IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`James J. Fallon, et al.
`In re Patent of:
`7,181,608 Attorney Docket No.: 39521-0023IP1
`U.S. Patent No.:
`February 20, 2007 Control No. IPR2016-01365
`Issue Date:
`Appl. Serial No.: 09/776,267
`
`Filing Date:
`February 2, 2001
`
`Title:
`SYSTEMS AND METHODS FOR ACCELERATED LOADING
`OF OPERATING SYSTEMS AND APPLICATION PROGRAMS
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 7,181,608 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`
`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`TABLE OF CONTENTS
`
`I. 
`
`IV. 
`
`MANDATORY NOTICES UNDER 37 C.F.R § 42.8 ....................................... 1 
`A.  Real Party-In-Interest ....................................................................................... 1 
`B.  Related Matters ................................................................................................. 1 
`C.  Lead And Back-Up Counsel ........................................................................... 1 
`D.  Service Information .......................................................................................... 1 
`PAYMENT OF FEES ............................................................................................. 2 
`II. 
`III.  REQUIREMENTS FOR IPR ................................................................................. 2 
`A.  Grounds for Standing ....................................................................................... 2 
`B.  Challenge and Relief Requested .................................................................... 2 
`INTRODUCTION ................................................................................................... 3 
`A.  ’608 Patent Overview ...................................................................................... 3 
`B.  Sukegawa Shows That Preloading Was Known To Decrease Computer
`System Boot Time ............................................................................................ 5 
`C.  Dye Confirms that Compression Was Well-Known and Would Have
`Been Obvious to Add to Sukegawa ............................................................. 10 
`D.  Settsu and Burrows Further Confirm that Compression Was Well-
`Known and Would Have Been Obvious to Add to Sukegawa ................ 15 
`CLAIM CONSTRUCTION ................................................................................. 20 
`V. 
`VI.  APPLICATION OF PRIOR ART TO CHALLENGED CLAIMS ................ 24 
`A.  GROUND 1 – Claims 1-31 are obvious over Sukegawa and Dye ......... 24 
`B.  GROUNDS 2-4 – Claims 1-31 are obvious over Sukegawa and Dye in
`view of Settsu and/or Burrows ..................................................................... 67 
`VII.  CONCLUSION ...................................................................................................... 71 
`
`i
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`

`
`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 7,181,608 to Fallon, et al. (“the ’608 Patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’608 Patent (“the
`Prosecution History”)
`
`APPLE-1003
`
`Declaration of Dr. Charles J. Neuhauser (“Dec.”)
`
`APPLE-1004
`
`Curriculum Vitae of Dr. Charles J. Neuhauser
`
`APPLE-1005
`
`U.S. Patent No. 5,860,083 (“Sukegawa”)
`
`APPLE-1006
`
`U.S. Patent No. 6,374,353 (“Settsu”)
`
`APPLE-1007
`
`Burrows et al., “On-line Data Compression in a Log-structured
`File System” (1992) (“Burrows”)
`
`APPLE-1008
`
`U.S. Patent No. 6,145,069 (“Dye”)
`
`APPLE-1009
`
`U.S. Patent No. 7,190,284 (“Dye ’284”)
`
`APPLE-1010
`
`Jeff Prosise, DOS 6 – The Ultimate Software Bundle?, PC
`MAGAZINE, Apr. 13, 1993 (“Prosise”)
`
`APPLE-1011
`
`Excerpts from John L. Hennessey & David A. Patterson, Com-
`puter Architecture a Quantitative Approach (1st ed. 1990)
`(“Hennessey”)
`
`APPLE-1012
`
`U.S. Patent No. 6,158,000 (“Collins”)
`
`APPLE-1013
`
`File, Microsoft Press Computer Dictionary (3d ed. 1997)
`
`APPLE-1014
`
`Excerpts from Tom Shanley & Don Anderson, PCI System Ar-
`chitecture, (4th ed. 1999) (“Shanley”)
`
`ii
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`

`
`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Jacob Ziv & Abraham Lempel, A Universal Algorithm for Se-
`quential Data Compression, IT-23 No. 3 IEEE TRANSACTIONS
`ON INFORMATION THEORY 337 (1977)(“Ziv”)
`
`James A. Storer & Thomas G. Szymanski, Data Compression
`via Textual Substitution, 19 No. 4 JOURNAL OF THE ASSOCIA-
`TION FOR COMPUTING MACHINERY (1982)(“Storer”)
`
`APPLE-1015
`
`APPLE-1016
`
`
`
`iii
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`

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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Apple Inc. petitions for inter partes review (“IPR”) of claims 1-31 (“the
`
`Challenged Claims”) of U.S. 7,181,608 (“’608 Patent”). IPR should be instituted,
`
`as a reasonable likelihood exists that Apple will prevail in proving the Challenged
`
`Claims unpatentable.
`
`I. MANDATORY NOTICES UNDER 37 C.F.R § 42.8
`A. Real Party-In-Interest
`Apple Inc. is the real party-in-interest.
`
`
`
`B. Related Matters
`Apple is not aware of any disclaimers, certificates, or petitions for IPR for
`
`the ’608 Patent. The ’608 Patent has been the subject of two civil actions in the
`
`Eastern District of Texas, captioned as Civil Action Nos. 4-14-cv-00827 and 6:15-
`
`cv-00885, and one civil action in the Northern District of California, captioned as
`
`Civil Action No. 3-16-cv-02595 (currently pending).
`
`C. Lead And Back-Up Counsel
`
`Backup Counsel
`Jeremy Monaldo, Reg. No. 58,680
`Andrew Patrick, Reg. No. 63,471
`Katherine A. Vidal, Reg. No. 46,333
`
`
`Lead Counsel
`W. Karl Renner, Reg. No. 41,265
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR39521-0023IP1@fr.com
`
`
`Service Information
`
`D.
`Please address correspondence/service to the address listed above. Apple
`
`consents to electronic service by email at IPR39521-0023IP1@fr.com.
`
`1
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`

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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`
`PAYMENT OF FEES
`
`II.
`Apple authorizes charge of necessary fees to Deposit Acct. 06-1050.
`
`III. REQUIREMENTS FOR IPR
`
`A. Grounds for Standing
`Apple certifies that the ’608 Patent is available for IPR. This Petition is be-
`
`ing filed within one year of service of a complaint against Apple on October 8,
`
`2015. Apple is not barred or estopped from requesting review of the Challenged
`
`Claims.
`
`B. Challenge and Relief Requested
`Apple requests IPR of the Challenged Claims on the grounds in the table be-
`
`low, as explained below and in Exhibit APPLE-1003, the Declaration of Dr.
`
`Charles J. Neuhauser (“Dec.”).
`
`’608 Claims
`Ground
`Ground 1 1-31
`Ground 2 1-31
`Ground 3 1-31
`Ground 4 1-31
`
`Basis
`Obvious over Sukegawa and Dye
`Obvious over Sukegawa, Dye, and Settsu
`Obvious over Sukegawa, Dye, and Burrows
`Obvious over Sukegawa, Dye, Settsu, and Bur-
`rows
`
`The earliest proclaimed priority date of the ’608 Patent is February 3, 2000.
`
`As shown below, each reference pre-dates this date and qualifies as prior art:
`
`Reference
`Sukegawa
`Settsu
`
`Date
`Jan. 12, 1999 (issued)
`Mar. 3, 1999 (filed)
`
`§102
`102(b)
`102(e)
`
`2
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`

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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`§102
`102(b)
`102(e)
`
`Date
`Reference
`1992 (published)
`Burrows
`Apr. 26, 1999 (filed)
`Dye
`IV.
`INTRODUCTION
`A.
`The ’608 Patent relates “to data storage controllers” that “provide acceler-
`
`’608 Patent Overview
`
`ated loading of operating systems and application programs.” ’608, 1:15-21. As
`
`depicted by the version of FIG. 1 below, the ’608 Patent describes a data storage
`
`controller 10 that is “operatively connected” to a hard disk 11 and to a host sys-
`
`tem’s bus 16. Id., 6:3-63. The controller 10 includes a cache 13 for data stor-
`
`age/preloading, and a data compression engine 12 for data compression/decom-
`
`pression. Id., 6:3-63, 21:45-23:10.
`
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`3
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`The ’608 Patent explains that, following reset or power on of a computer
`
`system, the “initial bus commands inevitably instruct the boot device controller
`
`[e.g., controller 10] to retrieve data from the boot device (such as a disk) [e.g., hard
`
`disk 11] for the operating system.” Id., 21:31-44. The ’608 Patent recognizes that
`
`this functionality results in a problem of slow boot of the computer system. Id.
`
`As a solution, the ’608 Patent proposes that “a data storage controller …
`
`may employ a technique of data preloading to decrease the computer system boot
`
`time.” Id., 21:45-48. For example, “[s]ince the same portions of the operating sys-
`
`tem must be loaded upon each boot process,” the controller, “prior to host system
`
`reset,” “can proceed to pre-load the portions of the computer operating system
`
`from the boot device (e.g., hard disk) into the on-board cache memory.” Id.,
`
`21:53-65. “In addition to preloading operating system data,” the controller pre-
`
`loads “other data that the user would likely want to use at startup,” including data
`
`related to a “frequently used application” and “any number of document files.” Id.,
`
`22:9-13. “Once the data is preloaded, when the computer system bus issues its
`
`first commands” to the controller, the “data will already be available in the [con-
`
`troller’s] cache memory,” enabling the controller to “instantly start transmitting the
`
`data to the system bus,” which results in a faster boot process. Id., 21:66-22:4.
`
`The ’608 Patent describes two techniques “that would allow the data storage
`
`controller to know what data to preload from the boot device.” Id., 22:14-17.
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`First, the ’608 Patent describes that “[o]ne technique utilizes a custom utility pro-
`
`gram that would allow the user to specify what applications/data should be pre-
`
`loaded.” Id., 22:14-19. With this first technique, the user selects the “applica-
`
`tions/data” that “should be preloaded” to the cache to speed the boot process. Id.
`
`As a second technique, the ’608 Patent describes “an automatic process that
`
`requires no input from the user,” in which the controller maintains a list of data as-
`
`sociated with requests received from “the host system after a power-on/reset.” Id.,
`
`22:20-23:10. With this second technique, the controller analyzes actual data re-
`
`quests that result from power-on/reset and automatically selects the applica-
`
`tions/data to preload to the cache to speed the boot process. See id.
`
`To supplement preloading, the ’608 Patent contemplates using compression
`
`on the preloaded data. Id., 22:4-8. In this case, “if the data was stored in com-
`
`pressed format on the boot device, the data will be decompressed” “[b]efore trans-
`
`mission to the bus.” Id., 22:4-8. With this structure, the ’608 Patent contends that
`
`preloading required (compressed) portions of the operating system reduces the
`
`computer boot process time. Id., 22:6-8. That said, the ’608 Patent focuses on pre-
`
`loading as being innovative, noting that “the quick boot and quick launch methods
`
`… may or may not utilize data compression/decompression.” Id., 24:20-23.
`
`B.
`
`Sukegawa Shows That Preloading Was Known To Decrease
`Computer System Boot Time
`
`5
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`

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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Like the ’608 Patent, Sukegawa describes a controller that provides acceler-
`
`ated loading of an operating system (“OS”) and frequently used applications.
`
`Sukegawa, 5:15-6:17, 6:19-58, 7:28-55. In fact, and as explained in detail below,
`
`Sukegawa’s controller operates in a technical environment that is highly similar to
`
`that described by the ’608 Patent. See id., FIG. 1 (depicting a controller, host sys-
`
`tem, hard disk drive, and flash memory).
`
`As depicted by the version of Sukegawa’s FIG. 1 below, Sukegawa de-
`
`scribes a controller 3 that, like the ’608 Patent’s controller 10, “is provided be-
`
`tween [a] host system” and a hard disk drive (“HDD”). Id., 4:1-30. Also, like
`
`the’608 Patent’s controller 10, Sukegawa’s controller 3 uses a flash memory unit
`
`as a cache memory. Id., 4:1-21, 5:10-13, 6:18-26, 7:35-39. With this structure,
`
`Sukegawa’s controller 3 “performs data input/output control (including cache oper-
`
`ation control) for the flash memory unit 1 and HDD [2]” and handles “access re-
`
`quests (read/write commands) issued from the host system 4 to the HDD.” Id.
`
`Thus, Sukegawa teaches a controller that is highly similar to that described by the
`
`’608 Patent.
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`
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`In addition, Sukegawa recognizes the same problem as the ’608 Patent;
`
`namely, that computer systems reliant on hard disks for storage of boot data suffer
`
`from slow boot speeds. See id., 1:9-49. In particular, Sukegawa notes that, when
`
`the operating system (OS) and frequently used application programs (AP) are
`
`“started up by using the low access-speed HDD,” the “low access speed of the
`
`HDD elongates the time needed to start up the OS and AP,” which “is considered a
`
`serious problem.” Id., 1:42-49.
`
`To address this problem, Sukegawa proposes “a cache system for an HDD,
`
`which uses a flash memory unit.” Id., 1:50-53. Because “[t]he flash memory … is
`
`a non-volatile storage medium and has a higher access speed than the HDD,” “the
`
`cache function is effectively performed at the time of turning on power.” Id., 53-
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`61. Indeed, “information … necessary for starting up” “the OS and AP are perma-
`
`nently stored [i.e., preloaded] in the flash memory since the frequency of use of
`
`both programs is high.” Id., 2:11-16. With this preloading, “when the OS is
`
`started at the time of the next turning-on of power,” Sukegawa’s controller 3 reads
`
`out control information “not from the HDD 2 but from the [flash memory]” and
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`transfers the control information “to the host system 4.” Id., 5:14-6:17, 6:19-58,
`
`7:28-55. “As a result, the OS can be started at higher speed.” Id., 6:7-10, 6:57-58.
`
`Sukegawa even describes the same two techniques used by the ’608 Patent
`
`to select data to preload. Similar to the ’608 Patent, the first technique that Sukeg-
`
`awa describes is preloading user-selected data. Compare Sukegawa, 5:10-53, 6:3-
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`66 to ’608, 22:14-19.
`
`For example, a “user starts a data storage utility program of the cache system
`
`controller 3” and “the user sets the permanent storage area 10A in the flash
`
`memory unit 1.” Sukegawa, 5:10-53, 6:3-66. Specifically, in Sukegawa, the user
`
`designates “the frequently used AP” to preload in “the permanent storage area 10A
`
`until the user instructs the deletion” and “the user can refer to, or delete, the OS
`
`control information on an as-needed basis.” Id. Thus, Sukegawa uses the perma-
`
`nent storage area 10A of the flash memory unit 1 to preload user-selected data. Id.
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`As a second technique, Sukegawa describes automated selection of data to
`
`preload similar to the second technique used by the ’608 Patent. Compare Sukeg-
`
`awa, 7:46-55 to ’608, 22:20-23:10.
`
`For instance, when “the host system 4 issues [a] read command to the HDD
`
`2,” Sukegawa’s controller 3 “determines whether the data to be accessed (e.g. AP
`
`control information) is stored in the permanent storage area 10A or non-volatile
`
`cache area 10C.” Sukegawa, 1:39-2:16; 7:28-55. To complement the user se-
`
`lected data preloaded to the permanent storage area 10A, Sukegawa’s controller 3
`
`automatically selects data to preload to the non-volatile cache area 10C. Dec.,
`
`¶110. Specifically, if the data to be accessed is not already stored in either of areas
`
`10A or 10C, “the controller 3 stores the data in the non-volatile cache area 10C
`
`which is used as an ordinary cache memory area.” Id., 7:46-49. Consistent with
`
`ordinary cache operation, Sukegawa manages the non-volatile cache area 10C us-
`
`ing an automated process based on “the frequency of use (access frequency).” Id.,
`
`11:7-42. Thus, Sukegawa’s controller 3 preloads frequently used data to the non-
`
`volatile cache area 10C such that the “flash memory can effectively perform the
`
`cache function for the HDD even when the power is turned on.” Id., 1:62-64. In
`
`this way, Sukegawa uses the non-volatile cache area 10C of the flash memory unit
`
`1 to preload automatically-selected data. Id., 1:39-2:16; 7:28-55, 7:46-49, 11:7-42;
`
`Dec., ¶¶114-115.
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`9
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Through these two techniques (a first technique of preloading user-selected
`
`data and a second technique of preloading automatically-selected data), Sukeg-
`
`awa’s controller 3 uses preloading to speed up a host system’s boot process in the
`
`same two ways described by the ’608 Patent. Dec., ¶¶55-58 Specifically, and as
`
`explained above in Section IV.A., the ’608 Patent describes speeding its host sys-
`
`tem’s boot process using a first technique “that would allow the user to specify
`
`what applications/data should be preloaded,” and a second technique that is “an au-
`
`tomatic process that requires no input from the user.” ’608, 22:14-23:10. Sukeg-
`
`awa shows that each of these preloading techniques was known prior to the ’608
`
`Patent. Dec., ¶¶55-58, 108-115; Sukegawa, 5:10-53, 6:3-66, 7:46-55.
`
`C. Dye Confirms that Compression Was Well-Known and
`Would Have Been Obvious to Add to Sukegawa
`
`Data compression/decompression was well-known by February 3, 2000,
`
`the’608 Patent’s earliest priority date, and a person of ordinary skill in the art as of
`
`that date (“POSITA”) would have been motivated to add compression/decompres-
`
`sion to Sukegawa to further speed its boot process. Dec., ¶¶61-71. Indeed, “since
`
`the storage area of the flash memory is limited” in Sukegawa, a POSITA would
`
`have appreciated how compression would have improved the storage capacity of
`
`Sukegawa’s flash memory unit 1, as well as the speed of data access. Dec., ¶241;
`
`Sukegawa, 2:28-29.
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Dye confirms that compression/decompression was well-known to increase
`
`storage capacity and the speed of accessing data from a flash memory, and would
`
`have motivated use of compression/decompression on data stored on Sukegawa’s
`
`flash memory unit 1. Dec., ¶¶61-71.
`
`Dye describes a “Compression Enhanced Flash Memory Controller” that
`
`“uses data compression and decompression for improved system cost and perfor-
`
`mance.” Dye, Abstract. As depicted by the version of Dye’s FIG. 3 below, Dye
`
`describes a controller “with embedded parallel compression and/or decompression
`
`capability” that is coupled to a flash memory array 100 and a host system bus 118.
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`Id., 2:42-4:55, 7:59-9:5. Dye uses the controller’s “fast parallel compression and
`
`decompression technology … to increase the effective density and read access time
`
`of non-volatile storage devices,” including flash memory array 100, effectively
`
`“matching the data access speeds ... to that of the microprocessor.” Dye, Abstract,
`
`7:34-43; Dec., ¶137. Indeed, Dye’s compression/decompression “embed[s] into
`
`prior art flash memory control circuits” and “substantially improves bandwidth and
`
`effective storage density,” which results in a “lower cost system” where “conven-
`
`tional standard Flash Memory cells … achieve higher bandwidth, more effective
`
`density, with less system power and noise.” Id., Abstract, 2:32-39, 3:3-28, 4:44-
`
`55, 7:31-58, 17:19-38.
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`11
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`
`
`
`Based on the benefits advanced by Dye including “the advantages of using
`
`compression and decompression,” a POSITA would have been motivated to apply
`
`Dye’s compression/decompression techniques to Sukegawa’s controller 3 and flash
`
`memory unit 1 to achieve Dye’s increased flash memory density and faster flash
`
`memory access time. Id.; Dec., ¶¶61-71, 138.
`
`In addition, the use of Dye’s compression/decompression technology is not
`
`limited to flash memory. Dec., ¶45. Dye claims priority to application “No.
`
`09/239,659,” which issued as U.S. Patent No. 7,190,284 (“Dye ’284”). Dye ’284
`
`is “incorporated by reference in its entirety,” making Dye ’284 part of Dye’s dis-
`
`closure. Through this incorporation, Dye confirms that the controller “may couple
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`12
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`to any of various types of memory, as desired,” enabling it to “greatly increas[e]
`
`the performance of the computer system.” Dye ’284, 10:19-41.
`
`For example, Dye ’284 discloses that computer systems typically include
`
`“non-volatile memory, e.g., [a] hard disk,” that “programs and data are generally
`
`stored on the hard disk,” and that, “[i]f a software compression application is being
`
`used, data may be stored on the hard disk … in compressed format.” Dye ’284,
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`8:44-53. In accessing compressed data from the hard disk, Dye ’284 confirms that
`
`data is read from the hard disk in compressed format, and stored in memory with-
`
`out having to first be decompressed. Dye ’284, 11:54-12:33; Dec., ¶¶45, 62. In-
`
`deed, “application data and/or program code, i.e., any data in the system,” can
`
`“move about the system in a compressed format,” be “saved in either a normal or
`
`compressed format, retrieved from the memory for CPU usage in a normal or com-
`
`pressed format, or transmitted and stored on a medium in a normal or compressed
`
`format.” Dye ’284, 4:16-24, 11:28-37. And, “where the data is stored in the
`
`memory [e.g., flash memory] in a compressed format, a CPU access of the data re-
`
`sults in the data being decompressed and provided to the CPU,” thereby increasing
`
`the data’s read access rate. Dye ’284, 12:19-22; Dye, Abstract, 7:34-43. Thus,
`
`Dye describes benefits of using compression in several types of storage devices, in-
`
`cluding hard disks, such as Sukegawa’s HDD2, and flash memory devices, such as
`
`13
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Sukegawa’s flash memory unit 1. Dec., ¶62; see Dye ’284, 4:16-20, 8:44-45,
`
`11:32-35, 11:56-12:7, 12:61-13:7, 13:52-53, 50:49-50.
`
`Dye ’284, moreover, describes the use of a controller including “the com-
`
`pression/decompression engine” to compress the same types of data that are stored
`
`in Sukegawa’s HDD2 and flash memory unit 1: namely, “application data” and
`
`“operating system data.” Dye ’284, 11:32-35, 38:29-39:44, FIGS. 22, 23.
`
`Through this description in Dye (including the incorporated description from
`
`Dye ’284), a POSITA would have been motivated to modify Sukegawa’s control-
`
`ler 3 to perform compression/decompression on data stored in Sukegawa’s
`
`memory devices at a rate that speeds up data access time from those devices,
`
`thereby further increasing the speed of Sukegawa’s boot process. Dec., ¶¶67-71.
`
`Specifically, a POSITA would have found it obvious to modify Sukegawa’s
`
`controller 3 to use an embedded compression/decompression engine that increases
`
`the effective access rate of data from the flash memory unit 1 and HDD2. Id.,
`
`¶¶67, 120.
`
`As shown below in the combination of Sukegawa’s Fig. 1 and Dye’s Fig. 3,
`
`a POSITA would have modified Sukegawa’s controller 3 to include a compres-
`
`sion/decompression engine, such as Dye’s, to maintain data stored on the flash
`
`memory unit 1 and HDD2 in compressed form, and to service requests from
`
`Sukegawa’s host system by accessing compressed data from flash memory unit 1
`
`14
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`and decompressing the compressed data at a rate that increases flash memory unit
`
`1’s effective access rate. Id., ¶¶67, 120.
`
`
`
`With the increase in data access rates and data storage capacity, a POSITA
`
`would have understood that preloading compressed control information would fur-
`
`ther speed Sukegawa’s boot process and, thus, further improve on Sukegawa’s
`
`stated desire to increase boot speed. Id., ¶¶61-71. With these modifications,
`
`Sukegawa’s modified system operates similarly to the ’608 Patent. And, as ex-
`
`plained below in Ground 1, Sukegawa and Dye render obvious all of the Chal-
`
`lenged Claims.
`
`D.
`
`Settsu and Burrows Further Confirm that Compression
`Was Well-Known and Would Have Been Obvious to Add to
`Sukegawa
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`15
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Settsu and Burrows further confirm that compression was well-known prior
`
`to the ’608 Patent and provide additional support for adding compression into
`
`Sukegawa to further speed Sukegawa’s boot process. Specifically, Settsu and Bur-
`
`rows, like Dye, both motivate the use of compression/decompression to increase
`
`storage capacity and data bandwidth. Dec., ¶72. Settsu complements Dye by ex-
`
`plicitly motivating the use of compression/decompression to increase the speed of
`
`a boot process. Dec., ¶¶73, 77. And Burrows complements Dye by further moti-
`
`vating the use of compression/decompression to increase capacity and access rate
`
`for hard disks. Dec., ¶¶74-77. Accordingly, Petitioner proposes, as Grounds 2-4,
`
`combinations of Sukegawa and Dye with Settsu and/or Burrows.
`
`Settsu “relates to booting an information processing apparatus at a high
`
`speed,” and describes storing an OS “as compressed files in [a] file system” of a
`
`hard disk “boot device.” Settsu, Abstract 1:1-4, 1:51-57, 3:6-9. 13:49-15:5. As
`
`part of the boot process, Settsu accesses these compressed OS files from the boot
`
`device’s file system, loads them “into [a] memory 2 as compressed data,” and then
`
`decompresses the OS files to facilitate a computer system’s boot process. Id. By
`
`using compression, Settsu explains that “the time required for I/O processing can
`
`be reduced,” which “further reduce[s] the time required for booting up.” Id.,
`
`14:58-15:5.
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`16
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`From this description, Settsu would have further motivated a POSITA to
`
`modify Sukegawa to use compression/decompression to achieve a further reduc-
`
`tion in the time required for booting up. Dec., ¶127. Because Settsu achieves a
`
`further reduction in the time required for booting by using compression/decom-
`
`pression on data loaded from the hard disk boot device, a POSITA would have
`
`been motivated to use compression/decompression on the Sukegawa data pre-
`
`loaded from its hard disk boot device (i.e., HDD2). Dec., ¶127.
`
`Accordingly, consistent with Settsu’s disclosure of storing compressed OS
`
`files, loading them into memory as compressed data, and decompressing them
`
`upon need, a POSITA would have been motivated by Settsu to store Sukegawa’s
`
`control information (e.g., OS and AP) on HDD2 in compressed form, to load the
`
`compressed control information from the HDD2 into Sukegawa’s flash memory
`
`unit 1 as compressed data, and to decompress the control information from the
`
`flash memory unit 1 when servicing requests from Sukegawa’s host system. Id.
`
`Indeed, before the ’608 Patent, compression/decompression was well-known
`
`to increase storage capacity and speed the access rate of stored data from the stor-
`
`age devices used in Sukegawa. Dec., ¶¶124-127. Burrows confirms that compres-
`
`sion/decompression was well-known to increase the speed of accessing data from a
`
`hard disk, such as Sukegawa’s HDD2.
`
`17
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`
`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Burrows describes that “a file system that compresses the data that it stores
`
`on disk is clearly an attractive idea.” Burrows, pg. 1 ¶3. In addition to the fact that
`
`“more data would fit on the disk,” “if a fast hardware data compressor could be put
`
`into the data path to disk, it would increase the effective disk transfer rate by the
`
`compression factor, thus speeding up the system.” Id. Further, Burrows recog-
`
`nized in 1992 that “[h]ardware compression devices ... are already available that
`
`operate at speeds exceeding disk transfer rates.” Id., pg. 1 ¶¶2, 3; Dec., ¶142.
`
`From this description, a POSITA would have been motivated to use compres-
`
`sion/decompression on data stored on Sukegawa’s HDD2. Dec., ¶¶142-143.
`
`And, as described in Section IV.C., Dye confirms that compression/decom-
`
`pression was known to increase the speed of accessing data from a flash memory,
`
`such as Sukegawa’s flash memory unit 1.
`
`With all of this background and disclosure of benefits of compression, a
`
`POSITA would have been motivated by Dye, Settsu, and/or Burrows to use com-
`
`pression/decompression in Sukegawa to further increase the speed of Sukegawa’s
`
`boot process (per Dye and Settsu). Indeed, a POSITA would have been motivated
`
`to use compression/decompression that increases the effective access rate from
`
`Sukegawa’s HDD2 (per Burrows) and also increases the effective access rate from
`
`Sukegawa’s flash memory unit 1 (per Dye). Dec., ¶143.
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`18
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`Specifically, Settsu and/or Burrows would have provided a POSITA with
`
`additional motivation to modify Sukegawa’s controller 3 to include a compres-
`
`sion/decompression engine, such as Dye’s, to maintain data stored on the flash
`
`memory unit 1 and HDD2 in compressed form, and to service requests from
`
`Sukegawa’s host system by accessing compressed data from flash memory unit 1
`
`and decompressing the compressed data at a rate that increases flash memory unit
`
`1’s effective access rate. Dec., ¶¶143-144.
`
`
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`
`V. CLAIM CONSTRUCTION
`The broadest reasonable construction is applied herein.1 For purposes of
`
`IPR, “boot data” should be construed broadly enough to include and be met by data
`
`associated with data requests expected to result from a system power-on/reset.
`
`Dec., ¶79.
`
`Claims 1, 2, 4-7, 10, and 12-31 of the ’608 Patent each recite “boot data.”
`
`Claim 1 of the ’608 Patent recites “maintaining a list of boot data used for booting
`
`a computer system ... preloading the boot data into a cache memory ... and servic-
`
`ing requests for boot data from the computer system using the preloaded boot data
`
`....” ’608, 27:43-60.
`
`A POSITA would have understood that boot data includes operating system
`
`data. Dec., ¶81. Claim 2 recites that “the boot data comprises program code asso-
`
`ciated with … an operating system of the computer system.” ’608, 27:61-64.
`
`
`1 The claim construction standard for district court (“ordinary and customary
`
`meaning”) is different than the broadest reasonable interpretation standard applied
`
`in IPR. Due to the different standards, disclosure of the references identified by
`
`Petitioner as teaching a claim term of the ’608 Patent is not an admission that the
`
`claim term is met by any disclosure for infringement purposes, or that the claim
`
`term is enabled or meets the requirements for written description.
`
`
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`Attorney Docket No. 39521-0023IP1
`IPR of U.S. Patent No. 7,181,608
`The ’608 Patent’s specification also describes that boot data includes operat-
`
`ing system data. Id., Abstract; 3:47-49; 9:22-27; 21:31-22:8. For instance, the
`
`’608 Patent describes the “operating system” as an example of boot data retrieved
`
`“upon host computer power-up and/or assertion of a system-level ‘reset.’” Id.,
`
`9:22-27 (“boot data (e.g., operating system, etc.)”). The ’608 Patent also describes
`
`preloading “the portions of the computer operating system from the boot device
`
`(e.g., hard disk) into the on-board cache memory.” Id., 21:53-56. “Since the same
`
`portions of the operating system must be loaded upon each boot process, it is ad-
`
`vantageous for the boot device controller to preload such portions and not wait un-
`
`til it is commanded to load the operating system.” Id., 21:48-62. Indeed, “[o]nce
`
`the data is preloaded, when the computer system bus issues its first read commands
`
`to the data storage controller seeking operating system data, the data will already
`
`be available in the cache memory of the data storage controller.” Id., 21:66-22:2.
`
`As this disclosure confirms, the preloaded boot data includes operating system data
`
`because operating system data is expected to be requested after a system power-
`
`on/reset. Dec