DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION
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`Petitioner
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`v.
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`CYPRESS LAKE SOFTWARE, INC.
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`Patent Owner.
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`PTAB Case No.: To Be Assigned
`Patent No. 9,423,923,
`9,423,938, and 9,423,954
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, 9,423,954
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`- 1 -
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`MICROSOFT CORP. EX. 1009
`Page 1 of 9
`
`
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
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`
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`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
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`
`
`
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`
`
`
`MICROSOFT CORPORATION
`
`Petitioner
`
`v.
`
`CYPRESS LAKE SOFTWARE, INC.
`
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`PTAB Case No.: To Be Assigned
`Patent No. 9,423,923,
`9,423,938, and 9,423,954
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, 9,423,954
`
`
`- 1 -
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`MICROSOFT CORP. EX. 1009
`Page 1 of 9
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`I, Nils Sundelin, declare as follows
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`
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`1.
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`I am a citizen of the United States and am at least eighteen years of
`
`age. I have investigated or have personal knowledge of the facts contained in this
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`declaration, and if called to testify, could and would testify competently thereto.
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`2.
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`I am employed by Microsoft Corporation, where I am currently the
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`senior software engineer lead for the Core UX (“User eXperience”) team. Core
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`UX is part of the “Shell” Team in Microsoft’s Windows and Devices Group. I
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`have been a member of the this team since 2006, and have been Senior Software
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`Engineer Lead since November 2015.
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`3.
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`I have been informed that Windows 10 has been accused of
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`infringement in a litigation, including specifically certain aspects of Windows 10’s
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`“Snap Assist” feature.
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`4.
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`Snap Assist and other user interface features in Windows 10 were
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`developed in the Core UX team.
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`5.
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`I am familiar with Snap Assist and other user interface features in
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`Windows 10. I am also familiar with related user interface features in earlier
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`versions of Windows.
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`I. WINDOWS 7 — AERO SNAP
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`6. Windows 7 was released for public sale and use in July 2009. It
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`included a variety of new user interface features.
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`
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`- 2 -
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`MICROSOFT CORP. EX. 1009
`Page 2 of 9
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`7.
`
`One of the new interface features in Windows 7 was called “Aero
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`
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`Snap.” It provided a convenient way for users to quickly set up windows in
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`common layout configurations—for example, full screen or side-by-side.
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`8.
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`Aero Snap could be invoked by dragging a window to any edge of the
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`screen. See Ex. 1021 at 33. Dragging a window to the top of the screen by its title
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`bar would “snap” the window to a maximized state, re-sizing the window to fill the
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`entire screen. See id. Dragging a window to either side of the screen would
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`“snap” the window to that side, moving and re-sizing the window so that it filled
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`half of the screen. See id. The user could lay out two windows side-by-side by
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`dragging each window to opposite sides of the screen with no manual re-sizing
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`required. See id. Dragging a previously snapped window away from the edge
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`would reverse the snap operation and return the window to its previous size. See
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`id.
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`II. WINDOWS 8 — NEW UI MODEL / SHARED DIVIDER
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`9. Window 8 introduced a new user interface design with a windowing
`
`model based on non-overlapping windows. Applications designed for Windows 8
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`could be displayed in a maximized state or side-by-side with other applications.
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`See Ex. 1022 at 15. As in Windows 7, the user could “snap” a window to either
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`side of the screen by dragging the window to the corresponding left or right edge.
`
`See id.
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`- 3 -
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`MICROSOFT CORP. EX. 1009
`Page 3 of 9
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`10.
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`In Windows 8, when multiple windows were displayed side-by-side
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`
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`after a “snap” operation, they were separated by a shared divider that could be
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`moved to different locations on screen. Moving the shared divider to a different
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`location would result in both windows being re-sized accordingly.
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`11. Windows 8 also included a “Desktop” application, which provided a
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`traditional Windows user interface with overlapping windows. Applications that
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`were not designed specifically for Windows 8 could be run within the Desktop
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`application. The Desktop application included a user interface very similar to
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`Windows 7. An applications window within the Desktop application could be
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`snapped to either side of the Desktop by dragging it to either edge.
`
`12. Windows 8 was publicly demonstrated running on a computer at the
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`D9 conference on June 1, 2011. The computer was used to demonstrate both the
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`“snap” feature using the new windowing model and resizing using the shared
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`divider. A video of that demonstration is available at
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`https://www.youtube.com/watch?v=kBHujE6DdrA. Ex. 1023, 1024.
`
`13. Windows 8 was released for public sale and use in August 2012.
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`III. WINDOWS 8.1 - REPLACING SIDE-BY-SIDE WINDOWS
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`14. The Windows 8.1 update included user interface improvements,
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`including to the “snap” and “shared divider” features. Ex. 1025.
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`- 4 -
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`MICROSOFT CORP. EX. 1009
`Page 4 of 9
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`15. Windows 8.1 also provided more flexibility about where a shared
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`
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`divider could be positioned and more options for dividing the screen between side-
`
`by-side windows.
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`16. Windows 8.1 also introduced a user interface feature, sometimes
`
`known as “teeter,” for replacing a window with another window when in side-by-
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`side mode. When viewing windows side-by-side and launching a new application,
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`an icon tile representing the new application would be displayed hovering above
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`the shared divider, and the size of both existing windows would be reduced.
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`Moving the mouse between the left and right windows would cause the icon tile to
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`animate a shifting back-and-forth motion, like a “teeter-totter.” Clicking either of
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`the side-by-side windows would then replace that existing window with the newly
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`opened window.
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`17. A video published on October 17, 2013, demonstrating this
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`functionality (starting at 3:10) in Window 8.1 is available at
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`https://www.youtube.com/watch?v=d6hLeHUU-vs . Ex. 1026, 1027.
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`18. Windows 8.1 was publicly demonstrated and released in public beta at
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`the Build conference in June 2013. Windows 8.1 was released to OEM hardware
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`partners in August 2013 and officially released for public sale and use in October
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`2013.
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`- 5 -
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`MICROSOFT CORP. EX. 1009
`Page 5 of 9
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`IV. WINDOWS 10
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`19. Windows 10 introduced the ability to snap windows beyond just full-
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`screen or in half-screen but to screen quadrants. See Ex. 1028 at 6–7. Dragging a
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`window to a corner of the screen “snaps” that window to that corresponding screen
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`quadrant. See id.
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`20. Windows 10 also introduced a feature called “Snap Assist” that built
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`on the earlier “snap” features in Windows 7 and 8. When a user “snaps” a window
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`to either side of the screen or to a corner, the Snap Assist feature will display
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`rectangular thumbnails for other open windows in the remaining space. Snap
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`Assist will also display an icon with each thumbnail indicating the window’s
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`application. See Ex. 1028 at 6–7. Selecting any one of those thumbnails will
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`result in the window corresponding to that thumbnail filling the remaining portion
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`of the screen. See id. Moving the snapped window away from the edge cancels
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`the snap (as in Windows 7) and also cancels Snap Assist. See id. Snap Assist
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`displays the thumbnails in an order based on which window has been most recently
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`used. See id.
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`21. Windows 10 also provided a “Task view” user interface feature that
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`displayed live thumbnails of every open window in the center of the screen to
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`switch between applications. See Ex. 1028 at 7.
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`22. Windows 10 also provided a feature that allowed users to set up
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`MICROSOFT CORP. EX. 1009
`Page 6 of 9
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`multiple virtual desktop spaces. Each desktop could be configured with different
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
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`windows, and the user could switch back-and-forth between the different virtual
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`desktops. See Ex. 1028 at 7.
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`23. Windows 10 and its Snap Assist, Task View, and Multiple Desktop
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`user interface features were publicly demonstrated running on a on a computer on
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`September 30, 2014. See Ex. 1029, available at
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`http://www.pcworld.com/article/2689230/hands-on-with-microsofts-new-
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`windows-10-ui-changes-that-look-great-at-first-blush.html. A build of Windows
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`10 with those features was released to the public Windows Insider program in
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`October 2014. See id.
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`24.
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` Windows 10 introduced two modes — a Desktop Mode with
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`traditional overlapping windows, and a Tablet Mode that functioned like the non-
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`overlapping windows in Windows 8.1.
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`25.
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` Windows 10 was officially released for public sale and use on July
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`29, 2015. That release included Task View, Virtual Desktops, Snap Assist (in both
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`Desktop Mode & Tablet Mode). Tablet Mode included shared dividers, as in
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`Windows 8.1, for resizing side-by-side windows. Closing a side-by-side window
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`in Tablet Mode triggers Snap Assist in the empty space. Moving the shared
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`divider in Tablet Mode while the Snap Assist thumbnails are displayed results in
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`the Snap Assist thumbnails re-drawing themselves in the newly sized empty space.
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`- 7 -
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`MICROSOFT CORP. EX. 1009
`Page 7 of 9
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`Objects (e.g., individual browser tabs from a browser window) can be dragged and
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`DECLARATION OF NILS SUNDELIN
`IN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
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`dropped on an empty space in Tablet Mode to fill that empty space.
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`On September 18, 2015, Windows 10 build 10547 was released to the public
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`Windows 10 Insider Preview program. See Ex. 1030, available at
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`https://mspoweruser.com/microsoft-is-slowly-bringing-back-windows-8s-
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`snapping-features-to-windows-10/. That build added some pre-existing user
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`interface features to different areas of the Windows 10 interface. For example, it
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`added the “teeter” functionality from Windows 8.1 when selecting a new window
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`in Task View while running side-by-side applications in Tablet Mode. See id.; Ex.
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`1031, available at https://mspoweruser.com/microsoft-is-slowly-bringing-back-
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`windows-8s-snapping-features-to-windows-10/. It also provided a shared divider
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`between to simultaneously resize snapped application windows in Desktop Mode,
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`which already existed in Windows 10 Tablet Mode and in Window 8. See id.
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`These features were described publicly in articles on September 19, 2015. See id.
`
`//
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`//
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`//
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`//
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`//
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`//
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`MICROSOFT CORP. EX. 1009
`Page 8 of 9
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`
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`Executed on 23rd day of May 2017 in Redmond, WA.
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`Nil Sundelin
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`I declare under the penalty of perjury that the foregoing is true and correct, to the
`
`best of my knowledge.
`
`DECLARATION OF NILS SUNDELIN
`TN SUPPORT OF PETITION FOR POST-GRANT REVIEW
`OF U.S. PATENT NOS. 9,423,923, 9,423,938, and 9,423,954
`
`1356575283
`
`MICROSOFT CORP. EX. 1009
`Page 9 of 9
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