Eolas Technologies Incorporated v. Adobe Systems Incorporated et al
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
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
publicly demonstrate this or publish any results before 1994?"
98. The "Viola stuff' folder included a printout from the URL
. This webpage has a heading for the
"\ryW-WWizardsWorkshop" "Cambridge, Mass, July 1993" and includes links to
"Announcement," "Agerrda," and "Photos of attendees."
"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-
The "Announcament" link links to a webpage at
that states that "Interactive objects" would be discussed at the Wizards workshop.
The "Agenda" link links to a webpage at
. The printout included the following statements:
ViolaW-WW, Version 3.1 Beta
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.
Source and binary can be found
Sparc binary is supplied.
Pei Y. Wei (firstname.lastname@example.org)
O'Reilly & Associates, Inc.
108. The "Viola stuff' folder included a printout
from the URL
. One of the files listed in the printout is
The "Viola stuff' folder included a printout from the URL
One of the files listed in the printout is
The following is a screenshot of the ViolaWWW browser after parsing the file
The files plotDemo.html and plot.v include code for the plotting demo described
in the August 1994 Yiola paper.
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.
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
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-
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
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.
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
public use under [35 U.S.C. $ 102(b)]." 399 F.3d 1325, 1335 (Fed. Cir.
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.
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
The webpages that Doyle printed included the following statements and graphic:
WW\ry Browsers: Extensibility Issues
O'Reilly & Associates
Stanford Computer Forum WWW Workshop - September 20-
in \ü\ryW Browsers
The WorldWideWeb is apowerful medium which has many
applications beyond just publishing static documents. It is
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
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.
There was no limitation, restriction or obligation of secrecy on anyone attending
the talk that Pei Wei gave at Stanford University in September 1994.
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
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
a certain computer
manufacturer" by May 8, 1993.
On information and belief, when Pei Wei referred to a demonstration
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. 2005).
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
application number 081324,443, which matured into the'906 patent.
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.
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.
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
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.
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
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