No. 69,832)
`Greenberg Traurig, LLP
`2101 L Street, N.W.
`Suite 1000
`Washington, DC 20037
`Telephone: (202) 331-3100
`Email: cyrusa@gtlaw.com
`
`D. Grounds for Standing
`Petitioner certifies under 37 C.F.R. § 42.104(a) that the ’476 patent is available
`
`for inter partes review, and that Petitioner is not barred or estopped from requesting an
`
`inter partes review on the grounds identified in the petition.
`
`Statement of Precise Relief Requested
`
`E.
`Petitioner respectfully requests that claims 1, 4, 5, 6, 8, 9, 20, 26, 27, and 29 of
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`the ’476 patent (Ex. 1001) be cancelled based on the following grounds of
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`unpatentability, explained in detail below.
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`2
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`Ground A: Claims 1, 4, 5, 6, 8, 9, 20, 26, 27, and 29 are rendered obvious
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`under § 103 by U.S. Patent No. 6,415,164 to Blanchard et al.
`
`(“Blanchard”).
`
`Ground B: Claims 1, 4, 5, 6, 8, 9, 20, 26, 27, and 29 are rendered obvious
`
`under § 103 by U.S. Patent No. 7,225,409 to Schnarel et al.
`
`(“Schnarel”).
`
`II.
`
`FACTUAL BACKGROUND
`A.
`The ’476 patent describes an “application summary” intended to improve the
`
`The ’476 Patent
`
`user-interface of computing devices such as mobile telephones. (Ex. 1001 at 2:28-41;
`
`1:23-34) According to the patent, which claims priority to July 28, 2000, existing user-
`
`interfaces were cumbersome because they required users to navigate through “many
`
`layers” of a menu hierarchy to access the data or function desired. (Id. at 1:39-56.)
`
`Requiring users to “progressively drill down (sometimes through three or more layers)
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`to complete the required task” made the existing user-interfaces “slow, complex, and
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`difficult to learn.” (Id. at 1:43-56.)
`
`The ’476 patent purports to improve these user-interfaces by enabling the user
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`to more “readily and rapidly access the right data/functionality” through the use of
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`“innovative summary window functionality.” (Id. at 3:34; 1:59-61.) The patent
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`describes a “snap-shot view of an application” that “brings together, in one summary
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`window, a limited list of common functions and commonly accessed data,” and allows
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`the user to “select that data or function” in order to open the application and present
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`the user with a screen from the application “in which the data or function of interest
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`is prominent.” (Id. at 2:37-46.)
`
`Figure 1 of the ’476 patent, reproduced
`
`to the right, shows the main menu of a mobile
`
`telephone’s user interface. (Id. at 3:16-28.) If a
`
`user selects “Messages” from this menu, they
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`are taken the screen shown in Figure 3, also
`
`reproduced to the right, which is a summary window for the “Messages application.”
`
`(Id. at 3:17-55.) This “Messages” summary window presents the user with data from
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`the Messages application: “3 unread emails,” “2 new SMS,” and “1 Chat ongoing.”
`
`(Id. at 3:46-58.) It also presents the user with “the two most common functions …
`
`in the Messages application—‘Create Messages’ and ‘Enter chat room.’” (Id. at 3:42-
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`46.) When the user selects a function (e.g., “Create Message”) or data (e.g., “1 Chat
`
`Ongoing”) from the summary window, the corresponding application is launched and
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`the selected function is initiated or the selected data is displayed. (3:58-64.)
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`B. The Prosecution History Of The ‘476 Patent
`The ’476 patent claims priority to July 28, 2000, on the basis of a British
`
`application filed on that date and a PCT application filed on Jul. 27, 2001.
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`The ’476 patent is a continuation of the application that issued as U.S. Patent
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`No. 8,434,020 (“the ’020 patent”), and claims very similar subject matter. Petitioner is
`
`filing a Petition for Inter Partes Review of the ’020 patent concurrently with this
`
`Petition.
`
`During the prosecution of application that led to the ’476 patent, a terminal
`
`disclaimer to the ’020 patent was filed to obviate a double patenting rejection. The
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`first action from the Patent Office was a Notice of Allowability.
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`However, during the prosecution of the parent application, there were multiple
`
`rejections culminating in an appeal to the Board. In that appeal, Patent Owner won
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`reversal of an obviousness rejection by arguing that the prior art cited by the
`
`Examiner did not disclose that the “application summary window is displayed while
`
`the application is in an unlaunched state.” (Ex. 1006 at 307-8(2009-08-31 Appeal Brief
`
`at 8-9); Ex. 1006 at 332-3(2010-01-11 Appeal Reply at 2-3).) Patent Owner pointed
`
`out that the primary reference (“Allard”), only described windows available while an
`
`application was running (i.e. launched). Patent Owner argued that the secondary
`
`reference (“Krause”) did not render obvious the “unlaunched state” limitation
`
`because it described a window for previewing a file without launching the application
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`associated with that file, which is “conceptually very different to a user selecting an
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`application and causing functionality of that application to be displayed.” (Id.)
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`The Board accepted Patent Owner’s argument and reversed the rejection. The
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`Board first found that the primary reference did not disclose “the application
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`summary window being displayed while the application is in an unlaunched state.”
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`(Ex. 1006 at 466 (2012-10-24 Board Decision at 3).) The Board then found that the
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`claims were not obvious because the secondary reference’s disclosure of “previewing
`
`files without opening them … is different from the claimed feature of allowing the
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`application to be launched and a certain functionality initiated.” (Id. at 467.)
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`The claims of the ’020 patent were then allowed on the basis of the Board’s
`
`decision. (Ex. 1006 at 472(2013-01-04 Notice of Allowance).)
`
`C. The Challenged Claims
`There are two challenged independent claims. Claim 1 is set forth below.
`
`Claim 20 is substantially similar, except it is a method claim.
`
`1. A computing device comprising a display screen,
`
`the computing device being configured to display on the screen a menu
`listing one or more applications,
`and additionally being configured to display on the screen an application
`summary that can be reached directly from the menu,
`wherein the application summary displays a limited list of data offered
`within the one or more applications,
`each of the data in the list being selectable to launch the respective
`application and enable the selected data to be seen within the
`respective application,
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`and wherein the application summary is displayed while the one or more
`applications are in an un-launched state.
`Thus, claims 1 and 20 require: a computing device with a screen; an application
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`that is listed in a menu, and that has at least one function; and an application summary
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`that (i) can be reached directly from the main menu, (ii) displays a limited list of data
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`that are each selectable to launch the application and enable the selected data to be
`
`seen within the respective application, and (iii) is displayed while the application is in
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`an unlaunched state.
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`Dependent claims 4, 5, 6, 8, and 9 depend directly from claim 1. Claim 4
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`requires that “a user can define what data types are of interest to that user for the
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`summary for an application.” Claims 5-6 require that the data type for the summary
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`window “varies with the environment of the device” (claim 5), or “varies with the
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`actions of the user” (claim 6). Claim 8 requires the summary window to display “a
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`limited list of functions offered in the one or more applications.” Claim 9 requires the
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`computing device to be “a mobile telephone.”
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`Dependent claims 26, 27, and 29 depend directly from claim 20, and are
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`substantially similar to claims 4-6, respectively, except that they depend from claim 20.
`
`D. The Prior Art
`The subject matter of the challenged claims was all well-known before the ’476
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`patent’s July 28, 2000 priority date. Both the subject matter of the claims as a whole,
`
`and the specific feature that Patent Owner relied on to obtain allowance—an
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`application summary that is “displayed while the application is in an unlaunched
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`state”—were known user interface concepts that were used in a wide variety of
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`devices.
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`As background, and to illustrate the ubiquity of the ’476 patent’s user-interface
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`concepts, consider the Windows 98 operating system. In Windows, a user could drag
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`bookmarks (i.e. links to specific web pages) to the “start menu,” where each
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`bookmark would be represented by an icon. Selecting the icon would launch the
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`browser application, and cause it to initiate the function of navigating to the link
`
`(URL) represented by the selected desktop icon, thereby enabling the data represented
`
`by the icon to be seen in the application. This simple and well-known functionality
`
`satisfies all the limitations of claims 1 and 16 when performed on a computer with a
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`shortcut icon for the browser application on its desktop, and the browser is not open
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`(i.e. is in an un-launched state): Windows runs on a computing device with a screen;
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`has an application (the browser) that has at least one function (navigating to a link)
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`and is listed on a main menu (the desktop); and has an application summary (the start
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`menu) that (i) can be reached directly from the main menu (by clicking the “Start”
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`button), (ii) displays a limited list of data (the URLs for the bookmarks placed in the
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`start menu) that are each selectable to launch the application and enable the selected
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`data to be seen within the application (clicking a bookmark in the start menu launches
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`the browser application and causes it to navigate to, and display, the bookmarked
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`URL), and (iii) is displayed while the application is in an unlaunched state (the start
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`menu is displayed while the browser application is not running). This aspect of
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`Windows 98 also satisfies many of the limitations of the dependent claims.
`
`This Petition relies primarily on two specific prior art references, Blanchard and
`
`Schnarel. While only one of the challenged claims is limited to a telephone, for
`
`simplicity both of the prior art references relied on by this Petition describe telephone
`
`user-interfaces.
`
`
`1.
`
`Blanchard
`
`U.S. Patent No. 6,415,164 to Blanchard claims priority to a U.S. application
`
`filed on December 31, 1996. (Ex. 1002.) Blanchard is prior art to the ’476 patent
`
`under 35 U.S.C. § 102(e). Blanchard was not considered during the prosecution of
`
`the ’476 patent.
`
`Blanchard describes a user-interface for a mobile telephone. Blanchard’s user-
`
`interface is based on a “parent menu,” and has a “window with selectable sub-level
`
`menu choices” for each of the five options in the “parent menu.” (Ex. 1002 at 3:54-
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`63.) Figure 3 of Blanchard provides a flow chart illustrating these two interface
`
`features.
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`9
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`Patent No. 8,713,476
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`The top row of Figure 3, which is reproduced above, shows five screens. Each
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`of the five screens corresponds to one of the five options in the “parent menu,”
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`which is the row of icons containing “the Home symbol, the Phone Book symbol, the
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`Mailbox symbol, the Lock and the Tools symbol.” (Ex. 1002 at 3:54-63.) The user
`
`presses the “Left” or “Right” arrow keys to cycle through these screens. (Id. at 5:39-
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`46.) In the leftmost screen, which is displayed when the “Home” symbol is selected
`
`in the parent menu, the window below that menu provides the name of the cellular
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`service provider, the time and date, and two “selectable menu choices”: “Last
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`Number” and “View Own Number.” (Id. at 6:36-42.) Similarly, in the middle screen,
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`which is displayed when the “Mailbox” symbol is selected in the parent menu, the
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`window provides three selectable menu choices, which are used to access “voice
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`messages, text messages, and call logs,” respectively. (Id. at 3:67-4:3.)
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`In each screen, the “the Up and Down arrow keys can be used to move the
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`darkened elliptical cursor.” (Id. at 6:7-15.) The darkened elliptical cursor identifies the
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`function in the sub-level menu that will be “activated” if the user presses “Select.” (Id.
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`at 6:42-44; 6:7-15; 5:4-9; Fig. 3.) In the example of the screen 210 in Figure 3, the
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`highlighted function is “Last Number.” It can be selected to open the telephone-
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`dialer and cause it to dial the last number previously dialed: “pressing the Select key
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`redials the last number previously dialed.” (Id. at 6:36-42.)
`
`
`2.
`
`Schnarel
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`U.S. Patent No. 7,225,409 to Schnarel et al. issued from an application filed on
`
`August 25, 1999. (Ex. 1003.) Schnarel is prior art to the ’476 patent under 35 U.S.C. §
`
`102(e). Schnarel was not considered during the prosecution of the ’476 patent.
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`Schnarel describes “a ‘start’ or ‘home’ screen of a telephony device.” (Ex.
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`1003 at 4:17-19; 2:5-22.) This start screen
`
`is shown in Figure 1. It includes “a button
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`bar”, numbered 104, “with control buttons
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`that
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`the user may select
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`to
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`initiate
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`application programs,” such as “a web
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`browser, address book, or answering
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`machine/e-mail message retrieval application.” (Id. at 2:22-30; 4:34-47; 9:7-19.)
`
`Schnarel also describes a “messages pane” that allows users to “quickly
`
`discover whether or not they have new messages and quickly access these new
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`messages. (Id. at 6:26-31.) The messages pane is displayed in the portion of the start
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`screen numbered 102. The “messages pane” works with a “parent application
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`program” that “notifies the message pane program when state changes occur, such as
`
`the arrival of a fax, e-mail or answering machine message.” (Id. at 2:64-3:7.) “The
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`message pane displays an indicator of the type of message that has arrived in the
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`pane.” (Id.)
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`In the messages pane, when the user selects a “user-specific messages button
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`(308), the button’s procedure launches a message viewer application.” (Id. at 6:62-
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`7:1.) The application that is chosen depends on the type of new messages available.
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`(Id. at 7:1-12.) Similarly, the controls in the “general messages area enable the user to
`
`launch a task associated with the control”: e.g., upon “selecting an active fax button,
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`the messages application is launched and a fax viewer is displayed,” and “pressing an
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`active call logger button causes the messages application to launch, and a call log
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`viewer to be displayed.” (Id. at 8:46-67.)
`
`In addition to the buttons listed within the messages pane, Schnarel provides
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`many other examples of lists of buttons representing functions within an application
`
`that may be selected to launch the application and initiate the selected function. (E.g.
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`id. at 5:44-49; 5:51-57; 6:17-25.)
`
`III. RELEVANT INFORMATION CONCERNING THE CONTESTED
`PATENT
`A.
`A person of ordinary skill in the art in the field of the ‘476 patent is a person
`
`Person of Ordinary Skill in the Art
`
`who has, through formal education or extensive practical experience, the equivalent of
`
`a Bachelor’s Degree in Computer Science or Electrical Engineering and 2-3 years of
`
`experience in graphical user interfaces. (Ex. 1004 at ¶ 27.)
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`Claim Construction
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`B.
`Pursuant to 37 C.F.R. § 42.100(b), the claims in inter partes review are given the
`
`“broadest reasonable construction in light of the specification.” For the purposes of
`
`this proceeding, Petitioner requests that each of the various claim terms be given their
`
`plain meaning. Petitioner proposes specific constructions for several terms below:
`
`
`1.
`
`“computing device”
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`Each of the challenged claims requires the claimed “application summary” to
`
`appear on the screen of a “computing device.” Only claim 9 requires the claimed
`
`“computing device” to be a “mobile telephone.” Claim 10 requires “The computing
`
`device of claim 1, being a PC.” (Id. (emphasis added).) While the ’476 patent describes
`
`the invention as “particularly useful for mobile telephones,” it also states that the
`
`invention may be “used in environments outside of mobile telephony.” (Ex. 1001 at
`
`5:36-39.) The ’476 patent also specifically states that “desktop and laptop PCs may
`
`also benefit from the present invention.” (Id. at 5:38-41.) This confirms that under
`
`the ordinary meaning of “computing device,” the claims of the ’476 patent include
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`PCs, mobile phones, and any other type of computing device.
`
`
`2.
`
` “reached directly from the main menu”
`
`All the challenged claims require “an application summary that can be reached
`
`directly from the main menu.” The broadest reasonable construction of this claim
`
`language merely requires that the user be able to navigate from the main menu to the
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`application summary without needing to use an intervening menu, window, or button.
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`Patent No. 8,713,476
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`However, this claim language does not require the main menu and the application
`
`summary to appear on different screens. Confirming this, the preferred embodiment
`
`of the ’476 patent describes a summary window that appears on the same screen as
`
`the main menu. Specifically, as shown in Figures 1 and 2, the
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`summary window “drops down” from the main menu when the
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`highlight rests on an application in that menu: “should the
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`highlight rest on the name an application in the App Launcher for a
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`certain amount of time … the summary window … drops down
`
`from the highlight bar.” (Id. at 3:33-38.) Thus, “reached directly
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`from the main menu” should be construed to include windows that
`
`are part of the same screen as the main menu, so long as they can
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`be navigated to without needing to use an intervening menu or
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`window.
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`IV. SPECIFIC GROUNDS FOR PETITION
`A.
`As described below, Blanchard alone makes all of the challenged claims
`
`Blanchard Renders Obvious All Of The Challenged Claims
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`obvious to a person of ordinary skill in the art.
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`Petition Requesting Inter Partes Review
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`Patent No. 8,713,476
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`[1a] “1. A computing device comprising a display screen, the computing
`device being configured …”
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`Blanchard describes a user interface for a
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`mobile telephone, as shown for example in
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`Figure 2 to the right. The mobile telephone has
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`a display screen, a CPU, and memory. (Ex. 1002
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`at Fig. 1, Fig. 2, at 1:11-14, 2:52-3:2.) Thus,
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`Blanchard discloses limitation [1a]. (Ex. 1004 at ¶ 39.)
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`[1b] “…to display on the screen a menu listing one or more applications,”
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`Blanchard discloses a main menu (called a “parent menu”) that lists
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`applications using icons such as “Phone Book,” “Mailbox,” and “Home” (which
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`represents the telephone application). (Ex. 1002 at 5:39-46, 3:54-63.) These
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`applications have at least one function: the telephone application, for example, has the
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`functions “Last Number” (to redial the last number previously dialed) and “View
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`Own Num,” (to display the user’s phone number). (Id. at 6:44-46; 6:57-64, Fig. 3.)
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`Thus, Blanchard discloses limitation [1b]. (Ex. 1004 at ¶ 40.)
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`[1c] “…and additionally being configured to display on the screen an
`application summary that can be reached directly from the menu,”
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`Blanchard also describes an application summary (“window with selectable sub-
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`level menu choices”) for each application icon in the menu (“parent menu”). (Ex.
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`1002 at 3:54-63.) These windows are reached directly from the menu, because they
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`appear when their corresponding icon in the menu is highlighted. (Id. at 5:39-46.) This
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`is exactly how the preferred embodiment of the ’476 patent describes navigating from
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`the main menu to the summary window: “should the highlight rest on the name an
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`application in the App Launcher for a certain amount of time … the summary
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`window … drops down from the highlight bar.” (Id. at 3:23-27.) Thus, Blanchard
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`discloses limitation [1c]. (Ex. 1004 at ¶¶ 41-42.)
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`[1d] “…wherein the application summary displays a limited list of data offered
`within the one or more applications, each of the data in the list being
`selectable to launch the respective application and enable the selected data to
`be seen within the respective application,”
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`Each “window with selectable sub-level menu choices” in Blanchard displays a
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`limited list of data offered within the application corresponding to the highlighted
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`main menu icon, and each listed data is selectable to launch the application and enable
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`the selected data to be seen within the respective application. (Ex. 1004 at ¶ 43.) For
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`example, when the “Mailbox” icon is highlighted as shown in screen 332 in Figure 3,
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`the application summary for the Mailbox application displays a limited list showing
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`that the user has 0 voice messages and 7 text messages (Ex. 1002 at Fig. 3). Both the
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`number of voice messages and the number of text messages are data stored in the
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`Mailbox application. (Ex. 1004 at ¶ 45.) Selecting one of the menu choices in the
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`“Mailbox” window allows the user to “access” either “voice messages” or “text
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`messages.” (Id. at 6:15-18; 3:67-4:3; see also id. at 6:7-15 (describing the “Phone Book”
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`application summary).) Thus, both the “VoiceMsg[00]” and the “Text Msg[07]” items
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`in the limited list in the Mailbox application summary is selectable to launch the
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`Mailbox application and enable the listed data to be seen in the application. (Ex. 1004
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`at ¶ 45.)
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`Similarly, when the “Home” icon is highlighted as shown in screen 210 in
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`Figure 4, the application summary for the telephone application displays a limited list
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`with the items “Last Number” and “View Own Number.” (Ex. 1002 at 6:36-42.)
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`These items are both selectable to activate (i.e. “launch”) the corresponding
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`application and enable the selected data to be seen within the application. For
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`example, in screen 210 “pressing the Select key 227 redials the last number previously
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`dialed,” thereby displaying the selected data (i.e. the last number previously dialed).
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`(Id. at 6:40-46; Ex. 1004 at ¶ 46.).
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`Thus, Blanchard discloses limitation [1d]. (Ex. 1004 at ¶ 43-46.)
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`[1e] “…and wherein the application summary is displayed while the one or
`more applications are in an un-launched state.”
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`Blanchard may not literally discuss the concept of an application being in an
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`“un-launched” state. However, a person of ordinary skill in the art would have
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`understood that Blanchard’s “window with selectable sub-level menu choices” is in
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`fact displayed while the application corresponding to those choices is in an un-
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`launched state. (Ex. 1004 at ¶ 47.) Blanchard describes a phone as having “program
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`memory,” and discloses several as well-known mobile-phone programs, such as a
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`telephone-dialer, phone book, and mailbox. (Ex. 1002 at 2:52-67, 5:39-46; 6:7-64.)
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`These programs are separate from the user interface. (Id. at Fig. 1 and 2:52-3:2
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`(showing that both “program memory 112” and “data memory 114” are distinct from
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`“user interface 200”); Ex. 1004 at ¶ 48.) Thus, when Blanchard describes a menu
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`choice in the user interface being used to “access” a function defined in the program
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`memory (e.g. at 6:15-18; 3:67-4:3), a person of ordinary skill in the art would
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`understand that this meant the phone would switch from using the “user interface
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`200” in order to launch the application containing that function from the “program
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`memory 112,” and use it to initiate the selected function. (Ex. 1004 at ¶ 48.) For
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`example, Blanchard explains that when the function “Last Number” is highlighted,
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`“pressing the Select key 227 redials the last number previously dialed.” (Id. at 6:40-
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`46). A person of ordinary skill would have understood that this describes launching
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`the telephone-dialer application when the user presses the select key to activate the
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`“Last Number” function, and that the telephone-dialer program in was in un-
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`launched prior to that point, i.e. when the user was navigating the menus of the user
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`interface. (Ex. 1004 at ¶ 49.)
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`Thus, Blanchard discloses limitation [1e]. (Ex. 1004 at ¶¶ 47-49.)
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`In the alternative that the Board finds that the broadest reasonable
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`construction of this element is not disclosed by Blanchard, Blanchard renders this
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`element obvious. The mobile phones of the time normally had only one application
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`“launched” at a time, due to hardware constraints such as battery life and memory
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`capacity. (Ex. 1004 at ¶ 50.) It would have been obvious to a person of ordinary skill
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`Patent No. 8,713,476
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`Petition Requesting Inter Partes Review
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`in the art to implement the mobile phone of Blanchard in the manner that was normal
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`and routine at the time: by having the applications in “program memory 112” be in an
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`un-launched state while the user was navigating the menus provided by the separate
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`“user interface 200,” and to launch them only when the user selected data to be
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`shown in an application, such as “Text Msg[07].” (Ex. 1004 at ¶ 51.) This would
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`have been the predictable result of combining known elements performing their
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`known functions, consistent with the architecture of the Blanchard mobile phone,
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`which has separate structure for the “program memory” and the “user interface”
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`containing the application summary. (Ex. 1004 at ¶ 51.)
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` [4] “4. The computing device of claim 1 in which a user can define what data
`types are of interest to that user for the summary for an application.”
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`Blanchard teaches that the “terminal” (i.e., the mobile telephone) “includes
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`suitable coding for assigning a priority to either the status or header-type information
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`or to the menu typ