Kyocera Corporation and Motorola Mobility LLC (Petitioners) v. SoftView LLC (Patent Owner)

Transcription

1 DX-1 Petitioners Exhibit Kyocera Corporation and Motorola Mobility LLC (Petitioners) v. SoftView LLC (Patent Owner) CASE IPR ; CASE IPR ; CASE IPR ; CASE IPR Petitioners Demonstrative Exhibits (Exhibit PX1054)

2 DX-2 Petitioners Exhibit Representative Claim Patent Claim 1 Not Disputed Hardware elements found in the Zaurus PDA Disputed Are software claim elements found in Zaurus and Pad++? Construction of preserves limitation Motivation to combine Zaurus and Pad++

3 DX-3 Petitioners Exhibit Prior Art Zaurus (Ex. 1004) Pad++ (Ex. 1006) Tsutsumitake (Ex. 1005) Hara (Ex. 1008) SVG (Ex. 1007) SVF (Ex. 1009)

4 Zaurus PDA With Wireless Internet Access Power Zaurus discloses hardware limitations recited in claims: (1) processing means; (2) wireless device; (3) display; (4) memory; (5) storage; and (6) wireless access to the Internet. DX-4 Petition at 22-23; Grimes Rep. Decl., ; PX 1004 Petitioners Exhibit

5 DX-5 Petitioners Exhibit Zaurus Zoomable Browser Decision at 23-24, Citing Ex at ; PX 1004 at

6 DX-6 Petitioners Exhibit Zaurus Zoomable Browser To switch the screen from a reduced view to a magnified view, touch Reduced followed by Magnify. Decision at 23-24, Citing Ex at ; PX 1004 at

7 DX-7 Petitioners Exhibit Zaurus Zoomable Browser To switch the screen from a reduced view to a magnified view, touch Reduced followed by Magnify. To switch back from a magnified view to a reduced view, touch Magnify followed by Reduce. Decision at 23-24, Citing Ex at ; PX 1004 at

8 DX-8 Petitioners Exhibit Zaurus Zoomable Browser To switch the screen from a reduced view to a magnified view, touch Reduced followed by Magnify. To switch back from a magnified view to a reduced view, touch Magnify followed by Reduce. Decision at 23-24, Citing Ex at ; PX 1004 at

9 DX-9 Petitioners Exhibit Pad++ Discloses Vectors and Zooming Pad++ discloses vectors Decision at 26 Grimes 1 Decl. (Ex. 1021, 25-56) Ex at 120, Pad++ discloses zooming and panning Decision at 26 Grimes Decl. (Ex. 1021, 57-68) Pad++ discloses scalable vector-based content that supports a scalable resolution-independent representation of the HTML-based content Decision at 26

10 DX-10 Petitioners Exhibit Pad++ Discloses Preserving Page Layout Pad++ can follow links across the Internet, preserving that functionality. Decision at 27, Citing Bederson 5, Pg. 12, [Ex. 1006, Pg. 162] and Grimes 1 Decl. [Ex. 1021], [ ] Pad++ discloses preserving the layout and functionality of the web page when zoomed and panned Decision at 27, Citing Grimes 1 Decl., Ex. 1021, 71-82; , Citing, inter alia PX 1006 at 106, 120, Grimes Reply Decl., Ex. 1030,

11 DX-11 Grimes Decl.,, Ex , citing PX 1006 at 287 Petitioners Exhibit Pad++ Zoom and Preserve Layout Section 3 of Pad++ Tour Page 287 showing Standard View

12 DX-12 Grimes Decl.,, Ex , citing PX 1006 at 291 Petitioners Exhibit Pad++ Zoom and Preserve Layout Section 3 of Pad++ Tour Page 291 showing Zoomed-Out View

13 DX-13 Grimes Decl.,, Ex , citing PX 1006 at 289 Petitioners Exhibit Pad++ Zoom and Preserve Layout Section 3 of Pad++ Tour Page 289 showing Zoomed-In View

14 DX-14 Petitioners Exhibit Hara Hara discloses a client device receiving an HTML document from a server, analyzing it to determine whether there is image data to be displayed and processing the image for display and magnification. Hara [0058] [0068] Decision at Hara discloses selecting a magnification to match the width of the display screen, as recited in element [I] of representative, independent claim 1. Hara [0047], [0060] Decision at 27-28

15 DX-15 Petitioners Exhibit Hara Hara discloses vector based graphics. Grimes Decl., Ex 1021, 87

16 DX-16 Cited in PX 1030 at 82 Petitioners Exhibit Tsutsumitake Tsutsumitake discloses: receiving an HTML document, translating the HTML to (x,y) coordinate information for text and images to be displayed on a client device, and storing the information in a table. (Pet ). Tsutsumitake discloses that straight lines can be specified by starting coordinates and a length, indicating a vector representation of the content. (Pet. 40).

17 DX-17 Petitioners Exhibit SVG The SVG reference describes CSS "All CS text/font attributes from the most recently approved CSS recommendation should be honored by all conforming SVG processors." PX 1007 at 13, Cited in Paper 4 at 52. Decision at 36

18 DX-18 Petitioners Exhibit SVF SVF is designed to be a simple format for describing vector images. "As with most vector formats, the origin (0,0) is in the lower left comer with increasing x coordinates moving to the right and increasing y coordinates moving up." PX1009 at 3. The SVF plug-in also features navigation via HTML hyperlinks [...]. "Both plug-ins work with popular Web browsers such as Netscape Navigator." PS 1009 at 57; PX 1009 at 58. Petition at 54-55

19 DX-19 Petitioners Exhibit Claim Construction Issue Preserves the original page layout, functionality and design

20 DX-20 Petitioners Exhibit How Claim Construction Issue Arose Petition explained that Pad++ preserved the original layout, functionality, and design based on Grimes Declaration. E.g., Petition at 18, 24; Decision at 27, citing Grimes 1 Decl. [Ex. 1021], [ ] 353 Decision at 27: The Grimes 1 Declaration states that the Bederson 3, Bederson 4 and Brief Tour documents demonstrate that Pad++ is capable of zooming and panning a single web page, while preserving the layout and functionality of the web page, including hyperlink functionality. Grimes 1 Decl. [Ex. 1021], [ ] Patent Owner s Response argued validity based on an interpretation of preserve limitation opposite to the definition Patent Owner provided in prosecution.

21 DX-21 Petitioners Exhibit Patent Owner s Prosecution Definition May 20, 2008

22 DX-22 Petitioners Exhibit Patent Owner s Opposition July 19, 2013

23 DX-23 Petitioners Exhibit Petitioners Reply Patent Owner s Opposition Petitioners Reply Patent Owner s Opposition Petitioners quoted Patent Owner s prosecution definition: [T]he scope of the terminology... refers to preserving the design as interpreted by the browser while at different zoom levels and panned views, as opposed to rendering the content identically to how it is rendered by a particular desktop browser that may interpret the page design differently Simply maintaining the layout after a web page has been initially rendered does not meet these claim limitations if that initial rendering does not preserve the original layout, functionality, and design of the HTML content. * * * Section 3 of the Pad++ Brief Tour shows the magnification of a single web page after the page has been rendered by Pad++. (PX ). Section 3 does not show the original page layout, functionality, or design before rendering to determine whether the original layout, functionality, or design was preserved. Petitioners Reply at 4, Citing Patent Owner s Definition of Limitation in Prosecution History. PX 1002 at 233 Patent Owner s Response at 20-21, Making No Reference to Prosecution History

24 DX-24 Petitioners Exhibit Patent Prosecution Preserve Limitation Not found in specification. Paper 28 at 3-4; Paper 36 at 1 Added in May 20, 2008 Amendment in prosecution of 353 patent. Id., Citing PX 1002 at ; Paper 36 at 1-2 Defined in Amendment. ( the scope of the terminology preserving... refers to preserving the design as interpreted by the browser.... ) Paper 28 at 4, Citing PX 1002 at 233; Paper 36 at 2. Definition applies to all renditions of preserving limitation. Paper 28 at 4, Citing PX 1002 at

25 DX-25 Petitioners Exhibit Prosecution 926 Patent Preserve Limitation Added by Examiner s Amendment. Paper 28 at 4, Citing PX 1002 at (Prosecution History of 926 patent); Paper 36 at 2 After Notice of Allowance, Patent Owner filed Comments on Statement of Reasons for Allowance. PX 1002 at 18, (Prosecution History of 926 patent); Paper 28 at 4 Patent Owner s Comments provided the same definition of the preserve limitation as in prosecution of 353 patent. Paper 28 at 4, Citing PX 1002 at 34; Paper 36 at 2

26 Patent Owner s Prosecution Explanation Supporting Prosecution Definition DX-26 Petitioner s Claim Const. Brief at 2, citing Petitioner s Reply Brief at 3 Petitioners Exhibit

27 Patent Owner s Prosecution Explanation Supporting Prosecution Definition DX-27 Petitioner s Claim Const. Brief at 2, citing Petitioner s Reply Brief at 3 Petitioners Exhibit

28 Prosecution History Layout is Preserved Even Though Content Displayed by Netscape and IE is Different DX-28 Petitioner s Claim Const. Brief at 2, citing Petitioner s Reply Brief at 3 Petitioners Exhibit

29 Prosecution History Layout is Preserved Even Though Content Displayed by Netscape and IE is Different DX-29 Petitioner s Claim Const. Brief at 2, citing Petitioner s Reply Brief at 3 Petitioners Exhibit

30 Prosecution History Definition In View of Differences In Layout Between Netscape and IE PX 1002 at 233 DX-30 Petitioner s Claim Const. Brief at 2, citing Petitioner s Reply Brief at 3 Petitioners Exhibit

31 DX-31 Petitioners Exhibit Comparison of Prosecution Definitions 353 Prosecution Statement 926 Prosecution Statement [T]he scope of the terminology preserving the [overall layout, functionality, and] design of the content... refers to preserving the design as interpreted by the browser while at different zoom levels and panned views, as opposed to rendering the content identically to how it is rendered by a particular desktop browser that may interpret the page design differently.... With respect to preserving the original page layout, the page layout (to be preserved) is determined as interpreted by the rendering/layout engine components, rather than as a comparison to how the page might be rendered by a particular desktop browser. IPR2013-4, Ex at 34-35; Paper 28 at 4, Paper 37 at 2 IPR2013-7, Ex at 233; Paper 28 at 4, Paper 36 at 2

32 DX-32 Petitioners Exhibit Prosecution Definition vs. SoftView Opposition Prosecution Definition SoftView Argument [T]he scope of the terminology preserving the [overall layout, functionality, and] design of the content... refers to preserving the design as interpreted by the browser while at different zoom levels and panned views, as opposed to rendering the content identically to how it is rendered by a particular desktop browser that may interpret the page design differently.... Simply maintaining the layout after a web page has been initially rendered does not meet these claim limitations if that initial rendering does not preserve the original layout, functionality, and design of the HTML content. 353 Opp. at 20 IPR2013-7, Ex at 233; Paper 28 at 4, Paper 36 at 2

33 DX-33 Petitioners Exhibit Prosecution Definition vs. SoftView Claim Construction Prosecution Definition SoftView Argument [T]he scope of the terminology preserving the [overall layout, functionality, and] design of the content... refers to preserving the design as interpreted by the browser while at different zoom levels and panned views, as opposed to rendering the content identically to how it is rendered by a particular desktop browser that may interpret the page design differently.... The intrinsic record makes clear that the original layout, functionality, and design that must be preserved refers to the web page as designed for a desktop computer. SoftView Claim Construction Brief at 1. IPR2013-7, Ex at 233; Paper 28 at 4, Paper 36 at 2

34 DX-34 Petitioners Exhibit Broadest Reasonable Construction Must at Least Include The Patent Owner s Explicit Prosecution Definition Sunovian Pharms., Inc. v. Teva Pharms. USA, Inc., 2013 WL (Fed. Cir. 2013), Cited in Paper 36, at 3 [T]he prosecution history shows that the applicants repeatedly defined their invention... Court construed the claim based on applicants prosecution history definition Grimes: Prosecution history definition is consistent with understanding of skilled person. Grimes Rep. Decl

35 DX-35 Petitioners Exhibit Prosecution Definition Consistent With Claim Language First Rendition 353 Patent Claims 1, 33, 139; 926 Patent Claims 30, 31, 40, 41, 43

36 DX-36 Petitioners Exhibit Prosecution Definition Consistent With Claim Language Second Rendition 353 Patent Claims 43, 48, 52, 58, 59, 66, 183, 283; 926 Patent Claims 55, 59, 72, and 75

37 DX-37 Petitioners Exhibit Claim Construction in District Court In patent litigation, district courts do not apply the broadest reasonable interpretation standard and the parties may agree to the construction of certain terms for reasons unrelated to the broadest reasonable interpretation. Thus, the district court s claim construction and the parties agreed constructions may provide the Board useful insight and information, these constructions are not determinative of the broadest reasonable construction for purposes of an inter partes review. Paper 32 IPR-7; Paper 31 IPR-4

38 DX-38 Petitioners Exhibit Petitioners Construction Is Consistent With Understanding of POSITA The phrase preserv[] the original page layout cannot be limited to preserving a pre-rendered page layout because one skilled in the art would have understood that HTML code has no layout until it is processed by the rendering engine and rendered. Paper 36 at 4, Citing PX 1030, Grimes Rep. Decl. 28, PX 1052, Supp. Grimes Decl. at 9 (emphasis in original) Popular browsers of the time (Netscape Navigator, etc.) would render the same HTML-based pages differently. Id., Citing PX 1030, Grimes Rep. Decl. 34

39 DX-39 Petitioners Exhibit Not All Content Need Be Supported According to Patent Owner during prosecution, not all content need be supported by the browser: When a browser encounters content that is not supported natively by the browser, the browser will typically check to see if an appropriate plug-in is available. Depending on the browser and/or particular [w]eb[]site, if an appropriate browser cannot be found, the browser or [w]eb[]site may apprise the user of the situation and enable the user to download the plug-in. In other instances, the content is simply ignored. Thus, in some cases, the Web page may reference content that is never retrieved when the Web page is retrieved by the browser. PTX 1002 at 226, Cited in Petitioners Reply at 3

40 DX-40 Petitioners Exhibit Software Disclosed Pad++ 353/ 926 Patent Specification Pad++ Reference Manual describes the complete Tcl API to Pad++. It describes how to create and modify a pad widget, and all the commands associated with a pad widget that allow you to create and modify items, attach event bindings to them, navigate within the pad widget, etc. NONE Petitioner s Reply at 7-10; PX 1006 at 3; see Decision at 10 (General Cite to Pad++ Reference Manual) Pad++ Programmers Guide. PX 1006 at (Cited in Part in Decision at 27; See also Ex at 57-68) Petitioner s Reply at 8

41 DX-41 Petitioners Exhibit Motivation to Combine Was in Prior Art Grimes: Skilled person would have been motivated to combine Zaurus with Pad++ and with SVG or SVF because: Pad++ is directed to solving a common problem: scaling and panning views of objects to enhance the presentation of webpages on small devices, such as personal digital assistants (PDAs) Zaurus is a mobile device. Pad++ and Zaurus disclosed zoomable browsers Pad++, SVG and SVF disclosed vector based zooming Grimes Decl. Ex Grimes Reply Decl. Ex PTX 1002 at 226, Cited in Petitioners Reply at 3, 5-10

42 DX-42 Petitioners Exhibit Motivation to Combine Was in Prior Art Grimes: Skilled person would have been motivated to combine Zaurus with Hara, Tsutsumitake, and SVG because: Hara disclosed adapting Web pages to displays of various sizes, such as PDAs Tsutsumitake disclosed a method for zooming by converting HTML code into scalable content Zaurus disclosed a mobile device having a zoomable browser Hara and SVG disclosed vector based zooming Grimes Decl. Ex Grimes Reply Decl. Ex , Cited in Petitioners Reply at 10-11

43 DX-43 Petitioners Exhibit Fitting and Zooming Limitations Categories Fit the width or height to fill the display. 353 patent, Claims 1, 48, 51, 52, 118, and 317; 926 patent, Claims 40, 41, and 75 Zoom on a user-selectable portion of a display. 926, Claim 31 Zoom via a corresponding user input. 353, Claims 48, 51;'926, Claim 31 Zoom on a column or image. Zoom via tapping. 353, Claims 48, 51, 52, and 317; 926, Claims 40 and , Claim 317; 926, Claims 40 and 41

44 DX-44 Petitioners Exhibit Tapping to Zoom Claimed Exemplary Claim * * * [and] * * * PX 1001, 353 Patent, Col. 48:55 50:4

45 DX-45 Petitioners Exhibit Pad++ [Pad++, PX 1006 at 163]. Cited in Petition at 32

46 DX-46 Petitioners Exhibit Pad++ Pad++, Bederson_3 at 262 (PX ), Cited in Patent Owner s Response at 11

47 DX-47 Petitioners Exhibit Pad++ Zoom via Corresponding User Input Pad++ also describes clicking on an object to zoom. The new page becomes the current focus and is moved to the center of the screen, at a size suited for viewing. The user may designate any existing page to be the current focus by clicking on it. PX 1006 at 106 (Bederson-3 at 262), Cited in Petition at 24

48 DX-48 Petitioners Exhibit Pad++ Using Bounding Boxes for Layout Pad++ relies on bounding boxes to layout content [o]bjects are stored internally in a hierarchy based on bounding boxes which allow fast indexing to visible objects. PX 1006 at 173 (Bederson-5 at 23), Cited in Petition, Paper 4 at 28

49 DX-49 Petitioners Exhibit Patents Using Bounding Boxes for Layout For example, elements such as tables, column definitions, graphic images, paragraphs, and line breaks are identified. a page layout is built using bounding boxes that are produced for each object. PX 1001 Col. 15:43-17:34; Cited in Paper 4 at 8-10

50 DX-50 Petitioners Exhibit Pad++ Centerbbox Command Pad++ centerbbox command: [13] pathname centerbbox [-twostep] xl yl x2 y2 [time [x y [z [portalid...]]]] Change the View so as to center the specified bounding box so that its largest dimension fills the specified amount of screen(z). PX 1006 at 24, Cited by Decision at 35

51 DX-51 Petitioners Exhibit Tapping Zaurus 353 Petition at 43, Citing Zaurus 2 at 36 (PX 1004 at 613)

52 DX-52 Petitioners Exhibit Tapping Specification Tapping is only mentioned twice in the specification Exemplary user inputs include tap-based inputs to selectively zoom in on columns, images, and paragraphs. PX 1001, 353 Patent, Col. 2:40-44 the user may select to zoom in on an image by tapping the image with the stylus, as shown in FIGS. 8A and 8B. PX 1001, 353 Patent, Col. 20:56-64

53 DX-53 Petitioners Exhibit Tapping POSITA PX 1030 at 63, Grimes Reply Decl. at 63

54 DX-54 Petitioners Exhibit Tapping to Zoom Zaurus To switch the screen from a reduced view to a magnified view, touch Reduced followed by Magnify. To switch back from a magnified view to a reduced view, touch Magnify followed by Reduce. 353 Petition at 54, Citing Zaurus 2 at 86 (PX 1004 at 644)