IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Ezra Eddie Bakhash
`In re Patent of:
`9,304,654
`
`
`U.S. Patent No.:
`April 5, 2016
`Issue Date:
`Appl. Serial No.: 14/503,142
`
`Filing Date:
`September 30, 2014
`Title:
`SYSTEM AND METHOD FOR DISPLAYING A TIMELINE
`ASSOCIATED WITH A PLURALITY OF APPLICATIONS
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 9,304,654 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`TABLE OF CONTENTS
`
`I.
`
`II.
`
`INTRODUCTION ........................................................................................... 1
`
`REQUIREMENTS FOR IPR .......................................................................... 4
`A. Grounds for Standing ................................................................................ 4
`B. Challenge and Relief Requested ............................................................... 4
`
`III. OVERVIEW OF THE ’654 PATENT ............................................................ 5
`A. Brief Description ....................................................................................... 5
`
`IV.
`
`Level of Ordinary Skill in the Art ................................................................. 10
`
`V.
`
`CLAIM CONSTRUCTION—37 C.F.R. §42.104(b)(3) ............................... 10
`
`VI. APPLICATION OF PRIOR ART TO THE ’654 PATENT CLAIMS ......... 11
`A. GROUNDS 1A/2A: Claims 1-5, 7-8, 10-13, 15-17, and 19 are obvious
`over Anthony in view of Hanggie or Hanggie in view of Anthony ....... 11
`1.
`Overview of Anthony .................................................................... 11
`2.
`Overview of Hanggie .................................................................... 16
`3.
`Combination of Anthony and Hanggie ......................................... 23
`4.
`Combination of Hanggie and Anthony ......................................... 31
`5. Manner in which Grounds 1A and 2A render obvious Claims 1-5,
`7-8, 10-13, 15-17, and 19 .............................................................. 35
`B. GROUNDS 1B/2B – Claims 6, 9, 14, and 18 are obvious over HAC and
`Matthews ................................................................................................. 75
`1.
`Overview of Matthews .................................................................. 75
`2.
`Combination of Matthews with HAC ........................................... 77
`3. Manner in which HAC and Matthews render claims 6, 9, 14, and
`18 obvious ..................................................................................... 78
`
`VII. PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 84
`A. 35 U.S.C. §325(d) – Advanced Bionics .................................................. 84
`B. 35 U.S.C. §314(a) - Fintiv ...................................................................... 86
`1.
`Factor 1: Petitioner Requested a Stay ........................................... 86
`2.
`Factor 2: The Board’s Statutory Timeline is More Reliable Than
`the District Court’s ........................................................................ 87
`Factor 3: Petitioner’s Diligence and Investment in IPR Favors
`Institution ....................................................................................... 87
`Factor 4: The Petition’s Grounds are Materially Different from
`Any That Might be Raised in Litigation ...................................... 87
`
`4.
`
`3.
`
`i
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`5.
`6.
`
`Factor 5: Parties in Parallel Proceedings ....................................... 88
`Factor 6: The Merits of this Petition Compel Institution ............. 88
`
`VIII. CONCLUSION .............................................................................................. 89
`PAYMENT OF FEES – 37 C.F.R. §42.103 ................................................. 89
`
`IX.
`
`X. MANDATORY NOTICES—37 C.F.R §42.8(a)(1) ................................... 90
`A. Real Party-In-Interest—37 C.F.R. §42.8(b)(1) ....................................... 90
`B. Related Matters—37 C.F.R. §42.8(b)(2) ................................................ 90
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) .................. 90
`D. Service Information ............................................................................... 92
`
`ii
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`LIST OF EXHIBITS
`
`APPLE1001
`
`U.S. Patent No. 9,304,654 (“’0654 Patent”)
`
`APPLE1002
`
`U.S. Patent No. 9,304,654 File History
`
`APPLE1003
`
`Declaration of Dr. Henry Fuchs
`
`APPLE1004
`
`Complaint, SpaceTime3D, Inc. v Apple Inc., 6-22-cv-00149,
`(W.D. Tex.), Feb. 10, 2022
`
`APPLE1005
`
`Apple Opening Claim Construction Brief, SpaceTime3D, Inc. v
`Apple Inc., 6-22-cv-00149, (W.D. Tex.), Sept. 1, 2022
`
`APPLE1006
`
`US Patent Pub. No. 2005/0088447 (“Hanggie”)
`
`APPLE1007
`
`US Patent Pub. No. 2005/0091596 (“Anthony”)
`
`APPLE1008
`
`US Patent Pub. No. 2006/0107229 (“Matthews”)
`
`APPLE1009
`
`RESERVED
`
`APPLE1010
`
`Dictionary of Electrical & Computer Engineering, McGraw-
`Hill, 2004.
`
`APPLE1011
`
`US Patent Pub. No. 2012/0053926 (“Satpute”)
`
`APPLE1012
`
`US Patent No. 5,664,896 (“Blumberg”)
`
`APPLE1013
`
`US Patent No. 7,536,676 (“Baker”)
`
`APPLE1014-APPLE1019
`
`RESERVED
`
`APPLE1020
`
`U.S. District Courts–Combined Civil and Criminal Federal
`Court Management Statistics (June 30, 2022) | United States
`Courts (uscourts.gov),
`
`iii
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`https://www.uscourts.gov/sites/default/files/fcms_na_distprofile
`0630.2022_0.pdf (last visited December 9, 2022)
`
`APPLE1021
`
`Memorandum, Interim Procedure for Discretionary Denials in
`AIA Post-Grant Proceedings with Parallel District Court
`Litigation (USPTO June 21, 2022) (“Director’s Guidance”)
`
`APPLE1022
`
`Order Cancelling Markman Hearing, SpaceTime3D, Inc. v
`Apple Inc., 6-22-cv-00149, (W.D. Tex.)
`
`APPLE1023
`
`Apple’s Opposed Motion to Stay Pending Transfer,
`SpaceTime3D, Inc. v. Apple Inc., Case No.:6:22-cv-00149
`(WDTX)
`
`APPLE1024
`
`Scheduling Order, SpaceTime3D, Inc. v. Apple Inc., Case
`No.:6:22-cv-00149 (WDTX)
`
`APPLE1025
`
`Order Resetting Markman Hearing, SpaceTime3D, Inc. v. Apple
`Inc., Case No.:6:22-cv-00149 (WDTX)
`
`APPLE1026
`
`Stipulation by Apple, SpaceTime3D, Inc. v. Apple Inc., Case
`No.:6:22-cv-00149 (WDTX)
`
`LGE1027
`
`LGE1028
`
`
`
`
`
`Declaration of Service of Summons, SpaceTime3D, Inc. v.
`LG Electronics U.S.A., Inc., et al., Case No. 2:22-cv-00049-RWS
`(EDTX)
`
`Docket Control Order, SpaceTime3D, Inc. v. LG Electronics
`U.S.A., Inc., et al., Case No. 2:22-cv-00049-RWS (EDTX)
`
`LGE1029
`
`Email Between Counsel Regarding Electronic Service
`
`iv
`
`

`

`Claim 1
`
`[1pre]
`
`[1a]
`
`[1b]
`
`[1c]
`
`[1c-1]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`LISTING OF CHALLENGED CLAIMS
`
`A method for displaying a timeline associated with a
`plurality of applications and allowing a user to modify an
`output of one of said plurality of applications by
`interacting with said timeline, comprising:
`
` receiving a plurality of inputs from a user, said plurality of
`inputs comprising at least first, second, and third inputs;
`
` opening said plurality of applications in response to said
`plurality of inputs, said plurality of applications
`comprising at least first, second, and third applications,
`wherein each one of said plurality of applications is
`configured to (i) generate an object having application-
`specific data, (ii) display said object on a display device,
`and (iii) allow said user to modify at least a portion of said
`application-specific data by interacting with said object;
`and
`
` displaying on said display device said timeline associated
`with said plurality of applications, comprising;
`
` generating a plurality of images, said plurality of images
`comprising at least first, second, and third images, wherein
`said first image is an image of at least a portion of a first
`object generated by said first application and having first
`application-specific data, said second image is an image of
`at least a portion of a second object generated by said
`second application and having second application-specific
`data, and said third image is an image of at least a portion
`of a third object generated by said third application and
`having third application-specific data; and
`
`v
`
`

`

`[1c-2]
`
`[1d]
`
`[1d-1]
`
`[1d-2]
`
`[1d-3]
`
`[1d-4]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
` displaying said plurality of images in a three-dimensional
`space on said display device in an order based on a last
`time that said user one of (i) opened said first application
`and interacted with said first object, (ii) opened said
`second application and interacted with said second object,
`and (iii) opened said third application and interacted with
`said third object, such that a first one in said order is
`displayed in a foreground of said three-dimensional space,
`a second one in said order is displayed in a background of
`said three-dimensional space, behind at least said first one
`in said order, and a third one in said order is displayed in a
`background of said three-dimensional space, behind at
`least said second one in said order; and
`
` allowing said user to modify at least a portion of one of
`said first, second, and third application-specific data,
`comprising:
`
` receiving a first interaction from said user with one of said
`plurality of images corresponding to one of said plurality
`of applications;
`
` replacing said plurality of images within said three-
`dimensional space with one of said first, second, and third
`objects corresponding to said one of said plurality of
`applications within a two-dimensional space in response to
`said first interaction;
`
` receiving a second interaction by said user with said one
`of said first, second, and third objects within said two-
`dimensional space; and
`
` modifying said one of said first, second, and third
`application-specific data in response to said second
`interaction.
`
`vi
`
`

`

`Claim 2
`
`[2]
`
`Claim 3
`
`[3]
`
`Claim 4
`
`[4]
`
`Claim 5
`
`[5]
`
`Claim 6
`
`[6a]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`The method of claim 1, wherein said step of displaying
`said plurality of images on said display device further
`comprises displaying said plurality of images together
`with a plurality of icons, wherein each one of said plurality
`of images has a corresponding one of said plurality of
`icons.
`
`The method of claim 1, wherein said step of displaying
`said plurality of images on said display device further
`comprises displaying said plurality of images together
`with a plurality of descriptions, wherein each one of said
`plurality of images has a corresponding one of said
`plurality of descriptions.
`
`The method of claim 1, further comprising the step of
`storing in a database data linking each one of said plurality
`of images with a corresponding one of said plurality of
`applications and a corresponding one of said order in
`which said plurality of images are displayed on said
`display device.
`
`The method of claim 1, wherein said step of displaying
`said plurality of images further comprises displaying said
`plurality of images one of horizontally and vertically on
`said display device.
`
` The method of claim 1, further comprising the steps of:
`displaying a fourth image on said display device, said
`fourth image being an image of a desktop having at least
`one other application; and
`
`vii
`
`

`

`[6b]
`
`[6b-1]
`
`[6b-2]
`
`[6b-3]
`
`[6b-4]
`
`Claim 7
`
`[7a]
`
`[7b]
`
`Claim 8
`
`[8]
`
`Claim 9
`
`[9]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
` allowing said user to open said other application,
`comprising:
`
` receiving a third interaction from said user with said
`fourth image;
`
` replacing said fourth image with said desktop in response
`to said third interaction;
`
` receiving a fourth interaction from said user with said
`other application; and
`
` opening said other application in response to said fourth
`interaction.
`
` The method of claim 1, further comprising the steps of:
`receiving a third interaction from said user on said display
`device; and
`
` reordering said order in which said plurality of images are
`displayed on said display device in response to said third
`interaction.
`
`The method of claim 1, wherein said step of replacing said
`plurality of images with one of said first, second, and third
`objects, further comprises enlarging a size of at least said
`one of said plurality of images before replacing said one of
`said plurality of images with said one of said first, second,
`and third objects, thereby simulating movement of said
`one of said plurality of images in a z-axis of said display
`device.
`
`The method of claim 1, wherein each one of said plurality
`of applications comprises a web browser application, and
`each one of said first, second, and third objects comprises
`a web browser window.
`
`viii
`
`

`

`Claim 10
`
`[10pre]
`
`[10a]
`
`[10b]
`
`[10c]
`
`[10d]
`
`[10d-1]
`
`[10d-2]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`A system for displaying a timeline associated with a
`plurality of applications and allowing a user to modify an
`output of one of said plurality of applications by
`interacting with said timeline, comprising:
`
` a display device;
`
` at least one input device;
`
` at least one processor operatively coupled to said display
`device and said at least one input device; and
`
` a memory device comprising executable code for:
`
` receiving a plurality of inputs from said at least one input
`device, said plurality of inputs comprising at least first,
`second, and third inputs;
`
` opening said plurality of applications in response to said
`plurality of inputs, said plurality of applications
`comprising at least first, second, and third applications,
`wherein each one of said plurality of applications is
`configured to (i) generate an object having application-
`specific data, (ii) display said object on said display
`device, and (iii) allow said user to modify at least a portion
`of said application-specific data by interacting with said
`object; and
`
`[10d-3]
`
` displaying on said display device said timeline associated
`with said plurality of applications, comprising:
`
`ix
`
`

`

`[10d-3i]
`
`[10d-3ii]
`
`[10d-4]
`
`[10d-4i]
`
`[10d-4ii]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
` generating a plurality of images, said plurality of images
`comprising at least first, second, and third images, wherein
`said first image is an image of at least a portion of a first
`object generated by said first application and having first
`application-specific data, said second image is an image of
`at least a portion of a second object generated by said
`second application and having second application-specific
`data, and said third image is an image of at least a portion
`of a third object generated by said third application and
`having third application-specific data; and
`
` displaying said plurality of images within a three-
`dimensional space on said display device in an order based
`on a last time that said at least one processor received (i)
`said first input and a last interaction with said first object,
`(ii) said second input and a last interaction with said
`second object, and (iii) said third input and a last
`interaction with said third object, such that a first one in
`said order is displayed in a foreground of said three-
`dimensional space, and second and third ones in said order
`are displayed in a background of said three-dimensional
`space; and
`
` allowing said user to modify at least a portion of one of
`said first, second, and third application-specific data,
`comprising:
`
` receiving a fourth input from said at least one input
`device, said fourth input interacting with one of said
`plurality of images corresponding to one of said plurality
`of applications;
`
` replacing said plurality of images within said three-
`dimensional space with one of said first, second, and third
`objects corresponding to said one of said plurality of
`applications within a two-dimensional space in response to
`said fourth input;
`
`x
`
`

`

`[10d-4iii]
`
`[10d-4iv]
`
`Claim 11
`
`[11]
`
`Claim 12
`
`[12]
`
`Claim 13
`
`[13]
`
`Claim 14
`
`[14a]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
` receiving a fifth input from said at least one input device,
`said fifth input interacting with said one of said first,
`second, and third objects within said two-dimensional
`space; and
`
` modifying said one of said first, second, and third
`application-specific data in response to said fifth input.
`
`The system of claim 10, wherein said step of displaying
`said plurality of images on said display device further
`comprises displaying said plurality of images together
`with a plurality of icons, wherein each one of said plurality
`of images has a corresponding one of said plurality of
`icons.
`
`The system of claim 10, wherein said step of displaying
`said plurality of images on said display device further
`comprises displaying said plurality of images together
`with a plurality of descriptions on said display device,
`wherein each one of said plurality of images has a
`corresponding one of said plurality of descriptions.
`
`The system of claim 10, wherein said memory device
`stores data linking each one of said plurality of images
`with a corresponding one of said plurality of applications
`and a corresponding one of said order in which said
`plurality of images are displayed on said display device.
`
` The system of claim 10, wherein said executable code is
`further configured to: display a fourth image on said
`display device, said fourth image being an image of a
`desktop having at least one other application; and
`
`xi
`
`

`

`[14b]
`
`[14b-1]
`
`[14b-2]
`
`[14b-3]
`
`[14b-4]
`
`Claim 15
`
`[15a]
`
`[15b]
`
`Claim 16
`
`[16]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
` allow said user to open said other application, said
`executable code being further configured to:
`
` receive an interaction from said user with said fourth
`image;
`
` replace said fourth image with said desktop in response to
`said interaction with said fourth image;
`
` receive an interaction from said user with said other
`application; and
`
` open said other application in response to said interaction
`with said other application.
`
` The system of claim 10, wherein said executable code is
`further configured to: receive a third interaction from said
`user on said display device; and
`
` reorder said order in which said plurality of images are
`displayed on said display device in response to said third
`interaction.
`
`The system of claim 10, wherein said step of displaying
`said plurality of images within said three-dimensional
`space further comprises displaying said second one in said
`order behind at least said first one in said order, and
`displaying said third one in said order behind at least said
`second one in said order.
`
`xii
`
`

`

`Claim 17
`
`[17]
`
`Claim 18
`
`[18]
`
`Claim 19
`
`[19pre]
`
`[19a]
`
`[19b]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`The system of claim 10, wherein said step of replacing said
`plurality of images with one of said first, second, and third
`objects, further comprises enlarging a size of at least said
`one of said plurality of images before replacing said one of
`said plurality of images with said one of said first, second,
`and third objects, thereby simulating movement of said
`one of said plurality of images in a z-axis of said display
`device.
`
`The system of claim 10, wherein each one of said plurality
`of applications comprises a web browser application, and
`each one of said first, second, and third objects comprises
`a web browser window.
`
`A method for displaying information on a plurality of
`applications and allowing a user to modify an output of
`one of said plurality of applications by interacting with
`said information, comprising:
`
` receiving a plurality of inputs from a user, said plurality of
`inputs comprising at least first, second, and third inputs;
`
` opening said plurality of applications in response to said
`plurality of inputs, said plurality of applications
`comprising at least first, second, and third applications,
`wherein each one of said plurality of applications is
`configured to (i) generate an output having application-
`specific data, (ii) display said output on a display device,
`and (iii) allow said user to modify at least a portion of said
`application-specific data by interacting with said output;
`and
`
`[19c]
`
` displaying on said display device said information on said
`plurality of applications, comprising;
`
`xiii
`
`

`

`[19c-1]
`
`[19c-2]
`
`[19d]
`
`[19d-1]
`
`[19d-2]
`
`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
` generating a plurality of images, said plurality of images
`comprising at least first, second, and third images, wherein
`said first image is an image of at least a portion of an
`output generated by said first application and having first
`application-specific data, said second image is an image of
`at least a portion of an output generated by said second
`application and having second application-specific data,
`and said third image is an image of at least a portion of an
`output generated by said third application and having third
`application-specific data; and
`
` displaying said plurality of images within a three-
`dimensional space on said display device in an order that
`said application-specific data associated with each one of
`said plurality of applications was displayed on said display
`device, wherein a first one in said order is displayed in a
`foreground, a second one in said order is displayed in a
`background behind at least said first one in said order, and
`a third one in said order is displayed in a background
`behind at least said second one in said order; and
`
` allowing said user to modify at least a portion of one of
`said first, second, and third application-specific data,
`comprising:
`
` receiving a first interaction from said user with one of said
`plurality of images corresponding to one of said plurality
`of applications;
`
` replacing said plurality of images within said three-
`dimensional space with a particular output within a two-
`dimensional space, said particular output corresponding to
`said one of said plurality of applications in response to
`said first interaction;
`
`[19d-3]
`
` receiving a second interaction by said user with said
`particular output within said two-dimensional space; and
`
`xiv
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`[19d-4]
`
` modifying said one of said first, second, and third
`application-specific data in response to said second
`interaction.
`
`xv
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
`
`I.
`
`INTRODUCTION
`
`LG Electronics Inc., LG Electronics U.S.A., Inc., and Google LLC (together,
`
`"Petitioner") request an Inter Partes Review ("IPR") of claims 1-19 (“Challenged
`
`Claims”) of U.S. Patent No. 9,304,654 (“the’654 patent”). This petition is
`
`substantively the same as IPR2023-00343 (which is currently pending institution)
`
`and is being filed concurrently with a motion for joinder with respect to that
`
`proceeding. Petitioners respectfully request institution of an IPR and cancellation of
`
`the Challenged Claims as unpatentable.
`
`The ’654 Patent is directed to a three-dimensional computing interface “that
`
`allows the user to efficiently navigate though [sic] a virtual space wherein groups
`
`of windows can be easily organized, stored, and retrieved.” APPLE1001, 1:29-37,
`
`2:35-43. More specifically, the ’654 Patent describes an interface that “runs within
`
`web browsers (e.g., Internet Explorer and Mozilla Firefox) or as a stand-alone
`
`application,” and that “simulates a 3-D space within a 2-D window by redrawing
`
`objects in the space relative to one another as determined by their perceived
`
`distance from the viewer.” APPLE1001, 7:59-8:19. A user of the interface is said
`
`to be able to “toggle or switch between 2D and 3D for any selectively captured
`
`computing output and information (webpages, applications, documents, desktops
`
`or anything that can be visualized on a computer)” by “clicking an icon or bottom
`
`[sic] (analogous to minimize in windows operating system).” APPLE1001, 21:34-
`
`1
`
`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`56.
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`The ’654 Patent’s claimed systems and methods are “for displaying a
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`timeline associated with a plurality of applications and allowing a user to modify
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`an output of one of said plurality of applications by interacting with said timeline”
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`were not new. APPLE1001, 37:44-42:31. To the contrary, as demonstrated within
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`this Petition with reference to Dr. Henry Fuchs’s testimony and additional
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`evidence, the claimed concepts had already been researched, developed, and
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`integrated into working systems long before the ’654 patent’s earliest effective
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`filing date.
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`In fact, the ’654 Patent was granted without full consideration to the wide
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`body of applicable prior art, and without a single prior art rejection. See generally
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`APPLE1002. And, as Dr. Fuchs explains, the claimed systems and methods would
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`have been obvious to a POSITA based on the teachings of several prior art
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`references. See infra §VI; APPLE1003.
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`For example, Anthony (APPLE1007) describes “[a] three-dimensional (3D)
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`view of a data collection” in the form of a timeline that depicts a plurality of items
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`in focal groups according to a logical order. APPLE1007, Abstract, ¶¶[0042],
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`[0043], [0011], FIG. 4. Each item can be “a visual representation of a file, folder,
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`virtual folder, or any other data object,” and a user viewing the timeline can freely
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`navigate among data objects, and can select particular objects to open associated
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`2
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`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`applications. APPLE1007, ¶¶[0042]-[0044], [0047], [0066], [0084]-[0085], FIG. 5.
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`Similarly, Hanggie (APPLE1006) describes “[a] method and system for
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`rendering a desktop on a computer that “uses advanced textures, lighting, and 3D
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`transformations, yet supports legacy applications.” APPLE1006, ¶¶[0012], [0015],
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`[0026]. For example, Hanggie describes the use of a 3D graphics engine (such as
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`Microsoft Direct3D®) for rendering windows in 3D, and explains that 3D user
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`interaction with a given window can be reported to the corresponding application.
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`Hanggie further explains that a user may manually or automatically switch between
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`2D and 3D drawing modes based on a number of factors including system
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`capabilities and/or power conservation. APPLE1006, ¶[0092].
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`By revealing the Challenged Claims as obvious combinations of well-known
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`features, Petitioner seeks to correct the material error that led to issuance of the
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`’654 Patent—the examiner’s apparent failure to substantively consider any of the
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`prior art applied in this Petition. Moreover, Petitioner’s diligence affords the
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`Board an opportunity to decide patentability at the PTAB before the district court
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`reaches that issue in the co-pending litigation. Indeed, as demonstrated below, this
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`Petition provides compelling reasons for the Board to institute IPR, and to
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`ultimately find the Challenged Claims unpatentable.
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`3
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`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`II.
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`REQUIREMENTS FOR IPR
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`A.
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`Grounds for Standing
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`Petitioner certifies that the ‘654 Patent is available for IPR. Petitioner is not
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`barred or estopped from requesting this review. The LG petitioners were served
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`with a complaint regarding the ’654 Patent less than one year ago. LGE1027.
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`B.
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`Challenge and Relief Requested
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`Petitioner requests IPR of the Challenged Claims on the 35 U.S.C. §103
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`grounds identified in the table below. Accompanying explanations and support are
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`provided in Dr. Fuch’s Declaration. APPLE1003, ¶¶[1]-[165].
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`Ground
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`‘654 Patent Claims
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`Basis for Rejection
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`1A
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`1B
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`2A
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`2B
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`1-5, 7-8, 10-13, 15-17,
`19
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`6, 9, 14, 18
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`1-5, 7-8, 10-13, 15-17,
`19
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`6, 9, 14, 18
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`Anthony in view of Hanggie
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`Anthony in view of Hanggie and
`Matthews
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`Hanggie in view of Anthony
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`Hanggie in view of Anthony and
`Matthews
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`The ’654 Patent was filed on September 30, 2014. The ’654 Patent is a
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`continuation of a number of applications—the first (US Pat. No. 7,735,018) of which
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`was filed on September 13, 2006, which further claims priority from US provisional
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`application No. 60/717,019, filed on September 13, 2005. Each of the references
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`asserted in this Petition qualifies as prior art under 35 USC §§102(a), (b), or (e) (as
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`4
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`

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`shown in the table below) even if the September 13, 2005 date of the provisional
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`application is used as the priority date of the ’654 Patent, which Petitioner does not
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`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`concede.
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`Reference
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`Filing Date
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`Publication
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`Date
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`US Patent Pub. No. 2005/0088447 (“Hanggie”
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`Oct. 23,
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`Apr. 28, 2005
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`or APPLE1006)
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`2003
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`US Patent Pub. No. 2005/0091596 (“Anthony”
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`Oct. 23,
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`Apr. 28, 2005
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`or APPLE1007)
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`2003
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`US Patent Pub. No. 2006/0107229
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`Nov. 15,
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`May 18, 2006
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`(“Matthews” or APPLE1008)
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`2004
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`III. OVERVIEW OF THE ’654 PATENT
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`A. Brief Description
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`The ’654 Patent is directed to a three-dimensional (3D) interactive
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`computing interface “that allows the user to efficiently navigate though [sic] a
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`virtual space wherein groups of windows can be easily organized, stored, and
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`retrieved.” APPLE-1001, 1:29-37, 2:35-43. The ’654 Patent’s graphical user
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`interface (GUI) “uses the two-dimensional (2D) display of a user’s computer to
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`display three-dimensional (3D) objects in a simulated real-time 3D immersive
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`Cartesian space.” APPLE-1001, 2:51-55. “Because the 3D GUI creates the
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`5
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`

`

`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`illusion of infinite space in 3D, it can create a visual history of the user’s
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`computing session, whereby the user can visit past visual computing events (or a
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`snapshot in time) by simply navigating to previously recorded states or
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`viewpoints.” APPLE-1001, 5:11-21; APPLE1003, ¶[39].
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`In particular, the 3D GUI program “simulates a 3-D space within a 2-D
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`window by redrawing objects in the space relative to one another as determined by
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`their perceived distance from the viewer. Objects that are supposed to be further
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`away are smaller whereas objects that are supposed to be closer are larger.”
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`APPLE-1001, 8:4-18. “The program runs within web browsers (e.g., Internet
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`Explorer and Mozilla Firefox) or as a stand-alone application compatible with the
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`local operating system.” APPLE-1001, 7:63-67; APPLE1003, ¶[40].
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`Examples of the ’654 Patent’s GUI are shown in the following figures. FIG.
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`9 (reproduced below) depicts “a bird’s eye view of four 3D stacks 302, 304, 306,
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`308 drawn in a virtual space 300.” APPLE-1001, 17:51-56. 3D icons (342, 344,
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`346, 348) represent four different searches that resulted in the creation of stacks
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`302, 304, 306, 308. APPLE-1001, 28:49-61. Navigator 320 allows a user to
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`navigate through the items (e.g., pages) in each stack. APPLE-1001, 28:49-29:19;
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`APPLE1003, ¶[41].
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`6
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`

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`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`Stacks
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`Pages
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`Navigator
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`APPLE-1001, FIG. 91.
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`In another example illustrated in FIG. 15, the ’654 Patent discloses that:
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`content output into the 3D GUI application’s virtual space results
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`from a search initiated with the helper application 522 (e.g., Yahoo!
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`Image Search). This helper application shows the search term van
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`gogh, having been input into this helper application’s text input field
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`530. The resulting first four image outputs (552, 554, 556, 558),
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`generated by helper application 522 …, created the 3D output of
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`1 Annotations to the figures throughout this petition are shown in color.
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`7
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`

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`images and information from Yahoo! webservice, as shown in the
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`Attorney Docket No. 50095-0109IP1
`IPR of U.S. Patent No. 9,304,654
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`3D virtual space.
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`APPLE-1001, 32:37-53; APPLE1003, ¶[42].
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`APPLE-1001, FIG. 15.
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`“[E]ach new Yahoo! Image Search results in a new 3D stack created for that
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`search result plotted in the 3D virtual space with its corresponding 3D icon drawn
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`on the timeline. The sea