UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ADOBE INC.,
`
`Petitioner
`
`v.
`
`EXPRESS MOBILE, INC.,
`
`Patent Owner
`
`Case IPR2021-________
`
`U.S. Patent No. 9,928,044
`
`DECLARATION OF IAN CULLIMORE, PH.D. IN SUPPORT OF
`
`PETITION FOR INTER PARTES REVIEW OF
`
`U.S. PATENT NO. 9,928,044
`
`Ex. 1002
`Page 001 of 180
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ADOBE INC.,
`
`Petitioner
`
`v.
`
`EXPRESS MOBILE, INC.,
`
`Patent Owner
`
`Case IPR2021-________
`
`U.S. Patent No. 9,928,044
`
`DECLARATION OF IAN CULLIMORE, PH.D. IN SUPPORT OF
`
`PETITION FOR INTER PARTES REVIEW OF
`
`U.S. PATENT NO. 9,928,044
`
`Ex. 1002
`Page 001 of 180
`
`
`
`TABLE OF CONTENTS
`
`I.
`INTRODUCTION ........................................................................................... 1
`II.
`BACKGROUND AND QUALIFICATIONS ................................................. 1
`III. MATERIALS REVIEWED ............................................................................ 5
`IV. LEVEL OF ORDINARY SKILL IN THE ART ............................................. 8
`V.
`RELEVANT LEGAL STANDARDS ............................................................. 9
`VI. OVERVIEW OF THE ’044 PATENT ..........................................................12
`VII. CLAIM CONSTRUCTION ..........................................................................21
`VIII. STATE OF THE ART ...................................................................................24
`A.
`The Internet, Websites, and Web Browsers ........................................24
`B. Web Services and Registries ...............................................................26
`IX. OVERVIEW OF THE PRIOR ART .............................................................31
`A.
`Huang ..................................................................................................31
`B.
`Shenfield ..............................................................................................46
`THE PRIOR ART DISCLOSES OR SUGGESTS ALL OF THE
`FEATURES OF THE CHALLENGED CLAIMS ........................................49
`A.
`Grounds Challenging Claims 1, 3, 5-6, 11, 13, 15, 17, 19-20, 25, and
`27 of the ’044 Patent ...........................................................................49
`Ground 1: Huang in View of Shenfield Render Claims 1, 3, 5-6, 11,
`13, 15, 17, 19-20, 25, and 27 of the ’044 Patent Obvious ..................49
`1.
`Claim 1 ......................................................................................50
`2.
`Claim 3 ....................................................................................157
`i
`
`X.
`
`B.
`
`Ex. 1002
`Page 002 of 180
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`
`
`Claim 5 ....................................................................................161
`3.
`Claim 6 ....................................................................................162
`4.
`Claim 11 ..................................................................................164
`5.
`Claim 13 ..................................................................................167
`6.
`Claim 15 ..................................................................................169
`7.
`Claim 17 ..................................................................................174
`8.
`Claim 19 ..................................................................................175
`9.
`10. Claim 20 ..................................................................................175
`11. Claim 25 ..................................................................................175
`12. Claim 27 ..................................................................................176
`XI. CONCLUSION ............................................................................................177
`
`ii
`
`Ex. 1002
`Page 003 of 180
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`
`
`I, Ian Cullimore, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained by Petitioner Adobe Inc. (“Adobe” or “Petitioner”)
`
`as an independent expert consultant in this proceeding before the United States
`
`Patent and Trademark Office (“PTO”).
`
`2.
`
`I am being compensated at a rate of $500/hour for my services in this
`
`proceeding, which is my regular and customary rate.
`
`3.
`
`My compensation is in no way contingent on the nature of my findings,
`
`the presentation of my findings in testimony or this declaration, or the outcome of
`
`this or any other proceeding. I have no other interest in this proceeding.
`
`4.
`
`I have been asked to consider whether certain references disclose and/or
`
`suggest the features recited in claims 1, 3, 5-6, 11, 13, 15, 17, 19-20, 25, and 27 of
`
`U.S. Patent No. 9,928,044 (“the ’044 patent”) (Ex-1001).1 My opinions are set forth
`
`below.
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`5.
`
`I am an independent consultant. All of my opinions stated in this
`
`declaration are based on my own personal knowledge and professional judgment. In
`
`forming my opinions, I have relied on my education, knowledge, and some 40 years
`
`1 Where appropriate, I refer to exhibits I understand will be attached to the petition
`for inter partes review of the ’044 patent (the “Petition”)
`1
`
`Ex. 1002
`Page 004 of 180
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`
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`of experience in the field of computer science and software engineering, including,
`
`among other things, the development of interfaces for web services and programs
`
`designed to operate across multiple devices.
`
`6.
`
`I received a bachelor’s degree [B.Sc. (Hons)] in Mathematics from
`
`King’s College, London, in 1981. Additionally, I received a Ph.D. in Cognitive and
`
`Computer Science from the University of Sussex in 2000. I also attended an M.Sc.
`
`course at Imperial College, London, in 1985. I was for a time an Honorary Senior
`
`Research Fellow at the University of Birmingham, UK. I am currently a Visiting
`
`Lecturer at the University of Hereford, UK. I have undertaken various other
`
`Continuous Professional Development courses over the years.
`
`7.
`
`For the majority of my working career, I have been self-employed as a
`
`software, firmware and hardware designer and developer, with a specialization in
`
`operating system design and development for mobile devices, ultra-low power
`
`management, IoT (“Internet of Things”) devices, and computer communications. I
`
`remain a very “hands-on” developer for both software and hardware. I run my own
`
`consulting company, Crushproof Ltd., and from time to time am involved in other
`
`startups, as well as software and hardware, and business development, consulting
`
`for other companies. I currently reside in the UK, but I have lived and worked
`
`extensively in the US, especially in Silicon Valley.
`
`2
`
`Ex. 1002
`Page 005 of 180
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`
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`8.
`
`I have been involved in the design and development of mobile and
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`wireless device software and hardware since 1984. From 2012 to 2015, I served as
`
`Chief Technology Officer at Paqet Systems Corp., a startup I co-founded that
`
`specializes in ultra-low power software operating systems for machine-to-machine,
`
`sensor hubs, wearables, Internet of Things, and other cutting-edge mobile
`
`technologies. Prior to that, from 2010 to 2012, I was Chief Technology Officer at
`
`IOTA Computing, Inc., another startup I co-founded that focused on software
`
`development for similar technology. Both companies were based in Silicon Valley.
`
`Between 2008 and 2010, I was an independent consultant and provided software and
`
`hardware development guidance for a series of technology companies. From 2006
`
`to 2008, I worked as Chief Technology Officer at Martian Gaming Ltd., a London-
`
`based online mobile gaming platform that I co-founded. Additionally, I led the
`
`development of mobile server and client development in the course of serving as
`
`Chief Technology Officer for Cibenix Ltd., a Dublin-based (Ireland) mobile
`
`software developer, from 2004 to 2006. From 1997 to 2003, I served as Chief
`
`Executive Officer and Chief Technology Officer at Informal Software, a company I
`
`co-founded to implement an interface I had developed as part of my doctoral
`
`research.
`
`9.
`
`Additionally, I have extensive professional experience in computer
`
`system design of many disciplines: software (from low-level embedded to high-level
`
`3
`
`Ex. 1002
`Page 006 of 180
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`
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`applications and User Interfaces), hardware and communications, as well as server
`
`technologies. From 1996 to 1997, I worked as Chief Technology Officer and
`
`consultant to Two Way TV, an innovative interactive television company that
`
`developed user-interactive television and games. Between 1994 and 1996, I served
`
`as Software Director at Xircom, Inc., where I created award-winning Ethernet and
`
`modem installer software products and software for mobile Palm handheld devices
`
`to enable receipt and transmission of text messages, as well as Local Area Network
`
`connectivity for handhelds and laptops via innovative adapters and the first PC Card
`
`(“PCMCIA”) LAN adapters. Prior to that, from 1992 to 1994, I developed DOS
`
`power management systems and a secure-login software client at Digital Research
`
`Inc., acquired by Novell Inc. From 1988 to 1991, I was Vice President of Software
`
`Research and Development at Poqet Computer Corp., which I also co-founded; in
`
`that role, I developed power-managing ROM BIOS and created other software and
`
`hardware power management techniques to enhance battery life. Between 1986 and
`
`1988, I served as Chief Technology Officer at D.I.P. Ltd., a company I co-founded
`
`that developed the world’s first “pocket PC.” From 1984 to 1986, I was a Software
`
`Engineer at Psion Ltd., a video game developer; there, I developed a PDA operating
`
`system and communications software. From 1983 to 1984, I was a Video Games
`
`Programmer at Thorn EMI, and from 1981 to 1983, I was a Software Programmer
`
`4
`
`Ex. 1002
`Page 007 of 180
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`
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`at British Aerospace, where I wrote various programs for mainframes (including for
`
`the Concorde program).
`
`10.
`
`I have served as a technical consultant in connection with intellectual
`
`property relating to various computer and mobile device engineering technologies
`
`since 1985. In just the past five years, I have been engaged as a consultant on ten
`
`projects, many of which involved mobile software and hardware development.
`
`11. My work has involved projects specifically including web services and
`
`the development of software capable of operating on multiple devices, operating
`
`systems, and/or platforms. For example, I have developed an interface for web
`
`services for Toyota’s salesforce designed to operate on hand-held devices to connect
`
`to back-end servers. I have also developed for a group at Sheffield University a
`
`device-dependent program to run device-independent XML content to dynamically
`
`present content to and obtain information from a user.
`
`12.
`
`I am over 18 years of age and, if I am called upon to do so, I would be
`
`competent to testify as to the matters set forth herein. I have provided a copy of my
`
`curriculum vitae as Ex-1003, which contains additional details regarding my
`
`background and experience.
`
`III. MATERIALS REVIEWED
`
`13.
`
`The opinions contained in this declaration are based on the documents
`
`I reviewed, my professional judgment, as well as my education, experience, and
`
`5
`
`Ex. 1002
`Page 008 of 180
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`
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`knowledge regarding inventions, electrical engineering, computer science, web
`
`services, registries, and efforts in the field to achieve cross-functionality on various
`
`platforms, such as mobile phones.
`
`14.
`
`In forming my opinions expressed in this declaration, I reviewed the
`
`following materials:
`
` U.S. Patent No. 9,928,044 (“the ’044 patent”) (Ex-1001);
`
` Prosecution History of the ’044 patent (Ex-1004);
`
` U.S. Patent Application Publication No. 2007/0118844 to Jin Huang et al.
`
`(“Huang”) (Ex-1005);
`
` U.S. Patent Application No. 2007/0079282 to Pawan Nachnani et al
`
`(“Nachnani”) (Ex-1006);
`
` U.S. Patent Application No. 2006/0200749 to Michael Shenfield
`
`(“Shenfield”) (Ex-1007);
`
` U.S. Patent No. 9,063,755 (“the ’755 patent”) (Ex-1008);
`
` Prosecution History of the ’755 patent (Ex-1009);
`
` Memorandum Opinion (Dkt. 121), Express Mobile, Inc. v. GoDaddy.com,
`
`LLC, C.A. No. 19-1937-RGA (D. Del. June 1, 2021) (Ex-1011);
`
` Memorandum Order (Dkt. 137), Shopify Inc. et al. v. Express Mobile, Inc.,
`
`C.A. No. 19-439-RGA (D. Del. June 23, 2020) (Ex-1012);
`
`6
`
`Ex. 1002
`Page 009 of 180
`
`
`
` Order on Claim Construction (Dkt. 142), Shopify Inc. et al. v. Express
`
`Mobile, Inc., C.A. No. 19-439-RGA (D. Del. June 30, 2020) (Ex-1013);
`
` Joint Claim Construction Chart (Dkt. 69), Shopify Inc. et al. v. Express
`
`Mobile, Inc., C.A. No. 19-439-RGA (lead case) (D. Del. Jan. 28, 2020)
`
`(Ex-1014);
`
` Joint Claim Construction Brief (Dkt. 117), Shopify Inc. et al. v. Express
`
`Mobile, Inc., C.A. No. 19-439-RGA (lead case) (D. Del. May 8, 2020)
`
`(Ex-1015);
`
` Alan Grosskurth and Michael W. Godfrey, A Reference Architecture for
`
`Web Browsers, Journal of Software Maintenance & Evolution: Research
`
`& Practices 2006; 00:1-7 (2006) (Ex-1016);
`
` Hypertext Markup Language - 2.0, IETF (Nov. 1997), available at
`
`https://datatracker.ietf.org/doc/html/rfc1866 (Ex-1017);
`
` Francisco Curbera et al., Unraveling the Web Services Web, IEEE
`
`Internet Computing Vol. 7, Issue 2 86-93 (Apr. 2002) (Ex-1018);
`
` U.S. Patent Application Publication No. 2007/0067421 (Ex-1019);
`
` Google Search WSDL Document, available at
`
`https://cs.au.dk/~amoeller/WWW/webservices/GoogleSearch.wsdl (Rev.
`
`Aug. 16, 2002) (Ex-1020);
`
` U.S. Patent Application Publication No. 2003/0009523 (Ex-1021);
`
`7
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`Ex. 1002
`Page 010 of 180
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`
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` U.S. Patent Application Publication No. 2006/0034202 (Ex-1022);
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` U.S. Patent Application Publication No. 2004/0186888 (Ex-1023);
`
` U.S. Patent Application Publication No. 2006/0221190 (Ex-1024);
`
` U.S. Patent Application Publication No. 2007/0100836 (Ex-1025);
`
` U.S. Patent No. 7,191,160 (Ex-1026);
`
` Steven J. Vaughan-Nichols, Web Services: Beyond the Hype, Computer
`
`35(2):18-21 (Feb. 2002) (Ex-1027);
`
` U.S. Patent No. 7,873,625 (Ex-1028); and
`
` U.S. Patent Application Publication No. 2006/0230462 (Ex-1029).
`
`IV. LEVEL OF ORDINARY SKILL IN THE ART
`
`15.
`
`I was asked to provide my opinion on the level of one of ordinary skill
`
`in the art with respect to the alleged invention of the ’044 patent as of April 7, 2008.
`
`Based on my review of the types of problems encountered in the art, prior solutions
`
`to those problems, the rapidity with which innovations were made, the sophistication
`
`of the technology, and the educational level of active workers in the field, I believe
`
`a person of ordinary skill in the art would have had a Bachelor of Science degree in
`
`Computer Science, Computer Engineering, or equivalent, plus two years working
`
`experience. More education can supplement practical experience and vice versa.
`
`8
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`Ex. 1002
`Page 011 of 180
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`16. All of my opinions in this declaration are from the perspective of one
`
`of ordinary skill in the art as I have defined it here during the relevant timeframe
`
`(i.e., mid-2008) (“POSITA”).
`
`V.
`
`RELEVANT LEGAL STANDARDS
`
`17.
`
`I am not an attorney and offer no legal opinions, but in the course of
`
`my work, I have had experience studying and analyzing patents and patent claims
`
`from the perspective of a person skilled in the art.
`
`18.
`
`For the purposes of this declaration, I have been informed about certain
`
`aspects of the law that are relevant to forming my opinions. My understanding of the
`
`law is as follows:
`
`19.
`
`Petitioner’s counsel has informed me that a patent claim is invalid as
`
`“anticipated” if each and every limitation of the claim is found, either expressly or
`
`inherently, in a single device or method that predates the claimed invention or is
`
`described in a single publication or patent that predates the claimed invention.
`
`Petitioner’s counsel has informed me that, in patent law, these previous devices,
`
`methods, publications, or patents are called “prior art.”
`
`20.
`
`Petitioner’s counsel has informed me that claim limitations that are not
`
`expressly found in a prior art reference are inherent if the prior art necessarily
`
`functions in accordance with, or includes, the claim limitations. I understand that,
`
`for a claimed limitation to be inherently present, the prior art need not expressly
`
`9
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`Ex. 1002
`Page 012 of 180
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`
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`disclose the limitation, so long as the claimed limitation necessarily flows from a
`
`disclosure in the prior art. I also understand that it is acceptable to examine evidence
`
`outside the prior art reference (extrinsic evidence) in determining whether a feature,
`
`while not expressly discussed in the reference, is necessarily present in that
`
`reference.
`
`21.
`
`Petitioner’s counsel has informed me that a patent claim can be
`
`considered to have been obvious to a person of ordinary skill in the art at the time
`
`the application was filed. I am informed this means that, even if all of the
`
`requirements of a claim are not found in a single prior art reference, the claim is not
`
`patentable if the differences between the subject matter in the prior art and the
`
`subject matter in the claim would have been obvious to a person of ordinary skill in
`
`the art at the time the of the invention.
`
`22.
`
`Petitioner’s counsel has informed me that a determination of whether a
`
`claim would have been obvious should be based upon several factors, including,
`
`among others:
`
` the level of ordinary skill in the art at the time the application was filed;
`
` the scope and content of the prior art; and
`
` what differences, if any, existed between the claimed invention and the
`
`prior art.
`
`10
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`Ex. 1002
`Page 013 of 180
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`
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`23.
`
`Petitioner’s counsel has informed me that a single reference can render
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`a patent claim obvious if any differences between that reference and the claims
`
`would have been obvious to a person of ordinary skill in the art. Alternatively, I
`
`understand that the teachings of two or more references may be combined in the
`
`same way as disclosed in the claims, if such a combination would have been obvious
`
`to one having ordinary skill in the art. In determining whether a combination based
`
`on either a single reference or multiple references would have been obvious, it is
`
`appropriate to consider, among other factors:
`
` whether the teachings of the prior art references disclose known concepts
`
`combined in familiar ways, and when combined, would yield predictable
`
`results;
`
` whether a person of ordinary skill in the art could implement a predictable
`
`variation, and would see the benefit of doing so;
`
` whether the claimed elements represent one of a limited number of known
`
`design choices, and would have a reasonable expectation of success by those
`
`skilled in the art;
`
` whether a person of ordinary skill would have recognized a reason to combine
`
`known elements in the manner described in the claim;
`
` whether there is some teaching or suggestion in the prior art to make the
`
`modification or combination of elements claimed in the patent; and
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`11
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`Ex. 1002
`Page 014 of 180
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`
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` whether the innovation applies a known technique that had been used to
`
`improve a similar device or method in a similar way.
`
`24.
`
`Petitioner’s counsel has informed me that one of ordinary skill in the
`
`art has ordinary creativity and is not an automaton. Petitioner’s counsel has also
`
`informed me that in considering obviousness, obviousness may not be determined
`
`using the benefit of hindsight, including hindsight derived from the patent being
`
`considered.
`
`VI. OVERVIEW OF THE ’044 PATENT
`
`25.
`
`The ’044 patent is titled “Systems and Methods for Programming
`
`Mobile Devices.” It “generally relates to providing software for mobile devices, and
`
`more particularly to a method and system for authoring Applications for devices.”
`
`(Ex-1001, 1:6-8.)
`
`26.
`
`The ’044 patent describes a “system” with “a database of web services
`
`obtainable over a network and an authoring tool” that “generate[s] code to provide
`
`content on a display of a platform.” (Ex. 1001, 1:33-36.) The ’044 patent states that
`
`“[t]he authoring tool is configured to define an object for presentation on the display,
`
`select a component of a web service included in said database, associate said object
`
`with said selected component, and produce code that, when executed on the
`
`platform, provides said selected component on the display of the platform.” (Id.,
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`1:36-42.) One “mechanism for binding the outputs of the web service to the UI
`
`12
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`Ex. 1002
`Page 015 of 180
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`
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`components is through symbolic references that matches each output to the symbolic
`
`name of the UI component.” (Id., 9:22-25.) The generated code includes a device-
`
`independent “Application” and a device-dependent “Player.” (See id., Abstract,
`
`1:59-2:3.)
`
`27.
`
`The ’044 patent explains that Figure 1A, reproduced below, shows “a
`
`system including an authoring platform and a server for providing programming
`
`instructions to a device over a network.” (Ex-1001, 2:14-17.)
`
`13
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`Ex. 1002
`Page 016 of 180
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`
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`(’044 patent, Fig. 1A.)
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`Specifically, Figure 1A “is an illustrative schematic” of “a system 100 including an
`
`authoring platform 110 and a server 120 for providing programming instructions to
`
`a device 130 over a network N.” (Ex-1001, 2:65-3:1.) The ’044 patent explains that
`
`“[i]n general, a user of authoring platform 110 may produce programming
`
`instructions or files that may be transmitted over network N to operate device 130,
`
`including instructions or files that are sent to device 130 and/or server 120.” (Id.,
`
`3:6-10.)
`
`28.
`
`The ’044 patent explains that “[i]n one embodiment, system 100
`
`provides permits [sic] a user of authoring platform 110 to provide instructions to
`
`each of the plurality of devices 130 in the form of a device- or device-platform
`
`specific instructions for processor 135 of the device, referred to herein and without
`
`limitation as a ‘Player,’ and a device-independent program, referred to herein and
`
`without limitation as an ‘Application.’” (Id., 5:13-19.) “[D]evice 130 utilizes a
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`Player and an Application to execute programming from authoring platform 110”
`
`and, because “[t]he programming is parsed into instructions used by different device
`
`platforms and instructions that are independent of device platform,” “authoring
`
`platform 110 may be used to generate programming for a plurality of devices 130
`
`having one of several different device platforms.” (Ex-1001, 5:19-28.) Put
`
`differently, one device-independent Application can run on multiple devices through
`
`14
`
`Ex. 1002
`Page 017 of 180
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`
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`the use of multiple device-specific Players that translate the Application into
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`instructions that can be recognized by the specific device. (See id., 5:46-59, 6:8-21.)
`
`The ’044 patent contemplates that the “Player” need not necessarily be a stand-alone
`
`executable, and it can be “activated by a web browser or other software on device
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`130.” (Ex-1001, 5:31-32.)
`
`29.
`
`The ’044 patent explains that “code in a device-independent format,”
`
`which the ’044 patent refers to as a “Portable Description Language (PDL),” is
`
`“conceptually viewed as a device, operating system and virtual machine agnostic
`
`representation of Java serialized objects.” (Ex-1001, 6:8-10, 6:54-58.) As a result,
`
`a device-independent Application coded in PDL “no longer ha[s] any dependencies
`
`from the original programming language (Java) that they were defined in.” (Id.,
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`7:21-25.)
`
`30.
`
`Figure 2A of the ’044 patent, reproduced below, “illustrat[es] the
`
`communications between different system components.” (Id., 8:4-6.)
`
`15
`
`Ex. 1002
`Page 018 of 180
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`
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`(Ex-1001, Fig. 2A.)
`
`31.
`
`The ’044 patent explains that “authoring platform 110 permits a user to
`
`design desired displays for screen 137 and actions of device 130”—i.e., “authoring
`
`platform 110 is used to program the operation of device 130.” (Ex-1001, 4:16-19.)
`
`One aspect of the authoring system is that it allows “a user to assign actions to one
`
`or more of an input object, an output object, or an action object,” and the user can
`
`“bind one or more of [such objects] with web services or web components.” (Id.,
`
`6:44-53.) The ’044 patent explains that “[w]eb service 230 is a plurality of services
`
`obtainable over the Internet.” (Id., 8:26-27.)
`
`16
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`Ex. 1002
`Page 019 of 180
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`
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`32.
`
`The ’044 patent explains that “[a] user of authoring platform 110 of
`
`system 200 may define associations with web services as WebComponent
`
`Bindings,” such as “associat[ing] certain objects for display that provide input or
`
`output to components of web service 230.” (Id., 8:56-60.) The ’044 patent discloses
`
`the use of “web component registry 220,” which “may contain consumer inputs
`
`related to each web service 230, environmental data such as PIM, time or location
`
`values, persistent variable data, outputs related to the web service, and/or optional
`
`hinting for improving the user’s productivity,” “so that a user of the authoring
`
`platform may bind web services 230 to elements to be displayed on device 130. (Id.,
`
`8:30-34, 8:44-55.) In one embodiment of the ’044 patent, “the mechanism for
`
`binding the outputs of the web service to the UI components is through symbolic
`
`references that matches each output to the symbolic name of the UI component.”
`
`(Id., 9:22-28.)
`
`33. At a high level, the ’044 patent relates to systems and methods that
`
`allow for designing cross-functional web pages, utilizing device-independent
`
`Applications that define the content and a set of device-specific Players that translate
`
`the Applications to run on various devices. The Applications contain user interface
`
`objects that may be bound to web services through “symbolic references” or
`
`“symbolic names.”
`
`17
`
`Ex. 1002
`Page 020 of 180
`
`
`
`34.
`
`Exemplary claims 1 and 15 of the ’044 patent are representative of the
`
`independent claims of the ’044 patent. They are reproduced below.
`
`1. A system for generating code to provide content on
`a display of a device, said system comprising:
`computer memory storing:
`a) symbolic names required for evoking one or
`more web components each related to a set of
`inputs and outputs of a web service obtainable
`over a network, where the symbolic names are
`character strings that do not contain either a
`persistent address or pointer to an output value
`accessible to the web service, where each
`symbolic name has an associated data format
`class type corresponding to a subclass of User
`Interface (UI) objects that support the data
`format type of the symbolic name, and where
`each symbolic name has a preferred UI object,
`and
`b) the address of the web service;
`an authoring tool configured to:
`define a UI object for presentation on the display,
`where said defined UI object corresponds to a web
`component included in said computer memory
`selected from a group consisting of an input of
`the web service and an output of the web service,
`where each defined UI object is either:
`1) selected by a user of the authoring tool; or
`2) automatically selected by the system as the
`preferred UI object corresponding to the
`symbolic name of the web component
`selected by the user of the authoring tool,
`access said computer memory to select the symbolic
`name corresponding to the web component of
`the defined UI object,
`associate the selected symbolic name with the
`defined UI object, where the selected symbolic
`name is only available to UI objects that support
`
`18
`
`Ex. 1002
`Page 021 of 180
`
`
`
`the defined data format associated with that
`symbolic name,
`store information representative of said defined UI
`object and related settings in a database;
`retrieve said information representative of said one
`or more said UI object settings stored in said
`database; and
`build an application consisting of one or more web
`page views from at least a portion of said
`database utilizing at least one player, where said
`player utilizes
`information stored
`in said
`database to generate for the display of at least a
`portion of said one or more web pages,
`wherein, when the application and player are
`provided to the device and executed on the
`device, and
`when the user of the device provides one or more
`input values associated with an input symbolic
`name to an input of defined UI object, the device
`provides the user provided one or more input
`values and corresponding input symbolic name
`to the web service, the web service utilizes the
`input symbolic name and the user provided one
`or more input values for generating one or more
`output values having an associated output
`symbolic name,
`and the player receives the output symbolic name
`and corresponding one or more output values
`and provides instructions for the display of the
`device to present an output value in the defined
`UI object.
`
`15. A method of displaying content on a display of a
`device having a player, and non-volatile computer
`memory storing symbolic names required for evoking one
`or more web components each related to a set of inputs and
`outputs of a web service obtainable over a network, where
`ethe symbolic names are character strings that do not
`contain either a persistent address or pointer to an output
`value accessible to the web service, where each symbolic
`19
`
`Ex. 1002
`Page 022 of 180
`
`
`
`type
`format class
`name has an associated data
`corresponding to a subclass of User Interface (UI) objects
`that support the data format type of the symbolic name,
`and where each symbolic name has a preferred UI object,
`and an address of the web service, said method
`comprising:
`defining a UI object for presentation on the display,
`where said UI object corresponds to a web
`component included in the computer memory,
`where said web components is selected from a
`group consisting of an input of a web service and an
`output of the web service, where each defined UI
`object is either: 1) selected by a user of the
`authoring tool; or 2) automatically selected by a
`system as a preferred UI object corresponding to a
`symbolic name of the web component selected by
`the user of the authoring tool;
`selecting the symbolic name corresponding to the web
`component of the defined UI object;
`associating the selected symbolic name with the
`defined UI object, where the selected symbolic
`name is only available to UI objects that support the
`defined data format associated with that symbolic
`name;
`storing information representative of said defined UI
`object and related settings in a database;
`retrieving said information representative of said one
`or more said UI object settings stored in said
`database;
`building an application consisting of one or more web
`page views from at least a portion of said database
`utilizing the player, where said player utilizes
`information stored in said database to generate for
`the display of at least a portion of said one or more
`web pages,
`wherein, when the application and player are provided
`to the device and executed on the device, and when
`the user of the device provides one or more input
`values associated with an input symbolic name to an
`input of defined UI object, 1) the device provides
`20
`
`Ex. 1002
`Page 023 of 180
`
`
`
`the user provided one or more input values and
`corresponding input symbolic name to the web
`service, 2) the web service utilizes the input
`symbolic name and the user provided one or more
`input values for generating one or more output
`values having an associated output symbolic name,
`and 3) said Player receives the output symbolic
`name and corresponding one or more output values
`and provides instructions for the display of the
`device to present an output value in the defined UI
`object.
`
`VII. CLAIM CONSTRUCTION
`
`35.
`
`I understand that claim terms are typically given their ordinary and
`
`customary meanings, as would have been understood by a POSITA at the time of
`
`the alleged invention. I have been asked to assume for purposes of this declaration
`
`that the time of the alleged invention is the filing date of the earliest provisional
`
`application to which the ’044 patent claims priority, which is April 7, 2008. I also
`
`understand that the meanings of claim terms are not determined in a vacuum but
`
`rather in the context of the claims, the specification, and the prosecution history.
`
`36.
`
`I understand that Express Mobile has stipulated to the following claim
`
`constructions, which district courts have adopted:
`
`21
`
`Ex. 1002
`Page 024 of 180
`
`
`
`Term
`“authoring tool” /
`
`Stipulated Construction
`“a system, with a graphical interface, for generating code
`
`“authoring tool
`
`to display content on a device screen” (Ex-1011, 10.)
`
`configured to”
`
`“for evoking one or
`
`“for calling up one or more web components” (Ex-1011,
`
`more web components”
`
`10.)
`
`“preferred UI object”
`
`“a UI object associated with a data type that is favored
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