`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`LG ELECTRONICS, INC., LG ELECTRONICS U.S.A., INC.,
`Petitioner
`
`U.S. Patent No. 9,247,174
`
`_____________________
`
`DECLARATION OF ANDREW LIPPMAN,
`UNDER 37 C.F.R. § 1.68 IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW
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`EX. 1003
`LG Electronics, Inc. / Page 1 of 149
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`Dr. Lippman Declaration
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`Inter Partes Review of U.S. 9,247,174
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`TABLE OF CONTENTS
`Introduction ...................................................................................................... 4
`I.
`Qualifications and Professional Experience .................................................... 6
`II.
`III. Level of Ordinary Skill in the Art ................................................................... 9
`IV. Relevant Legal Standards .............................................................................. 10
`V.
`The ’174 Patent .............................................................................................. 12
`A. Overview of the ’174 Patent ................................................................ 12
`B.
`Prosecution History of the ’174 Patent ............................................... 18
`VI. Claim Construction ........................................................................................ 19
`A.
`“panel” ................................................................................................. 21
`B.
`“at least one” ....................................................................................... 21
`Identification of how the Claims are Unpatentable ....................................... 22
`A. Ground 1: Claims 1-14 are obvious over Woods. ............................... 23
`1.
`Summary of Woods ................................................................. 23
`2.
`Claim 1 ..................................................................................... 28
`3.
`Claim 2 ..................................................................................... 91
`4.
`Claim 3 ..................................................................................... 95
`5.
`Claim 4 ..................................................................................... 97
`6.
`Claim 5 ................................................................................... 102
`7.
`Claim 6 ................................................................................... 108
`8.
`Claim 7 ................................................................................... 113
`9.
`Claim 8 ................................................................................... 117
`10.
`Claim 9 ................................................................................... 121
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`VII.
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`2
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`B.
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`C.
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`
`11.
`Claim 10 ................................................................................. 123
`Claim 11 ................................................................................. 127
`12.
`Claim 12 ................................................................................. 127
`13.
`Claim 13 ................................................................................. 127
`14.
`Claim 14 ................................................................................. 127
`15.
`Ground 2: Claims 6, 8, and 14 are obvious over Woods in view of
`Istvan. ................................................................................................ 128
`1.
`Summary of Istvan ................................................................. 128
`2.
`Reasons to Combine Woods and Istvan ................................ 129
`3.
`Claim 6 ................................................................................... 133
`4.
`Claim 8 ................................................................................... 136
`5.
`Claim 14 ................................................................................. 140
`Ground 3: Claims 1-14 are obvious over Woods in view of Machida.
` ........................................................................................................... 140
`1.
`Summary of Machida ............................................................ 140
`2.
`Reasons to Combine Woods and Machida ............................ 142
`3.
`Claims 1-14 ............................................................................ 146
`D. Ground 4: Claims 6, 8, and 14 are obvious over Woods in view of
`Machida and Istvan. .......................................................................... 148
`1.
`Claims 6, 8, and 14 ................................................................ 148
`VIII. Conclusion ................................................................................................... 149
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`3
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`Dr. Lippman Declaration
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`Inter Partes Review of U.S. 9,247,174
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`I.
`
`I, Andrew Lippman, do hereby declare as follows:
`INTRODUCTION
`1.
`
`I am making this declaration at the request of LG Electronics, Inc. in
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`the matter of the Inter Partes Review of U.S. Patent No. 9,247,174 (“the ’174
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`
`
`patent”) to Sirpal et al.
`
`2.
`
`I am being compensated for my work in this matter at my standard
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`hourly rate. I am also being reimbursed for reasonable and customary expenses
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`associated with my work and testimony in this investigation. My compensation is
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`not contingent on the outcome of this matter or the specifics of my testimony.
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`3.
`
`I have been asked to provide my opinions regarding whether claims 1-
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`14 (“the Challenged Claims”) of the ’174 patent are unpatentable as they would
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`have been obvious to a person having ordinary skill in the art (“POSITA”) at the
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`time of the alleged invention, in light of the prior art. It is my opinion that all of the
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`elements of the Challenged Claims would have been obvious to a POSITA.
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`In the preparation of this declaration, I have studied:
`
`the ’174 patent, Ex.1001;
`
`the prosecution history of the ’174 patent (“’174 File History”),
`
`4.
`
`a.
`
`b.
`
`Ex.1002;
`
`c.
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`U.S. Patent Publication No. 2010/0262938 to Woods et al. (“Woods”),
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`Ex.1005;
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`4
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`d.
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`U.S. Patent Publication No. 2002/0060750 to Istvan et al. (“Istvan”),
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`
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`Ex.1006;
`
`e.
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`“CurioView: TV Recommendations Related to Content Being Viewed,”
`
`Hideki Sumiyoshi, IEEE International Symposium on Broadband Multimedia
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`System and Broadcasting 2010 (“CurioView”), Ex.1007;
`
`f.
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`U.S. Patent Publication No. 2007/0047920 to Machida et al.
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`(“Machida”), Ex.1008;
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`g.
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`U.S. Patent Publication No. 2011/0219395 to Moshiri et al.
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`(“Moshiri”), Ex.1009;
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`h. WO2013133915 to Cherry et al. (“Cherry”), Ex.1010;
`
`i.
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`U.S. Patent Publication No. 2012/0054794 to Kim et al. (“Kim”),
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`Ex.1011;
`
`5.
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`In forming the opinions expressed below, I have considered: the
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`documents listed above; the relevant legal standards, including the standard for
`
`obviousness; and my own knowledge and experience based upon my work in the
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`field of televisions as described below, and any additional authoritative documents
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`as cited in the body of this declaration.
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`6.
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` Unless otherwise noted, all emphasis in any quoted material has been
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`added.
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`5
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`II. QUALIFICATIONS AND PROFESSIONAL EXPERIENCE
`7. My qualifications and professional experience are described in my
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`Curriculum Vitae, a copy of which can be found in Exhibit 1004. The following is
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`a brief summary of my relevant qualifications and professional experience.
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`8.
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`I earned my undergraduate degree in Electrical Engineering from MIT
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`in 1971. I earned a Master of Science degree in Computer Graphics from MIT in
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`1978. I earned a Ph.D. in Electrical Engineering from the École Polytechnique
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`Fédérale de Lausanne (Switzerland) in 1995. My thesis was on scalable video, a
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`technique for representing visual data in a fluid and variable networking and
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`processing environment, similar to what we call streaming today.
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`9.
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`I am currently a Senior Research Scientist at the Massachusetts
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`Institute of Technology (“MIT”) and Associate Director of the MIT Media
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`Laboratory, an approximately $80 million per year research and teaching facility at
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`MIT, which I helped establish in the early 1980s.
`
`10. At MIT, I have supervised over 50 Masters and Ph.D. theses in the
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`Media Arts and Sciences program and have taught courses such as Digital Video
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`and MIT’s freshman physics seminar. Through the course of my career, I have
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`directed and served as principal investigator of research projects supported by the
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`Defense Advanced Research Projects Agency (DARPA), the Office of Naval
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`Research (ONR), The National Science Foundation (NSF), and over 50 industrial
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`6
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`companies. I have never precisely calculated my net research volume, but it is in
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`excess of $50 million.
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`11.
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`I am named as an inventor on six patents in the area of video and
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`digital processing and have served on the advisory boards for technology
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`companies in fields ranging from video conferencing to music analysis. I have
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`authored or coauthored over 65 published papers in the fields of interactivity,
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`communications, video coding, and television. I served on the editorial board of
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`the Image Communication Journal between 1989 and 2003. I have served as an
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`expert witness in patent cases since 2001, addressing diverse features of interactive
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`television, electronic program guides, and user interaction.
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`12.
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`I have worked generally on video interaction systems since the 1970s.
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`In the early 1970s, I developed font representations that permitted high quality
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`display of text on standard broadcast television receivers. In 1978, I directed a
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`DARPA-funded project called the “Movie-Map” that used computing and optical
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`video and image storage to create an “experiential map” that featured “surrogate
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`travel,” the ability to recreate the visual experience of traveling through a real
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`place, a city. This is similar to Google’s Street-View and mapping systems.
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`13.
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`In the 1980s, I was principal investigator of Office of Naval Research
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`funded programs in video and graphics computer systems for interactive learning
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`dedicated to maintenance and repair. I also developed networked video
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`
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`communications systems that included scripting languages for specifying
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`audiovisual content and representing it on various monitoring terminals.
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`14.
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`In 1991, I created the “Media Bank” program at MIT, the purpose of
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`which was to allow a diverse set of networked devices to access appropriate forms
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`of content for which they had the bandwidth and processing power to display. This
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`entailed maintaining state information about terminal devices at a server and using
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`that to determine the best representation of the audiovisual material to deliver to
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`them. In addition, it included and developed cryptographic distribution methods
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`that ensured secure delivery of information on the network. Related to this work, I
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`also supervised Masters theses on networked distribution of video and coding
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`specifically for diverse uses on the Internet. My colleagues and I created
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`demonstrations of interactive television systems for news that combined the
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`evening newscast with additional data from print sources so the viewer could learn
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`more about the story than was available in the live broadcast.
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`15. Also in 1991, I created the Television of Tomorrow program at MIT.
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`This program addressed the digital representation and delivery of video at diverse
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`scales and through diverse networks. This program built on work on scalable
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`representations of images that were standards-independent and interactive.
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`16.
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`In 1993, I was invited to be a member of Robert Kahn’s “Cross
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`Industry Working Group” the goal of which was to develop the ideas for a
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`National Information Infrastructure. At DARPA, Kahn had initiated the research to
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`develop the Arpanet and the Internet. Throughout this period, my students and I
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`worked on distributed interactive systems for consumer use (television, electronic
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`newspapers, learning) including the basic technology of the network and the client-
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`server interactions.
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`17.
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`I was a member of the Motion Picture Experts Groups, an ISO
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`standards committee effort that defined the standards for common distribution of
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`“MP3” music and storage and distribution of “MPEG Video.” I co-wrote the paper
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`defining the requirements for the MPEG-2 standard with Okubo and McCann in
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`1995. MPEG standards remain the predominant encoding for distribution of digital
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`video to this day. I was also the principal investigator on industry-funded programs
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`addressing digital motion pictures — the “Movies of the Future” program at MIT,
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`and high definition television, “Television of Tomorrow.” At MIT, I created the
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`“Digital Life” consortium, the purpose of which was to explore and develop ideas
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`relevant to an Internet-connected society.
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`III. LEVEL OF ORDINARY SKILL IN THE ART
`18.
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`I understand there are multiple factors relevant to determining the
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`level of ordinary skill in the pertinent art, including (1) the levels of education and
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`experience of persons working in the field at the time of the invention; (2) the
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`sophistication of the technology; (3) the types of problems encountered in the field;
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`and (4) the prior art solutions to those problems.
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`19. A person of ordinary skill in the art (“POSITA”) in the field of the
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`’174 patent, as of its earliest possible filing date of August 17, 2012, would have
`
`been someone knowledgeable and familiar with the television display technology
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`that is pertinent to the ’174 patent. A POSITA would have had a bachelor’s degree
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`in Electrical Engineering, Software Engineering, or Computer Engineering, or
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`equivalent training, and approximately two years of experience working in the
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`field of television systems and networking, human-computer interaction, or related
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`technologies. Lack of work experience can be remedied by additional education,
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`and vice versa.
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`20. For purposes of this Declaration, in general, and unless otherwise
`
`noted, my statements and opinions, such as those regarding my experience and the
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`understanding of a POSITA generally (and specifically related to the references I
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`consulted herein), reflect the knowledge that existed in the field as of the priority
`
`date of the ’174 patent. Unless otherwise stated, when I provide my understanding
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`and analysis below, it is consistent with the level of a POSITA prior to the priority
`
`date of the ’174 patent.
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`IV. RELEVANT LEGAL STANDARDS
`21.
`
`I am not an attorney. In preparing and expressing my opinions and
`
`considering the subject matter of the ’174 patent, I am relying on certain basic
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`legal principles that counsel have explained to me. These principles are discussed
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`below.
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`22.
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`I understand that prior art to the ’174 patent includes patents and
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`printed publications in the relevant art that predate the priority date of the alleged
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`invention recited in the ’174 patent. For purposes of this Declaration, I am
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`applying August 17, 2012 as the earliest possible priority date of the ’174 patent.
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`23.
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`I have been informed that a claimed invention is unpatentable under
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`35 U.S.C. § 103 if the differences between the invention and the prior art are such
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`that the subject matter as a whole would have been obvious at the time the
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`invention was made to a person having ordinary skill in the art to which the subject
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`matter pertains. I have also been informed by counsel that the obviousness analysis
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`takes into account factual inquiries including the level of ordinary skill in the art,
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`the scope and content of the prior art, and the differences between the prior art and
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`the claimed subject matter.
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`24.
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`I have been informed by counsel that the Supreme Court has
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`recognized several rationales for combining references or modifying a reference to
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`show obviousness of claimed subject matter. Some of these rationales include the
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`following: (a) combining prior art elements according to known methods to yield
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`predictable results; (b) simple substitution of one known element for another to
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`obtain predictable results; (c) use of a known technique to improve a similar device
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`(method, or product) in the same way; (d) applying a known technique to a known
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`device (method, or product) ready for improvement to yield predictable results; (e)
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`choosing from a finite number of identified, predictable solutions, with a
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`reasonable expectation of success; and (f) some teaching, suggestion, or motivation
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`in the prior art that would have led one of ordinary skill to modify the prior art
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`reference or to combine prior art reference teachings to arrive at the claimed
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`invention.
`
`V. THE ’174 PATENT
`A. Overview of the ’174 Patent
`25. The ’174 patent is directed to an “intelligent television and methods
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`for displaying content.” Ex.1001, abstract. The ’174 patent states that “[t]here is a
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`need for an Intelligent TV with intuitive user interfaces and with seamless user
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`interaction capability.” Ex.1001, 2:1-2. The purported solution to this need is an
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`“application panel interface” that provides to a user information about the content
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`currently being displayed on the television. The “application panel interface”
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`includes a “first content panel” to display a first type of information. In response to
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`directional inputs from a user, the “application panel interface” instead displays a
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`“second content panel” that displays a different type of information. Claim 1 of the
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`’174 patent is shown below with colored highlighting that corresponds to the
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`highlighting in the figures accompanying the discussion below.
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`26. The claimed “application panel interface” is described in an example
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`of the ’174 patent specification as an application content panel 1412: “The
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`application panel 1412 may provide access to contextually relevant functionality
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`based on the currently viewing/recently viewed material.” Ex.1001, 30:42-44. The
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`application panel 1412 “may be displayed in such a manner as to provide a user the
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`ability to view content displayed in content view area 1408,” (Ex.1001, 30:22-23)
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`i.e., the “content currently being displayed via the television,” shown in Fig. 16A
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`below.
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`application panel
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`content view area
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`Ex.1001, Fig. 16A (annotated).
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`
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`27.
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`“The application panel 1412 may comprise ... a content area 1608.”
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`Ex.1001, 32:47-49. As explained in the ’174 patent, “[t]he panel content area 1608
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`is panel view specific, i.e., when the panel view in focus changes, the panel content
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`area 1608 updates to the corresponding panel view that is currently in focus.”
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`Ex.1001, 32:65-33:1. The view that is in focus is determined based on the menu
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`item highlighted in the navigation bar 1604: “[T]he panel navigation bar 1604 may
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`include fixed tab regions (also called tabs or panel views herein) 1620A-1620F
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`corresponding to navigable menus and further comprising Info, New,
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`Recommended, Genre, Favorites, and Search.” Ex.1001, 32:55-59. For example, a
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`14
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`first “type” of content panel may be the “Info” type, and a second “type” of content
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`panel may be the “Recommended” type. The different types of content panels
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`displayed within content area 1608 are thus referred to as “panel content types.”
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`Ex.1001, 34:3-4. An example of the claimed “first content panel” of a first type
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`(Info) is identified in the annotated figure below.
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`application panel
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`content view area
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`navigation bar
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`“first content
`panel”
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`Ex.1001, Fig. 16A (annotated).
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`
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`28.
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`In the example above, when the user has selected “tab 1620A
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`corresponding to info ... [a]n indicator, such as indicator 1640, may display which
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`panel view 1620A-C is selected or has the current focus.” Ex.1001, 33:58-61. The
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`user may use directional keys to navigate the navigation bar and place the focus on
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`a different menu item: “Using the left and right arrows on the D-Pad navigates
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`15
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`between the various panel views 1620.” Ex.1001, 34:25-27. When the user
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`navigates from the info tab (1620A) to the “recommended” tab 1620C, the
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`information within content panel 1608 changes accordingly, as shown in the figure
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`below.
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`application panel
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`content view area
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`navigation bar
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`“second content
`panel”
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`Ex.1001, Fig. 16A (annotated).
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`
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`29. The ’174 patent illustrates the concept of changing the type of
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`“content panel” being displayed through directional inputs in Figs. 20C and 21A,
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`as shown below.
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`16
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`content view area
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`application panel
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`navigation bar first content
`panel
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`Ex.1001, Fig. 20C (annotated).
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`17
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`second content
`panel
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`content view area
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`application panel
`
`navigation bar
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`
`
`
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`Ex.1001, Fig. 21A (annotated).
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`30. However, as I will explain below, the concept of presenting the user
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`with an application panel and navigating a menu bar with directional inputs such
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`that the information in a content panel within the application panel changes was
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`not new as of the time the ’174 patent was filed. Indeed, the Woods reference—
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`described in detail below—shows that these claimed concepts were already known.
`
`B.
`Prosecution History of the ’174 Patent
`31. The ’174 patent was filed on August 16, 2013. It claims priority to a
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`series of provisional applications, the earliest of which was filed on August 17,
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`2012.
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`32. The Office issued a non-final rejection on October 9, 2014, which
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`rejected the claims as being anticipated by U.S. Patent Publication No.
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`2012/0174039 to Rhoads (“Rhoads”). Ex.1002, 216-27. In response, the Applicant
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`added claim limitations related to the “application panel interface.” Ex.1002, 188-
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`93. In the next Office Action, the Examiner stated that “Independent claims 1 and
`
`16 (and their dependent claims), as amended, present a unique combination of
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`elements that are not taught or suggested by the art of record, available to the
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`Examiner at this time, when considering the claims as a whole.” Ex.1002, 135
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`(emphasis added). The Office then issued a Notice of Allowance on September 4,
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`2015. Ex.1002, 106-09.
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`33. However, for the reasons I will explain below, the concept of an
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`“application panel interface” as well as the other claim limitations of the ’174
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`patent were not new.
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`VI. CLAIM CONSTRUCTION
`34.
`
`It is my understanding that in order to properly evaluate the ’174
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`patent, the terms of the claims must first be interpreted. It is my understanding that
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`for the purposes of this inter partes review, the claims are to be construed under
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`the so-called Phillips standard, under which claim terms are given their ordinary
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`and customary meaning as would be understood by one of ordinary skill in the art
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`in light of the specification and prosecution history, unless the inventor has set
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`forth a special meaning for a term. I have also been informed that claim terms only
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`need to be construed to the extent necessary to resolve the obviousness inquiry.
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`35.
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`I have reviewed the entirety of the ’174 patent, as well as its
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`prosecution history. In my opinion, for purposes of applying the prior art presented
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`herein to evaluate patentability, the claim terms do not require express
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`construction. I have applied the so-called Phillips standard, which requires that
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`claim terms are given their ordinary and customary meaning as would have been
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`understood by a POSITA in light of the specification and prosecution history,
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`unless the inventor has set forth a special meaning for a term.
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`36.
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`In fact, the ’174 patent provides explicit definitions for various terms
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`and phrases, including various claim terms of the Challenged Claims. For example,
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`from column 4, line 60 to column 11, line 35, the ’174 patent lists certain terms
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`and provides explicit definitions and context for these terms, which include various
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`claim terms of the Challenged Claims. My analysis of the prior art presented herein
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`takes into account and is consistent with the definitions and context provided in the
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`’174 patent for terms in the Challenged Claims. Two examples of claim term
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`definitions are described below.
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`A.
`“panel”
`37. Claims, 1-4 and 8-12 each recite the phrase “panel.”
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`38.
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`I note that in the ’174 patent, the inventor provided a special meaning
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`for the term “panel.”
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`Ex.1001, 7:36-44.
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`39. Accordingly, in view of the special meaning provided by the inventor,
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`the phrasing of “panel” includes “a user interface displayed in at least a portion of
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`the display.”
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`B.
`“at least one”
`40. Claims 1, 2, 10, and 11 each recite the phrase “at least one.”
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`41.
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`I note that in the ’174 patent, the inventor provided a special meaning
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`for the term “at least one.”
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`Ex.1001, 4:60-67.
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`42. Accordingly, in view of the express definition provided in the ’805
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`patent, a claim limitation that recites a list of “at least one” items is met by
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`teaching any item in that list alone or together with any other items in that same
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`list.
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`VII. IDENTIFICATION OF HOW THE CLAIMS ARE UNPATENTABLE
`43.
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`I have been asked to provide my opinion as to whether the Challenged
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`Claims of the ’174 Patent would have been obvious in view of the prior art. The
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`discussion below provides a detailed analysis of how the prior art references
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`identified below teach the elements of the Challenged Claims of the ’174 patent.
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`As part of my analysis, I have considered the scope and content of the prior art and
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`any differences between the alleged invention and the prior art. I describe in detail
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`below the scope and content of the prior art, as well as any differences between the
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`alleged invention and the prior art, on an element-by-element basis for each
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`Challenged Claims of the ’174 patent.
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`44. As described in detail below, the alleged invention of the Challenged
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`
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`Claims would have been obvious in view of the teachings of the identified prior art
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`references as well as the knowledge of a POSITA.
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`A. Ground 1: Claims 1-14 are obvious over Woods.
`1.
`Summary of Woods
`45. The primary reference that I rely upon is U.S. Patent Publication No.
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`2010/0262938 to Woods et al. (“Woods”), which was filed on September 30, 2009
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`and published on October 14, 2010.
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`46. Like the ’174 patent, Woods relates to “systems and methods for
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`navigating a media guidance application with multiple perspective views.”
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`Ex.1005, [0003]. The media guidance application may be, for example, an
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`“interactive television program guide.” Ex.1005, [0034]. To provide an efficient
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`technique for navigating media selections, Woods describes an interface that
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`allows a user to navigate a menu bar to change the type of information being
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`displayed about the content currently showing on the television. See e.g. Ex.1005,
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`Fig. 10.
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`47. Through the interactive guide, a “user may indicate a desire to access
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`media information by selecting a selectable option provided in a display screen
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`(e.g., a menu option, a listings option, an icon, a hyperlink, etc.) or pressing a
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`dedicated button (e.g., a GUIDE button) on a remote control or other user input
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`interface or device.” A user may access media from “television broadcasters, such
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`as NBC, ABC, HBO, etc.” and “on-demand programs (as in video-on-demand
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`(VOD) systems), Internet content (e.g., streaming media, downloadable media,
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`Webcasts, etc.), and other types of media or video content.” Ex.1005, [0034],
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`[0036], [0064]. To access media, a user may bring up a guide menu as shown
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`below in Fig. 9.
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`Ex.1005, Fig. 9.
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`48.
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`“When the user first enters screen 900, processing circuitry 306 may
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`highlight or bring into focus the program listings corresponding to the currently
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`tuned program or program being currently accessed.” Ex.1005, [0155]. “The user
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`may navigate within portions of the media guidance objects to select a desired
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`program listing corresponding to a media asset.” Ex.1005, [0156]. When a user
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`selects a program listing from the guide in screen 900—for example the currently
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`tuned program—the interactive television guide brings up screen 1000, shown in
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`Fig. 10 below. See Ex.1005, [0170]-[0171].
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`Ex.1005, Fig. 10.
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`49. Display screen 1000 includes regions 1010 and 1020, which are
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`displayed to the left of a media region 1030. Region 1010 is a menu bar that “may
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`display [a] list of indicators of functions associated with the media asset
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`corresponding to the program listing selected from screen 900 (FIG. 9).” Ex.1005,
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`[0171]. “[R]egion 1020 may display a list of options or items relating to the
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`indicator of the function in focus in functions menu bar 1010.” Ex.1005, [0175]. In
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`the example of Fig. 10, the indicator in the option bar is focused on “cast” 1012
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`and thus region 1020 displays information related to the cast of the currently tuned
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`program. The “media region 1030 may provide a display of ... the currently tuned
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`television program.” Ex.1005, [0174]. The panels 1010, 1020 and media region
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`1030 are identified below, in annotated Fig. 10.
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`panels
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`media region
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`“Media region 1030 may
`provide a display of…
`the currently tuned
`television program”
`Ex.1005, [0174]
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`menu bar
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`a “list of options and items” for “CAST”
`Ex.1005, Fig. 10 (modified and annotated).
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`50. Like the ’174 patent, Woods’ interactive television program guide
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`allows the user to navigate the menu bar through directional inputs. Fig. 10
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`illustrates