William H. Manning (pro hac vice)
`wmanning@robinskaplan.com
`Aaron R. Fahrenkrog (pro hac vice)
`afahrenkrog@robinskaplan.com
`John K. Harting (pro hac vice)
`jharting@robinskaplan.com
`Benjamen C. Linden (pro hac vice)
`blinden@robinskaplan.com
`ROBINS KAPLAN LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402–2015
`Telephone: 612-349-8500
`Facsimile: 612-339-4181
`
`Christine S. Yun Sauer (pro hac vice)
`(Admitted to MN; Not admitted to CA)
`ROBINS KAPLAN LLP
`2440 West El Camino Real, Suite 100
`Mountain View, CA 94040
`Telephone: 650-784-4040
`Facsimile: 650-784-4041
`cyunsauer@robinskaplan.com
`
`Attorneys for Plaintiff
`Corel Software, LLC
`
`Jonathan O. Hafen (Utah Bar. No. 6096)
`jhafen@parrbrown.com
`Terry E. Welch (Utah Bar. No. 5819)
`twelch@parrbrown.com
`Stephen J. Hill (Utah Bar. No. 1493)
`shill@parrbrown.com
`Chad S. Pehrson (Utah Bar No. 12622)
`cpehrson@parrbrown.com
`PARR BROWN GEE & LOVELESS
`101 South 200 East, Suite 700
`Salt Lake City, UT 84111
`Telephone: 801-532-7840
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
`
`
` Case No. 2:15-cv-00528-JNP-PMW
`
`
`
`PLAINTIFF COREL SOFTWARE,
`LLC’S SECOND AMENDED AND
`SUPPLEMENTAL RESPONSES TO
`DEFENDANT MICROSOFT
`CORPORATION’S FIRST SET OF
`INTERROGATORIES
`
`COREL SOFTWARE, LLC,
`
`Plaintiff,
`
`
`v.
`
`
`
`
`
`MICROSOFT CORPORATION,
`
`
`Defendant.
`
`
`
`
`
`
`
`1
`
`Corel Exhibit 2010
`Microsoft v. Corel
`IPR2016-01084
`
`
`wmanning@robinskaplan.com
`Aaron R. Fahrenkrog (pro hac vice)
`afahrenkrog@robinskaplan.com
`John K. Harting (pro hac vice)
`jharting@robinskaplan.com
`Benjamen C. Linden (pro hac vice)
`blinden@robinskaplan.com
`ROBINS KAPLAN LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402–2015
`Telephone: 612-349-8500
`Facsimile: 612-339-4181
`
`Christine S. Yun Sauer (pro hac vice)
`(Admitted to MN; Not admitted to CA)
`ROBINS KAPLAN LLP
`2440 West El Camino Real, Suite 100
`Mountain View, CA 94040
`Telephone: 650-784-4040
`Facsimile: 650-784-4041
`cyunsauer@robinskaplan.com
`
`Attorneys for Plaintiff
`Corel Software, LLC
`
`Jonathan O. Hafen (Utah Bar. No. 6096)
`jhafen@parrbrown.com
`Terry E. Welch (Utah Bar. No. 5819)
`twelch@parrbrown.com
`Stephen J. Hill (Utah Bar. No. 1493)
`shill@parrbrown.com
`Chad S. Pehrson (Utah Bar No. 12622)
`cpehrson@parrbrown.com
`PARR BROWN GEE & LOVELESS
`101 South 200 East, Suite 700
`Salt Lake City, UT 84111
`Telephone: 801-532-7840
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
`
`
` Case No. 2:15-cv-00528-JNP-PMW
`
`
`
`PLAINTIFF COREL SOFTWARE,
`LLC’S SECOND AMENDED AND
`SUPPLEMENTAL RESPONSES TO
`DEFENDANT MICROSOFT
`CORPORATION’S FIRST SET OF
`INTERROGATORIES
`
`COREL SOFTWARE, LLC,
`
`Plaintiff,
`
`
`v.
`
`
`
`
`
`MICROSOFT CORPORATION,
`
`
`Defendant.
`
`
`
`
`
`
`
`1
`
`Corel Exhibit 2010
`Microsoft v. Corel
`IPR2016-01084
`
`
`
`INTERROGATORY NO. 6:
`
`Describe in detail the factual and legal bases and supporting evidence for any
`
`secondary indicia of non-obviousness (e.g., alleged copying of the invention by Microsoft
`
`or others, failure of others, long felt need, unexpected results, commercial success,
`
`skepticism of experts, industry acclaim or acquiescence of competitors) You contend
`
`exists relating to any Asserted Claim(s).
`
`COREL’S SECOND SUPPLEMENTAL OBJECTIONS AND ANSWER TO
`
`INTERROGATORY NO. 6 [CONFIDENTIAL – ATTORNEYS’ EYES ONLY]:
`
`Corel objects to the extent this interrogatory seeks Privileged Materials. No
`
`Privileged Materials will be produced. Corel objects to the extent that the list of
`
`secondary indicia of non-obviousness in this interrogatory is not exhaustive of the types
`
`of such indicia. Corel objects to this Interrogatory as seeking a legal conclusion. As noted
`
`above, Corel objects to the definition of “Asserted Claims” as overbroad, unduly
`
`
`
`
`14
`
`
`
`burdensome, and as contravening the Local Patent Rules. Corel further objects that
`
`discovery is continuing, and Corel reserves the right to supplement, amend, and/or
`
`materially modify this response in all respects.
`
`Subject to the foregoing general and specific objections, Corel responds as
`
`follows:
`
`Copying: As evidenced at least by Corel’s Initial Infringement Contentions, Corel
`
`believes Microsoft copied the features recited in Corel’s claims, also closely tracking
`
`Corel’s name for the invention – “Real Time Preview,” by actively branding and
`
`promotion its own feature as “Live Preview.” As shown in Exhibit 2 to Corel’s Initial
`
`Infringement Contentions, over time Microsoft has increased the number of
`
`implementations of the Live Preview feature in its software products. Additional
`
`evidence of Microsoft’s copying is evidenced by the fact that Microsoft’s own documents
`
`show Microsoft was aware of, analyzed, and desired to incorporate Corel’s RealTime
`
`Preview feature. See MS_COREL_00015774 (Corel Dep. Ex. 16 and Corel Dep. Ex. 43),
`
`MS_COREL_00222073 (Corel Dep. Ex. 29), MS_COREL_00222085 (Corel Dep. Ex.
`
`28), MS_COREL_00211540 (Corel Dep. Ex. 86), MS_COREL_00223020 (Corel Dep.
`
`Ex. 85), and MS_COREL_00302147 (Corel Dep. Ex. 127); see also Sarah Gist Dep. Tr.
`
`at 174:21-176:1; Jacob Jaffe Dep. Tr. at 155:3-161:1, 192:7-193:25, 196:13-200:22;
`
`Aaron Butcher Dep. Tr. of at 221:3-236:7, 238:19-241:18; and Lee Hunt Dep. Tr. at
`
`133:25-139:7.
`
`Failure of Others & Long Felt Need: Microsoft’s prior attempts to provide a
`
`user with a preview of proposed formatting changes, a “preview pane,”
`
`
`
`
`15
`
`
`
`(MS_COREL_00015774 at 775-776) was a failure as Microsoft ultimately chose to
`
`incorporate Corel’s claimed inventions in Microsoft’s Live Preview feature. As
`
`evidenced by the Asserted Patents’ file histories, the failed “preview pane” or “viewing
`
`window” approach was also attempted by many other companies. Microsoft’s former
`
`Director of Microsoft Windows User Experience & Incubation Labs Group and Lead
`
`Program Manager, Microsoft Office and Outlook User Experience, Jensen Harris, also
`
`stated that it was “a huge challenge for our engineering team to build Live Preview into
`
`the wide variety of Office features; each of the applications has had its own unique set of
`
`compications [sic.].” MS_COREL_00014757 at 758.
`
`Commercial Success:
`
`The commercial success of the claimed inventions is evidenced by the sales of the
`
`Accused Products and the sales of the Corel Corporation products embodying the claimed
`
`inventions (noted above). The commercial success of the claimed inventions is also
`
`evidenced the vast and ever increasing implementations of Live Preview or related
`
`features in the Accused Products. (See, e.g., Exhibit 2 to Corel’s Initial Infringement
`
`Contentions). Microsoft’s own documents evidence that Microsoft and its consumers
`
`both loved the feature when it was added to Microsoft’s Accused Products. (See, e.g.,
`
`
`
`
`16
`
`
`
`
`
`MS_COREL_00000040 at 040; see also MS_COREL_00000314 at 350 (“Users love it”
`
`and “In-Ribbon galleries were designed especially to use Live Preview”),
`
`MS_COREL_00000646 (comparing the new user interface, including the use of Live
`
`Preview in the ribbon galleries, to former the user interface including Clippit, and noting
`
`that “[s]traightforward is better than clever.”) MS_COREL_00001492 (“The Value of
`
`Live Previews” is that “Live Preview is CORE to the Fluent UI experience; not a ‘nice to
`
`have’, not ‘just animation’. LP makes Fluent shine!”; “Feedback from Office 2007
`
`shows…Customers LOVE it! They really miss it in the galleries which don’t preview.
`
`They want us to add many more Live Previewing galleries in O14.”)
`
`Industry Acclaim
`
`Upon the initial release of Corel Office 2000, the first Corel product to incorporate
`
`Real Time Preview, the industry reviews of the Real Time Preview feature were positive
`
`and included much acclaim. See COREL0007907, COREL0007910, COREL0007913,
`
`COREL0007915, COREL0007918, COREL0007920, COREL0007923,
`
`COREL0007926, and COREL0007928.
`
`
`
`
`17
`
`
`
`Acquiescence of Competitors
`
`Despite Microsoft’s initial assessment that its “preview pane” was sufficient, and
`
`that a feature copying Corel’s Real Time Preview was not necessary,
`
`(MS_COREL_00015774 at 775-776) Microsoft ultimately acquiesced and implemented
`
`its “Live Preview” feature in its Office 2007 products, and has continued to expand its
`
`implementations of “Live Preview” ever since.
`
`
`
`
`18
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Benjamen C. Linden, hereby certify that on March 22, 2016, I served a copy of
`
`the forgoing document upon the following counsel of record for Microsoft Corporation
`
`via email:
`
`Karolina Jesien (pro hac vice)
`FISH & RICHARDSON P.C.
`601 Lexington Avenue, 52nd Floor
`New York, NY 10022
`Telephone: (212) 765-5070
`Facsimile: (212) 258-2291
`jesien@fr.com
`
`James S. Jardine (Utah Bar No. 1647)
`Samuel C. Straight (Utah Bar No. 7638) \
`RAY QUINNEY & NEBEKER P.C.
`36 South State Street, Suite 1400
`Salt Lake City, UT 84111
`Telephone: (801) 532-1500
`Facsimile: (801) 532-7543
`jjardine@rqn.com
`sstraight@rqn.com
`
`
`By: /s/ Benjamen C. Linden
`
`
`
`Frank E. Scherkenbach (pro hac vice)
`scherkenbach@fr.com
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02110
`Telephone: (617) 542-5070
`Facsimile: (617) 542-5071
`scherkenbach@fr.com
`
`Jonathan J. Lamberson (pro hac vice)
`Bryan K. Basso (pro hac vice)
`Cong Yao (pro hac vice)
`Holly K. Victorson (pro hac vice)
`FISH & RICHARDSON P.C.
`500 Arguello Street, Suite 500
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`Facsimile: (650) 839-5071
`lamberson@fr.com
`basso@fr.com
`yao@fr.com
`victorson@fr.com
`
`
`
`
`DATED: March 22, 2016
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