Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1384

RESPONSE in Opposition re 1367 MOTION for Judgment as a Matter of Law UNDER RULE 50(b) THAT THE ASSERTED CLAIMS OF THE PATENTS-IN-SUIT ARE NOT INVALID, OR IN THE ALTERNATIVE FOR A NEW TRIAL UNDER RULE 59 MOTION for Judgment as a Matter of Law UNDER RULE 50(b) THAT THE ASSERTED CLAIMS OF THE PATENTS-IN-SUIT ARE NOT INVALID, OR IN THE ALTERNATIVE FOR A NEW TRIAL UNDER RULE 59 filed by Amazon.com Inc., Google Inc., J.C. Penney Corporation, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Exhibit 1 - Phillips' Direct MediaView Demonstrative, # 2 Exhibit 2 - Phillips' Viola Chart Demonstrative, # 3 Exhibit 3 - Viola Type Demonstrative)(Doan, Jennifer) (Additional attachment(s) added on 3/30/2012: # 4 Text of Proposed Order) (gsg, ).

Exhibit 1

MediaView

I was nominated for Smithsonian award for MediaVi

I invented MediaView at Los Alamos in 1989

Transcript of the 1990 SIGGRAPH conference in Dallas

91 IEEE Article
JDX-005

1991 ACM Article
JDX-006

1991 Usenix Articl
JDX-007

Fall 1992 NEXTWORLD Article

1991
three articles
published
about MediaView
MediaView featured in
magazine as available for
free download

1992
MediaView CD publicly
available

O
’

emonstrates MediaView 2, which pre-dates Eolas Patent

MediaView was NOT considered
by the Patent Office

receiving …
executing …
responding …
displaying …
identifying …
utilizing …
automatically invok

1
2
3
4
5
6
7

CLIENT

distributed hypermedia document

SERVER

ethod for running an application program in a distributed hypermedi
ork environment, wherein the network environment comprises at le
client workstation and one network server coupled to the network
ironment, the method comprising:

CLIENT

Network File
System (NFS)

distributed hypermedia document

SERVER

iving, at the client workstation from the network server over the
ork environment, at least one file containing information to enable
ser application to display at least a portion of a distributed hyperme
ment within a browser-controlled window;

iving, at the client workstation from the network server over the
ork environment, at least one file containing information to enable
ser application to display at least a portion of a distributed hyperme
ment within a browser-controlled window;

1991 ACM Article: JDX 006

1991 IEEE Article:

iving, at the client workstation from the network server over the
ork environment, at least one file containing information to enable
ser application to display at least a portion of a distributed hyperme
ment within a browser-controlled window;

uting the browser application on the client workstation, with the
ser application:

diaView Hypermedia File Excerpt:

1991 ACM Article: JDX 006

onding to text formats to initiate processing specified by the text f

of the document

ontrolled window

laying at least a portion of the document within the browser-contr
ow;

ext format

iaView Hypermedia File Excerpt:

t on “embed text format”: coded information that specifies to a browser
cation that an object is to be embedded in a displayed hypermedia docum

tifying an embed text format which corresponds to a first location i
ment, where the embed text format specifies the location of at least
on of an object external to the file, where the object has type inform
ciated with it;

1991 Usenix Article

ation of MediaView “object” “corresponds to” location of
bedded text format”:

tifying an embed text format which corresponds to a first locatio
ment, where the embed text format specifies the location of at leas
on of an object external to the file, where the object has type inform
ciated with it;

1991 IEEE Article: JDX 005

tifying an embed text format which corresponds to a first location in
ment, where the embed text format specifies the location of at l
ion of an object external to the file, where the object has type info
ciated with it;

ation associated
thematica object

bed text format

iaView Hypermedia File Excerpt:

t on “object”: Text, images, sound files, video data, documents, and/or oth
of information that is presentable to a user of a computer system

tifying an embed text format which corresponds to a first location in
ment, where the embed text format specifies the location of at least
on of an object external to the file, where the object has type infor
ciated with it;

1991 IEEE Article: JDX 005

ing the type information to identify and locate an executable appli
rnal to the file; and

1991 Usenix Article:

matically invoking the executable application, in response
tifying of the embed text format, to execute on the client worksta
r to display the object and enable an end-user to directly interact
ct while the object is being displayed within a display area created
location within the portion of the hypermedia document being displ
rowser-controlled window.

matically invoking the executable application, in response
tifying of the embed text format, to execute on the client worksta
r to display the object and enable an end-user to directly interact
ct while the object is being displayed within a display area created
location within the portion of the hypermedia document being displ
rowser-controlled window.

1991 ACM Article: JDX 006

matically invoking the executable application, in response
tifying of the embed text format, to execute on the client worksta
r to display the object and enable an end-user to directly intera
object while the object is being displayed within a displa
ted at the first location within the portion of the hypermedia do
g displayed in the browser-controlled window.

matically invoking the executable application, in response
tifying of the embed text format, to execute on the client worksta
r to display the object and enable an end-user to directly intera
object while the object is being displayed within a displa
ted at the first location within the portion of the hypermedia do
g displayed in the browser-controlled window.

tically invoking the executable application, in response to the identifying of the embed text format, to
ute on the client workstation in order to display the object and enable an end-user to directly interact

the type information to identify and locate an executable application external to the file; and

ing an embed text format which corresponds to first location in the document, where the embed text
at specifies the location of at least portion of an object external to the file, where the object has type
mation associated with it;

ing at least portion of the document within the browser-controlled window;

ding to text formats to initiate processing specified by the text formats;

ng the browser application on the client workstation, with the browser application:

g, at the client workstation from the network server over the network environment, at least one file
aining information to enable browser application to display at least portion of distributed hypermedia
ment within browser-controlled window;

’985 Patent Claim 1

’985 Patent Claims: 1, 3, 10, 16,

’906 Patent Claims: 1, 6

evidence that satisfies ’985 Patent Claim 1 also satisfie
asserted claims:

1

7

6

5

4

3

2

2

7

6

4

5

ing the executable application, in
ntifying of the embed text format, to
nt workstation in order to display the

information to identify and locate
plication external to the file; and

bed text format which
rst location in the document,
text format specifies the
t portion of an object external to
object has type information
;

t portion of the document within
rolled window;

t formats to initiate processing
ext formats;

wser application on the client
the browser application:

ning an application program in
media network environment,
ork environment comprises at
orkstation and one network
the network environment, the
ng:
lient workstation from the
ver the network environment, at
taining information to enable
on to display at least portion of
edia document within browser;

Claim 1

HTML

Claim 3

Type
information
in embed
text format

Claim 10

Computer
Readable
Media

Claim 16

HTML
Tags

Computer
Readable
Media

Claim 18

Serving

Claim 20

HTML
Tags

Claim 22

’985 Patent

Distributed

Claim 36

Distributed

HTML
Tags

Claim 38

Distributed

Serving

Claim 40

Distributed
Applicatio

HTML
Tags

Serving

Claim 42

vious to combine MediaView with other browsers
CERN browser

1991 Usenix Article: J

oted in 1991 that including hyperlinking in
diaView was obvious:

ation associated
thematica object

bed text format

diaView Hypermedia File Excerpt:

1991 IEEE Articl

rt on “distributed application”: an application that is capable of being
en up and performed among two or more computers

m 36 & 40: … wherein the executable application is part of a
ributed application, and wherein at least a portion of the distri
ication is for execution on a remote network server coupled to t
ibuted hypermedia network environment.

atent

atent

atent

ing the executable application, in
ntifying of the embed text format, to
nt workstation in order to display the

information to identify and locate
plication external to the file; and

bed text format which
rst location in the document,
text format specifies the
t portion of an object external to
object has type information
;

t portion of the document within
rolled window;

t formats to initiate processing
ext formats;

wser application on the client
the browser application:

ning an application program in
media network environment,
ork environment comprises at
orkstation and one network
the network environment, the
ng:
lient workstation from the
ver the network environment, at
taining information to enable
on to display at least portion of
edia document within browser;

Claim 1

HTML
HTML
HTML

Claim 3

text forma
xt
xt format

Type
nformatio
mat
information
in embe
in embed

Claim 10

Computer
omputer
er
er
eadable
a ab
abl
Readable
Medi
Media
Media

Claim 16

HTML
ML
ML
Tags
Ta
Tags

Computer
omputer
te r
eadable
adab
ab
Readable
Media
Me
Media

Claim 18

Se vin
Serving
Serving

Claim 20

HTML
L
Tags
Tags
Tags
ag

Claim 22

’985 Patent

Distributed
Distributed
u te

Claim 36

Distributed
Distributed
u te

HTML
L
Tags
Tags
Tags
ag

Claim 38

Distributed
Distributed
u te

Se vin
Serving
Serving

Claim 40

Distributed
istributed
u te

HTML
L
Tags
Tags
Tags

Se vin
Serving
Serving

Claim 42

– Obvious to combine MediaView with CERN web browser

asserted claims are obvious based on MediaView

– Obvious to combine any of the prior art to fill any gaps

– Viola disclosed the claims more than one year before the patent was fil

sserted claims are anticipated or obvious based on Viola