IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`James J. Fallon, et al.
`In re Patent of:
`8,880,862 Attorney Docket No.: 39521-0025IP1
`U.S. Patent No.:
`November 4, 2014
`
`Issue Date:
`Appl. Serial No.: 13/118,122
`
`Filing Date:
`May 27, 2011
`
`Title:
`SYSTEMS AND METHODS FOR ACCELERATED
`LOADING OF OPERATING SYSTEMS AND APPLICA-
`TION PROGRAMS
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 8,880,862 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`James J. Fallon, et al.
`In re Patent of:
`8,880,862 Attorney Docket No.: 39521-0025IP1
`U.S. Patent No.:
`November 4, 2014
`
`Issue Date:
`Appl. Serial No.: 13/118,122
`
`Filing Date:
`May 27, 2011
`
`Title:
`SYSTEMS AND METHODS FOR ACCELERATED
`LOADING OF OPERATING SYSTEMS AND APPLICA-
`TION PROGRAMS
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 8,880,862 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`TABLE OF CONTENTS
`
`I.
`
`II.
`III.
`
`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 .......................................................................................... 2
`PAYMENT ............................................................................................................... 2
`IPR REQUIREMENTS ........................................................................................... 2
`A. Standing ............................................................................................................. 2
`B. Challenge/Relief Requested ............................................................................ 2
`IV. CLAIM CONSTRUCTION ................................................................................... 3
`V. APPLICATION OF PRIOR ART TO CHALLENGED CLAIMS .................. 6
`A. GROUND 1 – Challenged Claims are obvious over Sukegawa and Dye 6
`B. GROUNDS 2-5 – Challenged Claims are obvious over Sukegawa and
`Dye in view of Settsu, Burrows, and/or Zwiegincew ............................... 59
`VI. CONCLUSION ...................................................................................................... 77
`
`
`
`i
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 8,880,862 to Fallon, et al. (“the ’862 Patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’862 Patent (“the
`Prosecution History”)
`
`APPLE-1003
`
`Declaration of Dr. Charlie Neuhauser (“Dec.”)
`
`APPLE-1004
`
`Curriculum Vitae of Dr. Charlie 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
`
`U.S. Patent No. 6,317,818 (“Zwiegincew”)
`
`APPLE-1011
`
`Jeff Prosise, DOS 6 – The Ultimate Software Bundle?, PC
`MAGAZINE, Apr. 13, 1993 (“Prosise”)
`
`APPLE-1012
`
`Excerpts from John L. Hennessey & David A. Patterson, Com-
`puter Architecture a Quantitative Approach (1st ed. 1990)
`(“Hennessey”)
`
`APPLE-1013
`
`(RESERVED)
`
`APPLE-1014
`
`File, Microsoft Press Computer Dictionary (3d ed. 1997)
`
`APPLE-1015
`
`Excerpts from Tom Shanley & Don Anderson, PCI System Ar-
`chitecture, (4th ed. 1999) (“Shanley”)
`
`ii
`
`
`
`APPLE-1016
`
`APPLE-1017
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`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-1018
`
`Program File, Microsoft Press Computer Dictionary (3d ed.
`1997)
`
`APPLE-1019
`
`Direct Memory Access, Microsoft Press Computer Dictionary
`(3d ed. 1997)
`
`APPLE-1020
`
`RAM and RAM Cache, Microsoft Press Computer Dictionary
`(3d ed. 1997)
`
`APPLE-1021
`
`Decoder, Microsoft Press Computer Dictionary (3d ed. 1997)
`
`APPLE-1022
`
`(RESERVED)
`
`APPLE-1023
`
`Excerpts from Kyle Loudon, Mastering Algorithms with C
`(1999) (“Loudon”)
`
`APPLE-1024
`
`Excerpts from Michael Barr, Programming Embedded Systems
`in C and C++ (1999)(“Barr”)
`
`APPLE-1025
`
`Excerpts from Eric Pearce, Windows NT in a Nutshell
`(1999)(“Pearce”)
`
`APPLE-1026
`
`Excerpts from Tim O’Reilly, Troy Mott, and Walter Glenn,
`Windows 98 in a Nutshell (1999)(“O’Reilly”)
`
`APPLE-1027
`
`Cache, Microsoft Press Computer Dictionary (3d ed. 1997)
`
`iii
`
`
`
`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`Apple Inc. petitions for inter partes review (“IPR”) of claims 1-4, 6-7, 13,
`
`23-34, 47-58, 83-96, 99-100, 105-111, 113, and 116 (“the Challenged Claims”) of
`
`U.S. 8,880,862 (“’862 Patent”). IPR should be instituted, as a reasonable likeli-
`
`hood 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 ’862 Patent. The ’862 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-0085, and one civil action in the Northern District of California, captioned as
`
`Civil Action No. 3-16-cv-02595 (currently pending). Apple previously filed two
`
`petitions for IPR of related patents in IPR control nos. IPR2016-01365 and
`
`IPR2016-01366. Apple is concurrently filing two additional petitions against the
`
`’862 Patent, each challenging different claims than challenged in this petition.
`
`C. Lead And Back-Up Counsel
`Lead Counsel
`W. Karl Renner, Reg. No. 41,265
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR39521-0025IP1@fr.com
`
`Backup Counsel
`Jeremy Monaldo, Reg. No. 58,680
`Andrew Patrick, Reg. No. 63,471
`Katherine A. Vidal, Reg. No. 46,333
`
`
`1
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`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`
`D.
`Service Information
`Please address all correspondence/service to the address listed above. Apple
`
`consents to electronic service by email at IPR39521-0025IP1@fr.com.
`
`II.
`PAYMENT
`Apple authorizes charge of necessary fees to Deposit Acct. 06-1050.
`
`III.
`
`IPR REQUIREMENTS
`
`A.
`Standing
`Apple certifies that the ’862 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/Relief Requested
`Apple requests IPR of all Challenged Claims on each of the five grounds in
`
`the below table, as explained below and in Exhibit APPLE-1003, the Declaration
`
`of Dr. Charles Neuhauser (“Dec.”).
`
`Ground
`1
`2
`3
`
`4
`
`Basis
`Obvious over Sukegawa and Dye
`Obvious over Sukegawa, Dye, and Settsu
`Obvious over Sukegawa, Dye, and Bur-
`rows
`Obvious over Sukegawa, Dye, Settsu, and
`Burrows
`
`2
`
`
`
`Ground
`5
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`Basis
`Obvious over Sukegawa, Dye, and Zwieg-
`incew
`
`
`
`The earliest proclaimed priority date of the ’862 Patent is February 3, 2000.
`
`As shown below, each reference pre-dates this date and qualifies as prior art:
`
`Reference
`Sukegawa
`Settsu
`Burrows
`Dye
`Zwiegincew
`
`Date
`Jan. 12, 1999 (issued)
`Mar. 3, 1999 (filed)
`1992 (published)
`Apr. 26, 1999 (filed)
`Mar. 30, 1999 (filed)
`
`Prior art §
`102(b)
`102(e)
`102(b)
`102(e)
`102(e)
`
`
`
`IV. 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
`
`
`1 The standard for district court (“ordinary and customary meaning”) is different
`
`than the standard applied in IPR. Due to the different standards, disclosure of the
`
`references identified by Petitioner as teaching a claim term of the ’862 Patent is not
`
`an admission that the claim term is met by any disclosure for infringement pur-
`
`poses, or that the claim term is enabled or meets the requirements for written de-
`
`scription.
`
`
`
`3
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`associated with data requests expected to result from a system power-on/reset.
`
`Dec., ¶100.
`
`Many claims of the ’862 Patent recite “boot data.” Claim 1 recites “loading
`
`a portion of boot data …; accessing the loaded portion of the boot data …; [and]
`
`decompressing the accessed portion of the boot data …, wherein the decompressed
`
`portion of boot data comprises a portion of the operating system.” ’862, 26:40-51.
`
`A POSITA would have understood that boot data includes operating system
`
`data. Dec., ¶¶101-102. Claim 15 recites that “the boot data comprises: a program
`
`code associated with the operating system.” ’862, 28:44-46. The ’862 Patent’s
`
`specification also describes that boot data includes operating system data. Id., Ab-
`
`stract; 3:47-49; 9:9-14; 20:36-21:12. For instance, the ’862 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., 9:9-14.
`
`A POSITA also would have understood that boot data includes data other
`
`than operating system data. Dec., ¶¶103-104. Claim 17 recites that “the boot data
`
`comprises: a program code associated with … an application program.” ’862,
`
`28:53-54. The ’862 Patent’s specification confirms that boot data includes data
`
`other than operating system data. Id., Abstract; 3:47-50; 9:9-14; 21:3-22:10. In-
`
`deed, the ’862 Patent describes preloading “computer operating systems and appli-
`
`4
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`
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`cations,” and that, “[i]n addition to preloading operating system data, the data stor-
`
`age controller could also preload other data that the user would likely want to use
`
`at startup,” including data associated with “a frequently used application such as a
`
`word processor and any number of document files.” Id., 21:3-17. As this disclo-
`
`sure confirms, the preloaded boot data includes other data (e.g., applications/files)
`
`because this other data is expected to be requested after a system power-on/reset.
`
`Id., 21:3-17; Dec., ¶105.
`
`This description is consistent with the ’862 Patent’s description of auto-
`
`mated preloading of any data requested after a system power-on/reset. Id., 21:24-
`
`22:11. In the ’862 Patent, the “data storage controller maintain[s] a list comprising
`
`the data associated with the first series of data requests received by the data storage
`
`controller by the host system after a power-on/reset.” Id., 21:24-30. The ’862 Pa-
`
`tent does not limit what type of data is contemplated by “the data associated with
`
`… data requests,” leaving the disclosure general and, under the broadest reasonable
`
`interpretation, covering any data requested by the system on/after startup, includ-
`
`ing operating system data, application data, and document files, as discussed
`
`above. Id., 21:12-22:11. In fact, the ’862 Patent defines “the boot data specified
`
`on the list” generally as “the data associated with the expected data requests.” Id.,
`
`21:43-48.
`
`5
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`Further, the ’862 Patent confirms that a “boot” includes a “power-on” or “re-
`
`set.” Id., 21:24-52. In fact, the ’862 Patent describes “an initial power-up event”
`
`as a “cold boot” and “resets” as “warm boots.” Id., 9:39-42; 12:34-41; 12:52-61.
`
`Thus, in the ’862 Patent, a “boot” involves “a system power-on/reset.” Dec.,
`
`¶¶106-107. Coupled with the general disclosure of “boot data” including data as-
`
`sociated with expected data requests, a POSITA would have understood that “boot
`
`data,” as used in the ’862 Patent, should be interpreted broadly enough to include
`
`and be met by “data associated with data requests expected to result from a system
`
`power-on/reset.” Dec., ¶¶100-107.
`
`V. APPLICATION OF PRIOR ART TO CHALLENGED CLAIMS
`A. GROUND 1 – Challenged Claims are obvious over Sukeg-
`awa and Dye
`1.0: A method for providing accelerated loading of an operating system in a
`
`computer system, the method comprising:
`
`
`
`Sukegawa describes a controller 3 that preloads control information neces-
`
`sary for starting a host system’s OS and frequently used application programs into
`
`flash memory unit 1, and uses the loaded control information to start the OS and
`
`6
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`application programs “at higher speed.” Sukegawa, 5:10-6:58, 7:28-552. Sukeg-
`
`awa’s host system “refers to a computer body comprising a CPU of the computer
`
`system ....” Id., 4:22-30. By preloading control information to start the OS and ap-
`
`plication programs “at higher speed,” Sukegawa’s controller 3 performs a method
`
`for providing accelerated loading of an operating system in a computer system.
`
`Dec., ¶¶27, 30-32, 70-72, 108-112.
`
`1.1: loading a portion of boot data in a compressed form that is associated
`
`with a portion of a boot data list for booting the computer system into a
`
`memory;
`
`As explained at Section IV., “boot data” should be construed broadly enough
`
`to include “data associated with data requests expected to result from a system
`
`power-on/reset.” Dec., ¶¶33, 113-114. Sukegawa describes boot data used for
`
`booting a computer system. Dec., ¶¶115-116.
`
`As depicted by the version of Sukegawa’s FIG. 1 presented below, Sukeg-
`
`awa describes a “controller 3 [that] controls the flash memory 1 and HDD2, as an
`
`
`2 Petitioner has cited relevant portions of prior art references throughout this Peti-
`
`tion; the citations are exemplary, and not intended to capture all portions of the
`
`prior art references that demonstrate the features described by Petitioner.
`
`7
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`integrated storage system, in accordance with access requests (read/write com-
`
`mands) issued from the host system 4 to the HDD.” Id., 4:26-30. Host system 4
`
`“refers to a computer body comprising a CPU of the computer system ....” Id.,
`
`4:22-30.
`
`
`To service requests, Sukegawa’s controller 3 uses “control information” that
`
`is expected to be “necessary for starting” a host system’s OS and application pro-
`
`grams, and accesses the control information “when the OS of the host system 4 is
`
`started in a series of operations from the turn-on of power to the completion of the
`
`8
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`starting operation,” and “when the AP is to be started.” Id., 2:65-3:3, 5:1-6:58,
`
`7:28-39.
`
`Because Sukegawa’s control information is associated with data requests ex-
`
`pected from a host computer system resulting from the turn-on of power, Sukeg-
`
`awa’s control information is boot data used for booting a computer system. Dec.,
`
`¶¶28-29, 117.
`
`Sukegawa also discloses loading this boot data. Dec., ¶118. In more detail,
`
`Sukegawa’s controller 3 loads boot data out of HDD2 and into flash memory 1 in
`
`performing “data input/output control (including cache operation control) for the
`
`flash memory unit 1 and HDD.” Sukegawa, 4:1-21, 5:1-7:2. Sukegawa describes
`
`two techniques for loading boot data: (1) user selection of data to load, and (2) au-
`
`tomatic selection of data to load. Sukegawa, 5:10-6:58, 7:28-55.
`
`
`
`With respect to the first loading technique, Sukegawa explains that a “data
`
`storage utility program of the cache system controller 3” reads user-specified con-
`
`trol information (boot data as described above) out of HDD2 and loads it “in the
`
`permanent storage area 10A” of flash memory 1, which has “a higher access speed
`
`than the HDD 2.” Id., 5:10-40, 6:19-58. This first loading technique is highly sim-
`
`ilar to a loading technique described in the ’862 Patent, which “utilizes a custom
`
`utility program that would allow the user to specify what applications/data should
`
`be loaded.” ’862, 21:18-23.
`
`9
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`With respect to the second loading technique, Sukegawa describes auto-
`
`
`
`mated loading of control information into flash memory 1’s non-volatile cache area
`
`10C, which is “used independently by controller 3,” rather than being “used by the
`
`user’s intent.” Sukegawa, 7:28-55. In this example, if controller 3 determines, in
`
`response to a read command issued by the host system 4 to HDD2, that the data to
`
`be accessed is not already present in areas 10A/10C, and is not data designated by
`
`the user, “the controller 3 stores the data in the non-volatile cache area 10C ....”
`
`Id., 7:40-55. This second loading technique is highly similar to a loading tech-
`
`nique described in the ’862 Patent, in which boot data is automatically maintained
`
`based on data requests. ’862, 21:24-52.
`
`Thus, by its description of loading control information into areas 10A/10C,
`
`Sukegawa discloses loading a portion of boot data into a memory. Dec., ¶¶34, 73-
`
`78, 119-121.
`
`Sukegawa describes that the loaded portion of boot data is associated with a
`
`portion of a boot data list. Dec., ¶¶122-127. Indeed, Sukegawa discloses multiple
`
`forms of boot data lists that are associated with loaded boot data, and that are used
`
`in the loading process. Dec., ¶¶122-123. Below, two examples are provided: (1)
`
`lists of data that are stored within the files of control information themselves; and
`
`(2) management information table 3A, which records “[i]nformation for correlating
`
`10
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`the file name[s]” of control information with associated programs. Dec., ¶¶122-
`
`123; Sukegawa, 5:1-6:17, 6:18-7:2.
`
`
`
`With respect to the first example, Sukegawa discloses that files of control in-
`
`formation are maintained by controller 3 in flash memory 1. Sukegawa, 5:1-7:2.
`
`A “data storage utility program of the cache system controller 3” reads OS control
`
`information out of HDD2 and stores it “as one file in the permanent storage area
`
`10A.” Id., 5:10-25, 6:21-23, 7:2, FIG. 4. Similarly, controller 3 reads “control in-
`
`formation necessary for starting” an application program designated by the user out
`
`of HDD2 and stores it as a file. Id., 5:15-6:17. “[T]he control information neces-
`
`sary for starting the AP [i.e., application program] is ... stored ... as one file.” Id.,
`
`6:50-53. Because each electronic file includes a list of data stored within the file, a
`
`POSITA would have understood that a file maintained by controller 3 includes a
`
`list of control information necessary for starting the corresponding application pro-
`
`gram or OS – a boot data list as described by the ’862 Patent. Dec., ¶¶122-124
`
`(citing Microsoft Press Computer Dictionary’s definition of “file”). By loading
`
`files (or portions of files) of application/OS control information into flash memory
`
`1, Sukegawa’s controller 3 loads a portion of boot data associated with a portion of
`
`a boot data list for booting the computer system. Dec., ¶¶122-124. Indeed, Sukeg-
`
`awa’s loaded boot data (e.g., application/OS control information) becomes part of
`
`11
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`
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`a boot data list (e.g., part of a file of boot data) and, thus, is associated with that
`
`boot data list. Dec., ¶¶122-124.
`
`
`
`With respect to the second example, Sukegawa discloses that controller 3
`
`“manages the storage areas 10A to 10C of the flash memory 1 by using a manage-
`
`ment information table 3A,” which records “[i]nformation for correlating the file
`
`name[s]” of control information with associated programs. Sukegawa, 5:5-47. Ta-
`
`ble 3A “is stored … in the non-volatile cache area 10C of flash memory unit 1,”
`
`and is used by controller 3, upon receiving read commands from host system 4, to
`
`determine “whether the control information to be accessed is stored in the flash
`
`memory unit 1.” Id., 5:1-61, 6:59-7:2. Thus, Sukegawa’s table 3A stores infor-
`
`mation descriptive of the data loaded into the storage areas 10A/10C of the flash
`
`memory 1 (e.g., files of application/OS control information). Because a table in-
`
`cludes a list of data (e.g., rows of data stored in the table), because Sukegawa’s
`
`storage areas 10A/10C are loaded with boot data, and because Sukegawa’s table
`
`3A identifies the boot data stored in storage areas 10A/10C, Sukegawa’s table 3A
`
`includes a boot data list (e.g., a list of files of application/OS data). Dec., ¶¶125-
`
`126.
`
`
`
`Because Sukegawa’s management information table 3A lists the boot data
`
`stored in Sukegawa’s flash memory, the boot data stored in Sukegawa’s flash
`
`memory is associated with the list in management information table 3A. Dec.,
`
`12
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`¶125-126. Thus, Sukegawa’s loaded boot data (e.g., application/OS control infor-
`
`mation) is associated with a portion of a boot data list (e.g., table 3A) that identi-
`
`fies that loaded boot data. Dec., ¶126.
`
`
`
`Additionally, with respect to the first loading technique, Sukegawa uses a
`
`“data storage utility program” to maintain, in the management information table
`
`3A, a list of user-selected boot data loaded into area 10A in much the same way
`
`that the ’862 Patent maintains a list of boot data specified using its custom utility
`
`program. Dec., ¶176. Indeed, as shown in Sukegawa’s FIG. 5, step S22, in the
`
`event of a cache “miss,” the controller 3 determines whether “the data to be ac-
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`cessed is the permanent data designated by the user.” Sukegawa, 7:40-55. To be
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`able to make this determination, Sukegawa’s controller 3 necessarily maintains and
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`consults a list of “the permanent data designated by the user.” Dec., ¶176. Thus,
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`Sukegawa’s list of permanent data designated by the user for storage in area 10A
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`(e.g., a portion of table 3A that corresponds to area 10A) represents a list of user-
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`specified boot data that corresponds to the list in the ’862 Patent that tracks the ap-
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`plications/data specified using the custom utility program. Id.
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`
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`As Dr. Neuhauser explains, a POSITA would have been motivated by Dye
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`to compress the boot data utilized by Sukegawa’s system. Dec., ¶¶79-91, 130-139.
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`
`
`As depicted by the version of Dye’s FIG. 3 presented below, Dye describes a
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`controller that “uses data compression and decompression for improved system
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`13
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`
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`cost and performance.” Dye, Abstract, 2:42-4:55, 7:34-9:5, 10:19-41; Dye’284
`
`4:16-24, 8:44-53, 11:8-12:3.
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`
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`Dye uses the controller’s “fast parallel compression and decompression tech-
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`nology ... to increase the effective density and read access time of non-volatile
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`storage devices,” including hard disk drives and flash memories. Id., Abstract,
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`7:34-43. Systems implementing Dye’s compression/decompression technology
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`load compressed data from a hard disk into flash memory. Dye’2843, 4:16-24,
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`
`3 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 disclosure.
`
`14
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`
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`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`11:28-12:33. A later CPU access request is serviced by the compressed data
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`loaded into flash memory, which “results in the data being decompressed and pro-
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`vided to the CPU,” thereby increasing the data’s read access rate. Dye’284, 12:19-
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`22; Dye, Abstract, 7:34-43.
`
`
`
`From this description, a POSITA would have been motivated to modify
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`Sukegawa to increase the effective density and read access rate of the non-volatile
`
`storage devices in Sukegawa’s system, and to thereby achieve further reduction in
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`the time required for booting up. Dec., ¶¶130-139. Accordingly, a POSITA would
`
`have modified controller 3 to include Dye’s compression/decompression engine
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`and to use compression/decompression on the Sukegawa control information, in-
`
`cluding control information loaded from HDD2 into flash memory 1. Id. To in-
`
`crease the effective access rate of data in Sukegawa’s system, a POSITA would
`
`have used the modified controller 3 to store Sukegawa’s control information (e.g.,
`
`OS/AP) on HDD2 in compressed form, and to load the compressed control infor-
`
`mation from HDD2 into Sukegawa’s flash memory 1 as compressed data. Dec.,
`
`¶¶137-138.
`
`15
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`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`
`
`
`In response to a request for control information stored in flash memory 1,
`
`Sukegawa’s modified controller 3 accesses, from flash memory 1, the requested
`
`data in compressed form and decompresses the accessed data at a rate that in-
`
`creases flash memory 1’s effective access rate, thereby further increasing boot
`
`speed. Dec., ¶138; Dye’284, 4:16-20, 8:44-45, 11:32-13:53, 50:49-50; Dye, Ab-
`
`stract, 2:42-4:55, 7:34-9:5, 10:19-21.
`
`Thus, to enable storage of a larger amount of data in Sukegawa’s storage de-
`
`vices (flash memory 1/HDD2) and to increase data access speed from Sukegawa’s
`
`storage devices, a POSITA would have modified Sukegawa’s controller 3 to in-
`
`clude Dye’s compression/decompression engine, and to load control information in
`
`a compressed form HDD2 into Sukegawa’s flash memory 1. Dec., ¶¶130-139.
`
`16
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`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`Thus, Sukegawa and Dye render obvious loading a portion of boot data in a
`
`
`
`compressed form that is associated with a portion of a boot data list for booting the
`
`computer system into a memory. Dec., ¶¶130-139.
`
`1.2: accessing the loaded portion of the boot data in the compressed form
`
`from the memory;
`
`
`
`As explained at 1.1, Sukegawa’s controller 3 services requests for control in-
`
`formation necessary for booting OS/AP using control information that has been
`
`preloaded into areas 10A/10C of flash memory 1.
`
`As further explained at 1.1, a POSITA would have modified controller 3 to
`
`include Dye’s compression/decompression engine. With this modification, Sukeg-
`
`awa’s controller 3 loads compressed control information from HDD2 into flash
`
`memory 1, and uses the compressed control information to service requests from
`
`Sukegawa’s host system. In servicing requests, Sukegawa’s controller 3 accesses
`
`compressed control information from flash memory 1 and uses Dye’s compres-
`
`sion/decompression engine to decompress the compressed control information at a
`
`rate that increases flash memory 1’s effective access rate. Dec., ¶¶151-153;
`
`Dye’284, 4:16-20, 11:32-13:53, 50:49-50; Dye, Abstract, 7:34-43.
`
`In this regard, Sukegawa and Dye render obvious accessing the loaded por-
`
`tion of the boot data in the compressed form from the memory. Dec., ¶¶151-155.
`
`17
`
`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`1.3: decompressing the accessed portion of the boot data in the compressed
`
`form at a rate that decreases a boot time of the operating system relative to
`
`loading the operating system utilizing boot data in an uncompressed form;
`
`
`
`As explained at 1.1-1.2, a POSITA would have modified Sukegawa’s con-
`
`troller 3 to include Dye’s compression/decompression engine, to load compressed
`
`data from HDD2 into flash memory 1, and to use the compressed data to service
`
`requests from Sukegawa’s host system. Dec., ¶¶159-161. In servicing requests,
`
`Sukegawa’s modified controller 3 accesses, from flash memory 1, compressed
`
`control information and uses Dye’s compression/decompression engine to decom-
`
`press the compressed control information at a rate that increases flash memory 1’s
`
`effective access rate. Dec., ¶¶159-169; Dye’284, 4:16-20, 11:32-13:53, 50:49-50;
`
`Dye, Abstract, 7:34-43.
`
`
`
`Relevant to increasing effective access rate of a storage device, the ’862 Pa-
`
`tent describes the “concept of ‘accelerated’ data storage and retrieval.” ’862, 5:32-
`
`33. In its examples, although the physical access/storage rate of the storage device
`
`remains constant, the “effective” access/storage rate is increased through the use of
`
`sufficiently fast compression/decompression. Dec., ¶¶163-164; ’862 Patent, 5:40-
`
`60.
`
`
`
`Dye describes using fast compression/decompression to achieve similar “ef-
`
`fective” storage/retrieval bandwidth improvements. Dec., ¶165. As depicted in
`
`18
`
`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`Dye’s FIG. 3, Dye describes a controller “with embedded parallel compression
`
`and/or decompression capability” that is coupled to a flash memory 100 and a host
`
`system bus 118. Dye, Abstract, 2:42-4:55, 7:34-9:5, 10:19-41; Dye’284 4:16-24,
`
`8:44-53, 11:8-12:3. Dye uses the controller’s “fast parallel compression and de-
`
`compression technology ... to increase the effective density and read access time of
`
`non-volatile storage devices,” including flash memory 100, effectively “matching
`
`the data access speeds ... to that of the microprocessor.” Id., Abstract, 7:34-43. In-
`
`deed, Dye’s compression/decompression “embed[s] into prior art flash memory
`
`control circuits” and “substantially improves bandwidth.” Id., Abstract, 2:32-39,
`
`3:3-28, 4:44-55, 7:31-58. Dye even provides an example similar that is similar to
`
`those included in the ’862 Patent. Id., 17:19-38. In this example, because decom-
`
`pression is sufficiently fast, Dye’s compression/decompression engine increases
`
`the 40 ns source rate of its Flash Memory Array 100 to an “effective” output rate
`
`of 16 ns. Dec., ¶¶165-166.
`
`
`
`This description in Dye would have motivated a POSITA to modify Sukeg-
`
`awa’s controller 3 to perform compression/decompression at a rate that increases
`
`flash memory 1’s effective access rate, thereby decreasing boot time relative to
`
`booting the operating system using uncompressed boot data. Dec., ¶¶165-167. In-
`
`deed, a POSITA would have recognized that increasing flash memory 1’s effective
`
`access rate through the use of Dye’s compression/decompression would further
`
`19
`
`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`Sukegawa’s stated goal of increasing OS and AP startup speed, and would thereby
`
`decrease boot time relative to booting Sukegawa’s OS using uncompressed boot
`
`data. Dec., ¶168; Sukegawa, 1:49-2:16, 2:35-41, 6:7-58. Because Dye’s compres-
`
`sion/decompression allows Sukegawa’s controller 3 to access data from flash
`
`memory 1 more quickly, Sukegawa’s controller 3 is able to service requests for
`
`boot data more quickly and, as a result, decrease a boot time of the operating sys-
`
`tem relative to using uncompressed boot data. Dec., ¶168.
`
`
`
`Thus, Sukegawa and Dye render obvious decompressing the accessed por-
`
`tion of the boot data in the compressed form at a rate that decreases a boot time of
`
`the operating system relative to loading the operating system utilizing boot data in
`
`an uncompressed form. Dec., ¶169.
`
`1.4: updating the boot data list,
`
`
`
`As explained at 1.1, Sukegawa discloses a boot data list in at least two ways:
`
`(1) in the form of lists of data that are stored within files of control information;
`
`and (2) in the form of management information table 3A, which records “[i]nfor-
`
`mation for correlating the file name[s]” of control information with associated pro-
`
`grams. Dec., ¶¶173-174; Sukegawa, 5:1-7:2.
`
`
`
`As further explained in 1.1, Sukegawa describes two techniques for loading
`
`control information into flash memory 1: (1) user selection of data to load, and (2)
`
`20
`
`
`
`Attorney Docket No. 39521-0025IP1
`IPR of U.S. Patent No. 8,880,862
`automatic selection of data to load. Sukegawa, 5:10-6:58, 7:28-55. Use of either
`
`technique results in updating boot data lists in Sukegawa. Dec., ¶175.
`
`With respect to the first loading technique, Sukegawa explains that a user
`
`runs Sukegawa’s data storage utility program to load control information associ-
`
`ated with an application program/OS into area 10A
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