`IPR2022-00221
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` Declaration of Professor Glenn Reinman, Ph.D
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`v.
`MEMORYWEB, LLC
`Patent Owner
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`Patent No. 10,423,658
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`Inter Partes Review No. IPR2022-00221
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`DECLARATION OF PROFESSOR GLENN REINMAN, PH.D
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`Table of Contents
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`Page
`INTRODUCTION ........................................................................................... 1
`I.
`BACKGROUND AND QUALIFICATIONS ................................................. 1
`II.
`III. MATERIALS CONSIDERED ........................................................................ 7
`IV. LEGAL STANDARDS ................................................................................... 9
`A. Claim Construction .......................................................................................... 9
`B. Anticipation ................................................................................................... 10
`C. Obviousness ................................................................................................... 11
`D. Method Claims ............................................................................................... 14
`E. Dependent Claims .......................................................................................... 15
`V. OVERVIEW OF THE ‘658 PATENT .......................................................... 15
`VI. THE ‘658 PATENT’S EFFECTIVE FILING DATE ................................... 24
`VII. LEVEL OF SKILL IN THE ART ................................................................. 24
`VIII. SUMMARY OF PETITIONER’S REFERENCES ...................................... 25
`A. Okamura (Ex. 1005) ...................................................................................... 25
`1. Okamura’s Cluster Maps ..................................................................... 32
`B. Belitz (Ex. 1006) ............................................................................................ 49
`E. Yee (Ex. 1041) ............................................................................................... 54
`IX. CLAIM CONSTRUCTION .......................................................................... 56
`A. Claim 1: “application view” .......................................................................... 56
`B. Claims 3-4: “responsive to a click or tap of a first one of the displayed scaled
`replicas in the [first/second] location view, displaying a first digital
`photograph associated with the first scaled replica in the [first/second]
`location view and a [first/second] map image” ............................................. 61
`C. Claim 5: “responsive to a click or tap of the people selectable element,
`displaying a people view … the people view including: . . . a name
`associated with the first person … [and] a name associated with the second
`person” ........................................................................................................... 63
`D. Claims 7-12: “responsive to a click or tap of the [first/second] person
`selectable thumbnail image, displaying a [first/second] person view” ......... 71
`E. Claim 13: “displaying an album view” including “a first album name” and
`“a second album name” ................................................................................. 75
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`Table of Contents (continued)
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`Page
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`F. Claims 14-15: “responsive to a click or tap of the [first/second] album
`selectable thumbnail image, displaying a [first/second] album view” .......... 80
`X. NON-OBVIOUSNESS OPINIONS .............................................................. 83
`A. Claim 1 ........................................................................................................... 83
`1. Petitioner’s First Proposed Combination of Okamura-Belitz ............. 84
`a. A POSITA Would Not Have Been Motivated To Replace
`Okamura’s Cluster Maps With Images That Are Not Maps ......... 87
`b. Petitioner’s First Combination is Analogous to “Related Art”
`Discredited by Okamura ................................................................ 92
`c. Petitioner’s First Combination Also Conflicts with Belitz’s
`Objectives ....................................................................................... 96
`d. Petitioner’s Alleged “Motivations” Behind its First Combination 97
`e. Combining Okamura’s First and Second Embodiments ..............105
`2. Petitioner’s Second Proposed Okamura-Belitz Combination ...........106
`3. Petitioner’s Third Proposed Okamura-Belitz Combination ..............110
`4. Okamura Does Not Disclose an “Application View’ .......................113
`B. Claims 3-4: “responsive to a click or tap of a first one of the displayed scaled
`replicas in the [first/second] location view, displaying . . . a [first/second]
`map image” ..................................................................................................115
`C. Claim 5: Okamura does not disclose a “people view” including “a name
`associated with the first person” and “a name associated with the second
`person” .........................................................................................................117
`D. Claims 7 and 10: Okamura does not disclose “responsive to a click or tap of
`the [first/second] person selectable thumbnail image, displaying a
`[first/second] person view” ..........................................................................124
`E. Claims 9 and 12: Okamura does not disclose or render obvious “displaying a
`representation of all locations having a digital photograph or video
`associated with the [first/second] person “responsive to a click or tap of the
`[first/second]-person-location selectable element” .....................................135
`1. Alleged obviousness based on Okamura alone .................................139
`2. Alleged obviousness based on Okamura and Yee ............................147
`F. Claim 13: Okamura does not disclose “responsive to a click or tap of the
`album selectable element, displaying an album view, the displaying the
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`Table of Contents (continued)
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`album view including displaying . . . a first album name . . . [and] a second
`album name” ................................................................................................154
`G. Claims 14 and 15: Okamura does not disclose “responsive to a click or tap
`of the [first/second] album selectable thumbnail image, displaying a
`[first/second] album view” ..........................................................................159
`XI. CONCLUSION ............................................................................................162
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` Declaration of Professor Glenn Reinman, Ph.D
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`Patent No. 10,423,658
`IPR2022-00221
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`I, Glenn Reinman, declare as follows:
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`I. INTRODUCTION
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`I have been retained on behalf of MemoryWeb, LLC, (“MemoryWeb”
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`or “Patent Owner”) as an independent expert consultant to provide this declaration
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`concerning the technical subject matter relevant to the inter partes review (“IPR”)
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`petition of U.S. Patent No. 10,423,658 (“the ‘658 patent”) filed by Samsung
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`Electronics Co., Ltd. (“Petitioner” or “Samsung”).
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`I am being compensated at my standard hourly rate of $750 per hour
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`for the time I spend on this matter. My compensation is not related in any way to
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`the outcome of this proceeding, and I have no other interest in this proceeding.
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`In this declaration, I offer my expert opinion regarding the technical
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`subject matter of claims 1-15 (“the challenged claims”) of the ‘658 patent.
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`Specifically, I have considered whether claims 1-15 of the ‘658 patent are valid
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`under the obviousness standard of 35 U.S.C. § 103. The substance and bases of my
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`opinions appear below.
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`II. BACKGROUND AND QUALIFICATIONS
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`A copy of my curriculum vitae is appended hereto as Appendix A. I am
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`currently a professor of Computer Science, serving as vice chair of the Computer
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`Science department, at the University of California, Los Angeles (UCLA).
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` Declaration of Professor Glenn Reinman, Ph.D
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`I received a Bachelor of Science degree in Computer Science and
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`Engineering from the Massachusetts Institute of Technology (MIT) in June 1996. In
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`March 1999, I received a Master of Science degree in Computer Science from the
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`University of California at San Diego. I received my Doctor of Philosophy degree
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`in Computer Science from the University of California at San Diego in June 2001.
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`In 2001, I became an Assistant Professor at the University of California
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`in Los Angeles (UCLA) in the Department of Computer Science. In 2007, I was
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`promoted to the position of an Associate Professor, and in 2014, I became a Full
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`Professor. From 2016 through 2019, I was the Graduate Vice Chair of the Computer
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`Science department at UCLA, in charge of the Graduate Degree Program. Starting
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`in 2021, I became the Undergraduate Vice Chair of the Computer Science
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`department at UCLA, in charge of the Undergraduate Degree Program.
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`I teach subjects in computer science, such as computer systems
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`architecture, microprocessor design, microprocessor simulation, distributed and
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`parallel systems.
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`I began my career with summer internships at Intel Corporation and
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`Compaq (now HP) in 1998 and 1999, respectively. At Intel I researched issues such
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`as the viability of caching state from the branch predictor, the translation lookaside
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`buffer, and the branch target buffer in the second-level data cache. I also modified
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`SimpleScalar—a system software infrastructure used to build modeling applications
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`for program performance analysis, microarchitectural modeling, and hardware-
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`software co-verification—to use ITR traces for Windows applications for
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`predictability experiments, as well as running simulations with SimpleScalar to test
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`the effectiveness of this technique. At Compaq, I expanded the CACTI cache
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`compiler (CACTI 2.0), including enhancing CACTI 2.0 to include a fully associative
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`cache model, power modeling, multiple port models, transistor tuning, and tag path
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`balancing.
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`From 1997 through 2001, I served as a research assistant at the
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`University of California at San Diego, where I implemented a profile-based
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`approach to classifying loads for memory renaming, value prediction, and
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`dependence prediction using SimpleScalar and ATOM (Analysis Tools with OM). I
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`also created a fetch unit with a branch prediction structure called FTB, as well as
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`working with SimpleScalar to generate a hybrid predictive technique including
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`renaming, value prediction, address prediction, and dependence prediction.
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` Starting in 2002, I began teaching Computer Science classes at UCLA.
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`During my time at UCLA, I have implemented a flipped classroom in my
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`undergraduate courses, where I provide video content ahead of class with my
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`lectures, and then use the classroom to answer questions and work through sample
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`problems. These undergraduate courses are large, often 400 students or more in a
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`single class. Such large classes require robust and efficient web sites to host the
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`video content for the students, and I have spent considerable time and effort in
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`designing and maintaining these web sites.
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` From 2011 to 2022, I designed, implemented, and maintained multiple
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`websites outside of UCLA including multi-media content (e.g., photos, videos, etc.)
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`with user interfaces for displaying the content. The websites were built on a Joomla
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`framework, and I added a great deal of custom PHP scripting to implement signup,
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`store, and content delivery functionality. The site hosted multimedia content
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`including video and photos, and needed to be designed for a lay audience.
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`I am a named inventor on two U.S. Patents, and have published around
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`100 papers, textbook chapters, and reports on such topics as steering behaviors,
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`accelerator-rich architectures, RF interconnects, microarchitecture design, computer
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`animation, 3D integration, 3D architecture modeling, multi-actor simulations, real-
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`time physics simulation, error-tolerance in physics-based animation, micro-
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`architecture pipelining, classifying load and store instructions for memory renaming,
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`predictive techniques for load speculation, and instruction scheduling. I have
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`received awards or other recognition from organizations such as the International
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`Symposium on High-Performance Computer Architecture, the Engineering Society
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`of the University of California, and the National Science Foundation.
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`I have also participated in organizations like the International
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`Symposium on Microarchitecture, Computing Frontiers, the Symposium on
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`Interactive 3D Graphics and Games (I3D), the Workshop on Memory Systems
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`Performance, the International Symposium on Computer Architecture, and the
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`International Conference on Compilers, Architecture, and Synthesis for Embedded
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`Systems.
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`I have performed research in many computer science areas. For
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`example, I have researched multimedia streaming, compression, and encryption as
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`part of an effort to create application-specific hardware to reduce the latency and
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`power consumption associated with these applications. I have also researched
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`interactive entertainment, specifically focusing on the user’s perception of a virtual
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`world. In particular, I surveyed users to gauge how realistic they felt an interactive
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`experience was when using approximate computing to improve processing
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`efficiency. This work included graphics, navigation, and real-time physics. In
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`addition to a number of publications, this research resulted in the creation of
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`SteerSuite, a set of virtual world scenarios that could be used to benchmark the
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`navigation/steering and physics algorithms of other researchers.
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`I have also developed an approximate computing architecture that uses
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`lightweight checking to verify the quality of neural network-based computing
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`elements. I have proposed an accelerator-rich microprocessor design that uses a
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`heterogeneous set of building blocks to dynamically compose different accelerators
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`depending on application demand. I developed a chip multiprocessor design for real-
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`time physics called “ParallAX,” which enhances parallel processing capabilities for
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`reducing demand on the system. Similarly, I researched hierarchical floating point
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`using dynamic precision reduction to reduce the area required at each fine grain core
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`by sharing resources.
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`In 2009, my collaborators and I competed for and received an NSF
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`Expedition award for our proposal that has established the Center for Domain
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`Specific Computing (CDSC) here at UCLA (the lead institution), along with other
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`faculty from Rice University, Ohio State, and UCSB. I am one of four faculty on the
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`executive committee of this Center. I lead the Architecture Thrust of this Center, in
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`charge of designing our customizable hardware platform. This grant had been
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`extended in 2014 to cover further extensions to healthcare including genomics, and
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`is still currently providing funding to the Center. For example, we have targeted
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`medical imaging as one candidate application. We researched best practices in
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`medical imaging (e.g., MRI) for de-blurring, de-noising, image registration, image
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`segmentation, and recognition, and also implemented customized software/hardware
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`solutions to reduce patient wait time.
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`In 2021, I competed for and received a grant from Melinda Gates’
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`Pivotal Ventures to establish a Break Through Tech AI hub at UCLA — part of a
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`national program designed to teach artificial intelligence to a greater diversity of
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`students — bringing AI education to college students from underserved groups
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` Declaration of Professor Glenn Reinman, Ph.D
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`across Southern California. I am now the faculty director of the program at UCLA.
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`III. MATERIALS CONSIDERED
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`In forming the opinions set forth in this declaration, I have considered
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`and relied upon my education, knowledge of the relevant field, and my experience.
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`I have also reviewed and considered the ‘658 patent (Ex. 1001) and its file history
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`(Ex. 1002), and at least the following additional materials:
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` Petition for Inter Partes Review of the ‘658 Patent (“Petition”)
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` Declaration of Dr. Philip Greenspun (Ex. 1003)
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` Decision Granting Inter Partes Review of the ‘658 Patent (Paper 10)
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`(August 1, 2022) (“Institution Decision”)
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` U.S. Patent App. Pub. No. 2011/0122153 (“Okamura,” Ex. 1005)
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` U.S. Patent App. Pub. No. 2010/0058212 (“Belitz,” Ex. 1006)
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` U.S. Patent App. Pub. No. 2006/0206264 (“Rasmussen,” Ex. 1007)
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` U.S. Patent App. Pub. No. 2008/0276279 (“Gossweiler,” Ex. 1038)
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` U.S. Patent App. Pub. No. 2009/0210793 (“Yee,” Ex. 1041)
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` Certified English Translation of Japanese Unexamined Patent
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`Application Publication No. 2001-160058 (“Fujiwara,” Ex. 2002)
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` Jennifer Tidwell, Designing Interfaces, O’Reilly (1st Ed. 2005) (Ex.
`2018)
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` Japanese Unexamined Patent Application Publication No. 2007-323544
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`and Certified English Translation (“Takakura”) (Ex. 2019)
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` Demonstrative for Greenspun deposition (Ex. 2020)
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` U.S. Patent No. 10,621,228 (“the ‘228 patent”) (Ex. 2021)
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` Decision Granting Inter Partes Review of the ‘228 Patent (Paper 12)
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`(June 13, 2022) (“Institution Decision”)
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` Transcript of the deposition of Dr. Philip Greenspun dated August 26,
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`2022 (Ex. 2022)
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` Transcript of Deposition of Philip Greenspun, dated October 21, 2022
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`(Ex. 2024)
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` Cambridge English Dictionary, definition of “responsive” (Ex. 2025)
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` Webster’s Third New International Dictionary, definition of “responsive”
`(Ex. 2026)
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` Wilbert O. Galitz, “The Essential Guide to User Interface Design: An
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`Introduction to GUI Design Principles and Techniques,” Wiley
`Publishing, Inc. (3rd Ed.) (2007) (Ex. 2027)
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`I have also considered the additional materials identified in the
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`paragraphs below to the extent not specifically listed above.
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` Declaration of Professor Glenn Reinman, Ph.D
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`IV. LEGAL STANDARDS
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`I am not a patent attorney nor have I independently researched the law
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`on patentability. I have a general understanding of validity, prior art and priority date
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`based on my discussions with counsel.
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`A. Claim Construction
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`I understand that claim construction is the process by which a court
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`determines the scope and meaning of terms used in the claims of a patent. I
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`understand that the goal of this process is to give claim terms the ordinary and
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`customary meaning they would have had to a person of ordinary skill in the art
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`(“POSITA”) at the time of the invention, after reading the entire patent and its
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`prosecution history.
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`I understand that it is possible that the patent specification may reveal
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`a special definition given to a claim term by the patentee that differs from the
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`meaning it would otherwise have to a POSITA. In such cases, I understand that the
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`patentee’s definition usually controls.
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`I understand that the prosecution history of a patent can inform the
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`meaning of some claim language and must be taken into account in construing the
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`claims.
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`I understand that, in some cases, the court may consider extrinsic
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`evidence, such as dictionaries, treatises, and expert opinions, to understand the
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`underlying technology and the way in which claim terms would be understood by a
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`POSITA at the relevant time.
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`I understand that a dependent claim incorporates each and every
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`limitation of the claim or claims from which it depends.
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`B. Anticipation
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`I understand that anticipation analysis is a two-step process. The first
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`step is to determine the meaning and scope of the asserted claims. Each claim must
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`be viewed as a whole, and it is improper to ignore any element of the claim. For a
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`claim to be anticipated under U.S. patent law: (1) each and every claim element must
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`be identically disclosed, either explicitly or inherently, in a single prior art reference;
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`(2) the claim elements disclosed in the single prior art reference must be arranged in
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`the same way as in the claim; and (3) the identical invention must be disclosed in the
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`single prior art reference, in as complete detail as set forth in the claim. Where even
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`one element is not disclosed in a reference, the anticipation contention fails.
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`Moreover, to serve as an anticipatory reference, the reference itself must be enabled,
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`i.e., it must provide enough information so that a person of ordinary skill in the art
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`can practice the subject matter of the reference without undue experimentation.
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`I further understand that where a prior art reference fails to explicitly
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`disclose a claim element, the prior art reference inherently discloses the claim
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`element only if the prior art reference must necessarily include the undisclosed claim
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`element. Inherency may not be established by probabilities or possibilities. The fact
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`that an element may result from a given set of circumstances is not sufficient to prove
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`inherency. I have applied these principles in forming my opinions in this matter.
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`C. Obviousness
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`I understand that a patent claim is invalid under 35 U.S.C. § 103 as
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`being obvious only if the differences between the claimed invention and the prior art
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`are such that the subject matter as a whole would have been obvious at the time the
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`invention was made to a person of ordinary skill in that art. An obviousness analysis
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`requires consideration of four factors: (1) scope and content of the prior art relied
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`upon to challenge patentability; (2) differences between the prior art and the claimed
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`invention; (3) the level of ordinary skill in the art at the time of the invention; and
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`(4) the objective evidence of nonobviousness, such as commercial success,
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`unexpected results, the failure of others to achieve the results of the invention, a
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`long-felt need which the invention fills, copying of the invention by competitors,
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`praise for the invention, skepticism for the invention, or independent development.
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`I understand that a prior art reference is proper to use in an obviousness
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`determination if the prior art reference is analogous art to the claimed invention. I
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`understand that a prior art reference is analogous art if at least one of the following
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`two considerations is met. First, a prior art reference is analogous art if it is from the
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`same field of endeavor as the claimed invention, even if the prior art reference
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`addresses a different problem and/or arrives at a different solution. Second, a prior
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`art reference is analogous art if the prior art reference is reasonably pertinent to the
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`problem faced by the inventor, even if it is not in the same field of endeavor as the
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`claimed invention.
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`I understand that it must be shown that one having ordinary skill in the
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`art at the time of the invention would have had a reasonable expectation that a
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`modification or combination of one or more prior art references would have
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`succeeded. Furthermore, I understand that a claim may be obvious in view of a single
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`prior art reference, without the need to combine references, if the elements of the
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`claim that are not found in the reference can be supplied by the knowledge or
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`common sense of one of ordinary skill in the relevant art. However, I understand
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`that it is inappropriate to resolve obviousness issues by a retrospective analysis or
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`hindsight reconstruction of the prior art and that the use of “hindsight reconstruction”
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`is improper in analyzing the obviousness of a patent claim.
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`I further understand that the law recognizes several specific guidelines
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`that inform the obviousness analysis. First, I understand that a reconstructive
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`hindsight approach to this analysis, i.e., the improper use of post-invention
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`information to help perform the selection and combination, or the improper use of
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`the listing of elements in a claim as a blueprint to identify selected portions of
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`different prior art references in an attempt to show that the claim is obvious, is not
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`permitted. Second, I understand that any prior art that specifically teaches away from
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`the claimed subject matter, i.e., prior art that would lead a person of ordinary skill in
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`the art to a specifically different solution than the claimed invention, points to non-
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`obviousness, and conversely, that any prior art that contains any teaching,
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`suggestion, or motivation to modify or combine such prior art reference(s) points to
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`the obviousness of such a modification or combination. Third, while many
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`combinations of the prior art might be “obvious to try,” I understand that any obvious
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`to try analysis will not render a patent invalid unless it is shown that the possible
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`combinations are: (1) sufficiently small in number so as to be reasonable to conclude
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`that the combination would have been selected; and (2) such that the combination
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`would have been believed to be one that would produce predictable and well
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`understood results. Fourth, I understand that if a claimed invention that arises from
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`the modification or combination of one or more prior art references uses known
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`methods or techniques that yield predictable results, then that factor also points to
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`obviousness. Fifth, I understand that if a claimed invention that arises from the
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`modification or combination of one or more prior art references is the result of
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`known work in one field prompting variations of it for use in the same field or a
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`different one based on design incentives or other market forces that yields predicable
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`variations, then that factor also points to obviousness. Sixth, I understand that if a
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`claimed invention that arises from the modification or combination of one or more
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`prior art references is the result of routine optimization, then that factor also points
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` Declaration of Professor Glenn Reinman, Ph.D
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`to obviousness. Seventh, I understand that if a claimed invention that arises from the
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`modification or combination of one or more prior art references is the result of a
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`substitution of one known prior art element for another known prior art element to
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`yield predictable results, then that factor also points to obviousness.
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`I understand that each alleged prior art reference in a proposed
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`obviousness combination must be evaluated as an entirety, i.e., including those
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`portions that would argue against obviousness, and must be considered for
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`everything that it teaches, not simply the described invention or a preferred
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`embodiment. I understand that it is impermissible to pick and choose from any one
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`reference only so much of it as will support a given position to the exclusion of other
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`parts necessary to the full appreciation of what such reference fairly suggests to one
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`skilled in the art, or to ignore portions of the reference that argue against
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`obviousness. I also understand that all of the supposed prior art to be combined as
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`proposed must also be evaluated as a whole, and should be evaluated for what they
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`teach in combination as well as separately.
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`D. Method Claims
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`I understand that as a general rule, unless the steps of a method actually
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`recite an order, the steps are not ordinarily construed to require one. However, I
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`understand that such a result can ensue when the method steps implicitly require that
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`they be performed in the order written. I understand that this determination involves
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` Declaration of Professor Glenn Reinman, Ph.D
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`a two-part inquiry: (1) whether the claim language requires an order as a matter of
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`logic or grammar; and (2) if the answer to (1) is in the negative, whether the
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`specification directly or implicitly requires such a narrow construction.
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`E. Dependent Claims
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`I understand that a dependent claim incorporates each and every
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`limitation of the claim from which it depends. Thus, my understanding is that if a
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`prior art reference fails to anticipate an independent claim, then that prior art
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`reference also necessarily fails to anticipate all dependent claims that depend from
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`the independent claim. Similarly, my understanding is that if a prior art reference or
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`combination of prior art references fails to render obvious an independent claim,
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`then that prior art reference or combination of prior art references also necessarily
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`fails to render obvious all dependent claims that depend from the independent claim.
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`V. OVERVIEW OF THE ‘658 PATENT
` The ’658 patent is directed to methods for “allow[ing] people to
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`organize, view, preserve these files with all the memory details captured, connected
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`and vivified via an interactive interface.” Ex. 1001, 1:56-62. The ‘658 patent
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`discloses methods that allow users to easily and intuitively arrange and show digital
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`files like photographs and videos. These methods “save[] a user significant time,
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`provide[] significant information with minimal screen space, and provide[] an
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`appealing and customizable interface that will enhance the user experience.” Ex.
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`1001, 2:51-55. The ‘658 patent provides several views that allow the user to arrange
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`and show digital files. A discussion of some of the views is provided below.
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` The ‘658 patent discloses “People Application Views,” “Collection
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`Application Views,” “Location Application Views,” “Uploads Application Views,”
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`and a “Recipe Application View.” Ex. 1001, 3:58-62. An example of the Uploads
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`Application view, which includes selectable elements labeled Uploads, Collections,
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`People, Locations, Recipe, and Family Tree, is shown below.
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`Ex. 1001, FIG. 35 (annotated)
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` The ‘658 patent discloses a “map view,” which is recited in claim 1.
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`Ex. 1001, 29:25-41. An example map view is shown in FIG. 41 below.
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`Ex. 1001, FIG. 41
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` The map view include