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 27

Dockets.Justia.com

EXHIBIT 27

Invalidity of U.S. Pat. No. 6,725,427 As Disclosed by Lucas Workscape Disclosure In its infringement contentions and expert report on infringement, Mirror Worlds has applied 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 (computerhuman 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.)

'427 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:

'427 Patent Claim Language 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.)

Disclosure

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. Lucas Workscape describes a stream-based operating system that utilizes subsystems from another operating system running a computer. See disclosure provided for claim 1 in the '313 patent invalidity chart. (Ex. 26.)

1

Claim 1 A stream-based operating system utilizing subsystems from another operating system running a computer, comprising:

Claim construction order (Ex. 24):

Stream = a time-ordered 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.

Stream-based operating system = an operating system that is based on a time-ordered sequence of

2

'427 Patent Claim Language 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 computer operations (e.g. managing input/output, memory, applications, etc.) and presents an interface to the user. Lucas Workscape describes a document organizing facility receiving documents created by diverse applications in diverse formats specific to the respective applications. See disclosure provided for claim 13 in the '227 patent invalidity chart for support pertaining to a document organizing facility receiving documents. (Ex. 25.) See disclosure provided for claim 17 in the '227 patent invalidity chart for support pertaining to the documents being created by diverse applications in diverse formats specific to the respective applications. Id.

1A

a document organizing facility receiving documents created by diverse applications in diverse formats specific to the respective applications;

Claim construction order:

Document organization facility = software that organizes documents.

3

Disclosure

1B

Lucas Workscape describes a document organizing facility that automatically associates respective selected indicators with the received documents. See disclosure provided for claim element 1B in the '313 patent invalidity chart. (Ex. 26.) Lucas Workscape describes a document organizing facility that automatically archives the documents and indicators in consistent format for selective retrieval. See disclosure provided for claim 9 in the '313 patent invalidity chart. Id. Lucas Workscape describes a document organizing facility that automat ically creates informat ion specifying respective glance views of documents and respective document representations of documents. See disclosure provided for claim element 1D in the '313 patent invalidity chart. Id.

'427 Patent Claim Language Document = a data unit. said document organizing facility automatically associating respective selected indicators with the received documents, automatically archiving the documents and indicators in consistent format for selective retrieval, and automatically creating information specifying respective glance views of said documents and respective document representations of said documents;

Claim construction order:

Glance views = an abbreviated presentation of a document.

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

4

'427 Patent Claim Language Document representation = a graphical depiction of a document, or data unit.

Disclosure

1C

Lucas Workscape describes a display facilit y displaying at least selected document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part of each displayed document, after the first in the stack, is visible to a user. See disclosure provided for claim element 1E in the '313 patent invalidity chart. (Ex. 26.)

1D

Lucas Workscape describes a display facilit y displaying a cursor or pointer and responding to a user-controlled sliding of the cursor or pointer over the displayed stack to display a glance view of a document in the stack that is currently touched by the cursor or pointer. To the extent that Lucas Workscape does not disclose the "without 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"). See disclosure provided for claim element 1F in the '313 patent invalidity chart. (Ex. 26.)

Selected indicators = data structures that contain information relating to respective documents. a display facility displaying at least selected document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part of each displayed document representation, after the first in the stack, is visible to the user; said display facility further displaying a cursor or pointer and responding to user-controlled sliding without clicking of the cursor over said displayed stack to display a glance view of a document whose document

5

Disclosure

1E

Lucas Workscape describes a stream-based operating system utilizing subsystems from another operating system for operations including writing documents to storage media, interrupt handling and input/output. See disclosure provided for claim element 1G in the '313 patent invalidity chart. (Ex. 26.)

'427 Patent Claim Language representation is currently touched by the cursor or pointer; and said stream-based operating system utilizing subsystems from said another operating system for operations including writing documents to storage media, interrupt handling and input/output.

Claim construction order:

Interrupt = an external signal to a program or process that may cause the program or process to take some action.

2.

Lucas Workscape describes a stream-based operating system in which indicators are time-based. See disclosure provided for claim element 1B in the '313 patent invalidity chart. (Ex. 26.)

5.

Claim 2 A stream-based operating systems as in claim 1 in which said selected indicators are time-based. Claim 5 A stream-based operating system as in claim 1 in which said display of said glance view comprises an

Lucas Workscape describes a stream-based operating system in which the display of a glance view comprises an abbreviated version of the respective document. See disclosure provided for claim element 1D in the '313 patent invalidity chart. (Ex. 26.)

6

Disclosure

7.

Lucas Workscape describes a stream-based operating system in which display of a glance view can comprise important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document. Lucas Workscape describes that alternative versions of the content of files can be displayed, including through use of its document renderers, which draw a rectangle of the screen object associated with each document in a workspace and renders the interior of each screen object. See '330 patent at 5:42-57. Additionally, Lucas Workscape describes that the document representation can include an information sticker in which the displayed fields "depend on where the document came from." Moreover, "a tool" is available which can "automatically fill in certain fields of the information sticker." See '330 patent at 19:42-59. Furthermore, Lucas Workscape describes that document representation can be morphed into various forms by scripts. See CHI '94 Video at 11:30-12:00. Support · · "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. "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 creating 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

'427 Patent Claim Language abbreviated version of the respective document. Claim 7 A stream-based operating system as in claim 1 in which said display of a glance view comprises important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document.

Claim construction order:

Complex analysis = analysis of the content of a documents involving selection of important words, pictures, and/or sounds in the document.

7

'427 Patent Claim Language new document whenever the new document is displayed. The fields of the information sticker and their contents depend on where the document came from. The user can add or delete fields within the information sticker and edit them as needed. The user will typically add information to help find the document later. The user may alternatively fill in the fields by dragging the document over a tool which has been set up to automatically fill in certain fields of the information sticker." '330 patent at 19:42-59. · "Workscape documents are polymorphic, in that the contents of the documents are decoupled from the way in which it is rendered. For example, the sticker tab has a control which can morph the notes in dispensers into one of three forms, a generic note, a reminder note and a phone message form. Further, any Workscape document can be morphed into these forms simply by dropping it on the pad." CHI '94 Video at 11:3012:00.

Disclosure

8. See disclosure provided above for claim 1.

Claim 8 A controlling operating system utilizing subsystems from another operating system running a computer, comprising:

Lucas Workscape describes a controlling operating system ut ilizing subsystems from another operating system running a computer.

Claim construction order:

8A

Controlling operating system = an operating system that utilizes subsystems from another operating system. a document organizing facility receiving

Lucas Workscape describes a document organizing facility receiving documents from diverse applications in diverse formats specific to the respective applications.

8

Disclosure See disclosure provided above for claim element 1A. Lucas Workscape describes a document organizing facility that automatically associates selected indicators with the received documents. Lucas Workscape describes a document organizing facility that automatically archives the documents and indicators in consistent format for selective retrieval. Lucas Workscape describes a document organizing facility that automatically creates information specifying respective glance views of documents and respective document representations of documents. See disclosure provided above for claim element 1B.

8B

8C

'427 Patent Claim Language documents from diverse applications in diverse formats specific to the respective applications; said document organizing facility automatically associating selected indicators with the received documents, automatically archiving the documents and indicators in consistent format for selective retrieval, and automatically creating information specifying respective glance views of said documents and respective document representations of said documents; a display facility displaying at least selected ones of said document representations; Lucas Workscape describes a display facilit y displaying at least selected ones of the document representations. See disclosure provided above for claim element 1C. Lucas Workscape describes a display facilit y displaying a cursor or pointer and responding to a user-controlled sliding of 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. To the extent that Lucas Workscape does not disclose the "without clicking" element it would

8D

said display facility further displaying a cursor or pointer and responding to user-controlled sliding without clicking of the

9

Disclosure 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"). See disclosure provided above for claim element 1D.

8E

Lucas Workscape describes a controlling operating system utilizing subsystems from another operating system for operations including writing documents to storage media, interrupt handling and input/output. See disclosure provided above for claim element 1E.

9. See disclosure provided above for claim 2.

Lucas Workscape describes an operating system in which indicators are time-based.

10.

Lucas Workscape describes an operating system in which a display facility displays document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part of each but the first document representation in the displayed stack is visible to a user. See disclosure provided above for claim element 1C.

'427 Patent Claim Language cursor or pointer over the displayed document representations to display at least a glance view of a document whose document representation is currently touched by the cursor or pointer; and said controlling operating system utilizing subsystems from said another operating system for operations including writing documents to storage media, interrupt handling and input/output. Claim 9 An operating systems as in claim 8 in which said selected indicators are time-based. Claim 10 An operating system as in claim 8 in which said display facility displays said document representations as a receding, foreshortened stack of partly overlapping document representations such that

10

Disclosure

13. See disclosure provided above for claim 5.

Lucas Workscape describes a stream-based operating system in which the display of a glance view comprises an abbreviated version of the respective document.

15.

Lucas describes a stream-based operating system in which the display of a glance view can comprise important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document. See disclosure provided above for claim 7.

16.

Lucas Workscape describes a controlling operating system ut ilizing subsystems from another operating system running a computer. See disclosure provided above for claim 1. Lucas Workscape describes a document organizing facility associating selected indicators with received or created documents and creating information specifying glance views of the respective documents and information specifying document representations of the respective documents.

16A

'427 Patent Claim Language only a part each but the first document representation in the displayed stack is visible to a user. Claim 13 A stream-based operating system as in claim 8 in which said display of said glance view comprises an abbreviated version of the respective document. Claim 15 A stream-based operating system as in claim 8 in which said display of a glance view comprises important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document. Claim 16 A controlling operating system utilizing subsystems from another operating system running a computer, comprising: a document organizing facility associating selected indicators with

11

Disclosure See disclosure provided above for claim element 1B.

16B See disclosure provided above for claim element 1C.

'427 Patent Claim Language received or created documents and creating information specifying glance views of the respective documents and information specifying document representations of the respective documents; a display facility displaying at least selected ones of said document representations; Lucas Workscape describes a display facilit y displaying at least selected ones of said document representations. Lucas Workscape describes a display facilit y displaying a cursor or pointer and responding to a user sliding the cursor or pointer over a portion of a displayed document representation to display the glance view of the document whose document representation is touched by the cursor or pointer. To the extent that Lucas Workscape does not disclose the "without 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"). See disclosure provided above in claim element 1D.

16C

16D

said display facility further displaying a cursor or pointer and responding to a user sliding without clicking the cursor or pointer over a portion of a displayed document representation to display the glance view of the document whose document representation is touched by the cursor or pointer; and said controlling operating system utilizing subsystems from said another operating system

Lucas Workscape describes the controlling operating system utilizing subsystems from another operating system for operations including writing documents to storage media, interrupt handling and input/output.

12

Disclosure See disclosure provided above for claim element 1E.

17. See disclosure provided above for claim 2.

Lucas Workscape describes an operating system in which selected indicators are time-based.

18.

Lucas Workscape describes an operating system in which a display facility displays document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part of most document representations in the displayed stack is visible to a user. See disclosure provided for claim element 1E in the '313 patent invalidity chart. (Ex. 26.)

19.

Lucas Workscape describes an operating system in which a document organizing facility receives a document in formats specific to heterogeneous applications and creates information specifying glance views to enable display of the glance views in a consistent format. See disclosure provided above for claim element 1A. Also, see disclosure for claim element 1D in the '313 patent invalidity chart. (Ex. 26.)

'427 Patent Claim Language for operations including writing documents to storage media, interrupt handling and input/output. Claim 17 An operating systems as in claim 16 in which said selected indicators are time-based. Claim 18 An operating system as in claim 16 in which said display facility displays said document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part of most document representations in the displayed stack is visible to a user. Claim 19 An operating system as in claim 16 in which said document organizing facility receives said document in formats specific to heterogeneous applications and creates

13

Disclosure

22.

Lucas Workscape describes a stream-based operating system in which the display of a glance view comprises an abbreviated version of the respective document. See disclosure provided for claim element 1D in the '313 patent invalidity chart. (Ex. 26.)

24. See disclosure provided above for claim 7.

Lucas Workscape describes a stream-based operating system in which display of a glance view can comprise important words, pictures, and/or sounds of the respective document.

25.

Lucas Workscape describes a document stream operating system utilizing subsystems from another operating system running a computer. See disclosure provided above for claim 1.

'427 Patent Claim Language said information specifying said glance views to enable display of the glance views in a consistent format. Claim 22 A stream-based operating system as in claim 16 in which said display of said glance view comprises an abbreviated version of the respective document. Claim 24 A stream-based operating system as in claim 16 in which said display of a glance view comprises important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document. Claim 25 A document stream operating system utilizing subsystems from another operating system running a computer, comprising:

Claim construction order:

14

'427 Patent Claim Language

Disclosure

25A

Lucas Workscape describes a document organizing facility associating chronological indicators with documents received from diverse applications in diverse formats and creating information specifying glance views of the respective documents and information specifying document representations of respective documents. See disclosure provided for claim elements 1B and 1D in the '313 patent invalidity chart. (Ex. 26.)

Document stream operating system = an operating system that is based on a time-ordered 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. a document organizing facility associating chronological indicators with documents received from diverse applications in diverse formats and creating information specifying glance views of the respective documents and information specifying document representations of respective documents;

Claim construction order:

Chronological indicator = a data structure

15

'427 Patent Claim Language containing at least a timestamp.

Disclosure

Document organizing facility = software that organizes documents. Lucas Workscape describes a display facilit y displaying at least selected ones of document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part each document representation except the first one in the displayed stack is visible to a user. See disclosure provided above for claim element 1C.

25B

25C

Lucas Workscape describes a display facilit y 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. To the extent that Lucas Workscape does not disclose the "without 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"). See disclosure provided for claim element 1F in the '313 patent invalidity chart. (Ex. 26.)

a display facility displaying at least selected ones of said document representations as a receding, foreshortened stack of partly overlapping document representations such that only a part each document representation except the first one in the displayed stack is visible to a user; said display facility further displaying a cursor or pointer and responding to a user sliding without clicking the cursor or pointer over said displayed stack of document representations to display the glance view of the document whose document representation is currently touched by the

16

Disclosure

25D

Lucas Workscape describes a document stream operating system utilizing subsystems from another operating system for operations including writing documents to storage media, interrupt handling and input/output. See disclosure provided for claim 1G in the '313 patent invalidity chart. (Ex. 26.)

26.

Lucas Workscape describes a document operating system in which a document organizing facility associates chronological indicators with documents at the time of receipt or creation of said documents without requiring a user to name the documents. Lucas Workscape describes that its document organizing system handles email. See, e.g., '330 patent at 19:42-45. Email has a chronological indicator corresponding to the time the email message is received. Email received by a user is not required to be named by the user. Additionally, Lucas Workscape describes that the system generates "tag documents." These documents do not require a user to name them. Support for an email document having a chronological indicator corresponding to the time the email message is received and not requiring a name

'427 Patent Claim Language cursor; and said document stream operating system utilizing subsystems from said another operating system for operations including writing documents to storage media, interrupt handling and input/output. Claim 26 A document operating system as in claim 25 in which said document organizing facility associates said chronological indicators with documents at the time of receipt or creation of said documents without requiring a user to name the documents.

17

'427 Patent Claim Language

Disclosure

CHI '94 Video at 8:21. Support for without requiring a user to name documents · "Q. A. Did Workscape require users to name documents? No, certainly not. They allowed them to in most cases, but many documents, the yellow sticky notes, for example, did not have names." Lucas Depo. Tr. at 86:24-87:2.

·

Addit io nally, see e.g., Lucas Depo. Tr. at 166:6-9, 174:22-175:5.

29.

Lucas Workscape describes a stream-based operating system in which a display of a glance view comprises an abbreviated version of the respective document. See disclosure provided above for claim 5.

Claim 29 A stream-based operating system as in claim 25 in which said display of said glance view comprises an abbreviated version of the respective document.

18

Disclosure

31.

Lucas Workscape describes a stream-based operating system in which a display of a glance view comprises important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document. See disclosure provided above for claim 7.

'427 Patent Claim Language Claim 31 A stream-based operating system as in claim 25 in which said display of a glance view comprises important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document.

19

Disclosure

32.

Lucas Workscape describes a method of displaying heterogeneous documents from different applications in a receding, foreshortened stack of selected document representations of documents and providing a set of commands applicable to the document representations in the stack. Lucas Workscape further describes that its display shows command buttons that are responsive to user clicks to cause operations to be performed on the document that is displayed. For example, Figure 3 of the '330 patent discloses the tile and scroll tool 60 with a control button 70, with up arrow 72 and down arrow 74. See '330 patent at 10:52-11:5, Fig. 3, Fig. 10. See disclosure provided for claim element 1E in the '313 patent invalidity chart for support pertaining to displaying document representations in a receding, foreshortened stack of selected document representations of documents. See disclosure provided for claim 17 in the '227 patent invalidity chart for support pertaining to the documents being heterogeneous. (Ex. 25.) Additional Support · "The pile and scroll tool 60 is shown in FIG. 3. Pile and scroll has a U-shaped strand function 62, including a first pile 64 and a second pile 66. In the configuration shown, first pile 64 in FIG. 3 is on top of a tiled section 68, and second pile 66 is on the bottom of the tiled section 68. The system allows other configurations and orientations of the strand. Documents 68a, 68b, 68c, and 68d, are shown in the tiled section between piles 64 and 66, and are tiled parallel to the screen. The tile and scroll tool 60 in FIG. 3 has a control button 70, with up arrow 72 and down arrow 74. When the user brings the mouse cursor over up arrow 72 within the control button 70, and then clicks once on the mouse button, the tile and scroll tool 60 moves document 68a backwards into first pile 64, moves the documents 68b, 68c, and 68d upwards within the tiled documents 68, and brings forward a document from the second

'427 Patent Claim Language Claim 32 A method of displaying heterogenous documents from different applications in a receding, foreshortened stack of selected document representations of said documents and providing a set of commands applicable to the document representations in the stack, comprising:

20

'427 Patent Claim Language

Disclosure pile 66 to be displayed within the tiled section 68. If the user holds the mouse button down and does not release it while the mouse cursor is over the up arrow 72, multiple documents are continuously t iled into view from the second pile 66 until the mouse button is released." '330 patent at 10:52-11:5.

'330 patent at Fig. 3.

'330 patent at Fig. 10.

21

Disclosure Lucas Workscape describes first displaying document representations of documents received from different applications as a receding, foreshortened stack of partly overlapping document representations such that only a part of each of most document representations in the displayed stack is visible to the user. See disclosure provided for claim element 1E in the '313 patent invalidity chart. (Ex. 26.)

32A

32B See disclosure provided above for claim 2.

Lucas Workscape describes the stack being in a time order related to respective time-based indicators automatically associated with the documents at the time of receipt or creation thereof.

32C

Lucas Workscape describes displaying the stack of document representations and responding to touching a document representation in the stack with a user-operated cursor or pointer, to display a glance view of the document whose document representation is currently touched by the cursor or pointer. To the extent that Lucas Workscape does not disclose the "glance view being displayed while the displayed stack of document representations remains visible" 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"). See support provided for claim element 1F in the '313 patent invalidity chart. (Ex. 26.)

'427 Patent Claim Language first displaying document representations of said documents received from different applications as a receding, foreshortened stack of partly overlapping document representations such that only a part of each of most document representations in the displayed stack is visible to the user; said stack being in a time order related to respective time-based indicators automatically associated with the documents at the time of receipt or creation thereof; subsequent ly, while displaying the stack of document representations, responding automatically to touching a document representation in the stack with a user-operated cursor or pointer, without further action by the user, to display separately from the displayed stack of

22

Disclosure

32D

Lucas Workscape describes that concurrently with displaying a glance view, displaying in the same display a set of command buttons, which are responsive to user clicks to cause respective operations to be performed on the document whose glance view is displayed at the time. See disclosure provided for claim element 32 above.

33.

Lucas Workscape describes a method in which displaying of document representations comprises displaying at least the top line of each document whose document representation is displayed in the stack. Support

'427 Patent Claim Language document representations, a glance view of the document whose document representation is currently touched by the cursor or pointer, said glance view being displayed while the displayed stack of document representations remains visible; and concurrently with displaying said glance view, displaying in the same display a set of command buttons, said command buttons being responsive to user clicks to cause respective operations to be performed on the document whose glance view is displayed at the time. Claim 33 A method as in claim 32 in which said displaying of document representations comprises displaying at least the top line of each document

23

'427 Patent Claim Language whose document representation is displayed in the stack.

Disclosure

CHI '94 Video at 4:38. Lucas Workscape describes a method including visually identifying attributes of selected documents in the displayed stack of document representations by markings that are visible in the displayed stack, each marking being common to a class of documents. Lucas Workscape describes annotating or marking documents common to a class of documents. In particular, Lucas Workscape describes that emails received into the system could be tagged with "New" stickers. This marking visually identifies selected documents in the displayed stack of document representations. This marking is thus common to a class of documents (e.g., new email messages). Support · "The FIND tool placed a NEW tag on this email message, since it is one I haven't seen before." CHI '94 Video at 9:34-9:41.

34.

Claim 34 A method as in claim 32 including visually identifying attributes of selected documents in the displayed stack of document representations by markings that are visible in the displayed stack, each marking being common to a class of documents.

24

'427 Patent Claim Language "New" marking on new email messages

Disclosure

CHI '94 Video at 8:21. · "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 creating 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. The user can add or delete fields within the information sticker and edit them as needed. The user will typically add information to help find the document later. The user may alternatively fill in the fields by dragging the document over a tool which has been set up to automatically fill in certain fields of the information sticker." '330 patent at 19:42-59. "As an alternative to stapling information stickers to new documents, the system may use another means of annotation, such as making the new document a specific color, or writing text to an attribute or editable field of the new document." '330 patent at 19:63-67. "Documents may contain icons in order to make them more distinctive, but they never 25

·

·

'427 Patent Claim Language beco me iconified." CHI '94 Video at 6:08-6:15.

Disclosure

Ident ifies document common to a certain class of documents ·

CHI '94 Video at 4:27.

Addit io nally, see e.g., Lucas Depo. Tr. at 84:21-85:18.

37.

Lucas Workscape describes a stream-based operating system in which the display of a glance view comprises an abbreviated version of the respective document. See disclosure provided above for claim 5.

39.

Claim 37 A stream-based operating system as in claim 32 in which said display of said glance view comprises an abbreviated version of the respective document. Claim 39 A stream-based operating system as in claim 32 in which said display of a glance view comprises

Lucas Workscape describes a stream-based operating system in which a display of a glance view can comprise important words, pictures, and/or sounds of the respective document. See disclosure provided above for claim 7.

26

'427 Patent Claim Language important words, pictures, and/or sounds of the respective document resulting from complex analysis of the document.

Disclosure

27