IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`James J. Fallon, et al.
`In re Patent of:
`8,880,862 Attorney Docket No.: 39521-0025IP2
`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.: 39521-0025IP2
`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. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`TABLE OF CONTENTS
`
`I.
`
`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 OF FEES ............................................................................................. 2
`II.
`III. REQUIREMENTS FOR IPR ................................................................................. 2
`A. Grounds for Standing ....................................................................................... 2
`B. Challenge and Relief Requested .................................................................... 2
`IV. CLAIM CONSTRUCTION ................................................................................... 3
`V. APPLICATION OF PRIOR ART TO CHALLENGED CLAIMS .................. 6
`A. GROUND 1 – the Challenged Claims are obvious over Sukegawa and
`Dye 6
`B. GROUNDS 2-5 – the Challenged Claims are obvious over Sukegawa
`and Dye in view of Settsu, Burrows, and/or Zwiegincew ........................ 55
`VI. CONCLUSION ...................................................................................................... 75
`
`
`
`i
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`
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`
`Attorney Docket No. 39521-0025IP2
`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. 39521-0025IP2
`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. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`Apple Inc. petitions for inter partes review (“IPR”) of claims 8-12, 14-22,
`
`59-82, 101-104, 114-115, and 117 (“the Challenged Claims”) of U.S. 8,880,862
`
`(“’862 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 ’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: IPR39521-0025IP2@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. 39521-0025IP2
`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 IPR39521-0025IP2@fr.com.
`
`II.
`PAYMENT OF FEES
`Apple authorizes charge of necessary fees to Deposit Acct. 06-1050.
`
`III. REQUIREMENTS FOR IPR
`
`A. Grounds for 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 and Relief Requested
`Apple requests IPR of the Challenged Claims on the grounds in the table
`
`shown below, 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. 39521-0025IP2
`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 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 ’862 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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`3
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`Attorney Docket No. 39521-0025IP2
`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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`Attorney Docket No. 39521-0025IP2
`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. 39521-0025IP2
`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 – the Challenged Claims are obvious over
`Sukegawa and Dye
`8.0: A method of loading an operating system for booting a computer system,
`
`comprising:
`
`
`
`Sukegawa describes a controller 3 that preloads control information neces-
`
`sary for starting a host system’s OS and frequently used application programs from
`
`HDD2 into flash memory 1, and uses the loaded control information to start the OS
`
`and application programs “at higher speed.” Sukegawa, 5:10-6:17, 6:19-58, 7:28-
`
`6
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`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`55.2 Thus, Sukegawa’s controller 3 performs a method of loading an operating
`
`system for booting a computer system. Dec., ¶27, 30-32, 70-72, 108-112, 274.
`
`8.1: storing a portion of the operating system in a compressed form in a first
`
`memory;
`
`As depicted by the version of Sukegawa’s FIG. 1 presented below, Sukeg-
`
`awa describes a “controller 3 [that] controls the flash memory unit 1 and HDD2 as
`
`an 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.
`
`
`
`
`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. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`Controller 3 stores control information in HDD2 (i.e., a first memory), and
`
`loads, from HDD2 into flash memory 1, at least one file of control information that
`
`is expected to be “necessary for starting” a host system’s OS, and at least one file
`
`of control information for starting application programs. Dec., ¶¶28-29, 275-277;
`
`Sukegawa, 4:1-21, 5:1-6:17, 6:18-7:2. Controller 3 accesses the loaded control in-
`
`formation to service requests “when the OS of the host system 4 is started in a se-
`
`ries of operations from the turn-on of power to the completion of the starting oper-
`
`ation,” and “when the AP is to be started” (emphasis added). Id., 2:65-3:3, 5:1-
`
`6:17, 6:23-26, 6:49-58, 7:28-39.
`
`
`
`Through its description of storing control information necessary for starting
`
`the host system’s OS on HDD2, Sukegawa describes storing a portion of the oper-
`
`ating system in a first memory. Dec., ¶¶275-278.
`
`
`
`As Dr. Neuhauser explains, a POSITA would have been motivated by Dye
`
`to compress the boot data utilized by Sukegawa’s system. Dec., ¶79-91, 279-282.
`
`
`
`As depicted by the version of Dye’s FIG. 3 presented below, Dye describes a
`
`controller that “uses data compression and decompression for improved system
`
`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, 11:28-37.
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`8
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`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
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`
`
`Dye uses the controller’s “fast parallel compression and decompression tech-
`
`nology ... to increase the effective density and read access time of non-volatile
`
`storage devices,” including hard disk drives and flash memories. Id., Abstract,
`
`7:34-43. Systems implementing Dye’s compression/decompression technology
`
`load compressed data from a hard disk into flash memory. See Dye ’2843, 4:16-24,
`
`11:28-12:33. A later CPU access request is serviced by the compressed data
`
`
`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 en-
`
`tirety,” making Dye ’284 part of Dye’s disclosure.
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`9
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`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`loaded into flash memory, which “results in the data being decompressed and pro-
`
`vided to the CPU,” thereby increasing the data’s read access rate. Dye ’284,
`
`12:19-22; Dye, Abstract, 7:34-43.
`
`
`
`From this description, a POSITA would have been motivated to modify
`
`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
`
`the time required for booting up. Dec., ¶¶165-167. As shown below in the combi-
`
`nation of Sukegawa’s Fig. 1 and Dye’s Fig. 3, a POSITA would have been moti-
`
`vated by Dye to use compression/decompression in Sukegawa by modifying con-
`
`troller 3 to include Dye’s compression/decompression engine and to use compres-
`
`sion/decompression on Sukegawa’s control information, including control infor-
`
`mation stored on HDD2 and loaded from HDD2 into flash memory 1. Id.
`
`
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`10
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`Attorney Docket No. 39521-0025IP2
`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, 168; 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, Abstract, 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 devices
`
`(flash memory 1/HDD2) and to increase data access speed from Sukegawa’s stor-
`
`age devices, a POSITA would have modified Sukegawa’s controller 3 to include
`
`Dye’s compression/decompression engine, and to store compressed control infor-
`
`mation in HDD2. Dec., ¶¶130-139.
`
`
`
`Thus, Sukegawa and Dye render obvious storing a portion of the operating
`
`system in a compressed form in a first memory. Dec., ¶282.
`
`8.2: loading the portion of the operating system from the first memory to a
`
`second memory, the portion of the operating system being associated with a
`
`boot data list;
`
`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., ¶289. As explained at 8.0-8.1, Sukegawa describes control
`
`11
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`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`information, including a portion of the OS, that is associated with data requests ex-
`
`pected from a host computer system from the turn-on of power to the completion
`
`of the starting operation.” Dec., ¶290; Sukegawa, 2:65-3:3, 5:1-6:17, 6:23-26,
`
`6:49-58, 7:28-39. In this regard, by its description of control information that in-
`
`cludes a portion of the OS, Sukegawa describes boot data. Dec., ¶291.
`
`As explained at 8.0-8.1, Sukegawa’s controller 3 loads the portion of the op-
`
`erating system from HDD2 (i.e., a first memory) to flash memory 1 (i.e., a second
`
`memory). Dec., ¶292; Sukegawa, 4:1-21, 5:1-6:17, 6:18-7:2. Sukegawa describes
`
`two techniques for loading boot data, including the portion of the operating system:
`
`(1) user selection of data to load, and (2) automatic selection of data to load.
`
`Sukegawa, 5:10-6:17, 6:19-58, 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.
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`12
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`Attorney Docket No. 39521-0025IP2
`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 or 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 from HDD2 into ar-
`
`eas 10A and 10C of flash memory 1, Sukegawa discloses loading a portion of the
`
`operating system from the first memory to a second memory. Dec., ¶¶293-295.
`
`Sukegawa discloses that the loaded portion of the operating system is associ-
`
`ated with a portion of a boot data list. Dec., ¶296. 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., ¶296. Below, two examples are provided:
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`(1) lists of data that are stored within the files of control information themselves;
`
`and (2) table 3A, which records “[i]nformation for correlating the file name[s]” of
`
`13
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`
`
`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`control information with associated programs. Dec., ¶296; Sukegawa, 5:5-9, 5:41-
`
`47, 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, 5:1-6:17,
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`6:18-7:2. A “data storage utility program of the cache system controller 3” reads
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`OS control information out of HDD2 and stores it “as one file in the permanent
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`storage area 10A.” Id., 5:10-25, 6:21-23, 7:2, FIG. 4. Similarly, controller 3 reads
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`“control information necessary for starting” an application program designated by
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`the user out of HDD2 and stores it as a file. Id., 5:15-6:17, 6:50-53. Because each
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`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 infor-
`
`mation necessary for starting the corresponding application program or OS – a
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`boot data list as described by the ’862 Patent. Dec., ¶297 (citing Microsoft Com-
`
`puter Dictionary’s definition of “file”). By loading files (or portions of files) of OS
`
`control information into flash memory 1, Sukegawa’s controller 3 loads a portion
`
`of the operating system that is associated with a boot data list. Dec., ¶297. Indeed,
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`Sukegawa’s loaded boot data (e.g., application/OS control information) becomes
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`part of a boot data list (e.g., part of a file of boot data) and, thus, is associated with
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`that boot data list. Dec., ¶297.
`
`14
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`
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`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`With respect to the second example, Sukegawa discloses that controller 3
`
`
`
`“manages the storage areas 10A to 10C of the flash memory unit 1 by using a man-
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`agement information table 3A,” which records “[i]nformation for correlating the
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`file name[s]” of control information with associated programs. Sukegawa, 5:5-9,
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`5:41-47. Table 3A “is stored … in the non-volatile cache area 10C of flash
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`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
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`stored in the flash memory 1.” Id., 5:1-9, 5:41-53, 5:58-61, 6:59-7:2. Thus,
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`Sukegawa’s table 3A stores information descriptive of the data loaded into the
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`storage areas 10A to 10C of the flash memory 1 (e.g., the files of application/OS
`
`control information). Because Sukegawa’s storage areas 10A and 10C are loaded
`
`with boot data, and because Sukegawa’s table 3A identifies the boot data stored in
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`storage areas 10A to 10C, Sukegawa’s table 3A includes a boot data list (e.g., a list
`
`of files of application/OS data stored in storage areas 10A to 10C). Dec., ¶298.
`
`
`
`Because Sukegawa’s table 3A lists the boot data stored in Sukegawa’s flash
`
`memory 1, the boot data stored in Sukegawa’s flash memory 1 is associated with
`
`the list in table 3A. Dec., ¶299. Thus, Sukegawa’s loaded boot data (e.g., the por-
`
`tion of the operating system) is associated with a boot data list (e.g., table 3A) that
`
`identifies that loaded boot data. Dec., ¶299.
`
`15
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`
`
`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`Additionally, with respect to the first loading technique, Sukegawa uses a
`
`
`
`“data storage utility program” to maintain, in the table 3A, a list of user-selected
`
`boot data loaded into area 10A in much the same way that the ’862 Patent main-
`
`tains a list of boot data specified using its custom utility program. Dec., ¶300;
`
`Sukegawa, 7:40-55. Id.
`
`
`
`As explained at 8.0-8.1, a POSITA would have been motivated by Dye to
`
`compress boot data utilized by Sukegawa’s system, including the portion of the op-
`
`erating system loaded from HDD2 to flash memory 1. Dec., ¶¶301-304.
`
`
`
`Thus, Sukegawa and Dye render obvious loading the portion of the operat-
`
`ing system from the first memory to a second memory, the portion of the operating
`
`system being associated with a boot data list. Dec., ¶305.
`
`8.3: accessing the loaded portion of the operating system from the second
`
`memory in the compressed form;
`
`
`
`As explained at 8.0-8.2, Sukegawa describes that controller 3 services re-
`
`quests using OS control information (i.e., a portion of the OS) that has been pre-
`
`loaded into areas 10A and/or 10C of flash memory 1. Dec., ¶315.
`
`As further explained at 8.0-8.2, a POSITA would have modified controller 3
`
`to include Dye’s compression/decompression engine. With this modification,
`
`Sukegawa’s controller 3 loads compressed control information from HDD2 into
`
`flash memory 1, and uses the compressed control information to service requests
`
`16
`
`
`
`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`from Sukegawa’s host system. In servicing requests, Sukegawa’s controller 3 ac-
`
`cesses compressed control information from flash memory 1. Dec., ¶316; Dye
`
`’284, 4:16-20, 11:32-35, 11:56-12:7, 12:19-12:23, 12:61-13:7, 13:52-53, 50:49-50;
`
`Dye, Abstract, 7:34-43.
`
`
`
`In this regard, Sukegawa and Dye render obvious accessing the loaded por-
`
`tion of the operating system from the second memory in compressed form. Dec.,
`
`¶317.
`
`8.4: decompressing the accessed portion of the operating system to provide a
`
`decompressed portion of the operating system;
`
`
`
`As explained at 8.1-8.3, a POSITA would have modified Sukegawa’s con-
`
`troller 3 to use compressed data to service requests from Sukegawa’s host system.
`
`Dec., ¶321. In servicing requests, Sukegawa’s modified controller 3 uses Dye’s
`
`compression/decompression engine to decompress compressed control information
`
`accessed from flash memory 1 at a rate that increases flash memory 1’s effective
`
`access rate. Dec., ¶322; Dye ’284, 4:16-20, 11:32-35, 11:56-12:7, 12:61-13:7,
`
`13:52-53, 50:49-50; Dye, Abstract, 7:34-43.
`
`
`
`In more detail, and relevant to increasing effective access rate of a storage
`
`device, the ’862 Patent describes the “concept of ‘accelerated’ data storage and re-
`
`trieval.” ’862, 5:32-33. In its examples, although the physical access/storage rate
`
`17
`
`
`
`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`of the storage device remains constant, the “effective” access/storage rate is in-
`
`creased through the use of sufficiently fast compression/decompression. Dec.,
`
`¶323-324; ’862 Patent, 5:40-60.
`
`
`
`Dye describes using fast compression/decompression to achieve similar “ef-
`
`fective” storage/retrieval bandwidth improvements. Dec., ¶325; 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, 11:28-37.
`
`Dye uses the controller’s “fast parallel compression and decompression technology
`
`... to increase the effective density and read access time of non-volatile storage de-
`
`vices,” including flash memory array 100, effectively “matching the data access
`
`speeds ... to that of the microprocessor.” Dye, Abstract, 7:34-43. Indeed, Dye’s
`
`compression/decompression “embed[s] into prior art flash memory control cir-
`
`cuits” and “substantially improves bandwidth.” Id., Abstract, 2:32-39, 3:3-28,
`
`4:44-55, 7:31-58; Dec., ¶325.
`
`
`
`This and related description in Dye would have motivated a POSITA to
`
`modify Sukegawa’s controller 3 to perform compression/decompression at a rate
`
`that increases flash memory 1’s effective access rate. Dec., ¶326; Sukegawa, 1:49-
`
`2:16, 2:35-41, 6:7-10, 6:57-58.
`
`
`
`Thus, Sukegawa and Dye render obvious decompressing the accessed por-
`
`tion of the operating system to provide a decompressed portion of the operating
`
`system. Dec., ¶327.
`
`18
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`
`
`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`8.5: utilizing the decompressed portion of the operating system to at least par-
`
`tially boot the computer system; and
`
`
`
`As explained at 8.0-8.4, Sukegawa’s controller 3 preloads, into flash
`
`memory 1, “control information” that is expected to be “necessary for starting” the
`
`OS, and accesses and utilizes the loaded control information to service requests
`
`“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 starting operation.” Dec., ¶330; Sukegawa,
`
`2:65-3:3, 5:1-6:17, 6:23-26, 6:49-58, 7:28-39. A POSITA would have understood
`
`that the “series of operations” including “the completion of the starting operation”
`
`of the OS necessarily includes partially booting the computer system of Sukegawa.
`
`Dec., ¶331.
`
`
`
`As further explained at 8.1-8.4, a POSITA would have been motivated by
`
`Dye to modify controller 3 to include Dye’s compression/decompression engine.
`
`Dec., ¶332. With this modification, a POSITA would have found it obvious for
`
`Sukegawa’s controller 3 to utilize decompressed control information from flash
`
`memory 1, including a portion of the operating system, to boot Sukegawa’s host
`
`computer system “at higher speed.” Dec., ¶332; Sukegawa, 5:10-6:17, 6:19-58,
`
`7:28-55; Dye ’284, 4:16-20, 11:32-35, 11:56-12:7, 12:61-13:7, 13:52-53, 50:49-50;
`
`Dye, Abstract, 7:34-43.
`
`19
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`
`
`Attorney Docket No. 39521-0025IP2
`IPR of U.S. Patent No. 8,880,862
`Thus, Sukegawa and Dye render obvious utilizing the decompressed portion
`
`
`
`of the operating system to at least partially boot the computer system. Dec., ¶333.
`
`8.6: updating the boot data list,
`
`
`
`As explained at 8.2, 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 table 3A, which records “[i]nformation for correlating the
`
`file name[s]” of control information with associated programs. Dec., ¶336; Sukeg-
`
`awa, 5:1-6:17, 6:18-7:2, 5:5-9, 5:41-47.
`
`
`
`As further explained in 8.0-8.2, Sukegawa describes two techniques for
`
`loading control information into flash memory 1: (1) user selection of data to load,
`
`and (2) automatic selection of data to load. See Sukegawa, 5:10-6:17, 6:19-58,
`
`7:28-55. Use of either technique results in updating boot data lists. Dec., ¶337.
`
`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 of flash memory 1, and uses
`
`the same data storage utility program to delete loaded control information. Sukeg-
`
`awa, 5:10-6:17, 6:19-7:2. A POSITA would have understood that updates occur
`
`through this loading or deletion, and that running Sukegawa’s data storage utility
`
`program to load or delete a file of control information results in controller 3 updat-
`
`ing both the boot data file itself (including a list
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