`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`E. EDDIE BAKHASH
`In re Patent of:
`8,881,048
` Attorney Docket No. 50095-0108IP1
`U.S. Patent No.:
`November 4, 2014
`
`Issue Date:
`Appl. Serial No.: 12/751,879
`
`March 31, 2010
`Filing Date:
`
`Title:
`SYSTEM AND METHOD FOR PROVIDING THREE-
`DIMENSIONAL GRAPHICAL USER INTERFACE
`
`DECLARATION OF DR. HENRY FUCHS
`
`
`
`
`
`
`
`
`
`
`
`APPLE 1003
`
`1
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`TABLE OF CONTENTS
`
`
`
`INTRODUCTION ......................................................................................... 12
`I.
`QUALIFICATIONS ...................................................................................... 12
`II.
`III. LEGAL PRINCIPLES ................................................................................... 17
`A. Person of Ordinary Skill in the Art .......................................................... 18
`B. Obviousness .............................................................................................. 18
`C. Claim Interpretation .................................................................................. 20
`IV. PERSON OF ORDINARY SKILL IN THE ART ........................................ 21
`V. MATERIALS CONSIDERED ...................................................................... 22
`VI. THE ’048 PATENT ....................................................................................... 26
`A. Background of the Technology ................................................................ 26
`B. Description of the ’048 Patent (EX1001) ................................................. 47
`VII. GROUND 1: ROBERTSON, GRALLA, AND GETTMAN ....................... 50
`A. Robertson (EX1004) ................................................................................. 50
`B. Gralla (EX1005) ....................................................................................... 55
`C. Gettman (EX1006) ................................................................................... 55
`D. The Robertson-Gralla-Gettman Combination .......................................... 57
`E. Claim Element Analysis ........................................................................... 73
`VIII. GROUND 2: SAUVE AND TSUDA .......................................................... 119
`A. Sauve (EX1007) ..................................................................................... 119
`B. Tsuda (EX1008) ..................................................................................... 121
`C. The Suave-Tsuda Combination .............................................................. 122
`D. Claim Element Analysis ......................................................................... 129
`IX. OVERVIEW OF CONCLUSIONS FORMED ........................................... 164
`X.
`CONCLUSION ............................................................................................ 165
`
`
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`
`
`2
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`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`LISTING OF CHALLENGED CLAIMS
`
`Claim 1
`[1.pre] A method for providing a three-dimensional (3D) graphical user
`interface, comprising:
`
`[1.a]
`
`receiving at least first and second inputs from an end user;
`
`[1.b]
`
`[1.c]
`
`receiving first and second webpages from at least one server in
`response to said first and second inputs, wherein the first and second
`inputs are website addresses corresponding to said first and second
`webpages, respectively;
`
`displaying at least a portion of the first webpage on a first object
`within a 3D space, and at least a portion of the second webpage on a
`second object within the 3D space, comprising;
`
`[1.c.i]
`
`rendering the first and second webpages;
`
`[1.c.ii]
`
`capturing first and second images of the at least a portion of the first
`webpage and the at least a portion of the second webpage,
`respectively; and
`
`[1.c.iii]
`
`texturing the first image on the first object and the second image on
`the second object, the first object being displayed in a foreground of
`the 3D space and the second object being displayed in a background
`of the 3D space; and
`
`[1.d]
`
`displaying additional information, comprising:
`
`[1.d.i]
`
`receiving an interaction by the end user on the first image;
`
`[1.d.ii]
`
`replacing the first and second objects within the 3D space with a
`window within a two-dimensional (2D) space in response to
`receiving the interaction, wherein the window includes the rendered
`first webpage;
`
`
`
`3
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`receiving an interaction by the end user on a link provided in the
`rendered first webpage, the link corresponding to the additional
`information;
`
`[1.d.iii]
`
`[1.d.iv]
`
`rendering the additional information; and
`
`[1.d.v]
`
`displaying the rendered additional information in said window within
`the 2D space.
`
`[2.pre]
`
`The method of claim 1, further comprising:
`
`Claim 2
`
`[2.a]
`
`[2.b]
`
`[2.c]
`
`capturing a third image of at least a portion of the rendered additional
`information;
`
`texturing the third image on the first object, the third image thereby
`replacing the first image on the first object; and
`
`replacing the window within the 2D space with at least the first and
`second objects within the 3D space, wherein the first object is
`displayed in the foreground of the 3D space and the second object is
`displayed in the background of the 3D space.
`
`Claim 3
`
`[3.pre]
`
`The method of claim 2, further comprising:
`
`[3.a]
`
`receiving a toggle interaction by the end user; and
`
`[3.b]
`
`replacing the window within the 2D space with at least the first and
`second objects within the 3D space in response to the toggle
`interaction.
`
`
`
`
`
`
`
`
`
`4
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`Claim 4
`
`
`
`
`
`[4.pre]
`
`The method of claim 2, further comprising:
`
`[4.a]
`
`receiving a navigation interaction by the end user; and
`
`[4.b]
`
`moving said second object from the background of the 3D space to
`the foreground of the 3D space in response to the navigation
`interaction.
`
`Claim 5
`
`[5.pre]
`
`The method of claim 1, further comprising:
`
`[5.a]
`
`receiving a toggle interaction by the end user; and
`
`[5.b]
`
`replacing the window within the 2D space with at least the first and
`second objects within the 3D space in response to the toggle
`interaction.
`
`Claim 6
`
`[6.pre]
`
`The method of claim 1, further comprising:
`
`[6.a]
`
`receiving at least a third input from the end user;
`
`[6.b]
`
`[6.c]
`
`receiving a third webpage from the at least one server in response to
`the third input; and
`
`displaying at least a portion of the third webpage on a third object
`within the 3D space, comprising:
`
`[6.c.i]
`
`rendering the third webpage;
`
`[6.c.ii]
`
`capturing a third image of the at least a portion of the third webpage;
`and
`
`[6.c.iii]
`
`texturing the third image on the third object, the third object being
`
`
`
`5
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`displayed in a further background of the 3D space, behind the second
`object.
`
`
`
`
`
`[7.pre]
`
`The method of claim 1,
`
`Claim 7
`
`[7.a]
`
`wherein the step of receiving the first and second webpages from the
`at least one server in response to said first and second inputs further
`comprises receiving the first webpage from a first server in response
`to said first input and receiving the second webpage from a second
`server in response to said second input.
`
`Claim 8
`[8.pre] A system for providing a three-dimensional (3D) graphical user
`interface, comprising:
`
`[8.pre.i]
`
`a display screen;
`
`[8.pre.ii]
`an input device for receiving at least one input from an end user
`[8.pre.iii] a processor module operatively coupled to the display screen and the
`user input device; and
`
`[8.pre.iv]
`
`a memory module operatively coupled to the processor module, the
`memory module comprising executable code for the processor
`module to:
`
`[8.a]
`
`receive at least first and second inputs from an end user;
`
`[8.b]
`
`receive first and second webpages from at least one source in
`response to said first and second inputs, wherein the first and second
`inputs are website address corresponding to said first and second
`webpages, respectively;
`
`
`
`6
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`display at least a portion of the first webpage on a first object within
`a 3D space on the display screen, and at least a portion of the second
`webpage on a second object within the 3D space on the display
`screen, comprising;
`
`[8.c]
`
`[8.c.i]
`
`rendering the first and second webpages;
`
`[8.c.ii]
`
`capturing first and second images of the at least a portion of the first
`webpage and the at least a portion of the second webpage,
`respectively; and
`
`[8.c.iii]
`
`texturing the first image on the first object and the second image on
`the second object, the first object being displayed in a foreground of
`the 3D space and the second object being displayed in a background
`of the 3D space; and
`
`[8.d]
`
`display additional information, comprising:
`
`[8.d.i]
`
`receiving an interaction by the end user on the first image;
`
`[8.d.ii]
`
`replacing the first and second objects within the 3D space with a
`window within a two-dimensional (2D) space on the display screen
`in response to receiving the interaction, wherein the window includes
`the rendered first webpage;
`
`[8.d.iii]
`
`receiving an interaction by the end user on a link provided in the
`rendered first webpage, the link corresponding to the additional
`information;
`
`[8.d.iv]
`
`rendering the additional information; and
`
`[8.d.v]
`
`displaying the rendered additional information on the display screen
`in said window within the 2D space on the display screen.
`
`
`
`Claim 9
`
`[9.pre]
`
`The system of claim 8, wherein said executable code is further
`
`
`
`7
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`configured to:
`
`[9.a]
`
`[9.b]
`
`[9.c]
`
`capture a third image of at least a portion of the rendered additional
`information;
`
`texture the third image on the first object, the third image thereby
`replacing the first image on the first object; and
`
`replace the window within the 2D space with at least the first and
`second objects within the 3D space, wherein the first object is
`displayed in the foreground of the 3D space and the second object is
`displayed in the background of the 3D space.
`
`Claim 10
`[10.pre] The system of claim 9, wherein said executable code is further
`configured to:
`
`[10.a]
`
`receive a toggle interaction by the end user; and
`
`[10.b]
`
`replace the window within the 2D space with at least the first and
`second objects within the 3D space in response to the toggle
`interaction.
`
`Claim 11
`[11.pre] The system of claim 9, wherein said executable code is further
`configured to:
`
`[11.a]
`receive a navigation interaction by the end user; and
`[11.b] move said second object from the background of the 3D space to the
`foreground of the 3D space in response to the navigation interaction.
`
`
`
`
`
`
`
`
`
`8
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`Claim 12
`[12.pre] The system of claim 8, wherein said executable code is further
`configured to:
`
`[12.a]
`
`receive a toggle interaction by the end user; and
`
`[12.b]
`
`replace the window within the 2D space with at least the first and
`second objects within the 3D space in response to the toggle
`interaction.
`
`
`
`
`
`Claim 13
`[13.pre] The system of claim 8, wherein said executable code is further
`configured to:
`
`[13.a]
`
`receive at least a third input from the end user;
`
`[13.b]
`
`[13.c]
`
`receive a third webpage from the at least one server in response to the
`third input; and
`
`display at least a portion of the third webpage on a third object within
`the 3D space, comprising:
`
`[13.c.i]
`
`rendering the third webpage;
`
`[13.c.ii]
`
`capturing a third image of the at least a portion of the third webpage;
`and
`
`[13.c.iii]
`
`texturing the third image on the third object, the third object being
`displayed in a further background of the 3D space, behind the second
`object.
`
`Claim 14
`[14.pre] A method for providing a three-dimensional (3D) graphical user
`interface, comprising:
`
`
`
`9
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`receiving at least first and second website addresses from an end
`user;
`
`using said first and second website addresses to retrieve first and
`second webpages from at least one source in response to said first
`and second inputs;
`
`displaying at least a portion of the first webpage within a 3D space,
`and at least a portion of the second webpage within the 3D space,
`comprising;
`
`generating first and second images of the at least a portion of the first
`webpage and the at least a portion of the second webpage,
`respectively; and
`
`displaying the first image and the second image in the 3D space, the
`first image being displayed in a foreground of the 3D space and the
`second image being displayed in a background of the 3D space; and
`
`[14.a]
`
`[14.b]
`
`[14.c]
`
`[14.c.i]
`
`[14.c.ii]
`
`[14.d]
`
`displaying additional information to said end user, comprising:
`
`[14.d.i]
`
`receiving an interaction from the end user with the first image;
`
`[14.d.ii]
`
`replacing the first and second images within the 3D space with a
`window within a two-dimensional (2D) space in response to
`receiving the interaction, wherein the window includes the first
`webpage;
`
`[14.d.iii]
`
`receiving an interaction by the end user on a link provided in the first
`webpage, the link corresponding to the additional information; and
`
`[14.d.iv] displaying the additional information to the user.
`
`
`
`[15.pre] The method of claim 14,
`
`Claim 15
`
`
`
`10
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`wherein the additional information is displayed in the window,
`thereby replacing the first webpage in the window.
`
`[15.a]
`
`Claim 16
`
`[16.pre] The method of claim 14, further comprising:
`
`[16.a]
`
`generating a third image of at least a portion of the additional
`information; and
`
`[16.b]
`
`replacing the window with at least the second and third images
`within the 3D space, wherein the third image replaces the first image
`in the foreground of the 3D space, and the second image remains in
`the background of the 3D space.
`
`Claim 17
`
`[17.pre] The method of claim 16, further comprising:
`
`[17.a]
`
`receiving a toggle interaction by the end user; and
`
`[17.b]
`
`replacing the window with at least the second and third images
`within the 3D space in response to the toggle interaction.
`
`Claim 18
`
`[18.pre] The method of claim 17, further comprising;
`
`[18.a]
`
`receiving a navigation interaction by the end user; and
`
`[18.b]
`
`moving said second image from the background of the 3D space to
`the foreground of the 3D space in response to the navigation
`interaction.
`
`
`
`
`
`
`
`
`
`
`
`
`11
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`I, Henry Fuchs, PhD, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained as a technical expert by counsel on behalf of Apple
`
`Inc. (“Apple”/“Petitioner”). I understand that Apple is requesting that the Patent
`
`Trial and Appeal Board institute an inter partes review (“IPR”) proceeding with
`
`respect to U.S. Patent No. 8,881,048 (“the ’048 patent”) (EX1001).
`
`2.
`
`I have been asked to provide my independent analysis of the ’048 patent
`
`in light of certain prior art publications, and I have done so based on my personal
`
`knowledge and experience.
`
`3.
`
`I am not, and never have been, an employee of Apple. I received no
`
`compensation for this Declaration beyond my normal hourly compensation based on
`
`my time actually spent analyzing the ’048 patent, the prior art publications cited
`
`below, and various issues related thereto. I will not receive any added compensation
`
`based on the outcome of any IPR or other proceeding involving the ’048 patent.
`
`II. QUALIFICATIONS
`
`4.
`
`In formulating my opinions, I have relied on my knowledge, training,
`
`and experience in the relevant field. My education and experience are described
`
`more fully in the attached curriculum vitae (Appendix A). For ease of reference, I
`
`have highlighted certain information below.
`
`
`
`
`
`12
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`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`I am the Federico Gil Distinguished Professor of Computer Science at
`
`5.
`
`the University of North Carolina at Chapel Hill. I head the UNC Graphics and
`
`Virtual Reality research group, supervising research scientists, engineers, PhD, MS,
`
`and undergraduate students.
`
`6.
`
`I received a Bachelor of Arts degree in Information and Computer
`
`Science from the University of California at Santa Cruz in 1970, and a Ph.D. from
`
`the University of Utah in 1975.
`
`7.
`
`I have over 50 years of experience working in the field of computer
`
`graphics. I have worked in the Imaging Lab of Caltech’s NASA Jet Propulsion
`
`Laboratory, and have consulted for numerous organizations, including General
`
`Electric, the RAND Corporation, Mitsubishi Electric Research Laboratory, and
`
`Xerox Palo Alto Research Center. I have held visiting professorships at ETH Zurich
`
`and at TU Wien (the Vienna University of Technology).
`
`8. My research in computer graphics has been supported by, among
`
`others, Cisco, DARPA, Google, Intel, Meta (fka Facebook), Microsoft, ONR, NIH,
`
`NSF, NVIDIA, U.S. Air Force, and Xerox. I have published about 250 papers,
`
`including some in the top journals, such as ACM SIGGRAPH, SIGGRAPH Asia,
`
`ACM Transactions on Graphics, and IEEE Computer Vision and Pattern
`
`Recognition (CVPR). As part of my research activities, I lead a research group at
`
`UNC Chapel Hill composed of senior researchers, PhD students, MS students,
`
`
`
`13
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`undergraduates, and sometimes one or two high school students. Students I have
`
`advised have gone on to senior faculty positions at leading universities such as MIT,
`
`Stanford, and Georgia Tech, and leading research labs such as Google, Intel, Meta
`
`(fka Facebook), and Microsoft, as well as to smaller companies and startups around
`
`the world.
`
`9.
`
`I have served on the program and papers committees of some of the top
`
`conferences in the field, such as ACM SIGGRAPH, ACM SIGGRAPH Asia, and
`
`Eurographics. I was instrumental in starting the conference series ACM Interactive
`
`3D Graphics and Games, organizing the first conference in 1986. I helped with the
`
`founding of the ACM Transactions on Graphics, the top journal in computer
`
`graphics, by serving as the guest editor of its inaugural issue in 1982.
`
`10. A number of ideas from my publications have been widely adopted in
`
`commercial products. For example, my introduction of Binary Space Partitioning
`
`Trees (“BSP Trees”) in 1980 enabled real-time 3D games such as Doom and Quake
`
`to run on modest-sized PCs, and BSP Trees is now a standard rendering technique
`
`taught in major textbooks in computer graphics. The Pixel-Planes hardware graphics
`
`engines, which were developed in my UNC research group, pioneered several
`
`rendering techniques, for example, “tiled rendering”, a method now adopted world-
`
`wide in the Graphics Processing Units (GPUs) in computers of all sizes. The Pixel-
`
`Planes 5 project validated the tiled approach, a method of parallel rendering of an
`
`
`
`14
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`image in order of rectangular tiles, and introduced many of the techniques now
`
`standard for tiled renderers.
`
`11.
`
`I have taught courses on computer graphics and related topics at UNC
`
`Chapel Hill, at University of Texas at Dallas, and at TU Wien. These courses often
`
`covered subjects such as stereoscopic displays and other 3D display technologies
`
`and applications. I am a named inventor on 20 patents and several pending patent
`
`applications, several of which involve stereoscopic display, autostereoscopic
`
`displays, and other 3D display technologies and applications. Examples of a few
`
`such patents are provided below.
`
`12. US Patent No. 9,361,727 (issued June 7, 2016) to inventors H. Fuchs,
`
`L. McMillan, and A. Nashel, titled “Methods, systems, and computer readable media
`
`for generating autostereo three-dimensional views of a scene for a plurality of
`
`viewpoints using a pseudo-random hole barrier,” describes a system for generating
`
`stereoscopic display for multiple users without the need for any special eyewear.
`
`13. US Patent No. 8,896,655 (issued November 25, 2014) to inventors J.
`
`Mauchly, M. Marathe, H. Fuchs, and J. Frahm, titled “System and method for
`
`providing depth adaptive video conferencing,” is about creating a combined image
`
`from panoramic image data of a conferencing room captured by a first camera and
`
`close-up image data of one or more conference participants captured through a
`
`second camera.
`
`
`
`15
`
`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`14. US Patent No. 5,870,136 (issued February 9, 1999) to inventors H.
`
`Fuchs, M. Livingston, T. Bishop, and G. Welch, titled “Dynamic generation of
`
`imperceptible structured light for tracking and acquisition of three dimensional scene
`
`geometry and surface characteristics in interactive three dimensional computer
`
`graphics applications,” solves registration and occlusion problems in augmented
`
`reality systems.
`
`15. U.S. Patent 4,607,255 (issued Aug. 19, 1986) to inventors H. Fuchs and
`
`S. Pizer, titled “Three dimensional display using a varifocal mirror,” teaches a
`
`method for creating a true 3-D display which presents stereoscopic views to multiple
`
`users simultaneously using a vibrating varifocal mirror, a point-plotting CRT, and a
`
`conventional 2D color video system.
`
`16.
`
`I have been honored with multiple awards, including the ACM
`
`SIGGRAPH Steven A. Coons Award, considered the highest award in the field of
`
`computer graphics. I am a member of the National Academy of Engineering, one of
`
`about 20 computer graphics specialists who are members. I am also a fellow of the
`
`American Academy of Arts and Sciences, a fellow of the ACM and IEEE. I received
`
`an honorary doctorate from TU Wien, the Vienna University of Technology, in
`
`2018, one of two conferred that year.
`
`17.
`
`I believe that I am qualified to opine as a technical expert in this
`
`proceeding. The ’048 patent is about three-dimensional graphical user interfaces
`
`
`
`16
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`

`

`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`(“3D-GUIs”), and I have obtained ample knowledge and experience in this area over
`
`the years. Indeed, a portion of my work in the 1970s and 1980s focused on the
`
`computer graphics hardware improvements necessary to transform consumer-level
`
`3D-GUIs from a theoretical concept to an obtainable reality. Since that time, I’ve
`
`led extensive research and development efforts on 3D-GUIs, generally and with a
`
`particular focus on virtual reality and augmented reality applications. Like 3D
`
`environments portrayed on conventional 2D screens, such as the ’048 patent
`
`describes, augmented and virtual reality 3D-GUIs leverage depth cues (e.g.,
`
`perspective, size, and occlusion) to create the illusion that virtual spaces and objects
`
`have real-world depth. Given this similarity, there is significant overlap between the
`
`various types of the 3D-GUIs, including from an underlying technology perspective
`
`and a design perspective.
`
`18.
`
`I therefore believe that I have a detailed understanding of the state of
`
`the art during the relevant period, as well as a sound basis for opining how persons
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`of skill in the art at that time would understand the technical issues in this case.
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`19. Additional details about my employment history, fields of expertise,
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`and publications are included in my curriculum vitae (attached as Appendix A).
`
`III. LEGAL PRINCIPLES
`
`20.
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`In forming my analysis and conclusions expressed in this Declaration,
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`I have applied the legal principles described in the following paragraphs, which were
`
`
`
`17
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`provided to me by counsel for the Petitioner.
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`A. Person of Ordinary Skill in the Art
`21.
`I understand that the factors considered in determining the ordinary
`
`level of skill in a field of art include: the level of education and experience of persons
`
`working in the field; the types of problems encountered in the field; the teachings of
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`the prior art regarding solutions to such problems; and the sophistication of the
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`technology at the time of the alleged invention. I understand that a person of
`
`ordinary skill in the art (“POSITA”) is not a specific real individual, but rather is a
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`hypothetical individual having the qualities reflected by the factors above and
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`knowledge of all relevant prior art references, including the references I cite below.
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`B. Obviousness
`22.
`I have been informed that a patent claim is invalid as “obvious” in light
`
`of one or more prior art references if it would have been obvious to a POSITA at the
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`time of the alleged invention, taking into account (1) the scope and content of the
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`prior art, (2) the differences between the prior art and the claims, (3) the level of
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`ordinary skill in the art, and (4) any so called “secondary considerations” of non-
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`obviousness, which include: (i) “long-felt but unresolved need” for the claimed
`
`invention, (ii) commercial success attributable to the claimed invention, (iii)
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`unexpected results of the claimed invention, and (iv) “copying” of the claimed
`
`invention by others.
`
`
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`18
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`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`23. While I do not know the exact date that the alleged invention of the
`
`’048 patent was made, I do know that the ’048 patent’s earliest claimed priority date
`
`is September 13, 2005. For purposes of my obviousness analysis, I have applied a
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`date of September 13, 2005 as the date of the alleged invention (“Critical Date”),
`
`although in many cases the same analysis would hold true even if the date of the
`
`alleged invention were earlier or later.1
`
`24.
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`I have been informed that a claim can be obvious in light of a single
`
`prior art reference or multiple prior art references. To be obvious in light of a single
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`prior art reference or multiple prior art references, there must be a reason that would
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`have prompted a POSITA to modify or supplement the single prior art reference, or
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`to combine two or more references, in a manner that provides the elements of the
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`claimed invention. This reason may come from a teaching, suggestion, or
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`motivation to combine, or may come from the reference(s) themselves, the
`
`knowledge or “common sense” of a POSITA, or from the nature of the problem to
`
`be solved, and this reason may be explicit or implicit from the prior art as a whole.
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`I have been informed that, under the law, the combination of familiar elements
`
`according to known methods is likely to be obvious when it does no more than yield
`
`
`1 Note, however, that I do not concede that the ’048 patent is entitled to its earliest
`
`claimed priority date.
`
`
`
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`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`predictable results. I also understand it is improper to rely on hindsight in making
`
`the obviousness determination.
`
`25.
`
`I understand that an obviousness determination also requires that a
`
`POSITA would have had a reasonable expectation of success. This concept has been
`
`explained to me as relating to the relative likelihood or predictability—from the
`
`perspective of a POSITA—of successfully modifying the prior art in a manner that
`
`would meet the claimed limitations of the patent being challenged (here the ’048
`
`patent). I understand that the expectation of success need only be “reasonable” and,
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`thus, does not require the absolute certainty gleaned from physically creating the
`
`proposed prior art modification.
`
`C. Claim Interpretation
`26.
`I understand that, for purposes of my analysis in this inter partes review
`
`proceeding, the terms appearing in the patent claims should be interpreted according
`
`to their “ordinary and customary meaning.” In determining the ordinary and
`
`customary meaning, I understand that the words of a claim are first given their plain
`
`meaning that those words would have had to a person of ordinary skill in the art at
`
`the time of the alleged invention. I also understand that the structure of the claims,
`
`the specification and file history may be used to better construe a claim. Moreover,
`
`I understand that even treatises and dictionaries may be used, albeit under limited
`
`circumstances, to determine the meaning attributed by a person of ordinary skill in
`
`
`
`20
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`the art to a claim term.
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`27.
`
`I have been informed by counsel for Petitioner that the parties proposed
`
`constructions for certain claim terms in the ’048 patent in the co-pending litigation.
`
`I am not involved in the co-pending litigation and do not have direct knowledge of
`
`the events in that proceeding. Nor do I provide an opinion on claim construction in
`
`this proceeding. Note, however, that I have addressed the parties’ proposed
`
`constructions in my obviousness analysis below in Section VII and VIII.
`
`IV. PERSON OF ORDINARY SKILL IN THE ART
`
`28. Based on my knowledge and experience in the field and my review of
`
`the ’048 patent and its file history, I believe that a POSITA would have included a
`
`Bachelor’s of Science degree in computer science or a comparable field and at least
`
`two years of professional experience working with 2D and 3D graphical user
`
`interfaces. Such experience could be obtained through research and study in a
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`graduate program or through comparable exposure through industry employment,
`
`and additional years of experience could substitute for the advanced-level degree.
`
`29. Accordingly, my analysis and conclusions expressed in this Declaration
`
`are based on the perspective of a POSITA having this level of knowledge and skill.
`
`My education, technical expertise and personal knowledge discussed in Section II
`
`shows that I meet the qualifications of a POSITA.
`
`
`
`21
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`V. MATERIALS CONSIDERED
`
`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`30. My analysis in this Declaration is based on my knowledge and
`
`experience. Based on my above-described qualifications in Section II, the Patent
`
`Trial and Appeal Board should consider me to be an expert in the field. Also, based
`
`on my experiences, I understand and know of the capabilities of persons of ordinary
`
`skill in this field.
`
`31. As part of my independent analysis for this Declaration, I have
`
`considered the following: the ’048 patent (EX1001) and its prosecution history
`
`(EX1002); the background knowledge/technologies that were commonly known to
`
`persons of ordinary skill; my own knowledge and experience gained from my work
`
`in the field; my experience in teaching and advising others in this field; and my
`
`experience working with others involved in this field. In addition, I have analyzed
`
`the following publications and materials:
`
`EX1004 U.S. Patent No. 6,414,677 (“Robertson”)
`EX1005 Preston Gralla, Que, HOW THE INTERNET WORKS (6th Ed. 2002)
`(“Gralla”)
`EX1006 U.S. Publication No. 2005/0086612 (“Gettman”)
`EX1007 U.S. Publication No. 2006/0230356 (“Sauve”)
`EX1008 U.S. Patent No. 6,577,330 (“Tsuda”)
`Stuart K. Card, et al., ACM Conference on Human Factors in
`Computing Systems (CHI), THE INFORMATION VISUALIZER, AN
`INFORMATION WORKSPACE (1991)
`EX1011 Robertson, et al., ACM Symposium on User Interface Software and
`Technology (UIST), THE DOCUMENT LENS (1993)
`EX1012 Robertson, et al., Communications of the ACM, Vol. 36, No. 4,
`INFORMATION VISUALIZATION USING 3D INTERACTIVE ANIMATION
`
`EX1010
`
`
`
`22
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`Attorney Docket No. 50095-0108IP1
`IPR of U.S. Patent No. 8,881,048
`
`
`EX1023
`
`EX1025
`
`EX1026
`
`EX1027
`
`EX1029
`
`(1993)
`3D DESKTOP PROJECT BY SUN MICROSYSTEMS: A REVOLUTION
`EX1013
`EVOLUTION OF TODAY’S DESKTOP (2004)
`EX1014 U.S. Patent No. 5,880,733
`EX1015
`European Patent Application No. 0 856 786
`EX1016 U.S. Patent No. 6,909,443
`EX1017 U.S. Patent No. 6,661,426
`EX1018 U.S. Publication No. 2003/0142136
`EX1019 U.S. Publication No. 2006/0107229
`EX1020 U.S. Publication No. 2006/01