Timebase Pty Ltd v. Thomson Corporation, The

Filing 266

Declaration of Michael Stonebraker in Support of 265 Response in Opposition to Motion filed by Thomson Corporation, The, West Publishing Corporation, West Services. (Attachments: # 1 Exhibit(s) A-1, # 2 Exhibit(s) A-2, # 3 Exhibit(s) A-3, # 4 Exhibit(s) A-4, # 5 Exhibit(s) A-5, # 6 Exhibit(s) A-6, # 7 Exhibit(s) A-7, # 8 Exhibit(s) A-8)(Wagner, Kevin)

EXHIBIT A-5

APPENDIX 8

Appendix 8: Detailed Analysis of ‘228 Patent Specification

Section / Appendix / Figure

Text

Discloses Graphical
Representation of a
Multidimensional
Space?

Unique to the
‘228 Patent?

Comments

1.

Abstract

Abstract.

No

Yes*

The Abstract does not describe a graphical
representation of a multidimensional space or the
claimed method of displaying portions as a graphical
representation of the multidimensional space on a
video display. It discusses displaying a single portion
of text-based data. It also discusses displaying “[a]
point on a primary axis of the multi-dimensional space
corresponding to the displayed pre-defined portion,”
however this is merely a single point and a single axis,
not a display of a multidimensional space, and not a
graphical display.

2.

Cross Reference to Related
Applications

Col. 1, lns. 714.

No

Yes*

This section lists the patent applications to which the
‘228 claims priority. I have investigated these other
applications. They are a largely identical to a subset of
the ‘228 specification. I did not find any disclosure of
a graphical representation of a multidimensional space
or the claimed method of displaying portions as a
graphical representation of the multidimensional space
on a video display in these applications.

3.

Field of the Invention

Col. 1, lns. 1526.

No

1st Paragraph:
No
2nd Paragraph:
Yes*

These two paragraphs are a high-level summary of the
invention, which do not disclose any details of the
invention. They certainly do not describe or mention a
graphical representation of a multidimensional space
or the claimed method of displaying portions as a
graphical representation of the multidimensional space

*

I understand that if the plaintiffs point to any section unique to the ‘228 patent (and therefore, not included in the ‘592 patent) as support for the “graphical
representation of a multidimensional space,” claims 24 and 36 would not be entitled to the priority date of the ‘592 patent.

Appendix 8 - page 1

Appendix 8: Detailed Analysis of ‘228 Patent Specification

Section / Appendix / Figure

Text

Discloses Graphical
Representation of a
Multidimensional
Space?

Unique to the
‘228 Patent?

Comments

on a video display.
4.

Background

Col. 1, ln. 30Col. 3, ln. 52.

No

No

This part of the specification describes the perceived
difficulties with the state of the art at the time of filing,
in January 1997. It does not describe the invention,
and certainly does not describe a graphical
representation of a multidimensional space or the
claimed method of displaying portions as a graphical
representation of the multidimensional space on a
video display.

5.

Background

Col. 3, ln. 53Col. 4, ln. 44.

No

Yes*

This part of the specification describes and
incorporates by reference the specification of the ‘592
patent, which does not disclose a graphical
representation of a multidimensional space or the
claimed method of displaying portions as a graphical
representation of the multidimensional space on a
video display.
This part of the specification also describes “[e]xisting
methods of navigating electronic publications . . . .”
Specifically, it teaches away from using “bookmarks”
because they “fail[] to address the abilities and
complexities of electronic publications.”
This part of the specification also teaches away from
known methods of navigating complex data. For
example, it argues that web solutions “typically handle
two axes, sequential and hierarchical, using either
embedded links such as Previous, Next and Contents,
or expandable content frames, as provided in Windows
Explorer.” The specification goes on to say that

Appendix 8 - page 2

Appendix 8: Detailed Analysis of ‘228 Patent Specification

Section / Appendix / Figure

Text

Discloses Graphical
Representation of a
Multidimensional
Space?

Unique to the
‘228 Patent?

Comments

although “[f]urther axes may be handled by
incorporating embedded links in the body of the text . .
. [s]uch embedded links are point to point, and provide
limited navigational value to the user.”
It is clear upon reading this section that the inventors
were describing disadvantages of existing methods of
navigation, and were not explaining any method of
displaying text-based data involving a graphical
representation of a multidimensional space or the
claimed method of displaying portions as a graphical
representation of the multidimensional space on a
video display.
6.

Summary

Col. 4, ln. 45Col. 5, ln. 14.

No

No

7.

Summary

Col. 5, ln. 15Col. 8, ln. 16,
as well as the
originally filed
claims which
are not shown
in the issued
patent.

No

Yes*

Appendix 8 - page 3

This part of the specification describes the claims as
originally drafted in the ‘592 specification. Neither
those claims nor this section disclose a graphical
representation of a multidimensional space or the
claimed method of displaying portions as a graphical
representation of the multidimensional space on a
video display.
This part of the specification describes the claims that
the inventors submitted with the original ‘228 patent
application. These original claims did not require or
mention a graphical representation of a
multidimensional space or the claimed method of
displaying portions as a graphical representation of the
multidimensional space on a video display. The first
four “aspects” of the invention appear to be directed to
a user interface on a computer system. These claims