Mirror Worlds, LLC v. Apple, Inc.

Filing 221

MOTION for Summary Judgment THAT THE ASSERTED CLAIMS OF U.S. PATENT NOS. 6,006,227, 6,638,313, 6,725,427 AND 6,768,999 ARE INVALID AS ANTICIPATED AND OBVIOUS by Apple, Inc.. (Attachments: #1 Text of Proposed Order, #2 Declaration of Jeffrey G. Randall in Support of Motion for Summary Judgment, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29)(Randall, Jeffrey)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 221 Att. 2

EXHIBIT 26

Dockets.Justia.com

EXHIBIT 26

Invalidity of U.S. Pat. No. 6,638,313 As Disclosed by Lucas Workscape Disclosure In its infringement contentions, Mirror Worlds has applied various claim limitations in an overly-broad manner, in an attempt to read those limitations on the accused products. See Ex. 13. While Apple disputes that approach, Apple has, for the purposes of this summary judgment motion, applied the same breadth of Mirror Worlds' infringement contentions to the prior art. Nothing in these disclosures should be interpreted as an acquiescence to or assertion of a particular claim construction by Mirror Worlds. The Lucas Workscape references include: · · · · · U.S. Patent No. 5,499,330 to Lucas et al. ("'330 patent") (Ex. 5.) Transcript of the Deposition of Peter Lucas, Ph.D. taken on June 16, 2010 ("Lucas Depo. Tr."). (Ex. 29.) "CHI '94 Video", which is a video that was publically disclosed at the CHI (computer-human interaction) conference in 1994. (Ex. 7.) Peter Lucas and Lauren Schneider, "Workscape: A Scriptable Document Management Environment," CHI '94 Conference Companion, pp. 9-10 (April 24-28, 1994). (Ex. 8.) Joseph M. Ballay, "Designing Workscape: An Interdisciplinary Experience," CHI '94 Conference, pp. 10-15 (April 24-28, 1994). (Ex. 9.)

'313 Patent Claim Language

See Lucas Depo. Tr. at 56:1-58:10; 170:13-172:4 for description of the relationship between publically disclosed references such as the CHI '94 Video and the '330 patent. See Lucas Depo. Tr. at 103:15-104:24 for discussion of the above listed "Workscape: A Scriptable Document Management Environment" publication. Lucas Workscape anticipates one or more of the asserted claims, and renders obvious all others in view of one or more of the below listed references: U.S. Patent No. 6,243,724 to Mander et al. ("Mander") was filed on August 8, 1994 and issued on June 5, 2001. (Ex. 10.)

'313 Patent Claim Language The Retrospect software product, as described in, e.g., the book "Retrospect User's Guide" (1993) and the manual, "Retrospect User's Guide" (1995) (Herein referred to as "Retrospect"). (Exs. 11 & 12.) Emphasis is added in the disclosures below, unless otherwise indicated.

Disclosure

1.

Claim 1 A method of utilizing a document stream operating system that in turn utilizes subsystems from at least one other operating system, comprising:

Lucas Workscape describes a method of utilizing a document stream operating system that utilizes subsystems from at least one other operating system. Lucas Workscape describes a client-server system. The client system and the server (e.g., repository) system, each have their own operating systems. The client has a document stream operating system that generates streams using the FIND tool. The FIND tool is used to search repositories and/or the user's workspace(s). The documents retrieved from this FIND operation can be automatically time-ordered. The document stream operating system acted like a typical operating system by allowing users to install on it and manage applications, referred to as "tools." The client system utilizes subsystems from the server (i.e., repository) operating system to perform such actions as searching for documents, writing documents to repositories, receiving documents from repositories, and archiving (e.g., "copying") documents to repositories. Additionally, the Workscape client system, by itself, can be considered as being comprised of a document stream operating system utilizing subsystems from at least one other operating system. This is because the Workscape document stream operating system ran on top of another operating system. Support for the client-server architecture · "Architecturally, Workscape employees a client server model between a user application known as the viewer and any number of network data repositories. The primary job of the viewer is to receive documents from repositories and render them in the user's workspace." CHI '94 Video at 4:44-5:02.

Claim construction order (Ex. 24):

Stream = a timeordered sequence of documents that functions as a diary of a person or an entity's electronic life and that is designed to have three main portions: past, present, and future.

Document stream operating system = an operating system that

2

'313 Patent Claim Language is based on a timeordered sequence of documents that functions as a diary of a person or an entity's electronic life and that is designed to have three main portions: past, present, and future.

Disclosure

Operating system = the software that handles basic CHI '94 Video at 5:06. '330 patent at Fig. 15. computer operations (e.g. managing · Addit io nally, see e.g.,'330 patent at Fig. 8. input/output, memory, applications, etc.) and presents an interface to Support for a document stream operating system the user. See disclosure provided for claim element 13A in the '227 patent invalidity chart. (Ex. 25.) Support for the client system handling basic computer operations · "The display controller 610 includes a memory 25, the memory 25 having parent document 27 (shown as screen object 17 in FIGS. 1 and 2), and child documents 29a, 29b, . . . 29e (shown as screen objects 19 in FIGS. 1 and 2)." '330 patent at 11:52-55. "Q. Did the Workscape system support -- strike that. Did the Workscape system support user's

·

3

'313 Patent Claim Language

Disclosure

A.

Q. A. Q. A.

installat ion of applications that may perform -- strike that. Did the Workscape -strike that. Did the Workscape application permit users to install applications on to it? Well, that's what the tools were. Workscape was essentially a platform, and each tool could be used. And since the tools were just documents, everything that we have said so far about bringing documents into the workspace was applied to tools. For instance, a user could use the E-mail tool to E-mail a configured copy of the find tool from one user to another. You've described that tools were made through scripting language? Yes. Were tools capable of being made as robust as, for example, Microsoft word? You're asking -- robust is a characterization of an implementation, not of a design. Most of our work was prototype being of user interface ideas, for robustness was not a goal. But assuming a complete and stable implementation of the design, yes, certainly." Lucas Depo. Tr. at 133:20-134:16.

4

'313 Patent Claim Language Applications installed onto workscape system

Disclosure

CHI '94 Video at 4:41. · "Q.

A. Q. A.

Q. A.

You indicated I believe during Mr. Solo's questioning that Workscape was intended as of 1994 to operate in conjunction with a number of tools; is that correct? Well, its usage is implied using tools. We didn't do anything without the tools, so the tools are integral to the concept. Were the tools like applications or? Yes, they were -- essentially you could think of the Workscape client as being a platform for the development of applications in the forms of tools. Did the Workscape client effectively manage those tools and applications? MR. SOOBERT: Objection, form. Did the client manage them, I'm not sure in

5

'313 Patent Claim Language what sense you mean. It managed documents, and the applications were documents. So, if that's the sense in what you mean, the answer is yes." Lucas Depo. Tr. at 169:14-170:8. · Addit io nally, see e.g., CHI '94 Video at 5:18-5:32; '330 patent at 11:66-12:6, 13:5-12, 1:57-61.

Disclosure

Support for client system utilizing subsystems from at least one other operating system · "The computer network that the system is connected to may have one repository available or it may have many. Some repositories are generic places to put documents, while others may be specialized. For example, a machine that sends and receives documents as faxes over telephone lines can be a repository. The user may choose to maintain a private repository on the local computer. Most repositories are on remote machines and the system gets documents from them over the network." '330 patent at 7:5866. "A repository server is a server that serves documents from a repository to a client and provides a search engine, and repository interface to process search requests described by attribute value pairs from the client system, and to search the repository using the search protocol specific to that repository." '330 patent at 8:24-29. "Q.

·

·

A. Q.

We discussed briefly that the Workscape viewer -- strike that. We discussed briefly that the Workscape system was architecturally configured to be in a client-server configuration; correct? Yes. And the Workscape client would sit presumably on a user's machine that had its own operating

6

'313 Patent Claim Language A. Q.

Disclosure

A. · Addit io nally, see e.g., '330 patent at 16:22-24.

system; is that correct? Yes. And then on the server side, or the repository side, whatever operating system was being used by the repository was distinct from the operating system on the client side; is that right? Assuming the repository was on a different machine, yes." Lucas Depo. Tr. at 167:9-168:1.

Support for the client document stream operating system running on top of and utilizing another operating system · A. "Q. So, was the Workscape client designed to work with any part icular computer system or? Well, remember, we were doing prototype developments. The arrangement with Digital was that the final productization would have been theirs and done by their engineering staff, and they would make business decisions as to what it would be targeted on. But our initial prototypes were, the very earliest ones were done in a system called HyperCard, which was an Apple prototyping environment. When we started doing more substantial prototyping, they were initially done in a system at that time called Motif. And ultimately, but before the product

7

'313 Patent Claim Language was over, there were versions running on Microsoft Windows as well." Lucas Depo. Tr. at 16:22-17:13. ·

Disclosure

"The current Workscape prototype exists as a motif application, running on a variety of digital platforms. This prototype serves as a test bed for the development of end user applications within the Workscape environment." CHI '94 Video at 5:18-5:32.

1A

Lucas Workscape describes receiving documents from diverse applications in formats that are specific to the respective applications and differ as between at least some of the applications. See "Support for data units received by and from a computer system" provided for claim 13 in the '227 patent invalidity chart. (Ex. 25.) See disclosure provided for claim 17 in the '227 patent invalidit y chart for support pertaining to receiving documents from diverse applications. (Id.) Additional support for document in formats specific to the respective applications and different as between at least some of the applications · · "The system supports multiple renderers, and which renderer is used for a particular document is determined by an attribute of that document." '330 patent at 5:46-48. "The interior of each screen object is rendered by its associated renderer, and the workspace viewer completes the view. The workspace viewer is also that part of the system which is responsible for maintaining the view of a workspace. '330 patent at 5:52-56.

receiving documents from diverse applications in formats that are specific to the respective applications and differ as between at least some of said applications;

Claim construction order:

Document = a data unit.

1B

Lucas Workscape describes automatically associating time-based indicators with the documents received in the receiving step from the diverse applications. See disclosure provided for claim elements 13D and 13E in the '227 patent invalidity chart. (Ex. 25.)

automat ically associat ing time-based indicators with the documents received in the receiving step from

8

Disclosure Additional Support · "Whenever a new document is scanned, faxed or sent through electronic mail, and then subsequently fetched to a workspace, the system will annotate that document to indicate that it has not been read. The system may staple an information sticker to the new document, thereby creat ing a fixed visual relationship between the information sticker and the new document. After the information sticker is stapled to the document, the information sticker will be displayed in the position at which it was stapled relative to the new document whenever the new document is displayed. The fields of the information sticker and their contents depend on where the document came from." '330 patent at 19:42-53. "In an example embodiment, when a document is scanned into the system, the scanned document is automatically placed in an IN BOX pile of the owner of the document. Each scanned document has an information sticker across its top displaying the name of the owner and the date it was scanned." '330 patent at 4:43-48. Addit io nally, see e.g., '330 patent at 9:8-13, 8:7-11, 1:57-61, 9:8-13, 8:51-53, 8:33-35, 9:26-29, Fig. 1; Lucas Depo. Tr. at 66:3-69:16.

'313 Patent Claim Language the diverse applications;

Claim construction order:

Time-based indicators = chronological indicators. ·

Document = a data unit.

·

1C

automat ically archiving the received documents;

Lucas Workscape describes archiving received documents. Lucas Workscape describes that documents could either be moved or copied to another storage medium (e.g. repository). Lucas Workscape also allowed for these documents to be persistently written back to the repository. See Lucas Depo. Tr. at 124:21-125:23. This persistence in writing documents in a workspace back to a repository corresponds to automatically archiving the documents. To the extent that Lucas Workscape does not disclose automatically archiving the received documents, it would have been obvious and trivial to one of ordinary skill in the art to automate this archiving process in the Workscape system. See e.g., Lucas Depo. Tr. at 168:2-169:1.

Claim construction order:

Archiving = copying or moving documents to a secondary storage medium.

Document = a data

9

'313 Patent Claim Language unit.

Disclosure In addition, it would have been obvious to one of ordinary skill in the art to make such archiving automatic in view of Lucas Workscape in combination with Retrospect. "Retrospect backs up everything­documents, fonts, programs, and preferences." 1995 Retrospect, p. APMW0000704. Retrospect copies or moves documents to a secondary storage medium, such as a tape or a disk. 1995 Retrospect, p. APMW0000372, APMW0000396, APMW0000397, APMW0000398, APMW0000518, APMW0000530; 1993 Retrospect, p. 14, 17, 18, 27, 28, 98, 107, 207. Retrospect can automatically archive received documents in many different ways. 1995 Retrospect User's Guide, p. APMW0000455, APMW0000460-461, APMW0000473, APMW0000479-480; 1993 Retrospect User's Guide, p. 40, 42, 44. See "Support for Archiving" provided for claim element 22A in the '227 patent invalidity chart. (Ex. 25.) Support for documents to be persistently written back to the repository in Workscape · "Q.

A.

I guess my question is: When a user edits a document in the Workscape, is he edit ing the document that was in the repository, or a copy of the document that was formatted for Workscape? You must be very careful in defining the term copy. In a world in which documents have unique identifiers, a copy has a different identifier. If I may introduce some of our standard terminology, we talk about copies versus replicas. A replica had -- and that's not necessarily industry standard terminology, but this is a distinction that is often missed in the industry. Two replicas of the same document

10

'313 Patent Claim Language had the same identifier, two copies have different identifiers. With that as context for answering your question, one could think of the instance of the document in the repository and the instance in the workspace as being replicas, since they have the same identifier. Of course the thing literally being edited is a replica in the workspace, it's not a copy, but it is a replica. But that can be written back to the persistent repository with whatever degree of aggressiveness the designer of the tool has decided." Lucas Depo. Tr. at 124:21-125:23. Support for obviousness and ease of automatically archiving in Workscape · "Q.

Disclosure

A. Q.

Now, Mr. Solo asked you a couple of questions about archiving documents and whether they're, you know, whether scripting to do that automatically was specifically described. And you I believe testified that to the extent it's not described is very easy to do; is that correct? MR. SOLO: Objection, form. Sure. If archiving means making copies of the documents in another repository, certainly. With that definition, making copies in another repository, how long do you think it would have taken someone with your skill in this technology area to develop a script like that?

11

'313 Patent Claim Language A. Q. A. Q. A. Q. A. To automatically archive things? Yes. 15 minutes. 15 minutes? (Nodding head up and down.) That's assuming I still remembered how scripting language worked. I was answering in 1990. How about the same question for one of your developers as of 1994? It's the same, it's just a few lines of script." Lucas Depo. Tr. at 168:2-169:1.

Disclosure

Support for automatic archiving in Retrospect · "An important capability of Retrospect is its ability to perform automatic, unattended backups. You can schedule scripts to execute automatically and you do not have to attend to the computer during the backups." 1995 Retrospect, p. vAPMW0000372 "Retrospect copies files from a source and stores them in a backup set. The source can be a hard disk, file server, compact disk, any Finder­mountable volume, or even a combination of multiple sources." 1995 Retrospect, p. APMW000396 "If you want to automate your backups so they can be performed while your Macintosh is unattended you can use Retrospect's scripting feature to set up and schedule backups. See Chapter 4, `Automating Backups with Scripts' on page 41 for more information on creating, modifying, and scheduling scripts." 1993 Retrospect, p. 40. "Creating a backup script The steps for creating a backup script are similar to those for performing an Immediate Backup. The difference is that your choices are saved in the script and the backup is not performed until you actually

·

·

·

12

'313 Patent Claim Language

Disclosure run the script. There are three basic steps to creating a script: · Choosing the source volumes to back up · Choosing the StorageSets on which to store the files · Scheduling when you want the script to execute automatically You can also use these steps to create an archive script, which gives you the option of moving files to the StorageSet (deleting them from the Source once they have been verified)." 1993 Retrospect, p. 42. · Addit io nally, see e.g., 1995 Retrospect at pp. APMW0000396-398, p. APMW0000455, pp. APMW0000460-461, p. APMW0000473, pp. APMW0000479-480, p. APMW0000518, p. APMW0000530; 1993 Retrospect at p. 14, 17, 18, 27, 28, 44, 98, 107, 207.

1D

automat ically creating Lucas Workscape describes automatically creating glance views that are abbreviated versions of respective ones glance views that are of the documents. abbreviated versions of respective ones of said See disclosure provided for claim element 20A in the '227 patent invalidity chart. (Ex. 25.) documents;

Claim construction order:

Glance views = an abbreviated presentation of a document.

1E

Document = a data unit. select ively displaying at least some of said documents as a

Lucas Workscape describes selectively displaying at least some of the documents as a receding, foreshortened stack of partly overlapping documents so that only a part of each of the documents in the displayed stack, after the first document in the stack, is visible to the user.

13

Disclosure Support

'313 Patent Claim Language receding, foreshortened stack of partly overlapping documents so that only a part of each of said documents in the displayed stack, after the first document in the stack, is visible to the user;

Claim construction order: Lucas at Fig. 1. Lucas at Fig. 3. Lucas at Fig. 5.

Document = a document representation.

"Workscape: A Scriptable Document Management Environment" at p. 9.

14

'313 Patent Claim Language

Disclosure

U.S. Des. D395,297 "Screen Display with Icon" to Hugo T. Cheng, Joseph M. Ballay and Peter Lucas.

See CHI '94 Video at 4:08.

15

'313 Patent Claim Language ·

Disclosure Addit io nally, see e.g., '330 patent at 5:14-22, 5:52-57, 6:30-34, Lucas Depo. Tr. at 79:1-80:7; Lucas Depo. Tr. at 164:7-165:15; CHI '94 Video at 11:16.

1F

Lucas Workscape describes displaying a cursor or pointer and responding to a user sliding the cursor or pointer over the displayed stack to display the glance view of the document in the stack that is currently touched by the cursor or pointer. Lucas Workscape describes displaying streams on a display device as visual streams. See '330 patent at 5:14-22, 5:42-57, 6:30-34, Figs. 1, 3, 5, 10:43-51. Lucas Workscape describes that by moving a "mouse cursor," the document object is moved. See '330 patent at 6:67-7:21. To the extent that Lucas Workscape does not disclose the "without requiring clicking" element it would have been obvious to do so to one of ordinary skill in the art in view of Lucas Workscape in combination with U.S. Patent No. 6,243,724 ("Mander").

said displaying further including displaying a cursor or pointer and responding to a user sliding the cursor or pointer over said displayed stack to display the glance view of the document in the stack that is currently touched by the cursor or pointer, without requiring clicking on the document; and

Claim construction order:

Document = a document representation.

Mander describes displaying a cursor or pointer and responding to a user sliding the cursor or pointer over the displayed stack to display the glance view of the document in the stack that is currently touched by the cursor or pointer, without requiring clicking on the document. As shown in FIG. 1, Mander discloses the displaying of a user­controllable cursor or pointer (element 21) with a pile (element 23) on the display screen (element 22) of a display device (element 19). See Mander at FIG. 1, 5:66­6:51, 6:24-51. In the preferred embodiment disclosed in Mander, in response to a user sliding the cursor or pointer over a pile for a predetermined period of time, a view cone with a proxy is displayed without requiring the clicking on a document in order to allow the user to browse through the documents in the pile. See Mander at FIGS. 4a-4e, 7, 12b, 16, 22e, 9:49­10:41, 26:66­ 27:19. The user may browse through the documents in a pile simply by moving the position of the cursor or pointer up or down the pile using, for example a mouse or other input device. See Mander at 10:15-35, 27:1940. Mander explicitly recognizes many variations to the browsing operation would be apparent to one of ordinary skill in the art. See Mander at 12:19-34. Mander even discloses browsing within a document using a thumb roller of a mouse without clicking to move between the pages of the document. See Mander at 12:19-34. Support from Lucas Workscape for displaying a cursor

16

'313 Patent Claim Language ·

Disclosure "Further, while the strand 15 is selected, the user may use the mouse to move the cursor 21 around the display device 10, thereby mo ving the entire strand 15." '330 patent at 10:36-38.

cursor

'330 patent at Fig. 1. Support from Lucas Workscape for responding to a user sliding the cursor or pointer over the displayed stack to display the glance view · "As an alternative a track ball device may be used to manipulate the position of the mouse cursor. As the mouse cursor is moved toward the bottom of the screen, the screen object is dragged forward (towards the user) within the workspace. As the mouse cursor is moved toward the upper left corner of the screen instead of forward, the screen object is pushed back within the workspace. Note that as the screen object on the display device is being moved, the virtual location of the corresponding document maintained in the world space of the workspace viewer is being changed accordingly. Thus one can either say that the screen object is being moved, or that the document is being moved, and have the same meaning. As a document is pulled forward, the document is moved towards the user along the z axis of the three

17

'313 Patent Claim Language

Disclosure dimensio nal workspace. The perspective process translates this movement of the object towards the user into a screen representation of the screen object for the document. As a result, the screen object for the document grows in size in its two dimensional screen space representation. Conversely, when a document is pushed back, the screen object for the document is made smaller. A document can only be moved forward a certain distance. When it is as big as it will get, it is plastered against the workspace window and cannot be moved any closer. The world space size of a screen object is the size of the screen object in the three dimensional space of the workspace." '330 patent at 6:67-7:27. Support from Mander for displaying a cursor or pointer · "As shown in FIG. 1, the display means 19 displays on its display screen 22 a cursor 21 which is controlled by the cursor control device shown in FIG. 1 as a mouse 16. The display means 19 may be any one of a variety of known display systems, such as a video (CRT) display monitor or a liquid crystal display." Mander at 5:66­6:5.

18

'313 Patent Claim Language Mander at Fig. 1. · Addit io nally, see e.g., Mander at 6:24-51.

Disclosure

Support from Mander for responding to a user sliding the cursor or pointer over a stack without clicking to display the glance view · "FIGS. 4a, 4b, 4c, 4d and 4e reveal various embodiments for browsing a pile according to the invention. The graphical representation of pile 151 is shown in FIG. 4a as a collection of documents 153 which are stacked on top of a base 152. The cursor 154 is shown as located on top of the collection 153. In the preferred embodiment of the present invention, the user positions the cursor 154 over the graphical representation of the pile and allows the cursor to remain positioned over the pile for a predetermined period of time. After that predetermined period of time, the computer system displays a view cone 162 with a proxy 161 in order to allow the user to browse through the documents in the collection of documents comprising the pile. As shown in FIG. 4a, the view cone 162 points to or is connected on one side (the apex or smaller side) to the collection of documents, and the apex is positioned to correspond to the document which has been selected for viewing in the browsing environment. The other side of the viewing cone 162 shows a proxy 161 which is, in one embodiment, a miniature of the first page of the document which has been selected for browsing. The cursor 160, as shown in FIG. 4a, has been positioned over this document which indicates that the proxy 161 is for the first document in the pile 156. The user may select any document within the pile by moving the cursor on top of a particular document in the pile 156 and sending a signal to the computer to select the document. Once browsing has been invoked and the view cone has been displayed, the cursor need not be positioned for a predetermined period of time over an item in order to make the view cone and the proxy appear. In other words, once the system has been instructed by the user to allow browsing of documents within a pile, the system displays the appropriate proxy for the selected document in the pile on demand by the user without waiting for a predetermined period of time. Once browsing has been invoked, the user may quickly scan through the pile by moving the cursor up and down the pile; in this manner, each time the cursor comes to a representation of a document in the pile, the system displays the proxy for that document within the view cone 162. The left side (apex) of the view cone as shown in FIG. 4a

19

'313 Patent Claim Language

Disclosure originates from the selected document and the right side (base) of the view cone shows the specific proxy (indicia) relating to that document. It will be appreciated that the view cone provides a means for indicating the position of the selected document in the pile when browsing the pile in that the apex points to the selected document. Browsing may be terminated by the user by moving the cursor away from the pile such that it is no longer positioned over any document area of the pile, including any documents stacked on top of the base which are associated with the pile. Browsing may also continue if the user positions the cursor over the base; in this case, the proxy may reveal the script of the pile or an internal representation of the pile itself rather than of a document in the pile." Mander at 9:49-10:41.

Mander at Fig. 4.

20

'313 Patent Claim Language

Disclosure

Mander at Fig. 16. · Addit io nally, see e.g., Mander at 12:19-22, 26:66-27:19, 27:19-40, Figs. 7, 12B, 22E.

1G

utilizing, in said document stream operating system,

Lucas Workscape describes utilizing in the document stream operating system, subsystems from at least one other operating system being used for operations including writing documents to storage media, interrupt handling and input/output.

21

Disclosure See disclosure provided above for claim element 1.

'313 Patent Claim Language subsystems from said at least one other operating system for operations including writing documents to storage media, interrupt handling and input/output.

Claim construction order:

2.

Lucas Workscape describes a method that includes storing documents as a main stream that is time-based and selectively generating a substream of documents that are a subset of the documents in the main stream matching selected criteria. See disclosure provided for claim element 13A in the '227 patent invalidit y chart. (Ex. 25.) Additional support for storing the main stream · A. "Q.

Document = a data unit. Claim 2 A method as in claim 1 including storing said documents as a main stream that is timebased and selectively generating a substream of documents that are a subset of the documents in the main stream matching selected criteria.

Claim construction order:

Main stream = a

I guess this may be the one link I may need clarification on. How is the workspace stored? It's a document, it's stored in attribute value pairs, like any other document. I said several times, and I don't mean to belabor, but it's quite important, that there is only one kind of persistent storage in Workscape,

22

Disclosure

'313 Patent Claim Language stream that is inclusive of every data unit, or document, received by or generated by the computer system. Q. A. Q. A. Q. A.

Substream = a stream that is a subset of data units, or documents, yielded by a filter on a stream, the filter identifying certain documents within the stream.

Document = a data unit.

and that is attribute value pairs of documents. I guess I'm confused about a small nuisance. A workspace could pull documents from various repositories; is that correct? Yes. Which repository would the workspace be stored in? It could be stored in any repository. So, the storage of the workspace is not related to which repository it takes documents from; is that correct? Well, a workspace can take documents from many repositories. There's really nothing special about a workspace document, it's simply a document. So, anything that is true of any other document is true of workspaces as well. They are in some repository. In a typical implementation, they would be stored in local repositories so that they were guaranteed to be present on startup, but that's not a requirement." Lucas Depo. Tr. at 148:18-149:22.

3.

Claim 3 A method as in claim 2 Lucas Workscape describes a method in which a substream is generated that persists unless selectively in which said destroyed by a user. generating a substream comprises generating a See disclosure provided for claim element 13G in the '227 patent invalidity chart. (Ex. 25.) substream that persists unless selectively destroyed by a user.

23

'313 Patent Claim Language

Disclosure

Claim construction order:

4.

Lucas Workscape describes a method in which generating a substream comprises generating a live substream that collects new documents that are added to the main stream and meet criteria. See disclosure provided for claim element 13G in the '227 patent invalidity chart. (Ex. 25.)

9.

Lucas Workscape describes archiving documents received from diverse applications in different formats such that the archived documents can be searched for documents meeting selected criteria. See disclosure provided above for claim element 1C for support pertaining to automatic archiving. See disclosure provided above for claim element 1A for support pertaining to documents received from diverse applications in different formats. See "Support for generating a main stream" provided for claim element 13A in the '227 patent invalidity chart for support pertaining to searching archived documents for documents meeting selected criteria. (Ex. 25.)

A substream that persists = a substream that is dynamically updated. Claim 4 A method as in claim 3 in which said generating a substream comprises generating a live substream that collects new documents that are added to said main stream and meet said criteria. Claim 9 A method of automatically archiving documents received from diverse applications in different formats such that the archived documents can be searched for documents meeting selected criteria,

24

'313 Patent Claim Language comprising:

Disclosure

Claim construction order:

9A See disclosure provided above in claim element 1A.

Document = a data unit. receiving documents from diverse applications in formats that are specific to the respective applications and differ as between at least some of said applications;

Lucas Workscape describes receiving documents from diverse applications in formats that are specific to the respective applications and differ as between at least some of the applications.

Claim construction order:

9B

Lucas Workscape describes automatically associating time-based indicators with the documents received in the receiving step fro m the diverse applications. See disclosure provided above for claim element 1B.

Document = a data unit. automat ically associating time-based indicators with the documents received in the receiving step from the diverse applications;

Claim construction order:

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'313 Patent Claim Language

Disclosure

9C

Lucas Workscape describes archiving received documents with time-based indicators. See disclosure provided above for claim element 1C for support pertaining to automatically archiving the received documents. See disclosure provided above for claim element 1B for support pertaining to automatically associating the timebased indicators with the documents.

Document = a data unit. automat ically archiving the received documents together with said time-based indicators;

Claim construction order:

9D

Lucas Workscape describes selectively displaying at least some of the documents as a receding, foreshortened stack of partly overlapping documents so that only a part of each of the documents in the displayed stack, after the first document in the stack, is visible to the user. See disclosure provided above for claim element 1E.

Document = a data unit. select ively displaying at least some of said documents as a receding, foreshortened stack of partly overlapping documents so that only a part of each of said documents in the displayed stack, after the first document in the stack, is visible to the user; and

Claim construction order:

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Disclosure

9E See disclosure provided above for claim element 1F.

'313 Patent Claim Language Document = a document representation. said displaying further including displaying a cursor or pointer and responding to a user sliding the cursor or pointer over said displayed stack to display a glance view of the document in the stack that is currently touched by the cursor or pointer, wherein said glance view is an abbreviated version of the documents.

Lucas Workscape describes displaying a cursor and responding to a user sliding the cursor over the displayed stack to display the glance view of the document in the stack that is currently touched by the cursor or pointer.

Claim construction order:

Document (at 16:34) = a document representation.

10.

Document (at 16:36) = a data unit. Claim 10 A method as in claim Lucas Workscape describes a method of utilizing subsystems fro m at least one other operating system for 9, including utilizing operations including writing documents to storage media and input/output in archiving and displaying.

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Disclosure See disclosure provided above for claim 1. See disclosure provided for claim element 22A in the '227 patent invalidity chart for additional support pertaining to writing documents to storage media and archiving. (Ex. 25.)

'313 Patent Claim Language subsystems from at least one other operating system for operations including writing documents to storage media and input/output in said archiving and displaying.

Claim construction order:

11.

Lucas Workscape describes a method including selectively searching archived documents for documents meeting selected criteria. Lucas Workscape describes generating and displaying a substream comprising documents identified in searching. See disclosure provided for claim element 13A in the '227 patent invalidity chart for support pertaining to selective searching of archived documents (e.g. documents in repositories) and generat ing of substreams. (Ex. 25.) See disclosure provided for claim 15 in the '227 patent invalidity chart for support pertaining to displaying streams. Id.

Document = a data unit. Claim 11 A method as in claim 9 including selectively searching said archived documents for documents meeting selected criteria and generating and displaying a substream comprising documents identified in said searching,

Claim construction order:

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'313 Patent Claim Language Document = a data unit. Lucas Workscape describes a substream being in time order and comprising documents in different formats matching respective different applications from which the documents originated.

Disclosure

said substream being in time order and comprising documents in different formats matching respective different applications from which the documents originated.

See disclosure provided for claim element 13A in the '227 patent invalidity chart for support pertaining to a substream being in time order. (Ex. 25.) See disclosure provided above for claim element 1A for support pertaining to the documents in the stream being in different formats matching respective different applications from which the documents originated.

Claim construction order:

Document = a data unit.

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