throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent of: Matt Crowley, et al.
`U.S. Patent No.:
`8,497,928 Attorney Docket No.: 39521-0047IP1
`Issue Date:
`July 30, 2013
`
`Appl. Serial No.: 11/831,051
`
`Filing Date:
`July 31, 2007
`
`Title:
`TECHNIQUES TO AUTOMATICALLY FOCUS A
`DIGITAL CAMERA
`
`DECLARATION OF PHILLIP D. WRIGHT
`
`1. My name is Phillip D. Wright.
`
`
`
`2.
`
`I am currently the Founder and Managing Director of WRT Associates,
`
`LLC, which provides, among other services, engineering consulting.
`
`3.
`
`I received a Bachelor of Science in Engineering from Purdue
`
`University, West Lafayette, IN in 1972.
`
`4.
`
`I received a Master of Science in Electrical Engineering from the
`
`University of Illinois at Urbana Champaign, IL in 1975.
`
`5.
`
`I received a Doctor of Philosophy degree in Electrical Engineering from
`
`the University of Illinois at Urbana Champaign, IL in 1977.
`
`6.
`
`Since completing my graduate studies, I have worked at Fortune 500
`
`and start-up companies on semiconductor, electronic, optical, information display
`
`and optoelectronic technology development. I have contributed to several industries
`
`including communications, consumer electronics, mobile handsets, displays,
`
`engineering services and defense electronics.
`
`1
`
`APPLE 1003
`
`

`

`7.
`
`As a manager, I have led project teams that were granted more than 50
`
`issued U.S. patents and related foreign filings. I have contributed as an inventor to
`
`16 issued U.S. patents.
`
`8.
`
`From 1977 to 1979, I was an engineer at Varian Associates, a Palo Alto,
`
`CA based company that developed, manufactured and sold semiconductor devices,
`
`high vacuum material processing equipment, semiconductor processing equipment,
`
`and medical diagnostic equipment among other products. My significant projects
`
`included research on crystal growth of semiconductor materials for light emitting
`
`diodes (LEDs) and semiconductor lasers.
`
`9.
`
`From 1979-1984, I held positions as a member of technical staff and
`
`supervisor at Bell Telephone Laboratories, a Murray Hill, NJ company that was the
`
`research arm of the Bell System and the American Telephone and Telegraph
`
`Company (AT&T). In 1984, I was a district research manager of the newly formed
`
`Bell Communications Research (Bellcore). My significant projects included
`
`research and development of laser designs and fabrication processes for high
`
`reliability semiconductor lasers used in the first transatlantic optical communication
`
`system.
`
`10. From 1984-1987, I was a founder and manager of Lytel Incorporated,
`
`a Branchburg, NJ firm that developed, manufactured and sold optoelectronic devices
`
`and modules for optical communications systems.
`
`2
`
`

`

`11. From 1987-1990, I was a manager at Ford Microelectronics, Inc., a
`
`Colorado Springs, CO company that designed electronic engine controllers for the
`
`parent Ford Motor Company and conducted independent research and development
`
`on behalf of Ford Aerospace Corporation. My significant projects included
`
`development of integrated circuit (IC) technology with performance at frequencies
`
`up to 80 GHz and analysis of the influence of transistor design parameters on device
`
`performance resulting in improved understanding and achievement of device
`
`performance at frequencies greater than 100 GHz.
`
`12. From 1990-1993, I was the founder, president, and general manager at
`
`Martin Kestrel Company, Inc., a Colorado Springs, CO company providing device-
`
`oriented semiconductor material evaluation services to the global epitaxial
`
`semiconductor material industry.
`
`13. From 1993-1998, I was a manager at Motorola in Tempe, AZ. I helped
`
`establish the Displays Division of the Consumers Systems Group. The Displays
`
`Division was formed to market and manufacture low power, high information
`
`content displays for portable products such as mobile phone handsets and digital
`
`cameras. While at Motorola, I led technology development for a new display
`
`business based on miniature light emitting diode array displays, and liquid crystal
`
`displays on silicon, combined with magnifying injection molded plastic optics
`
`yielding a low cost, low power, high information content display for portable
`
`3
`
`

`

`products. I established an optical design group for lens and optomechanical system
`
`design, and managed an interdisciplinary team of engineers and scientists with
`
`expertise in optics, optoelectronics, electronic system design, display technology,
`
`display human factors, and portable product user-interface design. I managed
`
`product and technology development, evaluated technology alternatives and
`
`business alliances, and partnered with customers and suppliers to bring the Motorola
`
`VirtuoVueTM display to market. I engaged in an early customer partnership with
`
`Gemplus (La Ciotat, France) that delivered the SmartVue card reader and won an
`
`Innovation Award at the international smart card exhibit. I established a business
`
`alliance with Kopin Corporation to manufacture and market low cost color display
`
`products. I identified and engaged with a wide range of critical display customers
`
`and product definers including Microsoft, Philips, Nextel, AT&T, Telcordia,
`
`DARPA, and the Motorola equipment divisions. I established key vendor
`
`relationships and negotiated supply agreements for injection molded plastic
`
`diffractive optics with Kodak, Polaroid, and Donnelly Corporation. I initiated a
`
`program for display applications research and rapid prototyping. This effort
`
`delivered several new product prototypes including wireless email and internet
`
`browsers, cell phones with color graphical user interfaces, and a visual
`
`communicator mobile handset integrating a digital cell phone with a color display,
`
`4
`
`

`

`and a color CMOS VGA resolution digital camera system for wireless image transfer
`
`using packet data services.
`
`14.
`
`In 1999, I was director, development engineering at AMP Incorporated
`
`in Harrisburg, PA, which was acquired that year by Tyco Electronics. At AMP, I
`
`managed a staff of 30 engineers and technicians at two locations responsible for
`
`product development of optoelectronic components, packaging, and transceivers for
`
`optical data communications.
`
`15. From 2000-2001, I was project director, Corning Inc., Corning, NY. At
`
`Corning, I directed a fast track optical switch project with an annual operating budget
`
`of $140 million working with geographically dispersed project teams at six locations
`
`in the US and Europe.
`
`16. Beginning in 2002, I commenced work as an independent consultant.
`
`17. My significant consulting engagements involved business development
`
`and commercialization of new products such as printed wiring boards with
`
`embedded optical waveguides, and business development for a company
`
`establishing a new high technology facility in the United Kingdom to provide leased
`
`manufacturing facilities and new business incubation. I also provided market
`
`research and international outreach services for the Optoelectronics Industry
`
`Development Association (OIDA).
`
`5
`
`

`

`18.
`
`In 2007, I founded WRT Associates LLC to formalize and expand my
`
`consulting practice.
`
`19. Presently I am the founder, managing director, and chief analyst of
`
`WRT Associates in Fort Collins, CO.
`
`20. My ongoing consulting engagements have included projects involving
`
`printed light emitting diodes for general illumination applications, optical
`
`characteristics of metal mesh
`
`touch sensors for mobile device displays,
`
`semiconductor laser devices for projection displays, as well as patent analysis and
`
`patent litigation engagements involving mobile handset technologies, touch sensors,
`
`touch screen displays, touch-based user interfaces for mobile devices, substrates,
`
`materials, design and fabrication of light emitting diodes used for general
`
`illumination and display backlighting, electronic lighting control systems, and
`
`dimmable LED lighting fixtures.
`
`21.
`
`I provide technical consulting and market analysis for new and
`
`emerging high technologies including optoelectronics, optics, high brightness light
`
`emitting diodes (HBLEDs), Organic LEDs (OLEDs), solid state lighting (SSL),
`
`displays, display applications, touch sensors, wireless handsets, mobile devices, user
`
`interfaces, wireless device applications of optoelectronics, and semiconductor
`
`materials and devices. Engagements include technical consulting, intellectual
`
`property assessment, and expert testimony in litigations.
`
`6
`
`

`

`22.
`
`I am a Life Senior Member of the Institute of Electrical and Electronic
`
`Engineers (IEEE) and the author or coauthor of numerous peer reviewed technical
`
`articles. I have authored industry reports, made presentations at leading international
`
`conferences on subjects including the future of interactive displays and display
`
`technologies for mobile devices, and have contributed editorial content for Insight
`
`Media and Display Daily covering information displays, input output device
`
`technologies, user interface advances, and new mobile device technologies.
`
`23. Throughout my professional career,
`
`I have utilized various
`
`photographic methods, techniques, and cameras to carry out my engineering
`
`projects. Some relevant photographic approaches have included monochrome and
`
`color film photography, video imaging and recording, digital still and video
`
`photography, microphotography, metallurgical microscopy and microphotography,
`
`microphotographic inspection and recording of crystalline defects, infrared video
`
`camera observation and recording, photolithographic semiconductor wafer
`
`processing to submicron dimensions, photolithographic semiconductor wafer
`
`processing using visible and infrared light mask alignment, microscopic critical
`
`dimension video measurement, as well as direct view display and projection display
`
`of still photography and video images. My over forty years of professional
`
`experience with electrical engineering and design, as well as my educational
`
`background, are summarized in more detail in my C.V.
`
`7
`
`

`

`24.
`
`I have been retained on behalf of Apple Inc. to offer technical opinions
`
`relating to U.S. Patent No. 8,497,928 (the ’928 Patent), and prior art references
`
`relating to its subject matter. I have reviewed the ’928 Patent (APPLE-1001) and
`
`relevant excerpts of the prosecution history of the ’928 Patent (APPLE-1002).
`
`Additionally, I have reviewed the following:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`j.
`
`k.
`
`l.
`
`APPLE-1005 USP 6,919,927 (“Hyodo”)
`
`APPLE-1006 USPub 2006/0055814 (“Okawa”)
`
`APPLE-1007 USP 6,151,073 (“Steinberg’073”)
`
`APPLE-1009 USP 7,852,381 (“Abe”)
`
`APPLE-1011 USPub 2007/0086764 (“Konicek”)
`
`APPLE-1012 USPub 2003/0193600 (“Kitamura”)
`
`APPLE-1013 USP 6,977,687 (“Suh”)
`
`APPLE-1014 USPub 2006/0204056 (“Steinberg’056”)
`
`APPLE-1015 USPub 2004/0189856 (“Tanaka”)
`
`APPLE-1016 USP 7,253,836 (“Suzuki”)
`
`APPLE-1017 DIGITAL PHOTOGRAPHY FOR DUMMIES, 5TH
`
`EDITION (2005)
`
`APPLE-1018 NIKON COOLPIX 5700 USER GUIDE (2004)
`
`(http://pages.mtu.edu/~shene/DigiCam/User-
`
`/5700/AUTO-FOCUS/Auto-Focus.html)
`
`m.
`
`APPLE-1019 USING DIGITAL WHITE BALANCE INDOORS
`
`(2004) (https://web.archive.org/web/200406111
`
`8
`
`

`

`n.
`
`o.
`
`p.
`
`q.
`
`r.
`
`s.
`
`t.
`
`u.
`
`v.
`
`w.
`
`x.
`
`y.
`
`
`
`
`31613/http://www.olympusamerica.com/cpg_se
`ction/lessons/C750/WBIndoors/index.html)
`
`APPLE-1020
`
`LCM ASSEMBLY TECHNIQUES (2002)
`
`APPLE-1021 ANALOG RESISTIVE TOUCH PANELS AND
`
`SUNLIGHT READABILITY (2006)
`
`APPLE-1022 MODERN DICTIONARY OF ELECTRONICS, 7TH
`
`EDITION (1999) (excerpt, “central processing
`
`unit”)
`
`APPLE-1023
`
`
`10 USABILITY HEURISTICS FOR USER INTERFACE
`DESIGN (1995)
`
`APPLE-1024
`
`
`BATTERY USAGE IN HP DIGITAL CAMERAS
`(2005)
`
`APPLE-1025 WHITE BALANCE AND COLOR CORRECTION IN
`
`DIGITAL CAMERAS (2005)
`
`APPLE-1026
`
`
`SONY DSC-HW REVIEW (2006) (https://www.
`imaging-resource.com/PRODS/H2/H2A.HTM)
`
`APPLE-1027 MODERN DICTIONARY OF ELECTRONICS, 7TH
`
`EDITION (1999) (excerpt, “microprocessor”)
`
`APPLE-1028
`
`
`
`
`Canon SD700 IS Review (2007) (https://web.
`archive.org/web/20070202030332/http://www.i
`maging-resource.com:80/PRODS/SD700/SD70
`0A.HTM)
`
`APPLE-1029
`
`
`TRENDS; A LIBERATED VIEW OF THE WORLD AS
`VIEWFINDERS ECLIPSE EYEPIECES (2006)
`
`APPLE-1030
`
`
`CANON EOS-3: INSTRUCTIONS (excerpt) (1998-
`2007)
`
`APPLE-1031
`
`CANON SD1000 REVIEW (2007)
`
`9
`
`

`

`z.
`
`aa.
`
`bb.
`
`APPLE-1032 DIGITAL CAMERA BASICS: UNDERSTANDING
`
`EXPOSURE
`(2005)
`(https://www.pcmag.com/
`
`article2/0,2817,1777910,00.asp)
`
`APPLE-1033
`
`
`LENS DRIVERS FOCUS ON PERFORMANCE IN
`HIGH-RESOLUTION CAMERA MODULES (2006)
`
`APPLE-1036
`
`
`FUNDAMENTALS OF OPTICS, FOURTH EDITION
`(excerpt) (2001)
`
`25. Counsel has informed me that I should consider these materials through
`
`the lens of a person having ordinary skill in the art related to the ’928 Patent at the
`
`time of the earliest purported priority date of the ’928 Patent, and I have done so
`
`during my review of these materials. I understand that the ’928 Patent was filed on
`
`July 31, 2007 (hereinafter the “Critical Date”) without a priority claim to an earlier
`
`filing date.
`
`26. A person of ordinary skill in the art as of the Critical Date of the ’928
`
`Patent (hereinafter a “POSITA”) would have had a Master of Science Degree in an
`
`academic area emphasizing electrical engineering, computer engineering, optics
`
`design, or an equivalent field (or a similar technical Master’s Degree, or higher
`
`degree). Alternatively, a POSITA would have had a Bachelor’s Degree (or higher
`
`degree) in an academic area emphasizing one or more of these technical disciplines
`
`and three or more years of corresponding industry work experience. Such an
`
`individual would also have education or industry experience in the area of user-
`
`interface design. Additional education or industry experience may compensate for
`
`10
`
`

`

`a deficit in one of the other aspects of the requirements stated above. I base this on
`
`my own practical and educational experiences, including my knowledge of
`
`colleagues and others at the time.
`
`27.
`
`I am familiar with the knowledge and capabilities of a POSITA as noted
`
`above. Specifically, my experience working with designers and engineers practicing
`
`in industry has allowed me to become directly and personally familiar with the level
`
`of skill of individuals and the general state of the art.
`
`28.
`
`I have no financial interest in either party or in the outcome of this
`
`proceeding. I am being compensated for my work as an expert on an hourly basis,
`
`for all tasks involved. My compensation is not dependent in any manner on the
`
`outcome of these proceedings or on the content of my opinions.
`
`29. My opinions, as explained below, are based on my education,
`
`experience, and background in the fields discussed above. Unless otherwise stated,
`
`my testimony below refers to the knowledge of a POSITA in the fields as of the
`
`Critical Date, which I understand to be July 31, 2007, or before.
`
`30. This declaration is organized as follows:
`
`I.
`Detailed Review of ’928 Patent (¶¶31-44)
`II.
`Terminology (¶45)
`III.
`Legal Standards for Prior Art (¶¶46-68)
`IV. Overview of Conclusions Formed (¶69)
`V.
`Hyodo (¶70)
`
`11
`
`

`

`VI. Okawa (¶71)
`VII. Steinberg’073 (¶72)
`VIII. Combination of Hyodo, Okawa, and Steinberg’073 (¶¶73-116)
`IX. Abe (¶117)
`X.
`Combination of Hyodo, Okawa, Steinberg’073, and Abe (¶¶118-
`124)
`XI. Konicek (¶125)
`XII. Kitamura (¶126)
`XIII. Suh (¶127)
`XIV. Steinberg’056 (¶128)
`XV. Combination of Konicek, Kitamura, Suh, and Steinberg’056
`(¶¶129-182)
`XVI. Tanaka (¶183)
`XVII. Combination of Konicek, Kitamura, Suh, Steinberg’056, and
`Tanaka (¶¶184-188)
`XVIII. Suzuki (¶189)
`XIX. Combination of Konicek, Kitamura, Suh, Steinberg’056, and
`Suzuki (¶¶190-196)
`XX. Conclusion (¶197)
`Detailed Review of ’928 Patent
`31. The ’928 Patent is “generally directed to techniques to automatically
`
`I.
`
`focus a digital camera.” ’928 Patent, 1:36-37. In discussing the technological
`
`background of its disclosure, the ’928 Patent explains that “[m]any digital cameras
`
`provide an autofocus feature” that “allows a user of a digital camera to obtain the
`
`correct focus on a subject rather than requiring the operator to adjust focus
`
`12
`
`

`

`manually.” ’928 Patent, 1:13-16. As the ’928 Patent suggests, one common way
`
`for a user to control the point of focus in the image was to press the shutter button
`
`down halfway, which would “lock” the auto-focus functionality, preventing further
`
`focus adjustments while the user moved the camera to adjust the position of the
`
`object-in-focus within the frame. For example, the ’928 Patent states: “Typically a
`
`user may assist the camera by determining which area of the photograph to focus on
`
`by performing a button half press[.]” ’928 Patent, 1:16-19. This technique was
`
`described in the popular book “DIGITAL PHOTOGRAPHY FOR DUMMIES,” which was
`
`in print prior to the Critical Date (APPLE-1017).
`
`the focus
`“Cameras with autofocus automatically adjust
`depending on the distance of the subject from the lens. Most
`cameras with autofocus abilities offer a very useful feature called
`focus lock. You can use this feature to specify exactly which
`object you want the camera to focus on, regardless of the object’s
`position in the frame. Usually, you center the subject in the
`viewfinder, press the shutter button halfway down to lock the
`focus, reframe, and then snap the picture.” p.86 (original
`emphasis); see also pp.156-157.
`
`32. The ’928 Patent characterizes this button-half-press technique as
`
`“convoluted,” and therefore states that “[p]roviding a technique to allow users to
`
`more easily determine the area of the photograph they wish to focus on may be
`
`desirable.” ’928 Patent, 1:19-21. In accordance with this objective, the ’928 Patent
`
`13
`
`

`

`describes “embodiments [that] are particularly directed to automatically focusing a
`
`digital camera using a display device.” ’928 Patent, 1:37-39.
`
`33. The ’928 Patent’s Figure 1 illustrates a mobile electronic device 100,
`
`which “may comprise, or be implemented as, any type of wireless device, mobile
`
`station, or portable computing device with a self-contained power source.” ’928
`
`Patent, 1:52-2:4. Mobile electronic device 100 includes a host processor 102, which
`
`“may be responsible for executing various software programs such as system
`
`programs and applications programs to provide computing and processing
`
`operations for the mobile electronic device 100.” ’928 Patent, 3:3-6. The ’928
`
`Patent’s host processor 102 can be implemented as a central processing unit (CPU)
`
`through a “general purpose processor” and/or as any one of a variety of processing
`
`devices (e.g., a controller, microcontroller, microprocessor, dedicated processor,
`
`etc.). ’928 Patent, 3:17-30.
`
`34. Host processor 102 is coupled to a variety of components, including a
`
`display 114 and various A/V devices 118 (e.g., a digital camera), and controls these
`
`components via signals communicated through a digital interface. ’928 Patent, 3:64-
`
`4:15. As for display 114, the ’928 Patent explains:
`
`“The mobile electronic device 100 may comprise a display 114
`coupled to the host processor 102. The display 114 may comprise
`any suitable visual interface for displaying content to a user of
`the mobile electronic device 100. In one embodiment, for
`
`14
`
`

`

`example, the display 114 may be implemented by a LCD such as
`a touch-sensitive color (e.g., 16-bit color) thin-film transistor
`(TFT) LCD screen. In some embodiments, the touch-sensitive
`LCD may be used with a stylus and/or a handwriting recognizer
`program.” ’928 Patent, 4:29-37; see also 7:43-52.
`
`35. The ’928 Patent goes on to explain that “mobile electronic device 100
`
`may comprise or implement a focus management module 130 . . . on the same
`
`integrated circuit as the host processor 102,” as illustrated in Figure 1. ’928 Patent,
`
`6:63-7:8. According to the ’928 Patent, “[f]ocus management module 130 may be
`
`arranged to provide automatic focus control to a user.” ’928 Patent, 6:65-66.
`
`
`36. The ’928 Patent’s Figure 2 illustrates a digital camera system 200 as a
`
`representative example of mobile electronic device 100. ’928 Patent, 7:9-12. For
`
`instance, digital camera system 200 may be representative of one of the A/V devices
`
`15
`
`

`

`118 of mobile electronic device 100. ’928 Patent, 7:53-54. As shown in Figure 2,
`
`digital camera system 200 includes focus management module 130, display 114, a
`
`digital camera 202, and a pointing component 214. ’928 Patent, 7:19-21. While
`
`focus management module 130 and digital camera 202 are illustrated as separate
`
`elements in the diagram of Figure 2, the ’928 Patent confirms that “some portion or
`
`the entire focus management module 130 may be included on the same integrated
`
`circuit as the digital camera 202.” ’928 Patent, 7:24-29.
`
`37. Digital camera 202 includes a controller 220 that “provide[s] control
`
`signals to components of digital camera 202, including lens position component 206,
`
`microphone position component 208 and flash control module 216, to provide
`
`functionality for digital camera system 200.” ’928 Patent, 7:61-66. This
`
`“functionality” includes “provid[ing] automatic focus control to a user.” ’928 Patent,
`
`8:18-23. As I previously suggested, the ’928 Patent indicates that controller 220 and
`
`focus management module 130 can be implemented by the same processing
`
`device—e.g., host processor 102 of mobile electronic device 100. ’928 Patent, 7:2-
`
`5 (focus management module 130 can be implemented by host processor 102), 8:1-
`
`3 (controller 220 can be implemented by host processor 102), 8:16-18 (focus
`
`management module 130 is the same in Figure 1 and 2), 8:23-25 (“the focus
`
`management module 130 may be implemented on the same integrated circuit as
`
`controller 220”). As one example, the ’928 Patent states: “Focus management
`
`16
`
`

`

`module 130 may . . . be implemented as computer executable instructions stored on
`
`memory 212 to be executed by controller 220.” ’928 Patent, 8:30-33. Thus, a focal
`
`point selection module 232, a focus control module 234, and a white balance control
`
`module 236—each constituents of focus management module 130—can be
`
`implemented by controller 220 through host processor 102. ’928 Patent, 7:34-36.
`
`38. Focus control module 234, as implemented by controller 220, provides
`
`control signals to lens position component 206 “to adjust [a] lens component 204”
`
`of digital camera 202. ’928 Patent, 8:35-63, 9:22-34. According to the ’928 Patent,
`
`“[l]ens component 204 may consist of a photographic or optical lens or assembly of
`
`lenses made of transparent material,” so as to “reproduce an image of an
`
`object.” ’928 Patent, 8:36-41. The ’928 Patent goes on to explain that the lens
`
`component 204 can “allow for zooming in or out on the object by mechanically
`
`changing the focal length of the lens elements.” ’928 Patent, 8:41-43. The ’928
`
`Patent then also states:
`
`“In one embodiment, the one or more lens elements of lens
`component 204 may reproduce an image of an object and allow
`for zooming in or out on the object by mechanically changing the
`focal length of the lens elements. In various embodiments, digital
`zoom may be employed in digital camera system 200 to zoom in
`or out on an image. In some embodiments the one or more lens
`elements of lens component 204 may be used to focus on
`different portions of the image by varying the focal length of the
`
`17
`
`

`

`lens elements. The desired focus can be obtained with an
`autofocus feature of digital camera system 200 or by manually
`focusing on the desired portion of the image, for example.” ’928
`Patent, 8:39-50.
`
`39. The ’928 Patent goes on to describe a focal point selection module 232
`
`coupled to focus control module 234 and display 114. ’928 Patent, 9:7-8, 9:22-26.
`
`As I previously noted, the ’928 Patent describes display 114 as a touch-sensitive
`
`LCD. ’928 Patent, 8:43-52. The ’928 Patent further explains that the image viewed
`
`through lens component 204 is reproduced on display 114 with a first focal point,
`
`and display 114 provides “a substantially real-time preview of the image to allow
`
`for framing and previewing before capturing a photograph.” ’928 Patent, 8:64-9:4.
`
`As to the term “focal point,” the ’928 Patent “refers to the intended center of interest
`
`of a photograph [that] is typically the point where the image will be in clearest
`
`focus.” ’928 Patent, 9:4-6.
`
`40. Focal point selection module 232 “allow[s] for the selection of a second
`
`focal point for the image . . . by an operator using the display 114 to indicate that a
`
`second focal point is desired.” ’928 Patent, 9:7-11. For example, the ’928 Patent
`
`explains that touch-sensitive display 114 sends XY coordinates for the second focal
`
`point to the focal point selection module. ’928 Patent, 9:11-15. The XY coordinates
`
`correspond to the area of display 114 touched by the user via stylus or finger. ’928
`
`Patent, 9:15-21. Focus control module 234 then “provide[s] focus control signal to
`
`18
`
`

`

`the lens position component 206 to focus the lens component 204 on the second focal
`
`point,” in the manner I previously discussed. ’928 Patent, 9:22-26.
`
`41. As I mentioned previously, focus management module 130
`
`implemented by controller 220 further includes a white balance module 236. As
`
`the ’928 Patent describes, white balance module 236 is “coupled to the focal point
`
`selection module 232” and “configured to modify a white balance setting value for
`
`the image based on the second focal point” selected by the user. ’928 Patent, 10:3-
`
`7. White balance control, in the context of the ’928 Patent, refers to adjustments of
`
`“the relative amounts of red, green, and blue primary colors in an image.” ’928
`
`Patent, 10:10-13.
`
`42.
`
`I also previously mentioned that the ’928 Patent’s digital camera 202 is
`
`described as including a flash control module 216, which is managed by the
`
`controller 220 implementing focus management module 130. According to the ’928
`
`Patent, “[t]he flash control module 216 may be configured to select a flash level
`
`value representing flash intensity for the flash component 218 based on the second
`
`focal point” selected by the user. ’928 Patent, 10:19-22. As one example, the ’928
`
`Patent notes that flash component 218 may consist of a device “that produces an
`
`instantaneous flash of light, typically around 1/3000 of a second at a color
`
`temperature of about 5500K.” ’928 Patent, 10:25-28. In my experience, these
`
`specifications are typical of flash devices employed in portable digital cameras
`
`19
`
`

`

`around the Critical Date. APPLE-1017, 130; APPLE-1019, 2. More specifically,
`
`the ’928 Patent’s description of the flash is consistent with the output of a xenon
`
`flash tube widely used in portable digital cameras around the Critical Date.
`
`43. The basic paradigm of the ’928 Patent is depicted by the three-step
`
`“logic flow” of Figure 3 (provided below)—Display the image with a first focal
`
`point (302); Select a second focal point for the image (304); and Focus on the second
`
`focal point (306). ’928 Patent, 1:30, 10:55-11:3.
`
`
`44. While the majority of its disclosure concerns functions implemented
`
`before image capture, the ’928 Patent further describes how “the image may be
`
`captured using a touchscreen display”—e.g., the above-described touch-sensitive
`
`LCD. ’928 Patent, 11:8-9. In particular, the ’928 Patent indicates that a user can
`
`apply pressure to the touchscreen display “to indicate that the image on the display
`
`20
`
`

`

`is ready to be committed to memory.” ’928 Patent, 11:9-12. For instance, the ’928
`
`Patent notes that a user could perform a double tap gesture on the touchscreen
`
`display to trigger image capture. ’928 Patent, 11:13-16. The following passage
`
`provides an illustrative scenario for application of a camera incorporating the feature
`
`set of the ’928 Patent:
`
`“In the above described embodiments, the user need only tap the
`portion of the touchscreen display of the mobile electronic device
`to set the focal point on a different, desired location. In the given
`example, the user may tap the touchscreen display in the area of
`the face of their friend to change the focal point away from the
`waterfall. In various embodiments the user may also capture the
`image by tapping the touchscreen a second time or by performing
`a double tap on the touchscreen.” ’928 Patent, 12:35-43.
`
`II.
`
`Terminology
`45.
`I understand that the best indicator of claim meaning is its usage in the
`
`context of the patent specification as understood by a POSITA. I further understand
`
`that the words of the claims should be given their plain meaning unless that meaning
`
`is inconsistent with the patent specification or the patent’s history of examination
`
`before the Patent Office. I also understand that the words of the claims should be
`
`interpreted as they would have been interpreted by a POSITA at the time of the
`
`alleged invention was made (not today). Because I do not know at what date the
`
`21
`
`

`

`alleged invention was made, I have used the Critical Date of the ’928 Patent as the
`
`point in time for claim interpretation purposes. That date was July 31, 2007.
`
`III. Legal Standards for Prior Art
`46.
`In view that I am not an attorney, my understanding of the legal
`
`standards throughout this section are based on discussion with counsel and
`
`experience in prior patent cases.
`
`47.
`
`I understand that a patent or other publication must first qualify as prior
`
`art before it can be used to invalidate a patent claim.
`
`48.
`
`I understand that a U.S. or foreign patent qualifies as prior art to an
`
`asserted patent if the date of issuance of the patent is prior to the invention of the
`
`asserted patent. I further understand from petitioner's counsel that a printed
`
`publication, such as an article published in a journal, magazine or trade publication,
`
`qualifies as prior art to an asserted patent if the date of publication is prior to the
`
`invention of the asserted patent.
`
`49.
`
`I understand that a U.S. or foreign patent also qualifies as prior art to
`
`an asserted patent if the date of issuance of the patent is more than one year before
`
`the filing date of the asserted patent. I further understand that a printed publication,
`
`such as an article published in a magazine or trade publication, constitutes prior art
`
`to an asserted patent if the publication occurs more than one year before the filing
`
`date of the asserted patent.
`
`22
`
`

`

`50.
`
`I understand that a U.S. patent qualifies as prior art to the asserted patent
`
`if the application for that patent was filed in the United Stated before the invention
`
`of the asserted patent.
`
`A.
`
`Legal Standards for Anticipation
`I understand that patents or printed publications that qualify as prior art
`
`51.
`
`can be used to invalidate a patent claim as anticipated or as obvious.
`
`52.
`
`I understand that, once the claims of a patent have been properly
`
`construed, the second step in determining anticipation of a patent claim requires a
`
`comparison of the properly construed claim language to the prior art on a limitation-
`
`by-limitation basis.
`
`53.
`
`I understand that a prior art reference “anticipates” an asserted claim,
`
`and thus renders the claim invalid, if all limitations of the claim are disclosed in that
`
`prior art reference, either explicitly or inherently (i.e., necessarily present).
`
`54.
`
`I understand that anticipation in an inter partes review must be proven
`
`by a preponderance of the evidence.
`
`B.
`
`Legal Standards for Obviousness
`I understand that even if a patent is not anticipated, it is still invalid if
`
`55.
`
`the differences between the claimed subject matter and the prior art are such that the
`
`subject matter as a whole would have been obvious at the time the invention was
`
`made to a POSITA.
`
`23
`
`

`

`56.
`
`I understand that a POSITA provides a reference point from which the
`
`prior art and claimed invention should be viewed. This reference point is applied
`
`instead of someone using his or her own insight or hindsight in deciding whether a
`
`claim is obvious.
`
`57.
`
`I also understand that an obviousness determination includes the
`
`consideration of various factors such as: (1) the scope and content of the prior art,
`
`(2) the differences between the prior art and the asserted claims, (3) the level of
`
`or

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