Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`Burrows, 5-6.
`
`this procedure reads and decompresses a full
`“Unfortunately,
`compression block even if the caller wanted only some smaller unit, such
`as a file system block or a physical sector. We alleviate this problem by
`caching the entire decompressed block in memory, rather than just
`caching the requested sectors. The data could be placed in the file system
`buffer cache, but for simplicity in our prototype, we cached the last
`decompressed block within the read routine. Sprite LFS reads files
`sequentially in 4 KByte units, so this simple caching strategy typically
`achieves three hits for each 16 KByte compression block when reading
`large files.
`
`When the file system is reading non-sequentially, the additional time to
`read a full compression block cannot be hidden by caching. Fortunately,
`this time is small compared to the rotational latency. The time needed to
`decompress the full block in software is several milliseconds; it would be
`much smaller if decompression were implemented in hardware.”
`
`Burrows, 6.
`
`
`
`Claim 1.5
`
`Burrows
`“utilizing said decompressed at least a portion of said boot data to boot said computer system, wherein said at least a portion of said
`boot data is decompressed by said data compression engine.”
`
`
`
`Page 9 of 26
`
`3201
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`2. The method of claim 1, wherein said
`Burrows, as evidenced by the example
`citations below, discloses
`decompressed at least a portion of said
`“said decompressed at least a portion of
`boot data comprises program code
`said boot data comprises program code
`associated with an operating system of
`associated with an operating system of
`said computer system.
`said computer system.”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, said decompressed at least a portion of said boot data
`comprises program code associated with an operating system of said 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.4, and 1.5 above.
`
`
`
`
`
`
`Burrows
`“The method of claim 1, wherein said decompressed at least a portion of said boot data comprises
`program code associated with an operating system of said computer system..”
`
`
`
`Claim 2
`
`
`
`Page 10 of 26
`
`3202
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`3. The method of claim 1, wherein said
`Burrows, as evidenced by the example
`citations below, discloses
`decompressed at least a portion of said
`“said decompressed at least a portion of
`boot data comprises program code
`said boot data comprises program code
`associated with an application program of
`associated with an application program of
`said computer system.
`said computer system.”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, said decompressed at least a portion of said boot data
`comprises program code associated with an application program of said 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, and 1.4 above.
`
`See also
`
`“A second issue is that applications often commit small amounts of data
`to disk, resulting in poor compression.”
`
`
`Burrows, 9.
`
`
`“The scheme benefits from concentrating on executable files, which are
`read by few things besides the operating system itself; no attempt is
`made to make the compression transparent to other applications.”
`
`
`
`Burrows, 18.
`
`
`
`
`
`
`
`Burrows
`“The method of claim 1, wherein said decompressed at least a portion of said boot data comprises
`program code associated with an application program of said computer system.”
`
`
`
`Claim 3
`
`
`
`Page 11 of 26
`
`3203
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`4. The method of claim 1, wherein said
`Burrows, as evidenced by the example
`citations below, discloses
`decompressed at least a portion of said
`“said decompressed at least a portion of
`boot data comprises program code
`said boot data comprises program code
`associated with an application program
`associated with an application program
`and an operating system of said computer
`and an operating system of said computer
`system.
`system.”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, said decompressed at least a portion of said boot data
`comprises program code associated with an application program of said 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, and 1.4 above.
`
`See also
`
`“A second issue is that applications often commit small amounts of data
`to disk, resulting in poor compression.”
`
`
`Burrows, 9.
`
`
`“The scheme benefits from concentrating on executable files, which are
`read by few things besides the operating system itself; no attempt is
`made to make the compression transparent to other applications.”
`
`
`
`Burrows, 18.
`
`
`
`
`
`Burrows
`“The method of claim 1, wherein said decompressed at least a portion of said boot data comprises
`program code associated with an application program and an operating system of said computer system.”
`
`
`
`Claim 4
`
`
`
`Page 12 of 26
`
`3204
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`5. The method of claim 1, wherein said
`preloading is performed by a data storage
`controller connected to said boot device.
`
`
`Burrows, as evidenced by the example
`citations below, discloses
`“said preloading is performed by a data
`storage controller connected to said boot
`device.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, said preloading is performed by a data storage
`controller connected to said boot device), 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, and 1.4 above.
`
`See also
`
`“These problems suggest that the compressor should be placed in the
`disk controller, but doing so requires more changes to LFS, and quite
`specialized hardware.”
`
`
`Burrows, 12.
`
`
`“But it is not possible to tell whether a particular disk block will fit in
`the current segment until compression has taken place, so we cannot
`determine what data should be written until the data has been
`transferred to the controller for compression.”
`
`
`Burrows, 12-13.
`
`
`“Once forward references are eliminated, our problem can be solved by
`placing a large buffer in the disk controller to hold the compressed
`data.”
`
`
`Burrows, 13.
`
`
`“Thus, the file system can prepare a larger amount of data for writing
`than will actually fit in the current segment, and can instruct the
`controller to truncate the write if it occupies more than the amount of
`physical space available.”
`
`
`Burrows, 13.
`
`
`Burrows
`“The method of claim 1, wherein said preloading is performed by a
`data storage controller connected to said boot device.”
`
`
`
`Claim 5
`
`
`
`Page 13 of 26
`
`3205
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`“Finally, a disk controller containing a compressor must inform the
`software where each compressed block fell on the disk. Ideally, it would
`also construct the logical block map and append it to the data being
`written, in order to avoid an extra disk transfer to place the map at the
`end of the segment.”
`
`“The design can be adapted to use hardware compression devices, either
`combined with a disk controller or packaged separately.”
`
`
`Burrows, 13.
`
`
`Burrows, 18.
`
`
`
`
`Burrows
`“The method of claim 1, wherein said preloading is performed by a
`data storage controller connected to said boot device.”
`
`
`
`Claim 5
`
`
`
`Page 14 of 26
`
`3206
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`6. The method of claim 1, further
`Burrows, as evidenced by the example
`citations below, discloses
`comprising updating the list of boot data.
`“updating the list of boot data.”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, updating the list of boot data), 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, and 1.4 above.
`
`
`
`
`Burrows
`“The method of claim 1, further comprising updating the list of boot data.”
`
`
`
`Claim 6
`Page 15 of 26
`
`
`
`3207
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`8. The method of claim 1, wherein
`Burrows, as evidenced by the example
`citations below, discloses
`Lempel-Ziv encoding is utilized to
`“Lempel-Ziv encoding is utilized to
`provide said at least a portion of said boot
`provide said at least a portion of said boot
`data in said compressed form.
`data in said compressed form.”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, wherein Lempel-Ziv encoding is utilized to provide
`said at least a portion of said boot data in said compressed 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, and 1.4 above.
`
`See also
`
`“Besides the algorithms based on Wheeler’s ideas, we tried the LZRW1-
`A and LZRW3-A algorithms due to Williams. A full description and
`implementation are available elsewhere [15, 16], so we omit the details
`here.”
`
`Burrows, 11. See also Table 2.
`
`“For comparison, we include figures for the popular compress utility,
`which uses the LZC algorithm, and the zoo archiver, which uses the LZSS
`algorithm. The table shows that the algorithms we chose are quite fast,
`but better compression could be obtained by sacrificing speed.
`
`Bell, Witten, and Cleary give a more thorough comparison of
`compression algorithms and their effectiveness on different sorts of data
`[3]. They also describe the LZC and LZSS algorithms.”
`
`Burrows, 11-12.
`
`
`
`
`
`Burrows
`“The method of claim 1, wherein Lempel-Ziv encoding is utilized to provide said at least
` a portion of said boot data in said compressed form.”
`
`
`
`Claim 8
`
`
`
`Page 16 of 26
`
`3208
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`9. The method of claim 1, wherein a
`Burrows, as evidenced by the example
`citations below, discloses
`plurality of encoders are utilized to
`“a plurality of encoders are utilized to
`provide said at least a portion of
`provide said at least a portion of
`compressed data in compressed form.
`compressed data in compressed form.”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, wherein a plurality of encoders are utilized to provide
`said at least a portion of compressed data in compressed 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, and 1.4 above.
`
`
`
`
`
`Burrows
`“The method of claim 1, wherein a plurality of encoders are utilized to provide said at least
`a portion of compressed data in compressed form.”
`
`
`
`Claim 9
`
`
`
`Page 17 of 26
`
`3209
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`11.1. a processor;
`
`
`Burrows, as evidenced by the example
`citations below, discloses
`“a processor.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, a processor), 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.
`
`Burrows discloses this limitation:
`
`See Claim 1.2 above.
`
`
`
`Burrows
`“A system comprising: a processor;”
`
`
`
`
`
`Claim 11.1
`Page 18 of 26
`
`
`
`3210
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`11.2. a memory; and
`
`
`Burrows, as evidenced by the example
`citations below, discloses
`“a memory.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, a 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.3, and 1.4 above.
`
`
`
`
`Burrows
`“a memory”
`
`
`
`
`
`Claim 11.2
`Page 19 of 26
`
`
`
`3211
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`11.3.1 a non-volatile memory device for
`storing logic code associated with the
`processor, wherein said logic code
`comprises instructions executable by the
`processor for maintaining a list of boot
`data used for booting the host system, at
`least a portion of said boot data is stored
`in compressed form in said non-volatile
`memory device,
`
`Burrows, as evidenced by the example
`citations below, discloses
`“a non-volatile memory device for storing
`logic code associated with the processor,
`wherein said logic code comprises
`instructions executable by the processor
`for maintaining a list of boot data used for
`booting the host system, at least a portion
`of said boot data is stored in compressed
`form in said non-volatile memory device.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, a non-volatile memory device for storing logic code
`associated with the processor, wherein said logic code comprises instructions executable
`by the processor for maintaining a list of boot data used for booting the host system, at
`least a portion of said boot data is stored in compressed form in said non-volatile memory
`device), 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, 1.4 above.
`
`
`
`Claim 11.3.1
`
`Burrows
`“a non-volatile memory device for storing logic code associated with the processor, wherein said logic code comprises instructions
`executable by the processor for maintaining a list of boot data used for booting the host system, at least a portion of said boot data is
`stored in compressed form in said non-volatile memory device”
`
`
`
`Page 20 of 26
`
`3212
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`11.3.2 said at least a portion of said boot
`data in compressed form is preloaded into
`said memory, and said preloaded at least a
`portion of boot data in compressed form is
`decompressed and utilized to boot said
`computer system; and,
`
`Burrows, as evidenced by the example
`citations below, discloses
`“said at least a portion of said boot data in
`compressed form is preloaded into said
`memory, and said preloaded at least a
`portion of boot data in compressed form is
`decompressed and utilized to boot said
`computer system.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, said at least a portion of said boot data in compressed
`form is preloaded into said memory, and said preloaded at least a portion of boot data in
`compressed form is decompressed and utilized to boot said 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.3, 1.4, and 1.5 above.
`
`
`
`
`
`Burrows
`“said at least a portion of said boot data in compressed form is preloaded into said memory, and said preloaded
`at least a portion of boot data in compressed form is decompressed and utilized to boot said computer system”
`
`
`
`
`Claim 11.3.2
`
`Page 21 of 26
`
`3213
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`11.4 a data compression engine for
`providing said at least a portion of said
`boot data in compressed form by
`compressing said at least a portion of said
`boot data and decompressing said at least
`a portion of said boot data in compressed
`form to provide said decompressed at
`least a portion of boot data.
`
`Burrows, as evidenced by the example
`citations below, discloses
`“a data compression engine for providing
`said at least a portion of said boot data in
`compressed form by compressing said at
`least a portion of said boot data and
`decompressing said at least a portion of
`said boot data in compressed form to
`provide said decompressed at least a
`portion of boot data.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, a data compression engine for providing said at least
`a portion of said boot data in compressed form by compressing said at least a portion of
`said boot data and decompressing said at least a portion of said boot data in compressed
`form to provide said decompressed at least a portion of boot data), 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1 and 1.5 above.
`
`
`
`
`
`Claim 11.4
`
`Burrows
`“a data compression engine for providing said at least a portion of said boot data in compressed form by compressing said at least a
`portion of said boot data and decompressing said at least a portion of said boot data in compressed form to provide said decompressed
`at least a portion of boot data.”
`
`
`
`Page 22 of 26
`
`3214
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`12. The system of claim 11, wherein said
`logic code further comprises program
`instructions executable by said processor
`for maintaining a list of application data
`associated with an application program.
`
`Burrows, as evidenced by the example
`citations below, discloses
`“said logic code further comprises
`program instructions executable by said
`processor for maintaining a list of
`application data associated with an
`application program.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, said logic code further comprises program
`instructions executable by said processor for maintaining a list of application data
`associated with an application program), 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 3, and 11.3.1 above.
`
`
`
`
`
`Burrows
`“The system of claim 11, wherein said logic code further comprises program instructions executable
`by said processor for maintaining a list of application data associated with an application program.”
`
`
`
`Claim 12
`
`
`
`Page 23 of 26
`
`3215
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`13. The system of claim 11, wherein said
`logic code further comprises program
`instructions executable by said processor
`for maintaining a list of application data
`associated with an application program,
`and wherein said application data is
`preloaded upon launching the application
`program and utilized by said computer
`system.
`
`Burrows, as evidenced by the example
`citations below, discloses
`“wherein said logic code further
`comprises program instructions
`executable by said processor for
`maintaining a list of application data
`associated with an application program,
`and wherein said application data is
`preloaded upon launching the application
`program and utilized by said computer
`system.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, wherein said logic code further comprises program
`instructions executable by said processor for maintaining a list of application data
`associated with an application program, and wherein said application data is preloaded
`upon launching the application program and utilized by said 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.
`
`Burrows discloses this limitation:
`
`See Claims 1.1, 1.3, 3, 5 and 11.3.1 and 11.3.2 above.
`
`
`
`
`Claim 13
`
`Burrows
`“The system of claim 11, wherein said logic code further comprises program instructions executable by said processor for maintaining
`a list of application data associated with an application program, and wherein said application data is preloaded upon launching the
`application program and utilized by said computer system.”
`
`
`
`Page 24 of 26
`
`3216
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`15. The system of claim 11, wherein
`Lempel-Ziv encoding is utilized to
`provide said at least a portion of said boot
`data in compressed form.
`
`Burrows, as evidenced by the example
`citations below, discloses
`“Lempel-Ziv encoding is utilized to
`provide said at least a portion of said boot
`data in compressed form.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, Lempel-Ziv encoding is utilized to provide said at
`least a portion of said boot data in compressed 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.
`
`Burrows discloses this limitation:
`
`See Claims 1, 8, and 11 above.
`
`
`
`
`
`
`
`Burrows
`“The system of claim 11, wherein Lempel-Ziv encoding is utilized to provide
`said at least a portion of said boot data in compressed form.”
`
`
`
`Claim 15
`
`
`
`Page 25 of 26
`
`3217
`
`

`

`Appendix B27
`Invalidity of U.S. Patent 8,090,936 based on Burrows
`
`
`16. The system of claim 11, wherein a
`plurality of encoders are utilized to
`provide said at least a portion of said boot
`data in compressed form.
`
`Burrows, as evidenced by the example
`citations below, discloses
`“a plurality of encoders are utilized to
`provide said at least a portion of said boot
`data in compressed form.”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, a plurality of encoders are utilized to provide said at
`least a portion of said boot data in compressed 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.
`
`Burrows discloses this limitation:
`
`See Claims 1, 9, and 11 above.
`
`
`
`
`Burrows
`“The system of claim 11, wherein a plurality of encoders are utilized to provide said
`at least a portion of said boot data in compressed form.
`
`
`
`Claim 16
`
`
`
`Page 26 of 26
`
`3218
`
`

`

`Appendix B28
`Invalidity of U.S. Patent 8,090,936 based on Cheng
`
`The publication Cheng et al., Fast and highly reliable IBMLZ1 compression chip and
`algorithm for storage, Hot Chips V11, August 1995 (“Cheng”) invalidates claims 1-6, 8-9,
`11-13, and 15-16 of United States Patent No. 8,090,936 (“the ’936 Patent”) pursuant to 35
`U.S.C. § 102 and/or 35 U.S.C. § 103 either alone or in combination with other prior art
`references, and/or in combination with the knowledge of a person of ordinary skill.
`
`The analysis provided in this chart may in some instances uses Realtime’s proposed (or
`implied) claim constructions, and Apple reserves all rights to challenge these proposed (or
`implied) constructions. To the extent any of the charted prior art should fail to disclose an
`element of any claims of the ’936 Patent, Apple reserves the right to rely upon the
`knowledge of one skilled in the art, or any other disclosed prior art, alone or in combination,
`whether produced by Apple or by Realtime, to show the element and thereby invalidate
`those claims. Citations given in the chart below are merely representative of the respective
`elements and are not meant to be exhaustive.
`
`
`
`
`
`Cheng
`
`
`
`
`
`
`Page 1 of 25
`
`3219
`
`

`

`Appendix B28
`Invalidity of U.S. Patent 8,090,936 based on Cheng
`
`
`1.1 maintaining a list of boot data used
`for booting a computer system, wherein at
`least a portion of said boot data is
`compressed by a data compression engine
`to provide said at least a portion of said
`boot data in compressed form, and stored
`in compressed form on a boot device;
`
`Cheng, as evidenced by the exemplary
`citations below, discloses
`“maintaining a list of boot data used for
`booting a computer system, wherein at
`least a portion of said boot data is
`compressed by a data compression engine
`to provide said at least a portion of said
`boot data in compressed form, and stored
`in compressed form on a boot device;”
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, maintaining a list of boot data used for booting a
`computer system, wherein at least a portion of said boot data is compressed by a data
`compression engine to provide said at least a portion of said boot data in compressed
`form, and stored in compressed form on a boot device), 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.
`
`Cheng discloses this limitation:
`
`“Compression Benefits for Storage System
`
`• Compression x Compaction = 4.5 X - 6.0 X
`
`•System Performance”
`
`Cheng, 144. See also Cheng, 144 Fig.1, Fig. 2.
`
`“Data compression allows more efficient use of storage media and
`communication bandwidth. Standard compression offerings for tape
`storage have been well-established since the late 1980s.”
`
`Cheng, 155.
`
`“Compression allows existing platforms and applications to benefit from
`a lower storage cost and potentially higher performance without any
`change to system hardware or software.”
`
`Cheng, 155.
`
`“The IBMLZl algorithm and technology was designed for high
`compression/decompression
`throughput with efficient hardware
`implementation, high reliability, low system overhead, and robust
`compression. Data integrity and reliability are ensured by coupled
`Claim 1.1
`
`Cheng
`“maintaining a list of boot data used for booting a computer system, wherein at least a portion of said boot data is compressed by a
`data compression engine to provide said at least a portion of said boot data in compressed form, and stored in compressed form on a
`boot device;”
`
`Page 2 of 25
`
`3220
`
`

`

`Appendix B28
`Invalidity of U.S. Patent 8,090,936 based on Cheng
`
`scrubbing operation, and
`compression-decompression checking,
`extensive build-in checkings. Extremely low CPB=l6 compression and
`decompression
`have
`been
`achieved. The
`extremely
`high
`compressing/decompressing throughput of 30 MB/sec-50 MB/sec allows
`transparent mode of operation and hence achieved minimal system
`overhead. The IBMLZl algorithm compresses well over the VM, MVS,
`RS6000, and PC test cases.”
`
`Cheng, 163.
`
`Claim 1.1
`
`Cheng
`“maintaining a list of boot data used for booting a computer system, wherein at least a portion of said boot data is compressed by a
`data compression engine to provide said at least a portion of said boot data in compressed form, and stored in compressed form on a
`boot device;”
`
`Page 3 of 25
`
`3221
`
`

`

`Appendix B28
`Invalidity of U.S. Patent 8,090,936 based on Cheng
`
`
`1.2 initializing a central processing unit of
`said computer system;
`
`
`Cheng, as evidenced by the example
`citations below, discloses
`“initializing a central processing unit of
`said computer system;”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, initializing a central processing unit of said 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..
`
`Cheng
`“initializing a central processing unit of said computer system;”
`
`
`
`
`
`Claim 1.2
`Page 4 of 25
`
`
`
`3222
`
`

`

`Appendix B28
`Invalidity of U.S. Patent 8,090,936 based on Cheng
`
`
`1.3 preloading said at least a portion of
`said boot data in compressed form from
`said boot device to a memory;
`
`Cheng, as evidenced by the example
`citations below, discloses
`“preloading said at least a portion of said
`boot data in compressed form from said
`boot device to a memory;”
`
`To the extent that Realtime contends this reference does not explicitly disclose this
`element of this claim (for example, preloading said at least a portion of said boot data in
`compressed form from said boot device to a memory), Apple contends that one of skill
`in the art would understand the operation of booting a computer