Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1028

Staples, Inc.'s Third Amended Answer, Defenses and Counterclaims ANSWER to 891 Amended Complaint,, COUNTERCLAIM against All Plaintiffs by Staples, Inc.. (Attachments: # 1 Exhibit Third Amended Answer (pages 16-17), # 2 Exhibit Third Amended Answer (pages 18 - 27), # 3 Exhibit Third Amended Answer (pages 28 - 33), # 4 Exhibit Third Amended Answer (pages 34 - 48), # 5 Exhibit Third Amended Answer (pages 49 - 69))(Richardson, Michael)

103. The "Viola stuff' folder included a printout
code for viola-2.1.2, archived on September 2,1993

-

of

a

weþage with

a

link to the source

over one year before the application for

the '906 patent was filed.

104.

The "Viola stuff' folder included a printout of a webpage with the "README"

file for viola-2.I.2. The date at the top of the "README" file is July 27,1992. The
"README" file includes instructions for building the binary code for the "viola" program, and
instructions for running the ViolaWW-W browser. The "README" file states at the bottom:
Comments and questions:

WWW specific bugs to [e-mail],
general comments to www-talk@.info.cern.ch, and anything to
wei @xcf. B erkeley. EDU.
Please send

Pei

Y. Wei

[e-mail]

105. The "Viola stuff'folder

included a printout of a message that Pei Wei had sent to

the publicly-accessible WWW-talk e-mail distribution list on January 28,1994, that included the

following statements: "Right now, the ViolaWWW that is under development can embed viola
objects/applications inside of HTML documents."

106. The "Viola stuff' folder included a printout of a message
the publicly-accessible W"WW-talk e-mail distribution

that Pei Wei had sent to

list on February 25,1994, that included

the following statements:

The new ViolaWWW is now available for ftp'ing. It's beta and
feedback is very welcomed. The README file follows...

ViolaWWW, Version 3.0 Beta

Feb 23 1994

ViolaWWW is an extensible World V/ide Web hypermedia
browser for XWindows.

28

Notable features in the new ViolaWWW

* Embeddable in-document and in-toolbar programmable viola
objects. A document can embed mini viola applications (ie: a
chess board), or can cause mini apps to be placed in the toolbar.

Availability
Source and binary can be found in ftp://ora.com/pub/wwdviola.
Sparc binary is supplied.

Pei Y. Wei ([e-mail])
O'Reilly & Associates, Inc.

107.

The "Viola stuff' folder included a printout from the URL

<http:lkcf.berkeley.edu/hlprojects/viola/>. The printout included the following statements:
ViolaWW"W, Version 3.1 Beta

N4.ar

23 1994

ViolaW"W"W is an extensible World Wide Web hypermedia
browser for XV/indows.

Notable features in the new ViolaW"WW

* Embeddable in-document and in-toolbar programmable viola
objects. A document can embed mini viola applications (ie: a
chess board), or can cause mini apps to be placed in the toolbar.

Availability

29

Source and binary ca¡r be found
Sparc binary is supplied.

n

ftp:l / ara.com/pub/wwdviola.

Pei Y. Wei ([e-mail])
O'Reilly & Associates, Inc.

108.

The "Viola stuff'folder included a printout from the URL

<htþ://xcf.berkeley.edu/htlprojects/viola/docs/vio1aÞ.

One of the files listed in the printout is

named'þlotDemo.html".

109. The "Viola stuff' folder included a printout from the URL
<http:llxcf.berkeley.edulhUprojects/viola/docs/objs/>. One of the files listed in theprintout is
narrred

"plot.v".

110. The following

is a sereenshot of the ViolaWWW browser after parsing the file

plotDemo.html:

30

111. The files plotDemo.html

and

plot.v include code for the plotting demo described

in the August 1994 Viola paper.

ll2.

The file plotDemo.html specifies the location of the file plot.v, which in turn

specifies the location of a separate executable application named vplot.

113.

Pei Wei had told Doyle on August 31,1994 how the plotting demo worked:

"[A]s for the plotting demo, it actually is really just a front-end that fires up a back-end plotting
program (and the point is that that back-end could very well be running on a remote super
computer instead of the localhost). For that demo, there is a simple protocol such that the front-

31

X window ID to the back-end, and the back-end draws the graphics

end app could pass an

directly onto the window violaWWW has opened for

it."

See

supral6l.

114. Pei Wei had told Doyle on August 31,1994, see supra fl 51, and agatn on August
2I,

1995, see supra

176, that the plotting demo described in the August l994Yiola paper was

the "very one" demonstrated "to visitors from a certain computer manufacfurer" by May 8, 1993.

115. When Pei Wei referred to a demonstration

"by May 8,1993," he was referring to

the demonstration of the plotting demo to two Sun Microsystems ernployees that the Federal

Circuit has held "was

a

public use under [35 U.S.C. $ 102(b)]." 399 F.3d 1325, 1335 (Fed. Cir.

200s).

116.

Thus, during prosecution of the '906 patent, Doyle knew about Pei Wei's

demonstration of the plotting demo that the Federal Circuit has held was a "public use" under 35

U.S.C. $ 102(b); Doyle knew how the plotting demo worked; and Doyle had access to the code
for that plotting demo.

117.

During prosecution of the '906 patent, Doyle printed webpages containing

information about a talk that Pei Wei gave at Stanford University in Northern California in
Septernber 1994.

118.

The webpages that Doyle printed included the following statements and graphic:

WWW Browsers: Extensibility
Pei \üei, O'ReiIly

Issues

& Associates

Stanford Computer Forum WWW Workshop - September 2021,1994

Extensibility in WWW Browsers
The WorldWideV/eb is apowerful medium which has many
applications beyond just publishing static documents. It is
32

certainly an interface to the space of "documents." But already,
with established features such as input-forms and server-side
scripting, we see that the web is also increasingly becoming an
interface to the space of what is traditionally called ooapplications."

úr this talk I'11 describe a few possible approaches for a browser to
gain more flexibility, and to briefly describe one particular
approach as implønented by a system known as ViolaWWW.

Possible Ways to Extend Browsers

We already do "extend" browsers with things like "extemal
viewers." But there's not a very good integration with the
browser. Ideally those external viewers should be rendering inplace inside the document and be working together with the
browser, be tightly integrated with the browser and other parts...

\ilork

at O'ReiIly & Associates: YIOLA-W\üW

This is the Viola system that is being developed at O'Reilly and
Associates. This system has the following interesting
characteristics:

Three, program objects can be embedded into documents and the
toolbar. . . .

The next example is a front-end application to a backend. And the
back-end is what actually does the computation and the drawing.

33