Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1379

Unredacted Exhibits to Gray and Van Dam Decs ISO Samsung's MSJ by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company) re 1256 Order on Administrative Motion to File Under Seal, (Dkt. Nos. 931, 937 (Attachments: # 1 Exhibit 7 to Gray, # 2 Exhibit 8 to Gray, # 3 Exhibit 9 to Gray, # 4 Exhibit 10 to Gray, # 5 Exhibit 11 to Gray, # 6 Exhibit 12 to Gray, # 7 Exhibit 13 to Gray, # 8 Exhibit 14 to Gray, # 9 Exhibit 15 to Gray, # 10 Exhibit 2 to Van Dam)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 3
FILED UNDER SEAL

Exhibit 3 In Support of the Declaration of Stephen Gray1
U.S. Patent No. 7,864,163 is Anticipated by the LaunchTile System,2
the LaunchTile Video,3 and the LaunchTile Publication4
U.S. Patent No. 7,864,163

LaunchTile System and LaunchTile Publication

Claim 50
[50a] A portable electronic
The LaunchTile System is comprised of a program configured to be executed on mobile computing
device, comprising: a touch
devices, including the Compaq ipaq h1900 series Pocket PC which includes a touch screen display:
screen display; one or more
Analysis in Support of Declaration of Stephen Gray:
processors; memory; and one or
 A Compaq ipaq h1900 series Pocket PC running LaunchTile discloses a portable electronic
more programs, wherein the one
device comprising a touch screen display. This device includes processors and memory.
or more programs are stored in
For example, the Compaq ipaq h1900 series PocketPC model 1950 has a Samsung SC32442
the memory and configured to
1

Each of the LaunchTile System, the LaunchTile Video, and the LaunchTile Publication are separate invaliding references
upon which Samsung has based its Motion for Summary Judgment. However, because of the similarity of these three references, this
single claim chart is submitted in support thereto.
2

The LaunchTile System is comprised of the LaunchTile executable running on a Compaq ipaq 1900 series Pocket PC. See
Executable version of LaunchTile, Declaration of Benjamin Bederson (hereafter "Bederson Decl.") Ex. F. The LaunchTile System is
described in the publication Bederson et al., AppLens and LaunchTile: Two Designs for One-Handed Thumb Use on Small Devices,
CHI 2005, ACM, Apr. 2-7, 2005 (hereafter "LaunchTile Publication"), see Bederson Decl. Exs. A-C; the Video Demonstrations of
LaunchTile, see Bederson Decl. Exs. D & J; and PowerPoint slides displayed at the April 2005 ACM Conference on Human Factors
in Computing Systems, see Bederson Decl. Exs. E & H. Each of these documents have been previously produced in this litigation.
3

The LaunchTile Video is a video demonstration presented by Dr. Bederson at the April 2005 ACM Conference on Human
Factors in Computing Systems. See Bederson Decl. at ¶ 8 & Ex. D. The LaunchTile Video, attached as Exhibit D to the Bederson
Declaration, specifically demonstrates one of the two invalidating behaviors described herein.
4

The LaunchTile Publication is Bederson et al., AppLens and LaunchTile: Two Designs for One-Handed Thumb Use on Small
Devices, CHI 2005, ACM, Apr. 2-7, 2005 (hereafter "LaunchTile Publication"). See Bederson Decl. at Exs. A-C.
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LaunchTile System and LaunchTile Publication

be executed by the one or more
processors,

processor and main memory of 32 MB SDRAM.

See HP ipaq 1950 Pocket PC Quick Specs (Dkt 168-13).


The HP ipaq 1950 Pocket PC ("ipaq device") running LaunchTile also discloses one or
more programs stored in memory and configured to be executed by the one or more
processors. Based on my first-hand experience with the ipaq device running the LaunchTile
program, and the Bederson Declaration, it is apparent that the LaunchTile program is stored
in the memory of the ipaq device and is configured to be executed by the one or more
processors of the ipaq device.

Relevant Record Citations in Support:


Declaration of Stephen Gray ("Gray Decl.") at ¶ 71-74;



LaunchTile Video Demonstrations: Gray Decl. Exs. 4 & 5;



Bederson Decl. at ¶ 9 ("The LaunchTile program runs on a portable electronic device such
as the Compaq ipaq line of handheld devices. Such a device can include a touch screen
display, one or more processors, and memory. The LaunchTile program was stored in the
memory and configured to be executed by the one or more processors of the portable
electronic device.");



LaunchTile Publication: Bederson Decl. Ex. A at 201 ("Another design approach, typically
classified as a 'Personal Digital Assistant' (PDA) features a touch-sensitive display
surface . . . ."; "Our goal is to create a new single-handed interaction system for both
smartphone and PDA devices.");
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U.S. Patent No. 7,864,163

LaunchTile System and LaunchTile Publication


LaunchTile Video Demonstrations: Bederson Decl. Exs. D & J;



Executable Version of LaunchTile: Bederson Decl. Ex. F.

[50b] the one or more programs
including:

The LaunchTile System is comprised of a program including instructions for displaying at least a
portion of a structured electronic document on the touch screen display:

instructions for displaying at
least a portion of a structured
electronic document on the
touch screen display,

Analysis in Support of Declaration of Stephen Gray:

wherein the structured
electronic document comprises
a plurality of boxes of content;



An executable file, such as the one attached as Exhibit F to the Bederson Declaration
discloses one or more programs including instructions.



Based on my first-hand experience with LaunchTile and the Bederson Declaration, the
LaunchTile program includes instructions for displaying at least a portion of a structured
electronic document – i.e. a 6x6 interactive zoomspace – on the touch screen display of the
ipaq device. The zoomspace is a structured electronic document based on the following: my
understanding of how a person ordinarily skilled in the art would interpret that term, the
testimony of Apple's expert witness as well as the inventors of the '163 Patent, and the
manner in which the Bederson Declaration describes the design of LaunchTile.

Relevant Record Citations in Support:


Gray Decl. at ¶ 76-80, 82;



LaunchTile Video Demonstrations: Gray Decl. at Exs. 4 & 5;



Bederson Decl. at ¶ 13 ("When running on a portable electronic device, LaunchTile consists
of a single object oriented data structure. The data structure is hierarchical in nature,
allowing the embedded elements within the zoomspace to be rendered in further detail as the
zoomspace itself is displayed at increasing levels of zoom."); at ¶ 14 ("[W]hile the
zoomspace did consist of a collection of embedded tiles that were distinct areas of
interest . . . those embedded tiles were always part of one unified zoomspace that was
dependent on a single object-oriented data structure for its content during the rendering
process.");



LaunchTile Publication: Bederson Decl. Ex. A at 204 ("[T]he LaunchTile design is an
interactive zoomspace consisting of 36 application tiles, divided into 9 zones of 4 tiles
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LaunchTile System and LaunchTile Publication
each . . . .");


Executable Version of LaunchTile: Bederson Decl. Ex. F;



Rebuttal Report of Apple Expert Karan Singh at ¶ 33 n.1: Gray Decl. Ex. 15 ("I express no
opinion as to whether the portions of the World View, Zone View, and Application View
displayed by LaunchTile and XNav individually constitute "structured electronic
documents" within the meaning of the '163 patent.");



Deposition Transcript of Karan Singh Vol. I at 80:6-13: Gray Decl. Ex. 6 (Q: "So does the
structured electronic document have to have structure that is visible to the human on the
screen as well as structure that's understandable by the machine but not visible to the human
on the screen?" A: "It could be either."); Vol. I at 80:25-81:1 ("[I]f I disagreed with [Mr.
Gray's definition of structured electronic document], it would probably be in my validity
report."); Vol. I at 75:4-13 (Q: "Can you give me any examples of electronic documents that
are not structured electronic documents in the context of the '163 patent?" A: "A music file."
Q: "Any other examples?" A: "Well, that's one. A file containing three-dimensional
graphical objects, strictly three-dimensional graphical data." Q: "Any others?" A: "Well, at
least those."); Vol. I at 171:9-11 (Q: "So is it your position that Launch Tile does not
disclose structured electronic documents?: A: "No. That's not my position.");



Deposition Transcript of Inventor Richard Williamson at 67:4-6: Gray Decl. Ex. 11 ("A
structured document is something that has a visual structure with structurally interesting
components."); at 67:10-11 ("So a structured document is something that, you know, a
normal human can look at and identify areas of interest.");



Deposition Transcript of Inventor Scott Forstall at 14:10-12: Gray Decl. Ex. 10 ("I would
take it to mean a -- a document which has some form of structure in it, and that structure
could come in many different forms.").

The structured electronic document displayed by the LaunchTile System comprises a plurality of
boxes of content:
Analysis in Support of Declaration of Stephen Gray:
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LaunchTile System and LaunchTile Publication


It is apparent that the structured electronic document disclosed by LaunchTile comprises a
plurality of boxes of content – i.e., 36 embedded structured electronic documents clustered
in nine 2x2 Zones within the larger zoomspace structured electronic document.



This opinion is consistent with the way in which the Bederson Declaration describes the
design of the LaunchTile program. It is also consistent with Inventor Scott Forstall's
testimony that structured electronic documents can be embedded into other structured
electronic documents.

Relevant Record Citations in Support:


Gray Decl. at ¶ 76, 81-82 ;



LaunchTile Video Demonstrations: Gray Decl. Exs. 4 & 5;



Bederson Decl. at ¶ 14 ("[T]he individual tiles in LaunchTile were typically represented by
one or more image files (.png files). To render a tile, the LaunchTile program executed
instructions for selecting the appropriate image depending on the level of zoom.");



LaunchTile Publication: Bederson Decl. Ex. A at 204 ("[T]he LaunchTile design is an
interactive zoomspace consisting of 36 application tiles, divided into 9 zones of 4 tiles
each . . . .");



Deposition Transcript of Karan Singh Vol. I at 96:9-14: Gray Decl. Ex. 6 ("In the claims of
the '163 patent, the word "box" in -- in -- in the context of the '163 patent refers to an
element of structure that is -- that is visually meaningful to -- to the -- to the viewer of the
visual manifestation of that structured electronic document.");



Deposition Transcript of Inventor Scott Forstall at 15:8-13: Gray Decl. Ex. 10 ("You could
imagine that you could embed a whole other document within a document as well. So you
could have maybe, you know, an Excel spreadsheet in a piece of this or a whole other web
page inside of a frame, and then that itself could be considered a structured electronic
document inside of another one.");



Deposition Transcript of Inventor Greg Christie at 75:22-24: Gray Decl. Ex. 12 ("What is a
box... A box of content... Well, that[s] interesting. I'm guessing that a box is an area with
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four sides.");

[50c] instructions for detecting
a first gesture at a location on
the displayed portion of the
structured electronic document;
instructions for determining a
first box in the plurality of
boxes at the location of the first
gesture; instructions for
enlarging and translating the
structured electronic document
so that the first box is
substantially centered on the
touch screen display;

The LaunchTile System includes instructions for detecting a first gesture at a location on the
displayed portion of the structured electronic document, instructions for determining a first box in
the plurality of boxes at the location of the first gesture, and instructions for enlarging and
translating the structured electronic document so that the first box is substantially centered on the
touch screen display.
Analysis in Support of Declaration of Stephen Gray:


While running on the ipaq device, a single tap (first gesture) is detected at the location of a
2x2 "Zone" (a first box) within the zoomspace at World view.



In response, an animated zooming operation occurs wherein the zoomspace is enlarged and
translated such that the 2x2 Zone occupies the entire touch-screen display. At this "Zone"
view, the 2x2 Zone is at least substantially centered 5 on the touch-screen display.



On the display, consistent visual cues such as a large "Blue" onscreen button and "rails"
reinforce to the user that the "Zone" view is merely an enlarged version of the "World"
view.



Further, at the code-level, the single hierarchical object-oriented data structure described by
the Bederson Declaration confirm that the instructions in LaunchTile are, in fact,
"enlarging" and "translating" a single structured electronic document during the transition
from "World" view to "Zone" view.

5

The term substantially centered is likely indefinite. However, for purposes of this claim chart, it is assumed that
LaunchTile's enlarging and translating of the World such that a Zone or Application fills the touch-screen display is at least an
example of "substantially centering" a "box of content."
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LaunchTile System and LaunchTile Publication

Relevant Record Citations in Support:


Gray Decl. at ¶ 84-90;



LaunchTile Video Demonstrations: Gray Decl. Exs. 4 & 5;



Bederson Decl. at ¶ 16 ("From the World view in LaunchTile, the user can select a
particular Zone for viewing. LaunchTile contains instructions for detecting the user input,
instructions for determining the zone corresponding to the location of the user input, and
instructions for displaying an animated panning and zooming operation, wherein the
zoomspace is enlarged and scrolled so that the four tiles associated with the selected Zone
fill the touch-screen display."); at ¶ 17 ("As the user is 'zoomed' into the selected Zone,
LaunchTile does execute instructions for rendering each of the tiles in the selected Zone in
further detail, but at the conclusion of the zooming step, it is still fundamentally the same
hierarchical object oriented data structure that is visually displayed to the user. The four
tiles that happen to be displayed in Zone view are the same embedded Application tiles
(albeit rendered in further detail) that were present at World view."); at ¶ 18 & Ex. G.



LaunchTile Publication, Bederson Decl. Ex. A at 205 ("Single-tapping a zone animates to
Zone view, displaying the zone's 4 notification tiles.");



Cf. Expert Infringement Report of Apple Expert Karan Singh at ¶ 63: Gray Decl. Ex. 13 ("It
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LaunchTile System and LaunchTile Publication
is apparent that each Samsung Accused Product detects a user's gesture because it responds
to it.").

[50d] instruction for, while the
first box is enlarged, detecting a
second gesture on a second box
other than the first box; and
instructions for, in response to
detecting the second gesture,
translating the structured
electronic document so that the
second box is substantially
centered on the touch screen
display.

The LaunchTile System includes instructions for, while the first box is enlarged, detecting a second
gesture on a second box other than the first box, and in response to detecting the second gesture,
translating the structured electronic document so that the second box is substantially centered on
the touch screen display.
Analysis in Support of Declaration of Stephen Gray:


From the "Zone" view, a second single tap (second gesture) is detected at the location of
one of the four Application tiles (a second box).



In response, an animated zooming operation occurs wherein the Application is enlarged and
translated such that the Application Zone occupies the entire touch-screen display. At this
"Application" view, the entire Application tile is at least substantially centered on the
touch-screen display.



In an alternative invaliding mode of operation, from "Zone" view, a user can "drag" his or
her thumb across the touch-screen display to transition from one "Zone" to an adjacent
"Zone." At this point, four additional Application tiles (which do not overlap with the "first
box") are presented to the user. A single tap (second gesture) on any one of this four
additional Application tiles (second box, other than the first box) can then be detected on
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LaunchTile System and LaunchTile Publication
the touch-screen display


In response, an animated zooming operation occurs wherein the Application is enlarged and
translated such that the Application Zone occupies the entire touch-screen display. At this
"Application" view, the entire Application tile is at least substantially centered on the
touch-screen display.



While this process is sometimes referred to as "launching" an Application (such as the email
application depicted above), it is clear that the email Application program was intended to
be running and supplying information to the email tile at each of the other levels of zoom.
At the World view, the email tile clearly displays the number of messages that are unread in
the email application. At the Zone view, the email tile displays actual message information,
albeit in less detail than in Application view. As described in the Bederson Declaration,
although additional rendering occurs at each level of zoom, the user is always presented
with a visual manifestation of the same hierarchical object-oriented data structure.



Again, on the display, consistent visual cues such as the large "Blue" onscreen button
reinforce to the user that the Application view is merely an enlarged and translated version
of the interactive zoomspace



Further, at the code-level, the single hierarchical object-oriented data structure described by
the Bederson Declaration confirm that the instructions in LaunchTile are, in fact,
"enlarging" and "translating" a single structured electronic document during the transition
from "Zone" view to "Application" view.
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Relevant Record Citations in Support:


Gray Decl. at ¶ 92-97;



LaunchTile Video Demonstrations, Gray Decl. at Exs. 4 & 5;



Bederson Decl. at ¶ 19 ("From the Zone view in LaunchTile, the user can select a particular
Application tile. Upon this user input, LaunchTile executes instructions for causing an
animation to occur where the zoomspace is once again enlarged and translated such that the
embedded Application tile fills the display of the touch-screen device. Again, while the
LaunchTile program contains instructions for rendering the embedded tile in further detail,
the user is ultimately presented with a visual representation of the same underlying data
structure that is used throughout the entire navigation process.");



LaunchTile Publication: Bederson Decl. Ex. A at 205 (in response to a second gesture (user
tap) at the location of a second box (notification tile), "[a]n animated zoom draws the
zoomspace toward the user until the target application fills the entire display . . . .").

10