UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`LEXOS MEDIA IP, LLC,
`Patent Owner.
`
`Case IPR2023-1000
`U.S. Patent No. 5,995,102
`Case IPR2023-1001
`U.S. Patent No. 6,118,449
`
`DECLARATION OF DR. CRAIG ROSENBERG
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
`OF U.S. PATENT NOS. 5,995,102 AND 6,118,449
`
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`TABLE OF CONTENTS
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`
`Page
`
`
`I.
`
`II.
`
`INTRODUCTION AND QUALIFICATIONS .............................................. 1
`A. Qualifications ....................................................................................... 2
`1.
`Education ................................................................................... 2
`2. Work Experience........................................................................ 3
`B. Materials Reviewed .............................................................................. 8
`BACKGROUND OF THE ART .................................................................. 10
`A.
`Level of Ordinary Skill in the Art ...................................................... 10
`B.
`Priority Date ....................................................................................... 12
`C. Overview of Relevant Technology When the ’102 and ’449
`Patents Were Filed.............................................................................. 13
`1.
`User Interfaces ......................................................................... 13
`2.
`Custom Cursors ........................................................................ 17
`3.
`Tooltips and Balloon Help ....................................................... 23
`4.
`Client-Server Systems .............................................................. 26
`III. THE CHALLENGED LEXOS PATENTS .................................................. 30
`A.
`Background and General Description of the Lexos Patents .............. 30
`B.
`Challenged Claims ............................................................................. 34
`C.
`Claim Construction............................................................................. 34
`IV. OVERVIEW OF GROUNDS ...................................................................... 36
`A.
`Legal Standards .................................................................................. 36
`B.
`Summary of Opinion .......................................................................... 38
`V. GROUNDS FOR INVALIDITY OF THE ’102 PATENT .......................... 39
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`TABLE OF CONTENTS
`(continued)
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`Page
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`
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`A. Ground 1: Claim 72 of the ’102 Patent Is Rendered Obvious by
`Malamud ............................................................................................. 39
`1.
`Overview of Malamud ............................................................. 39
`2.
`Claim 72 is Obvious in View of Malamud .............................. 42
`B. Ground 2: Claim 72 Is Rendered Obvious by Malamud and
`Nakagawa ........................................................................................... 55
`1.
`Overview of Nakagawa ............................................................ 56
`2. Motivations to Combine Malamud and Nakagawa ................. 58
`3.
`Claim 72 ................................................................................... 60
`C. Ground 3: Claim 72 Is Rendered Obvious by Nielsen and
`Malamud ............................................................................................. 66
`1.
`Overview of Nielsen ................................................................ 66
`2. Motivations to Combine Nielsen and Malamud ...................... 72
`3.
`Claim 72 Is Obvious in View of Nielsen and Malamud .......... 75
`VI. GROUNDS FOR INVALIDITY OF THE ’449 PATENT .......................... 82
`A. Ground 1: Claims 1, 27, 53 of the ’449 Patent are Rendered
`Obvious by Malamud ......................................................................... 82
`1. Motivation to Download Malamud’s Application
`Program from a Server, and the Obviousness of Doing So ..... 82
`Claim 1 ..................................................................................... 82
`2.
`Claim 27 ................................................................................... 88
`3.
`Claim 53 ................................................................................... 89
`4.
`B. Ground 2: Claims 1, 27, 53 of the ’449 Patent Are Rendered
`Obvious by Malamud and Nakagawa ................................................ 99
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`TABLE OF CONTENTS
`(continued)
`
`Page
`
`1. Motivation to Combine ............................................................ 99
`2.
`Claim 1 ................................................................................... 100
`3.
`Claim 27 ................................................................................. 106
`4.
`Claim 53 ................................................................................. 107
`C. Ground 3: Claims 1, 27, 38, 53 of the ’449 Patent are Rendered
`Obvious by Nielsen and Malamud ................................................... 112
`1. Motivation to Combine .......................................................... 112
`2.
`Claim 1 ................................................................................... 113
`3.
`Claim 27 ................................................................................. 120
`4.
`Claim 38 ................................................................................. 121
`5.
`Claim 53 ................................................................................. 121
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`I.
`
`INTRODUCTION AND QUALIFICATIONS
`
`1.
`
`I, Craig Rosenberg, have been retained by Amazon, Inc. (“Petitioner”)
`
`to investigate and opine on certain issues relating to United States Patent Nos.
`
`5,995,102 (“the ’102 Patent”) and 6,118,449 (“the ’449 Patent”) (collectively, “the
`
`Lexos Patents”) in their Petitions for Inter Partes Review. The Petitions request that
`
`the Patent Trial and Appeal Board (“PTAB” or “Board”) review and cancel claim
`
`72 of the ’102 Patent and claims 1, 27, 38, and 53 of the ’449 Patent.
`
`2.
`
`The opinions set forth in this declaration are based on my personal
`
`knowledge, my professional judgment, and my analysis of the materials and
`
`information referenced in this declaration and its exhibits and appendices.
`
`3.
`
`I am being compensated at a combined rate of $645 per hour for
`
`consulting services including time spent testifying at any hearing that may be held.
`
`I am also being reimbursed for reasonable and customary expenses associated with
`
`my work in this case. I receive no other forms of compensation related to this case.
`
`My compensation does not depend on the outcome of these inter partes reviews or
`
`the co-pending district court litigation, and I have no other financial interest in these
`
`inter partes reviews.
`
`4.
`
`I understand that the ’102 Patent and ’449 Patent have ostensibly been
`
`assigned to Lexos Media IP, LLC.
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`
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`5.
`
`This declaration is based on the information currently available to me.
`
`To the extent that additional information becomes available, I reserve the right to
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`continue my investigation and study, which may include a review of documents and
`
`information that may be produced, as well as testimony from depositions that have
`
`not yet been taken.
`
`A. Qualifications
`6. My qualifications to testify about the ’102 Patent and ’449 Patent and
`
`the relevant technology are set forth in my curriculum vitae (“CV”), which I have
`
`included as EX1012. In addition, a brief summary of my qualifications is included
`
`below.
`
`Education
`1.
`I graduated from the University of Washington in 1988 with a B.S. in
`
`7.
`
`Industrial Engineering. After graduation, I continued my studies at the University
`
`of Washington, earning an M.S. in Human Factors in 1990. In 1994, I graduated
`
`from the University of Washington with a Ph.D. in Human Factors. When I attended
`
`the school. the Human Factors department was part of the engineering department
`
`at the University of Washington.
`
`8.
`
`In the course of my doctoral studies, I worked as an Associate Assistant
`
`Human Factors Professor at the University of Washington Industrial Engineering
`
`
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`-2-
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`Department. My duties included teaching, writing research proposals, designing and
`
`conducting funded human factors experiments for the National Science Foundation.
`
`9. While studying at the University of Washington, I also worked as a
`
`human factors researcher and designed and performed advanced human factors
`
`experiments relating to virtual environments and interface design, stereoscopic
`
`displays, and advanced visualization research, which was funded by the National
`
`Science Foundation. My duties included user interface design, systems design,
`
`software development, graphics programming, experimental design, as well as
`
`hardware and software interfacing. My course work at the University of Washington
`
`included programming and software development, and I learned to program in
`
`several different computer languages, including C, C++, and Java.
`
`2. Work Experience
`10. Since leaving college and for the last 30 years, I have worked in the
`
`areas of user interface design, software development, software architecture, systems
`
`engineering, human factors, and modeling and simulation across a wide variety of
`
`application areas, including aerospace, communications, entertainment, and
`
`healthcare.
`
`11. For example, for the past 21 years, I have served as a consultant for
`
`various companies, including Global Technica, Sunny Day Software, Stanley
`
`
`
`-3-
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`Associates, Techrizon, CDI Corporation, and the Barr Group. In this capacity, I
`
`have provided advanced engineering services for many companies.
`
`12.
`
`I consulted for the Boeing Company for over 16 years as a senior human
`
`factors engineer, user interface designer, and software architect for a wide range of
`
`advanced commercial and military programs. Many of the projects that I have been
`
`involved with include advanced software development, user interface design, agent-
`
`based software, and modeling and simulations in the areas of missile defense,
`
`homeland security, battle command management, computer aided design,
`
`networking and communications, air traffic control, location-based services, and
`
`Unmanned Aerial Vehicle (“UAV”) command and control. Additionally, I was the
`
`lead system architect developing advanced air traffic controller workstations and air
`
`traffic control analysis applications, toolsets, and trade study simulations for Boeing
`
`Air Traffic Management.
`
`13.
`
`In one project for Boeing, I was the lead human factors engineer and
`
`user interface designer for Boeing’s main vector and raster computer aided drafting
`
`and editing system that produces the maintenance manuals, shop floor illustrations,
`
`and service bulletins for aircraft produced by the Boeing Commercial Aircraft
`
`Company.
`
`14. Additional responsibilities in my time as a consultant include system
`
`engineering, requirements analysis, functional specification, use case development,
`
`
`
`-4-
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`user stories, application prototyping, modeling and simulation, object-oriented
`
`software architecture, graphical user interface analysis and design, as well as UML,
`
`C++, C#, and Java software development.
`
`15.
`
`In 1995 and 1996, I was hired as the lead human factors engineer and
`
`user interface designer for the first two-way pager produced by AT&T. Prior to this
`
`technology, people could receive pages but had no way to respond utilizing their
`
`pager. This new technology allowed users to use a small handheld device to receive
`
`and send canned or custom text messages, access and update an address book, and
`
`access and update a personal calendar. This high-profile project involved designing
`
`the entire feature set, user interface/user interaction design and specification, as well
`
`as all graphical design and graphical design standards.
`
`16. From 1999–2001, I was the lead human factors engineer and user
`
`interface designer for a company called Eyematic Interfaces that was responsible for
`
`all user interface design and development activities associated with real-time mobile
`
`handheld 3D facial tracking, animation, avatar creation and editing software for a
`
`product for Mattel. My work involved user interface design, human factors analysis,
`
`requirements gathering and analysis, and functional specifications.
`
`17.
`
`In 2001, I was the lead user interface designer for a company called
`
`Ahaza that was building IPv6 routers. I designed the user interfaces for the
`
`configuration and control of these advanced network hardware devices. My
`
`
`
`-5-
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`responsibilities included requirements analysis, functional specification, user
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`interface design, user experience design, and human factors analysis.
`
`18.
`
`In 2006-07, I was the lead user interface designer for a company called
`
`ObjectSpeed that developed a portable handheld telephone for use in homes and
`
`businesses that had many of the same capabilities that we take for granted in mobile
`
`cellular phones. This portable multifunction device supported voice, email, chat,
`
`video conferencing, internet radio, streaming media, Microsoft Outlook integration,
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`photo taking and sharing, etc. The ObjectSpeed device was specifically designed
`
`and developed as a portable handheld device.
`
`19.
`
`I am the founder, inventor, user interface designer, and software
`
`architect of WhereWuz. WhereWuz is a company that produces advanced mobile
`
`software running on GPS-enabled smartphones and handheld devices. WhereWuz
`
`allows users to record exactly where they have been and query this data in unique
`
`ways for subsequent retrieval based on time or location. WhereWuz was specifically
`
`designed and developed to run on small handheld devices.
`
`20.
`
`I am the co-founder of a medical technology company called Healium.
`
`Healium developed advanced wearable and handheld user interface technology to
`
`allow physicians to more effectively interact with electronic medical records.
`
`21.
`
`I am the co-founder of a medical technology company called
`
`StratoScientific. StratoScientific is developing an innovative case for a smartphone
`
`
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`-6-
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`that turns a standard handheld smartphone into a full featured digital stethoscope that
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`incorporates visualization and machine learning that can be utilized for telemedicine
`
`and automated diagnosis.
`
`22.
`
`In 2012-13, I designed and developed a large software project for
`
`Disney World called xVR that allowed the operational employees of Disney World
`
`to utilize a handheld device to view the current and historical status of all of the
`
`guests of Disney World within multiple attractions as well as within one of their
`
`restaurants. The application could run in a real-time/live mode where it would
`
`display data collected from sensors that showed the location and status of all guests
`
`within the attraction; the application could also be run in a fast-time/simulated mode.
`
`The application was developed on a laptop computer and was specifically designed
`
`to run on a variety of devices, including laptops, PCs, smartphones, and tablets.
`
`23.
`
`I have received several awards for my engineering work relating to
`
`interface design, computer graphics, and the design of spatial, stereographic, and
`
`auditory displays, including a $10,000 scholarship from the I/ITSEC for advancing
`
`the field of interactive computer graphics for flight simulation and a Link Foundation
`
`award for furthering the field of flight simulation and virtual interface design. I have
`
`also created graphics for several popular book covers as well as animations for a
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`movie produced by MIRAMAR.
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`
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`-7-
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`24.
`
`I have published twenty-one research papers in professional journals
`
`and proceedings in the areas of user interface design, computer graphics, and the
`
`design of spatial, stereographic, and auditory displays. I also authored a book
`
`chapter on augmented reality displays in the book “Virtual Environments and
`
`Advanced Interface Design” (Oxford University Press, 1995). In addition, I created
`
`one of the first virtual spatial musical instruments called the MIDIBIRD that utilized
`
`the MIDI protocol, two six-dimensional spatial trackers, a music synthesizer, and a
`
`computer graphics workstation to create an advanced and novel musical instrument.
`
`B. Materials Reviewed
`In formulating my opinions in this matter, I have considered the
`25.
`
`following materials:
`
`Exhibit No.
`
`Description
`
`EX1001
`
`EX1002
`
`EX1004
`
`EX1005
`
`U.S. Patent No. 5,995,102 entitled Server System and Method
`for Modifying a Cursor Image to James Samuel Rosen, et al.
`(“the ’102 Patent”).
`
`U.S. Patent No. 6,118,449 entitled Server System and Method
`for Modifying a Cursor Image to James Samuel Rosen, et al.
`(“the ’449 Patent”).
`
`U.S. Patent No. 6,437,800 to Mark A. Malamud (“Malamud”).
`
`U.S. Patent No. 5,835,911 to Toru Nakagawa, et al.
`(“Nakagawa”).
`
`
`
`-8-
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`Exhibit No.
`
`Description
`
`EX1006
`
`EX1007
`
`EX1008
`
`EX1009
`
`EX1010
`
`EX1011
`
`EX1012
`
`EX1014
`
`U.S. Patent No. 5,937,417 to Jakob Nielsen (“Nielsen”).
`
`Lexos Media IP, LLC v. APMEX, Inc., No. 2:16-cv-00747-JRG-
`RSP (“APMEX”), Early Claim Construction Opinion and Order,
`Dkt. 86 (E.D. Tex., Mar. 16, 2017).
`
`Lexos Media IP, LLV v. Amazon.com, Inc., No. 2:22-cv-00169-
`JRG, Parties’ Joint Claim Construction and Prehearing
`Statement, Dkt. 89 (E.D. Tex., May 16, 2023) (including the
`exhibits attached thereto).
`
`U.S. Patent No. 5,754,176 to Chris Crawford (“Crawford”).
`
`File History of the ’102 Patent.
`
`File History of the ’449 Patent.
`
`Curriculum Vitae of Dr. Craig Rosenberg.
`
`Appendices to the Declaration of Dr. Craig Rosenberg
`(compilation of additional references cited herein, but not cited
`in the IPR petitions).
`
`26.
`
`I have also reviewed documents from the prior IPR proceedings
`
`regarding the ’102 and ’449 Patents.
`
`27.
`
`I have also relied on my own expertise and experience in user interface
`
`design, computer systems, and Human Factors in forming my opinions.
`
`
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`-9-
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`II. BACKGROUND OF THE ART
`
`A. Level of Ordinary Skill in the Art
`I am not an attorney and offer no legal opinions. I have been informed
`28.
`
`about certain aspects of the law for purposes of my analyses and opinions.
`
`29.
`
`I understand that in analyzing questions of invalidity and infringement,
`
`the perspective of a person having ordinary skill in the art (“POSITA”) is often
`
`implicated, and the Court may need assistance in determining that level of skill.
`
`30.
`
`I understand that the claims and written description of a patent must be
`
`understood from the perspective of a POSITA. I have been informed that the
`
`following factors may affect the level of skill of a POSITA: (1) the educational level
`
`of the inventor; (2) the type of problems encountered in the art; (3) the prior art
`
`solutions to those problems; (4) the rapidity with which innovations are made;
`
`(5) the sophistication of the technology; and (6) the educational level of active
`
`workers in the field. A person of ordinary skill in the art is also a person of ordinary
`
`creativity in the art.
`
`31. Based on my experience and reading of the ’102 and ’449 Patents, a
`
`person of ordinary skill in the art (“POSITA”) at the claimed priority date would
`
`have had experience in the fields of human factors engineering or human-computer
`
`interaction. The POSITA would have at least a bachelor’s degree in computer
`
`science, computer engineering, human factors engineering, or a related field and
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`would have had at least two years of relevant work experience in the fields of UI
`
`design, or equivalent experience.
`
`32. Human-Computer Interaction (HCI) and User Interface (UI) Design are
`
`two interrelated disciplines within the field of computer science and design, but they
`
`focus on different aspects of the user experience.
`
`33. Human-Computer Interaction (HCI): HCI is a broad field that studies
`
`how humans interact with computers and technology. It involves designing and
`
`implementing interactive computing systems and understanding the ways in which
`
`such systems fit into the user’s life and daily routine. HCI is concerned with theories,
`
`methods, and tools for understanding the relationship between users and digital
`
`technologies. It not only includes the design and evaluation of user interfaces but
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`also studies how people interact with technology in different contexts (e.g., work,
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`home, school, etc.), and it involves psychological and sociological aspects as well.
`
`34. User Interface (UI) Design: UI Design is a subset of HCI and focuses
`
`specifically on designing the points of interaction between users and digital devices.
`
`These points of interaction, or interfaces, may include screens, keyboards, mouse
`
`devices, and even voice-controlled interfaces. UI design is concerned with aesthetics
`
`(how the product looks), usability (how easy it is to use), and the overall experience
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`provided to the user.
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`35.
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`In short, HCI is the study of how humans interact with computers and
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`digital technologies, whereas UI design is the practice of creating interfaces that
`
`facilitate those interactions. UI Design is more specific, focusing on the aesthetics
`
`and functionality of software or a website, while HCI has a broader scope,
`
`incorporating aspects like human behavior, psychology, and the societal impacts of
`
`technology.
`
`36.
`
`I am at least a person of ordinary skill in the art and was so on the date
`
`to which the ’102 and ’449 Patents claim priority. As shown by my qualifications
`
`and my curriculum vitae, I am aware of and had the knowledge and skill possessed
`
`by a person of ordinary skill in the art at the time of the priority date of the ’102
`
`and’449 Patents. In performing my analysis, I have applied the standard set forth
`
`above.
`
`B.
`37.
`
`Priority Date
`I have been informed that a U.S. patent application may claim the
`
`benefit of the filing date of an earlier patent application if the earlier patent
`
`application disclosed each limitation of the invention claimed in the later-filed U.S.
`
`patent application. I have also been informed that priority is determined on a claim-
`
`by-claim basis so that certain claims of a patent may be entitled to the priority date
`
`of an earlier-filed patent application even if other claims of the same patent are not
`
`entitled to that priority date.
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`
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`38.
`
`I have also been informed that a patented claim is invalid if the claimed
`
`invention was patented, described in a printed publication, or in public use, on sale,
`
`or otherwise available to the public before the effective filing date of the claimed
`
`invention, or the claimed invention was described in an issued patent or a published
`
`patent application that was effectively filed before the effective filing date of the
`
`claimed invention.
`
`39.
`
`I understand that the claims of the ’102 and’449 Patents claim a priority
`
`date of June 25, 1997. I have applied that date as the priority date for the two patents
`
`in my analysis.
`
`C. Overview of Relevant Technology When the ’102 and ’449 Patents
`Were Filed
`User Interfaces
`1.
`40. Generally, a graphical user interface (GUI) is an interface that allows
`
`users to interact with a computer through menus or icons displayed on a screen. GUIs
`
`are designed to be visually appealing and easy to use, and users can interact with the
`
`displayed information using devices like a mouse, touchpad, or stylus pen. One
`
`popular type of GUI is the “desktop metaphor,” where the computer screen
`
`represents a virtual desktop with icons representing files and applications that users
`
`can select. The “desktop metaphor” was widely used before 1997 (e.g., in Windows
`
`1995) and remains widely used today.
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`
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`41. The first public demonstration of a GUI is credited to Douglas
`
`Engelbart in 19681, which showcased the first computer mouse and cursor. XEROX
`
`Parc developed the Alto computer in 1973, featuring the “Neptune Directory Editor”
`
`GUI with graphical buttons and file lists. In the following year, PARC researchers
`
`created the object-oriented Smalltalk-71 language, enabling the creation of GUIs
`
`with the desktop metaphor, icons, scrollbars, superposed windows, and popup
`
`menus.
`
`42. Apple introduced GUIs with the Lisa system in 1983 and the Macintosh
`
`system in 1984. These GUIs featured drop-down menus, overlapping windows, and
`
`icons for programs and documents. The Lisa and Macintosh systems used a one-
`
`button mouse, introducing concepts like double-clicking to launch applications and
`
`drag-and-drop functionality.
`
`43. As computers and their GUIs became more complex, computer
`
`operating systems (OS) were developed to manage the hardware and software
`
`interactions. An OS is software that oversees computer hardware (e.g., processor,
`
`
`1 Douglas C. Engelbart & William K. English, A Research Center for
`Augmenting Human Intellect, Proc. of the Dec. 9-11, 1968 Fall Joint Comput. Conf.
`395-410, AFIPS
`’68
`(Fall, part
`I)
`(EX1013, Appx. A), available at
`http://dx.doi.org/10.1145/1476589.1476645. [References cited in this declaration
`but not relied upon as grounds for invalidity are included the Appendix to my
`declaration, submitted as EX1013.]
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`memory, display devices, pointing devices, etc.) and software, utilizing specialized
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`programs called drivers to facilitate these interactions.
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`44. For instance, when a user moves a pointing device like a mouse, the
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`cursor on the screen moves accordingly. This is achieved through the device driver
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`detecting the pointing device’s movement and relaying that information to the OS.
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`The OS then communicates the movement to relevant application programs and
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`sends commands to the display driver to depict the cursor’s movement on the screen.
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`The OS or an application program can determine the signals sent to the display
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`driver, enabling the rendering of text, images, and graphical elements at the cursor’s
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`location. The cursor’s image includes a single pixel known as the “hotspot,” which
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`indicates where user input, such as a mouse click, will have an effect.
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`45. Display drivers are one approach employed by OSs to control their
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`integrated display components. Cursors can be presented on the screen through API
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`calls to the operating system as well as custom code that other applications can
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`implement to present cursors on the screen. For example, an application may send
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`data to an OS to initiate or modify a cursor’s display.
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`46. The functionality of a display driver for managing the display of cursors
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`was well-known before the priority date for the Lexos Patents.2 For example, in
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`1994, the Windows 95 display driver was described as shown below:
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`
`
`(EX1013, Appx. B at 268.)
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`
`
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`2 Adrian King, Inside Windows 95, 268 (Microsoft Press 1994). (EX1013,
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`Appx. B.)
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`Custom Cursors
`2.
`47. As the mouse and cursor became widespread, their features and uses
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`evolved, too. Early personal computers like the Apple Macintosh used many
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`different types of cursor images to represent the status of the computer or an
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`application program.
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`48.
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`In February 1995, Microsoft released its Windows Interface Guidelines
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`(the “Guidelines”).3 The Guidelines described mouse pointers that change in
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`appearance, explaining that “[a]s a user moves the pointer across the screen, its
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`appearance can change to provide feedback to the user about a particular location,
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`operation, or state.” (EX1013, Appx. C at 23.) The Guidelines showed common
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`pointer shapes and their uses in Table 4.1.
`
`
`3 The Window Interface Guidelines - A Guide for Designing Software,
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`(Microsoft Windows Feb. 1995) (EX1013, Appx. C).
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`(Id.)
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`
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`
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`49. The Guidelines further described the concepts of the “hot spot” and “hot
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`zone” when using a mouse. (Id. at 33.) Each pointer defines an exact screen
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`location, known as the “hot spot,” of the mouse, where the hot spot determines what
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`object is affected by the mouse’s actions. (Id.) Screen objects can also define a “hot
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`zone,” which defines the area that the hot spot must cover in order to be considered
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`over the object. (Id.) Pressing the mouse button identifies an operation and releasing
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`the mouse button activates or carries out the operation. (Id.) The Guidelines
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`provided the following exemplary common behaviors performed with the mouse as
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`shown below.
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`
`
`(Id.)
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`50. For example, the Guidelines explain that the action of “Pointing” refers
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`to positioning a cursor to “point to” a particular object on the screen. The Guidelines
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`go on to explain that the “pointing action is often an opportunity to provide visual
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`cues or other feedback to a user.” (Id. at 33.)
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`51. Cursor images, however, were not just limited to the use of standard
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`cursors made available by an OS. Instead, application programs could use Win32
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`API functions made available in Windows 95 and Windows NT “to change or reset
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`a system mouse cursor.”4 Even though the article was published in August of 1997,
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`the content of the article discusses the cursor capabilities of Windows NT (which
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`was released in July of 1993), and Windows 95 (which was released in August of
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`1995.) Through the use of the Win32 API functions, users could program a GUI to
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`use their own cursor in lieu of Windows’ standard cursors, for example, by using the
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`LoadCursor function.5
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`52. Similarly, the X Windows system also made it possible for application
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`programs to use customized cursors long before June 1997. The X Windows system
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`was developed through a joint venture between MIT Laboratory for Computer
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`Science and Digital Equipment Corporation in the mid-1980s. (EX1013, Appx. F at
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`4 P.V. Tatavu, How to change and how to reset mouse cursors (pointers),
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`Level Extreme (Aug. 23, 1997) (EX1013, Appx. D), available at
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`https://www.levelextreme.com/Home/ShowHeader?Activator=23&ID=7677.
`
`5 D. D. Hobson, An Introduction to Windows programming at Section 5.3
`
`(Feb. 1997) (EX1013, Appx. E), available at
`
`https://ecs.syr.edu/faculty/Fawcett/handouts/coretechnologies/WindowsProgrammi
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`ng/Win32Prog/Don_Hobson/Don_Hobson.htm (“If you want to have your own
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`cursor when the user is in the window you can use LoadCursor accordi