Medvidović Decl.
`
`Inter Partes Review of U.S. 7,092,671
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`52959.48
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`27683
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`§ Petition for Inter Partes Review
`§
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`§ Attorney Docket No.:
`§
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`§ Customer No.:
`§
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`§ Real Party in Interest: Apple Inc.
`§
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`§
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`§
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`§
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`§
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`
`
`Declaration of Nenad Medvidović, PhD
`Under 37 C.F.R. § 1.68
`
`In re patent of Lunsford, et al.
`
`U.S. Patent No. 7,092,671
`
`
`Issued: August 15, 2006
`
`
`Title: Method and System for
`Wirelessly Autodialing a Telephone
`Number from a Record Stored on a
`Personal Information Device
`
`
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`
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`APPL-1003 / Page 1 of 101
`Apple v. Uniloc
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`Medvidović Decl.
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`Inter Partes Review of U.S. 7,092,671
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`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION ........................................................................................... 1
`
`II. QUALIFICATIONS AND PROFESSIONAL EXPERIENCE ...................... 3
`
`III. LEVEL OF ORDINARY SKILL IN THE ART ............................................. 8
`
`IV. RELEVANT LEGAL STANDARDS ........................................................... 10
`A. Anticipation ............................................................................................ 11
`B. Obviousness ........................................................................................... 11
`
`V.
`
`BACKGROUND TECHNOLOGY ............................................................... 12
`A. Computers .............................................................................................. 12
`B. Autodialing Systems .............................................................................. 13
`C. Contact Management and Address Book Programs .............................. 15
`D. Wireless protocols .................................................................................. 17
`
`VI. THE ’671 PATENT ....................................................................................... 18
`A. Overview of the ’671 Patent .................................................................. 18
`1. Alleged Problem ............................................................................. 18
`2. Summary of Alleged Invention of the ’671 Patent ........................ 19
`B. Prosecution History of the ’671 Patent .................................................. 23
`
`VII. CLAIM CONSTRUCTION .......................................................................... 25
`A. “wireless port” ....................................................................................... 25
`
`VIII. IDENTIFICATION OF HOW THE CLAIMS ARE UNPATENTABLE .... 26
`A. Challenge #1: Claims 1-6 and 9-14 are invalid under 35 U.S.C § 103
`over Yun in view of Kikinis .................................................................. 26
`1. Summary of Yun ............................................................................ 26
`2. Summary of Kikinis ....................................................................... 30
`3. Reasons to Combine Yun and Kikinis ........................................... 33
`4. Detailed Analysis ........................................................................... 36
`B. Challenge #2: Claims 7 and 15 are invalid under 35 U.S.C. § 103 over
`Yun in view of Kikinis and further in view of Inoue ............................ 62
`1. Summary of Inoue .......................................................................... 62
`2. Reasons to Combine Yun/Kikinis and Inoue ................................. 63
`3. Detailed Analysis ........................................................................... 65
`C. Challenge #3: Claims 1-7 and 9-15 are invalid under 35 U.S.C § 103
`over Harris in view of Kikinis ............................................................... 68
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`Inter Partes Review of U.S. 7,092,671
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`1. Summary of Harris ......................................................................... 68
`2. Summary of Kikinis ....................................................................... 69
`3. Reasons to Combine Harris and Kikinis ........................................ 69
`4. Detailed Analysis ........................................................................... 72
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`IX. CONCLUSION .............................................................................................. 98
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`Medvidović Decl.
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`Inter Partes Review of U.S. 7,092,671
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`I.
`
`INTRODUCTION
`1.
`
`I am making this declaration at the request of Apple Inc. in the matter
`
`of the Inter Partes Review of U.S. Patent No. 7,092,671 (“the ’671 Patent”) to
`
`Lunsford, et al.
`
`2.
`
`I am being compensated for my work in this matter at the rate of
`
`$650/hour. I am also being reimbursed for reasonable and customary expenses
`
`associated with my work and testimony in this proceeding. My compensation is
`
`not contingent on the outcome of this matter or the specifics of my testimony.
`
`3.
`
`I have been asked to provide my opinions regarding whether claims 1-
`
`7 and 9-15 of the ’671 Patent are invalid, either because they are anticipated or
`
`would have been obvious to a person having ordinary skill in the art (“POSITA”)
`
`at the time of the alleged invention, in light of the prior art. It is my opinion that
`
`all of the limitations of claims 1-7 and 9-15 would have been obvious to a
`
`POSITA.
`
`4.
`
`In the preparation of this declaration, I have studied:
`
`a)
`
`b)
`
`The ’671 Patent, Exhibit 1001 (APPL-1001);
`
`The prosecution history of the ’671 Patent, Exhibit 1002
`
`(APPL-1002);
`
`c)
`
`U.S. Patent No. 6,084,949 to Yun (“Yun”), Exhibit 1005
`
`(APPL-1005);
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`
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`d) U.S. Patent No. 5,790,644 to Kikinis (“Kikinis”), Exhibit 1006
`
`(APPL-1006);
`
`e)
`
`U.S. Patent No. 7,080,154 to Inoue et al. (“Inoue”), Exhibit
`
`1007 (APPL-1007);
`
`f)
`
`U.S. Patent No. 4,868,848 to Magnusson et al. (“Magnusson”),
`
`Exhibit 1008 (APPL-1008);
`
`g)
`
`U.S. Patent No. 5,455,858 to Lin (“Lin”), Exhibit 1009 (APPL-
`
`1009);
`
`h)
`
`U.S. Patent No. 5,561,705 to Allard et al. (“Allard”), Exhibit
`
`1010 (APPL-1010);
`
`i)
`
`U.S. Patent No. 6,600,902 to Bell (“Bell”), Exhibit 1011
`
`(APPL-1011);
`
`j)
`
`U.S. Patent No. 6,738,643 to Harris (“Harris”), Exhibit 1012
`
`(APPL-1012);
`
`k)
`
`U.S. Patent No. 5,457,742 to Vallillee et al. (“Vallillee”),
`
`Exhibit 1013 (APPL-1013);
`
`l)
`
`U.S. Patent No. 7,257,426 to Witkowski et al. (“Witkowski”),
`
`Exhibit 1014 (APPL-1014).
`
`
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`m)
`
`Service of Apple in Uniloc USA, Inc. and Uniloc Luxembourg,
`
`S.A. v. Apple Inc., 2:17-cv-00457 (E.D. Tex. 2017), Exhibit
`
`1015 (APPL-1015).
`
`5.
`
`In forming the opinions expressed below, I have considered:
`
`a)
`
`The documents listed above, and
`
`b) My own knowledge and experience based upon my work in the
`
`field of wireless communications, computers, and software
`
`engineering, as described below.
`
`II. QUALIFICATIONS AND PROFESSIONAL EXPERIENCE
`6. My complete qualifications and professional experience are described
`
`in my Curriculum Vitae, a copy of which can be found in Exhibit 1004 (APPL-
`
`1004). The following is a brief summary of my relevant qualifications and
`
`professional experience.
`
`7.
`
`I received a Bachelor of Science (“BS”) degree, Summa Cum Laude,
`
`from Arizona State University’s Computer Science and Engineering department in
`
`1992.
`
`8.
`
`I received a Master of Science (“MS”) degree from the University of
`
`California at Irvine’s Information and Computer Science department in 1995.
`
`9.
`
`I received a Doctor of Philosophy (“PhD”) degree from the University
`
`of California at Irvine’s Information and Computer Science department in 1999.
`
`
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`My dissertation was entitled, “Architecture-Based Specification-Time Software
`
`Evolution.”
`
`10.
`
`I am employed by the University of Southern California (“USC”) as a
`
`faculty member in the Computer Science Department, and have been since
`
`January, 1999. I currently hold the title of Professor with tenure. Between
`
`January, 2009 and January 2013, I served as the Director of the Center for Systems
`
`and Software Engineering at USC. Between July, 2011, and July, 2015, I served as
`
`my Department’s Associate Chair for PhD Affairs.
`
`11.
`
`I teach graduate and undergraduate courses in Software Architecture,
`
`Software Engineering, and Embedded Systems, and advise PhD students. I have
`
`graduated 15 PhD students and advise 7 students currently pursuing a PhD.
`
`12.
`
`I served as Program Co-Chair for the flagship conference in my
`
`field—International Conference on Software Engineering (“ICSE”)—held in May
`
`2011. I have served as Chair or Co-Chair for various other conferences in the
`
`Software Engineering field, including: the Fifth Working IEEE/IFIP Conference
`
`on Software Architecture, the Third IEEE International Conference on Self-
`
`Adaptive and Self-Organizing Systems, the Fifteenth International ACM SIGSOFT
`
`Symposium on Component Based Software Engineering, the IEEE/CSSE/ISE
`
`Workshop on Software Architecture Challenges for the 21st Century, and the
`
`
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`Doctoral Symposium at the Sixteenth ACM SIGSOFT International Symposium
`
`on the Foundations of Software Engineering.
`
`13.
`
`I serve or have served as an editor of several peer-reviewed journals,
`
`including: IEEE Transactions on Software Engineering, ACM Transactions on
`
`Software Engineering and Methodology, Journal of Software Engineering for
`
`Robotics, Elsevier Information and Software Technology Journal, Journal of
`
`Systems and Software, Journal of Software Engineering Research and
`
`Development, and Springer Computing Journal. Additionally, I have served as a
`
`guest editor of several special issues for different journals etc. I have recently been
`
`appointed Editor-in-Chief of IEEE Transactions on Software Engineering, the
`
`flagship journal in my field; my term commences on January 1, 2018.
`
`14. Between September 2013 and September 2015, I served as Chair of
`
`the ICSE Steering Committee. I am currently a member of the Steering Committee
`
`of the European Conference on Software Engineering. I previously served as a
`
`member of the Steering Committees of ICSE and of the Working IEEE/IFIP
`
`Conference on Software Architecture.
`
`15. Since July, 2015, I have served as Chair of the Association for
`
`Computing Machinery’s Special Interest Group on Software Engineering (ACM
`
`SIGSOFT), the largest professional organization in my field of work.
`
`
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`16.
`
`I co-authored Software Architecture: Foundations, Theory, and
`
`Practice, a widely used textbook in the field of Software Systems’ Architecture.
`
`17.
`
`I have served as editor of various books in the Software Engineering
`
`field including: Proceedings of the 3rd International Conference on Self-Adaptive
`
`and Self-Organizing Systems, Proceedings of the Warm-Up Workshop for the 32nd
`
`International Conference on Software Engineering, and Proceedings of the 5th
`
`Working IEEE/IFIP Conference on Software Architecture.
`
`18.
`
`I have authored or co-authored over 200 papers in the Software
`
`Engineering field. My most cited paper has been cited nearly 2,600 times. A
`
`paper I co-authored in the 1998 International Conference on Software Engineering,
`
`my field’s flagship conference, was given ten years later, in 2008, that
`
`conference’s Most Influential Paper Award. That paper focused on adapting a
`
`software system, including systems executing on small platforms such as PIDs,
`
`without bringing the system down. Recently, a paper I co-authored in the 2017
`
`International Conference on Software Architecture was given that conference’s
`
`Best Paper Award. A paper I co-authored at the 2017 Automated Software
`
`Engineering conference was given that conference’s Best Tool-Paper Award.
`
`19.
`
`I have served as referee or reviewer for over twenty peer-reviewed
`
`journals, including: ACM Transactions on Software Engineering and Methodology,
`
`IEEE Transactions on Software Engineering, Journal of Software Engineering for
`
`
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`Robotics, IEEE Software, IEEE Transactions on Industrial Informatics, Elsevier
`
`Information and Software Technology Journal, Journal of Systems and Software,
`
`Journal of Automated Software Engineering, IEEE Transactions on Parallel and
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`Distributed Systems, IEEE Computer, and IEEE Proceedings – Software
`
`Engineering.
`
`20.
`
`I have been named a Distinguished Scientist of the Association for
`
`Computing Machinery (“ACM”). I have been elected a Fellow the Institute of
`
`Electrical and Electronics Engineers (IEEE), IEEE’s highest grade that is granted
`
`to less than 0.1% of its membership annually.
`
`21.
`
`I am very familiar with and have substantial expertise in the area of
`
`computer and software systems, including their development, engineering,
`
`architecture, and design, as well as application, for example, in mobile and
`
`telecommunications systems.
`
`22. My experience with mobile and telecommunication systems extends
`
`back to the time I was working on my PhD in the mid and late 1990s. For
`
`example, my research was the first example of a software component framework
`
`that was targeted at, developed for, and deployed on small-footprint devices, and
`
`then modified at runtime without restarting the application or the device. This work
`
`was successfully ported to the Palm Vx device when Palm Vx was released in
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`October 1999. The resulting system was demonstrated to the U.S. Department of
`
`
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`Defense in June 2000 and again in June 2001, as part of two separate Defense
`
`Advanced Research Agency (DARPA) “Demo Days.”
`
`23. My work in this area made it possible not only to develop component-
`
`based software on the Palm Vx, but also to integrate multiple Palm Pilots that
`
`would communicate through serial ports and infrared ports with the help of
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`custom, external hardware. My graduate students in late summer of 1999 were
`
`also able to show how simple data messages, encoded in objects called “events” in
`
`our framework, could be transferred from the Palm Vx to the Nokia 6110, via
`
`6110s infra-red port.
`
`24. This work on small-footprint frameworks for component-based
`
`software development was subsequently applied to the more powerful Windows-
`
`based portable devices that had wireless capabilities, such as the HP Compaq iPAQ
`
`released in April 2000. The underlying component framework I developed in the
`
`1990s was a few years ago ported under my guidance by my graduate students to
`
`Android devices (e.g., the Samsung Galaxy as well as Google Nexus and Pixel
`
`devices).
`
`III. LEVEL OF ORDINARY SKILL IN THE ART
`25.
`I understand there are multiple factors relevant to determining the
`
`level of ordinary skill in the pertinent art, including (1) the levels of education and
`
`experience of persons working in the field at the time of the invention; (2) the
`
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`sophistication of the technology; (3) the types of problems encountered in the field;
`
`and (4) the prior art solutions to those problems.
`
`26.
`
`I am familiar with computers (including portable devices such as
`
`laptops and personal digital assistants (PIDs)), telephones, and the ways that they
`
`may interact or interoperate. I am also aware of the state of the art at the time the
`
`application resulting in the ’671 Patent was filed. I have been informed by Apple’s
`
`counsel that the earliest alleged priority date for the ’671 Patent is November 30,
`
`2000. Based on the technologies disclosed in the ’671 Patent, I believe that a
`
`person of ordinary skill in the art (“POSITA”) would include someone who had,
`
`at the priority date of the ’671 Patent, (i) a Bachelor’s degree in Electrical
`
`Engineering, Computer Engineering, Computer Science, or equivalent training,
`
`as well as at least three years of technical experience in the field of computer
`
`systems, telecommunications, and/or networking; or (ii) in the alternative,
`
`someone who had a Master’s degree in Electrical Engineering, Computer
`
`Engineering, Computer Science, or equivalent training. Lack of work
`
`experience can be remedied by additional education, and vice versa. Such
`
`academic and industry experience would be necessary to appreciate what was
`
`obvious and/or anticipated in the industry and what a POSITA would have
`
`thought and understood at the time. Based on this criteria, as of the relevant
`
`
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`time frame for the ’671 Patent, I possessed at least such experience and
`
`knowledge of a POSITA, and am qualified to opine on the ’671 Patent.
`
`27. 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 as of November
`
`30, 2000. Unless otherwise stated, when I provide my understanding and analysis
`
`below, it is consistent with the level of a POSITA prior to the priority date of the
`
`’671 Patent.
`
`IV. RELEVANT LEGAL STANDARDS
`28.
`I understand that prior art to the ’671 Patent includes patents and
`
`printed publications in the relevant art that predate the priority date of the alleged
`
`invention recited in the ’671 Patent. For purposes of this Declaration, I have been
`
`asked to apply November 30, 2000, the filing date of the application that led to the
`
`’671 Patent, as the priority date.
`
`29.
`
`I am not an attorney. In preparing and expressing my opinions and
`
`considering the subject matter of the ’671 Patent, I am relying on certain basic
`
`legal principles that counsel have explained to me. These principles are discussed
`
`below.
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`30.
`
`I understand that a claim is invalid if it is anticipated under 35 U.S.C.
`
`§ 102 or obvious under 35 U.S.C. § 103.
`
`A. Anticipation
`31.
`I have been informed by counsel that a patent claim is invalid as
`
`anticipated under 35 U.S.C. § 102 if each element of that claim is present either
`
`explicitly or inherently in a single prior art reference. I have also been informed
`
`that, to be an inherent disclosure, the prior art reference must necessarily disclose
`
`the limitation, and the fact that the reference might possibly practice or contain a
`
`claimed limitation is insufficient to establish that the reference inherently teaches
`
`the limitation.
`
`B. Obviousness
`32.
`I have been informed that a claimed invention is unpatentable under
`
`35 U.S.C. § 103 if the differences between the invention and the prior art are such
`
`that the subject matter as a whole would have been obvious at the time the
`
`invention was made to a person having ordinary skill in the art to which the subject
`
`matter pertains. I have also been informed by counsel that the obviousness analysis
`
`takes into account factual inquiries including the level of ordinary skill in the art,
`
`the scope and content of the prior art, and the differences between the prior art and
`
`the claimed subject matter.
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`33.
`
`I have been informed by counsel that the Supreme Court has
`
`recognized several rationales for combining references or modifying a reference to
`
`show obviousness of claimed subject matter. Some of these rationales include the
`
`following: (a) combining prior art elements according to known methods to yield
`
`predictable results; (b) simple substitution of one known element for another to
`
`obtain predictable results; (c) use of a known technique to improve a similar device
`
`(method, or product) in the same way; (d) applying a known technique to a known
`
`device (method, or product) ready for improvement to yield predictable results; (e)
`
`choosing from a finite number of identified, predictable solutions, with a
`
`reasonable expectation of success; and (f) some teaching, suggestion, or motivation
`
`in the prior art that would have led one of ordinary skill to modify the prior art
`
`reference or to combine prior art reference teachings to arrive at the claimed
`
`invention.
`
`V. BACKGROUND TECHNOLOGY
`A. Computers
`34. Computing devices or “computers” were well known long before the
`
`priority date of the ’671 Patent. In general, a computer is any device that is
`
`capable of solving problems or manipulating data. In the modern era, the earliest
`
`computers were mainframes. These were large, bulky systems that could occupy
`
`an entire room or warehouse. As technology developed—in particular, with the
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`advent of integrated circuits (ICs)—computers could be made smaller. The next
`
`evolution of the computer was the personal computer (PC). These computers were
`
`considerably smaller than mainframes, and could be placed on top of a desk, and
`
`thus, came to be known as “desktop” computers. As technology further developed,
`
`the size of computers continued to shrink – leading first to laptops, and later,
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`ultraportable devices that could be held in a user’s hand. These handheld devices
`
`included personal digital assistants (PDAs) or personal information devices (PIDs),
`
`such as, for example, devices from Palm Computing.
`
`35. Computers—whether mainframes, desktops, laptops, or handheld
`
`devices—perform many of the same functions. These functions include basic
`
`mathematical operations, such as adding, subtracting, multiplying, and dividing—
`
`i.e., calculating. Another function is to serve as a “data base” to store, maintain,
`
`organize, and allow access to data or information, such as contact information—
`
`e.g., names, addresses, telephone numbers of individuals or companies.
`
`36. Computers are made up of hardware and software. Hardware is
`
`typically understood to be the physical components of a computer. These include
`
`the ICs which process and store information and data. Software is typically
`
`understood to be the programs, routines, or applications that execute or “run” on a
`
`computer’s hardware to perform its various functions.
`
`B. Autodialing Systems
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`37. One of the functions that a computer can perform is automatic dialing
`
`of telephone. Computer operated autodialing systems existed, and were well
`
`known, long before the ’671 Patent. For example, more than a decade before the
`
`’671 Patent, U.S. Patent No. 4,868,848 to Magnusson et al. (“Magnusson”)
`
`disclosed: “It is known for a personal computer to have the capability to
`
`automatically access a telephone line and to dial a stored number.” APPL-1008,
`
`at 1:8-10. As another example, U.S. Patent No. 5,457,742 to Vallillee et al.
`
`(“Vallillee”) described: “A telephone remote control system for direct control of
`
`the dialing sequence of a telephone from a personal computer.” APPL-1013, at
`
`Abstract; see also 1:14-15; 1:16-49; 1:63-65). Yet another example is U.S. Patent
`
`No. 6,084,949 to Yun (“Yun”): “An automatic dialing method of a telephone
`
`system including an optical reception unit sensitive to infrared reception from an
`
`electronic pocketbook including an optical transmission unit for infrared
`
`transmission of a telephone number of an interested person registered in the
`
`electronic pocketbook.” APPL-1005, Abstract. And U.S. Patent No. 5,455,858 to
`
`Lin (“Lin”) stated: “It is desired that telephone dialing strings can be automatically
`
`constructed for any current configuration information and any desired telephone
`
`number, especially so that unattended operation of the computer can be allowed,
`
`for example to allow the computer to automatically call an electronic mail system
`
`and download messages.” APPL-1009, 2:32-38. U.S. Patent No. 6,738,643 to
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`Harris (“Harris”) described: “A PDA and telephone are associated so that the PDA
`
`can automatically dial the telephone.” APPL-1012, Abstract.
`
`C. Contact Management and Address Book Programs
`38. Also well known before ’671 Patent, various types of electronic
`
`contact and address management systems or applications accepted and stored
`
`contact information about people and organizations in an electronic data base.
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`Respective records stored in a contact and address management data base generally
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`included various fields associated with a corresponding contact, such as, first
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`name, last name, title, company, address, telephone number, e-mail address, fax
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`number, mobile telephone number, etc. Vallillee disclosed, for example:
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`“Computers are often used to maintain extensive data bases which may include
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`records for customers, suppliers, clientele and more. The data bases often store
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`the telephone number(s) of the individuals contained in each of these records.”
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`APPL-1013, at 1:9-13. Magnusson described: “The computer has, as part of its
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`data base, a phone directory, wherein there is a listing of strings, each string
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`having a name and a corresponding 10-digit hyphenated telephone number, e.g.
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`Sandra E. Curelop XXX--XXX--XXXX.” APPL-1008, at 2:9-13. Yun disclosed:
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`“It is also an object to provide an electronic pocketbook with a telephone directory
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`containing a plurality of telephone numbers of interested persons and an infrared
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`transmitter for transmitting an infrared signal containing a telephone number
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`selected for calling to the telephone system for automatic dialing purposes.”
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`APPL-1005, 2:1-6.
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`39. The applications or programs for interfacing with these contact data
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`bases were sometimes referred to as “address books.” For example, Lin disclosed:
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`“One use of computers is to store name and telephone number information, such
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`as an electronic ‘Address Book’.” APPL-1009, 1:18-21. U.S. Patent No. 5,561,705
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`to Allard et al. (“Allard”) discloses one example of such an address book, as
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`shown in FIGS. 3A-3C:
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`APPL-1010, FIGS 3A-3C.
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`40. Allard further discloses: “The foregoing feature address book/auto
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`dialer feature can be implemented in a cellular telephone by an application
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`program which will process the character string and delimit the dialed digits from
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`any following access code.” Id. at 6:8-11. “RAM 34 stores the application
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`programs, such as the one for the address book/auto dialer, one for placing a call
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`over the cellular radio 50, etc.” Id. at 4:12-14.
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`41. A user could then search and retrieve the stored records as needed for
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`personal use. Lin, for example, disclosed: “A third set of fields stores the
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`telephone number desired to be called, obtained either by interaction with the user
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`of the computer, or extracted automatically, for example, from a stored address
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`book.” APPL-1009, at 3:50-53.
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`D. Wireless protocols
`42. Also well known before the priority date of the ’671 Patent was the
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`use of various protocols for wireless communication. For example, U.S. Patent
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`No. 7,080,154 to Inoue et al., (“Inoue”) described: “Due to the spread of portable
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`telephones (cellular telephones) and PCS (Personal Communication System)
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`terminals, communication services utilizing radio communication systems are
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`widely in use recently.” APPL-1007, 1:24-27. Inoue disclosed various wireless
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`protocols including “wireless LAN (Local Area Network), point-to-point wireless
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`device (such as Bluetooth), or infrared (IrDA), for example.” APPL-1007, 6:14-
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`19.
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`43. A POSITA would understand that any of these wireless
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`communication protocols might be used, and the ultimate decision would be a
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`design choice based on various factors, such as, expected distances to be covered,
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`power requirements, etc. Indeed, U.S. Patent No. 6,738,643 to Harris (“Harris”),
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`which discloses the use of both infrared and Bluetooth, states: “Bluetooth may be
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`specifically preferred since it is a short range, low-power, high noise immune
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`protocol.” APPL-1012, 1:40-41, 2:11-15, FIGS. 1 and 2.
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`VI. THE ’671 PATENT
`A. Overview of the ’671 Patent
`44. The ’671 Patent relates to a method and system for wirelessly
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`autodialing a telephone number from a record stored on a computer, such as a
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`personal information device (PID). APPL-1001, Title. As an example of a
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`telephone the ’671 Patent gives a handheld cellular telephone, or simply cellphone.
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`Id. at 1:38-39; 2:41.
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`1.
`Alleged Problem
`45. According to the ’671 Patent, cellphones have “more limited
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`functionality” compared to PIDs, and thus “are typically used for communication
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`as opposed to personal information management (e.g., maintaining and updating
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`appointments, contact lists, addresses, telephone numbers, and the like).” Id. at
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`1:54-58. As such, “most users manage such information using other resources,
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`such as, for example, a PID, and access cellphone (e.g., dial the correct number)
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`once the proper telephone number is obtained.” Id. at 1:58-63. The ’671 Patent
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`states that “[t]here is a problem with this approach in that telephone numbers can
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`be rather lengthy to dial, especially considering the small keypads on some
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`cellphones.” Id. at 1:64-66. The user might make mistakes while dialing, and
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`“must devote attention to devices, for example, obtaining the correct telephone
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`number from a PID and then correctly punching in the number on the keypad of
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`the cellphone.” Id. at 1:66-2:5. The ’671 Patent thus recognizes that “what is
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`required is a method whereby a user’s handheld PID can automatically dial a
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`telephone number stored in its memory.” Id. at 2:11-13.
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`2.
`Summary of Alleged Invention of the ’671 Patent
`46. To address this problem, the ’671 Patent provides a system (and
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`corresponding method) which “enables a handheld PID to automatically dial a
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`telephone number stored its memory by interacting with a telephone.” APPL-
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`1001, 2:37-40; 4:11-23. This system is shown in FIGS. 1 and 5 of the ’671 Patent,
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`reproduced and annotated below:
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`computer
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`wireless ports
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`telephone
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`computer
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`telephone
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`wireless ports
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`47. The telephone, which can be a handheld cellular telephone, “is
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`equipped with a wireless port for short range wireless data transfer.” Id. at 2:41-
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`43. The PID is similarly “equipped with a wireless port for short range wireless
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`data transfer.” Id. at 2:43-44. “The PID is configured to control the telephone via
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`the wireless communications such that the telephone dials a telephone number
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`stored on the PID.” Id. at 2:45-48.
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`48. The ’671 Patent describes that each of the wireless ports of the
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`telephone and the PID is a “transceiver,” which the ’671 Patent uses to mean
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`“some combination of a receiver and/or transmitter.” APPL-1001, 4:40-45. The
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`wireless link between the computer and telephone can be a short-range radio
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`frequency (RF) link, “such as that defined by the Bluetooth communications
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`specification Bluetooth,” or “an infrared communication link such as that as
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`defined by the Infrared Data Association (IrDA).” Id. at 4:47-53. “Bluetooth is
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`the name for a short-range radio link intended to replace the cable(s) connecting
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`portable and/or fixed electronic devices.” Id. at 5:28-30.
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`49. PIDs