UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`GOOGLE INC.
`Petitioner
`
`v.
`
`BLACKBERRY LTD.
`Patent Owner
`
`____________________
`
`Patent No. 8,402,384
`____________________
`
`DECLARATION OF DR. DAN R. OLSEN JR.
`
`
`
`
`
`
`
`
`
`
`
`
`
`GOOGLE EXHIBIT 1002
`
`Page 1 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`TABLE OF CONTENTS
`
`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
`
`B.
`
`
`
`
`
`i
`
`
`
`Page 2 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`C.
`
`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
`
`D.
`
`ii
`
`
`
`
`
`X.
`
`
`
`
`
`
`
`Page 3 of 110
`
`

`

`I, Dr. Dan R. Olsen Jr., declare as follows:
`
`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`I.
`
`INTRODUCTION
`1.
`
`I have been retained by Google Inc. (“Petitioner”) as an independent
`
`expert consultant in this proceeding before the United States Patent and Trademark
`
`Office (“PTO”) regarding U.S. Patent No. 8,402,384 (“the ’384 patent”) (Ex.
`
`1001). I have been asked to consider whether certain references disclose or suggest
`
`the features recited in claims 1-13 (“the challenged claims”) of the ’384 patent. My
`
`opinions are set forth below.
`
`2.
`
`I am being compensated at my rate of $500 per hour for the time I
`
`spend on this matter. My compensation is in no way contingent on the nature of
`
`my findings, the presentation of my findings in testimony, or the outcome of this or
`
`any other proceeding. I have no other interest in this proceeding.
`
`II. BACKGROUND AND QUALIFICATIONS
`3.
`I have more than 35 years of experience in computer science and
`
`human-computer interaction (HCI). I hold a doctorate in Computing and
`
`Information from the University of Pennsylvania. For 3 ½ years I was an Assistant
`
`Professor of Computer Science at Arizona State University. I then served for 30
`
`years on the faculty of Brigham Young University, retiring as a full professor in
`
`2015. During that time at BYU, I also served as the chair of the Department of
`
`Computer Science. I took leave from BYU in 1996 to become the founding
`
`
`
`
`
`1
`
`
`
`Page 4 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`director of the Human Computer Interaction Institute in the School of Computer
`
`Science at Carnegie Mellon University. I returned to BYU in 1998. I am currently
`
`the CEO of a software startup in educational technology (SparxTeq, Inc).
`
`4.
`
`During the course of my academic career, I authored over 70 papers in
`
`the field of computer science. The topics on which I have published papers are:
`
` User Interface Management Systems
`
` Syntactic representations of user interfaces
`
` Multi-user interaction across networks
`
` Induction of interaction behavior from pictures
`
` Novel interaction techniques using speech and laser pointers
`
` Interactive machine learning
`
` Interactive robotics
`
` Interactive television
`
`5.
`
`I currently hold 4 patents in human-computer interaction. I have
`
`authored 3 textbooks on the techniques of software design for human-computer
`
`interaction.
`
`6.
`
`I have had extensive involvement in professional societies, such as the
`
`Association for Computing Machinery (ACM), the premiere society in computing.
`
`I have served in many offices of ACM’s Special Interest Group on Computer
`
`
`
`
`
`2
`
`
`
`Page 5 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`Human Interaction (SIGCHI) and currently serve as its treasurer. I have been
`
`conference chair of CHI, which is the premier conference in Computer Human
`
`Interaction. I was the founding editor of ACM’s Transactions on Computer Human
`
`Interaction. I was a co-founder and active leader for the conference on User
`
`Interface Software and Technology (UIST) for the past 29 years. I have also served
`
`at the governor’s request on the Utah Science, Technology and Research (USTAR)
`
`board, which oversees and funds state economic development efforts in
`
`technology.
`
`7.
`
`I twice received best paper awards in intelligent user interfaces. In
`
`2004, I was appointed to the CHI Academy for international excellence in
`
`Computer Human Interaction research. In 2007, I was recognized as one of ACM’s
`
`Fellows for research in computer science and in 2012 received the CHI Lifetime
`
`Research Award, which is the highest award in Computer Human Interaction.
`
`8.
`
`I understand that a copy of my curriculum vitae, which includes a
`
`more detailed summary of my background, experience, and publications, is
`
`provided as Ex. 1003.
`
`
`
`
`
`3
`
`
`
`Page 6 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`III. SUMMARY OF OPINIONS1
`9.
`The opinions contained in this Declaration are based on the
`
`documents I reviewed, my professional judgment, as well as my education,
`
`experience, and knowledge regarding graphical user interfaces.
`
`10.
`
`In forming my opinions expressed in this Declaration, I reviewed the
`
`’384 patent (Ex. 1001); the prosecution file history for the ’384 patent (Ex. 1004);
`
`U.S. Patent Application Publication No. 2002/0186257 (“Cadiz”) (Ex. 1005); U.S.
`
`Patent Publication No. 2004/0075701 (“Ng”) (Ex. 1006); U.S. Patent Publication
`
`No. 2005/0198584 (“Matthews”) (Ex. 1008); U.S. Patent No. 6,333,973 (“Smith”)
`
`(Ex. 1009); Caroline Rose et al.,“Inside Macintosh Volume 1,” 1985 (“Inside
`
`Macintosh”) (Ex. 1012); “Macintosh Human Interface Guidelines,” Apple
`
`Computer, Inc., 1995 (Ex. 1013); and any other materials I refer to in this
`
`Declaration in support of my opinions.
`
`11. My opinions have also been guided by my appreciation of how a
`
`person of ordinary skill in the art would have understood the claims and the
`
`specification of the ’384 patent at the time of the alleged invention, which I have
`
`
`1 Citations to non-patent publications are to the original page numbers of the
`
`publication, and citations to U.S. Patents are to the column:line number or
`
`paragraph number of the patents, as applicable.
`
`
`
`
`
`4
`
`
`
`Page 7 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`been asked to initially consider as the mid to late 2004 time frame, including the
`
`November 9, 2004 filing date of the ’384 patent. My opinions reflect how one of
`
`ordinary skill in the art would have understood the ’384 patent, the prior art to the
`
`patent, and the state of the art at the time of the alleged invention.
`
`12. As I discuss in detail below, it is my opinion that certain references
`
`disclose or suggest all the features recited in claims 1-13 of the ’384 patent.
`
`IV. PERSON OF ORDINARY SKILL IN THE ART
`13. Based on my review of the types of problems encountered in the art,
`
`prior solutions to those problems, the rapidity with which innovations were made,
`
`the sophistication of the technology, and the educational level of active workers in
`
`the field, I believe a person of ordinary skill in the art at the time of the alleged
`
`invention, which I was asked to assume was mid to late 2004, would have had at
`
`least an undergraduate degree in computer science, electrical engineering, or
`
`equivalent thereof, and at least two years of experience in the relevant field, e.g.,
`
`graphical user interfaces. More education can supplement practical experience and
`
`vice versa.
`
`14. All of my opinions in this declaration are from the perspective of one
`
`of ordinary skill in the art, as I have defined it here, during the relevant timeframe,
`
`i.e., mid to late 2004.
`
`V. TECHNICAL BACKGROUND
`
`
`
`
`
`5
`
`
`
`Page 8 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`15. The ’384 patent and the prior art cited in this Declaration are generally
`
`directed to displaying information in a graphical user interface (GUI). At the time
`
`of the alleged invention, GUIs were well known in a variety of contexts, and a
`
`person of ordinary skill in the art would have known how to adapt a GUI for
`
`various specific implementation requirements.
`
`16. Various concepts in GUI design were known many years prior to the
`
`alleged invention of the ’384 patent. One such concept is the notion of a
`
`“window.” In early systems, this was a rectangular region of a display reserved for
`
`a particular purpose. In later systems, windows could be something other than
`
`rectangles. Such window screen regions could be created in a variety of ways and
`
`for a variety of purposes. Many windows had borders that allowed the user to
`
`move and resize the window. Many other windows did not have such borders.
`
`17. This windows-based architecture was introduced commercially as part
`
`of the Xerox Star in 1981 and made popular by the Apple Macintosh. The book
`
`“Inside Macintosh Volume 1” (Ex. 1012) was published in 1985 and details how
`
`this software architecture works. In addition, Apple Computer, Inc. published a
`
`book called “Macintosh Human Interface Guidelines” (Ex. 1013) which detailed
`
`how user interfaces on the Macintosh were supposed to look and behave. One
`
`printing of this document appeared in 1995, well before the alleged invention date.
`
`Both of these documents were influential in the field of graphical user interfaces.
`
`
`
`
`
`6
`
`
`
`Page 9 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`The Microsoft Windows system and its documentation drew heavily on both of
`
`these texts.
`
`18. Because so much of this architecture was designed around rectangular
`
`windows, virtually any part of a GUI at the time was based on such window
`
`definitions. It did not matter whether the window popped up from a menu,
`
`appeared to flow out from a bar or button, or just lived on its own; the underlying
`
`software architecture for such rectangular windows was the same, and the visual
`
`design ideas were the same. Learning from the appearance and behavior from one
`
`window implementation to another such window implementation would have been
`
`within the knowledge of a person of ordinary skill in the art.
`
`19.
`
`In my opinion, prior to the alleged invention for the ’384 patent, the
`
`concept of, and technologies to implement such a concept, updating a display in
`
`response to a change in information was known and commonly used in art of the
`
`’384 patent. For example, “Inside Macintosh” describes how a window should be
`
`redrawn as a result of an “update” event. Ex. 1012 at I-278 to I-279. This basic
`
`architecture of generating an event or method call to redraw a region of the screen
`
`from underlying information has been part of GUI systems since at least that time.
`
`Thus, how to update a screen in response to changed information was well known
`
`at the time of the alleged invention.
`
`
`
`
`
`7
`
`
`
`Page 10 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`20. For instance, an example of this screen refresh technique can be found
`
`in the redrawing of menu highlights as the mouse moves in Windows 95 (released
`
`in 1995). As the mouse moves, a redraw event is generated causing the menu to be
`
`redrawn to highlight the menu item currently under the mouse. Windows 95 was
`
`one of the most widely used pieces of software at the time. Also, at the time of the
`
`alleged invention, computer animation was built around the idea of redrawing the
`
`screen on a regular basis. As time changes, the redraw of the screen was invoked to
`
`paint a new image to reflect changes in the underlying data. This made logos fly
`
`across the screen in Microsoft PowerPoint and many other forms of animation.
`
`21. The X Window system that appeared in 1984 was also very influential
`
`to GUI designers. One significant concept found in X Windows is that a window
`
`could contain other windows. This allows for the recursive definition of complex
`
`window layouts.
`
`VI. OVERVIEW OF THE ’384 PATENT
`22. The ’384 patent, titled “Dynamic Bar Oriented User Interface,” issued
`
`on March 19, 2013, from U.S. Patent Application No. 10/983,606, which was filed
`
`on November 9, 2004. It is generally directed to a method for controlling an
`
`apparatus in which at least one dynamic bar is displayed on a main screen of a
`
`graphical user interface (GUI). Ex. 1004 at 377. The dynamic bar provides
`
`
`
`
`
`8
`
`
`
`Page 11 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`interfaces for applications and functions on the apparatus, as well as an expandable
`
`pop-up interface for displaying preview information. Id.
`
`23. The ’384 patent discloses examples of a GUI that include a dynamic
`
`bar. For example, FIG. 5 shows a dynamic bar 304 that includes counts of new
`
`events 502, e.g., new voice mail messages, email messages, SMS messages, or
`
`contacts online. Ex. 1001 at 7:43-49, FIG. 5. FIG. 6 shows an expansion pop-up
`
`602 that lists services 604 associated with the dynamic bar 304, such as voice mail,
`
`email, SMS, and chat. Id. at 7:60-8:2, FIG. 6. The expansion pop-up 602 includes
`
`an iconic representation of the service 606 and preview information, including a
`
`count 608 and a link 610 to invoke the associated application user interface for the
`
`service. Id.
`
`VII. CLAIM CONSTRUCTION
`24.
`I understand that a claim subject to inter partes review receives the
`
`broadest reasonable construction that would have been understood by one of
`
`ordinary skill in the art at the time of the alleged invention in light of the
`
`specification of the patent in which it appears. I also understand that any term that
`
`is not construed should be given its plain and ordinary meaning under the broadest
`
`reasonable construction. I followed these principles in forming my opinions in this
`
`declaration.
`
`VIII. OVERVIEW OF THE PRIOR ART
`
`
`
`
`
`9
`
`
`
`Page 12 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`A. Cadiz
`25. Cadiz is generally directed to a system and method for “provid[ing]
`
`peripheral awareness of information to a user.” Ex. 1005 at Abstract. Cadiz
`
`discloses that information of interest to a user is “automatically tracked or watched
`
`via at least one conventional communications interface for accessing one or more
`
`conventional communications sources,” and “[c]urrent information is then
`
`automatically dynamically provided in an interactive peripheral display which
`
`minimizes any potential distraction to the user.” Id. For example, Cadiz discloses
`
`displaying on a display of a computing device a “sidebar,” which “can be generally
`
`described as a container hosting one or more columns of items in a persistent
`
`interactive display strip along one edge of a conventional display device.” Id. at
`
`¶[0070]. FIG. 5 of Cadiz (annotated below) “illustrates an exemplary user interface
`
`for interacting with a system and method according to the present invention,” and
`
`shows a “user interface [that] includes at least one sidebar 505 . . . for displaying
`
`iconized tickets” (annotated in red). Id. at ¶[0191].
`
`
`
`
`
`10
`
`
`
`Page 13 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`
`
`Ex. 1005 at FIG. 5 (annotated).
`
`26. According to Cadiz, “[d]etermining or specifying, tracking or
`
`watching, and providing the information is accomplished using at least one
`
`customizable dynamic encapsulated object, a ‘ticket,’ that when paired with a
`
`‘viewer,’ provides peripheral awareness of information to the user.” Id. at Abstract.
`
`Various such items are shown in the sidebar 505 of FIG. 5 (e.g., item 515). Cadiz
`
`explains the peripheral awareness interface as follows:
`
`
`
`
`
`11
`
`
`
`Page 14 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`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.
`
`Id. at ¶[0065].
`
`27. Cadiz discloses examples of information that can be shown to a user
`
`in a sidebar. For instance, an item may “represent a person or other entity,” which
`
`“is preferably represented by a graphical image representing the current
`
`availability of the entity.” Id. at ¶[0194]. To illustrate, FIG. 8A (below) shows a
`
`“peripheral awareness interface 800 showing pawns 805 associated with person
`
`items 810, 815 and 820 in accordance with the present invention.” Id. at ¶[0201].
`
`
`
`
`
`12
`
`
`
`Page 15 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`The sidebar of FIG. 8A includes various types of tracked information, including
`
`information pertaining to a calendar appointment, email messages in email folders,
`
`availability of online contacts, and a stock price. Id. at FIG. 8A. Cadiz explains that
`
`“one exemplary method for using tickets to indicate a person[’]s communication
`
`availability status is to use a frontal close-up when the person [is] available, and a
`
`profile when the person is busy,” such as shown in FIG. 8A. Id. at ¶[0198], FIG.
`
`8A.
`
`Id. at FIG. 8A.
`
`
`
`
`
`
`
`13
`
`
`
`Page 16 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`28. When a person item is selected, a “person window 565” is shown,
`
`which provides “further information about the person or entity.” Id. at ¶[0194]; see
`
`also id. at ¶¶[0183], [0201], FIG. 5. The person window 565 may include “action
`
`buttons for initiating communication via any of a number of conventional
`
`communications channels or access points 570,” “communications availability
`
`function 575,” and communication history function 580. Id. FIG. 8B (below) of
`
`Cadiz is “an exemplary screen image illustrating a dynamic person window or
`
`‘enhanced tooltip’ person window 825 accessed by selection of one of the person
`
`items 815 of FIG. 8A.” Id., ¶[0201].
`
`Id. at FIG. 8B.
`
`
`
`
`
`
`
`14
`
`
`
`Page 17 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`29. The person window of FIG. 8B “provides a short summary of new
`
`messages 825 and 830 sent from the person represented by the person item 820”2
`
`as well as “the availability via any of five individual communications channels
`
`840, including a short message, email, voice mail, telephone call, or in person
`
`availability.” Id. at ¶[0201]. The person window “includes further information
`
`about the person or entity, as well as action buttons for initiating communication
`
`via any of a number of conventional communications channels, i.e. email, voice
`
`mail, instant messaging (IM), cell phone, telephone, mail, etc.” Id. at ¶¶[0183]; see
`
`also id. at ¶[0194].
`
`30. Thus, Cadiz discloses a person-centric interface in the context of
`
`FIGS. 8A-8C as one example of providing dynamically tracked information to a
`
`user in a convenient visual format.
`
`31. As another example of information displayed in a sidebar, Cadiz
`
`discloses that FIG. 10 (below) “represents an email type ticket/item 1010 within
`
`another container/sidebar 1000.” Id. at ¶[0203]. Cadiz explains that the viewer 220
`
`for displaying such a ticket “is capable of displaying specific email information,
`
`2 The reference to person item 820 is a typographical error, as the person window
`
`in FIG. 8B shows “Gavin,” who is displayed as person item 815 in FIG. 8A (not
`
`820). Ex. 1005 at FIGS. 8A-8B.
`
`
`
`
`
`15
`
`
`
`Page 18 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`such as, for example, number of messages received, or number of messages from a
`
`particular source.” Id. at ¶[0025]; see also id. at ¶[0072]. Cadiz discloses that
`
`“[u]ser selection of the email ticket/item 1000 serves to expand/open an enhanced
`
`tooltip email window 1020 which allows user interaction with received email as
`
`from within a typical email application.” Id. at ¶[0203].
`
`
`
`Ex. 1005 at FIG. 10.
`
`32. Thus, Cadiz discloses an email-centric interface in the context of FIG.
`
`10 as another example of providing dynamically tracked information to a user in a
`
`convenient visual format.
`
`
`
`
`
`16
`
`
`
`Page 19 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`33. As shown in each of FIGS. 8A and 10, a single sidebar may display
`
`one or more person items together with one or more email items, among other
`
`information.
`
`B. Ng
`34. Ng is generally directed to “an apparatus and a method for graphically
`
`providing alerts and notices on the display of [an] electronic device while the
`
`electronic device is in a screen saver mode.” Ex. 1006 at ¶[0013]. Ng discloses
`
`various types of electronic devices, such as “a personal digital assistant (‘PDA’), a
`
`personal computer (‘PC’), and a cellular telephone.” Id. at ¶[0013]. An example
`
`display is shown in FIG. 1 of Ng (annotated below), which includes status
`
`indicators such as “a battery status indicator 106 [and] a received signal strength
`
`indicator (‘RSSI’) 108.” Id. at ¶[0014].
`
`
`
`
`
`17
`
`
`
`Page 20 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`Ex. 1006 at FIG. 1 (annotated). “The battery indicator shows that the device
`
`battery is about 100% of its full charged capacity, the RSSI shows that the received
`
`signal is at full strength, and . . . [e]ach status indicator is varied as the status of the
`
`
`
`monitored function varies.” Id. at ¶[0014].
`
`C. Matthews
`
`
`
`
`
`18
`
`
`
`Page 21 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`35. Matthews is generally directed to “control[ling] tiles within a sidebar”
`
`in a user interface. Ex. 1008 at Title. Matthews, which incorporates Cadiz by
`
`reference, describes the same sidebar described in Cadiz. Id. at ¶[0049].
`
`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.
`
`Id.
`
`36. As one example of information presented in a tile, Matthews discloses
`
`that an email notification tile 312 in the sidebar contains a listing of emails 314. Id.
`
`at ¶[0058] (“Another example of live-data 304 is the email notification tile 312,
`
`which contains a listing of emails 314.).
`
`
`
`
`
`19
`
`
`
`Page 22 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`
`
`Id. at FIG. 3 (annotated), ¶[0049].
`
`D.
`37.
`
`Smith
`Smith is generally directed to an “integrated message center
`
`operat[ing] on telecommunications equipment, having a display and a processor, to
`
`consolidate messages of different types for viewing and manipulation by a user.”
`
`
`
`
`
`20
`
`
`
`Page 23 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`Ex. 1009 at Abstract. Smith discloses several ways in which received messages of
`
`different types are displayed to the user. Id. at FIGS. 6-15B. As one example, FIG.
`
`7A of Smith shows that a list of notifications is displayed for received messages,
`
`such as calls and emails, with each entry in the list “identif[ying] a received
`
`message and includes the sender’s name 7400 and an identification icon 7500,
`
`identifying the type of message.” Id. at 8:36-43, FIG. 7A.
`
`
`
`Id. at FIG. 7A.
`
`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
`
`
`
`
`
`21
`
`
`
`Page 24 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`I reviewed Cadiz, and, in my opinion, Cadiz discloses or suggests all
`
`38.
`
`of the features of claims 1, 4-7, and 10-13 of the ’384 patent.
`
`1.
`
`Claim 1
`a)
`
`“A method for controlling an apparatus comprising a
`display, the method comprising:”
`
`39.
`
`I understand that a “method for controlling an apparatus comprising a
`
`display” is the preamble to claim 1 of the ’384 patent. I have been asked to assume
`
`that the preamble is a claim limitation. Under that assumption, it is my opinion that
`
`Cadiz discloses these features. For example, Cadiz discloses that “an exemplary
`
`system for implementing the invention includes a computing device, such as
`
`computing device 100” (“apparatus”). Ex. 1005 at ¶[0050], FIG. 1. As shown in
`
`FIG. 1, Cadiz’s device includes an output device 116, “such as a display.” Id. at
`
`¶[0054], FIG. 1.
`
`
`
`
`
`22
`
`
`
`Page 25 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`Id. at FIG. 1 (annotated).
`
`40.
`
`FIG. 2 also shows that Cadiz’s device includes “any conventional
`
`display device 260.” Ex. 1005 at ¶[0074], FIG. 2; see also id. at ¶[0057].
`
`
`
`
`
`
`
`23
`
`
`
`Page 26 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`
`
`
`Id. at FIG. 23 (annotated).
`
`41.
`
`Cadiz discloses a method for controlling computing device 100
`
`related to displaying a user interface, as exemplified in connection with, e.g.,
`
`
`3 The reference numeral 270 next to “DISPLAY DEVICE” in FIG. 2 is a
`
`typographical error, and a person of ordinary skill in the art would have understood
`
`that the reference numeral 260 should have been shown instead, because “display
`
`device 260” is disclosed at numerous locations in Cadiz. See, e.g., id. at ¶¶[0074]-
`
`[0076], [0095]-[0096].
`
`
`
`
`
`24
`
`
`
`Page 27 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`FIGS. 4, 5, 6B, 8A, 8B, and 10. For example, Cadiz explains that information “is
`
`provided either graphically, textually, or via some combination thereof, by hosting
`
`one or items 200 within one or more containers 250 for providing peripheral
`
`awareness interfaces on one or more display devices 260.” Ex. 1005 at ¶[0076]; see
`
`also id. at ¶¶[0090] (“As noted above, each ticket 210 includes instructions as to
`
`which viewer is to be used for displaying the communications contact or
`
`information represented by the ticket. For example, one viewer type is capable of
`
`displaying contact information, i.e. a “person ticket” as described herein, another is
`
`capable of displaying specific email information, such as, for example, a number of
`
`messages received, or a number of messages from a particular source or contact,
`
`another viewer is designed to interact with a database to provide a summary of
`
`particular information from the database in the thumbnail.”), [0094] (“in the spirit
`
`of providing peripheral awareness as described herein, one embodiment of the
`
`viewer 220 is capable of automatically changing the appearance of graphically
`
`displayed tickets 210 over time in order to unobtrusively alert a user as to changing
`
`information or communications state or status”), FIGS. 4, 5, 6A-6B, 8A-8B, 10.
`
`42. Accordingly, in my opinion, Cadiz discloses a method for controlling
`
`an apparatus comprising a display. See also my citations and analysis below for the
`
`remaining elements of claim 1.
`
`b)
`
`“displaying a dynamic bar on the display;”
`
`25
`
`
`
`
`
`
`
`Page 28 of 110
`
`

`

`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,402,384
`
`In my opinion, Cadiz discloses these features. For example, Cadiz
`
`43.
`
`describes presenting on the display “containers,” such as a “sidebar,” (“dynamic
`
`bar”), which “host[s] one or more columns of items in a persistent interactive
`
`display strip along one edge of a conventional display device.” Ex. 1005 at
`
`¶[0070]; see also id. at ¶¶[0071]-[0073], [0077]-[0081], [0089], [0095]-[0099],
`
`[0167], [0176]-[0178], [0190]-[0195], [0197], [0201], [0203], FIGS. 2, 3, 4A, 5,
`
`6A-6B, 8A, 10. For example, FIG. 5 (annotated below), which “illustrates an
`
`exemplary user interface for interacting with a system and method according to the
`
`present invention,” shows a “user interface [that] includes at least one sidebar 505 .
`
`. . for displaying iconized tickets” (annotated in red). Id. at ¶[0191], FIG. 5. The
`
`sidebar described by Cadiz is bar-shaped, consistent with the “dynamic bar”
`
`described in the ’868 patent. See, e.g., Ex. 1001 at 7:12-20 (“dynam