Goodard v. Google, Inc.

Filing 105

Goodard v. Google, Inc.

Doc. 105 Att. 27

EXHIBIT 1 G3-G5

Dockets.Justia.com

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI U.S. Patent No. 6,784,879 Invalidity Chart: Microsoft Windows 95 ("Windows 95") for use with an IBM Aptiva Computer All asserted claims are anticipated by Windows 95 used with an IBM Aptiva Computer and/or are rendered obvious by it, either alone or in combination with other prior art described below and/or listed in Section I of Defendants' and Counterclaimants' Preliminary Invalidity Contentions and/or through modifications described below. Nothing in this invalidity chart should be construed as signifying or suggesting Defendants and Counterclaimants' adoption of or acquiescence in any claim scope and/or claim construction positions taken by Plaintiffs and Counterdefendants in this litigation. One of ordinary skill in the art would have been motivated to use Windows 95 with an IBM Aptiva because the IBM Aptiva Handbook expressly instructs the user to use the IBM Aptiva with Windows 95 and because the IBM Aptiva was sold together with Windows 95 (see, e.g. IBM Aptiva Handbook at 31).

U.S. Patent No. 6,784,879 Claim 11 Claim limitation 11. A video graphics processor comprising: a processing unit; and Windows 95 for use with IBM Aptiva Assuming for present purposes (without admitting) that the preamble is a claim limitation, the IBM Aptiva was sold containing either an IBM 80486 processor or an Intel Pentium processor. The IBM Aptiva was sold containing either an IBM 80486 processor or an Intel Pentium processor.

memory that stores The IBM Aptiva has a hard disk drive that stores programming instructions, including Windows 95, which are loaded programming into RAM memory prior to being read and executed by the processor. instructions that, when read by the processing unit, causes the processing unit to 1

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 (a) provide a video The video graphics processor provides a video control icon that is visible on the display and that relates to live video control icon that is that is being presented as the background on the display. Windows 95 also had the capability of showing live video visible on the that could be set as the background image of the display. For example, as shown in figure 1, below, the volume icon display, wherein is a video control icon that relates to the volume for the live video, which has been set as the background display: the video control icon relates to live video that is being presented as a background on the display;

Figure 1 (b) detect selection The video graphics processor in the IBM Aptiva detects selection of the video control icon when the mouse cursor 2

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 of the video control icon; (c) provide a control panel while the live video remains in the background clicks on the icon. The video graphics processor in the IBM Aptiva provides a control panel of sound controls, including volume, as shown in Figure 2, below:

Figure 2 3

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

and an application that was in focus remains in focus when the video control icon has been selected, wherein the control panel includes at least one of the following: a volume adjust icon, a mute icon, a pause icon, a rewind icon, and a fast-forward icon. Claim 12

U.S. Patent No. 6,784,879 The application that was in focus on the display -- e.g., the clock -- remains in focus when the video control icon has been selected, as shown in Figure 2, above.

The control panel includes several volume adjust icons, including volume, as shown in Figure 2, above.

The video graphics See claim 11. process of claim 11 further comprises, within the memory, programming instructions that, when read by the The IBM Aptiva contains in its memory programming instructions that, when read and then executed by the processing unit, cause the processing unit to provide volume adjust icons as the control panel, including "volume," as shown in Figure 2, above.

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Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 processing unit, causes the processing unit to provide, as the control panel, at least one of: volume adjust icon, mute icon, channel up icon, channel down icon, numerical channel display, and alpha-numeric channel display. Claim 13 The video graphics See claim 11. process of claim 11 comprises, within the memory, programming instructions that, when read by the processing unit, causes the processing unit to remove the control The IBM Aptiva has within its memory programming instructions that, when read and then executed by the processing unit, cause the processing unit to remove the control panel when another displayed element is selected. For example, when the background video is clicked upon, the control panel is removed. To the extent it is determined that this combination does not disclose this limitation, it would have been obvious to one of ordinary skill in the art to implement this feature in light of this combination, either alone or in combination with the Frox reference, the Mass Microsystems ColorSpace SE reference, the RCA ProScan reference, or the Sony Trinitron reference. 5

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 panel when another displayed element is selected. Claim 14 A video graphics processor comprising: a processing unit; and Assuming for present purposes (without admitting) that the preamble is a claim limitation, the IBM Aptiva was sold containing either an IBM 80486 processor or an Intel Pentium processor. the IBM Aptiva was sold containing either an IBM 80486 processor or an Intel Pentium processor.

memory that stores The IBM Aptiva stores in its hard drive and RAM memory programming instructions that cause the processing unit programming to detect selection of a video control icon, as shown in Figures 1 and 2, above. instructions that, when read by the processing unit, causes the processing unit to (a) detect selection of a video control icon, wherein the video The video control icon on the IBM Aptiva display, such as, for example, the volume icon, relate to the background control icon relates video in that they control various attributes of the background video, including volume. to live video that is being presented as a background on a 6

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 display; (b) provide a control panel while the live video remain [sic] the background and an application that was in focus remains in focus when the video control icon has been selected; and When the volume video control icon is selected, the processor provides a control panel while the live video remains in the background and the clock application that was in focus remains in focus, as shown in Figure 2, above.

(c) adjust at least The control panel receives input to adjust various attributes of the live video, including volume, as shown in Figure one attribute of the 2, above. live video based on an input received via the control panel, wherein the at least one attribute included: volume, mute, pause, rewind, and fastforward.

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Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 Claim 15 The video graphics See claim 14. processor of claim 14 further comprises, within the The IBM Aptiva stores in its memory programming instructions from Windows 95 that, when read and then executed memory, by the processing unit, allow for the adjustment of various attributes, including volume, as shown in Figure 2, above. programming instructions that, when read by the processing unit, causes the processing unit to adjust the at least one attribute by adjusting at least one of: volume, mute, channel up, and channel down. Claim 16 The video graphics See claim 14. processor of claim 14 further comprises, within the The IBM Aptiva has within its memory programming instructions that, when read and then executed by the 8

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

memory, programming instructions that, when read by the processing unit, causes the processing unit to remove the control panel when another displayed element is selected. Claim 17 A digital storage device that stores programming instructions that, when read by a processing unit, causes the processing unit to provide control of background video, the digital storage device comprises:

U.S. Patent No. 6,784,879 processing unit, cause the processing unit to remove the control panel when another displayed element is selected. For example, when the background video is selected, the control panel is removed. To the extent it is determined that this combination does not disclose this limitation, it would have been obvious to one of ordinary skill in the art to implement this feature in light of this combination, either alone or in combination with the Frox reference, the Mass Microsystems ColorSpace SE reference, the RCA ProScan reference, or the Sony Trinitron reference.

Assuming for present purposes (without admitting) that the preamble is a claim limitation, the IBM Aptiva contains a digital storage device -- e.g., the hard drive and the RAM memory -- that stores programming instructions that, when read and then executed by the processing unit, cause the processing unit to provide control of background video.

first storage means Assuming for present purposes (without conceding) that the claimed first, second, and third storage means refer to for storing regions of one or more storage devices and not to three separate and distinct memory devices, the IBM Aptiva has 9

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

programming instructions that, when read by the processing unit, causes the processing unit to provide a video control icon that is visible on the display, wherein the video control icon relates to live video that is being presented as a background on a display; second storage means for storing programming instructions that, when read by the processing unit, causes the programming unit to detect selection of the video control icon; and

U.S. Patent No. 6,784,879 memory for storing programming instructions (e.g., the hard drive and the RAM memory), which, when read and then executed by the processor, cause the processing unit to provide a video control icon that is visible on the display and that relates to live video that is being presented as a background display, as shown in Figure 1, above.

Assuming for present purposes (without conceding) that the claimed first, second, and third storage means refer to regions of one or more storage devices and not to three separate and distinct memory devices, the IBM Aptiva has memory for storing programming instructions (e.g., the hard drive and the RAM memory), which, when read and then executed by the processor, cause the processing unit to detect selection of the video control icon, as shown in Figure 2, above.

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Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

third storage means for storing programming instructions that, when read by the processing unit, causes the processing unit to provide a control panel while the live video remains in the background and an application that was in focus remains in focus when the video control icon has been selected. Claim 18 The digital storage device of claim 17 further comprises means for storing programming instructions that, when read by the processing unit,

U.S. Patent No. 6,784,879 Assuming for present purposes (without conceding) that the claimed first, second, and third storage means refer to regions of one or more storage devices and not to three separate and distinct memory devices, the IBM Aptiva has memory for storing programming instructions (for example, the hard drive and the RAM memory), which, when read and then executed by the processor, cause the processing unit to provide the control panel while the live video remains in the background and the foreground application -- i.e., the clock display -- remains in focus when the video control icon has been selected, as shown in Figure 2, above.

See claim 17.

The IBM Aptiva stores in its memory programming instructions from Windows 95 that, when read and then executed by the processing unit, provide a control panel that has icons allowing for the adjustment of various attributes, including volume, as shown in Figure 2, above.

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Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 causes the processing unit to provide, as the control panel, at least one of: volume adjust icon, mute icon, pause icon, rewind icon, and fastforward icon. Claim 19 The digital storage device of claim 17 further comprises means for storing programming instructions that, when read by the processing unit, causes the processing unit to provide, as the control panel, at least on of: volume adjust icon, mute icon, channel up icon, See claim 17.

The IBM Aptiva stores in its memory programming instructions that, when read and then executed by the processing unit, provide a control panel that has icons allowing for the adjustment of various attributes, including volume, as shown in Figure 2, above.

12

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 channel down icon, numerical channel display, and alpha-numeric channel display. Claim 20 The digital storage device of claim 17 further comprises means for storing programming instructions that, when read by the processing unit, causes the processing unit to remove the control panel when another displayed element is selected. Claim 21 A digital storage device that stores programming Assuming for present purposes (without admitting) that the preamble is a claim limitation, the IBM Aptiva contains a digital storage device that stores programming instructions that, when read and then executed by the processing unit, 13 See claim 17.

The IBM Aptiva has within its memory programming instructions that, when read and then executed by the processing unit, cause the processing unit to remove the control panel when another displayed element is selected. For example, when the background video is selected, the control panel is removed. To the extent it is determined that this combination does not disclose this limitation, it would have been obvious to one of ordinary skill in the art to implement this feature in light of this combination, either alone or in combination with the Frox reference, the Mass Microsystems ColorSpace SE reference, the RCA ProScan reference, or the Sony Trinitron reference.

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

instructions that, when read by a processing unit, causes the processing unit to provide control of background video, the digital storage device comprises: first storage means for storing programming instructions that, when read by the processing unit, causes the processing unit to detect selection of a video control icon, wherein the video control icon relates to live video that is being presented as a background on a display; second storage means for storing

U.S. Patent No. 6,784,879 cause the processing unit to provide control of background video.

Assuming for present purposes (without conceding) that the claimed first, second, and second storage means refer to regions of one or more storage devices and not to two separate and distinct memory devices, the IBM Aptiva has memory for storing programming instructions (e.g., the hard drive and the RAM memory), which, when read and then executed by the processor, cause the processing unit to detect selection of a video control icon that relates to live video that is being presented as a background display, as shown in Figures 1 and 2, above.

Assuming for present purposes (without conceding) that the claimed first, second, and second storage means refer to regions of one or more storage devices and not to two separate and distinct memory devices, the IBM Aptiva has 14

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

programming instructions that, when read by the processing unit, causes the processing unit to provide a control panel while the live video remains in the background and an application that was in focus remains in focus when the video control icon has been selected; and second storage means for storing programming instructions that, when read by the processing unit, causes the processing unit to adjust at least one attribute of the live video based on an input received via

U.S. Patent No. 6,784,879 memory for storing programming instructions (e.g., the hard drive and the RAM memory), which, when read and then executed by the processing unit, cause the processing unit to provide a control panel while the live video remains in the background and while a foreground application -- i.e., the clock display -- remains in focus when the video control icon has been selected, as shown in Figure 2.

Assuming for present purposes (without conceding) that the claimed first, second, and second storage means refer to regions of one or more storage devices and not to two separate and distinct memory devices, the IBM Aptiva has memory for storing programming instructions (e.g., the hard drive and the RAM memory), which, when read and then executed by the processing unit, cause the processing unit to adjust at least one attribute of the live video based on an input received via the control panel, as shown in Figure 2.

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Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 the control panel. Claim 22 The digital storage device of claim 21 further comprises means for storing programming instructions that, when read by the processing unit, causes the processing unit to adjust the at least one attribute by adjusting at least one of: volume, mute, pause, rewind, and fastforward. Claim 23 The digital storage device of claim 21 further comprises means for storing See claim 21. See claim 21.

The IBM Aptiva stores in its memory programming instructions from Windows 95 that, when read and then executed by the processing unit, cause the processing unit to adjust various attributes of the live video, including volume, as shown in Figure 2, above.

The IBM Aptiva stores in its memory programming instructions that, when read and then executed by the processing 16

Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

programming instructions that, when read by the processing unit, causes the processing unit to adjust the at least one attribute by adjusting at least one of: volume, mute, channel up, and channel down. Claim 24 The digital storage device of claim 21 further comprises means for storing programming instructions that, when read by the processing unit, causes the processing unit to remove the control panel when another displayed element is

U.S. Patent No. 6,784,879 unit, cause the processing unit to adjust various attributes of the live video, including volume, as shown in Figure 2, above.

See claim 21.

The IBM Aptiva has within its memory programming instructions that, when read and then executed by the processing unit, cause the processing unit to remove the control panel when another displayed element is selected. For example, when the background video is selected, the control panel is removed. To the extent it is determined that this combination does not disclose this limitation, it would have been obvious to one of ordinary skill in the art to implement this feature in light of this combination, either alone or in combination with the Frox reference, the Mass Microsystems ColorSpace SE reference, the RCA ProScan reference, or the Sony Trinitron reference.

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Appendix G3 Defendants and Counterclaimants' Invalidity Contentions
Advanced Micro Devices, Inc., et al., v. Samsung Electronics Co., Ltd., et al., Case No. 3:08-CV-0986-SI

U.S. Patent No. 6,784,879 selected.

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