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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
`
`v.
`
`SOLAS OLED LTD.
`Patent Owner.
`
`
`
`
`DECLARATION OF DR. BENJAMIN B. BEDERSON IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,526,767
`
`
`
`Petitioner Samsung Ex-1002, 0001
`
`

`

`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`
`TABLE OF CONTENTS
`
`
`
`Contents
`I.
`INTRODUCTION ........................................................................................... 1
`BACKGROUND AND QUALIFICATIONS ................................................. 1
`II.
`INFORMATION CONSIDERED ................................................................. 12
`III.
`IV. RELEVANT LEGAL STANDARDS ........................................................... 13
`A.
`Claim Interpretation ............................................................................ 13
`B.
`Perspective of One of Ordinary Skill in the Art .................................. 13
`C.
`Obviousness ......................................................................................... 14
`LEVEL OF ORDINARY SKILL IN THE ART ........................................... 17
`V.
`VI. SUMMARY OF MY OPINIONS ................................................................. 18
`VII. TECHNOLOGICAL BACKGROUND ........................................................ 18
`A.
`Single and Multi-Touch Sensors Were Well-Known And
`Widely Used In Electronic Devices At The Time Of The
`Alleged Invention ................................................................................ 19
`Recognizing Gestures with Finite State Machines Was Well-
`Known ................................................................................................. 23
`Software Engineering Principle of “Separation of Concerns”
`Was Well-Known ................................................................................ 30
`D. User Input Disambiguation ................................................................. 31
`VIII. THE ’767 PATENT AND ITS FILE HISTORY .......................................... 36
`IX. OVERVIEW OF THE APPLIED PRIOR ART REFERENCES ................. 41
`A.
`Baltierra (Ex-1005) .............................................................................. 41
`B.
`Katou (Ex-1006) .................................................................................. 43
`C. Warren (Ex-1007) ................................................................................ 44
`-i-
`
`B.
`
`C.
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`Petitioner Samsung Ex-1002, 0002
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`D. Westerman (Ex-1008) ......................................................................... 46
`X. DETAILED EXPLANATION OF THE UNPATENTABILITY
`GROUNDS .................................................................................................... 48
`A.
`Claims 1 and 9-14 are rendered obvious by Baltierra alone
`(Ground 1) or Baltierra in view of Katou (Ground 2). ........................ 49
`1.
`A POSITA would have been motivated to combine the
`teachings of Baltierra and Katou, and would have had a
`reasonable expectation of success in doing so. ......................... 49
`Independent Claims 1 and 12-14 .............................................. 49
`2.
`Dependent Claims 9-11 ............................................................. 65
`3.
`Claims 2-8 are rendered obvious by Baltierra in view of Katou
`and Warren (Ground 3) ....................................................................... 67
`1.
`A POSITA would have been motivated to combine the
`teachings of Baltierra with Katou and Warren, and would
`have had a reasonable expectation of success in doing so........ 67
`Dependent Claims 2-8 ............................................................... 69
`2.
`Claims 1 and 9-14 are rendered obvious by Westerman alone
`(Ground 4) or Westerman in view of Katou (Ground 5). ................... 76
`1.
`A POSITA would have been motivated to combine the
`teachings of Westerman and Katou, and would have had
`a reasonable expectation of success in doing so. ...................... 76
`Independent Claims 1 and 12-14 .............................................. 77
`2.
`Dependent Claims 9-11 ............................................................. 88
`3.
`Claims 2-8 are rendered obvious by Westerman in view of
`Katou and Warren (Ground 6) ............................................................ 90
`1.
`A POSITA would have been motivated to combine the
`teachings of Westerman with Katou and Warren, and
`would have had a reasonable expectation of success in
`doing so. .................................................................................... 90
`-ii-
`
`
`D.
`
`B.
`
`C.
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`Petitioner Samsung Ex-1002, 0003
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`Dependent Claims 2-8 ............................................................... 92
`2.
`XI. CONCLUSION .............................................................................................. 99
`
`
`
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`
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`-iii-
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`Petitioner Samsung Ex-1002, 0004
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`I, Dr. Benjamin B. Bederson, declare as follows:
`
`1.
`
`I.
`
`INTRODUCTION
`2.
`I have been retained by Samsung Electronics Co., Ltd. and Samsung
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`Electronics America, Inc. (collectively, “Samsung” or “Petitioner”) as an
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`independent expert consultant in this inter partes review (“IPR”) proceeding
`
`before the United States Patent and Trademark Office (“PTO”).
`
`3.
`
`I have been asked by Samsung Counsel (“Counsel”) to consider
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`whether certain references disclose, teach and/or suggest the features recited in
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`Claims 1-14 of U.S. Patent No. 8,526,767 (“the ’767 Patent”) (Ex-1001)1. My
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`opinions and the bases for my opinions are set forth below.
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`4.
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`I am being compensated at my ordinary and customary consulting rate
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`for my work, which is $600 per hour. My compensation is in no way contingent on
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`the nature of my findings, the presentation of my findings in testimony, or the
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`outcome of this or any other proceeding. I have no other financial interest in this
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`proceeding.
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`II. BACKGROUND AND QUALIFICATIONS
`5.
`All of my opinions stated in this Declaration are based on my own
`
`personal knowledge and professional judgment. In forming my opinions, I have
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`
`
` 1
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` Where appropriate, I refer to exhibits that I understand are attached to the petition
`for IPR of the ’767 Patent.
`
`1
`
`
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`Petitioner Samsung Ex-1002, 0005
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`relied on my knowledge and experience in designing, developing, researching, and
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`teaching the technology referenced in this Declaration.
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`6.
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`I am over 18 years of age and, if I am called upon to do so, I would be
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`competent to testify as to the matters set forth herein. I understand that a copy of
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`my current curriculum vitae, which details my education and professional and
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`academic experience, is being submitted as Ex-1003. The following provides a
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`brief overview of some of my experience that is relevant to the matters set forth in
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`this Declaration.
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`7.
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`I am currently Professor Emeritus of Computer Science at the
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`University of Maryland (“UMD”). From 2014 to 2018, I was the Associate Provost
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`of Learning Initiatives and Executive Director of the Teaching and Learning
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`Transformation Center at the UMD. I am a member and previous director of the
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`Human-Computer Interaction Lab (“HCIL”), the oldest and one of the best known
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`Human-Computer Interaction (“HCI”) research groups in the country. I was also
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`co-founder and Chief Scientist of Zumobi, Inc. from 2006 to 2014, a Seattle-based
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`startup that is a publisher of content applications and advertising platforms for
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`smartphones. I am also co-founder and co-director of the International Children’s
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`Digital Library (“ICDL”), a web site launched in 2002 that provides the world’s
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`largest collection of freely available online children’s books from around the world
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`at www.childrenslibrary.org with an interface aimed to make it easy for children
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`2
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`
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`Petitioner Samsung Ex-1002, 0006
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`and adults to search and read children’s books online. I am also cofounder and
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`prior Chief Technology Officer of Hazel Analytics, a data analytics company to
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`improve food safety and better public health whose product sends alerts in
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`warranted circumstances. In addition, I have for more than 15 years consulted for
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`numerous companies in the area of user interfaces, including Microsoft, Logitech,
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`the Palo Alto Research Center, Sony, Lockheed Martin, Hillcrest Labs, and NASA
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`Goddard Space Flight Center.
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`8.
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`The devices and methods claimed in the ’767 Patent generally relate
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`to user interface technology for electronic devices. For more than 30 years, I have
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`studied, designed, and worked in the field of computer science and HCI. My
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`experience includes 30 years of teaching and research, with research interests in
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`HCI and the software and technology underlying today’s interactive computing
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`systems. This includes the design and implementation of hardware and software
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`systems including the use of gesture recognition using capacitive and other
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`sensors, and interactive applications on a range of devices, including embedded
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`systems, controllers, smart phones and PDAs.
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`9.
`
`At UMD, I am focused primarily on the area of HCI, a field that
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`relates to the development and understanding of computing systems to serve users’
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`needs. Researchers and practitioners in this field are focused on making universally
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`usable, useful, efficient, and appealing systems to support people in their wide
`
`3
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`
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`Petitioner Samsung Ex-1002, 0007
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`range of activities. My approach is to balance the development of innovative
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`technology that serves people’s practical needs. Example systems following this
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`approach that I have built include Cortex-I (1992 embedded computer vision
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`system that sensed licensed plates with custom motor, camera and controller),
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`Audio Augmented Reality (1995 embedded system for sensing a user’s location
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`and playing audio suited to that location), Fisheye Menus (2000 software for
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`sensing movement within and selection of linear list of items in a menu),
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`PhotoMesa (2001 software for end users to browse personal photos), DateLens
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`(2002 software for end users to use their mobile devices to efficiently access their
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`calendar information), SlideBar (2005 linear sensor to control scrolling),
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`LaunchTile (2005 “home screen” software for mobile devices to allow users to
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`navigate apps in a zoomable environment), SpaceTree (2001 software for end users
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`to efficiently browse very large hierarchies), ICDL (as described above), and
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`StoryKit (a 2009 iPhone app for children to create stories).
`
`10. Throughout the 1990s and 2000s, I worked on a range of “zoomable
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`user interfaces,” which are systems that support the multi-scale and spatial
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`organization of and magnification-based navigation among multiple documents or
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`visual objects. I built several different “ZUI” systems over the years, including
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`Pad++, Jazz and Piccolo. In those systems, I used a range of solutions to allow
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`users to control zooming through the information space. The most common
`
`4
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`
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`Petitioner Samsung Ex-1002, 0008
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`approach for systems with 3 button mice was to use the middle button for zooming
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`in and the right button for zooming out. The user would hold the button down, and
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`the system would smoothly animate zooming in or out – so that the user controlled
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`how much the system zoomed based on the duration that the button was pressed.2
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`11.
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`In 1995 and 1996, I supervised graduate student David Rogers and
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`other students in the development of a user interface approach that allowed a user
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`to use a gesture to “toss” an object across long distances on their screen with their
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`mouse. Motivated by increasingly large computer screens, we recognized a need to
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`help users move items long distances without necessarily having to drag the item
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`that entire distance manually. Instead, we calculated the speed and direction that
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`the user dragged an object with their mouse. When a user released the mouse
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`button, if the speed was greater than a threshold, our code calculated the path of
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`where to animate the object based on several factors including the speed and
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`direction of the mouse at the time of mouse button release. The figure below from
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`a paper we wrote in 1996 shows the path of a tossed object. This resulted in David
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`Rogers’s masters thesis in 1995 and a paper that we submitted to the 1996
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`
`
`
`
` 2
`
` Benjamin B. Bederson & James D. Hollan, Pad++: A Zooming Graphical
`Interface for Exploring Alternate Interface Physics, UIST ‘94 Proceedings of the
`7th Annual ACM Symposium on User Interface Software and Technology 17
`(1994), DOI: http://dx.doi.org/10.1145/192426.192435 (Ex-1024).
`5
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`Petitioner Samsung Ex-1002, 0009
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`

`

`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`Conference on Human Factors in Computing Systems (CHI 1996)3.
`
`Exemplar Figure of Tossing4.
`
`12.
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`In 1999 and 2000, I worked on a mechanism to address the challenge
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`that users faced when selecting one item from a long menu. As I described in a
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`
`
`
`
` 3
`
` David Rogers et al., Tossing Objects in a Desktop Environment, submitted to
`Conference on Human Factors in Computing Systems (1996) (Ex-1025).
`4 David Rogers et al., Exemplar Figure of Tossing from Tossing Objects in a
`Desktop Environment, submitted to Conference on Human Factors in Computing
`Systems (1996) (Ex-1026).
`
`6
`
`
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`Petitioner Samsung Ex-1002, 0010
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`paper entitled “Fisheye Menus” that I published in the 2000 Proceedings of the
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`ACM symposium on User Interface Software and Technology,5 existing techniques
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`typically involved lengthy and slow scrolling techniques. I created an alternative
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`solution that fit all of the elements onto a single screen thereby completely
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`eliminating the need to scroll. This approach used the concept of “fisheye
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`distortion” to shrink some of the elements, while keeping the elements that are
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`under the cursor to be full size so the user could easily see and select them. This
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`approach monitored where the user moved the mouse pointer within the menu. If
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`the mouse pointer moved on the left side of the menu, it changed the focus of the
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`menu. If the mouse pointer moved on the right side of the menu, it locked the focus
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`of the menu and expanded the number of large menu items around the mouse
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`pointer. Magnifying menu items around the user’s interaction like this, as depicted
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`in the figure below and described further at Ex-1027, was later used in a number of
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`commercial products such as the Apple MacOS Dock.
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`
`
` 5
`
` Benjamin B. Bederson, Fisheye Menus, UIST ‘00 Proceedings of ACM
`Conference on User Interface Software and Technology 217 (2000), DOI:
`10.1145/354401.354782 (Ex-1027).
`
`7
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`Petitioner Samsung Ex-1002, 0011
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`
`Ex-1027, Figure 2.
`
`
`
`13.
`
`In April 2000, I visited Professors Wayne Westerman and John Elias
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`at the University of Delaware and gave a talk entitled “Zoomable User Interfaces
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`and Single Display Groupware.” This resulted in a collaboration with Professor
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`Westerman, graduate student Hilary Browne, and others where we used their
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`FingerWorks capacitive Multi-Touch Surface as the input device for a multi-touch
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`finger painting program for children. The project used this input device to support
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`a computer painting program that allowed children to paint with multiple fingers at
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`the same time by directly touching the sensing surface. In contrast to the mouse
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`input more typically used in this time period, this approach enabled us to create a
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`8
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`Petitioner Samsung Ex-1002, 0012
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`more natural interaction environment by using a multi-finger gesture to paint
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`multiple lines at the same time in different colors. This work, depicted in the figure
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`below, was published in a September 2000 technical report.6
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`Ex-1028, Figure 1.
`
`
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`14. LaunchTile led to my creation of Zumobi in 2006, where I was
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`responsible for investigating new software platforms and developing new user
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`interface designs that provide efficient and engaging interfaces to permit end users
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`to access a wide range of content on mobile platforms (including the iPhone and
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`Android-based devices). For example, I designed and implemented software called
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`“Ziibii,” a “river” of news for iPhone that used a capacitive sensor for controlling
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`
`
`
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` 6
`
` Hilary Browne et al., Designing a Collaborative Finger Painting Application for
`Children, HCIL-2000-17, CS-TR-4184, UMIACS-TR-2000-66 (Sept. 2000),
`available at https://hcil.umd.edu/pub-perm-link/?id=2000-17 (Ex-1028).
`9
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`Petitioner Samsung Ex-1002, 0013
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`linear movement through news, software called “ZoomCanvas,” a zoomable user
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`interface for several iPhone apps, and iPhone apps including “Inside Xbox” for
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`Microsoft and Snow Report for REI.
`
`15. At the ICDL, I have since 2002 been the technical director responsible
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`for the design and implementation of the web site, www.childrenslibrary.org
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`(originally at www.icdlbooks.org). In particular, I have been closely involved in
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`designing the user interface as well as the software architecture for the web site
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`since its inception in 2002. Beginning in the mid-1990s, I have been responsible
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`for the design and implementation of numerous other web sites in addition to the
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`ICDL. For example, I designed and built my own professional web site when I was
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`an Assistant Professor of Computer Science at the University of New Mexico in
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`1995 and have continued to design, write the code for, and update both that site
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`(which I moved to the UMD in 1998, currently at
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`http://www.cs.umd.edu/~bederson/) as well as numerous project web sites, such as
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`Pad++, http://www.cs.umd.edu/hcil/pad++/.
`
`16.
`
`I received the Janet Fabri Memorial Award for Outstanding Doctoral
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`Dissertation for my Ph.D. work in robotics and computer vision. My work has
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`been published extensively in more than 160 technical publications, and I have
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`given about 100 invited talks, including 9 keynote lectures. I have won a number
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`of awards including the Brian Shackel Award for “outstanding contribution with
`
`10
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`Petitioner Samsung Ex-1002, 0014
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`international impact in the field of HCI” in 2007, and the Social Impact Award in
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`2010 from the Association for Computing Machinery’s (“ACM”) Special Interest
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`Group on Computer Human Interaction (“SIGCHI”). ACM is the primary
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`international professional community of computer scientists, and SIGCHI is the
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`primary international professional HCI community. I have been honored by both
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`professional organizations. I am an “ACM Distinguished Scientist,” which
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`“recognizes those ACM members with at least 15 years of professional experience
`
`and 5 years of continuous Professional Membership who have achieved significant
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`accomplishments or have made a significant impact on the computing field.” I am
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`a member of the “CHI Academy,” which is described as follows: “The CHI
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`Academy is an honorary group of individuals who have made substantial
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`contributions to the field of HCI. These are the principal leaders of the field, whose
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`efforts have shaped the disciplines and/or industry, and led the research and/or
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`innovation in human-computer interaction.” The criteria for election to the CHI
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`Academy are: (1) cumulative contributions to the field; (2) impact on the field
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`through development of new research directions and/or innovations; and (3)
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`influence on the work of others.
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`17.
`
`I have appeared on radio shows numerous times to discuss issues
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`relating to user interface design and people’s use and frustration with common
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`technologies, web sites, and mobile devices. My work has been discussed and I
`
`11
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`Petitioner Samsung Ex-1002, 0015
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`have been quoted by mainstream media around the world over 120 times, including
`
`by the New York Times, the Wall Street Journal, the Washington Post, Newsweek,
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`the Seattle Post Intelligencer, the Independent, Le Monde, NPR’s All Things
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`Considered, New Scientist Magazine, and MIT’s Technology Review.
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`18.
`
`I have designed, programmed, and publicly deployed dozens of user-
`
`facing software products that have cumulatively had millions of users. My work is
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`cited by several major companies, including Amazon, Apple, Facebook, Google,
`
`and Microsoft. I am a named inventor on 12 U.S. patents and 18 U.S. patent
`
`applications. The patents are generally directed to user interfaces/experience.
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`19.
`
`I received a B.S. degree in Computer Science with a minor in
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`Electrical Engineering in 1986 from the Rensselaer Polytechnic Institute. I
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`received M.S. and Ph.D. degrees in Computer Science in 1989 and 1992, both
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`from New York University.
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`III.
`
`INFORMATION CONSIDERED
`20.
`In preparation for this Declaration, I have considered the materials
`
`discussed in this Declaration, including, for example, the ’767 Patent, the
`
`references cited by the ’767 Patent, the prosecution history of the ’767 Patent and
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`provisional application from which it derives (including the references cited
`
`therein), various background articles and materials referenced in this Declaration,
`
`and the prior art references identified in this Declaration. In addition, my opinions
`
`12
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`Petitioner Samsung Ex-1002, 0016
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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`are further based on my education, training, experience, and knowledge in the
`
`relevant field.
`
`IV. RELEVANT LEGAL STANDARDS
`21.
`I am not an attorney and offer no legal opinions. For the purposes of
`
`this Declaration, I have been informed about certain aspects of the law that are
`
`relevant to my analysis, as summarized below.
`
`A. Claim Interpretation
`22.
`I have been informed and understand that in an IPR proceeding,
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`claims are to be interpreted according to the Phillips claim construction standard. I
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`have been informed and understand that claim construction is a matter of law and
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`that the final claim constructions for this proceeding will be determined by the
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`Patent Trial and Appeal Board (“PTAB”).
`
`23. To resolve the particular grounds presented in this Petition I do not
`
`believe any term requires explicit construction.
`
`B.
`24.
`
`Perspective of One of Ordinary Skill in the Art
`I have been informed and understand that a patent is to be understood
`
`from the perspective of a hypothetical “person of ordinary skill in the art”
`
`(“POSITA”). Such an individual is considered to possess normal skills and
`
`knowledge in a particular technical field (as opposed to being a genius). I
`
`understand that in considering what the claims of a patent require, what was known
`
`13
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`Petitioner Samsung Ex-1002, 0017
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`

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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`prior to that patent, what a prior art reference discloses, and whether an invention
`
`is obvious or not, one must use the perspective of such a POSITA.
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`C. Obviousness
`25.
`I have been informed and understand that a patent claim is obvious
`
`under 35 U.S.C. §103, and therefore invalid, if the claimed subject matter, as a
`
`whole, would have been obvious to a POSITA as of the priority date of the patent
`
`based on one or more prior art references and/or the knowledge of a POSITA.
`
`26.
`
`I understand that an obviousness analysis must consider (1) the scope
`
`and content of the prior art, (2) the differences between the claims and the prior art,
`
`(3) the level of ordinary skill in the pertinent art, and (4) secondary considerations,
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`if any, of non-obviousness (such as unexpected results, commercial success, long-
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`felt but unmet need, failure of others, copying by others, and skepticism of
`
`experts).
`
`27.
`
`I understand that a prior art reference may be combined with other
`
`references to disclose each element of the invention under 35 U.S.C. § 103. I
`
`understand that a reference may also be combined with the knowledge of a
`
`POSITA, and that this knowledge may be used to combine multiple references. I
`
`further understand that a POSITA is presumed to know the relevant prior art. I
`
`understand that the obviousness analysis may take into account the inferences and
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`creative steps that a POSITA would employ.
`
`14
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`Petitioner Samsung Ex-1002, 0018
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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`In determining whether a prior art reference would have been
`
`28.
`
`combined with other prior art or other information known to a POSITA, I
`
`understand that the following principles may be considered:
`
`a. whether the references to be combined involve non-analogous art;
`
`b. whether the references to be combined are in different fields of
`
`endeavor than the alleged invention in the Patent;
`
`c. whether the references to be combined are reasonably pertinent to the
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`problems to which the inventions of the Patent are directed;
`
`d. whether the combination is of familiar elements according to known
`
`methods that yields predictable results;
`
`e. whether a combination involves the substitution of one known
`
`element for another that yields predictable results;
`
`f. whether the combination involves the use of a known technique to
`
`improve similar items or methods in the same way that yields
`
`predictable results;
`
`g. whether the combination involves the application of a known
`
`technique to a prior art reference that is ready for improvement, to
`
`yield predictable results;
`
`h. whether the combination is “obvious to try”;
`
`i. whether the combination involves the known work in one field of
`
`15
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`Petitioner Samsung Ex-1002, 0019
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`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`endeavor prompting variations of it for use in either the same field or
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`a different one based on design incentives or other market forces,
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`where the variations are predictable to a POSITA;
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`j. whether there is some teaching, suggestion, or motivation in the prior
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`art that would have led one of ordinary skill in the art to modify the
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`prior art reference or to combine prior art reference teachings to
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`arrive at the claimed invention;
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`k. whether the combination requires modifications that render the prior
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`art unsatisfactory for its intended use;
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`l. whether the combination requires modifications that change the
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`principle of operation of the reference;
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`m. whether the combination is reasonably expected to be a success; and
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`n. whether the combination possesses the requisite degree of
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`predictability at the time the invention was made.
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`29.
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`I understand that in determining whether a combination of prior art
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`references renders a claim obvious, it is helpful to consider whether there is some
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`teaching, suggestion, or motivation to combine the references and a reasonable
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`expectation of success in doing so. I understand, however, that a teaching,
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`suggestion, or motivation to combine is not required.
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`16
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`Petitioner Samsung Ex-1002, 0020
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`

`

`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`V. LEVEL OF ORDINARY SKILL IN THE ART
`30.
`I am familiar with the level of ordinary skill in the art with respect to
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`the ’767 Patent around its filing date. Based on my experience working, teaching,
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`and conducting research in the relevant field, and based on my review of the ’767
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`Patent specification, claims, file history, and prior art, I believe one of ordinary
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`skill in the art around the time of the alleged invention of the ’767 Patent would
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`have been someone with at least a bachelor’s degree in electrical engineering,
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`computer engineering, computer science, or a related field, plus at least two years
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`of experience in the research, design, development, and/or testing of touch and/or
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`proximity sensors, human-machine interaction and interfaces, and related firmware
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`and software, or the equivalent, with additional education substituting for
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`experience and vice versa.
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`31.
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`In determining the level of ordinary skill in the art, I considered, for
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`example, the type of problems encountered in the art, prior art solutions to those
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`problems, the rapidity with which innovations are made, the sophistication of the
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`technology, and the educational level of active workers in the field.
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`32.
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`I met the definition of a POSITA in 2008. I also had greater
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`knowledge and experience than a POSITA. In my work as a professor and
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`entrepreneur, I worked with graduate students and others who had the knowledge
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`and experience of a POSITA in 2008, and I am able to render opinions from the
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`17
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`Petitioner Samsung Ex-1002, 0021
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`

`

`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`perspective of a POSITA based on my knowledge and experience. My opinions
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`concerning the ’767 Patent claims and the prior art are from the perspective of a
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`POSITA, as set forth above.
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`VI. SUMMARY OF MY OPINIONS
`33.
`I have been asked to consider whether the claims of the ’767 Patent
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`are obvious over certain prior art references. As explained below in detail in this
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`Declaration, it is my opinion that:
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`(1) Claims 1 and 9-14 are rendered obvious by U.S. Patent Publication No.
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`2009/0284478 (“Baltierra”) alone or Baltierra in view of JP Patent
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`Publication No. H09-231004 (“Katou”);
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`(2) Claims 2-8 are rendered obvious by Baltierra in view of Katou and U.S.
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`Patent Publication No. 2007/0176906 (“Warren”);
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`(3) Claims 1 and 9-14 are rendered obvious by U.S. Patent Publication No.
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`2008/0036743 (“Westerman”) alone or Westerman in view of Katou; and
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`(4) Claims 2-8 are rendered obvious by Westerman in view of Katou and
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`Warren.
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`VII. TECHNOLOGICAL BACKGROUND
`34. The ’767 Patent is directed to well-known apparatuses and methods
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`for recognizing “complex gesture combinations, in particular those that arise in
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`multitouch.” Ex-1001, 13:64-67.
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`18
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`Petitioner Samsung Ex-1002, 0022
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`

`

`Declaration of Dr. Benjamin B. Bederson
`U.S. Patent No. 8,526,767
`35. To provide background for the element-by-element analysis of the
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`claims to follow, I present an overview of some of the relevant state of the art
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`existing as of the time of the alleged invention relating to the use of touch sensor
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`technology and gestures in user interfaces for electronic devices. As I will describe
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`below, all of these technologies and techniques for interpreting single and multi-
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`touch gestures using a touch sensor were well-known to those of ordinary skill in
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`the art at the time of the alleged invention claimed in the ’767 Patent, and a
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`POSITA would have readily understood the combination of elements of Claims 1-
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`14 to have been obvious.
`
`A.
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`Single and Multi-Touch Sensors Were Well-Known And Widely
`Used In Electronic Devices At The Time Of The Alleged Invention
`36. Touch sensors were well-known and widely deployed in electronic
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`devices well before the alleged invention claimed in the ’767 Patent as
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`demonstrated by its disclosure in prior art references, as well as its utilization in
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`commercial devices. The ’767 Patent admits that, at the time of filing, “1D and 2D
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`capacitive and resistive touch sensors had been in widespread use for many years.”
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`Ex-1001, 1:23-24. Moreover, the patent admits that, “[e]xamples include the
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`screens of personal digital assistants (PDAs), MP3 audio player controls, mobile
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`phone keypads and/or displays, and multimedia devices. The touchpad in notebook
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`computers provided in place of a mouse is another form of 2D capacitive touch
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`sensor. 2D sensors are also provided in many domestic appliances, so-called ‘white
`19
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`
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`Petitioner Samsung Ex-1002, 0023
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`

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`Declaration of Dr. Benjamin B. Beders