`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`
`Makinen, 1:10-19
`
`
`According to a first aspect of the present invention there is provided a
`method of operating apparatus having a central processing unit (CPU)
`with a reduced instruction set computer (RISC) architecture, and a read
`only memory (ROM), the method comprising reading a set of
`compressed RISC operating instructions from the ROM into the CPU,
`decompressing the compressed instructions in the CPU, and thereafter
`operating the apparatus in accordance with the decompressed
`instructions.
`
`
`Makinen, 1:63-2:4
`
`
`According to a second aspect of the present invention there is provided
`a method of operating apparatus having a central processing unit (CPU)
`and a read only memory (ROM), the method comprising reading a set of
`compressed operating instructions from the ROM into the CPU,
`decompressing the compressed instructions in the CPU, and thereafter
`operating the apparatus in accordance with the decompressed
`instructions, the method further comprising generating one or more
`replacement or additional compressed instructions in the CPU and
`writing the compressed instruction(s) to the ROM.
`
`The above second aspect of the present invention makes it possible to
`amend the stored compressed instructions in a dynamic manner. This
`may, for example, allow a user to configure the computer according to
`his specific needs.
`
`Preferably, the method comprises the step of reading a set of operating
`instructions from the ROM into the CPU, which instructions define a
`program for compressing said replacement or additional instruction(s).
`More preferably, the instructions defining the compression program
`form part of said set of compressed operating instructions.
`
`
`Makinen, 2:18-39
`
`
`Preferably, the method of the above first or second aspect of the
`invention comprises writing the decompressed instruction set to a
`random access memory (RAM). Thereafter, the decompressed
`instructions are read from the RAM by the CPU. It is noted that RAM
`typically offers high access speeds compared to slow (e.g. flash) ROM
`memory, giving a significant increase in system performance. In this
`case, increased speed also offers reduced power consumption compared
`Makinen
` Claim 9.1
`“The method of claim 8, further comprising: compressing an additional portion of the operating
`system that is not associated with the boot data list”
`
`
`
`Page 67 of 158
`
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`to systems which use slow ROM memory and in which power is
`consumed even when the system is waiting to access the ROM.
`
`Makinen, 2:40-50
`
`
`According to a third aspect of the present invention there is provided
`apparatus having a central processing unit (CPU) a reduced instruction
`set computer (RISC) architecture, and a read only memory (ROM),
`there being stored in the ROM a set of compressed RISC operating
`instructions, the CPU being arranged in use to read the compressed
`instructions from the ROM, to decompress these instructions, and
`subsequently to operate the apparatus in accordance with the
`decompressed instructions.
`
`
`Makinen, 2:51-59
`
`
`According to a fourth aspect of the present invention there is provided
`apparatus comprising a central processing unit (CPU), a read only
`memory (ROM), and a set of compressed operating instructions stored
`in the ROM, the CPU being arranged in use to read the compressed
`instructions from the ROM, decompress the compressed instructions,
`and thereafter operate the apparatus in accordance with the
`decompressed instructions, the apparatus being further arranged in use
`to compress replacement or additional operating instructions and to
`write these compressed instructions to the ROM.
`
`
`Makinen, 2:60-3:3:2
`
`
`The flash ROM 4 is used to store a set of RISC operating instructions
`which define the basic input/output system (BIOS) of the
`microprocessor as well as the device drivers, libraries, and user
`applications. The instructions are in compressed form, having
`previously been compressed using the Pkzip compression program
`
`
`Makinen, 3:45-50
`
`
`In order to enable the microprocessor 1 to decompress the stored
`compressed instructions, the flash ROM 4 additionally stores a set of
`instructions, in uncompressed form, which define the Pkzip
`decompression program. FIG. 2 shows a memory map of the ROM 4
`prior to booting the computer, where a part of the memory space is
`occupied by the compressed instructions 6 and a part is occupied by the
`uncompressed Pkzip instructions 7. In FIG. 2, the ROM 4 is shown
`
` Claim 9.1
`Makinen
`“The method of claim 8, further comprising: compressing an additional portion of the operating
`system that is not associated with the boot data list”
`
`
`
`Page 68 of 158
`
`
`
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`coupled to the microprocessor 1, as is the RAM 3 which at this stage
`remains empty.
`
`
`Makinen, 3:56-65
`
`
`Upon booting of the computer, the microprocessor 1 is directed by
`hardwired logic to read the first instruction of the decompressed
`instruction set 7, from the ROM 4. Thereafter the microprocessor is
`directed, by the decompressed set, to read and decompress the
`compressed instruction set 6. The expanded instruction set 6′ is then
`stored in the RAM 3 as shown in FIG. 3. The last operation that the set
`of decompression instructions perform is to cause the microprocessor 1
`to jump to the first instruction in the decompressed code. Thereafter, the
`computer is operated in accordance with the decompressed operating
`instructions 6′.
`
`
`Makinen, 3:66-4:9
`
`
`It will be appreciated that the operating system of the computer may be
`altered by directly accessing the flash ROM 5 to erase and/or rewrite
`compressed instructions 6 stored therein. However, in some
`circumstances it may be desirable for the end-user to be able to alter the
`compressed operating instructions 6, or indeed for the computer itself to
`be able to ‘dynamically’ alter the instructions. To this end, the Pkzip
`compression method may also be stored in the flash ROM 4.
`
`
`Makinen, 4:10-17
`
`
`In order to reduce memory requirements, the corresponding Pkzip
`instructions may be stored in compressed form 8 as illustrated in FIG. 4.
`During booting, the compressed Pkzip instructions 8 are read from the
`flash ROM 4 by the microprocessor 1, decompressed, and stored in the
`RAM 3 as decompressed instructions 8′ together with the decompressed
`operating instructions 6′ (FIG. 4). Alternatively, the compressed Pkzip
`instructions 8 may only be read from the flash ROM 4, and
`subsequently decompressed, when a specific request is made to alter the
`compressed instructions 6,8. In either case, the microprocessor 1
`employs the decompressed Pkzip method to compress an amended
`version of the operating instructions 6′,8′ and writes the compressed
`instructions to the corresponding areas of the flash ROM.
`
`
`Makinen, 4:18-32
`
`See also:
` Claim 9.1
`Makinen
`“The method of claim 8, further comprising: compressing an additional portion of the operating
`system that is not associated with the boot data list”
`
`
`
`Page 69 of 158
`
`
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`
`
`It will be appreciated that the operating system of the computer may be altered
`by directly accessing the flash ROM 5 to erase and/or rewrite compressed
`instructions 6 stored therein. However, in some circumstances it may be
`desirable for the end-user to be able to alter the compressed operating
`instructions 6, or indeed for the computer itself to be able to ‘dynamically’ alter
`the instructions. To this end, the Pkzip compression method may also be stored
`in the flash ROM 4.
`Makinen, 4:10-17
`In order to reduce memory requirements, the corresponding Pkzip instructions
`may be stored in compressed form 8 as illustrated in FIG. 4. During booting,
`the compressed Pkzip instructions 8 are read from the flash ROM 4 by the
`microprocessor 1, decompressed, and stored in the RAM 3 as decompressed
`instructions 8′ together with the decompressed operating instructions 6′ (FIG.
`4). Alternatively, the compressed Pkzip instructions 8 may only be read from
`the flash ROM 4, and subsequently decompressed, when a specific request is
`made to alter the compressed instructions 6,8. In either case, the microprocessor
`1 employs the decompressed Pkzip method to compress an amended version of
`the operating instructions 6′,8′ and writes the compressed instructions to the
`corresponding areas of the flash ROM.
`Makinen, 4:9-31
`
`
` Claim 9.1
`Makinen
`“The method of claim 8, further comprising: compressing an additional portion of the operating
`system that is not associated with the boot data list”
`
`
`
`Page 70 of 158
`
`
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`9.2 storing the additional portion of the
`operating system in the first memory, and
`
`
`Makinen, as evidenced by the example
`citations below, discloses
`“storing the additional portion of the
`operating system in the first memory”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, storing the additional portion of the operating system
`in the first memory), Apple contends that one of skill in the art would understand the
`operation of booting a computer system to include the element that is missing similar to
`the manner in which the patentee relied upon such knowledge of skill in the art during
`prosecution. See Sections VI. and VII. of Apple’s Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 8.1 above.
`
`
`It will be appreciated that the operating system of the computer may be altered
`by directly accessing the flash ROM 5 to erase and/or rewrite compressed
`instructions 6 stored therein. However, in some circumstances it may be
`desirable for the end-user to be able to alter the compressed operating
`instructions 6, or indeed for the computer itself to be able to ‘dynamically’ alter
`the instructions. To this end, the Pkzip compression method may also be stored
`in the flash ROM 4.
`Makinen, 4:10-17
`In order to reduce memory requirements, the corresponding Pkzip instructions
`may be stored in compressed form 8 as illustrated in FIG. 4. During booting,
`the compressed Pkzip instructions 8 are read from the flash ROM 4 by the
`microprocessor 1, decompressed, and stored in the RAM 3 as decompressed
`instructions 8′ together with the decompressed operating instructions 6′ (FIG.
`4). Alternatively, the compressed Pkzip instructions 8 may only be read from
`the flash ROM 4, and subsequently decompressed, when a specific request is
`made to alter the compressed instructions 6,8. In either case, the microprocessor
`1 employs the decompressed Pkzip method to compress an amended version of
`the operating instructions 6′,8′ and writes the compressed instructions to the
`corresponding areas of the flash ROM.
`Makinen, 4:9-31
`
`
` Claim 9.2
`Makinen
`“storing the additional portion of the operating system in the first memory”
`
`
`
`
`Page 71 of 158
`
`5205
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`9.3 wherein the utilizing comprises:
`utilizing the stored additional portion of
`the operating system to at least further
`partially boot the computer system.
`
`
`Makinen, as evidenced by the example
`citations below, discloses
`“wherein the utilizing comprises:
`utilizing the stored additional portion of
`the operating system to at least further
`partially boot the computer system”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, wherein the utilizing comprises: utilizing the stored
`additional portion of the operating system to at least further partially boot the computer
`system), Apple contends that one of skill in the art would understand the operation of
`booting a computer system to include the element that is missing similar to the manner
`in which the patentee relied upon such knowledge of skill in the art during prosecution.
`See Sections VI. and VII. of Apple’s Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 8.5 above.
`
`
`It will be appreciated that the operating system of the computer may be altered
`by directly accessing the flash ROM 5 to erase and/or rewrite compressed
`instructions 6 stored therein. However, in some circumstances it may be
`desirable for the end-user to be able to alter the compressed operating
`instructions 6, or indeed for the computer itself to be able to ‘dynamically’ alter
`the instructions. To this end, the Pkzip compression method may also be stored
`in the flash ROM 4.
`Makinen, 4:10-17
`In order to reduce memory requirements, the corresponding Pkzip instructions
`may be stored in compressed form 8 as illustrated in FIG. 4. During booting,
`the compressed Pkzip instructions 8 are read from the flash ROM 4 by the
`microprocessor 1, decompressed, and stored in the RAM 3 as decompressed
`instructions 8′ together with the decompressed operating instructions 6′ (FIG.
`4). Alternatively, the compressed Pkzip instructions 8 may only be read from
`the flash ROM 4, and subsequently decompressed, when a specific request is
`made to alter the compressed instructions 6, 8. In either case, the
`microprocessor 1 employs the decompressed Pkzip method to compress an
`amended version of the operating instructions 6′, 8′ and writes the compressed
`instructions to the corresponding areas of the flash ROM.
`Makinen, 4:9-31
`
`
` Claim 9.3
`Makinen
`“wherein the utilizing comprises: utilizing the stored additional portion of the operating system to at
`least further partially boot the computer system”
`
`
`
`Page 72 of 158
`
`
`
`5206
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`10. The method of claim 9, wherein the
`compressing comprises: compressing the
`additional portion of the operating system
`with a data compression encoder.
`
`
`Makinen, as evidenced by the example
`citations below, discloses
`“the method of claim 9, wherein the
`compressing comprises: compressing the
`additional portion of the operating system
`with a data compression encoder.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, wherein the compressing comprises: compressing
`the additional portion of the operating system with a data compression encoder), Apple
`contends that one of skill in the art would understand the operation of booting a computer
`system to include the element that is missing similar to the manner in which the patentee
`relied upon such knowledge of skill in the art during prosecution. See Sections VI. and
`VII. of Apple’s Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 9.1 above.
`
`
`A computer having a reduced instruction computer (RISC) architecture
`has a RISC central processing unit (CPU)(1) coupled to a RAM
`memory (3) and to a flash ROM memory (4). A set of compressed
`operating instructions (6,8), including a subset defining a compression
`method (8), are stored in the flash ROM (4) together with a set of
`uncompressed instructions (7) defining a compression algorithm. Upon
`booting of the computer, the uncompressed instructions (7) are read
`from the ROM (4) by the CPU (1) which then also reads the compressed
`instructions (6,8), decompresses them according to the decompression
`process (7), and writes the decompressed instructions (6′,8′) to the RAM
`(3). The compressed instructions (6,8) can be dynamically altered by the
`CPU (1), by generating an altered set of uncompressed instructions,
`compressing these in accordance with the now decompressed
`compression method (8′), and writing these to the flash ROM (4).
`
`
`Makinen, Abstract
`
`
`At the heart of most modern electronic devices is a microprocessor or
`central processing unit which operates in accordance with a set of
`software operating instructions which together form an executable
`program. The instructions are stored in a digital memory which may be
`internal to the microprocessor or, as is more usually the case, externally
`connected to the microprocessor. The set of operating instructions
`generally define the basic input/output system (BIOS) of the
`microprocessor together with device drivers, libraries, and user
`applications.
`Makinen
` Claim 10
`“The method of claim 9, wherein the compressing comprises: compressing the additional portion of
`the operating system with a data compression encoder”
`
`
`
`Page 73 of 158
`
`
`
`5207
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`

`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`
`Makinen, 1:10-19
`
`
`According to a first aspect of the present invention there is provided a
`method of operating apparatus having a central processing unit (CPU)
`with a reduced instruction set computer (RISC) architecture, and a read
`only memory (ROM), the method comprising reading a set of
`compressed RISC operating instructions from the ROM into the CPU,
`decompressing the compressed instructions in the CPU, and thereafter
`operating the apparatus in accordance with the decompressed
`instructions.
`
`
`Makinen, 1:63-2:4
`
`
`According to a second aspect of the present invention there is provided
`a method of operating apparatus having a central processing unit (CPU)
`and a read only memory (ROM), the method comprising reading a set of
`compressed operating instructions from the ROM into the CPU,
`decompressing the compressed instructions in the CPU, and thereafter
`operating the apparatus in accordance with the decompressed
`instructions, the method further comprising generating one or more
`replacement or additional compressed instructions in the CPU and
`writing the compressed instruction(s) to the ROM.
`
`The above second aspect of the present invention makes it possible to
`amend the stored compressed instructions in a dynamic manner. This
`may, for example, allow a user to configure the computer according to
`his specific needs.
`
`Preferably, the method comprises the step of reading a set of operating
`instructions from the ROM into the CPU, which instructions define a
`program for compressing said replacement or additional instruction(s).
`More preferably, the instructions defining the compression program
`form part of said set of compressed operating instructions.
`
`
`Makinen, 2:18-39
`
`
`Preferably, the method of the above first or second aspect of the
`invention comprises writing the decompressed instruction set to a
`random access memory (RAM). Thereafter, the decompressed
`instructions are read from the RAM by the CPU. It is noted that RAM
`typically offers high access speeds compared to slow (e.g. flash) ROM
`memory, giving a significant increase in system performance. In this
`case, increased speed also offers reduced power consumption compared
`Makinen
` Claim 10
`“The method of claim 9, wherein the compressing comprises: compressing the additional portion of
`the operating system with a data compression encoder”
`
`
`
`Page 74 of 158
`
`
`
`5208
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`

`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`to systems which use slow ROM memory and in which power is
`consumed even when the system is waiting to access the ROM.
`
`Makinen, 2:40-50
`
`
`According to a third aspect of the present invention there is provided
`apparatus having a central processing unit (CPU) a reduced instruction
`set computer (RISC) architecture, and a read only memory (ROM),
`there being stored in the ROM a set of compressed RISC operating
`instructions, the CPU being arranged in use to read the compressed
`instructions from the ROM, to decompress these instructions, and
`subsequently to operate the apparatus in accordance with the
`decompressed instructions.
`
`
`Makinen, 2:51-59
`
`
`According to a fourth aspect of the present invention there is provided
`apparatus comprising a central processing unit (CPU), a read only
`memory (ROM), and a set of compressed operating instructions stored
`in the ROM, the CPU being arranged in use to read the compressed
`instructions from the ROM, decompress the compressed instructions,
`and thereafter operate the apparatus in accordance with the
`decompressed instructions, the apparatus being further arranged in use
`to compress replacement or additional operating instructions and to
`write these compressed instructions to the ROM.
`
`
`Makinen, 2:60-3:3:2
`
`
`The flash ROM 4 is used to store a set of RISC operating instructions
`which define the basic input/output system (BIOS) of the
`microprocessor as well as the device drivers, libraries, and user
`applications. The instructions are in compressed form, having
`previously been compressed using the Pkzip compression program
`
`
`Makinen, 3:45-50
`
`
`In order to enable the microprocessor 1 to decompress the stored
`compressed instructions, the flash ROM 4 additionally stores a set of
`instructions, in uncompressed form, which define the Pkzip
`decompression program. FIG. 2 shows a memory map of the ROM 4
`prior to booting the computer, where a part of the memory space is
`occupied by the compressed instructions 6 and a part is occupied by the
`uncompressed Pkzip instructions 7. In FIG. 2, the ROM 4 is shown
`
` Claim 10
`Makinen
`“The method of claim 9, wherein the compressing comprises: compressing the additional portion of
`the operating system with a data compression encoder”
`
`
`
`Page 75 of 158
`
`
`
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`

`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`coupled to the microprocessor 1, as is the RAM 3 which at this stage
`remains empty.
`
`
`Makinen, 3:56-65
`
`
`Upon booting of the computer, the microprocessor 1 is directed by
`hardwired logic to read the first instruction of the decompressed
`instruction set 7, from the ROM 4. Thereafter the microprocessor is
`directed, by the decompressed set, to read and decompress the
`compressed instruction set 6. The expanded instruction set 6′ is then
`stored in the RAM 3 as shown in FIG. 3. The last operation that the set
`of decompression instructions perform is to cause the microprocessor 1
`to jump to the first instruction in the decompressed code. Thereafter, the
`computer is operated in accordance with the decompressed operating
`instructions 6′.
`
`
`Makinen, 3:66-4:9
`
`
`It will be appreciated that the operating system of the computer may be
`altered by directly accessing the flash ROM 5 to erase and/or rewrite
`compressed instructions 6 stored therein. However, in some
`circumstances it may be desirable for the end-user to be able to alter the
`compressed operating instructions 6, or indeed for the computer itself to
`be able to ‘dynamically’ alter the instructions. To this end, the Pkzip
`compression method may also be stored in the flash ROM 4.
`
`
`Makinen, 4:10-17
`
`
`In order to reduce memory requirements, the corresponding Pkzip
`instructions may be stored in compressed form 8 as illustrated in FIG. 4.
`During booting, the compressed Pkzip instructions 8 are read from the
`flash ROM 4 by the microprocessor 1, decompressed, and stored in the
`RAM 3 as decompressed instructions 8′ together with the decompressed
`operating instructions 6′ (FIG. 4). Alternatively, the compressed Pkzip
`instructions 8 may only be read from the flash ROM 4, and
`subsequently decompressed, when a specific request is made to alter the
`compressed instructions 6,8. In either case, the microprocessor 1
`employs the decompressed Pkzip method to compress an amended
`version of the operating instructions 6′,8′ and writes the compressed
`instructions to the corresponding areas of the flash ROM.
`
`
`Makinen, 4:18-32
`
`
` Claim 10
`Makinen
`“The method of claim 9, wherein the compressing comprises: compressing the additional portion of
`the operating system with a data compression encoder”
`
`
`
`Page 76 of 158
`
`
`
`5210
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`

`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`11 (Preamble) A method for providing
`accelerated loading of an operating
`system in a computer system, comprising:
`
`
`Makinen, as evidenced by the example
`citations below, discloses
`“a method for providing accelerated
`loading of an operating system in a
`computer system, comprising:”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, a method for providing accelerated loading of an
`operating system in a computer system, comprising), Apple contends that one of skill in
`the art would understand the operation of booting a computer system to include the
`element that is missing similar to the manner in which the patentee relied upon such
`knowledge of skill in the art during prosecution. See Sections VI. and VII. of Apple’s
`Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 1 (Preamble) above.
`
`
`Makinen Claim 11 (Preamble)
`“A method for providing accelerated loading of an operating system in a computer system, comprising”
`
`
`
`
`Page 77 of 158
`
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`Makinen, as evidenced by the example
`11.1 loading boot data in a compressed
`citations below, discloses
`form that is associated with a boot data
`“loading boot data in a compressed form
`list from a boot device into a memory
`that is associated with a boot data list from
`upon initialization of the computer
`a boot device into a memory upon
`system;
`initialization of the computer system”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, loading boot data in a compressed form that is
`associated with a boot data list from a boot device into a memory upon initialization of
`the computer system), Apple contends that one of skill in the art would understand the
`operation of booting a computer system to include the element that is missing similar to
`the manner in which the patentee relied upon such knowledge of skill in the art during
`prosecution. See Sections VI. and VII. of Apple’s Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 1.1 and 6(Preamble) above.
`
`
`Upon booting of the computer, the microprocessor 1 is directed by hardwired
`logic to read the first instruction of the decompressed instruction set 7, from the
`ROM 4. Thereafter the microprocessor is directed, by the decompressed set, to
`read and decompress the compressed instruction set 6. The expanded
`instruction set 6′ is then stored in the RAM 3 as shown in FIG. 3. The last
`operation that the set of decompression instructions perform is to cause the
`microprocessor 1 to jump to the first instruction in the decompressed code.
`Thereafter, the computer is operated in accordance with the decompressed
`operating instructions 6′.
`Makinen, 3:66-4:9
`
`
`
`
` Claim 11.1
`Makinen
`“loading boot data in a compressed form that is associated with a boot data list from a boot device into a memory upon initialization of
`the computer system”
`
`
`
`
`Page 78 of 158
`
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`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`11.2 accessing the loaded boot data in
`compressed form from the memory;
`
`
`Makinen, as evidenced by the example
`citations below, discloses
`“accessing the loaded boot data in
`compressed form from the memory”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, accessing the loaded boot data in compressed form
`from the memory), Apple contends that one of skill in the art would understand the
`operation of booting a computer system to include the element that is missing similar to
`the manner in which the patentee relied upon such knowledge of skill in the art during
`prosecution. See Sections VI. and VII. of Apple’s Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 1.2 above.
`
`
` Claim 11.2
`Makinen
`“accessing the loaded boot data in compressed form from the memory”
`
`
`
`Page 79 of 158
`
`
`
`5213
`
`

`

`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`Makinen, as evidenced by the example
`11.3 decompressing the accessed boot
`citations below, discloses
`data in compressed form at a rate that
`“decompressing the accessed boot data in
`decreases a time to load the operating
`compressed form at a rate that decreases a
`system relative to loading the operating
`time to load the operating system relative
`system with the boot data in an
`to loading the operating system with the
`uncompressed form;
`boot data in an uncompressed form”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, decompressing the accessed boot data in compressed
`form at a rate that decreases a time to load the operating system relative to loading the
`operating system with the boot data in an uncompressed form), Apple contends that one
`of skill in the art would understand the operation of booting a computer system to include
`the element that is missing similar to the manner in which the patentee relied upon such
`knowledge of skill in the art during prosecution. See Sections VI. and VII. of Apple’s
`Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`See Claim 1.3 above.
`
`
` Claim 11.3
`Makinen
`“decompressing the accessed boot data in compressed form at a rate that decreases a time to load
`the operating system relative to loading the operating system with the boot data in an uncompressed form”
`
`
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`
`
`Appendix C13
`Invalidity of U.S. Patent 8,880,862 based on Makinen
`
`11.4 utilizing the decompressed boot data
`to load at least a portion of the operating
`system for the computer system; and
`
`
`Makinen, as evidenced by the example
`citations below, discloses
`“utilizing the decompressed boot data to
`load at least a portion of the operating
`system for the computer system”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, utilizing the decompressed boot data to load at least
`a portion of the operating system for the computer system), Apple contends that one of
`skill in the art would understand the operation of booting a computer system to include
`the element that is missing similar to the manner in which the patentee relied upon such
`knowledge of skill in the art during prosecution. See Sections VI. and VII. of Apple’s
`Invalidity Contentions.
`
`Makinen discloses this limitation:
`
`
`A computer having a reduced instruction computer (RISC) architecture
`has a RISC central processing unit (CPU)(1) coupled to a RAM
`memory (3) and to a flash ROM memory (4). A set of compressed
`operating instructions (6,8), including a subset defining a compression
`method (8), are stored in the flash ROM (4) together with a set of
`uncompressed instructions (7) defining a compression algorithm. Upon
`booting of the computer, the uncompressed instructions (7) are read
`from the ROM (4) by the CPU (1) which then also reads the compressed
`instructions (6,8), decompresses them according to the decompression
`process (7), and writes the decompressed instructions (6′,8′) to the RAM
`(3). The compressed instructions (6,8) can be dynamically altered by the
`CPU (1), by generatin