Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper: 6
`Entered: October 21, 2021
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`LENOVO (UNITED STATES) INC.,
`Petitioner,
`
`v.
`
`LITL LLC,
`Patent Owner.
`_____________
`
`IPR2021-00786
`Patent 9,880,715 B2
`____________
`
`
`Before MICHELLE N. ANKENBRAND, GARTH D. BAER, and
`BRIAN D. RANGE, Administrative Patent Judges.
`
`RANGE, Administrative Patent Judge.
`
`
`
`DECISION
`Denying Institution of Inter Partes Review
`35 U.S.C. § 314
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`I. INTRODUCTION
`Lenovo (United States) Inc. (“Petitioner”) filed a Petition (Paper 1,
`“Pet.”) requesting an inter partes review of claims 1–20 of U.S. Patent
`No. 9,880,715 B2 (Ex. 1001, “the ’715 patent”). LiTL LLC (“Patent
`Owner”) filed a Preliminary Response. Paper 5 (“Prelim. Resp.”).
`Petitioner identifies Lenovo (United States) Inc. and Lenovo (Beijing)
`Limited as the real parties in interest, and further notes that Lenovo (United
`States) Inc. is “an indirect wholly-owned subsidiary of Lenovo Group
`Limited.” Pet. 2. Patent Owner identifies LiTL LLC as the real party in
`interest. Paper 4, 1.
`We have authority to determine whether to institute an inter partes
`review. See 35 U.S.C. § 314; 37 C.F.R. § 42.4(a) (2020). The standard for
`institution is set forth in 35 U.S.C. § 314(a), which provides that inter partes
`review may not be instituted unless “there is a reasonable likelihood that the
`petitioner would prevail with respect to at least 1 of the claims challenged in
`the petition.” As discussed below, we determine that Petitioner does not
`show a reasonable likelihood of prevailing with respect to any of the
`challenged claims. Accordingly, we deny institution of an inter partes
`review.
`
`BACKGROUND
`II.
`Related Matters
`A.
`The parties identify the following as a related matter: LiTL LLC v.
`
`Lenovo (United States), Inc. and Lenovo (Beijing) Limited, 1:20-cv-00689-
`RGA (D. Del.). Pet. 2; Paper 4, 1. Patent Owner also identifies the following
`as related matters: IPR2021-00681 (challenging U.S. Patent No. 8,289,688,
`which belongs to the patent family of the ’715 patent); IPR2021-00800
`
`2
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`(challenging U.S. Patent No. 10,289,154, which belongs to the patent family
`of the ’715 patent); IPR2021-00821 (challenging U.S. Patent No. 8,612,888,
`which belongs to the patent family of the ’715 patent); and IPR2021-00822
`(challenging U.S. Patent No. 8,624,844, which belongs to the patent family
`of the ’715 patent). Paper 4, 2.
`The ’715 Patent (Ex. 1001)
`B.
`The ’715 patent is titled “System and Method for Streamlining User
`Interaction with Electronic Content.” Ex. 1001, code (54). The challenged
`claims relate to “a graphical user interface that organizes interface elements
`into views of computer content for presentation to a user” and “an interface
`that is responsive to configurations of the device and activities performed by
`the user.” Id., code (57). The ’715 patent explains that increased computing
`power enables computers to provide more and more features, but the myriad
`options may frustrate some users. Id. at 1:40–2:14. The ’715 patent
`emphasizes the problem of “the inflexibility of the devices being used and
`their accompanying interfaces,” and a problem generated by “feature
`packing” whereby “[t]ypical computer users simply can’t take advantage of
`all the functionality offered. . . . [as t]he complexity of the interface (both
`hardware and software) hampers adoption [of, e.g., services and features
`offered by their own computer or by online providers], as does the volume
`of features offered.” Id. at 2:18–33; see id. at 15:19–30.
`The solution the ’715 patent proposes is a graphical user interface that
`improves the user’s experience and the user’s ability to interact with
`electronic content, by implementing different views. Id. at 2:45–58. For
`example, the ’715 patent explains different views present different
`
`3
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`organizations of interface elements based upon device configuration and
`user activity:
`[A]spects and embodiments are directed to a graphical user
`interface that organizes interface elements into modes of content
`for presentation to a user. Different views of the modes of content
`are used to present the user with an interface that is responsive to
`configurations of the device and responsive to activity being
`performed by the user. Further the elements that comprise the
`graphical user interface are configured to present a summarized
`view of available actions and content, in order to simplify user
`interaction. The different views present different organizations
`of the interface elements and in some example display only
`certain ones of the modes of content in order to reduce the
`number of options a user must navigate to accomplish an
`objective.
`Id. at 2:35–58.
`The ’715 patent further explains that its user interface comprises a
`plurality of views of representations of computer content and explains the
`views as follows:
`The user interface comprises a map based graphical user
`interface displayed on the computer system, the map based user
`interface comprising a plurality of views of a plurality of visual
`representations of computer content, wherein the computer
`content includes at least one of selectable digital content,
`selectable computer operations and passive digital content, and
`the plurality of visual representations of computer content
`rendered on the computer display, wherein the plurality of visual
`representations of computer content include an association to a
`first view of the plurality of views, the first view including the
`computer content, and wherein the each of the plurality of visual
`representations is responsive to focus and execution, wherein
`execution includes clicking on the visual representation, and an
`execution component comprising at least one computer hardware
`element configured to transition the computer system display
`between the plurality of views, wherein the execution component
`further comprises a view selector component configured to select
`
`4
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`one of the plurality of views for display on a computer system in
`response to a computer system configuration.
`Id. at 2:63–3:25.
`The computer system of the ’715 patent also describes different
`profiles to customize the graphical user interface in different modes,
`including: a closed mode (in which the display screen is disposed
`substantially against the base of the computer); a laptop mode (in which the
`portable computer has a conventional laptop appearance, achieved by, e.g.,
`rotating the display about the longitudinal axis up to approximately 180
`degrees from the closed mode); an easel mode (in which the base of the
`computer and its display component stand upright forming an inverted “V,”
`and the keyboard is concealed and not easily accessible); a flat mode (in
`which the computer’s base component and display component lay flat on a
`surface); and a frame mode (in which the keyboard is concealed and not
`easily accessible, and software and/or hardware protection may be provided
`for the keyboard to prevent keys from being pressed, or to prevent the
`computer from responding to pressed keys). Id. at 6:39–42, 6:49–56, 11:40–
`42, 24:37–63, 25:40–50.
`Figure 17 of the ’715 patent, reproduced below, illustrates a portable
`computer in laptop mode, in which the keyboard is oriented to be accessible
`to the user. Id. at 13:29–32, 21:1–3. Figure 4 of the ’715 patent, reproduced
`below, illustrates the portable computer in easel mode, in which the
`keyboard is concealed and not easily accessible. Id. at 12:57–58, 24:61–62,
`26:60–65. And Figure 26 of the ’715 patent, reproduced below, illustrates
`the portable computer configured into frame mode, in which the keyboard is
`concealed and not easily accessible. Id. at 13:55–58, 24:61–62.
`
`5
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`Figure 17 illustrates a portable computer in laptop mode.
`Id. at 13:29–32.
`
`
`Figure 4 illustrates a portable computer in easel mode.
`Id. at 12:57–58.
`
`
`6
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`Figure 26 illustrates a portable computer in frame mode.
`Id. at 13:55–58.
`
`The ’715 patent’s computer assigns different views to the different
`modes (e.g., the laptop mode, the easel mode, the flat mode, and the frame
`mode) based on the mode’s configuration. Id. at 2:45–3:16, 31:18–26. For
`example, the computer may display a “home view” in laptop mode, and may
`display a “Channel View” in easel mode as Figure 23 of the ’715 patent
`shows. We reproduce Figure 23 below. Id. at 31:18–26.
`
`
`
`7
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`Figure 23 is a screen shot of a graphical user interface of the portable
`computer set in easel mode, displaying a channel view that may also display
`a plurality of modes of content. Id. at 13:47–49, 31:20–26.
`As Figure 23 shows, the channel view includes selector display (2302)
`and visual representations of content or channel cards (2304–2310) available
`for selection. Id. at 31:18–26, 53:63–54:1. The visualization the channel
`view provides resembles and behaves like a rolodex. Id. at 54:7–10. In one
`example, a user invokes the channel view by operating/moving a physical
`scroll wheel (e.g., scroll wheel 132 illustrated in Figure 4, reproduced
`above). Id. at 53:60–64. As the user moves the scroll wheel, individual
`channels 2304–2310 appear to flip around the hinge of the device. Id. at
`54:10–19. In response to a selection, the foremost channel card displayed is
`selected and displayed full screen. Id.
`As further examples, the ’715 patent explains that the computer may
`display a “channel page view” (illustrated in Figure 20A, reproduced
`below), and a “channel full view” (illustrated in Figure 21, reproduced
`below).
`
`8
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`Figure 20A is a screen shot illustrating a graphical user interface showing a
`channel page view, which presents a unique view into content made
`available through a website, and provides a consistent framework for user
`interaction with rss style content. Id. at 13:38–40, 51:28–50.
`
`
`
`
`
`
`9
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`
`Figure 21 is a screen shot illustrating a graphical user interface showing a
`channel full view, which includes displays configured to identify a source of
`an rss feed, and, in response to a user selection, displays a content menu
`permitting selection of any of the rss items.
`Id. at 13:41–43, 52:33–52.
`
`Challenged Claims
`C.
`Among challenged claims 1–20, claims 1, 17, and 20 are independent.
`
`Claims 2–16 and 19 depend from claim 1, and claim 18 depends from claim
`17. Claim 1 is exemplary of the claimed subject matter of the ’715 patent
`and is reproduced as follows, with added bracketed identifiers to claim
`elements.
`1. [1pre] A customized user interface to display computer
`content on a display component of a computer system including
`a keyboard, the user interface comprising:
`[1a] at least one processor operatively connected to a
`memory of the computer system;
`[1b] a graphical user interface, executing on the at least
`one processor, configured to display the computer
`content on the display component of the computer
`system, the graphical user interface configured to:
`[1c] display a plurality of views of a plurality of
`visual representations of computer content, wherein
`the computer content includes at least one of
`selectable digital content, selectable computer
`operations and passive digital content;
`[1d] an execution component, executing on the at least
`one processor, configured to:
`[1e] detect a current computer system configuration
`from at least a first computer system configuration
`where the keyboard is operable to receive input from
`an operator of the computer system to control the
`computer system and a second computer system
`configuration where the keyboard is inoperable to
`
`10
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`receive input from the operator of the computer
`system to control the computer system;
`[1f] select one of the plurality of views for display
`on the computer system in response to the detected
`current computer system configuration; and
`transition the display component to the selected one
`of the plurality of views.
`Ex. 1001, 70:63–71:24; see also Ex. 1009 and Pet. 51–59 (annotating claim
`1 with the same identifiers).
`Asserted Grounds of Unpatentability
`D.
`Petitioner asserts that the challenged claims are unpatentable based on
`
`the following grounds:
`
`Ground Claim(s) Challenged 35 U.S.C. §
`1
`1, 20
`103
`2
`2–19
`103
`
`Reference(s)/Basis
`Shimura,1 Tsuji2
`Shimura, Tsuji, Pogue3
`
`Pet. 3. Petitioner supports the asserted grounds with the Declaration of Jean
`Renard Ward. Ex. 1007; see also Ex. 1008 (curriculum vitae of Jean Renard
`Ward).
`
`III. ANALYSIS
`We organize our analysis into three main sections: (A) level of
`ordinary skill in the art; (B) claim construction; (C) the adequacy of
`Petitioner’s ground one showings for purposes of trial institution; and
`(D) the adequacy of Petitioner’s ground two for purposes of trial institution.
`
`
`1 JP1994-242853 (H6-242853), published September 2, 1994 (Ex. 1003).
`We refer to the Certified English translation (Ex. 1004).
`2 US 2005/0062715 A1, published Mar. 24, 2005 (Ex. 1005).
`3 Windows XP Home Edition: The Missing Manual (2d ed.) (David Pogue,
`Pogue Press, LLC & O’Reilly Media, Inc. 2004) (Ex. 1006).
`11
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`Level of Ordinary Skill in the Art
`A.
`With regard to the level of ordinary skill in the art, Petitioner contends
`that a person of ordinary skill would have had:
`at least a Bachelor’s degree in Electrical Engineering, Computer
`Engineering, or Computer Science, plus two to three years of
`work experience in designing hardware and/or software aspects
`of user interfaces for computing devices and be familiar with
`designs of the user interface employed and displayed by the
`operating system and
`its organization of content and
`functionality. . . . Alternatively, the POSITA would also have
`received a graduate degree such as Master’s or PhD degree in the
`same field with at least one year of the same work experience.
`Pet. 14 (citing Ex. 1007 ¶¶ 24–28).
`Patent Owner does not dispute Petitioner’s asserted level of ordinary
`skill in the art. See generally Prelim. Resp.
`We find, based on the current record, that Petitioner’s contention is
`reasonable. For purposes of this decision, we adopt the level of ordinary skill
`in the art Petitioner proposes.
`Claim Construction
`B.
`Petitioner proposes constructions for several claim terms, including:
`“execution component” (asserting “‘execution component’ is a means-plus-
`function limitation under 35 U.S.C. §112, ¶6”); and “content mode”
`(asserting that for “‘content mode(s),’ ‘single content mode,’ and ‘two
`content modes’ each is construed as ‘user selectable element(s) displayed on
`a user interface that, when selected, allows the user to access the content
`organized therein’”). Pet. 15–29.
`Patent Owner does not dispute Petitioner’s proposed construction for
`“content mode” because “the Petition fails even if that construction is
`adopted.” Prelim. Resp. 15. Patent Owner disputes Petitioner’s proposed
`
`12
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`means-plus-function constructions for “execution component” because “the
`Petition misapplies the law for construing an alleged means-plus-function
`limitation.” Id.
`We determine we need not explicitly construe “execution component”
`and “content mode” at this stage of the proceeding. See Nidec Motor Corp.
`v. Zhongshan Broad Ocean Motor Co. Matal, 868 F.3d 1013, 1017 (Fed.
`Cir. 2017) (“we need only construe terms ‘that are in controversy, and only
`to the extent necessary to resolve the controversy’” (quoting Vivid Techs.,
`Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir. 1999))).
`We determine, however, that construction is necessary for “plurality
`of views of a plurality of visual representations of computer content” (as
`recited in claim 1, and, similarly, in the other challenged claims of the ’715
`patent). For brevity, we refer to this recitation as the “views recitation.” With
`respect to the views recitation, the ’715 patent provides that “different views
`present different organizations of the interface elements” and “organize
`modes of content.” Ex. 1001, 2:54–56, 3:26–28. For example, the ’715
`patent describes the different views as presenting different organizations of
`interface elements as follows:
`Different views of the modes of content are used to present the
`user with an interface that is responsive to configurations of the
`device and responsive to activity being performed by the user.
`Further the elements that comprise the graphical user interface
`are configured to present a summarized view of available actions
`and content, in order to simplify user interaction. The different
`views present different organizations of the interface elements
`and in some example display only certain ones of the modes of
`content in order to reduce the number of options a user must
`navigate to accomplish an objective.
`. . .
`
`
`13
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`The user interface comprises a map based graphical user
`interface displayed on the computer system, the map based user
`interface comprising a plurality of views of a plurality of visual
`representations of computer content, wherein the computer
`content includes at least one of selectable digital content,
`selectable computer operations and passive digital content, and
`the plurality of visual representations of computer content
`rendered on the computer display, wherein the plurality of visual
`representations of computer content include an association to a
`first view of the plurality of views, the first view including the
`computer content, and wherein the each of the plurality of visual
`representations is responsive to focus and execution, wherein
`execution includes clicking on the visual representation, and an
`execution component comprising at least one computer hardware
`element configured to transition the computer system display
`between the plurality of views, wherein the execution component
`further comprises a view selector component configured to select
`one of the plurality of views for display on a computer system in
`response to a computer system configuration. . . .
`According to one aspect of the present invention, the
`plurality of views are configured to organize modes of content
`into different views.
`Id. at 2:45–3:28.
`
`The entirety of the ’715 patent is consistent with the description
`above. As we explain in the summary of the ’715 patent provided in Section
`II.B, supra, the purpose of the ’715 patent is to better organize “more and
`more features” provided by “feature packing,” so that the typical computer
`user can better take advantage of features offered. Id. at 1:40–2:44. The ’715
`patent explains that “different views [that] present different organizations of
`the interface elements and in some example[s] display only certain ones of
`the modes of content in order to reduce the number of options a user must
`navigate to accomplish an objective.” Id. at 2:45–58.
`
`14
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`As Patent Owner explains, the ’715 patent discusses views
`extensively. See, e.g., Prelim. Resp. 29–33 (providing numerous citations to
`the ’715 patent. In particular, the ’715 patent describes many examples of
`views that each organize content in a different way. See, e.g., id. at Figs. 2
`(home view), 3A (web page view), 5 (quick access view), 6 (bookmark
`view), 20A (channel page view), 21 (channel full view), 23 (channel view);
`see also id. at 12:48–15:15 (summarizing the ’715 patent’s figures). We
`agree with Patent Owner that, when discussing views, the ’715 patent
`consistently refers to different ways of organizing content. Prelim. Resp. 29–
`33.
`Although not a focus of the ’715 patent, the ’715 patent also describes
`
`how the orientation of displayed content may be changed to ensure it is
`right-side up. The ’715 patent explains that changing the visual display may
`be rotated when the computer’s configuration is changed as follows:
`According to one embodiment, when the portable computer 100
`is configured into the easel mode, the visual display on the
`display screen 110 is automatically rotated 180 degrees such that
`the information appears “right-way-up,” even though the display
`screen is upside-down compared to when the portable computer
`is in laptop mode. Thus, a user may simply “flip” the portable
`computer 100 into the easel mode and immediately be able to
`comfortably view information on the display screen 110, without
`having to access display screen controls to adjust the orientation
`of the visual display.
`Ex. 1001, 20:10–24. The ’715 patent further explains how the computer may
`incorporate sensors to allow automatic adjustment of the display’s
`orientation. Id. at 20:24–38; see also id. at 23:59–24:1 (explaining change in
`orientation). The ’715 patent, however, never refers to merely changing the
`
`15
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`visual display’s orientation as changing views of a plurality of visual
`representations of computer content.
`Based on the analysis above and the record before us, and for
`purposes of this Decision, we construe the claim recitation “plurality of
`views of a plurality of visual representations of computer content” (and
`similar recitations) as referring to a plurality of ways of organizing visual
`representations of computer content. The recitation is distinct from merely
`providing a plurality of ways of displaying content (by, for example,
`changing display orientation, color, resolution, etc.).
`C. Ground One: Obviousness Based on Shimura and Tsuji
`All grounds rely on Shimura and Tsuji. We provide an overview of
`Shimura and Tsuji before we address the parties’ contentions.
`Overview of Shimura (Exs. 1003 and 1004)
`1.
`Shimura is a Japanese patent application publication (Ex. 1003) for
`which Petitioner has provided a certified English translation (Ex. 1004).
`Shimura relates to a personal computer “which can adopt a mode suitable for
`a user environment centered on a pen input operation and a mouse input
`operation while retaining a mode which can use a keyboard.” Ex. 1004, code
`[57]. Figure 1 of Shimura, reproduced below, illustrates an example of the
`personal computer. Id.
`
`16
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`
`Figure 1 illustrates a personal computer. Id.
`
`As shown in Figure 1, the personal computer includes main part 101
`provided with keyboard 104 on the front, cover part 102 provided with
`display 105 on the front, and coupling mechanism 103 used to couple one
`end of main part 101 and one end of cover part 102 with display 105 such
`that cover part 102 faces main part 101, and coupling mechanism 103
`enables the opening and closing of computer parts 101 and 102. Id. Coupling
`mechanism 103 is structured so that it can also open cover part 102 so that
`the orientation of cover part 102 exceeds 180° relative to main part 101. Id.
`Figures 4 and 5 of Shimura, reproduced below, show inclined views of the
`personal computer, with main part 101 rotated nearly 360° with respect to
`cover part 102 (Figure 4), and main part 101 and cover part 102 opened to
`an angle of approximately 340° (Figure 5). Id. ¶¶ 16–17, Figs. 4 and 5.
`
`17
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`Figures 4 and 5 show inclined views of the personal computer in which main
`part 101 has been rotated by more than 180° with respect to cover part 102.
`Id. ¶¶ 6–7, 12, 16–17.
`
`Coupling mechanism 103 enables the rotation of cover part 102 with
`respect to main part 101. Id. ¶¶ 12–13. Coupling mechanism 103 is fastened
`by hinges to main part 101 and cover part 102. Id. ¶ 12. A display reverse
`switch 106 enables display 105 to be switched upside down. Id. ¶¶ 12, 17. A
`user may place display reverse switch 106 in a normal state and a reverse
`state. Id. ¶ 12. For example, a user may set display reverse switch 106 to a
`normal mode so that the display orientation of display 105 has orientation
`120 (as shown in Figure 1). Id. ¶ 12. A user may also set display reverse
`switch 106 to a reverse mode so that a display orientation of display 105 has
`
`18
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`orientation 121 (e.g., upside down, as shown in Figure 5). Id. ¶¶ 12, 17.
`Display control circuit 107 of the personal computer controls the output to
`display 105 by controlling a computer circuit stored in main part 101. Id.
`¶ 12. Display control circuit 107 turns the display upside down (to
`orientation 121) based on the state of display reverse switch 106. Id.
`Overview of Tsuji (Ex. 1005)
`2.
`Tsuji is a US patent application publication that relates to a portable
`computer including: a housing with a top surface; a keyboard placed on the
`top surface of the housing; a display unit with a front surface and a rear
`surface, supported by the housing and “rotated between a closed position in
`which the keyboard is covered and an open position in which the keyboard is
`exposed”; a sensor which senses an angle formed between the front surface
`of the display unit and the top surface of the housing; and a display device in
`the display unit to display a screen image in one of “a first orientation in
`which a bottom-end portion of the screen image is located toward the
`housing and a second orientation in which a top-end portion of the screen
`image is located toward the housing in accordance with the angle sensed by
`the sensor.” Ex. 1005 ¶¶ 3, 10. Tsuji’s Figures 1, 2, and 5, reproduced
`below, illustrate the portable computer with its display in various positions.
`Id. ¶¶ 13–15.
`
`19
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`Figure 1 illustrates a portable computer including display unit 12 that can
`rotate around first central axis 15a that extends in parallel to the outer
`surface of computer main body 11, and can also rotate around second central
`axis 15b perpendicular to first central axis 15a. Id. ¶¶ 13, 31–33.
`
`
`
`
`20
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`Figure 2 illustrates the portable computer with display unit 12 rotated around
`second central axis 15b, display unit 12 rotatable 360° around second central
`axis 15b in the horizontal direction with respect to the outer surface of
`computer main body 11. Id. ¶¶ 14, 33.
`
`
`
`Figure 5 illustrates the portable computer with display unit 12 set to a PDA
`style by rotating the display unit 180° around second central axis 15b in a
`horizontal direction so that the display unit is accessible in a second open
`position. Id. ¶¶ 17, 33–34.
`
`Figure 14 of Tsuji, reproduced below, illustrates a control operation
`for an automatic image rotating function performed by the portable
`computer shown in Figure 1. Id. ¶ 26.
`
`21
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`
`
`
`Figure 14 illustrates a control operation for an automatic image rotating
`function performed by the portable computer shown in Figure 1. Id. ¶ 26.
`
` BIOS (Basic Input Output System) program 301 shown in Figure
`14 acquires values from a sensing switch, a rotation angle sensor, and a
`gravity sensor to determine whether the portable computer is used in a PC
`style (as shown in Figure 1, reproduced above) or in a PDA style (as shown
`in Figure 5). Id. ¶¶ 34, 64, 69–71. When the computer is used in PC style,
`BIOS 301 performs control to change the orientation of a screen image in
`response to a signal from rotation angle sensor 202. Id. ¶ 70. When the
`computer is used in PDA style, BIOS 301 performs control to change the
`orientation of a screen image in response to a signal from gravity sensor 203.
`Id. BIOS 301 then informs display driver 303 of the orientation of the screen
`image to be displayed on the computer’s LCD and the aspect ratio of the
`screen image, and display driver 303 performs an operation for rotating the
`
` A
`
`22
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`screen image displayed on the computer’s LCD and a scaling operation for
`varying the aspect ratio in response to an instruction from BIOS 301. Id.
`Display driver 303 then sets the orientation of the screen image displayed on
`the LCD in one of four orientations (a), (b), (c) and (d). Id. ¶ 71.
`Discussion
`3.
`Based on the present record, Petitioner does not demonstrate a
`reasonable likelihood of showing the combination of Shimura and Tsuji
`(ground 1) would have rendered obvious the subject matter of challenged
`claims 1 and 20. Pet. 42–62. Petitioner also does not demonstrate a
`reasonable likelihood of showing the subject matter of the challenged claims
`would have been obvious over the combination of references Petitioner
`applies for ground 2. Id. at 62–102.
`Claim 1 recites, inter alia, a “graphical user interface” configured to
`“display a plurality of views of a plurality of visual representations of
`computer content, wherein the computer content includes at least one of
`selectable digital content, selectable computer operations and passive digital
`content” (limitation [1c]), and an “execution component” configured to
`“select one of the plurality of views for display on the computer system in
`response to the detected current computer system configuration [as
`determined by the keyboard being operable or inoperable to receive input
`from the computer’s operator]” and “transition the display component to the
`selected one of the plurality of views” (limitation [1f]). Ex. 1001, 71:1–24.
`Petitioner contends Shimura’s display 105 teaches the claimed
`“graphical user interface.” Pet. 53–54 (citing Ex. 1004, Fig. 1; Ex. 1007
`¶¶ 185–189). Petitioner further contends Shimura’s graphical user interface
`
`23
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`meets the views recitation because Shimura’s display 105 “displays content
`in either a normal or inverted view (i.e., rotated 180º),” where
`[t]he view depends on the state of display reversal switch
`106 inputted to display control circuit 107 inside the cover part
`102. . . . If the display reverse switch 106 is set to normal view,
`the display control circuit 107 causes the display screen 105 to
`display the content in normal view. . . . Similarly, if the display
`reverse switch 106 is set to reverse mode the content is displayed
`in an inverted view.
`A POSITA would have considered the Shimura-Tsuji
`Computer’s ability to display content in either a normal or
`inverted view to disclose [1c].
`
`Id. at 54–56 (citing Ex. 1004 ¶ 12, Fig. 1; Ex. 1007 ¶¶ 190–194). With
`respect to limitation [1f], Petitioner contends that a combined Shimura-Tsuji
`computer can select a view based on computer system configuration:
`[t]he Shimura-Tsuji Computer can determine the computer
`system configurations and “select[s] one of the plurality of views
`[e.g., normal and inverted views] for display on the computer
`system in response to the detected current computer system
`configuration” and transitions the display to that view.
`
`Id. at 59 (citing Ex. 1007 ¶¶ 203–206). For the claimed “execution
`component,” Petitioner also relies on Tsuji’s BIOS program 301 “that
`informs a display driver 303 . . . of the orientation of the image to be
`displayed,” and on Tsuji’s display driver 303 “which is controlled by the
`BIOS program 301, [and] performs the operation for rotating the image
`displayed on the LCD.” Id. at 59–60 (citing Ex. 1005 ¶¶ 68–74, Fig. 14;
`Ex. 1007 ¶ 205).
`Patent Owner argues that Petitioner has failed to meet its burden for
`claim 1 because the “Petition fails to properly construe ‘plurality of views,’
`which refers to a plurality of ways of organizing displayed content.” Prelim.
`
`24
`
`

`

`IPR2021-00786
`Patent 9,880,715 B2
`
`Resp. 24, 44–45. Patent Owner’s argument is persuasive for the reasons
`explained below.
`As Patent Owner argues, the Petition relies only on different
`orientations (such as a “normal view” and an “inverted view”) of a single
`organization of displayed content, to meet claim 1’s views recitation. Id. at
`24–25. For example, Patent Owner points out that the Petition considers
`Shimura’s display of the word “PATENT” right-side-up (normal view) and
`upside-down (inverted) as meeting the recited “plurality of vie