`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`World Programming Limited
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`Petitioners
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`v.
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`SAS Institute Inc.
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`Patent Owner
`____________
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`Case No. Unassigned
`Patent 7,170,519
`____________
`
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,170,519
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`I.
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`Petition for IPR of U.S. Patent 7,170,519
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`TABLE OF CONTENTS
`INTRODUCTION ........................................................................................... 1
`Summary of Unpatentability Grounds .................................................. 1
`II. MANDATORY NOTICES, STANDING, AND FEES .................................. 1
` Mandatory Notices ................................................................................ 1
`Certification of Grounds for Standing ................................................... 2
`Fees ........................................................................................................ 2
`III. OVERVIEW OF THE ’519 PATENT ............................................................ 2
`Subject Matter of the ’519 Patent .......................................................... 2
`The Priority Date of the Challenged Claims ......................................... 5
`IV. SUMMARY OF PRIOR ART ......................................................................... 5
` U.S. Patent No. 6,920,608: Chart View for Reusable Data
`Markup Language (“Davis”) ................................................................. 6
`XML Bible by Elliotte Rusty Harold (“Harold”) .................................. 7
` Microsoft Excel 2000 Bible by John Walkenbach
`(“Excel2000”) ........................................................................................ 8
`Robust Regression and Outlier Detection by Peter Rousseeuw
`et al. (“Rousseeuw”) ............................................................................ 10
`The Basics of S and S-Plus (“Krause”) ............................................... 15
`Claim Construction ........................................................................................ 16
` Means-Plus-Function Terms ............................................................... 16
`1.
`“graph generator module” ......................................................... 17
`Level of Ordinary Skill in the Art ....................................................... 19
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`V.
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`VI. THERE IS A REASONABLE LIKELIHOOD THAT THE
`CHALLENGED CLAIMS ARE UNPATENTABLE .................................. 20
` Ground 1: Claims 5-6 and 37-38 are obvious over Davis and
`Harold in view of the Knowledge of One of Ordinary Skill in
`the Art .................................................................................................. 20
`1.
`Claim 1 ...................................................................................... 21
`2.
`Claim 5 ...................................................................................... 38
`3.
`Claim 6 ...................................................................................... 45
`4.
`Claim 34 .................................................................................... 47
`5.
`Claims 37 and 38....................................................................... 55
`Ground 2: The Combination of Davis, Harold, and Excel in
`view of the Knowledge of One of Ordinary Skill in the Art
`Renders Claims 7-11 Obvious............................................................. 56
`1.
`A POSA would have been motivated to combine
`Davis/Harold with Excel ........................................................... 56
`Claim 7 ...................................................................................... 60
`2.
`Claim 8 ...................................................................................... 69
`3.
`Claim 9 ...................................................................................... 69
`4.
`Claim 10 .................................................................................... 69
`5.
`Claim 11 .................................................................................... 70
`6.
`Ground 3: The Combination of Davis, Harold, Rousseeuw, and
`Krause in view of the Knowledge of One of Ordinary Skill in
`the Art Renders Claims 22-26 Obvious .............................................. 71
`1.
`A POSA would have been motivated to combine
`Davis/Harold with Rousseeuw and Krause .............................. 71
`Claim 21 .................................................................................... 75
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`2.
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`Claim 22 .................................................................................... 77
`3.
`Claim 23 .................................................................................... 81
`4.
`Claim 24 .................................................................................... 82
`5.
`Claim 25 .................................................................................... 82
`6.
`Claim 26 .................................................................................... 83
`7.
`VII. CONCLUSION .............................................................................................. 84
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`Petition for IPR of U.S. Patent 7,170,519
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`LIST OF EXHIBITS
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`1001 U.S. Patent No. 7,170,519 to Patel (“the ’519 Patent”)
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`1002 CV of Dr. Stephen Gray
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`1003
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`1004
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`Expert Declaration of Dr. Stephen Gray
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`File History of U.S. Patent No. 7,170,519 to Patel
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`1005 U.S Patent No. 6,920,608 to Davis (“Davis”)
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`1006
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`XML Bible by Elliotte Rusty Harold (“Harold”)
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`1007 Microsoft Excel 2000 Bible by John Walkenbach (“Excel”)
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`1008
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`1009
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`1010
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`1011
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`
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`Robust Regression and Outlier Detection by Peter Rousseeuw et al.
`(“Rousseeuw”)
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`The Basics of S and S-Plus by Andreas Krause et al. (“Krause”)
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`Expert Declaration of Sylvia Hall-Ellis
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`SAS Institute Inc’s Preliminary Claim Constructions and Extrinsic
`Evidence Pursuant to P.R. 4-2
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`Petition for IPR of U.S. Patent 7,170,519
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`I.
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`INTRODUCTION
`Petitioners request inter partes review of Claims 5-11, 22-26, and 37-38 of
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`U.S. Patent No. 7,170,519 (“the ’519 Patent”).
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`Petitioners assert that there is a reasonable likelihood that the challenged
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`claims are unpatentable and request review of, and cancellation of, the challenged
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`claims under 35 U.S.C. § 103.
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`
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`Summary of Unpatentability Grounds
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`Ground
`1
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`Summary
`Claims 5-6 and 37-38 are obvious in view of Davis and Harold
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`2
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`3
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`Claims 7-11 are obvious in view of Davis, Harold, and Excel
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`Claims 22-26 are obvious in view of Davis, Harold, Rousseeuw,
`and Krause
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`II. MANDATORY NOTICES, STANDING, AND FEES
` Mandatory Notices
`Real Party in Interest: The real parties-in-interest are Petitioner World
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`Programming Limited, Yum! Brands, Inc., Pizza Hut, Inc., Pizza Hut, LLC, and
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`Angoss Software Corporation.
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`Related Matters: The ’519 Patent is subject to a pending lawsuit entitled
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`SAS Institute Inc., v. World Programming Limited, et. al., Case No. 2-18-cv-00295
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`(E.D. Tex.) (the “Litigation”) in which Petitioner World Programming Limited is a
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`defendant. In addition, on the same day this Petition was filed, Petitioner
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`concurrently filed one other petition relating to the ’519 Patent.
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`Lead Counsel: Lead Counsel is Christopher V. Ryan (Reg. No. 54,759) and
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`Back-up Counsel is Brian Oaks (Reg. 44,981), each of Baker Botts L.L.P.
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`Service Information: Baker Botts L.L.P., 98 San Jacinto Boulevard, Suite
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`1500, Austin, Texas 78701-4078; Tel. (512) 322-2500; Fax (512) 322-2501.
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`Petitioners consent to service by electronic mail at WPL_IPR@bakerbotts.com. A
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`Power of Attorney is filed concurrently herewith under 37 C.F.R. § 42.10(b).
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` Certification of Grounds for Standing
`Petitioners certify that the ’519 Patent is available for IPR. Petitioners are
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`not barred or estopped from requesting IPR of the ’519 Patent.
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`Fees
`The Office is authorized to charge any fees that become due in connection
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`with this Petition to Deposit Account No. 02-0384.
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`III. OVERVIEW OF THE ’519 PATENT
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`Subject Matter of the ’519 Patent
`The ’519 Patent is directed to a computer system and method for generating
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`a graph, such as a pie chart, bar chart, or x-y graph. Ex. 1001, Abstract; 2:12-19.
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`The ’519 Patent explains that a graph is created using graph style data. Id.,
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`Abstract; 2:20-23. Graph style data determines the display characteristics to be
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`used in the graph. Id., 2:22-23. As an example, the graph style data may
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`determine the display of major or minor tick marks or style of font, color scheme,
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`or background of the graph. Id., 2:23-25; 2:31-35; 2:47-49. Graph style data
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`includes graph style metadata. Id., 2:60-61. The graph style metadata have
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`descriptors designating the “statistical roles” of the data variables to be graphed.
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`Id., 2:60-64.
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`For example, in an embodiment of the ’519 Patent, the graph style metadata
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`descriptors designate a year variable to have a “category” role and a sales variable
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`to have a “response” role. Id., 4:60-66. The ’519 Patent refers to the “category”
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`and “response” roles as “statistical” roles. Id., 10:56-61. The ’519 Patent explains
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`that different graphs will use this graph style metadata differently. Id., 2:60-66.
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`For example, if the graph is a pie chart, the pie chart will display the category
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`variable as discrete slices of a pie and the response variable will be used to
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`determine the size of a pie slice. Id., 2:67-3:7. In the case of a bar chart, the chart
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`displays the category variable along the horizontal or x-axis and the response
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`variable along the vertical or y-axis. Id., 2:67-3:9; 5:17-26.
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`Id., Fig. 5 (annotated). Ex. 1003, ¶114. Figure 5 above illustrates the graph of the
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`latter approach. Ex. 1001, 5:27-29.
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`The ’519 Patent admits that graphs are generated by many types of software
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`applications in the prior art. Id., 1:27-31. The ’519 Patent explains that
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`traditionally, styles that define the appearance of graphs were tightly coupled with
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`the software application generating the graphs, resulting in difficulties in using
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`graphical styles defined in one software application in a different software
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`application. Id., 1:27-33. The ’519 Patent purports to overcome this problem, id.,
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`1:36-45, and the ’519 Patent’s prosecution history shows that the claims were
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`allowed because the prior art supposedly did not disclose graph style metadata
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`having descriptors specifying the statistical roles of different data variables.
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`Ex. 1004, pg. 191; Ex. 1003, ¶114. As shown in Section VI, however, graph style
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`metadata having descriptors specifying the statistical roles of different data
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`variables was well known prior to the ’519 Patent.
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`The Priority Date of the Challenged Claims
`The ’519 Patent was filed as U.S. Patent Application No. 10/122,584 on
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`April 15, 2002 and claims priority to Provisional Application No. 60/368,896 filed
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`on March 29, 2002. Ex. 1001. Accordingly, March 29, 2002 is the earliest priority
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`date to which the claims of the ’519 Patent may be entitled.
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`IV. SUMMARY OF PRIOR ART
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`In addition to the extensive background knowledge that a person of ordinary
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`skill in the art (“POSA”) would have brought to bear on the subject matter
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`discussed in the ’519 Patent, the following prior art demonstrates that the subject
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`matter of the challenged claims would have been known by or obvious to a POSA.
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`1
`In an Examiner interview summary, the Examiner stated that “Applicant’s and
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`Representative discussed a proposed amendment and how it distinguishes over
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`the cited prior art, in that the present invention uses metadata having statistical
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`descriptors to define roles independent of data.” Ex. 1004, pg. 19. The
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`Examiner subsequently issued a notice of allowance. Id., pg. 9.
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` U.S. Patent No. 6,920,608: Chart View for Reusable Data Markup
`Language (“Davis”)
`Davis was filed on May 18, 2000 (Ex. 1005) and is § 102(e) prior art. Davis
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`was not submitted to, or considered by, the Examiner or otherwise made of record,
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`during the prosecution of the ’519 Patent.
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`Like the ’519 Patent, Davis discloses a method and system for generating
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`data graphical displays. Specifically, Davis describes “methods and systems to
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`provide a ‘chart view’” in which numerical data and graphical metadata are
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`“contained in RDML markup documents.” Ex. 1005, Abstract. RDML is a
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`markup language, like HTML or XML, that enables a browser-based viewer to
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`present and manipulate the data in chart form. Id., 9:14-31; see id., 10:50-51.
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`Davis also discloses the use of RDSL style sheets to create output reports. Id.,
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`9:54-64; 16:46. “RDSL is a fully compliant implementation of Extensible Style
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`Language (‘XSL’),” which is a W3C standard for creating style sheets that,
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`according to Davis, is described in detail in the “XML Bible,” by Elliotte Rusty
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`Harold. Id., 9:51-53.
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`The RDML data viewer, depicted in Fig. 1 below, receives numerical data
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`and graphical metadata in an RDML data document (102) and additional
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`formatting metadata contained in an RDSL style sheet (106).
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`Davis explains that the RDML data viewer includes plug-in components that work
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`with Internet browser, XML parser, and other modules. Id., 17:13-20; 17:26-
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`29. “The HTML browser may be a third party component,” but Davis explains
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`that an XML browser could be used instead. Id., 49:23-29. The RDML data
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`viewer creates a chart view that graphically displays the numerical data based on
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`tags that have “attributes associated with the numerical data describing
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`characteristics of the . . . numerical data,” including axes, titles, precision, and
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`scales. Id., 4:35-43; 5:7-8; 18:1-7; 20:34-36. In this way, the tags and attributes
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`(i.e., graphs style data items and metadata) are used to create various types of
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`graphical displays, including bar charts, x-y plots, or pie charts. Id., 33:30-31;
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`38:3-8; Ex. 1003, ¶¶63-64.
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` XML Bible by Elliotte Rusty Harold (“Harold”)
`Harold was published on August 5, 1999. Ex 1010, ¶50, Attachment 1g. The
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`University of Wisconsin – Madison library’s MARC records, and those of the
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`Library of Congress show public availability by or shortly after December 12, 1999
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`and November 24, 1999 respectively. Id., ¶¶42-43, Attachment 1a; id., ¶49,
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`Attachment 1h. Harold is a printed publication predating the filing date of
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`the ’519 Patent by more than a year, and therefore qualifies as prior art under §
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`102(b). Harold was not considered during the prosecution of the ’519 Patent.
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`Harold discloses that Cascading Style Sheets (“CSS”) were well-established
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`style sheets used to define “formatting properties like font size, font family, font
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`weight, . . . and other styles” of HTML documents, while style sheets in an
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`extensible style language (“XSL”) are used to format features such as colors, fonts,
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`and border characteristics of XML documents. Ex. 1006, 11-12; 323. Harold
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`explains that the formatting features of XSL style sheets were implemented to
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`operate in substantially the same manner as the well-known CSS. As an example,
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`Harold explains that element “fo:block {font-family: New York, Times New
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`Roman, Times, serif}” is used to format the font in an HTML document, while the
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`element below is used to format the font in an XML document. Id., 518.
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`<fo:block
`font-family=”New York, Times New Roman, Times, serif”>
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`Id.; Ex. 1003, ¶98.
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` Microsoft Excel 2000 Bible by John Walkenbach (“Excel2000”)
`Excel2000 was published on March 24, 1999. Ex. 1010, ¶62, Attachment 2i.
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`The University of Wyoming library’s MARC records, and those of the Library of
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`Congress show public availability by or shortly after October 16, 1998 and April 7,
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`2000 respectively. Id., ¶54, Attachment 2a; id., ¶60, Attachment 2j. A date due slip
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`on a library copy shows that Excel2000 was checked out prior to March 15, 2000,
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`further evincing its public availability. Id., ¶61, Attachment 2k. Excel2000 is a
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`printed publication under § 102(b) that predates the filing of the ’519 Patent by more
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`than a year and therefore qualifies as prior art. Excel2000 was not considered during
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`the prosecution of the ’519 Patent.
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` Excel2000 discloses a computerized method for generating data graphical
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`displays. Ex. 1007, 425. Excel2000 discloses that “there are many types of charts:
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`bar charts, line charts, pie charts, and so on.” Id., 415. Excel2000 describes using
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`the spreadsheet data to create a column chart, an area chart, and a pie chart. Id., 416.
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`Id. Ex. 1003, ¶¶84-86. Excel users could edit and save setting changes to charts,
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`then open worksheet files containing the charts, to view and edit saved settings. Id.,
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`¶¶83, 86-88.
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` Robust Regression and Outlier Detection by Peter Rousseeuw et
`al. (“Rousseeuw”)
`Rousseeuw was published on October 19, 1987. Ex 1007, ¶74, Attachment
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`3i. The University of Pittsburg library’s MARC records, and those of the University
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`of Colorado – Boulder show public availability by or shortly after March 23, 1987
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`respectively. Id., ¶70, Attachment 3f; Id., ¶67, Attachment 3a. A due date slip shows
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`that Rousseeuw was checked out before February 15, 1989, further evincing its
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`public availability. Id., ¶65, Exhibit 1008. Rousseeuw is a printed publication under
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`§ 102(b) that predates the filing of the ’519 Patent by more than a year and therefore
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`qualifies as prior art. Rousseeuw was not considered during the prosecution of
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`the ’519 Patent.
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`Rousseeuw is a text about linear regression analysis and techniques to
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`identify and deal with outlier data. Rousseeuw gives examples of the common
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`technique of plotting x-y data with different formatting for outlier residuals (e.g.
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`data points that lie outside a confidence interval).
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`Ex. 1008, 98, 101. Examples showing the underlying data and regression curves
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`are also disclosed.
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`Id., 58, 59; Ex. 1003, ¶69.
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`Rousseeuw describes algorithms for linear regression calculations and
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`calculating weight factors that identify outliers. Ex. 1008, 197-208. Rousseeuw
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`explains how to compute a weight factor, whose value is “1” for data points that lie
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`within a confidence interval (if |ri / s0 | <= 2.5) and “0” for points that lie outside
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`the confidence interval. Id., 202. Though determining that points fell outside a
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`confidence interval wasn’t the reason for the calculation, Rousseeuw explains that
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`“[i]f the residuals are normally distributed, then one can expect that roughly 98%
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`of the standardized residuals will lie in the interval [-2.5, 2.5].” Id., 56; Ex. 1003,
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`¶72.
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`Rousseeuw discloses software called PROGRESS that implemented its
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`algorithms. Ex. 1008, viii, 29-56, 203. For example, Rousseeuw describes its
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`operation on a set of 20 observations of x-y data.
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`Id., 22. To illustrate an outlier, Rousseeuw changes the 6th data point so that its x-
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`“registered as 370 instead of 37.” Id., 23. The PROGRESS software generated
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`tabular output data.
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`Id., 38; Ex. 1003, ¶76. The output also shows computed weight factors, with the
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`“0” value indicating a point outside the 98% confidence interval.
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`Ex. 1008, 38, 56. Consolidating columns from the two output tables shows:
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`
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`Ex. 1003, ¶76.
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`Thus, Rousseeuw shows using different formatting to highlight x-y data that
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`fall outside a confidence interval was known, as was the implementation in
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`software of algorithms to identify such outlier data. Ex. 1008, viii.
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`The Basics of S and S-Plus (“Krause”)
`Krause was published in 2000. Ex 1007, ¶86, Attachment 4i. The University
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`of Wisconsin – Madison library’s MARC records, and those from the Library of
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`Congress show public availability by or shortly after October 21, 1999 and July 5,
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`2000 respectively. Id., ¶79, Attachment 4b; id., ¶85, Attachment 4j. Two date due
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`slips on library copies show that Krause was checked out prior to March 13, 2001
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`and October 2, 2000 respectively. Id., ¶77, Exhibit 1009; id., ¶78, Attachment 4a.
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`Krause is a printed publication predating the filing date of the ’519 Patent by more
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`than a year, and therefore qualifies as prior art under § 102(b). Krause was not
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`considered during the prosecution of the ’519 Patent.
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`Krause describes how to use the S-Plus graphics program to generate charts.
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`Ex. 1009, 114-138, 169. When it is desired to highlight points in an x-y graph
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`whose values fall within or outside a given range, Krause teaches that “[t]he data are
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`divided into . . . subcategories,” and different symbols or colors used to plot each
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`subcategory on the same graph, as shown in Figure 7.8 below. Id., 190-91.
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`Id. With reference to Figure 7.8, Krause explains breaking the data into three
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`subsets for a set of x-y data—(A) points with x ≥ 67 and y ≤ 3.1, (B) points with x
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`≥ 67 and y ≥ 3.1, and (C) points with x < 67 and y > 3.1. Plotting each subset
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`using different symbols (e.g., A, B, C) and different colors, as shown in the graph
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`(above), allows for visual identification of the different subsets of data. Id., 191.
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`V. Claim Construction
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`WPL interprets the claims of the ’519 Patent consistent with the standard
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`used to construe the claims in a civil action under 35 U.S.C. § 282(b). 37 C.F.R.
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`§ 42.100(b).
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` Means-Plus-Function Terms
`Claims 34’s “graph generator module” limitation uses the term “module,”
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`which is “a well-known nonce word that can operate as a substitute for ‘means’ in
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`the context of § 112, para. 6.” Williamson v. Citrix Online, LLC, 792 F.3d 1339,
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`1350 (Fed. Cir. 2015). Means plus function claim terms are limited to the structure
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`described in the specification as performing the recited function and equivalents
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`thereof. See In re Donaldson Co., 16 F.3d 1189, 1194 (Fed. Cir. 1994).
`
`1.
`“graph generator module”
`Claim 34 of the ’519 Patent recites multiple limitations beginning with “a [/
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`said] graph generator module”: “a graph generator module that receives data to be
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`displayed in a non-textual format,” “said graph generator module having data
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`access to the graph style data structure,” and “said graph generator module
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`generating at least one graphical output based upon the received data.” The first
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`and third of these are functions, and the second is a characteristic of the recited
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`“graph generator module.”
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`The ’519 Patent does not recite the term “graph generator module,” but uses
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`the terms graph generator, graph generator software module, graph generator
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`software program, and graphical output generation system to refer to the system
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`that generates graphical output using the data and the graph style data structure.
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`Ex. 1001, 2:16-21, 3:66-4:2; 8:52-56, 12:42-61. With generic computing devices,
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`such as graph generator module, the corresponding structure must “disclose the
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`algorithm that transforms the general purpose microprocessor to a special purpose
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`computer programmed to perform the disclosed algorithm.” Aristocrat Techs.
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`Petition for IPR of U.S. Patent 7,170,519
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`Australia Pty Ltd. v. Int'l Game Tech., 521 F.3d 1328, 1338 (Fed. Cir. 2008)
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`(internal quotation omitted). Ex. 1005, ¶120 (graph generator module is not a
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`known structure). Through its figures and corresponding description, the ’519
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`Patent describes the graph generator software creating charts from data and style
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`data. Ex. 1003, ¶¶121-22. Though the specification does not clearly set forth an
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`algorithm for generating graphical output based on the received data, it does say
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`that Fig. 7 is a “flowchart that depicts an operational scenario for generating
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`graphical output.” Ex. 1001, 1:61-62; see Fig. 7.
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`The disclosure of the generator module performing the receiving step is
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`found at 3:64-4:2, in which the specification discloses the graphical output
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`generation system receiving the XML data structure with data embedded in the
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`file. Ex. 1003, ¶¶122-23. The same passage says that data could alternatively be
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`provided by specifying external data sources within the file. Though a POSA could
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`envision ways that such specification could lead to receiving data by the graph
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`generator module, the disclosed method for performing the claimed receiving
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`function appears to be accessing a data structure with the both styles data and data
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`to be charted. Id.
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`As for the generating function, Fig. 7 in the ’519 Patent is a “flowchart that
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`depicts an operational scenario for generating graphical output.” Ex. 1001, 1:61-
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`62; Fig. 7. Steps 302 and 304 of Fig. 7 relate to defining styles data, and
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`generating data to be graphically depicted, neither of which concerns the claimed
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`step of generating at least one graphical output. Id., 6:4-32; Ex. 1003, ¶123.
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`However, steps 306 and 308 do relate to the recited function. Ex. 1001, 6:4-32.
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`The specification says that at process block 306, “[t]he graphic output rendering
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`module determines […] the display characteristics for the generated data based
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`upon the defined graph styles data.” Id. at 6:33-35. And, “[a]t process block 308,
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`the data is graphically displayed based upon the determined displayed
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`characteristics.” Id., 6:35-37.
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`Thus, the graph generator module should be understood to be a program that
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`(a) receives a data structure comprising both the styles data and data to be charted,
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`(b) determines display characteristics based on received graph styles data, and (c)
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`generates an output using the data and the determined characteristics. Ex. 1003,
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`¶124. For the reasons set forth below, Davis discloses the claimed graph generator
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`module, whether interpreted under 35 U.S.C. Sec. 112 ¶6 as proposed by
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`Petitioner, or construed to have its plain and ordinary meaning, as proposed by
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`Patent Owner.
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`Level of Ordinary Skill in the Art
`A POSA at the time of the ’519 Patent would have been someone with an
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`undergraduate degree or equivalent in computer science, software engineering, or
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`the equivalent, plus approximately two years of experience in software
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`development, or an equivalent amount of relevant work and/or educational
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`experience. Ex. 1003, ¶116.
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`VI. THERE IS A REASONABLE LIKELIHOOD THAT THE
`CHALLENGED CLAIMS ARE UNPATENTABLE
` Ground 1: Claims 5-6 and 37-38 are obvious over Davis and
`Harold in view of the Knowledge of One of Ordinary Skill in the
`Art
`A POSA would have been motivated to combine Davis with Harold, because
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`Davis incorporates by reference Harold, making specific reference to its
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`description of XSL style sheets, which Davis says are used to implement its
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`reusable data style language (“RDSL”) style sheets. Ex. 1005, 8:51-54; 9:48-56.
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`Davis explains that an “RDSL is a fully compliant implementation of Extensible
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`Style Language (‘XSL’) which is described in detail in ‘XML Bible,’ Elliotte
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`Rusty Harold, IDG Books Worldwide, 1999.” Id., 9:51-54. Davis uses RDSL
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`style sheets “to create specially formatted output reports,” and it would have been
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`obvious for these style sheets to store additional style data. Id., 9:50-51; 16:46-60.
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`Accordingly, a POSA would have been motivated to look to Harold’s description
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`of XSL style sheets to understand how formatting graph style data is stored in
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`Davis’s RDSL files. Ex. 1003, ¶129. Harold explains that an XSL document
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`contains attributes to specify display characteristics, such as font, color, and border
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`characteristics. Ex. 1006, 518-519; 554-555; 560. XSL “formatting properties
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`specify the details of formatting, such as size, position, font, color, and a lot more.”
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`Id., 518. An exemplary font family attribute stored in the XSL document is shown
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`below:
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`<fo:block
` Font-family=”New York, Times New Roman, Times, serif”>
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`Id., 518. Different RDSL style sheets allowed Davis to change the formatting
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`applied to an RDML document. Ex. 1005, 16:46-61. Given Davis’s express
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`teaching that “RDSL is a fully compliant implementation of Extensible Style
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`Language (‘XSL’)” as described in the XML Bible, and the Harold’s teaching that
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`it was well known that an XSL style sheet includes metadata for formatting
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`features such as fonts, colors, and borders, it would have been obvious to a POSA
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`that the RDSL style sheet also includes graph style data to format fonts, colors, and
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`borders, and is implemented to operate in the same manner as the XSL style sheet.
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`Ex. 1003, ¶129.
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`1.
`Claim 1
`Claim 1 is challenged in a concurrently filed Petition, but is not challenged
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`herein. The disclosure of claim 1 by Davis in view of Harold is shown below to
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`facilitate challenges to dependent claims.
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`Claim element 1[pre]: “A computer-implemented method for generating
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`data graphical displays, comprising the steps of:
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`Davis states “[m]ethods and systems in accordance with the present
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`invention provide a chart view that automatically manipulates and graphically
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`displays numerical data.” Ex. 1005, 4:43-48. Davis explains that “a chart view
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`may be a component of a data viewer,” id., Abstract, Fig. 1, and that these “various
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`components may reside in a memory 204 on a computer such as computer 201.”
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`Id., 15:1-2; Fig. 3. The chart manager creates numerous graphical chart types. Id.,
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`38:1-9; Ex. 1003, ¶179. Davis therefore discloses the computerized method for
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`generating data graphical displays of claim element 1[pre]. Ex. 1003, ¶¶130-34.
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`Claim element 1[a]: “receiving data to be displayed in a non-textual format,
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`said received data being indicative of a plurality of variables;”
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`The ’519 Patent discloses that a non-textual format is a graphic format, such
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`as a pie chart, bar chart, map, or x-y graph. Ex. 1001, 10:37-41. Davis discloses a
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`viewer, depicted in Fig. 1, that generates graphical charts and reports using data
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`received in an RDML document. Ex. 1005, 15:64-16:7; 8:21-24; Ex. 1003, ¶137.
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`“After receiving any requested sets of numerical data, the data viewer may
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`automatically transform and combine them . . . on a single graphical display.”
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`Ex. 1005, 8:37-40. Davis discloses non-textual graphical display formats, such as
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`x-y graphs, bar charts, pie charts, and maps. Id., 17:53-57; 38:5-9.
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`The RDML document is a file containing sets of “line items” each of which
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`is “a collection of data values that is similar to a ‘record’ or ‘row’ in a relational
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`database.” Id., 9:16-21; 15:24-25. Figure 9 below depicts the structure of an
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`RDML document, with a “line_item_set” (906) (highlighted in yellow) containing
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`data for x- and y-variables (highlighted in green and blue respectively).
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`Ex. 1003, ¶¶139-40. Davis describes an RDML file, Ex. 1005, 15:23-25, that
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`contains a line item set of the category type, in which data denoted by the
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`<data_x> tag “includes the x-values and information regarding the x-values” of the
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`line items in the document, and items denoted by the <data_y> tag “contain y-data
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`values.” Id., 24:4-9; 24:35-38; 28:41-47. “The data and metadata of an RDML
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`document may be formatted inside tags which denote the beginning and ending
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`points of each data element.” Id., 20:24-27. Appendix B depicts portions