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

Filing 168

Declaration of ANDRIES VAN DAM, PH.D IN SUPPORT OF SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR PRELIMINARY INJUNCTION filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Maroulis, Victoria) (Filed on 8/22/2011) Modified on 8/29/2011 cannot link entry-opposition has not been efiled (dhm, COURT STAFF).

EXHIBIT 5

Exhibit 5: U.S. Patent No. 7,469,381 and WO 01/029702 / U.S. Patent No. 7,152,210 to Van Den Hoven et al.

WO 01/029702 / U.S. Patent No. 7,152,210 to Van Den Hoven et al.1

U.S. Pat. No. 7,469,381
Claim 1
A computer-implemented
method, comprising:

Van Den Hoven discloses a computer-implemented method.
For example, Van Den Hoven discloses that “[a] general purpose computer can be programmed to
function as the device by means of a computer program product.” Van Den Hoven at Abstract.

(a) at a device with a touch
screen display

Van Den Hoven discloses a computer-implemented method at a device with a touch screen.
For example, Van Den Hoven also discloses that the device can have a touch screen input. For
example, Van Den Hoven discloses that an “input stroke could be made with a finger, or with a
stylus or other input device.” Van Den Hoven at p. 6, lns. 21-22.

(b) displaying a first portion of
an electronic document;

Van Den Hoven discloses displaying a first portion of an electronic document. For example, Van
Den Hoven discloses “an easy, simple and intuitive way to browse an image collection” by
“continuously scrolling the sequence [of images] in the browsing area.” Van Den Hoven at p.2, lns.
16-20. This image collection is an electronic document comprised of individual images.
As the method in Van Den Hoven scrolls through the sequence of images, it will display a first
portion of the list of images:

1

Cites are to WO 01/029702 .

01980.51871/4307894.3

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(c) detecting a movement of an
object on or near the touch
screen display;

Van Den Hoven discloses that the device can have a touch screen input that is responsive to either a
finger or stylus. For example, Van Den Hoven discloses that an “input stroke could be made with a
finger, or with a stylus or other input device.” Van Den Hoven at p. 6, lns. 21-22.

(d) in response to detecting the
movement, translating the
electronic document displayed
on the touch screen display in a
first direction to display a
second portion of the electronic
document,

Van Den Hoven discloses in response to detecting the movement of the finger or stylus, translating
the electronic document in a first direction to display a second portion of the electronic document.
For example, Van Den Hoven discloses that “a speed of the scrolling of the sequence is varied in
accordance with a speed of an input stroke in the browsing area.” Van Den Hoven at p. 3, lns. 1819. Van Den Hoven further discloses that “the direction of an input stroke in the browsing area 103
can be used to vary the direction of the scrolling 107 of the sequence 102. If the input stroke is in
the direction opposite to the direction of the scrolling 107, the scrolling 107 should now go in the
reverse direction. The speed of the scrolling 107 can be made dependent on the speed of the input
stroke, as described above.” Id. at p. 6, ln. 33 to p. 7, ln 3.
Such a change in the scrolling speed or direction in response to the detecting of an input stroke will
display a second portion of the sequence of images that will be different from the first portion. For
example, Van Den Hoven discloses:

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2

The browsing means 101 is arranged to show the sequence 102 by continuously
scrolling 107 the sequence 102 in the browsing area 103. The sequence 102 is
usually too large to fit in the browsing area completely. This is indicated in FIG. 1 by
showing the portions of the sequence 102 that do not fit in the browsing area 103 in a
dashed form. The scrolling 107 will result in those portions being shown eventually.
Van Den Hoven at p. 5, lns. 17-21. In this way, Van Den Hoven will display different portions of
the image sequence as it scrolls.
(e) wherein the second portion
is different from the first
portion:

The second portion of the sequence of images displayed in response to the change in scrolling speed
or direction will be different from the first portion, since the sequence is being scrolled.
For example, Van Den Hoven discloses:
The browsing means 101 is arranged to show the sequence 102 by continuously
scrolling 107 the sequence 102 in the browsing area 103. The sequence 102 is
usually too large to fit in the browsing area completely. This is indicated in FIG. 1 by
showing the portions of the sequence 102 that do not fit in the browsing area 103 in a
dashed form. The scrolling 107 will result in those portions being shown eventually.
Van Den Hoven at p. 5, lns. 17-21. In this way, Van Den Hoven will display different portions of
the image sequence as it scrolls.

(f) in response to an edge of the
electronic document being
reached while translating the
electronic document in the first
direction while the object is still
detected on or near the touch
screen: displaying an area
beyond the edge of the
document, and

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Van Den Hoven discloses an electronic document comprised of multiple digital images (images
200, 202, 204 and 208 in Fig. 2) surrounded by a “border area” (shown as, for example, 201, 203,
205 and 209 in Fig. 2). The top or bottom areas of this “border area” will be shown during a
vertical scrolling operation when the image sequence scrolls to, and then beyond, its upper or lower
edge. Van Den Hoven discloses that the display of this area beyond the edge of the document
“makes the display of the sequence [] easy to recognize for a user.” Van Den Hoven p. 7, lns. 1825.

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Additionally, in my opinion, a person of ordinary skill in the art would understand that electronic
documents, like their real-life counterparts, can be arranged in a hierarchy. Accordingly, the
electronic document recited in claim 1 may itself contain sub-documents. Likewise, the electronic
document recited in claim 1 may itself be a sub-document within the hierarchy of some other
electronic document. Thus, in the context of Van Den Hoven, a subset of the digital images, for
example only images 202, 204, and 206 in Fig 2, can be viewed as the electronic document.
Scrolling past these digital images, images 200 and 208 can be viewed as areas beyond the edge of
the document.

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(g) displaying a third portion of
the electronic document,
wherein the third portion is
smaller than the first portion;
and

As noted above, Van Den Hoven discloses a “border area” surrounding the electronic document.
When the top or bottom portion of this “border area” is displayed during vertical scrolling, a third
portion of the electronic document is displayed that is smaller than the first portion, as a result of the
display of the upper or lower “border area.”
Similarly, if the electronic document is a subset of the digital images, for example only images 202,
204, and 206 in Fig 2, when some or all of images 200 or 208 are displayed, a third portion of the
electronic document is displayed, which is smaller than the first portion as a result of the display of
some or all of images 200 or 208.

(h) in response to detecting that
the object is no longer on or
near the touch screen display,
translating the electronic
document in a second direction
until the area beyond the edge
of the electronic document is no
longer displayed to display a
fourth portion of the electronic
document,

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Van Den Hoven does not explicitly disclose, in response to detecting that the object is no longer on
or near the touch screen display, translating the electronic document in a second direction until the
area beyond the edge of the electronic document is no longer displayed to display a fourth portion
of the electronic document. However, in my opinion, all the ingredients for doing so are contained
in Van Den Hoven. First, Van Den Hoven discloses mechanisms for detecting an object’s contact
with the touch screen display and taking actions in response to detecting that an object is no longer
on or near the touch screen display. Van Den Hoven discloses that scrolling operations may be
dependent on when a user’s finger or stylus ceases contact with the screen, such that the scrolling
behavior may depend on when the stroking gesture ends. For example, Van Den Hoven discloses
that “[i]f the stroking gesture ends in side the flow zone 102, the flow stops or de-accelerates,
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dependent on whether friction is simulated.” Van Den Hoven p. 6, lns. 28-32.
Second, Van Den Hoven discloses a response that is a translation in a reverse direction. For
example, Van Den Hoven discloses that “[t]he scrolling 107 of the sequence 102 can be made
infinitely long by . . . automatically reversing the direction of the scrolling 107.” Van Den Hoven at
p. 6, lns. 1-4. When the document reverses direction, the area beyond the edge of the document
(which as discussed above could be the “border area” at the top or bottom of the image collection,
or alternatively could be images appearing above or below the subset of images comprising the
electronic document) will no longer be displayed, and a different portion of the image collection
will be displayed as a result of the scrolling operation.
In light of these disclosures, in my opinion it would be obvious in light of Van Den Hoven to
monitor when “the stroking gesture ends,” and at that point, to reverse the direction of the image
scrolling.
(i) wherein the fourth portion is
different from the first portion.

Claim 2
The computer-implemented
method of claim 1, wherein the
first portion of the electronic
document, the second portion
of the electronic document, the
third portion of the electronic
document, and the fourth
portion of the electronic
document are displayed at the
same magnification.
Claim 3
The computer implemented
method of claim 1, wherein the

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In the reverse scrolling operation described above, the fourth portion of the sequence of images will
at some point be different from the first portion, since the sequence is being scrolled through in the
opposite direction.

Van Den Hoven discloses displaying the portions of the document at constant magnification. Van
Den Hoven discloses that the images in the image sequence can be shown “using thumbnails,”
which are “usually smaller than the actual image, so that a whole sequence of representations can be
shown at once on the computer or television screen, rather than just one or two images at a time.”
Van Den Hoven at p. 1, lns. 24-29. Van Den Hoven does not discuss changing the magnification of
these thumbnails, or of the image sequence, during the scrolling of the document.

Van Den Hoven discloses movement of an object on a touch screen display. For example, Van Den
Hoven discloses that an “input stroke could be made with a finger, or with a stylus or other input

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movement of the object is on
the touch screen display.
Claim 4
The computer-implemented
method of claim 1, wherein the
object is a finger.

device.” Van Den Hoven at p. 6, lns. 21-22.

Van Den Hoven discloses that the object used as an input device can be a finger. Van Den Hoven at
p. 6, lns. 21-22 (“This input stroke could be made with a finger, or with a stylus or other input
device.”).

Claim 5
The computer-implemented
Van Den Hoven discloses that the first direction is vertical, horizontal, or diagonal.
method of claim 1, wherein the
first direction is a vertical
For example, Van Den Hoven discloses:
direction, a horizontal direction,
or a diagonal direction.
A typical way of implementing scrolling 107 is by presenting the representations in a
linear list, either horizontally or vertically, which is moved in an appropriate
direction. For a vertical list, as shown in FIG. 1, the sequence 102 is moved
downward. Of course, other directions are also possible. It is not even necessary for
the representations to be presented as a linear list. The browsing area 103 could be
positioned in a curved form around the display area 106, so that the sequence 102 is
scrolled around the display area 106. The browsing area 103 could also be positioned
at the straight or curved edge of the device, so that it is easy to locate and use for a
user. The scrolling 107 could also follow a semi-random pattern in the browsing area
103.
Van Den Hoven at p. 5, lns. 22-30.
Claim 6
The computer-implemented
method of claim 1, wherein the
electronic document is a web
page.
Claim 7
The computer-implemented
method of claim 1, wherein the

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Currently not at issue.

Van Den Hoven discloses the electronic document is at least one digital image.

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electronic document is a digital
image.

Claim 8
The computer-implemented
method of claim 1, wherein the
electronic document is a word
processing, spreadsheet, email
or presentation document.
Claim 9
The computer-implemented
method of claim 1, wherein the
electronic document includes a
list of items.
Claim 10
The computer-implemented
method of claim 1, wherein the
second direction is opposite the
first direction

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Currently not at issue.

Van Den Hoven discloses the electronic document includes a list of items. For example, Van Den
Hoven discloses scrolling through a sequence of images, which is a list of items. Van Den Hoven
discloses that “the browsing means is arranged to show the sequence by continuously scrolling the
sequence in the browsing area.” Van Den Hoven at p. 1, lns 18-20.

Van Den Hoven discloses that the second direction is opposite the first direction. For example,
Van Den Hoven discloses an embodiment in which the scrolling of the sequence will automatically
reverse when the end of the sequence is encountered. See Van Den Hoven at p. 6, lns. 1-4.
Likewise, Van Den Hoven discloses that “the direction of an input stroke in the browsing area 103
can be used to vary the direction of the scrolling 107 of the sequence 102. If the input stroke is in
the direction opposite to the direction of the scrolling 107, the scrolling 107 should now go in the
reverse direction. The speed of the scrolling 107 can be made dependent on the speed of the input
stroke, as described above.” Id. at p. 6, ln. 33 to p. 7, ln 3.

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Claim 11
The computer-implemented
method of claim 1, wherein
translating in the first direction
prior to reaching an edge of the
document has an associated
speed of translation that
corresponds to a speed of
movement of the object.
Claim 12
The computer-implemented
method of claim 1, wherein
translating in the first direction
is in accordance with a
simulation of an equation of
motion having friction.
Claim 13
The computer-implemented
method of claim 1, wherein the
area beyond the edge of the
document is black, gray, a solid
color, or white.

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Currently not at issue.

Currently not at issue.

Van Den Hoven discloses the area beyond the edge of the document is black, gray, a solid color, or
white. For example the horizontal portions of the border areas 201, 203, 205, 207, and 209 in Fig.
2, beyond the edge of the electronic document, are shown as area of solid color:

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Claim 14
The computer-implemented
method of claim 1, wherein the
area beyond the edge of the
document is visually distinct
from the document.
Claim 15
The computer-implemented
method of claim 1, wherein
translating the document in the
second direction is a damped
motion.
Claim 16
The computer-implemented

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Van Den Hoven discloses the area beyond the edge of the document is visually distinct from the
document. For example, the border areas 201, 203, 205, 207, and 209 in Fig. 2 are visually distinct
from the electronic document.

Currently not at issue.

See claim 1(f).

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method of claim 1, wherein
changing from translating in the
first direction to translating in
the second direction until the
area beyond the edge of the
document is no longer
displayed makes the edge of the
electronic document appear to
be elastically attached to an
edge of the touch screen display
or to an edge displayed on the
touch screen display.
Claim 17
Currently not at issue.
The computer-implemented
method of claim 1, wherein
translating in the first direction
prior to reaching the edge of the
electronic document has a first
associated translating distance
that corresponds to a distance
of movement of the object prior
to reaching the edge of the
electronic document; and
wherein displaying an area
beyond the edge of the
electronic document comprises
translating the electronic
document in the first direction
for a second associated
translating distance, wherein
the second associated
translating distance is less than
a distance of movement of the

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object after reaching the edge
of the electronic document.
Claim 18
The computer-implemented
method of claim 1, wherein
translating in the first direction
prior to reaching the edge of the
electronic document has a first
associated translating speed that
corresponds to a speed of
movement of the object, and
wherein displaying an area
beyond the edge of the
electronic document comprises
translating the electronic
document in the first direction
at a second associated
translating speed, wherein the
second associated translating
speed is slower than the first
associated translating speed.
Claim 19
A device, comprising:
a touch screen display;
one or more processors;
memory; and
one or more programs, wherein
the one or more programs are
stored in the memory and
configured to be executed by
the one or more processors, the
programs including:
instructions for displaying a

01980.51871/4307894.3

Currently not at issue.

See preamble of claim 1.
See claim 1(a).
See preamble of claim 1.
See preamble of claim 1.
See preamble of claim 1.

See claim 1(b).

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first portion of an electronic
document;
instructions for detecting a
See claim 1(c) – 1(e).
movement of an object on or
near the touch screen display;
instructions for translating the
electronic document displayed
on the touch screen display in a
first direction to display a
second portion of the electronic
document, wherein the second
portion is different from the
first portion, in response to
detecting the movement;
instructions for displaying an
See claim 1(f) – 1(g).
area beyond an edge of the
electronic document and
displaying a third portion of the
electronic document, wherein
the third portion is smaller than
the first portion, in response to
the edge of the electronic
document being reached while
translating the electronic
document in the first direction
while the object is still detected
on or near the touch screen
display; and
instructions for translating the
See claim 1(h) – 1(i).
electronic document in a second
direction until the area beyond
the edge of the electronic
document is no longer

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displayed to display a fourth
portion of the electronic
document, wherein the fourth
portion is different from the
first portion, in response to
detecting that the object is no
longer on or near the touch
screen display.
Claim 20
A computer readable storage
medium having stored therein
instructions, which when
executed by a device with a
touch screen display, cause the
device to:
display a first portion of an
electronic document;
detect a movement of an object
on or near the touch screen
display; translate the electronic
document displayed on the
touch screen display in a first
direction to display a second
portion of the electronic
document, wherein the second
portion is different from the
first portion, in response to
detecting the movement;
display an area beyond an edge
of the electronic document and
display a third portion of the
electronic document, wherein
the third portion is smaller than

01980.51871/4307894.3

See preamble of claim 1 and claim 1(a).

See claim 1(b).
See claim 1(c) – 1(e).

See claim 1(f) – 1(g).

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the first portion, if the edge of
the electronic document is
reached while translating the
electronic document in the first
direction while the object is still
detected on or near the touch
screen display; and
translate the electronic
See claim 1(h) – 1(i).
document in a second direction
until the area beyond the edge
of the electronic document is no
longer displayed to display a
fourth portion of the electronic
document, wherein the fourth
portion is different from the
first portion, in response to
detecting that the object is no
longer on or near the touch
screen display.

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