Immersion Ex. 2008 - p1
`Apple vs, Immersion
`IPR2017-01310
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`’507 Claim Language
`1.pre. A method
`comprising:
`1.a. receiving contact
`data from an input device;
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`Cockburn ’507 Patent Invalidity Report – Exhibit 5
`
`Invalidity Claim Chart for U.S. Patent No. 8,749,507
`Based On U.S. Patent No. 6,590,568 to Astala (“Astala”) Combined With
`U.S. Pat. App. Pub. No. 2002/0033795 to Shahoian (“Shahoian”)
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`Exemplary Disclosure in Astala Combined with Shahoian
`Astala combined with Shahoian discloses a method comprising the claimed steps, as established below.
`
`Astala discloses receiving contact data from an input device, and Astala combined with Shahoian also discloses this
`limitation. For example:
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`Astala discloses that “mobile terminal 20a” includes “[h]ardware 78,” which includes a “touch screen controller that
`monitors touch screen-input parameters for processing the touch inputs on the touch screen display.” Astala at 6:23-27,
`8:54-56 (emphasis added). The touch-screen-input parameters are “contact data” from the touch screen display (an input
`device).
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`In addition, Astala discloses that at step 702, “a touch screen input is detected” on touch screen 70, and that the touch
`may be made with “a finger or pointed stylus.” Astala at 9:16-18, Fig. 6(a). In light of this disclosure, a POSITA would
`have recognized that detecting a touch input on the touch screen necessarily requires receiving contact data so that a
`determination can be made that the state of the touch screen has changed in a manner that indicates a touch. Thus, Astala
`also inherently discloses this limitation.
`
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`Obviousness: It also would have been obvious to a POSITA to practice this limitation in light of Astala alone by
`receiving contact data from the touch screen because such contact data would have been necessary to determine when and
`how a user is touching the touch screen, as described above. Doing so would have been well within the skill of a
`POSITA, could have been accomplished with minimal effort, and would have led to predictable results. In this regard,
`even the asserted ’507 patent acknowledges that “[c]apacitance-based touchpads are well known to those skilled in the
`art” (’507 patent at 2:64-65), and a capacitance-based touchpad would provide contact data in the form of, for example,
`data indicating a change in capacitance. Thus, it would have been obvious for a POSITA to, for example, receive touch
`screen-input data from the touchscreen indicating a change in capacitance resulting from the touch. Motivation to do so
`arises from Astala’s disclosure of detecting a touch on the touchscreen and detecting a drag-and-drop gesture on the
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`Immersion Ex. 2008 - p2
`Apple vs, Immersion
`IPR2017-01310
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`

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`’507 Claim Language
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`1.c. responsive to
`determining the
`interaction, determining a
`gesture based on the
`contact data comprising:
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`Exemplary Disclosure in Astala Combined with Shahoian
`at least because using contact data from the touchscreen would be the common sense and straightforward way to
`determine that the user is interacting with a displayed object. For example, one would be motivated to use such contact
`data to determine the position of the touch, which could be compared to the position of the displayed object. Doing so
`would have been well within the skill of a POSITA, could have been accomplished with minimal effort, and would have
`led to predictable results.
`
`Astala discloses responsive to determining the interaction, determining a gesture based on the contact data. For example:
`
`Astala discloses determining a drag-and-drop gesture, as discussed further for the limitations below. Astala at 9:3-9 (“a
`technique for utilizing touch screen inputs for dragging and dropping objects”), Fig. 6(a). The gesture includes three
`main parts: 1) a touch with a pressure greater than a pressure threshold zA and longer than a predetermined time; 2) a
`subsequent dragging sequence at “reduced pressure;” and 3) a subsequent touch with a pressure greater than a pressure
`threshold zB. Id. at 9:26-39, Fig. 6(a); see also id. at Figs. 6(b)-(d).
`
`Determination of the gesture is based on criteria such as the pressure z, as established above, on “the x and y coordinates”
`of the touch, and on the duration of the initial touch and the last touch (Astala at 9:28-31, 9:44, 9:51-59, Fig. 6(a)). The
`pressure z is necessarily based on the contact data, as established below for limitation 1.d. The x and y coordinates also
`are necessarily based on the contact data because those coordinates are dependent on the location of the touch on the
`touchscreen. The durations of initial and last touches also are necessarily based on the contact data because it is
`dependent on the user’s touch on the touchscreen. Thus, determination of the drag-and-drop gesture is necessarily based
`on the contact data described for limitation 1.a.
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`Astala discloses that the determination of the drag-and-drop gesture is made after step 708, at which “a determination is
`made that file 1 is ... the selected item, of [the] touch input.” Astala at 9:26-27; see also id. at Fig. 6(a) (steps 710 et.
`seq.). Thus, determination of the drag-and-drop gesture is made responsive to determining the interaction from limitation
`1.b (the interaction with the file 1 displayed object).
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`Astala’s Figures 6(b) through 6(d) are shown below, which illustrate the drag-and-drop gesture. In the figures, the user is
`dragging “FILE 1” into “DIR 2” (directory 2).
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`Immersion Ex. 2008 - p3
`Apple vs, Immersion
`IPR2017-01310
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`

`

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`’507 Claim Language
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`Exemplary Disclosure in Astala Combined with Shahoian
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`Obviousness: It also would have been obvious to a POSITA to practice this limitation by determining that the user is
`performing a drag-and-drop gesture based on the contact data. As established above, Astala discloses determining the
`drag-and-drop gesture based on criteria such as pressure, x and y coordinates, and duration. The common sense and
`straightforward method of determining such information is to determine it from the data provided by the touchscreen
`sensors, i.e., the contact data. Motivation to do so arises from common sense, Astala’s disclosure of analyzing such
`gesture characteristics, and Shahoian’s disclosure that contact data can take the form of touchscreen sensor signals, which
`would reflect characteristics of the touch. Doing so would have been well within the skill of a POSITA, could have been
`accomplished with minimal effort, and would have led to predictable results.
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`The parties’ proposed constructions of “pressure” are set forth below.
`
`
`1.d. determining a
`pressure and a change in
`pressure based on the
`contact data, and
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`Respondents’ Construction
`force per unit area
`
`Immersion’s Construction
`Plain meaning.
`
`If construed, “pressure” refers
`to the “application of force
`from a contact.”
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`Staff’s Construction
`Plain meaning, e.g. “force
`per unit area”
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`Because a prior art reference that discloses determining the “force per unit area” also necessarily discloses determining
`“the application of force from a contact” (because such force is a component of “force per unit area”), I will address
`Respondent’s’ and Staff’s construction below, thereby showing how Astala also discloses Immersion’s construction.
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`Immersion Ex. 2008 - p4
`Apple vs, Immersion
`IPR2017-01310
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