throbber
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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`Patent No. 8,713,466
`____________________
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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 125
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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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 .................................................................... 6
`VI. OVERVIEW OF THE ’466 PATENT ........................................................... 8
`VII. CLAIM CONSTRUCTION ........................................................................... 9
`VIII. OVERVIEW OF THE PRIOR ART ............................................................ 10
`A.
`Cadiz ................................................................................................... 10
`B. Hawkins .............................................................................................. 16
`C.
`Siedlikowski ....................................................................................... 17
`D. Yamadera ............................................................................................ 18
`IX. THE PRIOR ART DISCLOSES OR SUGGESTS ALL OF THE
`FEATURES OF CLAIMS 1-26 OF THE ’466 PATENT ............................ 19
`A.
`Cadiz Discloses or Suggests the Features of Claims 1, 4, 6, 12-
`14, 17, 22, and 24 ............................................................................... 19
`1.
`Claim 1 ..................................................................................... 20
`2.
`Claim 4 ..................................................................................... 65
`3.
`Claim 6 ..................................................................................... 68
`4.
`Claim 12 ................................................................................... 69
`5.
`Claim 13 ................................................................................... 73
`6.
`Claim 14 ................................................................................... 75
`7.
`Claim 17 ................................................................................... 80
`8.
`Claim 22 ................................................................................... 80
`9.
`Claim 24 ................................................................................... 84
`Cadiz in view of Hawkins Discloses or Suggests the Feature of
`Claims 2, 3, 15, and 23 ....................................................................... 85
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`B.
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`C.
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`Claim 2 ..................................................................................... 85
`1.
`Claim 3 ..................................................................................... 89
`2.
`Claim 15 ................................................................................... 91
`3.
`Claim 23 ................................................................................... 92
`4.
`Cadiz in view of Siedlikowski Discloses or Suggests the
`Features of Claims 7-9, 18, 19, and 25 .............................................. 93
`1.
`Claim 7 ..................................................................................... 93
`2.
`Claim 8 ..................................................................................... 99
`3.
`Claim 9 ................................................................................... 100
`4.
`Claim 18 ................................................................................. 103
`5.
`Claim 19 ................................................................................. 104
`6.
`Claim 25 ................................................................................. 105
`Cadiz in view of Yamadera Discloses or Suggests the Features
`of Claims 5, 10, 11, 16, 20, 21, and 26 ............................................ 106
`1.
`Claim 5 ................................................................................... 106
`2.
`Claim 10 ................................................................................. 109
`3.
`Claim 11 ................................................................................. 116
`4.
`Claim 16 ................................................................................. 117
`5.
`Claim 20 ................................................................................. 118
`6.
`Claim 21 ................................................................................. 119
`7.
`Claim 26 ................................................................................. 120
`CONCLUSION ........................................................................................... 122
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`D.
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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. 8,713,466
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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. 8,713,466 (“the ’466 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 1-26 (“the challenged claims”) of the ’466 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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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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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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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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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.
`U.S. Patent No. 8,713,466
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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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`’466 patent (Ex. 1001); the prosecution file history for the ’466 patent (Ex. 1004);
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`the prosecution file history for U.S. Patent No. 8,402,384 (“the ’384 patent”) (Ex.
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`1005), which is the parent of the ’466 patent; U.S. Patent Application Publication
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`No. 2002/0186257 (“Cadiz”) (Ex. 1006); U.S. Patent No. 7,007,239 (“Hawkins”)
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`(Ex. 1007); U.S. Patent No. 6,741,232 (“Siedlikowski”) (Ex. 1008); U.S. Patent
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`Publication No. 2002/0123368 (“Yamadera”) (Ex. 1009); U.S. Patent No.
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`7,454,714 (“Totman”) (Ex. 1010); Caroline Rose et al., “Inside Macintosh Volume
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`1,” 1985 (“Inside Macintosh”) (Ex. 1012), “Macintosh Human Interface
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`Guidelines,” Apple Computer, Inc., 1995 (Ex. 1013); and any other materials I
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`refer to in this Declaration in support of my opinions.
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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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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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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 ’466 patent at the time of the alleged invention, which I have
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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, to which the ’466 patent claims
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`priority. My opinions reflect how one of ordinary skill in the art would have
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`understood the ’466 patent, the prior art to the patent, and the state of the art at the
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`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 1-26 of the ’466 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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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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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
`15. The ’466 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 ’466 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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`“Inside Macintosh” describes how a window should be redrawn as a
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`result of an “update” event. Ex. 1012 at I-278 to I-279. This basic architecture of
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`generating an event or method call to redraw a region of the screen from
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`underlying information has been part of GUI systems since at least that time. Thus,
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`how to update a screen in response to changed information was well known at the
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`time of the alleged invention. One of ordinary skill in the art would have had a
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`similar understanding at the time of the alleged invention for the ’466 patent.
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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 ’466 PATENT
`22. The ’466 patent, titled “Dynamic Bar Oriented User Interface,” issued
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`on April 29, 2014, from U.S. Patent Application No. 13/770,190, which was filed
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`on February 19, 2013. The ’466 patent is a continuation of U.S. Patent Application
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`No. 10/983,606 (now the ’384 patent), which was filed on November 9, 2004. The
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`’466 patent is generally directed to a method and user interface 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. 1001 at Abstract. The dynamic bar provides
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`interfaces for applications and/or functions on the apparatus, as well as a pop-up
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`interface for displaying preview information. Id.
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`23. The ’466 patent discloses examples of a GUI that includes 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. Id. at 7:51-58, FIG. 5. FIG. 6 shows an expansion pop-up 602 that
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`lists services 604 associated with the dynamic bar 304, such as voice mail, email,
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`SMS, and chat. Id. at 8:1-10, FIG. 6. The expansion pop-up 602 includes an iconic
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`representation of the service 606 and preview information, including a count 608
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`and a link 610 to invoke the associated application user interface for the service.
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`Id. at 8:1-10.
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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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`U.S. Patent No. 8,713,466
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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
`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. 1006 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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`Id. 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 [or “item”], a ‘ticket,’ that when paired
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`with a ‘viewer,’ provides peripheral awareness of information to the user.” Id. at
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`Abstract. Various such items are shown in the sidebar 505 of FIG. 5 (e.g., item
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`515).
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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 “information about the person or entity.” Id. at ¶[0194]; see also id.
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`at ¶¶[0183], [0201], FIG. 5. The person window 565 may include “action buttons
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`for initiating communication via any of a number of conventional communications
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`channels or access points 570,” “communications availability function 575,” and
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`communication history function 580. Id. at ¶[0194], FIG. 5. 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. at ¶[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” as
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`well as “the availability via any of five individual communications channels 840,
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`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. 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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`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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`Id. at FIG. 10.
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`31. 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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`Declaration of Dr. Dan R. Olsen Jr.
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`B. Hawkins
`32. Hawkins is generally directed to a “method and apparatus for
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`accessing a contacts database and telephone services.” Ex. 1007 at 3:30-31.
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`Hawkins discloses that for various types of devices such as “handheld computer
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`and cellular telephone systems” and “non mobile telephone systems,” a “large
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`database of contact information” is maintained. Id. at 3:36-40, 12:31-33. A
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`“contacts user interface view” is illustrated in FIG. 13 of Hawkins:
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`Id. at FIG. 13.
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`33. Hawkins explains that the “search field 1321 allows the user to search
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`for a particular name in the database of personal contact information.” Id. at 13:8-
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`10.
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`C.
`34.
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`Siedlikowski
`Siedlikowski is generally directed to a “user interface for a wireless
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`device” such as a “personal digital assistant (‘PDA’) or cellular phone.” Ex. 1008
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`at 1:10, 2:37-38. Siedlikowski discloses that, “[i]n one embodiment, quick access is
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`provided to certain critical settings via a quick access icon 1410 from the taskbar.”
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`Id. at 6:66-7:1. For example, Siedlikowski shows in FIG. 14 a quick menu that is
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`displayed to allow the user to access various settings such as power, radio, and
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`notifications:
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`
`
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`Id. at FIG. 14, 2:14-15, 6:55-7:9.
`
`D.
`Yamadera
`35. Yamadera is generally directed to a pocket telephone having a user
`
`interface that includes multiple icons. Ex. 1009 at Abstract, ¶[0001], FIG. 6A.
`
`FIGS. 6A-6C show examples of a menu screen 40 that are opened by selection of a
`
`standby screen shown in FIG. 5. Id. at ¶[0038]. As shown in FIG. 6A, the menu
`
`screen includes icons 41, one of which, as Yamadera explains, is surrounded by a
`
`frame-like cursor 42 represented in a bold line, reflecting a default selection in the
`
`initial state of menu 40. Id. at ¶¶[0091]-[0093].
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`18
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`
`
`
`Id. at FIG. 6A (showing cursor 42 on the “focal icon”).
`
`36. Yamadera discloses various techniques for shifting the focus from one
`
`icon to another. In one example, Yamadera discloses that the cursor 42 can be
`
`shifted by moving a joy stick 7 on the phone (e.g., up, down, to the left, or to the
`
`right), which shifts the focus from one icon 41 to another. Id. at FIG. 1, ¶¶[0051],
`
`[0093].
`
`IX. THE PRIOR ART DISCLOSES OR SUGGESTS ALL OF THE
`FEATURES OF CLAIMS 1-26 OF THE ’466 PATENT
`A. Cadiz Discloses or Suggests the Features of Claims 1, 4, 6, 12-14,
`17, 22, and 24
`I reviewed Cadiz, and, in my opinion, Cadiz discloses or suggests all
`
`37.
`
`of the features of claims 1, 4, 6, 12-14, 17, 22, and 24 of the ’466 patent.
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`19
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
`
`
`1.
`
`Claim 1
`a)
`
`“A method for displaying preview information, the
`method comprising:”
`
`38.
`
`I understand that a “method for displaying preview information” is the
`
`preamble to claim 1 of the ’466 patent. I have been asked to assume that the
`
`preamble is a claim limitation. Under that assumption, it is my opinion that Cadiz
`
`discloses this feature. For example, referring to FIG. 1, Cadiz discloses that “an
`
`exemplary system for implementing the invention includes a computing device,
`
`such as computing device 100” (Ex. 1006 at ¶[0050], FIG. 1), which includes an
`
`output device 116, “such as a display.” Id. at ¶[0054], FIG. 1.
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`20
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`Page 23 of 125
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`Id. at FIG. 1 (annotated).
`
`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
`
`
`39. FIG. 2 of Cadiz shows a ticket 210, which when paired with a viewer
`
`220 “provides peripheral awareness of information and communications contacts
`
`of interest to a user via a container 250 for implementing the peripheral awareness
`
`interface . . . on any conventional display device 260.” Id. at ¶[0074].
`
`
`
`Id. at FIG. 22 (annotated).
`
`
`2 The reference numeral 270 next to “DISPLAY DEVICE” in FIG. 2 is a
`
`typographical error, and the reference numeral 260 should have been shown
`
`
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`21
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`40. Cadiz discloses displaying a graphical user interface (GUI) on the
`
`display, e.g., as shown in FIGS. 8A-8C and 10.
`
`Id. at FIGS. 8A-8C.
`
`
`
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`instead, because “display device 260” is disclosed at numerous locations in Cadiz.
`
`See, e.g., id. at ¶¶[0074]-[0076], [0095]-[0096].
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`22
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`Page 25 of 125
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`
`
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`Id. at FIG. 10.
`
`41. As shown in these figures, the GUIs include “preview information,”
`
`such as information about the availability of a person displayed in person items
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`810, 815, and 820 in FIG. 8A and information about received emails in FIG. 10.
`
`See below at sections IX.A.1.b, IX.A.1.d. Accordingly, in my opinion, Cadiz
`
`discloses a method for displaying preview information. See also my citations and
`
`analysis below for the remaining elements of claim 1.
`
`b)
`
`“displaying on a display dynamic preview information in
`a dynamic bar, the dynamic preview information being
`determined from information managed by a software
`application, the dynamic preview information being
`updated to reflect a change to the information managed
`by the software application; and”
`
`42.
`
`In my opinion, Cadiz discloses these features. As discussed above in
`
`section IX.A.1.a, Cadiz’s computing device 100 includes a display. Ex. 1006 at
`
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`23
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`Page 26 of 125
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
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`¶¶[0050], [0054], [0074], FIGS. 1-2. FIG. 2 of Cadiz shows a ticket 210, which
`
`when paired with a viewer 220 “provides peripheral awareness of information and
`
`communications contacts of interest to a user via a container 250 for implementing
`
`the peripheral awareness interface . . . on any conventional display device 260.” Id.
`
`at ¶[0074].
`
`Id. at FIG. 2 (annotated)3.
`
`
`
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`3 The reference numeral 270 for the “display device” in FIG. 2 is a typographical
`
`error, and a person of ordinary skill in the art would have understood that the
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`24
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`Page 27 of 125
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
`
`43. Cadiz describes presenting on the display “containers,” such as a
`
`“sidebar” (“dynamic bar”), which “host[s] one or more columns of items in a
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`persistent interactive display strip along one edge of a conventional display
`
`device.” Id. 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
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`¶[0191], FIG. 5. The sidebar described by Cadiz is bar-shaped, consistent with the
`
`“dynamic bar” described in the ’466 patent. See, e.g., Ex. 1001 at 7:17-19
`
`(“dynamic bar 304 may lie . . . vertically”), FIGS. 3, 5; see also Ex. 1006 at FIGS.
`
`6-11.
`
`
`correct reference numeral is 260, e.g., as disclosed at various places in the
`
`specification of Cadiz. See, e.g., Ex. 1006 at ¶¶[0074], [0076], [0082], [0095].
`
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`25
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`Page 28 of 125
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`Declaration of Dr. Dan R. Olsen Jr.
`U.S. Patent No. 8,713,466
`
`
`
`
`Ex. 1006 at FIG. 5 (annotated).
`
`44. Cadiz also explains
`
`that
`
`the sidebar
`
`is dynamic because
`
`it
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`“automatically provid[es] dynamic communication access and
`
`information
`
`awareness” on the display. Id. at ¶[0016]; see also id. at ¶¶[0017] (“These dynamic
`
`thumbnails or ‘items’ generally comprise a combination of a ‘ticket’ describing the
`
`information or contact of interest and a specialized ‘viewer’ for displaying
`
`whatever information

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