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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________
`LENOVO (UNITED STATES) INC.
`Petitioner
`v.
`LITL LLC
`Patent Owner
`__________
`IPR Case No. IPR2021-00681
`U.S. Patent No. 8,289,688
`__________
`
`
`DECLARATION OF JEAN RENARD WARD, IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. § 311 ET SEQ. AND 37 C.F.R. § 42.100 ET SEQ.
`(CLAIMS 1-9 AND 11-32 OF U.S. PATENT NO. 8,289,688)
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`INTRODUCTION
`1. My name is Jean Renard Ward. I have been retained as a technical
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`I.
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`expert on behalf of Lenovo (United States) Inc. to provide assistance in the above-
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`captioned matter. I understand that Lenovo (United States) Inc. is the Petitioner in
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`this proceeding. I have no financial interest in or affiliation with the Petitioner or
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`the Patent Owner, which I understand is LiTL LLC. My compensation does not
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`depend upon the outcome of, or the specifics of my testimony in, this inter partes
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`review proceeding or any litigation proceedings.
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`2.
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`I have reviewed each of the following documents: I understand that
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`some are also identified in the Petition.
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`EXHIBIT
`1001
`
`DESCRIPTION
`U.S. Pat. No. 8,289,688 ("the '688 Patent")
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`1002
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`1003
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`1004
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`1005
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`1006
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`1007
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`1008
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`1009
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`1011
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`Prosecution History of the '688 Patent
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`JP 1994-242853 to Shimura
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`Certified English translation of JP 1994-242853 ("Shimura")
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`U.S. Pub. No. 2006/0034042 to Hisano et al. ("Hisano")
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`U.S. Pub. No. 2005/0062715 to Tsuji et al. ("Tsuji")
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`JP 1996-179851 to Shigeo
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`Certified English translation of JP 1996-179851 ("Shigeo")
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`U.S. Pat. No. 6,918,159 to Choi ("Choi")
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`Curriculum Vitae of Jean Renard Ward
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`ii
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`1012
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`1013
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`1014
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`1015
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`1016
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`1017
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`1018
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`1019
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`1020
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`1021
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`1022
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`1023
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`1024
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`1025
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`1026
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`1027
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`Claim Listing
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`Family Diagram of Modified Shimura Computers
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`Clifford & Gomez, Measuring Tilt with Low-g Accelerometers
`(2005) ("Freescale")
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`U.S. Pub. No. 2005/0122318 to Tonouchi et al. ("Tonouchi")
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`DE 1031455A1 to Schweizer
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`Certified English translation of DE 1031455A1 ("Schweizer")
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`Hardy, Lenovo ThinkPad X61 Table PC Review (2007)
`("Lenovo")
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`U.S. Pat. No. 6,882,335 to Saarinen ("Saarinen")
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`U.S. Pat. No. 6,493,216 to Lin ("Lin")
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`U.S. Pat. No. 8,151,105 to Park et al. ("Park")
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`Ride, MIT's $100 Laptop (2005) ("MIT")
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`U.S. Pub. No. 2005/0134717 to Misawa ("Misawa")
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`U.S. Pat. No. 6,243,258 to Paratore ("Paratore")
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`Hinckley et al., Sensing Techniques for Mobile Interaction
`("Hinckley")
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`Bartlett, Rock 'n' Scroll is Here to Stay (2000) ("Bartlett")
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`U.S. Pat. No. 6,704,007 to Clapper ("Clapper")
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`1028 Microsoft, Microsoft Computer Dictionary Fifth Edition (2002)
`("Microsoft")
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`1029
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`1030
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`U.S. Pat. No. 5,436,954 to Nishiyama ("Nishiyama")
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`GB 2449632 to Hohl ("Hohl")
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`iii
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`1031
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`1032
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`JP 2002-258982 to Kiyoyuki
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`Certified English translation of JP 2002-258982 ("Kiyoyuki ")
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`iv
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`I understand that the application leading to U.S. Patent No. 8,289,688
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`3.
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`("the '688 Patent") was filed as U.S. Application No. 12/170,939 on July 10, 2008.
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`This application claims priority to U.S. Provisional Application No. 61/041,365,
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`filed April 1, 2008, which I have been asked to treat as the effective filing or
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`priority date of the '688 Patent (also referred to hereafter as the "Critical Date").
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`II. QUALIFICATIONS AND PROFESSIONAL EXPERIENCE
`EX-1011 is a copy of my current curriculum vitae ("CV").
`4.
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`5.
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`I provide consulting services doing business as Rueters-Ward Services
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`(http://ruetersward.com/). My place of business is located at 33 Forest Street,
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`Watertown MA 02472.
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`6.
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`I received an SBEE degree (combined program in Electrical
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`Engineering and Computer Science) from the Massachusetts Institute of Technology
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`as a member of the class of 1973.
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`7.
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`I am a practicing engineer. For a number of years, I have primarily
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`been doing consulting projects and contract development work under the business
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`name of Rueters-Ward Services. I have worked professionally in the general field of
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`software engineering and relevant hardware for approximately 45 years, primarily in
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`pen/touch computing, applications of public-key cryptography, and web
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`development. Many of my major projects have concerned pen/touch computing: also
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`referred to simply as pen computing. Pen computing refers to computing that makes
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`use of a pen, stylus (including a finger), or other touch-sensitive tool, and a tablet or
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`touchscreen. This is contrasted with computing that makes use of devices such as a
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`physical keyboard or physical mouse.
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`8.
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`During and immediately after my university studies, from 1973 to
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`1977, I worked at Data General Corporation on compilers and source-level
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`emulation tools for a number of programming languages.
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`9.
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`For the next approximately 17 years, I worked primarily on many
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`aspects of pen computing, both software and hardware, at a number of development
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`companies. From 1977 to 1987, I was heavily involved in the development of base
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`technology (handwriting recognition algorithms, operating firmware, user-interface
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`techniques and applications, physical display configurations, and hardware tablet
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`sensors) and three generations of pen-computing products of Pencept Inc., a
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`pioneering commercial company for pen-computing technology that I co-founded.
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`Pencept filed for and was granted a number of patents for my work during that time.
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`My contributions included developing novel techniques for gesture and handwriting
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`recognition, new paradigms for pen- and stylus-based user interfaces, two
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`generations of an applicative computer language for gesture and handwriting
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`recognition, and engineering solutions to problems with touchscreens and digitizing
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`tablets.
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`10. While at Pencept, I participated in the re-engineering of off-the-shelf
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`commercial tablets that detected touch from an electronic stylus; the engineering
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`evaluation of off-the-shelf tablet technologies, including at least one having
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`transparent touchscreen sensors that responded both to finger touches and to touch
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`by a specialized stylus; and the design of a custom electronic tablet responsive to an
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`electromagnetic stylus.
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`11. During that time and in the years following, I authored or co-authored a
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`number of peer-reviewed articles concerning pen-computing, generative models for
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`handwriting variability, and digitizer/touchscreen technologies and error behaviors.
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`12. These articles are listed in my CV, EX-1011 to this declaration. I was
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`an invited speaker at an international research conference on handwriting
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`recognition in Montreal, Canada. I also made presentations concerning gesture input
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`for Pencept and its competitors to the Graphical Kernel System (GKS) and
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`Programmer's Hierarchical Interactive Graphics System (PHIGS) standardization
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`committees for computer graphics systems, and organized and chaired a panel
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`discussion concerning real-world problems of handwriting recognition technology at
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`another academic conference. I was also invited to visit and speak to the research
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`groups in pen computing at a number of major computer technology companies,
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`including IBM in the United States and the AEG-Telefunken Research Center in
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`Germany.
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`13.
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`In 1989, I joined the Freestyle development group at Wang
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`Laboratories as a Software Architect. Freestyle was a direct-manipulation pen-
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`computing system that integrated stylus- and voice-input and annotations. During
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`my tenure there, Wang filed for and later was granted U.S. and international patents
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`for my work on simulating virtual keyboard and mouse input from stylus user input
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`on a touch-sensitive tablet portable computer. In addition, I was the lead engineer for
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`Wang on a joint hardware project for a low-power, touchscreen technology using a
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`capacitive stylus for a line of highly-portable handheld computers.
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`14.
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`In 1991, at the end of Freestyle development, I joined Slate
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`Corporation, a company formed to develop pen-centric applications for both the new
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`Pen-Point (GO Corporation) and Pen Windows (Microsoft) operating systems. Both
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`of these operating systems ran on pen/tablet computers, and "convertible" tablet
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`computers that could be converted between laptop and tablet modes. In addition to
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`supporting tablet and laptop modes, the operating systems and the applications
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`supported rotation and inversion of the system display images to match the physical
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`orientation of the display e.g. portrait/landscape/inverted This included changes to
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`the user interface presented to the user according to the display mode.
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`15. During that time, I was Slate's representative and the co-chair of a
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`number of meetings involving GO Corporation, Microsoft, and other companies
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`concerning the JOT cross-platform storage-level standard for compressed electronic
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`ink data, and was the primary author of the first draft for that standard. I made
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`presentations regarding the history of pen computing to technical groups interested
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`in the topic. I also conducted tutorials on touchscreen/pen interfaces and
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`hardware/software technology at two annual meetings of the Society for Information
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`Display, the leading engineering society for display technologies.
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`16. From approximately 1993 onward, my professional work has been
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`primarily as an independent developer and consultant in the areas of pen/touch
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`computing, applications of public-key cryptography and computer security.
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`17. Since the late 1980s, I have maintained and updated an extensive
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`library of references relating to pen-computing, touchscreens, and related technical
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`subjects. I have continually published a working annotated bibliography of these
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`references on the internet for more than 20 years. The annotated bibliography
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`currently contains well over 9000 references I have read or studied in my fields of
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`interest or encountered during my professional career. A number of the references
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`cited in this declaration, I took from my files of the references in the bibliography.
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`My annotated bibliography can be accessed here:
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`http://www.ruetersward.com/biblio.html
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`18. When the Internet became available, it was frequent that technical
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`professionals in computer-related fields began publishing their technical materials
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`on the Internet as a service to each other. As a service to those with an interest in the
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`field, I began posting my bibliography with its annotations online in about the early
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`1990s, along with some additional material. In more recent years, because of my
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`professional work and because of the relation to many touchscreen applications, the
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`bibliography also includes references related to computer security, cryptography,
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`and DRM digital rights management.
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`19. The bibliography is available on my professional web site at
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`www.ruetersward.com, and on a number of mirrors. It has been my usual practice to
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`update the bibliography at irregular periods several times a year or more often, as is
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`convenient. The bibliography has been cited in refereed technical papers by others,
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`by the USPTO, and in academic degree theses such as at M.I.T.
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`20.
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`I obtained copies of many of the publications and references in the
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`course of the projects I have worked on throughout my career, others through my
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`independent reading and study. I have read the references in my bibliography
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`because of my professional work, my intellectual interest, to keep up to date with
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`developments in the field, and/or to record the history of the field.
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`21.
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`I also have a personal collection of touch screen and touch tablet
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`devices that I have acquired over the years. These include equipment from past
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`projects I have worked on, as well as other items I considered of note, including a
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`very early model portable phone with an integrated touch screen and display, a very
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`early calculator that used a mechanical touchpad for handwritten entry of arithmetic,
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`at least one model of a very early PDA with an integrated touch screen and display
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`with handwriting recognition, and various models from the early 1990's of portable
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`touchscreen computers running one or another complete touchscreen operating
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`system, including "convertible" portable computers of various designs with
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`tablet/laptop configurations and modes.
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`22. A copy of my curriculum vitae with descriptions of my education,
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`professional achievements, and qualifications is attached to this declaration as EX-
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`1011. It includes a listing of relevant industry experience, publications, and
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`presentations.
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`III. LEGAL STANDARDS AND BACKGROUND
`I am not an attorney. My knowledge of patent law is that of a lay
`23.
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`person. Accordingly, I do not offer any legal opinions. I have been informed by
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`counsel of several legal standards that govern my analysis, including those
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`discussed below. For example, a proper validity analysis includes resolving the
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`level of ordinary skill in the pertinent art, determining the scope and content of the
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`prior art, and ascertaining the differences between the claimed invention and the
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`prior art. I also understand that whether a reference was or was not among the body
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`of references described as the prior art as of a patent's priority date is a legal
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`question, so I have relied on Petitioner's attorneys to inform me as to whether or
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`not a reference is in the prior art. I address all of these factors in my declaration
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`below.
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`A.
`24.
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`Person of Ordinary Skill in the Art
`I have been advised that the claims of a patent are reviewed from the
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`perspective of a hypothetical person of ordinary skill in the art as of the Critical
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`Date of the '688 Patent ("POSITA"). The "art" is the field of technology to which a
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`patent is related, which, in this case, is user interfaces for portable computing
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`devices.. I understand that the purpose of using the viewpoint of the POSITA is for
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`objectivity.
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`25. To determine the characteristics of the POSITA, I have considered the
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`prior art and the various approaches in the prior art, the types of problems
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`encountered, the solutions to those problems, the problems encountered by the
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`inventor, and the rapidity with which innovations were made. I also considered the
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`sophistication of the technology involved and the educational background and
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`experience of those actively working in the relevant field at the Critical Date. I
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`placed myself back at the Critical Date and considered the technology available at
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`the Critical Date. Based on my experience, I have an understanding of the
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`capabilities, sophistication, and ordinary creative abilities of a POSITA in the
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`relevant field. I have supervised, directed, and provided guidance to a number of
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`such persons over the course of my career.
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`26. Based on those considerations, the POSITA as of the Critical Date of
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`the '688 Patent would have had at least a Bachelor's degree in Electrical
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`Engineering, Computer Engineering, or Computer Science, plus two to three years
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`of work experience in designing hardware and/or software aspects of user
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`interfaces for portable computing devices. Alternatively, the POSITA could have
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`received a graduate degree such as a Master's degree in the same field with at least
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`one year of work experience related to hardware and/or software design aspects of
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`the user interfaces for portable computing devices.
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`27.
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`In view of my education and experience, as summarized above and in
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`my curriculum vitae (EX-1011), I meet and exceed this definition of the POSITA,
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`and I did so at the time of the Critical Date. .
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`28.
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`In arriving at my opinions and conclusions in this declaration, I have
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`considered the issues from the POSITA at the Critical Date.
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`B. Claim Construction
`29. Lenovo's Counsel has told me that terms should be given the meaning
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`that the term would have to a POSITA in question at the Critical Date in an inter
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`partes review proceeding.
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`30.
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`I understand that the appropriate context in which to read a claim term
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`includes both the specification and the claim language itself. I understand that a
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`patent may include two types of claims, independent claims and dependent claims.
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`I understand that an independent claim stands alone and includes only the
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`limitations it recites. I understand that a dependent claim depends from an
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`independent claim or another dependent claim. I understand that a dependent claim
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`includes all the limitations that it recites in addition to the limitations recited in the
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`claim (or claims) from which it depends.
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`31.
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`In comparing the Challenged Claim to the prior art, I have carefully
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`considered the patent and its prosecution history in light of the understanding of
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`the POSITA at the Critical Date.
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`32.
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`I understand that to determine how the POSITA would have
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`understood a claim term, one should look to sources available at the Critical Date
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`that show what the POSITA would have understood claim language to mean. It is
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`my understanding that this may include what is called "intrinsic" evidence as well
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`as "extrinsic" evidence.
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`33.
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`I understand that, in construing a claim term, one should primarily
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`rely on intrinsic patent evidence, which includes the words of the claims
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`themselves, the remainder of the patent specification, and the prosecution history. I
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`understand that extrinsic evidence, which is evidence external to the patent and the
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`prosecution history, may also be useful in interpreting patent claims when the
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`intrinsic evidence itself is insufficient. I understand that extrinsic evidence may
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
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`include principles, concepts, terms, and other resources available to the POSITA at
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`the Critical Date.
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`C. Validity
`I understand that the Petitioner bears the burden of proving the
`34.
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`instituted grounds of invalidity by a preponderance of the evidence. I understand
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`that "preponderance" means "more likely than not." I understand that general and
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`conclusory assertions, without underlying factual evidence, may not support a
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`conclusion that something is "more likely than not."
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`35. Rather, the "preponderance of the evidence" standard requires that a
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`reasonable finder of fact be convinced that the existence of a specific material fact
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`is more probable than the non-existence of that fact. The preponderance of the
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`evidence standard does not support speculation regarding specific facts and is
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`instead focused on whether the evidence more likely than not demonstrates the
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`existence or non-existence of specific material facts. Here, I understand that the
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`Petitioner has argued that the claims at issue (e.g., Challenged Claims) are
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`rendered obvious by certain prior-art references.
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`36.
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`I have been informed that a reference may qualify as prior art to a
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`patent if the reference was known or used by others in this country, or patented or
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`described in a printed publication in this or a foreign country, before the invention
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`by the patent holder. I have also been informed that a reference may qualify as
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
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`prior art to a patent if the invention was patented or described in a printed
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`publication in this or a foreign country or in public use or on sale in this country,
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`more than one year before the effective filing date of the patent. For a printed
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`publication to qualify as prior art, I understand that the Petitioner must demonstrate
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`that the publication was disseminated or otherwise sufficiently accessible to the
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`public.
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`37.
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`I have further been informed that a reference may qualify as prior art
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`to a patent if the invention was described in a published application for a patent
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`filed in the United States before the invention by the applicant of the challenged
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`patent.
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`D. Obviousness
`I understand that a patent claim may be found unpatentable as obvious
`38.
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`if the Petitioner establishes by a preponderance of the evidence that, as of the
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`priority date, the subject matter of the claim, considered as a whole, would have
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`been obvious to a person having ordinary skill in the field of the technology (the
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`"art") to which the claimed subject matter belongs.
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`39.
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`I understand that the analysis of whether a claim is obvious depends
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`upon a number of factual inquiries, for example, (1) the scope and content of the
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`prior art; (2) the differences between the claimed subject matter and the prior art;
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
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`(3) the level of ordinary skill in the art; and (4) objective evidence of non-
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`obviousness.
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`40.
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`I have also been informed that the claimed invention must be
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`considered as a whole in analyzing obviousness or non-obviousness. In
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`determining the differences between the prior art and the Challenged Claim, the
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`question under the obviousness inquiry is not whether the differences themselves
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`would have been obvious, but whether the claimed invention as a whole would
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`have been obvious.
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`41. On this point, I understand that it might be appropriate to consider
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`whether there is evidence of a "teaching, suggestion, or motivation" to combine the
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`teachings in the prior art, the nature of the problem, or the knowledge of a
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`POSITA.
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`42.
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`I have been informed and understand that a prior-art reference
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`inherently discloses a limitation if the reference must necessarily function in
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`accordance with, or include, the limitation in the context of the patented
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`technology.
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`43.
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`I understand that one indicator of non-obviousness is when prior art
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`"teaches away" from combining certain known elements. For example, a prior art
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`reference teaches away from the patent's particular combination if it leads in a
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`different direction or discourages that combination, recommends steps that would
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`not likely lead to the patent's result, or otherwise indicates that a seemingly
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`inoperative device would be produced.
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`44.
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`I further understand that certain objective indicia can be important
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`evidence regarding whether a patent is obvious or nonobvious, including the
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`existence of a long-felt but unsolved need, unexpected results, commercial success,
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`copying, and industry acceptance or praise.
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`
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`E. Means-Plus-Function Limitation
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`45.
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`I understand that the presence of the word "means" in a claim element
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`creates a rebuttable presumption that the limitation should be construed as a
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`means-plus-function limitation. I have been informed that the essential inquiry for
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`a mean-plus function limitation is not the presence or absence of the word "means"
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`but whether the words of the claim are understood by persons of ordinary skill in
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`the art to have a sufficiently definite meaning as the name for structure. I
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`understand that a means-plus-function limitation is construed to cover the
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`corresponding structure, material, or acts described in the specification and
`
`equivalents thereof.
`
`46.
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`In the situation where means-plus-function claims are directed to
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`computer-implemented functionality, the specification is required to disclose an
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`algorithm corresponding to the claimed function. I have been informed that the
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`specification can express the algorithm in any understandable terms such as a
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`mathematical formula, in prose, or as a flow chart, or in any other manner that
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`provides sufficient structure.
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`47. As discussed below in ¶¶106-126, there are limitations listed below
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`are construed using a mean-plus-function interpretation because the claim language
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`is not understood by persons of ordinary skill in the art to have a sufficiently
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`definite meaning as the name for structure. The language in the specification
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`identifying the structure, material, or acts corresponding to each of these
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`limitations in the claim is described in greater detail below in ¶¶106-126.
`
`IV. RELEVANT INFORMATION CONCERNING THE '688 PATENT
`A. Overview of the '688 Patent
`48. The '688 Patent is directed to a "portable computer that is configurable
`
`between a plurality of display modes including a laptop mode (in which the
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`portable computer has a conventional laptop appearance) and an easel mode in
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`which the base of the computer and its display component stand vertically forming
`
`an inverted 'V.'" EX-1001, Abstract. The portable computer 100 is configurable
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`into the plurality of display modes (e.g., FIGs. 1, 4, 26, and 27 below,
`
`corresponding to a laptop mode, an easel mode, a frame mode, and a flat mode)
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`based on a hinge assembly (e.g., FIGs. 7B and 10 below) rotatably coupling the
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`display component 102 to the base 104 of the computer 100. EX-1001, Abstract.
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`-15-
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`The hinge assembly may include a single hinge or multiple hinge, and the hinge
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`assembly may use a single-axis hinge or a multiple-axis hinge. EX-1001, 6:31-38.
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`-16-
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
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`-17-
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`49. The displayed content of the portable computer of the '688 Patent can
`
`be rotated by 90° or 180° so that the displayed content is oriented properly for an
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`intended user. EX-1001, 8:7-16, 16:27-50. The 90° or 180° rotation of the
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`displayed content may be manual or automated. EX-1001, 16:27-50. For example,
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`in an embodiment where the rotation is automated, the portable computer uses an
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`orientation (or mode) sensor that detects whether the portable computer is in a
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`laptop mode or an easel mode and adjusts the display accordingly. EX-1001, 8:17-
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`20. The orientation (or mode) sensor may be located in the hinge assembly 138 and
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`"may be used to determine a precise relative orientation[, such as an angle,] of the
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`base component 104 with respect to the display component 102 . . . to determine [a
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`given display mode.]" EX-1001, 8:26-31, 58-61. In some embodiments, the
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`orientation sensor may be located in a display component 102 or base 104 and may
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`include an accelerometer "whose output is fed to the computer operating system
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`(or to dedicated logic circuitry) which then triggers a display inversion as
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`appropriate [between the two modes]." EX-1001, 8:31-34.
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`50. The '688 Patent also discloses "software and/or hardware protection
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`. . . provided for the keyboard to prevent keys from being pressed (or to prevent the
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`portable computer from responding to pressed keys) when the portable computer is
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`in the frame mode." EX-1001, 16:14-17.
`
`51. Moreover, the '688 Patent discloses integrated navigation hardware
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`that "allows a user to easily and comfortable [sic] control various features and
`
`functions of the portable computer, and to manipulate content displayed on the
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`portable computer." EX-1001, 10:55-58. The navigation hardware may include a
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`scroll wheel, navigation buttons 166, 168, or conventional tools (e.g., touchpad
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`108, track ball, mouse, or other peripherals) to "control, adjust and/or select
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`various functionality of the portable computer." EX-1001, 10:59-61, 11:2-10, 15-
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`19, 22-24, 40-44, 12:17-21.
`
`52. Challenged Claim 1 (reproduced below) is representative.
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`EX-1001, 17:10-38.
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`-20-
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`In summary, the '688 Patent describes and claims portable computers
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`53.
`
`having one or more of the following features:
`
`1. Portable computers that could be configured into multiple display modes
`using a hinge rotation (hereafter "multi-display-mode portable computers");
`2. Detecting display modes in multi-display-mode portable computers using
`sensor(s) and controlling orientation of the displayed content based on the
`detected display mode;
`3. Single-axis hinges that could be used in multi-display-mode portable
`computers to rotate the display component greater than 180 degrees; and
`4. Disabling keyboard in multi-display-mode portable computers in one or
`more display mode(s).
`
`54. As shown below, however, at the Critical Date, portable computers
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`having the above-identified and other relevant claim features were known in the art
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`before the Critical Date.
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`Prosecution History of the '688 Patent
`B.
`55. The '688 Patent was allowed after several Office Actions and claim
`
`amendments. EX-1002, throughout. In the last office action before allowance,
`
`dated September 8, 2011, the Examiner rejected all pending independent claims
`
`(except for independent claim 12 (now claim 11)) as being anticipated by U.S.
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`Patent No. 7,061,472 to Schweizer. EX-1002, 130-132. Relevant parts of
`
`independent claim 1 are shown below with amendments made by the Applicant in
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`response to the office action:
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`-21-
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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`EX-1002, 98.
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`56. Applicant also made amendments to other independent claims that led
`
`to allowance, and the amendments to the independent claims are generally related
`
`to the following claim features: (1) the single display component, (2) the easel
`
`mode, (3) the hinge assembly, (4) the navigation hardware control, (5) the rotation
`
`sensor, and (6) the display inversion for different display modes. EX-1002, 59-73,
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`99-105. However, as demonstrated below, these features (along with the rest of the
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`Lenovo EX-1010,
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`Ward Declaration re Petition for Inter Partes Review of U.S. Patent No. 8,289,688
`(IPR2021-00681)
`
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