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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`GOOGLE INC.
`Petitioner
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`v.
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`BLACKBERRY LTD.
`Patent Owner
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`____________________
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`Patent No. 8,402,384
`____________________
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`DECLARATION OF DR. DAN R. OLSEN JR.
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`GOOGLE EXHIBIT 1002
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`Page 1 of 110
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
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`TABLE OF CONTENTS
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`INTRODUCTION .......................................................................................... 1
`I.
`BACKGROUND AND QUALIFICATIONS ................................................ 1
`II.
`III. SUMMARY OF OPINIONS .......................................................................... 4
`IV. PERSON OF ORDINARY SKILL IN THE ART ......................................... 5
`V.
`TECHNICAL BACKGROUND .................................................................... 5
`VI. OVERVIEW OF THE ’384 PATENT ........................................................... 8
`VII. CLAIM CONSTRUCTION ........................................................................... 9
`VIII. OVERVIEW OF THE PRIOR ART .............................................................. 9
`Cadiz ................................................................................................... 10
`A.
`Ng ....................................................................................................... 17
`B.
`C. Matthews ............................................................................................ 18
`Smith ................................................................................................... 20
`D.
`IX. THE PRIOR ART DISCLOSES OR SUGGESTS ALL OF THE
`FEATURES OF CLAIMS 1-13 OF THE ’384 PATENT ............................ 21
`Cadiz Discloses or Suggests the Features of Claims 1, 4-7, and
`A.
`10-13 ................................................................................................... 21
`1.
`Claim 1 ..................................................................................... 22
`2.
`Claim 4 ..................................................................................... 71
`3.
`Claim 5 ..................................................................................... 72
`4.
`Claim 6 ..................................................................................... 74
`5.
`Claim 7 ..................................................................................... 76
`6.
`Claim 10 ................................................................................... 79
`7.
`Claim 11 ................................................................................... 82
`8.
`Claim 12 ................................................................................... 85
`9.
`Claim 13 ................................................................................... 89
`Cadiz in view of Ng Discloses or Suggests the Features of
`Claims 2 and 3 .................................................................................... 92
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`B.
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`C.
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`Claim 2 ..................................................................................... 92
`1.
`Claim 3 ..................................................................................... 97
`2.
`Cadiz in view of Matthews Discloses or Suggests the Features
`of Claim 8 ........................................................................................... 97
`1.
`Claim 8 ..................................................................................... 97
`Cadiz in view of Smith Discloses or Suggests the Features of
`Claim 9 ............................................................................................. 101
`2.
`Claim 9 ................................................................................... 102
`CONCLUSION ........................................................................................... 107
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`D.
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`ii
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`X.
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`I, Dr. Dan R. Olsen Jr., declare as follows:
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
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`
`I.
`
`INTRODUCTION
`1.
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`I have been retained by Google Inc. (“Petitioner”) as an independent
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`expert consultant in this proceeding before the United States Patent and Trademark
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`Office (“PTO”) regarding U.S. Patent No. 8,402,384 (“the ’384 patent”) (Ex.
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`1001). I have been asked to consider whether certain references disclose or suggest
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`the features recited in claims 1-13 (“the challenged claims”) of the ’384 patent. My
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`opinions are set forth below.
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`2.
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`I am being compensated at my rate of $500 per hour for the time I
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`spend on this matter. My compensation is in no way contingent on the nature of
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`my findings, the presentation of my findings in testimony, or the outcome of this or
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`any other proceeding. I have no other interest in this proceeding.
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`II. BACKGROUND AND QUALIFICATIONS
`3.
`I have more than 35 years of experience in computer science and
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`human-computer interaction (HCI). I hold a doctorate in Computing and
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`Information from the University of Pennsylvania. For 3 ½ years I was an Assistant
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`Professor of Computer Science at Arizona State University. I then served for 30
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`years on the faculty of Brigham Young University, retiring as a full professor in
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`2015. During that time at BYU, I also served as the chair of the Department of
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`Computer Science. I took leave from BYU in 1996 to become the founding
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`director of the Human Computer Interaction Institute in the School of Computer
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`Science at Carnegie Mellon University. I returned to BYU in 1998. I am currently
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`the CEO of a software startup in educational technology (SparxTeq, Inc).
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`4.
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`During the course of my academic career, I authored over 70 papers in
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`the field of computer science. The topics on which I have published papers are:
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` User Interface Management Systems
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` Syntactic representations of user interfaces
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` Multi-user interaction across networks
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` Induction of interaction behavior from pictures
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` Novel interaction techniques using speech and laser pointers
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` Interactive machine learning
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` Interactive robotics
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` Interactive television
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`5.
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`I currently hold 4 patents in human-computer interaction. I have
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`authored 3 textbooks on the techniques of software design for human-computer
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`interaction.
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`6.
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`I have had extensive involvement in professional societies, such as the
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`Association for Computing Machinery (ACM), the premiere society in computing.
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`I have served in many offices of ACM’s Special Interest Group on Computer
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`Human Interaction (SIGCHI) and currently serve as its treasurer. I have been
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`conference chair of CHI, which is the premier conference in Computer Human
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`Interaction. I was the founding editor of ACM’s Transactions on Computer Human
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`Interaction. I was a co-founder and active leader for the conference on User
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`Interface Software and Technology (UIST) for the past 29 years. I have also served
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`at the governor’s request on the Utah Science, Technology and Research (USTAR)
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`board, which oversees and funds state economic development efforts in
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`technology.
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`7.
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`I twice received best paper awards in intelligent user interfaces. In
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`2004, I was appointed to the CHI Academy for international excellence in
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`Computer Human Interaction research. In 2007, I was recognized as one of ACM’s
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`Fellows for research in computer science and in 2012 received the CHI Lifetime
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`Research Award, which is the highest award in Computer Human Interaction.
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`8.
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`I understand that a copy of my curriculum vitae, which includes a
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`more detailed summary of my background, experience, and publications, is
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`provided as Ex. 1003.
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`Declaration of Dr. Dan R. Olsen Jr.
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`III. SUMMARY OF OPINIONS1
`9.
`The opinions contained in this Declaration are based on the
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`documents I reviewed, my professional judgment, as well as my education,
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`experience, and knowledge regarding graphical user interfaces.
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`10.
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`In forming my opinions expressed in this Declaration, I reviewed the
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`’384 patent (Ex. 1001); the prosecution file history for the ’384 patent (Ex. 1004);
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`U.S. Patent Application Publication No. 2002/0186257 (“Cadiz”) (Ex. 1005); U.S.
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`Patent Publication No. 2004/0075701 (“Ng”) (Ex. 1006); U.S. Patent Publication
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`No. 2005/0198584 (“Matthews”) (Ex. 1008); U.S. Patent No. 6,333,973 (“Smith”)
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`(Ex. 1009); Caroline Rose et al.,“Inside Macintosh Volume 1,” 1985 (“Inside
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`Macintosh”) (Ex. 1012); “Macintosh Human Interface Guidelines,” Apple
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`Computer, Inc., 1995 (Ex. 1013); and any other materials I refer to in this
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`Declaration in support of my opinions.
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`11. My opinions have also been guided by my appreciation of how a
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`person of ordinary skill in the art would have understood the claims and the
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`specification of the ’384 patent at the time of the alleged invention, which I have
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`1 Citations to non-patent publications are to the original page numbers of the
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`publication, and citations to U.S. Patents are to the column:line number or
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`paragraph number of the patents, as applicable.
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`been asked to initially consider as the mid to late 2004 time frame, including the
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`November 9, 2004 filing date of the ’384 patent. My opinions reflect how one of
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`ordinary skill in the art would have understood the ’384 patent, the prior art to the
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`patent, and the state of the art at the time of the alleged invention.
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`12. As I discuss in detail below, it is my opinion that certain references
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`disclose or suggest all the features recited in claims 1-13 of the ’384 patent.
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`IV. PERSON OF ORDINARY SKILL IN THE ART
`13. Based on my review of the types of problems encountered in the art,
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`prior solutions to those problems, the rapidity with which innovations were made,
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`the sophistication of the technology, and the educational level of active workers in
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`the field, I believe a person of ordinary skill in the art at the time of the alleged
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`invention, which I was asked to assume was mid to late 2004, would have had at
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`least an undergraduate degree in computer science, electrical engineering, or
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`equivalent thereof, and at least two years of experience in the relevant field, e.g.,
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`graphical user interfaces. More education can supplement practical experience and
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`vice versa.
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`14. All of my opinions in this declaration are from the perspective of one
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`of ordinary skill in the art, as I have defined it here, during the relevant timeframe,
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`i.e., mid to late 2004.
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`V. TECHNICAL BACKGROUND
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`15. The ’384 patent and the prior art cited in this Declaration are generally
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`directed to displaying information in a graphical user interface (GUI). At the time
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`of the alleged invention, GUIs were well known in a variety of contexts, and a
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`person of ordinary skill in the art would have known how to adapt a GUI for
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`various specific implementation requirements.
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`16. Various concepts in GUI design were known many years prior to the
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`alleged invention of the ’384 patent. One such concept is the notion of a
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`“window.” In early systems, this was a rectangular region of a display reserved for
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`a particular purpose. In later systems, windows could be something other than
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`rectangles. Such window screen regions could be created in a variety of ways and
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`for a variety of purposes. Many windows had borders that allowed the user to
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`move and resize the window. Many other windows did not have such borders.
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`17. This windows-based architecture was introduced commercially as part
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`of the Xerox Star in 1981 and made popular by the Apple Macintosh. The book
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`“Inside Macintosh Volume 1” (Ex. 1012) was published in 1985 and details how
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`this software architecture works. In addition, Apple Computer, Inc. published a
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`book called “Macintosh Human Interface Guidelines” (Ex. 1013) which detailed
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`how user interfaces on the Macintosh were supposed to look and behave. One
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`printing of this document appeared in 1995, well before the alleged invention date.
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`Both of these documents were influential in the field of graphical user interfaces.
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`The Microsoft Windows system and its documentation drew heavily on both of
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`these texts.
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`18. Because so much of this architecture was designed around rectangular
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`windows, virtually any part of a GUI at the time was based on such window
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`definitions. It did not matter whether the window popped up from a menu,
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`appeared to flow out from a bar or button, or just lived on its own; the underlying
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`software architecture for such rectangular windows was the same, and the visual
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`design ideas were the same. Learning from the appearance and behavior from one
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`window implementation to another such window implementation would have been
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`within the knowledge of a person of ordinary skill in the art.
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`19.
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`In my opinion, prior to the alleged invention for the ’384 patent, the
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`concept of, and technologies to implement such a concept, updating a display in
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`response to a change in information was known and commonly used in art of the
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`’384 patent. For example, “Inside Macintosh” describes how a window should be
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`redrawn as a result of an “update” event. Ex. 1012 at I-278 to I-279. This basic
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`architecture of generating an event or method call to redraw a region of the screen
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`from underlying information has been part of GUI systems since at least that time.
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`Thus, how to update a screen in response to changed information was well known
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`at the time of the alleged invention.
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`20. For instance, an example of this screen refresh technique can be found
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`in the redrawing of menu highlights as the mouse moves in Windows 95 (released
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`in 1995). As the mouse moves, a redraw event is generated causing the menu to be
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`redrawn to highlight the menu item currently under the mouse. Windows 95 was
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`one of the most widely used pieces of software at the time. Also, at the time of the
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`alleged invention, computer animation was built around the idea of redrawing the
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`screen on a regular basis. As time changes, the redraw of the screen was invoked to
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`paint a new image to reflect changes in the underlying data. This made logos fly
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`across the screen in Microsoft PowerPoint and many other forms of animation.
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`21. The X Window system that appeared in 1984 was also very influential
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`to GUI designers. One significant concept found in X Windows is that a window
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`could contain other windows. This allows for the recursive definition of complex
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`window layouts.
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`VI. OVERVIEW OF THE ’384 PATENT
`22. The ’384 patent, titled “Dynamic Bar Oriented User Interface,” issued
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`on March 19, 2013, from U.S. Patent Application No. 10/983,606, which was filed
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`on November 9, 2004. It is generally directed to a method for controlling an
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`apparatus in which at least one dynamic bar is displayed on a main screen of a
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`graphical user interface (GUI). Ex. 1004 at 377. The dynamic bar provides
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`interfaces for applications and functions on the apparatus, as well as an expandable
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`pop-up interface for displaying preview information. Id.
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`23. The ’384 patent discloses examples of a GUI that include a dynamic
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`bar. For example, FIG. 5 shows a dynamic bar 304 that includes counts of new
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`events 502, e.g., new voice mail messages, email messages, SMS messages, or
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`contacts online. Ex. 1001 at 7:43-49, FIG. 5. FIG. 6 shows an expansion pop-up
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`602 that lists services 604 associated with the dynamic bar 304, such as voice mail,
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`email, SMS, and chat. Id. at 7:60-8:2, FIG. 6. The expansion pop-up 602 includes
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`an iconic representation of the service 606 and preview information, including a
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`count 608 and a link 610 to invoke the associated application user interface for the
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`service. Id.
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`VII. CLAIM CONSTRUCTION
`24.
`I understand that a claim subject to inter partes review receives the
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`broadest reasonable construction that would have been understood by one of
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`ordinary skill in the art at the time of the alleged invention in light of the
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`specification of the patent in which it appears. I also understand that any term that
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`is not construed should be given its plain and ordinary meaning under the broadest
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`reasonable construction. I followed these principles in forming my opinions in this
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`declaration.
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`VIII. OVERVIEW OF THE PRIOR ART
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`U.S. Patent No. 8,402,384
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`A. Cadiz
`25. Cadiz is generally directed to a system and method for “provid[ing]
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`peripheral awareness of information to a user.” Ex. 1005 at Abstract. Cadiz
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`discloses that information of interest to a user is “automatically tracked or watched
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`via at least one conventional communications interface for accessing one or more
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`conventional communications sources,” and “[c]urrent information is then
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`automatically dynamically provided in an interactive peripheral display which
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`minimizes any potential distraction to the user.” Id. For example, Cadiz discloses
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`displaying on a display of a computing device a “sidebar,” which “can be generally
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`described as a container hosting one or more columns of items in a persistent
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`interactive display strip along one edge of a conventional display device.” Id. at
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`¶[0070]. FIG. 5 of Cadiz (annotated below) “illustrates an exemplary user interface
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`for interacting with a system and method according to the present invention,” and
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`shows a “user interface [that] includes at least one sidebar 505 . . . for displaying
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`iconized tickets” (annotated in red). Id. at ¶[0191].
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`Ex. 1005 at FIG. 5 (annotated).
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`26. According to Cadiz, “[d]etermining or specifying, tracking or
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`watching, and providing the information is accomplished using at least one
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`customizable dynamic encapsulated object, a ‘ticket,’ that when paired with a
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`‘viewer,’ provides peripheral awareness of information to the user.” Id. at Abstract.
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`Various such items are shown in the sidebar 505 of FIG. 5 (e.g., item 515). Cadiz
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`explains the peripheral awareness interface as follows:
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`The aforementioned dynamic thumbnails or “items” generally
`comprise a combination of a “ticket” describing the contact or
`information of
`interest and a specialized “viewer” for
`displaying whatever communications contact or information is
`represented by the ticket. The system and process of the present
`invention then uses one or more “services” to automatically
`interact with, track, or receive the current state of the
`information and/or status of the communications contacts
`described by each ticket. The current state of the information
`and the status of the communications contacts are then
`dynamically provided by hosting each “item” in a “container”
`residing within an interactive “peripheral awareness” interface
`for graphically and/or textually displaying the items. The
`peripheral awareness interface displays information and/or
`communications contacts in such a way as to minimize any
`potential distraction or interruption to the user.
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`Id. at ¶[0065].
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`27. Cadiz discloses examples of information that can be shown to a user
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`in a sidebar. For instance, an item may “represent a person or other entity,” which
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`“is preferably represented by a graphical image representing the current
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`availability of the entity.” Id. at ¶[0194]. To illustrate, FIG. 8A (below) shows a
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`“peripheral awareness interface 800 showing pawns 805 associated with person
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`items 810, 815 and 820 in accordance with the present invention.” Id. at ¶[0201].
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`The sidebar of FIG. 8A includes various types of tracked information, including
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`information pertaining to a calendar appointment, email messages in email folders,
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`availability of online contacts, and a stock price. Id. at FIG. 8A. Cadiz explains that
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`“one exemplary method for using tickets to indicate a person[’]s communication
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`availability status is to use a frontal close-up when the person [is] available, and a
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`profile when the person is busy,” such as shown in FIG. 8A. Id. at ¶[0198], FIG.
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`8A.
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`Id. at FIG. 8A.
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`28. When a person item is selected, a “person window 565” is shown,
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`which provides “further information about the person or entity.” Id. at ¶[0194]; see
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`also id. at ¶¶[0183], [0201], FIG. 5. The person window 565 may include “action
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`buttons for initiating communication via any of a number of conventional
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`communications channels or access points 570,” “communications availability
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`function 575,” and communication history function 580. Id. FIG. 8B (below) of
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`Cadiz is “an exemplary screen image illustrating a dynamic person window or
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`‘enhanced tooltip’ person window 825 accessed by selection of one of the person
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`items 815 of FIG. 8A.” Id., ¶[0201].
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`Id. at FIG. 8B.
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`29. The person window of FIG. 8B “provides a short summary of new
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`messages 825 and 830 sent from the person represented by the person item 820”2
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`as well as “the availability via any of five individual communications channels
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`840, including a short message, email, voice mail, telephone call, or in person
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`availability.” Id. at ¶[0201]. The person window “includes further information
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`about the person or entity, as well as action buttons for initiating communication
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`via any of a number of conventional communications channels, i.e. email, voice
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`mail, instant messaging (IM), cell phone, telephone, mail, etc.” Id. at ¶¶[0183]; see
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`also id. at ¶[0194].
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`30. Thus, Cadiz discloses a person-centric interface in the context of
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`FIGS. 8A-8C as one example of providing dynamically tracked information to a
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`user in a convenient visual format.
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`31. As another example of information displayed in a sidebar, Cadiz
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`discloses that FIG. 10 (below) “represents an email type ticket/item 1010 within
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`another container/sidebar 1000.” Id. at ¶[0203]. Cadiz explains that the viewer 220
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`for displaying such a ticket “is capable of displaying specific email information,
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`2 The reference to person item 820 is a typographical error, as the person window
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`in FIG. 8B shows “Gavin,” who is displayed as person item 815 in FIG. 8A (not
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`820). Ex. 1005 at FIGS. 8A-8B.
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`such as, for example, number of messages received, or number of messages from a
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`particular source.” Id. at ¶[0025]; see also id. at ¶[0072]. Cadiz discloses that
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`“[u]ser selection of the email ticket/item 1000 serves to expand/open an enhanced
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`tooltip email window 1020 which allows user interaction with received email as
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`from within a typical email application.” Id. at ¶[0203].
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`Ex. 1005 at FIG. 10.
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`32. Thus, Cadiz discloses an email-centric interface in the context of FIG.
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`10 as another example of providing dynamically tracked information to a user in a
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`convenient visual format.
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`33. As shown in each of FIGS. 8A and 10, a single sidebar may display
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`one or more person items together with one or more email items, among other
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`information.
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`B. Ng
`34. Ng is generally directed to “an apparatus and a method for graphically
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`providing alerts and notices on the display of [an] electronic device while the
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`electronic device is in a screen saver mode.” Ex. 1006 at ¶[0013]. Ng discloses
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`various types of electronic devices, such as “a personal digital assistant (‘PDA’), a
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`personal computer (‘PC’), and a cellular telephone.” Id. at ¶[0013]. An example
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`display is shown in FIG. 1 of Ng (annotated below), which includes status
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`indicators such as “a battery status indicator 106 [and] a received signal strength
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`indicator (‘RSSI’) 108.” Id. at ¶[0014].
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`Ex. 1006 at FIG. 1 (annotated). “The battery indicator shows that the device
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`battery is about 100% of its full charged capacity, the RSSI shows that the received
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`signal is at full strength, and . . . [e]ach status indicator is varied as the status of the
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`monitored function varies.” Id. at ¶[0014].
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`C. Matthews
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`U.S. Patent No. 8,402,384
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`35. Matthews is generally directed to “control[ling] tiles within a sidebar”
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`in a user interface. Ex. 1008 at Title. Matthews, which incorporates Cadiz by
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`reference, describes the same sidebar described in Cadiz. Id. at ¶[0049].
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`A sidebar, as illustrated in FIG. 3 can be contrasted with the
`conventional task bar as illustrated in FIG. 11. As used herein, a
`sidebar refers to a persistent display strip along one or more
`edges of a conventional display device such as the monitor 191
`described in relation to FIG. 1 above. The sidebar includes tiles
`or dynamic thumbnails including a combination of a description
`of information of interest and a “viewer” for displaying
`whatever
`information
`is
`represented. A more detailed
`description of the sidebar and the tile, which is otherwise
`referred to as a ticket, can be found in the application for letters
`patent, Ser. No. 10/063,296 [Cadiz], filed Jun. 8, 2001 which is
`hereby incorporated by reference.
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`Id.
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`36. As one example of information presented in a tile, Matthews discloses
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`that an email notification tile 312 in the sidebar contains a listing of emails 314. Id.
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`at ¶[0058] (“Another example of live-data 304 is the email notification tile 312,
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`which contains a listing of emails 314.).
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`U.S. Patent No. 8,402,384
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`Id. at FIG. 3 (annotated), ¶[0049].
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`D.
`37.
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`Smith
`Smith is generally directed to an “integrated message center
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`operat[ing] on telecommunications equipment, having a display and a processor, to
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`consolidate messages of different types for viewing and manipulation by a user.”
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`U.S. Patent No. 8,402,384
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`Ex. 1009 at Abstract. Smith discloses several ways in which received messages of
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`different types are displayed to the user. Id. at FIGS. 6-15B. As one example, FIG.
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`7A of Smith shows that a list of notifications is displayed for received messages,
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`such as calls and emails, with each entry in the list “identif[ying] a received
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`message and includes the sender’s name 7400 and an identification icon 7500,
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`identifying the type of message.” Id. at 8:36-43, FIG. 7A.
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`Id. at FIG. 7A.
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`IX. THE PRIOR ART DISCLOSES OR SUGGESTS ALL OF THE
`FEATURES OF CLAIMS 1-13 OF THE ’384 PATENT
`A. Cadiz Discloses or Suggests the Features of Claims 1, 4-7, and 10-
`13
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
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`I reviewed Cadiz, and, in my opinion, Cadiz discloses or suggests all
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`38.
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`of the features of claims 1, 4-7, and 10-13 of the ’384 patent.
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`1.
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`Claim 1
`a)
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`“A method for controlling an apparatus comprising a
`display, the method comprising:”
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`39.
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`I understand that a “method for controlling an apparatus comprising a
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`display” is the preamble to claim 1 of the ’384 patent. I have been asked to assume
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`that the preamble is a claim limitation. Under that assumption, it is my opinion that
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`Cadiz discloses these features. For example, Cadiz discloses that “an exemplary
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`system for implementing the invention includes a computing device, such as
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`computing device 100” (“apparatus”). Ex. 1005 at ¶[0050], FIG. 1. As shown in
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`FIG. 1, Cadiz’s device includes an output device 116, “such as a display.” Id. at
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`¶[0054], FIG. 1.
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`U.S. Patent No. 8,402,384
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`Id. at FIG. 1 (annotated).
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`40.
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`FIG. 2 also shows that Cadiz’s device includes “any conventional
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`display device 260.” Ex. 1005 at ¶[0074], FIG. 2; see also id. at ¶[0057].
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`U.S. Patent No. 8,402,384
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`Id. at FIG. 23 (annotated).
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`41.
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`Cadiz discloses a method for controlling computing device 100
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`related to displaying a user interface, as exemplified in connection with, e.g.,
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`3 The reference numeral 270 next to “DISPLAY DEVICE” in FIG. 2 is a
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`typographical error, and a person of ordinary skill in the art would have understood
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`that the reference numeral 260 should have been shown instead, because “display
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`device 260” is disclosed at numerous locations in Cadiz. See, e.g., id. at ¶¶[0074]-
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`[0076], [0095]-[0096].
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`U.S. Patent No. 8,402,384
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`FIGS. 4, 5, 6B, 8A, 8B, and 10. For example, Cadiz explains that information “is
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`provided either graphically, textually, or via some combination thereof, by hosting
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`one or items 200 within one or more containers 250 for providing peripheral
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`awareness interfaces on one or more display devices 260.” Ex. 1005 at ¶[0076]; see
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`also id. at ¶¶[0090] (“As noted above, each ticket 210 includes instructions as to
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`which viewer is to be used for displaying the communications contact or
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`information represented by the ticket. For example, one viewer type is capable of
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`displaying contact information, i.e. a “person ticket” as described herein, another is
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`capable of displaying specific email information, such as, for example, a number of
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`messages received, or a number of messages from a particular source or contact,
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`another viewer is designed to interact with a database to provide a summary of
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`particular information from the database in the thumbnail.”), [0094] (“in the spirit
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`of providing peripheral awareness as described herein, one embodiment of the
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`viewer 220 is capable of automatically changing the appearance of graphically
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`displayed tickets 210 over time in order to unobtrusively alert a user as to changing
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`information or communications state or status”), FIGS. 4, 5, 6A-6B, 8A-8B, 10.
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`42. Accordingly, in my opinion, Cadiz discloses a method for controlling
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`an apparatus comprising a display. See also my citations and analysis below for the
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`remaining elements of claim 1.
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`b)
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`“displaying a dynamic bar on the display;”
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`U.S. Patent No. 8,402,384
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`In my opinion, Cadiz discloses these features. For example, Cadiz
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`43.
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`describes presenting on the display “containers,” such as a “sidebar,” (“dynamic
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`bar”), which “host[s] one or more columns of items in a persistent interactive
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`display strip along one edge of a conventional display device.” Ex. 1005 at
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`¶[0070]; see also id. at ¶¶[0071]-[0073], [0077]-[0081], [0089], [0095]-[0099],
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`[0167], [0176]-[0178], [0190]-[0195], [0197], [0201], [0203], FIGS. 2, 3, 4A, 5,
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`6A-6B, 8A, 10. For example, FIG. 5 (annotated below), which “illustrates an
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`exemplary user interface for interacting with a system and method according to the
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`present invention,” shows a “user interface [that] includes at least one sidebar 505 .
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`. . for displaying iconized tickets” (annotated in red). Id. at ¶[0191], FIG. 5. The
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`sidebar described by Cadiz is bar-shaped, consistent with the “dynamic bar”
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`described in the ’868 patent. See, e.g., Ex. 1001 at 7:12-20 (“d