Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 822

AMENDED ANSWER to Second Amended Answer, Defenses, and Counterclaims 517 Amended Complaint,,, COUNTERCLAIM against Eolas Technologies Incorporated by Staples, Inc.. (Attachments: # 1 Part 2 of 5, # 2 Part 3 of 5, # 3 Part 4 of 5, # 4 Part 5 of 5)(Richardson, Michael)

STAPLESO INC'OS SECOND AMENDED ANSWER,
DEFENSESO AND COUNTERCLAIMS

PART 3

OF

5

97

.

The "Viola stuff' folder included a printout of Doyle's message to Pei Wei on

August 31,1994, at approximately 1 1:36 p.m. California time, in which Doyle asked Pei Wei,
'oOut of curiosity, did you

supra

publicly demonstrate this or publish any results before 1994?"

See

I58.

98. The "Viola stuff' folder included a printout from the URL
<http:/ilvrvw.w3.ore/HistoV
>. This webpage has a heading for the
"\ryW-WWizardsWorkshop" "Cambridge, Mass, July 1993" and includes links to
"Announcement," "Agerrda," and "Photos of attendees."

99.

"WVWwizardsWorkshop" refers to the World-Wide Web Wizards Workshop

held in Cambridge, Massachusetts on July 28-30,1993, that Pei Wei attended. See supra TT 79-

91.

100.

The "Announcament" link links to a webpage at

<http://www.w3.org/History/1994lWWWtrVorkineNotes/1993_Workshop/Announcement.html>
that states that "Interactive objects" would be discussed at the Wizards workshop.

101.

The "Agenda" link links to a webpage at

<http://www.w3.org/History/1994llVW-WÌVorkingNotes/l993 Workshop/Aeenda.htmlì that
states that "Interactive objects" was on the agenda for discussion at the Wizards workshop.

102.

The webpages for the Wizards workshop corroborate Pei Wei's statement to

Doyle on August 21,7995, that the plotting demo described in the August l994Yiolapaper was
'oshown to a bunch

-

of attendees at the first Web Conference in Cambridge" "around August 93"

over one year before the application for the '906 patent was filed. See supral76.

30

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

-

of a webpage 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-2.1.2. 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 ViolaWWW browser. The "README" file states at the bottom:
Comments and questions:
Please send WWW specific bugs to [e-mail],
general comments to www-talk@.info.cern.ch, and anything to

wei@xcf. Berkeley.EDU.
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 that Pei \Mei had sent to

the publicly-accessible WWW-talk e-mail distribution list on February 25,1994, that included

the following statements:
The new ViolaWW-W is now available for ftp'ing. It's beta and
feedback is very welcomed. The README file follows...

Feb 23 1994

ViolaWWW, Version 3.0 Beta

ViolaWWW is an extensible World Wide Web hypermedia
browser for XWindows.

31

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 ptuff'folder included a printout from the URL

<http:llxcf.berkeley.edu/hlprojects/viola/>. The printout included the following statements:
ViolaW-WW, Version 3.1 Beta

i|y4ar

23 1994

ViolaWWW is an extensible World Wide Web hypermedia
browser for XWindows.

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

32

Source and binary can be found
Sparc binary is supplied.

inftp:l/ora.com/pub/wwdviola.

Pei Y. Wei ([e-mail])

O'Reilly & Associates, Inc.

108. The "Viola stuff' folder included a printout

from the URL

<http:/lxcf.berkeley.edu/ht/projects/viola/docs/viola/>. One of the files listed in the printout is
named "plotDemo.html".

109.

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

<http.,llxcf.berkeley.edulhlprojects/viola/docs/objs/>.

One of the files listed in the printout is

named "plot.v".
1

10.

The following is a screenshot of the ViolaWWW browser after parsing the file

plotDemo.html:

JJ

r,trèelÞtpritglql.['$érdndot,lDld]drüsrtórqrid.giv.qEjltf,iÉcarnçiã

11

1.

The files plotDemo.html and plot.v include code for the plotting demo described

in the August 1994 Yiola 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 piotting demo, it actually is really just

a front-end that fires up a back-end

plotting

program (and the point is lhatlhat 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-

34

end app could pass an X window ID to the back-end, and the back-end draws the graphics

directly onto the window violaWWW has opened for

lI4.

it."

See

supral6I.

Pei Wei had told Doyle on August 3I,1994, see supra fl 51, and againon August

21, 1995, see supra 17 6, that the plotting demo described in the August 1994 Yiola paper was
the "very one" demonstrated "to visitors from a certain computer manufacturer" by May 8, 1993.
1

15.

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 employees 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.

Il7.

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

information about a talk that Pei Wei gave at Stanford University in Northem California in
September 1994.

118.

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

WW\ry Browsers: Extensibility Issues
Pei Wei,

O'Reilly & Associates

Stanford Computer Forum WWW Workshop - September 20-

2t,lgg4

".r."rrb*fy

in \ü\ryW Browsers

The WorldWideWeb is apowerful medium which has many
applications beyond just publishing static documents. It is
35

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 "applications."

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

Possible Ways to Extend Browsers

We already do "extend" browsers with things like "external
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...

Work at O'Reilly & Associates: VIOLA-WWW

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.

36

II9.

There was no limitation, restriction or obligation of secrecy on anyone attending

the talk that Pei Wei gave at Stanford University in September 1994.

120.

The plotting demo described in the talk at Stanford University in September 1994

is the same plotting demo described in the August 1994 Yiola paper. See supra

121.

I

48.

Pei Wei had told Doyle on August 31,1994, see suprq fl 51, and again on August

27,1995, see supra f[76, that the plotting demo described in August lgg4Yiolapaper was the

"very one" demonstrated "to visitors from

122.

a certain computer

manufacturer" by May 8, 1993.

On information and belief, when Pei Wei referred to a demonstration

ooby

May

1993," he was referring to the demonstration of the plotting demo to two Sun Microsystems
-1

I

8,

employees that the Federal Circuit has held "was a public use under [35 U.S.C. $ 102(b)]." 399

F.3d 1325, 1335 (Fed. Cir. 2005).

I23.

Thus, during prosecution of the '906 patent, Doyle was repeatedly confronted

with evidence that the ViolaWWW browser was material prior art under 35 U.S.C. g 102(b), yet
Doyle never disclosed the ViolaWW'W browser to the Patent Office during prosecution

of

application number 081324,443, which matured into the'906 patent.

124.

On information and belief, the ViolaWWW browser, including the August 1994

Viola paper, was disclosed to Krueger in August of 1998, after the Notice of Allowance for the
'906 patent issued but before the '906 patent issued, when he received a fax containing a number
of references regarding the ViolaWWW browser.

I25.

On information and belief the fax sent to Krueger in August of 1998 was to allow

him to analyze whether the ViolaWWW browser, including the August Igg4Yiolapaper, should
be submitted to the Patent Office.

126.

On information and belief, Kruger was aware of Pei Wei's }rlay 1993

demonstration of the ViolaWW"W browser to Sun Microsystems employees without a

confidentiality agreements.

127.

On information and belief, Krueger considered Pei'Wei's statements regarding the

}l4ay 1993 demonstration of the ViolaWW-W browser to Sun Microsystems employees when he
analyzed whether to disclose the ViolaWWW browser to the Patent Office.

I28.

On information and belief, Krueger had no reason to disbelieve Pei Wei's

statements regarding the May 1993 demonstration of the ViolaWWW browser to Sun

Microsystems employees.

38