Apple Inc. (Petitioner)
`v.
`ImmerVision, Inc. (Patent Owner)
`
`Petitioner’s Demonstratives
`Case No. IPR2023-00471
`U.S. Patent No. 6,844,990
`
`Before Hon. John D. Hamann, Steven M. Amundson, Stephen E. Belisle
`Administrative Patent Judges
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`APPLE 1028
`Apple v. Immervision
`IPR2023-00471
`
`1
`
`
`v.
`ImmerVision, Inc. (Patent Owner)
`
`Petitioner’s Demonstratives
`Case No. IPR2023-00471
`U.S. Patent No. 6,844,990
`
`Before Hon. John D. Hamann, Steven M. Amundson, Stephen E. Belisle
`Administrative Patent Judges
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`APPLE 1028
`Apple v. Immervision
`IPR2023-00471
`
`1
`
`
`
`Table of Contents
`
`1. The Baker-Shiota Combination Renders Obvious Claim 27 of the
`’990 Patent
`
`1A: ’990’s Description Relating to “correcting the non-linearity of
`the initial image … using at least the non-linear distribution
`function and a size L of the obtained image”
`
`1B: Baker-Shiota Renders Obvious “correcting the non-linearity of
`the initial image … using … a size L of the obtained image” similar
`to the ’990 Patent’s Description of This Feature
`
`2. Appendix 1 - Rebuttals to Patent Owner’s Arguments
`
`3. Appendix 2 - Overview of the '990 Patent
`
`4. Appendix 3 - Overview of the Baker-Shiota Combination
`
`3
`
`9
`
`16
`
`32
`
`41
`
`45
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`2
`
`2
`
`
`
`Issue 1
`
`The Baker-Shiota Combination Renders Obvious
`Claim 27 of the ’990 Patent
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`3
`
`3
`
`
`
`’990 Patent: Challenged Indep. Claim 27
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`4
`
`4
`
`
`
`The Purported Invention of the ’990 Patent
`
`’990 Patent’s
`Specification
`
`APPLE-1001 (’990 Pat), 3:62-4:21,
`FIGS. 7A-7B; Petition, 8-11
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`5
`
`5
`
`
`
`The Purported Invention of the ’990 Patent
`
`’990 Patent’s Specification
`
`APPLE-1001, 12:59-14:35; Petition, 11-
`12
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`6
`
`6
`
`
`
`Patent Owner’s Self-Initiated Reexamination
`
`’990 Patent’s
`Reexamination
`
`APPLE-1011 (Reexam File
`History), 249-251, 234; Petition,
`13-14, 21, 24-25, 47-49, 77-79
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`7
`
`7
`
`
`
`’990 Patent: Challenged Indep. Claim 27
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`8
`
`8
`
`
`
`Issue 1A
`
`’990’s Description Relating to “correcting the
`non-linearity of the initial image … using at
`least the non-linear distribution function and a
`size L of the obtained image”
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`9
`
`9
`
`
`
`’990 Patent: Image Distribution Function of a Classic
`Panoramic Objective Lens
`
`’990 Patent’s
`Specification
`
`APPLE-1023 (2nd Kessler Decl.), ¶¶
`77-80, 89-91; APPLE-1001, 2:30-
`41, FIGS. 4A-4B
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`10
`
`10
`
`
`
`’990 Patent’s Non-Linear Distribution Function
`
`’990 Patent’s
`Specification
`
`APPLE-1023, ¶¶ 77-80, 89-91; APPLE-
`1001, 2:30-41, FIGS. 7A-7B
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`11
`
`11
`
`
`
`’990’s Non-Linear Distribution Function Identifies Normalized
`Image Heights/Distances at Different Field Angles
`
`2nd Declaration of Dr.
`Kessler
`
`APPLE-1023, ¶¶80, 89.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`12
`
`12
`
`
`
`Normalized Image Heights/Distances at Different Field Angles
`
`2nd Declaration of Dr. Kessler
`
`Dep. Testimony of PO’s Expert
`
`APPLE-1023, ¶¶80, 89.
`
`APPLE-1025, 16:16-17:11; APPLE-1023,
`¶¶80, 89.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`13
`
`13
`
`
`
`’990’s Image Transformation Algorithm Multiplies Image
`Distribution Function by Image Size/Radius L
`Dep. Testimony of PO’s Expert
`’990 Patent
`
`APPLE-1025, 37:18-38:6, 16:5-15; APPLE-
`1001, 14:10-35; APPLE-1023, ¶¶84-85
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`14
`
`14
`
`
`
`Size L is Used For Scaling in the ’990 Patent
`Dep. Testimony of PO’s Expert
`
`APPLE-1025, 39:1-7, 37:18-38:11; APPLE-
`1023, ¶¶56, 59, 83-85.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`15
`
`15
`
`
`
`Issue 1B
`
`Baker-Shiota Renders Obvious “correcting the
`non-linearity of the initial image … using … a
`size L of the obtained image” similar to the ’990
`Patent’s Description of This Feature
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`16
`
`16
`
`
`
`Baker-Shiota Leverages Shiota’s Image Transformation Teachings that
`Use a Non-Linear Image Distribution Function
`Shiota
`1st Declaration of Dr. Kessler
`
`’990 Reexamination
`
`APPLE-1012, [0032]-[0042]; APPLE-1003, ¶¶191-204; APPLE-1023, ¶¶81-91; APPLE-1011, 234, 117
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`17
`
`17
`
`
`
`Shiota Describes Normalizing Image Size/Radius to 1
`
`Shiota
`
`1st Declaration of Dr. Kessler
`
`APPLE-1012, [0023]; APPLE-1003, ¶¶205-
`206; APPLE-1023, ¶¶55-56, 61-63, 81
`
`2nd Declaration of Dr. Kessler
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`18
`
`18
`
`
`
`The Experts Agree that Using a Normalizing Image Size of 1
`is “Commonly Done” in “Optics and Lens Design”
`Fisher (APPLE-1009)
`
`Dep. Testimony of PO’s Expert
`
`APPLE-1009, FIGS. 3-4; APPLE-1023,
`¶57; APPLE-1025, 21:9-22:8
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`19
`
`19
`
`
`
`Patent Owner’s Expert Explained Why Image Size is
`Commonly Normalized to 1 in the Field of Optics
`
`Dep. Testimony of PO’s Expert
`
`APPLE-1025, 21:9-22:8, 24:4-24:10; APPLE-1023, ¶¶57-59.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`20
`
`20
`
`
`
`Shiota’s Description Generalizes the Algorithm For Different
`Image Sizes by Using a Normalized Image Size of 1
`
`Shiota
`
`APPLE-1003, ¶¶205-206; APPLE-1023, ¶¶55-59, 81-85; EX-2001, ¶51
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`21
`
`21
`
`
`
`Given Normalized Image Size of 1, Shiota’s Non-Linear
`Distribution Function Generates Values on a Scale of 0 to 1
`
`Shiota
`
`Second Declaration of Dr. Kessler
`
`APPLE-1023, ¶¶ 55-56; APPLE-1003,
`¶¶191-206; APPLE-1012, [0036]-[0037]
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`22
`
`22
`
`
`
`Image Coordinates Computed in Shiota Are Provided in
`Relative/Normalized Terms
`Shiota
`
`PO Sur-Reply
`
`APPLE-1012, [0036]-[0041]; APPLE-1023, ¶¶60-63, 77-91; Sur-Reply, 6, 11.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`23
`
`23
`
`
`
`When Using a Normalized Image Size, Scaling Would be
`Done to Account for the Image Size in an Actual Application
`Dep. Testimony of PO’s Expert
`
`Smith (APPLE-1026)
`
`APPLE-1026, 57; APPLE-1025, 23:14-
`24:10; APPLE-1023, ¶¶57-59, 86-91.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`24
`
`24
`
`
`
`Shiota’s “Magnification Adjustment” Accounts for the Image
`Size in “Actual[] Use”
`Shiota
`
`1st Declaration of Dr. Kessler
`
`APPLE-1012, [0023]; APPLE-1003,
`¶¶205-206, 77-91.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`25
`
`25
`
`
`
`Patent Owner Omits Key Disclosures in Shiota’s Paragraph 23
`
`PO Expert Declaration (EX-2001)
`
`Shiota
`
`1st Declaration of Dr. Kessler
`
`APPLE-1012, [0023]; APPLE-1003, ¶¶205-206; EX-
`2001, ¶51; APPLE-1023, ¶¶50-53
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`26
`
`26
`
`
`
`Patent Owner Omits Key Disclosures in Shiota’s Paragraph 23
`
`1st Declaration of Dr. Kessler
`
`APPLE-1012, [0023];
`APPLE-1003, ¶¶205-
`206; APPLE-1023,
`¶¶50-56, 61-63
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`27
`
`27
`
`
`
`Operator Selected Parameters in Shiota’s Paragraph 24-26 Do
`Not Relate to the Obtained Fisheye Image
`Shiota
`
`POR
`
`2nd Declaration of Dr. Kessler
`
`POR, 19; APPLE-1023, ¶66; APPLE-1012,
`[0023]-[0026].
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`28
`
`28
`
`
`
`Shiota’s Paragraph 23 Would Be Understood as Relating to the
`Obtained Fisheye Image
`2nd Declaration of Dr. Kessler
`
`Shiota
`
`APPLE-1023, ¶¶66-67; APPLE-1012,
`[0023], Fig. 1; APPLE-1003, ¶¶208-212
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`29
`
`29
`
`
`
`Shiota’s “Magnification Adjustment” Accounts for the Image
`Size in “Actual[] Use”
`2nd Declaration of Dr. Kessler
`
`APPLE-1012, [0023], [0036]-[0042]; APPLE-1003, ¶¶191-213; APPLE-
`1023, ¶¶61-62, 77-91.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`30
`
`30
`
`
`
`Shiota’s “Magnification Adjustment” Accounts for the Image
`Size in “Actual[] Use”
`
`2nd Declaration of Dr. Kessler
`
`APPLE-1003, ¶¶191-213; APPLE-1023, ¶¶89-91
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`31
`
`31
`
`
`
`Appendix 1
`
`Rebuttals to Patent Owner’s Arguments
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`32
`
`32
`
`
`
`Patent Owner’s Narrative Regarding the Preliminary
`Proceedings Ignores Focus on Shiota’s Paragraph 23
`
`RebuttalRebuttal
`“To obtain institution, Petitioner unequivocally relied on paragraphs [0024]-[0026] for its
`“To obtain institution, Petitioner unequivocally relied on paragraphs 24-26 for its
`interpretation of paragraph [0023]” and without paragraphs [0024]-[0026], Petitioner is left
`interpretation of paragraph 23.” Sur-reply, __.
`to:to:
`
`“scrambling for evidence.” Sur-Reply, 1.
`POPR
`
`Petitioner’s Pre-Institution Reply
`
`POPR, 19
`
`Preliminary Reply, 1, 5
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`33
`
`33
`
`
`
`Patent Owner’s "Link[ing]" Argument Also Ignores Focus on
`Shiota’s Paragraph 23
`Rebuttal
`Rebuttal
`“To obtain institution, Petitioner unequivocally relied on paragraphs 24-26 for its
`Rebuttal
`“Dr. Kessler himself links together multiple references to “magnification” and other synonyms
`interpretation of paragraph 23.” Sur-reply, __.
`(i.e., ‘scale factor’ and ‘zoom ratio’)" in paragraphs 24 and 26 of Shiota with “magnification
`to:
`to:
`to:
`adjustment” in Shiota’s paragraph 23. POR, 1.
`
`Shiota
`
`1st Declaration of Dr. Kessler
`
`APPLE-1003, ¶205; APPLE-1023, ¶¶64-67; APPLE-1012,
`[0023].
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`34
`
`34
`
`
`
`Patent Owner's Incorrect Linking of Shiota’s Operator-Selected
`Parameters in Paragraphs 24-26 with Paragraph 23
`“Mr. Munro credibly interprets “magnification adjustment” at the end of
`Rebuttal
`paragraph [0023] within Shiota’s overall context as referring to selecting portions
`to:
`for display, not correcting image distortion using the fisheye image size.” Sur-Reply, 5.
`’990 Patent
`Declaration of Mr. Munro
`
`EX-2001, ¶54 (citing APPLE-1001, 14:37-48 (shown on right)); APPLE-1003, ¶205; APPLE-1023, ¶¶64-67.
`35
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`35
`
`
`
`An Actual Application Would Not Use Normalized
`Coordinates, in View of Shiota and Baker
`“It would be unusual for a POSA to understand Shiota to suggest using image size for
`Rebuttal
`obtaining coordinates when the stated algorithm outputs dimensionless coordinates
`to:
`and “magnification” is also typically considered dimensionless.” Sur-Reply, 6.
`
`2nd Declaration of Dr. Kessler
`
`APPLE-1023, ¶¶61-62, 83-91; APPLE-1012, [0023].
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`36
`
`36
`
`
`
`Image Size and Image Sensor Size are Directly Related
`Size of the image sensor and of the image are “not so inextricably linked.” POR, 15-16 n
`3.
`“A POSA recognizes that image sensor size is not the same as image size…. [A]n image
`will not grow or shrink even if a larger or smaller sensor is substituted.” Sur-Reply, 8-9.
`2nd Declaration of Dr. Kessler
`
`Rebuttal
`to:
`
`APPLE-1023, ¶¶68-69; APPLE-1012, [0023].
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`37
`
`37
`
`
`
`Image Size and Image Sensor Size are Directly Related
`Rebuttal
`“A POSA recognizes that image sensor size is not the same as image
`size….Petitioner attempted to discredit this testimony by pointing to an error in Mr.
`to:
`Munro’s description of the ‘990 Patent’s Fig. 2, in turn implying that only configurations
`where the sensor diagonal is essentially identical to the image circle diameter matter”
`Sur-Reply, 8-9.
`
`2nd Declaration of Dr. Kessler
`
`APPLE-1023, ¶¶70-73; Ex. 2005 at Fig. 11, ¶ [0106]
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`38
`
`38
`
`
`
`Image Size and Image Sensor Size are Directly Related
`“Contrary to Petitioner’s alleged causal link, even if one is performing an operation to
`Rebuttal
`‘account’ for the size of an image sensor, the image disk size is not necessarily
`to:
`implicated.” Sur-Reply, 9.
`1st Declaration of Dr. Kessler
`
`2nd Declaration of Dr. Kessler
`
`APPLE-1023, ¶¶63, 70-75, APPLE-1003, ¶206
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`39
`
`39
`
`
`
`Patent Owner’s Flawed Comparison to the ’990 Specification
`
`Rebuttal
`to:
`
`“The ‘990 Patent uses the image size to retrieve image points and includes
`that value in the example algorithm. Shiota’s algorithm contains no such variable
`and, therefore, does not support Petitioner’s interpretation of ‘magnification.’” Sur-Reply, 11
`1st Declaration of Dr. Kessler
`Excerpts from Shiota
`
`APPLE-1012, [0023]; APPLE-1003, ¶¶205-206; APPLE-1023, ¶¶81-93.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`40
`
`40
`
`
`
`Appendix 2
`
`Overview of the
`’990 Patent
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`41
`
`41
`
`
`
`Overview
`
`• The ’990 Patent’s earliest priority date is
`May 11, 2001.
`
`• The Petition challenges claims 27, 2, 4, 27,
`29, and 30 of the ’990 Patent.
`
`• Claim 27, 29, and 30 were newly added
`during reexamination.
`
`• Claims 2 and 4 were amended to depend
`from claim 27.
`
`APPLE-1001
`(U.S. Patent No. 6,844,990) (“’990 Patent”)
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`42
`
`42
`
`
`
`’990 Patent: Challenged Indep. Claim 27
`
`43
`
`43
`
`
`
`’990 Patent: Challenged Dependent Claims
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`44
`
`44
`
`
`
`Appendix 3
`
`Overview of the Baker-Shiota
`Combination
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`45
`
`45
`
`
`
`Baker-Shiota Combination
`
`1st Declaration of Dr. Kessler
`
`APPLE-1003, ¶¶129-131
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`46
`
`46
`
`
`
`Baker-Shiota Combination
`
`1st Declaration of Dr. Kessler
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`47
`
`APPLE-1003, ¶138
`
`47
`
`
`
`Baker-Shiota Combination
`
`1st Declaration of Dr. Kessler
`
`APPLE-1003, ¶¶163-174
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`48
`
`48
`
`
`
`Baker-Shiota Combination
`
`1st Declaration of Dr. Kessler
`
`APPLE-1003, ¶¶202-207
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`49
`
`49
`
`
`
`Baker-Shiota Combination
`1st Declaration of Dr. Kessler
`
`APPLE-1003, ¶¶208-209
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`50
`
`50
`
`
`
`Baker-Shiota Combination
`
`’990 Patent, Fig. 13
`
`Shiota, Fig. 1
`
`APPLE-1003, ¶¶208-209
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`51
`
`51
`
`
`
`Shiota – Paragraphs 23, 24, 25, 26
`
`Shiota
`
`APPLE-1003, ¶¶191-213; APPLE-1023, ¶¶66-67;
`APPLE-1012, [0023]-[0026].
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`52
`
`52
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
