Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
`IPR2018-00044
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`Unified Patents Inc.,
`Petitioner
`
`v.
`
`Vilox Technologies, LLC.
`Patent Owner
`
`———————
`
`Case IPR2018-00044
`U.S. Patent No. 7,302,423
`
`_____________________
`
`DECLARATION OF PHILIP GREENSPUN, PH.D.,
`UNDER 37 C.F.R. § 1.68 IN SUPPORT OF
`PETITIONER’S OPPOSITION TO
`PATENT OWNER’S MOTION TO AMEND
`
`IPR2018-00044
`Ex. 1013 / Page 1 of 14
`
`
`IPR2018-00044
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`Unified Patents Inc.,
`Petitioner
`
`v.
`
`Vilox Technologies, LLC.
`Patent Owner
`
`———————
`
`Case IPR2018-00044
`U.S. Patent No. 7,302,423
`
`_____________________
`
`DECLARATION OF PHILIP GREENSPUN, PH.D.,
`UNDER 37 C.F.R. § 1.68 IN SUPPORT OF
`PETITIONER’S OPPOSITION TO
`PATENT OWNER’S MOTION TO AMEND
`
`IPR2018-00044
`Ex. 1013 / Page 1 of 14
`
`
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
`IPR2018-00044
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`Table of Contents
`Introduction ........................................................................................................................... 1
`I.
`II. Qualifications and Professional Experience ....................................................................... 1
`III. Level of Ordinary Skill in the Art .................................................................................... 2
`IV. Relevant Legal Standards ................................................................................................. 2
`V. Proposed Claims 26 and 27 .................................................................................................. 3
`i. Reasons to Combine Goldberg ....................................................................................... 8
`VI. Conclusion ........................................................................................................................ 12
`
`i
`
`IPR2018-00044
`Ex. 1013 / Page 2 of 14
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`
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
`IPR2018-00044
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`I.
`
`Introduction
`I am making this declaration at the request of Unified Patents Inc. in
`
`1.
`
`the matter of the Inter Partes Review of U.S. Patent 7,302,423 (“the ‘423 Patent”)
`
`to De Bellis.
`
`2.
`
`My compensation and financial interest information are unchanged
`
`from the Declaration of Philip Greenspun, Ph.D. submitted with the Petition and
`
`dated October 6, 2017 (“Petition Declaration”). I am a salaried employee of Fifth
`
`Chance Media LLC, which I understand is being compensated for my work in this
`
`matter. I am not an owner of Fifth Chance Media LLC and my compensation is
`
`not contingent on the outcome of this matter or the specifics of my testimony.
`
`3.
`
`In the preparation of this declaration, in addition to the materials
`
`referenced in the Petition Declaration, I have studied the following:
`
`a. Patent Owner Motion to Amend;
`
`b. US Patent 6,452,597 to Goldberg et al. (“Goldberg”); and
`
`c. Any other document mentioned herein.
`In forming the opinions expressed below, I have considered the
`
`4.
`
`documents listed above, and my own knowledge and experience based upon work
`
`in the field of database management systems and database applications.
`
`II. Qualifications and Professional Experience
`
`5.
`
`My qualifications and professional experience were set forth in my
`
`Petition Declaration (EX1005, ¶¶ 5-21) and in my Curriculum Vitae, a copy of
`1
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`IPR2018-00044
`Ex. 1013 / Page 3 of 14
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`
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
`IPR2018-00044
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`which can be found in EX1012.
`
`III.
`
`Level of Ordinary Skill in the Art
`6.
`As I stated in my Petition Declaration, I believe that a POSITA would
`
`include someone who had, at the priority date of the ‘423 Patent, at least a
`
`bachelor’s degree in Computer Science or an equivalent field (or equivalent
`
`industry experience) and at least one year of experience designing,
`
`implementing, and using database management systems. I believe that I
`
`possessed at least such experience and knowledge at the priority date of the ‘423
`
`patent, and that I am qualified to opine on the ’423 Patent.
`
`7.
`
`For purposes of this declaration, in general, and unless otherwise
`
`noted, my statements and opinions, such as those regarding my experience and
`
`the understanding of a POSITA generally (and specifically related to the
`
`references I consulted herein), reflect the knowledge that existed in the field
`
`before the earliest claimed priority date of the ‘423 Patent.
`
`IV. Relevant Legal Standards
`8.
`I have been asked to provide my opinions regarding whether a
`
`POSITA would have found it obvious to combine the teachings of Goldberg with
`
`those of Maloney, Bertram, and Excel to teach the limitations of proposed claims
`
`26 and 27.
`
`9.
`
`I am not an attorney. In preparing and expressing my opinions and
`
`2
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`IPR2018-00044
`Ex. 1013 / Page 4 of 14
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`
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
`IPR2018-00044
`considering the subject matter of the ‘423 Patent, I am relying on certain legal
`
`principles that counsel has explained to me. I explained my understanding of those
`
`legal principles in my Petition Declaration at paragraphs 28-30, and have applied
`
`that same understanding to my analysis in this declaration.
`
`V.
`
`Proposed Claims 26 and 27
`
`10.
`
`I understand that Patent Owner has proposed an amendment to
`
`challenged claim 6 as part of proposed claims 26 and 27. Proposed claim 26 reads
`
`(with amendments as noted by Patent Owner): “wherein [each entry] all entries
`
`from the selected data field [is] are displayed on a single page of a terminal, and
`
`wherein the specified limit is determined dynamically, based on a characteristic of
`
`the terminal.” Proposed claim 27 reads (with amendments as noted by Patent
`
`Owner): “wherein [each entry] all entries from the selected data field [is] displayed
`
`on a single page of a terminal, and wherein the specified limit is determined
`
`dynamically, based on a characteristic of the terminal.”
`
`11.
`
`In other words, the proposed claims 26 and 27 newly recite that all
`
`entries from a selected data field are displayed on a single page of a terminal. As
`
`support for this new claim language, Patent Owner cites the Specification of the
`
`’423 Patent which states “if the size of the resulting result list is larger than some
`
`numeric parameter related to a display size of the terminal 14, then the constraints
`
`may be modified by the truncator 152 so that the result list can accommodated
`
`3
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`IPR2018-00044
`Ex. 1013 / Page 5 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
`IPR2018-00044
`(e.g., displayed on one page) by the terminal 14.” ’423 Patent (EX1001), 8:40-52.
`
`Because the identified portion of the Specification refers to truncation, it is
`
`possible to interpret displaying “all entries from the selected data field,” as recited
`
`in the proposed claims, as including the display of truncated entries, and not
`
`necessarily the full text of all entries.
`
`12. Regardless of whether these proposed claims are supported by the
`
`’423 Patent’s Specification, it is my opinion that this claim limitation is taught by
`
`the prior art.
`
`13.
`
`For example, this claim limitation would be taught by Maloney and
`
`Bertram or Excel and Bertram if the underlying database were small in size. At
`
`least some tables would not contain enough data for a multiple screen display to be
`
`necessary in the first instance. As an example, when a database or a spreadsheet is
`
`initially populated with a small set of data, retrieval of some of that data would in
`
`many instances result in a small number of rows of data that would fit on a single
`
`page of a terminal as recited in the proposed claims. Bertram and Excel explicitly
`
`disclose mechanisms for ensuring that values will fit horizontally on a screen or
`
`within a column. For example, Bertram describes in one example that truncation
`
`can result in the display of a previously unviewable column, referred to as column
`
`80, without scrolling: “Because each column 71, 72, 74, 76, 78, and 80 has been
`
`truncated, column 80 can be displayed to the system administrator without
`
`4
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`IPR2018-00044
`Ex. 1013 / Page 6 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
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`horizontal scrolling.” Bertram (EX1007), at 5:9-24.
`
`14. And further, Goldberg explicitly teaches this claim limitation.
`
`Goldberg is titled “Displaying Text on a Limited-Area Display Surface.”
`
`Goldberg describes that the “size of information being display[ed] by a computer
`
`is automatically adjusted in order to make the information easily readable, while at
`
`the same time leaving most (or all) of the information displayed on a single
`
`screen.” Goldberg (EX1014), Abstract. That is, a POSITA would have
`
`understood Goldberg to disclose techniques for adjusting information such that the
`
`information can be displayed on a single screen, which teaches “all entries from
`
`the selected data field are displayed on a single page of a terminal” as recited in
`
`the proposed claims.
`
`15.
`
`In more detail, Goldberg discloses that the “adjustment is based on the
`
`size of a display area available on the display…for displaying the information.”
`
`Goldberg (EX1014), at 4:52-61. Goldberg also describes that it adjusts the size of
`
`information using various techniques: “The size of the information can be adjusted
`
`by making one or more changes, such as changing the point size of the font used to
`
`display the information, changing the font used to display the information,
`
`truncating a caption (rather than truncating the data that the caption describes),
`
`and/or changing the number of lines to display the information.” Id.
`
`16. Goldberg describes that its techniques are applicable to various types
`5
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`IPR2018-00044
`Ex. 1013 / Page 7 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
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`of data and various types of displays. For example, Goldberg describes an
`
`“exemplary vehicle (e.g., automobile) computer system 100 such as may be used
`
`with the invention.” Goldberg (EX1014), 2:55-57. “The computer 102 can output
`
`visual data to the LCD 134 at the faceplate, or to the display device 104. In the
`
`exemplary illustration, display 134 is a back lit LCD and display 104 is a small flat
`
`panel display (e.g., 6.4” screen) that is movable mounted on a stand or yoke and
`
`remotely located from the computer. Additional display devices may also be added
`
`that are similar to display 104 or 134.” Goldberg (EX1014), 3:55-60. Goldberg
`
`also describes that the “type of data displayed can range widely…” Goldberg
`
`(EX1014), 3:64-4:2.
`
`17. Further, as examples of the types of applications that the Goldberg
`
`computer can execute, Goldberg provides “word processing applications,
`
`spreadsheet applications, database applications, and appointment/schedule
`
`applications.” Goldberg (EX1014), 4:22-26.
`
`18. Also, consistent with the various techniques for adjusting the size of
`
`information, Goldberg describes “components for automatically adjusting the size
`
`of displayed information in accordance with the invention. A size adjuster 202 is
`
`illustrated, including an information analyzer 204, a truncator 206, a font point size
`
`adjuster 208, a display line adjuster 210, and a font adjuster 212.” Goldberg
`
`(EX1014), 6:3-8. In more detail, Goldberg explains that the “[s]ize adjuster 202
`
`
`
`6
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`IPR2018-00044
`Ex. 1013 / Page 8 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
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`automatically adjusts the size of information, such as text, to be displayed to a user
`
`in order to make the information easily readable to the user” and that the
`
`“adjustment made by adjuster 202 is based on a display area available for the
`
`information. In some situations, the display area available for the information is
`
`the entire surface of the display 134. That is, all of display 134 can be used as the
`
`display area.” Goldberg (EX1014), 6:20-38.
`
`19. Goldberg also explains that, “[s]ize adjuster 202 receives the
`
`information to be displayed and optionally an indication of the size of the display
`
`area…Information analyzer 204 compares the information to be displayed and the
`
`display area available (e.g., on display 134 of FIG. 1). Analyzer 204 determines
`
`whether the information can be displayed within the area available at a particular
`
`font, a particular font point size, and using a particular number of lines. Based on
`
`this analysis, various ones of adjusters 208-212 and truncator 206 are invoked to
`
`adjust the size of the information to be displayed. The adjustment process
`
`continues until the information can be displayed at an acceptable size.” Goldberg
`
`(EX1014), 6:48-7:7.
`
`20.
`
`In other words, Goldberg teaches that, when a given set of data or
`
`information is to be displayed on a screen with a given size, adjusting the data to
`
`be displayed, including by truncating portions of the text, so as to display the given
`
`set of data or information on a single screen. Thus, Goldberg teaches displaying
`
`
`
`7
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`IPR2018-00044
`Ex. 1013 / Page 9 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
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`“all entries from the selected data field…on a single page of a terminal” as recited
`
`in proposed claims 26 and 27.
`
`i. Reasons to Combine Teachings of Goldberg
`
`21.
`
`It is my opinion that a POSITA would have found it obvious to
`
`combine the teachings of Goldberg with those of Maloney and Bertram or Excel
`
`and Bertram for a number of reasons.
`
`22. First, Goldberg is analogous prior art to the ’423 Patent. Goldberg
`
`describes adjusting information to fit on a display screen, much like the ’423
`
`Patent describes executing a truncation routine so that returned data is easily
`
`displayed. Goldberg (EX1014), Abstract; ’423 Patent (EX1001), Abstract.
`
`23. Goldberg is also analogous to Maloney, Excel, and Bertram.
`
`Maloney, Excel, and Bertram disclose displaying data in a tabular format and,
`
`more specifically, in columns. Maloney at Figures 18–20; Excel, Figure 24-12;
`
`Bertram at Abstract and Figures 2 and 8. As noted above, Goldberg lists
`
`“spreadsheet applications [and] database applications” as examples of applications
`
`its vehicle computer system can execute. Goldberg (EX1014), 4:22-26. Further, I
`
`note that Goldberg’s method of fitting data onto a single screen uses truncating,
`
`which overlaps with Bertram’s disclosure of truncating as summarized in my
`
`Petition Declaration.
`
`24. Second, Goldberg provides an express motivation to use its teachings
`
`
`
`8
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`IPR2018-00044
`Ex. 1013 / Page 10 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
`
`in the systems of Maloney and Bertram or Excel and Bertram. As I detailed above,
`
`Goldberg describes that the “type of data displayed can range widely” and that the
`
`computing system in which its invention operates may support “spreadsheet
`
`applications” and “database applications,” like that of Maloney, Bertram, and
`
`Excel. Goldberg (EX1014), 3:66, 4:22-26.
`
`25. Goldberg also teaches that its invention “provid[es] a way to improve
`
`the display of information on small display surfaces.” Goldberg (EX1013), 1:65-
`
`2:5. And Goldberg indicates a need to display such information “in a manner that
`
`allows the user to easily read the information.” Goldberg (EX1013), 1:65-2:5.
`
`Additionally, Goldberg notes that its vehicle computer system 100 “provides
`
`additional functionality traditionally associated with desk-top and laptop personal
`
`computers,” indicating that the programs of Maloney, Bertram, and Excel would
`
`have been compatible with the system and techniques of Goldberg. Goldberg
`
`(EX1014), 4:20-22. A POSITA writing a program for a system with adjustable
`
`fonts would have also immediately recognized that Goldberg teaches additional
`
`techniques beyond truncating (e.g., adjusting the font size) that would be beneficial
`
`in systems such as those of Maloney, Bertram, and Excel.
`
`26. A POSITA would have understood a need for a way to display the
`
`tabular data of Maloney, Bertram, or Excel on small display surfaces, as Goldberg
`
`specifically notes that “[c]omputer technology is continually advancing,
`
`
`
`9
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`IPR2018-00044
`Ex. 1013 / Page 11 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
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`continually providing new and expanded uses for computers,” and further, that “as
`
`computer technology has advanced a new field of use for computers has opened
`
`up, allowing more conventional ‘desktop computer’ functionality to be made
`
`available to vehicle operators via ‘vehicle computers’.” Goldberg (EX1013), at
`
`1:10-24. Goldberg also recognizes the need to display information on a single
`
`screen, because using multiple screens and requiring scrolling “can be confusing to
`
`the user” and can take the user’s attention away from other important tasks (e.g., if
`
`the user is driving). Goldberg (EX1013), at 1:46-52.
`
`27. Thus, Goldberg recognizes a need for methods of adjusting data to fit
`
`on a single display screen (including smaller display screens), and a POSITA
`
`would have been motivated to apply Goldberg’s teachings and techniques to those
`
`of Maloney, Bertram, and Excel to ensure that data could be displayed to a user
`
`such that the user can easily read the information without the presentation of that
`
`information being confusing and without the user’s attention being drawn away
`
`from other activities, as suggested by Goldberg. That is, in situations where
`
`scrolling was undesirable or unwieldy (e.g., with smaller display screens in a
`
`vehicle), a POSITA would have found it desirable to incorporate the teachings of
`
`Goldberg. Further, Goldberg teaches additional techniques beyond truncating
`
`(e.g., adjusting the font size) that would be beneficial in systems such as those of
`
`Maloney, Bertram, and Excel.
`
`
`
`10
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`IPR2018-00044
`Ex. 1013 / Page 12 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
`28. Third, combining the teachings of Goldberg with those of Maloney
`
`and Bertram or Excel and Bertram would produce predictable, operable results.
`
`Specifically, applying Goldberg’s technique to the interface of Maloney and
`
`Bertram or Excel and Bertram would have been no more than the use of known
`
`technique (fitting information to be displayed onto a single screen vertically) to
`
`improve a similar method (graphical user interfaces displaying data in columns and
`
`truncating some of that data so as to fit on the screen horizontally ) in the same
`
`way.
`
`29. Fourth, the implementation of Goldberg’s technique to the interface
`
`of Maloney and Bertram or Excel and Bertram is also an application of a known
`
`technique (fitting information to be displayed onto a single screen) to a known
`
`method (graphical user interfaces displaying data in columns and truncating some
`
`of that data) ready for improvement to yield predictable results by achieving the
`
`benefits and advantages of Goldberg. Benefits of Goldberg include, e.g., less user
`
`confusion, and increased attention of the user to more important tasks. Goldberg
`
`(EX1013) at 1:46-52.
`
`30. This combination would not have involved any experimentation or
`
`difficulty to a POSITA. The operation of Maloney and Bertram or Excel and
`
`Bertram would essentially be unchanged, except for implementing Goldberg’s
`
`techniques for fitting data onto a single screen, which further demonstrates that a
`
`
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`11
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`IPR2018-00044
`Ex. 1013 / Page 13 of 14
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`Declaration of Philip Greenspun, Ph.D. – Opp. to Mot. to Amend
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`IPR2018-00044
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`POSITA would have had a reasonable expectation of success.
`
`VI. Conclusion
`
`31. This declaration and my opinions herein are made to the best of my
`
`knowledge and understanding, and based on the material available to me, at the
`
`time of signing this declaration. I declare that all statements made herein on my
`
`own knowledge are true and that all statements made on information and belief are
`
`believed to be true, and further, that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under Section 1001 or Title 18 of the United States
`
`Code.
`
`September 20, 2018
`
`
`
`
`__________________________
`
`
`Date
`Philip Greenspun, Ph.D.
`
`
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`12
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`IPR2018-00044
`Ex. 1013 / Page 14 of 14
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