UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SONY INTERACTIVE ENTERTAINMENT LLC
`Petitioner,
`
`v.
`
`QUANTUM IMAGING LLC
`Patent Owner.
`
`Case No. IPR2023-00959
`U.S. Patent No. 10,255,724
`
`DECLARATION OF MR. DAVID CRANE
`
`Sony Exhibit 1004
`Sony v. Quantum
`
`

`

`TABLE OF CONTENTS
`
`INTRODUCTION ............................................................................................. 1
`I.
`II. BACKGROUND AND QUALIFICATIONS ................................................... 2
`A.
`Publications ........................................................................................... 5
`III. ASSIGNMENT AND MATERIALS CONSIDERED ...................................... 8
`IV. UNDERSTANDING OF THE LAW ................................................................ 9
`V. LEVEL OF SKILL IN THE ART ................................................................... 13
`VI. THE ‘724 PATENT’S EFFECTIVE FILING DATE ..................................... 15
`VII. THE ‘724 PATENT ......................................................................................... 15
`A.
`Overview ............................................................................................. 15
`B.
`Prosecution History of the ‘724 Patent ............................................... 21
`The ‘724 Patent’s Claims .................................................................... 22
`C.
`1.
`Claim 1: ..................................................................................... 22
`2.
`Claim 2: The system according to claim 1, wherein said
`program of said processor further comprises: at least one
`graphical user interface (GUI) module. .................................... 24
`Claim 3: The system according to claim 1, wherein said
`program of said processor further comprises: at least one
`content logic module directed to accounting, sponsor and
`users, transactions, and collecting content in real-time
`and injecting said content into the virtual thematic
`environment. ............................................................................. 24
`Claim 4: The system according to claim 1, further
`comprising: at least one data storage. ....................................... 24
`Claim 5: The system according to claim 1, wherein said
`program of said processor further comprises: at least one
`communication module which provides access to various
`network services and connection options. ................................ 24
`Claim 6: The system according to claim 5, wherein said
`communication module includes network and security
`features which provide integrity of users and secure
`i
`
`3.
`
`6.
`
`4.
`
`5.
`
`

`

`7.
`
`9.
`
`8.
`
`interaction between the virtual thematic environment and
`sponsors. .................................................................................... 24
`Claim 7: The system according to claim 6, wherein said
`security features include authentication, anti-cheating
`mechanisms, and financial audit functions. .............................. 24
`Claim 9: The system according to claim 2, wherein said
`GUI module comprises: a physics engine which controls
`behavior of objects affected by laws of nature. ........................ 24
`Claim 10: The system according to claim 2, wherein said
`GUI module comprises: an Artificial Intelligence (AI)
`engine which controls behavior of objects and the virtual
`thematic environment. ............................................................... 24
`10. Claim 11: The system according to claim 2, wherein said
`GUI module comprises: a mini-applications library. ............... 24
`11. Claim 12: The system according to claim 2, wherein said
`GUI module comprises: a thematic
`application/publication/game content component which
`provides a storage facility for all thematic content
`required in the virtual thematic environment. ........................... 25
`12. Claim 13: The system according to claim 2, wherein said
`GUI module comprises: a networking interface which
`provides access to various network services required to
`support a server environment. ................................................... 25
`13. Claim 14: The system according to claim 2, wherein said
`GUI module comprises: a thematic
`application/publishing/game logic and scripting
`component which takes data from a rule set and from
`external sources and modifies the virtual thematic
`environment. ............................................................................. 25
`14. Claim 16: The system according to claim 3, wherein said
`content logic module comprises: an accounting, billing,
`and customer support module which provides for
`information modification and customer support,
`including billing. ....................................................................... 25
`15. Claim 18: The system according to claim 3, wherein said
`ii
`
`

`

`content logic module comprises: a reporting tools module
`which provides internal and external reporting tools. .............. 25 
`16.  Claim 20: The system according to claim 4, wherein said
`data storage comprises: a real-time thematic environment
`database which maintains a state of each user and the
`virtual thematic environment. ................................................... 25 
`17.  Claim 21: The system according to claim 1, further
`comprising a product placement interface within said
`virtual thematic environment, which seamlessly connects
`to a product sponsor external to said virtual thematic
`environment, at which a product is sold. .................................. 25 
`18.  Claim 22: The system according to claim 1, further
`comprising: a timing mechanism which requires that a
`task performed on the worldwide web or internet must be
`performed within a certain period of time or on a
`competitive level with one or more opponents at a
`sponsored internet site. .............................................................. 25 
`19.  Claim 23: The system according to claim 21, further
`comprising: a purchase mechanism which allows real-
`world credit or virtual credit to be used for payments of
`said product at said internet website of said product
`sponsor. ..................................................................................... 26 
`VIII. CLAIM CONSTRUCTION ............................................................................. 26 
`A.  Quantum Imaging Environment Module (QIE) .................................. 27 
`B. 
`graphics user interface (GUI) module ................................................. 28 
`C. 
`virtual thematic environment .............................................................. 28 
`IX.  UNPATENTABILITY ANALYSIS ................................................................ 29 
`A. 
`Background Information ..................................................................... 29 
`1. 
`Sponsored Content .................................................................... 29 
`2. 
`Advertising served into network-connected systems ............... 30 
`3. 
`Using a Web Browser as a Virtual Environment Game
`Player......................................................................................... 31 
`Overview of the Prior Art .................................................................... 37 
`iii
`
`B. 
`
`
`
`

`

`1. 
`2. 
`
`U.S. Patent No. 5,933,811 to Angles et al. (“Angles”) ............. 37 
`U.S. Patent No. 7,168,051 to Robinson et al.
`(“Robinson”) ............................................................................. 46 
`Ground 1: Claims 1-7, 9-14, 16, 18, and 20-23 Are Obvious
`Over U.S. Patent No. 5,933,811 to Angles et al. (“Angles”) in
`View of the Knowledge of a POSITA ................................................ 57 
`1. 
`Claim-By-Claim Analysis ......................................................... 59 
`D.  Ground 2: Claims 1-7, 9-14, 16, 18, and 20-23 Are Obvious
`Over U.S. Patent No. 7,168,051 to Robinson et al. (“Robinson”)
`in View of the Knowledge of a POSITA ............................................ 94 
`1. 
`Claim-By-Claim Analysis ......................................................... 97 
`Secondary Considerations of Non-Obviousness ............................... 126 
`
`C. 
`
`E. 
`
`
`
`iv
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`I.
`
`INTRODUCTION
`1.
`I have been retained by the firm of KXT Law representing Sony
`
`Interactive Entertainment LLC (“Sony” or “Petitioner”) as an independent expert
`
`consultant in this proceeding before the Patent Trial and Appeal Board (“PTAB”)
`
`of United States Patent and Trademark Office (“PTO”). I am not an employee of
`
`Sony or any affiliate or subsidiary of Sony.
`
`2.
`
`I have been asked to provide my opinions and analysis regarding the
`
`subject matter of the ‘724 patent. I am being compensated at my ordinary and
`
`customary rate of $500 per hour for my work, plus reimbursement for any
`
`reasonable expenses. My compensation is based solely on the amount of time that I
`
`devote to activity related to this case and is in no way contingent on the nature of
`
`my findings, the presentation of my findings in testimony, or the outcome of this or
`
`any other proceeding. I have no other financial interest in this proceeding.
`
`3.
`
`This declaration is based on information currently available to me. I
`
`reserve the right to modify, amend and/or supplement my opinions in response to
`
`any additional information that becomes available to me, and/or in light of any
`
`relevant orders from the PTAB.
`
`4.
`
`To the extent I am asked to testify in this proceeding, I may provide
`
`background on the issues at hand and reserve the right to use visual aids to
`
`illustrate my testimony.
`
`
`
`1
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`II. BACKGROUND AND QUALIFICATIONS
`5. My curriculum vitae (“CV”) is provided as (“Ex. 1005”) and provides
`
`an accurate identification of my background and experience.
`
`6.
`
`I am a world-renowned video game designer and game industry
`
`pioneer. I received a Bachelor of Science in Electronic Engineering Technology in
`
`1975 from DeVry Institute of Technology, Phoenix, Arizona. This degree course
`
`of study included grounding in all areas of electronic circuitry and computer
`
`programming.
`
`7.
`
`I have an engineering, gaming, and programming background going
`
`back more than 40 years. I built my first computer—an unbeatable Tic-Tac-Toe
`
`computer—at the age of 14 and graduated high school able to program IBM
`
`mainframe computers in 3 languages.
`
`8.
`
`I began my professional engineering career at National Semiconductor
`
`in 1975 developing integrated circuits and working with early analog-to-digital and
`
`digital-to-analog converters. I brought microprocessor automation techniques to
`
`the IC development and testing processes.
`
`9.
`
`In 1977, I joined Nolan Bushnell’s Atari Inc., developing games for
`
`the Atari Video Computer System. In a period of one year, my games generated
`
`approximately $15 million in sales revenues for the company. While at Atari I
`
`developed a number of programming techniques incorporated in dozens, if not
`
`
`
`2
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`hundreds of video games. I developed for publication several game products while
`
`at Atari, including an electronic Slot Machine game program in 1978.
`
`10.
`
`In 1979, I co-founded Activision, Inc., the first third-party publisher
`
`of video game cartridges. Activision grew to over $300 million in value in three
`
`years and is now the largest video game publisher in the world with a market
`
`capitalization of over $60 billion.
`
`11. During my tenure at Activision, I designed and programmed many hit
`
`games with unit sales over 500,000. One such example is the game Pitfall!™
`
`which sold over 3,500,000 copies and held the #1 spot on the Billboard Charts for
`
`64 consecutive weeks. Pitfall!™ generated over $50 million in wholesale revenues
`
`and spawned numerous other products including many sequels, toys, and a
`
`Saturday morning cartoon.
`
`12. Throughout my 40+ year career I have focused on video game
`
`technology as it evolved, creating and publishing more than 80 commercial game
`
`products generating over $400 million in revenues. I have designed and
`
`programmed games on virtually every video game system invented, from the early
`
`days of Atari and Magnavox through to present-day systems such as the iPhone
`
`and iPad.
`
`13.
`
`I have received many other awards for my work and career. Most
`
`notably, I received one of the Academy of Interactive Arts and Sciences lifetime
`
`
`
`3
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`honors: The Pioneer Award, celebrating my foundational and continuing work in
`
`the creation and development of the video game business. This singular honor,
`
`presented to me in 2010, was the inaugural award in a new category. I was the first
`
`to receive this award out of everyone who had ever worked in the video game
`
`industry throughout its entire history.
`
`14. Additional awards include Game Designer of the Year (twice), the
`
`prestigious 2003 Game Developer Choice Award for contribution to the field, and
`
`the Lifetime Achievement Award in Video Games from Classic Gaming Expo. In
`
`addition to these personal honors, many of the individual games that I have
`
`developed have also received numerous awards.
`
`15.
`
`I am a regular speaker and/or panelist at video game industry trade
`
`events such as the D.I.C.E. Summit (Design, Innovate, Communicate & Entertain),
`
`and GDC (Game Developers Conference). I have spoken at gatherings of game
`
`business executives (such as at the Pepperdine University Graziadio School of
`
`Business and Management), and I am featured annually at many consumer-focused
`
`game events. I have been profiled in national press publications including Forbes
`
`Magazine and Newsweek, and I have been interviewed by such diverse
`
`publications as television’s 20/20 News Magazine and the G4 Television Network.
`
`
`
`4
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`A.
`Publications
`16. A partial list of the published game titles for which I am responsible
`
`for the game design and/or programming would include: Canyon Bomber, Outlaw,
`
`Slot Machine, Pitfall!, Pitfall II, Lost Caverns, Freeway, Laser Blast, Fishing
`
`Derby, Dragster, Grand Prix, A Boy and His Blob, The Rescue of Princess
`
`Blobette, Ghostbusters, Skateboardin’, Super Skateboardin’, The Activision
`
`Decathlon, T*O*Y*S, Transformers, the computer game, David Crane’s Amazing
`
`Tennis, Bart Simpson’s Escape from Camp Deadly, CHOMP, Arcade Bowling,
`
`Ten Pin Championship Bowling, Stellar Blast, Arcade Hoops, 3 Point Hoops, QB
`
`Pass Attack, Field Goal Frenzy, Lotto Letters, Super Swish, Stellar Blast, Mariner
`
`Hybrid Infomercial, Lacrosse, Beach Volleyball, Spiderman Climbing game,
`
`Miller Seat Salsa, Super Cocoa Man, Break the Rules Hoops, Downfield Strike,
`
`Mini Motocross, Robopup Run, Toyota 4runner Challenge, Tyco RC Speed
`
`Wrench, Vertical Jam, E.T.’s Adventure, Bubble Yum Home Run Derby, Bubble
`
`Yum Bullpen Blast, Gummi Savers Egg Hunt, Foul Shot Shootout, Life Savers
`
`Water Park Pinball, Field Goal Challenge, Crème Savers Bowling, Golf Solitaire,
`
`Skyworks Lanes Bowling, Carefree on Ice, Gummi Savers Rock-N-Skate, YIPES!
`
`Photo Safari, Ice Breakers Slap Shot Shootout, Southpark Pinball, Breath Savers
`
`Road Rally, Ford NASCAR racing challenge, MTv Cranks Dirt Bike Game, Ice
`
`Breakers Ultimate Bobsled, Breath Savers Billiards, Snackwells Chocolate Factory
`
`
`
`5
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`Pinball, Snowboard Big Air, Skate Rage Inline Skating, Candystand Miniature
`
`Golf, Hole In One Golf, Lifesavers Word Challenge, Candystand Open Tennis,
`
`Mountain Climbing, 3 Point Shootout, Grand Slam Pinball, Nabisco World Team
`
`Racing, Soccer Shootout, LifeSavers Treasure Hunt, Oreo Adventure, LifeSavers
`
`Roll-A- ball, Air Crisps Slam Dunk, Fruit Chews BMX, and Postopia Bowling. A
`
`more complete list of these titles is included in my Curriculum Vitae, see Exhibit
`
`1005..
`
`17.
`
`In 1995 I co-founded Skyworks, Inc., a company dedicated to creating
`
`advertising-sponsored browser-based games served to, and played in, a consumer’s
`
`home computer. At its peak around the year 2000, Skyworks games were serving
`
`over 80 million game plays per month.
`
`18. More than 50 of the games noted in my CV, (those listed as “Online
`
`Games”), integrated advertising into the browser page serving the game, integrated
`
`advertising into the game itself, or both. More than a dozen of these games
`
`integrated advertising into the game-playing experience prior to the year 2002.
`
`Each of the Online Games that I developed communicated online between a game
`
`computer and a central game server either before, during, or after game play. These
`
`games include those where a server communicated with, and synchronized game
`
`play between client computers, those in which the game was managed by the game
`
`server, and those in which the server was used to keep and track game statistics.
`
`
`
`6
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`19. Many of the games I developed required expertise in 3D
`
`environments, such as Little Computer People™, Transformers®: Battle to Save
`
`the Earth, David Crane’s Amazing Tennis™, Spiderman®, Toyota® 4runner®
`
`Challenge, Boxer’s Road, Bubble Yum® Home Run Derby, Foul Shot Shootout,
`
`and Skyworks Lanes Bowling to name a few. Other games I developed took said
`
`3D environment expertise into the realm of true Virtual Reality (VR), including
`
`war-themed games such as Battletech: Gray Death Legions (rendering mechanical
`
`“mech warriors” in a virtual environment) and Warrior 2000 (rendering soldiers in
`
`futuristic military exoskeletons); an auto-themed terrain simulation for the BMW
`
`X3; and a sports-themed 3D golf game for The Weather Channel that was served
`
`simultaneously with the Masters golf tournament - complete with real-world
`
`matching terrain, hole placements, and weather. I was also a lead designer and
`
`programmer for “The Road,” a VR experience with open-road driving, sponsored
`
`buildings and billboards, and destination locations including a bowling alley and
`
`arcade (with 3D lobby for social interaction and player pairing). I have extensive
`
`experience with 3D environments and VR gaming.
`
`20. As explained in my CV, I am also extensively familiar with a variety
`
`of different programming languages, including mainframe computer languages like
`
`FOTRAN, COBOL, and BASIC, numerous microprocessor assembly languages,
`
`several microprocessor programming languages like C and JAVA, scripting
`
`
`
`7
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`languages like JavaScript and HTML, and engineering languages employed by
`
`modern mobile devices like SPICE and VHDL.
`
`III. ASSIGNMENT AND MATERIALS CONSIDERED
`21.
`I have been asked to provide analysis and explain the subject matter of
`
`the ‘724 patent, including the state of the art when the ‘724 patent application was
`
`filed. I have also been asked to consider, analyze, and explain certain prior art to
`
`the ‘724 patent, including how that art relates to the challenged claims of the ‘724
`
`patent and to provide my opinions regarding whether that art invalidates the
`
`claimed subject matter.
`
`22. The opinions expressed in this declaration are not exhaustive of
`
`opinions I may offer in the future regarding the unpatentability of the claims of the
`
`‘724 patent. Therefore, the fact that I do not address a particular point should not
`
`be understood to indicate an agreement on my part that any claim complies with
`
`the requirements of any applicable patent or other rule.
`
`23.
`
`I reserve the right to amend and supplement this declaration in light of
`
`additional evidence, arguments, or testimony presented during this IPR or related
`
`proceedings on the ‘724 patent.
`
`24.
`
`In forming the opinions set forth in this declaration, I have considered
`
`and relied upon my education, knowledge of the relevant field, knowledge of
`
`scientific and engineering principles, and my experience, as well as external
`
`
`
`8
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`materials cited in the body of this declaration. I have also reviewed and considered
`
`the ‘724 patent (Ex. 1001), its prosecution history (Ex. 1003), and the following
`
`additional materials:
`
`Exhibit
`Ex. 1007
`Ex. 1008
`
`
`
`Description
`U.S. Patent No. 5,933,811 to Angles et al. (“Angles”)
`U.S. Patent No. 7,168,051 to Robinson et al. (“Robinson”)
`
`IV. UNDERSTANDING OF THE LAW
`25.
`I am not an attorney but have been instructed in and applied the law as
`
`described in this section.
`
`26.
`
`I understand that the first step in comparing an asserted claim to the
`
`prior art is for the claim to be properly construed. I address how a person of
`
`ordinary skill in the art (“POSITA”) would have understood the claims of the
`
`alleged invention in Section V below.
`
`27.
`
`I have been further instructed and understand that a patent claim is
`
`unpatentable and invalid as obvious if the subject matter of the claim as a whole
`
`would have been obvious to a POSITA of the claimed subject matter as of the time
`
`of the invention at issue. I understand that when assessing the obviousness of
`
`claimed subject matter, the following factors are evaluated: (1) the scope and
`
`content of the prior art; (2) the difference or differences between each claim of the
`
`patent and the prior art; and (3) the level of ordinary skill in the art at the time the
`
`patent was filed.
`
`
`9
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`28.
`
`I understand that claimed subject matter may be obvious in view of
`
`prior art. I understand that the knowledge and understanding of a POSITA is
`
`relevant to an obviousness analysis. I understand, however, that it is not enough to
`
`show simply that all the limitations of the claimed subject matter are spread
`
`throughout the prior art. Instead, for claimed subject matter to be obvious over
`
`multiple references, including the knowledge of a POSITA, there must be some
`
`reason or motivation for a POSITA to combine the prior art references to arrive at
`
`the claimed subject matter. I understand that this motivation to combine need not
`
`be explicit in any of the prior art, but may be inferred from the knowledge of a
`
`POSITA at the time the patent was filed. I further understand that a single piece of
`
`prior art that discloses fewer than all of the elements of a patent claim may render a
`
`patent claim obvious if including the missing element would have been obvious to
`
`a POSITA (e.g., the missing element represents only an insubstantial difference
`
`over the prior art).
`
`29.
`
`I understand that a patent claim is obvious if the differences between
`
`the subject matter claimed and the prior art are such that the subject matter as a
`
`whole would have been obvious during the relevant time period (e.g., at the time of
`
`the alleged invention). I understand that the obviousness analysis must focus on the
`
`knowledge available to a POSITA during the relevant time period in order to avoid
`
`impermissible hindsight. I further understand that the obviousness inquiry assumes
`
`
`
`10
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`that the POSITA would have knowledge of all relevant references available during
`
`the relevant time period.
`
`30.
`
`I have been informed and understand that, while not required, each
`
`prior art reference itself may provide a teaching, suggestion, motivation, or reason
`
`to combine, but other times the motivation linking the prior art references is
`
`common sense to a POSITA at the time of the invention.
`
`31.
`
`I understand that a particular combination may be proven obvious by
`
`showing that it was obvious to try the combination. I have been informed that, if a
`
`technique has been used to improve one device, and a POSITA would recognize
`
`that it would improve similar devices in the same way, using the technique is
`
`obvious unless its actual application is beyond his or her skill.
`
`32.
`
`I further understand that an obviousness analysis recognizes that
`
`market demand, rather than scientific literature, often drives innovation, and that a
`
`motivation to combine references also may be supplied by the direction of the
`
`marketplace. For example, when there is a design need or market pressure to solve
`
`a problem and there are a finite number of identified, predictable solutions, a
`
`POSITA has good reason to pursue the known options within his or her technical
`
`grasp because the result is likely the product not of innovation but of ordinary skill
`
`and common sense.
`
`
`
`11
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`33.
`
`I have been informed that the combination of familiar elements
`
`according to known methods is likely to be obvious when it does no more than
`
`yield predictable results. Thus, where all of the elements of a claim are used in
`
`substantially the same manner, in devices in the same field of endeavor, the claim
`
`is likely obvious.
`
`34. Additionally, I understand that a patent is likely to be invalid for
`
`obviousness if a POSITA can implement a predictable variation or if there existed
`
`at the time of the invention a known problem for which there was an obvious
`
`solution encompassed by the patent’s claims. Therefore, when a work is available
`
`in one field of endeavor, design incentives and other market forces can prompt
`
`variations of it, either in the same field or a different one.
`
`35.
`
`I further understand that combining embodiments related to each other
`
`in a single prior art reference would not ordinarily require a leap of inventiveness.
`
`36.
`
`I also understand that a POSITA must have had a reasonable
`
`expectation of success when combining references for claimed subject matter to be
`
`obvious.
`
`37.
`
`I have been informed and I understand that factors referred to as
`
`“objective indicia of non-obviousness” or “secondary considerations” are also to
`
`be considered when assessing obviousness when such evidence is available. I
`
`understand that these factors can include: (1) commercial success; (2) long-felt but
`
`
`
`12
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`unresolved needs; (3) copying of the invention by others in the field; (4) initial
`
`expressions of disbelief by experts in the field; (5) failure of others to solve the
`
`problem the claimed subject matter solved; and (6) unexpected results.
`
`38.
`
`I also understand that evidence of objective indicia of non-
`
`obviousness must be commensurate in scope with the claimed subject matter. I
`
`further understand that there must be a relationship, sometimes referred to as a
`
`“nexus,” between any such secondary indicia and the claimed invention.
`
`39. Finally, I have been informed that one cannot use hindsight to
`
`determine that an invention was obvious.
`
`40.
`
`I provide my opinions in this declaration based on the guidelines set
`
`forth above.
`
`V. LEVEL OF SKILL IN THE ART
`41.
`I have been informed and understand that the level of ordinary skill in
`
`the relevant art at the time of the invention is relevant to inquiries such as the
`
`meaning of claim terms, the meaning of disclosures found in the prior art, and the
`
`reasons a POSITA may have for understanding the claim terms.
`
`42.
`
`I have been informed and understand that factors that may be
`
`considered in determining the level of ordinary skill include: (1) the education of
`
`the inventor; (2) the type of problems encountered in the art; (3) prior art solutions
`
`to those problems; (4) rapidity with which innovations are made; (5) sophistication
`
`
`
`13
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`of the technology; and (6) education level of active workers in the relevant field. I
`
`have been further informed and understand that a POSITA is also a person of
`
`ordinary creativity.
`
`43. A POSITA in the technology field of the ‘724 patent would, in my
`
`opinion, have had a bachelor’s degree in computer engineering, computer science,
`
`or a similar discipline, and/or two years of professional experience in the fields of
`
`networking and network-based systems or applications, such as client-server and
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`web-based systems, in the specific context of console and gaming or an equivalent
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`level of skill, knowledge, and experience. A POSITA would have at least a
`
`general knowledge of online and in-game advertising methods prevalent in the
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`field, as well as at least a general knowledge of 3D rendering and virtual reality.
`
`44.
`
`In view of my educational background (e.g., a Bachelor of Science in
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`Electronic Engineering Technology obtained in 1975) and decades of computer
`
`programming experience—including experience with advertising-supported games
`
`as discussed above in Section II—I was a person of more than the ordinary level of
`
`skill in the art as of the date of the ‘724 application. In forming my opinion, I have
`
`drawn on my academic background and professional experiences. My opinions
`
`herein, however, were formed taking into account the perspective of an ordinarily
`
`skilled artisan.
`
`
`
`14
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`

`

`Ex. 1004 (“Crane Decl.”)
`
`VI. THE ‘724 PATENT’S EFFECTIVE FILING DATE
`45. The filing date of the application that ultimately resulted in the ‘724
`
`patent is listed on the face of the patent as August 4, 2011. I am informed that the
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`‘724 patent is not entitled to any priority prior to March 22, 2004. I am also
`
`informed that the Patent Owner may attempt to claim an earlier priority date of
`
`October 16, 2002, and I have considered both priority dates for my analysis.
`
`VII. THE ‘724 PATENT
`A. Overview
`46. The ‘724 Patent is entitled “Interactive Virtual Thematic
`
`Environment.” Per the Abstract, the patent discloses “integrating information,
`
`including real-time information, into a virtual thematic environment using a
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`computer system” such that “The computer system includes an interactive software
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`application platform having at least:
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` one thematic / publishing logic module which contains thematic
`environment rules;
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` at least one digital content library module which provides content
`management on the thematic environment;
`
` and at least one quantum imaging environment (QIE) module
`which interprets content such that the content is manipulated and
`accessed by any device.” [Ex-1001, Abstract]
`
`47. Note that said virtual interactive environment might be, for example:
`
`
`
`15
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`“a game, or a particular website, such as a museum website, store,
`school, hospital etc., and is taken into a 3D virtual world.” [Id. 7:19-
`20]
`
`48.
`
`In the “Background of the Invention” section [Id. 1:35-40], the ‘724
`
`patent suggests that “[existing] virtual environments, especially those present on
`
`the interne (sic), for example, have not provided the user with a real world
`
`experience. Accordingly, a way to integrate audio, video, 2D and 3D technology in
`
`order to maximize the real world experience for the user, is desired.”
`
`49.
`
`In the “Summary of the Invention” section (Id. 1:44 - 2:6), and re
`
`“Business Logic 208” (Id. 17:62-65) the ‘724 patent identifies examples of real-
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`world information that might be integrated into a virtual thematic environment,
`
`including:1
`
` Audio
`
` Video
`
` Chronological
`
` Text
`
` GPS
`
`
`
`1 See also “Detailed Description of the Invention.
`
`16
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
` Product placement information from a sponsor
`
` Language translation
`
` Content from the sponsor’s websites
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` Information on time
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` Weather
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` Late-breaking news
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` Sports scores
`
` Live sports events
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` Film
`
`50. The ‘724 patent also claims automatically exiting the virtual thematic
`
`environment to “copy or grab” information:
`
`“... upon a predetermined action within said virtual thematic
`environment, automatically exit the virtual thematic environment, and
`one of copy or grab data or objects from a website external to the
`virtual thematic environment, to be utilized in the virtual thematic
`environment;” [Id. Claim 1[b]]
`
`51. Thus, the ‘724 patent teaches that a user might leave or quit the virtual
`
`thematic environment in order to navigate to a sponsor’s website, grabbing data or
`
`objects to bring back for use in the virtual thematic environment.
`
`17
`
`

`

`52. Fig. 1 is a schematic display of a “six-level logical architecture of an
`
`interactive software platform” [Id. 6:34]:
`
`Ex. 1004 (“Crane Decl.”)
`
`Ex-1001 Fig. 1
`
`
`
`53. According to the purported invention, the interactive software
`
`platform can be served to any device (See EX-1001 Abstract2) with some such
`
`devices shown at the top of Fig. 1. This alleged ability to serve an interactive
`
`experience to any device is made possible by the Quantum Imaging Engine 104
`
`
`
`2 All emphasis in this declaration is added by me unless otherwise noted.
`
`
`
`18
`
`

`

`Ex. 1004 (“Crane Decl.”)
`
`shown here. Note that Quantum Imaging Engine is not an industry term, but a
`
`“black box” that is integral to the alleged invention