Mirror Worlds, LLC v. Apple, Inc.

Filing 229

MOTION for Summary Judgment OF INVALIDITY OF US PATENT NO. 6,613,101 by Mirror Worlds Technologies, Inc.. (Attachments: #1 Affidavit Declaration of Alexander Solo in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Text of Proposed Order, #10 Affidavit Declaration of John Levy in Support, #11 Exhibit 1, #12 Exhibit 2)(Solo, Alexander) (Additional attachment(s) added on 7/2/2010: # 13 Text of Proposed Order) (sm, ).

Mirror Worlds, LLC v. Apple, Inc.

Doc. 229 Att. 12

EXHIBIT 2

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Claim Element 1 [a] A method for organizing and viewing information in a computer filing system having a display device and a first plurality of documents, said method comprising:

Preliminary Court's Prior Art Construction Nicol Nicol discloses a method and apparatus "for presenting help messages to a user in an interactive computer environment in which a help mode operates concurrently with other programs operating in the computer system. See Nicol, Abstract; see also, e.g., 2:15-21; 3:10-31; Figs. 1, 2.

Levine During the prosecution of U.S. Patent No. 6,243,724 ("the `724 patent"), which issued from the parent application of the `101 patent, the Examiner stated that "Levine shows a graphical document collection in an analogous art for the purpose of presenting documents." '724 patent Prosecution History, Office Action mailed 6/12/95, pp. 10-11 (APMW025565-66). 1 [b] displaying a graphical iconic representation of a collection of said first plurality of documents; "A graphical iconic representation of a collection of said first plurality of documents" was construed in the Court's preliminary claim construction order as "a collection of two or more document icons displayed together." D.I. 178. Nicol During the prosecution of the `724 patent, the Examiner stated that a "graphical iconic collection representation is shown in fig. 2 [of Nicol]." `724 Prosecution History, Office Action mailed 6/12/95, p. 10 (APMW025565) (emphasis in original). Nicol discloses two or more icons displayed together. For example, "the pencil icon 402 and the spray can icon 406 are icons which represent tasks that may be performed by a hypothetical program." See Nicol, 7:10-23; see also Figs. 2, 3.

Levine During the prosecution of the `724 patent, the Examiner stated that "Levine shows a graphical document collection in an analogous art for the purpose of presenting documents." '724 patent Prosecution History, Office Action mailed 6/12/95, pp. 10-11 (APMW025565-66). 1 [c] displaying a first indicia of a first document of said collection by selecting a first position from said graphical iconic representation, wherein said first position on said graphical iconic representation is capable of being at any one of a plurality of locations on said graphical iconic representation and wherein said selecting from said graphical iconic representation comprises positioning a cursor on said graphical iconic representation; and Nicol During the prosecution of the `724 patent, the Examiner stated that "[d]isplaying indicia of document by selecting position from representation is shown in fig. 2 [of Nicol]." `724 patent Prosecution History, Office Action mailed 6/12/95, p. 10 (APMW025565) (emphasis in original); see also, e.g., Nicol, 5:15. Nicol discloses a "system [that] displays the help information for a particular icon whenever the pointer is positioned over the icon." Nicol, 6:2328; see also, e.g., Nicol, 5:1-5. During the prosecution of the `724 patent, the Examiner also stated that displaying indicia of a document, "regardless of position on representation is shown in fig. 2 [of Nicol] in which help [message] is provided regardless of position." `724 patent Prosecution History, Office Action mailed 6/12/95, p. 10 (APMW025565) (emphasis in original); see also, e.g., Nicol, 5:1-5. Also, during prosecution of the `724 patent, Apple stated that Nicol discloses "the general concept of a graphical user interface wherein information regarding an icon may be retrieved by pointing a cursor at the icon." `724 patent Prosecution History, Appeal Brief, March 12, 1996, p. 32 (APMW-0025610). Nicol During the prosecution of the `724 patent, the Examiner rejected claim 84 (which is comparable to claim 1 of the `101 patent), stating that applying the display of indicia "to multiple

1 [d] displaying in series a second indicia of a second document and a third indicia of a third

document by positioning said cursor first on a second position on said graphical iconic representation next on a third position on said graphical iconic representation.

instances [is] inherent in the applied reference [i.e. Nicol]." `724 patent Prosecution History, Office Action mailed 6/12/95, p. 11 (APMW025566); see also, e.g., Nicol, 5:1-5; 9:17-44. Also, during the prosecution of the `724 patent, Apple stated that Nicol discloses "the general concept of a graphical user interface wherein information regarding an icon may be retrieved by pointing a cursor at the icon." `724 patent Prosecution History, Appeal Brief, March 12, 1996, p. 32 (APMW-0025610). Nicol During the prosecution of the `724 patent, the Examiner stated that "[c]oncurrent adjacent display of representation and indicia is shown in fig. 2 [of Nicol]." `724 patent Prosecution History, Office Action mailed 6/12/95, p. 10 (APMW025565) (bold added, italics in original); see also, e.g., Nicol, 9:11-44, Fig. 2. Nicol During the prosecution of the `724 patent, the Examiner stated that "[c]oncurrent adjacent display of representation and indicia is shown in fig. 2 [of Nicol]." `724 patent Prosecution History, Office Action mailed 6/12/95, p. 10 (APMW025565) (bold added, italics in original); see also, e.g., Nicol, 9:11-44, Fig. 2.

2. A method as in claim 1 wherein said indicia is displayed adjacent to said graphical iconic representation of said collection.

3. A method as in claim 1 wherein during said displaying in series said second indicia and said third indicia, said graphical iconic representation is concurrently displayed. 4. A method as in claim 3 wherein said second indicia is displayed adjacent to said graphical iconic representation and said third indicia is displayed adjacent to said graphical iconic representation.

Nicol During the prosecution of the `724 patent, the Examiner stated that "[c]oncurrent adjacent display of representation and indicia is shown in fig. 2 [of Nicol]." `724 patent Prosecution History, Office Action mailed 6/12/95, p. 10 (APMW025565) (bold added, italics in original); see also, e.g., Nicol, 9:11-44, Fig. 2.

5 [a] An apparatus for organizing and viewing information in a computer filing system having a display device and a first plurality of documents, said apparatus comprising: 5 [b] means for displaying a graphical iconic representation of a collection of said first plurality of documents; 5 [c] means for displaying a first indicia of a first document of said collection by selecting a first position from said graphical iconic representation, wherein said first position on said graphical iconic representation is capable of being at any one of a plurality of locations on said graphical iconic representation and wherein said selecting from said graphical iconic representation comprises positioning a cursor on said graphical iconic representation; and

See claim 1[a].

See claim 1[b]; see also, e.g., Nicol, 2:48-61; 3:22-40.

See claim 1[c]; see also, e.g., Nicol, 2:48-61; 3:22-40.

5 [d] means for displaying in series a second indicia of a second document and a third indicia of a third document by positioning said cursor first on a second position on said graphical iconic representation next on a third position on said graphical iconic representation. 6. An apparatus as in claim 5 wherein said indicia is displayed adjacent to said graphical iconic representation of said collection. 7. An apparatus as in claim 5 wherein during said displaying in series said second indicia and said third indicia, said graphical iconic representation is concurrently displayed. 8. An apparatus as in claim 7 wherein said second indicia is displayed adjacent to said graphical iconic representation and said third indicia is displayed adjacent to said graphical iconic representation. 9 [a]. A computer readable medium containing

See claim 1[d]; see also, e.g., Nicol, 2:48-61; 3:22-40.

See claim 2.

See claim 3.

See claim 4.

See claim 1[a].

executable computer program instructions which when executed by a computer system cause said computer system to perform a method for organizing and viewing information in a computer filing system having a display device and a first plurality of documents, said method comprising: 9 [b] displaying a graphical iconic representation of a collection of said first plurality of documents; 9 [c] displaying a first indicia of a first document of said collection by selecting a first position from said graphical iconic representation, wherein said first position on said graphical iconic representation is capable of being at any one of a plurality of locations on said graphical iconic representation and wherein said selecting from said graphical iconic representation comprises positioning a cursor on said graphical

See claim 1[b].

See claim 1[c].

iconic representation; and 9 [d] displaying in series a second indicia of a second document and a third indicia of a third document by positioning said cursor first on a second position on said graphical iconic representation next on a third position on said graphical iconic representation. 10. A computer readable medium as in claim 9 wherein said indicia is displayed adjacent to said graphical iconic representation of said collection. 11. A computer readable medium as in claim 9 wherein during said displaying in series said second indicia and said third indicia, said graphical iconic representation is concurrently displayed. 12. A computer readable medium as in claim 11 wherein said second indicia is displayed adjacent to said graphical iconic representation and said third indicia is displayed adjacent to

See claim 1[d].

See claim 2.

See claim 3.

See claim 4.

said graphical iconic representation.