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

Filing 441

OBJECTIONS to Samsung's Untimely New Evidence Regarding Preliminary Injunction Motion by Apple Inc.. (Attachments: #1 Grant Kim Declaration (Public Redacted Version), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E (Redacted), #7 Exhibit F, #8 Exhibit G (Redacted), #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Jacobs, Michael) (Filed on 11/30/2011)

EXHIBIT I

Exhibit I
Apple’s Contingent Rebuttal to Samsung’s “DiamondTouch” Invalidity Chart for US Patent No. 7,469,381 (the “’381 Patent”)
This chart is a contingent rebuttal to Samsung’s argumentative “DiamondTouch” (aka “DTFlash”) invalidity chart for the ’381
Patent (Samsung’s Exhibit G-7), and the unauthenticated video that Samsung proposes to submit. Apple objects to Samsung’s chart
and video because (1) Samsung failed to submit them in a timely manner; and (2) they are not admissible evidence of the features of
the DiamondTouch or that it constitutes prior art. Apple submits this rebuttal chart on a contingent basis if the Court decides to
consider Samsung’s chart. Apple has had no opportunity to examine the DiamondTouch system or the DTFlash software. Apple
reserves the right to update its chart based on new information to include additional and/or revised arguments. This chart focuses on
the three independent claims; DiamondTouch does not anticipate the dependent claims for the same and additional reasons.
U.S. Patent No. 7,469,381

DiamondTouch

Independent Claim 1
[1-A] A computer-implemented method,
comprising:

Samsung has presented no evidence of implementation of any method relevant to the
claims of the ’381 Patent before the effective filing date of the ’381 Patent.

[1-B] at a device with a touch screen display

DiamondTouch does not appear to involve a “touch screen display.” Rather, it
involves a touch-sensitive surface that may be used with a separate projector
mounted over the table, which projects images onto the table. This is clear from
Samsung’s Presentation (“SP”), which shows that images are projected onto the
user’s hand and casts a shadow onto the table. (SP 173-76.)

[1-C] displaying a first portion of an
electronic document;

Samsung defines the first “portion” displayed by DiamondTouch as the lower twothirds of the screen (the sky), ignoring the image display in the upper one third (the
grassy hill). (SP 174.) This is an unsupported attempt to misconstrue the claim
language so as to support Samsung’s invalidity theory. “Displaying a first portion of
the electronic document” refers to whatever image of the document is displayed in
the display area: in this case the sky and the grassy hill. Samsung cannot properly
interpret this as referring to only a fraction of the image displayed.

[1-D] detecting a movement of an object on
or near the touch screen display; in response

Samsung inconsistently interprets “second portion” as the entire image that is
displayed (SP 175), contrary to its use of “first portion” to refer to part of the image
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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,
wherein the second portion is different from
the first portion

only. (SP 174.) If “portion” refers consistently to a part of the image, the
DiamondTouch does not translate the electronic document to display a second
portion that is different from the first, because the same sky and hill are displayed in
both SP 174 and 175. Conversely, if “portion” refers consistently to the entire
image, the entire image is continuously displayed in a “wrap-around” manner, so the
DiamondTouch does not translate the electronic document to display a second
portion that is different from the first.

[1-E] 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 display: displaying an area
beyond the edge of the document, and
displaying a third portion of the electronic
document, wherein the third portion is smaller
than the first portion; and

Samsung inconsistently interprets “third portion” as a part of the entire image that is
displayed (SP 176), contrary to its use of “second portion” to refer to the entire
image. (SP 175.) If these terms are consistently interpreted as the entire image that
is displayed, DiamondTouch fails to display a third portion that is “smaller than the
first portion,” as the entire document is always displayed, in the same size.
Moreover, the DiamondTouch system does not display an “area beyond the edge of
the document” as the area indicated in Samsung’s chart is merely a section of the
electronic document. As depicted in the video, the clouds at the top of the image
wrap around and reappear at the bottom of the image. These clouds are part of the
electronic document, and not “beyond the edge.”
In addition, Samsung has presented no evidence the area beyond the edge is
displayed “in response to an edge of the electronic document being reached.”

[1-F] 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, wherein the fourth
portion is different from the first portion.

Samsung inconsistently interprets “fourth portion” as the entire image that is
displayed (SP 177), contrary to its use of “first portion” and “third portion” to refer
to part of the image only. (SP 174, 176.) If these terms are used consistently to refer
to the entire image that is displayed, DiamondTouch fails to display a fourth portion
that is “different from the first portion,” as the entire document is always displayed,
in full.

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Independent Claim 19
[19-A] A device, comprising:

See [1-A].

[19-B] a touch screen display;

See [1-B].

[19-C] one or more processors;

See [1-A].

[19-D] memory; and

See [1-A].

[19-E] 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:

See [1-A].

[19-F] instructions for displaying a first
portion of an electronic document;

See [1-C].

[19-G] instructions for detecting a 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;

See [1-D].

[19-H] instructions for displaying an area
beyond an edge of the electronic document
and displaying a third portion of the

See [1-E].

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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
[19-I] instructions for 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, 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.

See [1-F].

Independent Claim 20
[20-A] A computer readable storage medium
having stored therein instructions, which
when executed by a device with a touch
screen display, cause the device to:
[20-B] display a first portion of an electronic
document;
[20-C] 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

See [1-A] and [1-B].

See [1-C].
See [1-D].

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second portion of the electronic document,
wherein the second portion is different from
the first portion, in response to detecting the
movement
[20-D] 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 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
[20-E] translate 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, 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.

See [1-E].

See [1-F].

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