Anascape, Ltd v. Microsoft Corp. et al

Filing 205

Joint MOTION for Partial Summary Judgment of Invalidity of Claims 19-20, 22-23 of the '700 Patent by Microsoft Corp..Responses due by 3/10/2008 (Attachments: # 1 Text of Proposed Order Granting Defendants' Joint Motion for Partial Summary Judgment of Invalidity of Claims 19-20, 22-23, of the '700 patent# 2 Affidavit of Stephen Bristow# 3 Affidavit of Ashley Fogerty# 4 Appendix Vol. 1 of 4# 5 Appendix Vol. 2 of 4# 6 Appendix Vol. 3 of 4# 7 Appendix Vol. 4 of 4)(Vandenberg, John)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 205 Att. 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA, INC., Defendants. § § § § § § § § § §

Hon. Ron Clark Civil Action No. 9:06-CV-00158-RC

Oral Argument Requested

DEFENDANTS' JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT OF INVALIDITY OF CLAIMS 19-20, 22-23 OF THE `700 PATENT

APPENDIX ­ VOLUME 2 OF 4

A126-A150

A151-A152

A153-A155

A156 A157-A159 A160-A162 A163-A175 A176 A177-A217

European Patent Application EP 0 867 212 A1, dated (publication) September 30, 1998. Press Release: "PlayStation2 Accessories; New Digital Analog Controller 'Dual Shock' 2; Large Capacity Memory Card Unveiled," dated September 13, 1999. Cover and Article from November 1999 US Official PlayStation Magazine "Two-rific: After months of speculation and eager anticipation, PlayStation 2 is finally here." Copyright Registration form for PSM 100% Independent Play Station Magazine. Excerpts from Anascape's Objections and Responses to Microsoft's First Set of Interrogatories. Excerpts from Anascape's Objection and Responses to Microsoft's Third Set of Interrogatories. Excerpts from the October 4, 2001 deposition of Mr. Brian Carlson, in this action. Letter from McKool Smith dated November 20, 2007. Excerpts form the Expert Witness Report of Steven Bristow, dated February 11, 2008.

Dockets.Justia.com

A218-A223

Excerpted claim charts submitted in Microsoft's Request for Reexamination of US Patent 6,906,700, dated May 4, 2007.

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\
72 of 185 DOCUENS

Copyright 1999 Busines~ Wire, Inc.
Business Wire.
Septemer 13. 1999, Mo?day
DISTRIBUTlONr Entertainment Editors/High-Tech Writers
LENGTH: 442 words

HEALINE, PlayStation2 Accessories; New Digital Analog Controller 'Dual Shock' 2;
Large Capacity Memory Card Unveiled
DATELINE: TOKYO
BODY;

NOTE,TO MEDIA: Photo available on BW PhotoWire/AP PhotoExpress, PressLink and on BusinesG Wire's web site at ww.businesswire.com
Sept. 13, 1999--Sony Computer Entertainment Inc. announced the release of two new accessories for iis revolutionary computer entertainment system,

PlayStation (R) 2.

\.

.' Pr:oduct Name:

" Dual- Shock"Z Analog Controller SCPH - 10020

Price: Available:
Suggested

Suggest Retail

3.500 Yen (tax not included)
March 4, 2000 Memory Card (8MB) SCPH - 10010

Product Name:

Retail Price:
Available ~

3,500 Yen (tax not included)
March 4:. :WOO

With the exception of the "start" and "select" buttons, all the functions of the "Dual Shock"2 are analog, making for a wider variety of user operations and a more compelling interactive experience. The "Dual Shock"2 is also backward compatible with all PlayStation software supporting the original "Dual Shock" analog controller.
The new meinory card has a storage capacity. of 8MB of data, and a data transfer rate up to 250 times faster than the current memory card. In the interests of data security for potential future network applications, the memory card incorporates the authentication and encrytion security system, "MaaicGate _ "

Sony Computer Entertainment America, a division of Sony Comuter
Entertainment America Ine -, markets the PlayS

distribution in North America, develops and publishes software for the

tat ion game console for PlayStation game console, and manages the U. S. thj rd party licensing program.
Visit us on the Web at http://ww.playstation.com

Based in Foster Ci ty, Calif.. Sony Comuter Entertainment America Inc. is a wholly-owned subsidiary of Sony Computer Entertainment Inc.

SCEA 00796
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Business Wire, September 13, 1999

Note to Editors: Two PlayStation(R)2 hardware photos (both vertical and horizontal views), are available at URI.: http://ww.businesswire..com/cgi bin/photo.cgi?pw.091399/bw2 Please contact Samantha Sackin at 213/489-8246 to secure high resolution photos.

CONTACT: Sony Computer Entertainmnt Molly Smith, 650/655-6044
molly smith~laystation. sûny. com

or - , ,

Fleishman-Hillard
Samantha Sackin, 213/489-8246 sackinB~fleishmn. com
Today's News On The Net - Business Wire's full file on the Internet
with Hyperlinks to your home page.

URL: http://ww.business~ire.com
LOAD-DATE; September 14, 1999

, ~-. ,

)

SCEA 00797
Appendix to Defendants' Joint MSJ, 9:06-CV-00158-RC Page A152

\

'"

~ vi i '. '1 ii
.c 0' u

2'1 I PiãyftaUo~and the PlayStation logos are registered trademarks of Sony Computer Entertainm~i1t Itlc,

~ '~ IiiI rd ~ : ' \ ~ . ," - í

=-\ Licensed by Sony Computer Entertainment America. ¡ o L ~ 0 14024 06968 14

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CONTROLLER PORTS
Only two? Sure, it se~ms an oversight, but don't worry-Sony will have a multitap peripheral out for
the system.

.

I
¡ i i

After months of speculation and eager anticipation, PiayStation2 is finally here

CARD SLOTS

MEMORY

In order to differentiate between current
and next-generation titles, Sony has opted

PACKAGING

NEW

for a DVD-style package for PS2 games. Also, PS2 CD-ROM discs will have a blue
tint, replacing the infamous black CDs of

the current ps. However, DVD PiayStation2 software will appear in the
more traditional silver.

Often referred to as "Firewire:' this port allows for very high-speed transfers of data. Can also be used as an input for components like digital video cameras

and audio devices.

ÙSB
Boasting a beefy 8 megabyte capacity, the
new Memory Card can transfer data at 250 times the speed of the current card (which
has only 256K of memory). Additional

PORTS
These could be used for anything
from joysticks and other peripherals
to Zip drives and other storage

devices; many recent PCs are
equipped with these same ports.

Memory Cards will sell for 3,500 yen
(roughly $33).

Appendix to Defendants' Joint MSJ, 9:06-CV-00158-RC

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. .

took the wraps off its next-generation game cons 13, at as we learned, the PlayStation2 finally On Sept,ole, Buta press event in Tokyo, Sony is much more than just a console. With the ability to play DVD movies out of the box, as well as numerous connectivity options, the PS2 looks to be a true centerpiece of a home

The system wil go on sale on March 4, 2000, in Japan for 39,800 yen (roughly $370)-which is the exact same price the original system launched at. The box wil include the PS2 hardware, powér cables, a PS2 demo CD, and a new Memory Card and Dual Shock 2 controller, The PS2 is
scheduled to launch in North America in the fall of 2000, but more details of the U,S, launch aren't expected until next year's E3 show, By the year 20m Sony plans on expanding the capabili-

entertainment system-a" computer entertainment system" for the next millennium,

In line with this expanded role, Sony has radically reinvented the look of the PlayStation2, The design-spearheaded by Teiyu Goto, who was also responsible for Sony's innovative Viao line of computers-is sleek yet subdued,

ties of the PS2, including mass storage devices and cable modems, In the next two years Sony wil devote a lot of
time and resources to developing encryption techniques to
protect intellectual properties, Sony will also focus on cre-

familiar yet unlike any current console or PC, Gone is the
gray box, replaced by a streamlined "Space Black" supermachine, the color of which is meant to evoke the infinite possibilities of space, You'll also notice the rich blue in the

ating interfaces and environment ideas that wil drive the new technology, In the more immediate future, the next major PS2 event
should be just before the system goes on sale in March;

logo and the vertical stand, symbolic of water and Earth, Once again, Sony stressed the backward compatibility of the PS2, With 60 milion PlayStation owners and 3,000 PS titles available throughout the world, Sony sees this as an important asset to current PS owners as well as to developers and publishers,

Sony is planning an event in February, when they'll release
more details of their software lineup,

Prepare yourself for (in the words of Sony Computer
Entertainment CEO Kaz Hirai) "the most advanced

computer entertainment system ever created,"

0' 0' 0'

'"

.Q) .
Labeled as the "PC
E
Q)

Card" slot, this is where
the PS2. can hook up to networking devices (like cable mQdems) or high
capacity storage devices

Z

o

;:

like hard drives,

CORD PLUG

POWER

vi

::
"(J

-r

OPTICAL
D I .G I TAL
Designed specifically to allow for
decoding of Dolby Digital and DTX

POWER SWITCH

~ o

OUTPUT

surround sound, allowing you to
effortlessly. plug your PS2 into your

C;%t"S~;"T:æ'A~'N~W~D

home theater system,

Sold separately, these two wedges
allow the PS2 to stand on its end to
save space, much like tower PCs and graphics workstations,

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INTERROGATORY NO. 16: Identify each Asserted Patent that Anascape contends does not include at least one claim covering the Sony DUALSHOCK 2 Controller or use thereof. RESPONSE: In addition to the foregoing General Objections, Anascape objects to this interrogatory on the ground that it seeks information protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege or protective doctrine. Anascape further objects to this Interrogatory to the extent that Anascape does not have sufficient information or knowledge to respond to this Interrogatory. Anascape objects to this Interrogatory as premature as the Court has not yet issued its Claim Construction Order. Subject to and without waiving these specific objections and its general objections, Anascape responds as follows: During licensing negotiations with Sony, Anascape asserted that the DUALSHOCK 2 controller was covered by at least one claim of the '084, '802, '886, '525, and '991 patents. SUPPLEMENTAL RESPONSE: Subject to and without waiving the specific objections and its general objections, Anascape responds as follows: The Sony DUALSHOCK 2 controller is covered by at least one claim of each of the '084, '802, '886, '525, '991, and '700 patents. INTERROGATORY NO. 17: For each product identified in Anascape's responses to Nintendo's Interrogatory No. 5, identify the dates such product was made, sold, licensed, offered for sale, and/or offered for license in the United States and the persons or entities to whom such product or service was
ANASCAPE, LTD.'S SECOND SUPPLEMENTAL OBJECTIONS AND RESPONSES TO MICROSOFT CORP.'S FIRST SET OF INTERROGATORIES (NOS. 15-19, 23 & 25)
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RESPONSE: Anascape objects to this Request as premature because the Court has not yet issued its Claim Construction Order. One or more claim construction issues to be decided by the Court may affect Anascape's response to this Request. Anascape further objects to the term "Sony" as overly broad and encompassing third-party products, such that Anascape does not have sufficient information to admit or deny the request. Subject to the foregoing general and specific

objections, Anascape responds as follows: Anascape admits that, during licensing negotiations with Sony, it asserted that the DUALSHOCK 2 controller was covered by at least one claim of the '525 patent. SUPPLEMENTAL RESPONSE: Subject to the foregoing general and specific objections, Anascape responds as follows: Admitted. REQUEST FOR ADMISSION NO. 26 Admit that Sony has made, sold, or offered for sale a product that is covered, or use of which is covered, by at least one claim of the '700 patent. RESPONSE: Anascape objects to this Request as premature because the Court has not yet issued its Claim Construction Order. One or more claim construction issues to be decided by the Court may affect Anascape's response to this Request. Anascape further objects to the term "Sony" as overly broad and encompassing third-party products, such that Anascape does not have sufficient information to admit or deny the request. Subject to the foregoing general and specific

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objections, Anascape responds as follows: Anascape does not have sufficient information to admit or deny this Request. SUPPLEMENTAL RESPONSE: Subject to the foregoing general and specific objections, Anascape responds as follows: Admitted.

PAGE 14
Dallas 248974v1

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II. OBJECTIONS AND RESPONSES INTERROGATORY NO. 28: Please identify, on a claim-by-claim basis, any and all controllers made, developed or modified by or on behalf of Brad Armstrong, Global Devices, Extreme 6DOF Controllers, Anascape, or any other Anascape-Related Company that practices any claimed invention of the Asserted Patents or any Related Patent. Please include in your response, on a claim-by-claim basis, the identity of such controller, its model number or other unique identifier(s), its date of development and first manufacture, as well as the first dates for any public use, disclosure (including, but not limited to, the alleged 1997 disclosures to Nintendo, Mitsumi, and Alps, and the alleged 1999 disclosure to Microsoft set forth in Anascape's response to Nintendo of America Inc.'s First Set of Interrogatories, Interrogatory No. 3), commercial use, offer for sale, or sale, as well as the identity of all persons involved in such public use, disclosure, commercial use, offer for sale, or sale. If for any individual claim of the Asserted Patents or any Related Patent, no such controller(s) exist, please so state. RESPONSE: In addition to the foregoing General Objections, Anascape objects to this Interrogatory as overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Anascape further objects to this interrogatory on the ground that it seeks information protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege or protective doctrine. Anascape also objects to this interrogatory as a premature contention

interrogatory. To the extent this interrogatory calls for information that is the proper subject of
ANASCAPE, LTD.'S OBJECTIONS AND RESPONSES TO MICROSOFT CORP.'S THIRD SET OF INTERROGATORIES (NO. 28)
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expert testimony, Anascape objects that the interrogatory is premature. Subject to and without waiving these specific objections and its general objections, Anascape responds as follows: See Anascape's Preliminary Infringement Contentions. Two of the prototypes that Anascape has made available for inspection ­ and have been inspected by counsel for Microsoft and Nintendo ­ practice the asserted claims. Specifically, the two game controllers modified by Mr. Armstrong to include analog buttons practice or can be used to practice at least claims 1-6, 9, 12-17 of the '802 patent, claim 7 of the '886 patent, and claims 1, 3, 6-8, 11-12, 16, 18, 19, 23-25, 28-30, 32-35, 40, 43, and 70-73 of the '991 patent. These two prototype controllers pictured in at least the following photographs: MS-ANAS159602 and MSANAS159622. Other controllers may have been made, developed or modified by or on behalf of Brad Armstrong, Global Devices, Extreme 6DOF Controllers, or Anascape, that practice the claimed inventions of the Asserted Patents or any Related Patent. Anascape is unaware of any dates the controllers were developed or manufactured. Anascape demonstrated at least one controller to Microsoft on May 5, 1999, involving Brad Armstrong, Todd Holmdahl, and one other Microsoft employee. See also Anascape's response to Nintendo's Interrogatory No. 3. Anascape is unaware of any other dates of any public use, disclosure, commercial use, offer for sale, or sale, or the identity of all persons involved in such public use, disclosure, commercial use, offer for sale, or sale prior to the filing dates of any of the patents-in-suit.

ANASCAPE, LTD.'S OBJECTIONS AND RESPONSES TO MICROSOFT CORP.'S THIRD SET OF INTERROGATORIES (NO. 28)
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BRIAN CARLSON October 4,2007

Page i
1

2 3

IN THE U. S. DISTRICT COURT EASTERN DISTRICT OF TEXAS

- -000-ANASCAPE, LTD.,
)

4
5 6 7
8

Plaintiff,
vs.
MICROSOFT CORPORATION and NINTENDO

)
)

) Case No. ) 9: 06cv-158-RC
)
) ) )

OF AMERICA, INC.,

Defendants.
9

) )

10 11 12 13 14

DEPOSITION OF BRIAN CARLSON

16 17 18 19 20 REPORTED BY: ELIZABETH A. WILLIS RPR, CSR 12155

15 (Pages 1 - 171)
(01-400713)

Thursday, October 4, 2007

21 22 23 24 25

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BRIAN CARLSON October 4,2007
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1

Q.

Okay. How about with respect to Microsoft and

2 Nintendo - - have you or Mr. Armstrong made a

3 determination that they manufacture or sell any
4 controllers that would not infringe the 700 patent?
5 6 7
8

A.
Q.

I am not sure. I don l t ~ - I don't know.
How about with respect to the 525 patent?
I am not sure about that either.

A.
Q.

I would like to mark as, I believe, Exhibit 102

9 a document from a portion of the prosecution history
10 file of the - - of the 700 patent.

11 (Exhibi t No. 102 was marked for

12 identification.)
13 BY MR. JAKUBEK:
14
Q.

You could take your time reviewing it,

15 Mr. Carlson, but my first question is going to be, do

16 you recognize this portion of the 700 patent prosecution

17 file?
18

A.

I don't recall the' serial number of the 700

19 application. Is this the 700?
20
Q.

Yes.
532.
Yes. And for the record, the serial number for

21
22

A.
Q.

23 the 700 application is 09/715,532. So the specific
24 question is, do you recognize this portion of the 700

25 patent prosecution file?
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BRIAN CARLSON October 4,2007
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1

A.

I -- you know, it looks like part of the 700

2 prosecution. Yes, sir.
3

If you could turn to - - on the top there are 4 page numbers. It is page 5 on the top of the page.
Q.
5
6

A.
Q.

Okay.

I t says - - there is a heading that says,

7 "Amendment to the claims." Do you see that?
8 9

A.
Q.

Yes, sir. Okay. And it says, "Please cancel claims 1 to

10 38." Do you see that?

1 1 A. I do.

12 Q. And then it says, "Then please insert the
13 following new," and there is a blank there. It says, 14 "Then examine all pending claims in view of all the
15 public prior art and find that the claims are allowable.

16 Thank you." Do you see that?
17

A.
Q.

I do.

18

And then it appears that this is a preliminary

19 amendment that adds application claims 39, I believe,
20 through 77. Do you see that?
21
22
A.
Q.

Yes, sir.
Okay. Were you involved in preparing this --

23 any part of this document?
24 25
A.
Q.

Yes, sir. Okay. Do you recall specifically which parts
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BRIAN CARLSON October 4,2007
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1 that you prepared or what your involvement was?
2

A.

I would have typed up this first page. Is that

3 a transmittal form? I would have set up page 1. I
4 would have set up page 2 and calculated the fees. I
5 would have typed and worked with Mr. Armstrong on page 3

6 and 4. I would have helped him with all of this.
7

Q.

Okay. And what kind of help did you give him
These starter pages and then when he got to the

8 with this?
9

A.

10 claims he would sit and dictate the words and I would 11 type them for him.
12
Q.

Okay. And, again, did you make any specific

13 suggestions or add any of this particular claim
14 language?
15

A.

I am sure I made specific suggestions,

16 probably.
17
18
Q.

Do you recall any of those suggestions?

A.

No, but if he was rolling along fairly good and

19 he would get stuck and he would be hemming and hawing I

20 might throw out a word or a series of words, hopefully
21 to hit on something he liked so we could get moving

22 again.
23
Q.

Do you recall any particular words you might

24 have suggested in any of these claims?
25
A.

No, sir.
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BRIAN CARLSON October 4,2007
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1

Q.

DO you specifically recall Mr. Armstrong

2 dictating these claims to you?
3

A.

I remember that he did dictate these very

4 you know, that he dictated these. He had a really solid
5 idea of what he wanted for claims and I didn't want to

6 get in his way. He knew what he wanted to write and I

7 typed as he dictated. If he stumbled a little bit I
8 would throw out words and he would either agree or not

9 agree and we would move forward.
10
Q.

Okay. Do you know what his basis was for his

11 solid ideas as to what type of - - why he wanted these

12 particular claims?
13

A.

He was trying to cover as many controllers as

14 he possibly could wi thin the boundaries of his

15 specification.
16
Q.

Okay. When you say, "cover as many

1 7 controllers," you mean the claims covering the
18 controllers of third-party companies i is that correct?

19

A.

First party, third party - - it doesn't really

20 matter.
21
Q.

Okay. Was he trying to have claims that would

22 cover products made by Microsoft?
23

A.
Q.

I am sure he was, yes. Yes, sir.
Did he tell you that?
I think he did.

24

25

A.

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BRIAN CARLSON October 4,2007
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1

Q.

Okay. How about - - was he trying to draft
I don't think so. I think - - I am not sure.

2 claims that would cover Sony?
3

A.

4 If we had not settled with Sony at that time he may have

5 been. He may have already understood that Sony was
6 going to settle and he may have moved on with these

7 claims without any concern to Sony.
8

Q.

Okay. This amendment, I believe, was submitted
Tha t 's correct.

9 to the patent office in July of 2002i is that correct?
10 11
12

A.
Q.

Do you know when the settlement with Sony was?

A.

I think it was finålly paid and agreed and

13 signed in, I think, 2004 -- 2004, I believe.
14
Q.
So this amendment was - - so this amendment was

15 submi tted before the Sony settlement i isn't that

16 correct?
17

Yes, sir. Okay. Does that refresh your recollection then 18 Q. 19 whether he was trying to draft claims to cover any Sony 20 controllers?
A.

21

A.

I believe that he felt that the Sony

22 controllers were already well covered, that we needed to

23 move on, but I am not sure about that. There may be

24 some claims in here that are directed toward Sony
25 controllers also. I don't know. What is there - - 79

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BRIAN CARLSON October 4,2007
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1 claims here? There may be some for Sony.
2

Q.

Do you know of any other Anascape patents that

3 would well, "cover," as you put it, the Sony

4 controllers?
5

A.

I think S02, 606 maybe. They insisted that we

6 give them a license to all of them at that time. So I
7 think S02, 991, maybe 997, 415, 525.
S

Q.

Okay. Were these claims submitted to possibly
I don't remember specifically. If I had to

9 cover any Nintendo products?
10

A.

11 guess I would say, yes, but I would just be guessing.
12
Q.

And were they submitted to specifically cover

13 the Nintendo Game Cube product?
14

A.
Q.

I am not sure. I don't -- I am not sure, sir.

15

Okay. And do you know if these claims were

16 specifically submitted by Mr. Armstrong with the
17 intention to cover Microsoft i s X Box controllers?
1S

A.
Q.

They probably were, yes, sir.

19

And, again, probably the same for Nintendo. Is

20 that accurate?
21
A.
I am not sure about the Nintendo, but I am more

22 sure that he wanted to cover his invention in a way that 23 Microsoft would be able to be shown to be infringing.
24
Q.

And, again, I believe that your testimony

25 today, Mr. Carlson, was that well before these claims
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BRIAN CARLSON October 4,2007
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1 are submitted in July of 2002 you and Mr. Armstrong

2 inspect controllers from Microsoft and Nintendo and

3 Sony. I sn 't that correct?
4
5

A.
Q.

What dates did you say? I am sorry.
Well, this amendment was submitted to the

6 patent office in July of 2002, correct?
7
8

A.
Q.

Yes, sir.
Okay. And well before that time you and

9 Mr. Armstrong physically inspected controllers

10 manufactured by Sony, Microsoft and Nintendo i isn't that

11 correct?
12
13

A.
Q.

I think that i s true, yes, sir.
Okay. And other parties also, correct?

14

A.
Q.

15 16

Yes, sir. Okay. Including the Sega controllers?
I don't remember Sega controllers. We had

A.

17 little to no discussion about Segas.

Okay. When - - over what period of time did 19 Mr. Armstrong dictate these (sic) particular set of 20 claims to you? Do you recall?
18
Q.

21

A.

Well, if I do recall correctly, I think these

22 claims right here were probably written wi thin - - wi thin 23 two weeks of this filing date, July 23rd, 2002.
24
Q.

Okay. And over how many days or hours would

25 you say he dictated these (sic) particular set of claims
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BRIAN CARLSON October 4,2007
Page 95

1 to you? Do you have any idea?

2 A. Looks like something that would have taken
3 maybe -- you know, maybe three to five days to do.
4

Q.

Was anybody else in the room with you and

5 Mr. Armstrong when he was dictating these claims?
6

A.
Q.

No, sir.
Did you have any of the controllers in front of

7

8 you when these claims were being dictated?
9

A.
Q.

There is a very good chance we did, yes, sir.
Why do you say that?

10

11

A.

Well, if they weren't in front of us they were

12 in a box behind us, but that ~ -we probably had recently

13 reviewed them.
14
Q.

Okay. And why did you have those controllers
We considered them to be infringing controllers

15 in the room while these claims were being dictated?
16

A.

17 and within the boundaries of the specification.
18 Mr. Armstrong wanted to make sure that he had claims
19 that would cover his invention that would also, because
20 it is his invention, cover those infringing controllers.

21

Q.

Okay. Well, at the time that this amendment

22 was being drafted the 700 patent didn't issue, correct?
23 I mean, obviously these claims were submitted in

24 connection with the prosecution of the 700 patent,

25 correct?
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BRIAN CARLSON October 4,2007
Page 96

1
2 THE DEPONENT: The

MR. MCLEROY: Objection. Form.
700 patent received multiple

3 Notices of Allowance. I don't know if he had received
4 the Notice of Allowance or not at this date, but it was

5 certainly pending.

6 BY MR. JAKUBEK: 7 Okay. But you had the - - you and Mr. Armstrong Q.
8 had the controllers with you in the room while these
9 claims were dictated for the specific purpose of trying

10 to get claims in the 700 patent that would possibly

11 cover those controllers, correct?
12 13

MR. MCLEROY: Objection. Form.
THE DEPONENT: Well, yes, I think - - I think

14 that's fair to say.
15 BY MR. JAKUBEK:
16
Q.

Okay. Where were you at when Mr. Armstrong was

17 dictating these claims to you? Where did this take

18 place?
19 A. Thi s , I think, occurred at my home in my home
20 office. It may have occurred in Brad i s home in Carson

21 City, but I think it was at my home office.
22
Q.

Is that typically where Mr. Armstrong would

23 dictate these claims to you?
24
A.
Q.

More times than not, yes, sir.

25

Did you store your files - - your patent
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BRIAN CARLSON October 4,2007

Page 97

1 application files for Mr. Armstrong or Anascape at your

2 house?
3

A.
Q.

Yes, sir.
And were the controllers kept at your house

4

5 also and stored at your house?
6

A.

Some of them were. Some of them Mr. Armstrong

7 took with him.
8

Q.

Okay. Did you go - - ever purchase the

9 controllers on your own or did Mr. Armstrong always

10 bring them to you?
11
A.
When the Sony X Box came out they were

12 difficult to get so I waited all night in line at the
13 Wal -Mart in Oroville and was able to purchase one. 14 Mr. Armstrong was waiting in line in Willows and did not 15 get one. So I bought that one under his instructions.

16 Q. Just for the record, I believe you said the
17 "Sony X Box." I think you meant the Microsoft X BOXi is

1 8 that correct?
19

A.

No, I meant the Sony Playstation 2. I am

20 sorry.
21
22
Q.

Okay.
You know, Mr. Armstrong, you know, paid for

A.

23 everything. He would buy the controllers.
24
Q.

Did you have the game consoles also with you

25 when these claims were being drafted or just the
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BRIAN CARLSON October 4, 2007

Page 98

1 controllers?
2 3

A.
Q.

Just the controllers, I believe.

Okay. Why didn i t you have the consoles?
We didn't - - I didn't have the consoles.

4

A.

5 Mr. Armstrong left them at home. I think he may have

6 had the consoles. I know he did. I know he had an X
7 Box and I think he had a Playstation 2. I know he had
8 the original Playstation, but they were never brought

9 over to my house.
10
Q.

When Microsoft or Sony or Nintendo released a

11 new product did you - - on the market did you or

12 Mr. Armstrong obtain those as soon as possible? 13 A. Usually, yes, sir.
14
Q.

Did you actually, like, stand in line the night

15 before, waiting for them to be released?
16
17

A.
Q.

I did on the Playstation 2.

Okay. And why was it so urgent to obtain that

18 as quickly as possible?
19
A.
Because we had read reviews and descriptions

20 and I believe Mr. Armstrong had issued patents. And the

21 description we read was that the Sony Playstation 2 was
22 a direct infringement of several of his patents and so

23 we wanted to acquire one and tear it apart and look at
24 it and see if it was an infringing device.

25

Q.

Did you ever stand in 'line for either Microsoft

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BRIAN CARLSON October 4,2007
Page 99

1 or Nintendo products?
2
3

A.
Q.

No, sir.
How about Mr. Arms t rong? Do you know if he

4 stood in line for any Microsoft or Nintendo products

5 released to the public?
6

A.

I don i t think he did, but I am not aware if he
Okay. Were any of these control lers ever

7 did or not.
8

Q.

9 physically given to the United States Patent and

10 Trademark Office in connection with the -- Mr. Armstrong

11 trying to obtain patents? I don't think so. No, sir. A. 12
13

Q.

In connection specifically with the 700 patent

14 application, did Mr. Armstrong ever submit to the patent

15 office photographs of these controllers that you had in

16 front of you while you were drafting the claims?
17
A.
I don't think any photographs of the

23 infringing device or similar to an infringing device
24 that is out there." I am not sure about that.

25

Q.

Are you aware of any Microsoft patent that

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MCKOOL SMITH
A PROFESSIONAL CORPORATION · ATTORNEYS

Luke McLeroy Direct Dial: [phone] [e-mail]

300 Crescent Court, Suite 1500 Dallas, Texas 75201

Telephone: [phone] Telecopier: [phone]

November 20, 2007

VIA EMAIL ([e-mail]) J. Christopher Carraway KLARQUIST SPARKMAN, LLP 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204 RE: Dear Joe: I am writing in response to your emails of November 7, 2007 and November 19, 2007. Anascape intends to rely on July 5, 1996 ­ the filing date of the '525 patent ­ as the effective filing date for each asserted claim of the '525 and '700 patents. Two of the prototypes that Anascape has made available for inspection ­ and have been inspected by counsel for Microsoft and Nintendo ­ practice the asserted claims. Specifically, the two game controllers modified by Mr. Armstrong to include analog buttons practice or can be used to practice at least claims 1-6, 9, 12-17 of the '802 patent, claim 7 of the '886 patent, and claims 1, 3, 6-8, 11-12, 16, 18, 19, 23-25, 28-30, 32-35, 40, 43, and 70-73 of the '991 patent. If you have any questions, please do not hesitate to contact me. Anascape, Ltd. v. Microsoft Corp. and Nintendo of America, Inc. Civil Action No. 9:06-CV-158-RC

cc:

James S. Blank Chris Carraway Robert Gunther Joseph S. Presta Rob Faris

Dallas 247709v1

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA, INC., Defendants. § § § § § § § § § § Hon. Ron Clark Civil Action No. 9:06-CV-00158-RC

EXPERT WITNESS REPORT OF STEPHEN BRISTOW PURSUANT TO FED. R. CIV. P. 26(a)(2)(B) REGARDING INVALIDITY OF U.S. PATENT NO. 6,906,700 I, Stephen Bristow, make the following first opening expert report:

i

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optional collet about the vertical y axis, while still providing a sensor to sense rotation of the trackball about the vertical yaw axis. 3. Tactile feedback/finger depressible buttons

The `891 Patent discloses providing tactile feedback to a user, either through a click or snap, to notify users of the activation/deactivation of linear carriage sensors. The `891 further discloses using simple on/off switches under finger depressible thumb and finger buttons, serving the same function as in a mouse, remote control, or computer keyboard (see Figs. 8-10). The `891 Patent does not describe using a motor and offset weight to generate electromechanical tactile feedback vibration, nor does it describe any other type of device providing vibration tactile feedback. 4. Sensor types

The `891 Patent further describes the use of a number of different sensor types, including proximity sensors, variable resistive or capacitive sensors, piezo sensors, variable voltage/amperage limiting or amplifying sensors and switches, potentiometers, resistive and optical encoders and simple on/off sensors. C. The `525 Patent

United States Patent No. 6,222,525 (the "`525 Patent") (Exhibit J) issued from a "Continued Patent Application," or CPA, filed on August 4, 2000, which was described as a continuation of an original application filed July 5, 1996 (or "1996 Application") (`525 Patent Prosecution History, Exhibit K). The `525 Patent disclosed a so-called six degree of freedom single-input member controller, employing a flexible membrane sensor sheet to connect to the sensors of the input member and additional finger depressible buttons, including, in some embodiments, buttons with resilient dome caps to provide tactile feedback and/or buttons using a pressure-sensitive variable conductance material to provide a proportional output, for use in 21

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controlling television or computer-based images. In some embodiments, the flexible membrane sheet for the input member and buttons is further connected to another flexible membrane sheet or to one or more other circuit boards and/or rigid support structure(s). In some embodiments, the flexible membrane sheet is replaced with a circuit board. 1. Six degrees of freedom

Fig. J - Fig. 7 of the `525 Patent The `525 Patent utilizes a similar lexicography to both the `891 Patent and the `828 Patent to describe six degrees of freedom. Specifically, it describes a six degree of freedom controller as capturing linear movement along and rotation about three separate axes (yaw, pitch and roll), with all three axes sharing "a mutual point of intersection at the center of the input member which is shown as a trackball but may be any hand manipulated input member." (`525 Patent, 9:17-20.) In order to achieve six degrees of freedom of movement, the `525 Patent discloses using either a total of twelve "unidirectional" or six "bidirectional" sensors (or some combination of the two), including six unidirectional or three bi-directional sensors to capture linear hand

22

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movement ("moment") of a carriage supporting a trackball or a carriage and shaft supporting a joystick handle along the yaw, pitch and roll axes in positive and negative directions and either six unidirectional or three bi-directional sensors (or some combination thereof) to capture rotation of the trackball and/or joystick shaft/handle about the same three axes. In all disclosed embodiments said to represent the invention (seen below), the sensors to sense the six degrees of freedom of movement by the human hand are activated by a single input member. 2. Single input member trackball/joystick embodiments a) 6DOF trackball assembly

Fig. K - Fig. 2 of the `525 Patent Figures 1-11 of the `525 Patent are similar to figures 1-11 of the `891 Patent in describing a 6DOF trackball assembly (see `891 Patent, above). While all the claims of the `525 Patent are drawn to an input member and sensors connected to a flexible membrane sheet, the `525 Patent does not teach the use of a flexible membrane sheet with its disclosed trackball embodiments.

23

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b)

First 6DOF joystick assembly (trackball modification, all sensors in the base)

Fig. L - Fig. 12 of the `525 Patent Figure 12 of the `525 Patent is a figure submitted for the first time with the 1996 Application that describes placing a handle on the exposed portion of the trackball embodiment shown in Figures 1-3 (see `891 Patent, Fig. 3, above) to provide a 6DOF joystick. Other than having its rotation constrained by the limits imposed by the presence of a handle (it obviously cannot rotate a full 360 degrees), this embodiment would be similar in function to the trackball embodiment.

24

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c)

Second 6DOF joystick assembly (all sensors in the handle)

Fig. M - Fig. 14 of the `525 Patent Figures 13-19 of the `525 Patent are figures submitted for the first time with the 1996 Application that describe a 6DOF joystick embodiment (200) which is unlike the 6DOF joysticks previously taught in the `828 Patent in that it places all of the 6DOF sensors (207.01-207.12) on a single sheet located within the handle of the joystick.

25

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Fig. N - Figs. 13 and 15 of the `525 Patent Specifically, this embodiment utilizes twelve unidirectional sensors (207.01-207.12) mounted on a flexible membrane sensor sheet (206) folded into the handle (202) of a joystick in such a manner as to sense linear movement of the handle along and rotation of the handle about the yaw, pitch and roll axes.

26

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Fig. O - Fig. 18 of the `525 Patent The flexible membrane sensor sheet (206) containing all 6DOF sensors (207.1-207.12) in the handle (202) is then connected - using circuit traces (256) contained in a flexible "membrane tail" (224) - to "an otherwise typical computer keyboard membrane" (270), or other base.

Fig. P - Fig. 16 of the `525 Patent In an alternative embodiment, all twelve unidirectional sensors are mounted to a rigid circuit board (250) in the joystick handle, replacing the flexible membrane sheet (206) in Figure 13, but not the membrane tail (224) connecting the circuit board sheet to a base or "otherwise typical computer keyboard membrane" (270).

27

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Fig. Q - Fig. 17 of the `525 Patent In another alternative embodiment, rocker arm structures are used to activate sensors contained on a flat flexible membrane sensor sheet in a single plane, removing the need to "fold" the portions of the sensor sheet connecting certain sensors (207.03-207.08) at right angles within the joystick handle.

28

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d)

Third 6DOF joystick assembly (4 input member sensors and two pivotal buttons in the handle, 8 input member sensors in the reference member housing, using rocker arm actuators)

Fig. R - Fig. 20 of the `525 Patent Figures 20-31 of the `525 Patent are figures submitted for the first time with the 1996 Application that describe a 6DOF joystick embodiment that demonstrates placing a flexible membrane sheet (330) on a platform (322) in the base or reference member housing (317), supporting eight unidirectional input member sensors under four rocker-arm structures (364).

29

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Fig. S - Figs. 21 and 22 of the `525 Patent These four rocker arm structures (364) include two T-bone actuators (344 and 346) to capture linear movement of the carriage (314) on the pitch and roll axes, an H-slot actuator (342) to capture movement of the shaft along the yaw axis, and a V-slot actuator (340) to capture rotation of the shaft about the yaw axis by bearing on dome-cap actuators (368) on a sheet of resilient thermoplastic rubber (366), said actuators impinging on sensors located on the flexible membrane sheet (330). The `525 Patent alternatively describes replacing the support platform (322) and flexible membrane sensor sheet (330) with a traditional circuit board bearing sensors and circuitry (370) to send signals to an image generation device through a cable (372).

30

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Figure 21 (above) also contains an unnumbered dashed line drawing on top which is neither referenced, nor described in the patent.

Fig. T - Fig. 29 of the `525 Patent In addition, a narrow second appendage of the flexible membrane sheet is folded to pass through a hole (310) in the portion of the flexible membrane sheet located in the base, through corresponding holes in the platforms of the carriage, through the shaft (302), and into the handle (300), where it broadens into a circular shape.

Fig. U - Fig. 28 of the `525 Patent

31

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In the handle, the circular portion of the flexible membrane sheet (330) bears sensors (207) to sense rotation of the handle. Additionally, two pivotal buttons (376) are set into the side of the handle (300). When pressed by a user's finger(s), these buttons rotate to press against a dome cap (368) and activate finger depressible button sensors (384) mounted on the flexible membrane sensor sheet (330). e) Fourth 6DOF joystick assembly (4 input member sensors in the handle, 8 input member sensors in the reference member housing)

Fig. V - Fig. 32 of the `525 Patent Figure 32 of the `525 Patent is a figure submitted for the first time with the 1996 Application that describes a 6DOF joystick embodiment that demonstrates replacing the rockerarm structure of Figure 20 with simple flat-mount and right angle mount sensor switches (207) solder mounted to a circuit board contained in the handle (423), and to a second carriage unit/circuit board (422) in the base housing. As in the previous embodiment, all linear movements are captured by the sensors mounted to the carriage, as is rotation about the vertical

32

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yaw axis. Four sensors (207) mounted on a circuit board (423) in the handle (400) sense rotation about the pitch and roll axes.

Fig. W - Figs. 33 and 34 of the `525 Patent Vertical movement of the shaft along the yaw axis is captured using a 3rd axis actuator part (450) which is mounted to the base of the shaft to actuate sensors (207.02 and 207.03) fixed to the carriage unit/circuit board (322/422) in the base housing.

Fig. X - Fig. 35 of the `525 Patent Rotation of the shaft about the yaw axis is captured using this same 3rd axis actuator part (450), which has a flange positioned to actuate sensors (207.07 and 207.08) right-angle mounted to the carriage unit/circuit board (322/422) in the base housing. Linear movement of the carriage

33

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(422) along the pitch and roll axes relative to the reference member (417) will activate the remaining right-angle mount sensors (207.03-207.06) f) Fifth 6DOF joystick assembly (4 input member sensors in the reference member housing, 8 input member sensors in the handle)

Fig. Y - Fig. 36 of the `525 Patent Figure 36 of the `525 Patent is a figure submitted for the first time with the 1996 Application that describes a 6DOF joystick embodiment similar to the fourth embodiment, above. In this embodiment, however, the 3rd axis actuator part (550) is mounted to the top of shaft (502) within the handle (500), rather than in the reference member housing (517). As a result, all six rotation sensors (207) and the yaw axis linear sensors (207) are carried on the circuit board (523) in the handle, while the linear sensors for pitch and roll remain on the carriage (514) in the reference member housing (517).

34

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(`700 Patent, 21:42-44.) 2. "At least one" input member

While most of the specification in the `700 Patent appears to have been drawn directly from the `525 Patent, there are a number differences. As a example, in a number of places, the `700 Patent replaces references to a 6DOF controller . . . which includes a single input member [being] hand operable relative to a reference member of the controller (see, e.g., `525 Patent, 7:52-53; 61-62; 8:4-6; 8:12-14; 8:20-22) with references to a 3D [image] controller . . . which includes at least one input member [being] hand operable relative to a reference member of the controller . . . . (see, e.g., `700 Patent, 4:36-37; 4:46-47; 4:56-57; 4:64-76; 5:6-8). The `700 Patent appears to use the terms "3D" and "6DOF" interchangeably, so it is understood that just like the input members of the 6DOF controllers of the `525 Patent, the input members of the 3-D controllers described in the `700 Patent would "provide structuring for converting full six degrees of freedom physical input provided by a human hand on a hand operable single input member." (`525 Patent, 4:50-53.) And this hand movement on the input member must be relative to "a [single] reference member." All the `700 Patent's disclosed embodiments do, in fact, provide such structuring. The `700 Patent does not include any embodiments using more than one input member to accept six degrees of freedom of physical input provided by a human hand, nor does it include any embodiments where more than one reference member is used. Further differences between the specifications of the `525 and `700 Patents are addressed in detail below.

45

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3.

Armstrong changed the specification of the `700 Patent from what was previously disclosed in the 1996 Application

Armstrong claims priority to U.S. Patent Application No. 08/677,378, filed on July 5, 1996 (hereinafter "the 1996 Application"), which issued into the `525 Patent through a CPA filed on August 4, 2000. In 2000, when he initially filed the `700 Patent Application as a "continuation" of the 1996 Application, Armstrong changed his disclosure substantially, as shown below.

1996 Application5
Typically in the prior art, a three degree of freedom joystick type input device costs more to manufacture than a two degree of freedom joystick, and a six degree of freedom (henceforth 6DOF) joystick input device costs significantly more to manufacture compared to a three degree of freedom joystick. Likewise, a three or more degree of freedom mouse-type controller costs more to manufacture than a standard two degree of freedom mouse. Manufacturing costs in such devices generally increase because, for at least one reason, an increasing number of sensors is necessary for the additional axes control, and the sensors in the prior art, particularly with 6DOF controllers having a single input member, typically have been positioned in widely-spread three dimensional constellations within the controller, thus requiring multiple sensor mounts and mount locations and labor intensive, thus costly, hand wiring with
5

`700 Patent specification
Language removed entirely in `700 Patent specification

Language removed entirely in `700 Patent specification

It should be noted that the 1996 Application did include a description of so-called "secondary input members." However, the secondary input members (e.g. "two thumb select switches 144 and two finger select switches 146") (1996 Application, pg. 25, lines 9-10) were not described as contributing to providing six degrees of freedom, but rather functioning as "auxiliary secondary input buttons (select, fire buttons, special function keys, etc.)" (1996 Application, pg. 37, lines 15-16.) A design using additional input members to provide six degrees of freedom was seen by Armstrong as "functionally and structurally deficient." (1996 Application, pg. 5, line 34.) 46

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1996 Application5
individually insulated wires from the sensors to a normally centralized circuitry location remote from the sensors.

`700 Patent specification

In the prior art there exist 6DOF Language removed entirely in `700 Patent specification controllers of a type having a hand operable, single input member moveable in six degrees of freedom for axes control relative to a reference member of the controller. This type of controller having the 6DOF operable input member outputs a signal(s) for each degree of freedom input, and it is this type of 6DOF controller which is believed to be by far the most easily used for 3D graphics control, and it is with this type of 6DOF controller that the present invention is primarily concerned. In the prior art, 6DOF controllers of the type having a hand operable single input member utilize individual sensors and sensor units (bi-directional sensors) mounted and positioned in a widely-spread three dimensional constellation, due to the failure to provide structuring for cooperative interaction with the sensors, so that some, most or all of the sensors may to be brought into or to exist in a generally single area and preferably in a generally single plane or planes. The prior art fails to provide structuring, such as a carriage member, for allowing cooperative interaction with sensors. The prior art fails to demonstrate a carriage member which typically carries a sheet member connecting and supporting sensors. Language removed entirely in `700 Patent specification

47

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1996 Application5

`700 Patent specification

Another failure in prior art 6DOF Language removed entirely in `700 Patent specification controllers of the type having a hand operable single input member is the failure to use or anticipate use of inexpensive, flexible membrane sensor sheets, which are initially flat when manufactured, and which include sensors and conductive traces applied to the flat sheet structure. Such flat sheet membrane sensors could be advantageously used as a generally flat sensor support panel, or alternatively in bent or three dimensionally formed shapes in 6DOF controller structures which utilize three dimensional constellation sensor mounting and appropriate structures for cooperative interaction with the sensors. The prior art in 6DOF controllers of the type having a hand operable single input member, has failed to use and anticipate the use of, providing structures for cooperative interaction with sensors all in a single area which would allow use of a flat membrane sensor sheet or a flat printed circuit board supporting the sensors and sensor conductors. The prior art in 6DOF controllers of the type having a hand operable single input member, has failed to use or anticipate use of flat sheet substratum as the foundation upon which to define or apply sensors such as by printing with conductive ink, or to mount the sensors such as by plug-in or soldered connection of the sensors, and preferably all of the required sensors for 6DOF, and even further, the electrical conductors leading to and from the sensors in a printed or otherwise applied fixed position. Another problem in prior art controllers such as the King device is reliability. In the King device, reliability is less than optimum due to the typical single input member 6DOF prior art configuration of circuitry and sensors, because the hand wiring of sensors to remote circuitry is subject to malfunctions such as wires breaking, cold solder joints, and cross Language removed entirely in `700 Patent specification

48

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1996 Application5
wiring due to error of the human assembler, etc. Another prior art disclosure believed somewhat relevant is taught in U.S. Pat. No. 5,298,919 issued Mar. 29, 1994 to M. Chang. The Chang device is basically a six degree of freedom computer controller for computer graphics, and includes a generally flat plane printed circuit board on which all of the sensors are mounted. However, as will become appreciated, in Chang's controller, the lack of a hand operable single input member operable in six degrees of freedom has many significant disadvantages. Further, the Chang controller does not have a any [SIC] input member capable of being manipulated in 6DOF relative to any reference member of the controller, which yields additional significant disadvantages.

`700 Patent specification

Language removed entirely in `700 Patent specification

Language removed entirely in `700 The Chang controller does not have a single input member such as one ball or one Patent specification handle which can be operated (causing representative electrical output) in six degrees of freedom. Nor can any one Chang input member be manipulated (moved) relative to a reference member on the controller in six degrees of freedom. Thus, the Chang device is functionally and structurally deficient. In order that 6DOF controllers be more affordable, and for a user to be easily able to control objects and/or navigate a viewpoint within a three-dimensional graphics display, I have developed improved, low-cost hand operated 6DOF controllers for use with a computer or computerized television or the like host device. The controllers provide structuring for converting full six degrees of freedom physical input provided by a human hand on a hand operable single input member into representative outputs or signals useful either directly or indirectly for In order that hand input to electrical output controllers be more affordable, and for a user to be easily able to control objects and/or navigate a viewpoint within a three dimensional graphics display, I have developed improved, low-cost hand operated controllers, providing up to 6 degrees of freedom in preferred embodiments, for use with a computer or computerized television or the like host device. The controllers in preferred embodiments, while not restricted or required to be full six degrees of freedom (6DOF), provide structuring for converting full six

49

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1996 Application5
controlling or assisting in controlling graphic image displays. The present controllers sense hand inputs on the input member via movement or force influenced sensors, and send information describing rotation or rotational force of the hand operable input member in either direction about three mutually perpendicular bi-directional axes herein referred to as yaw, pitch and roll, (or first, second and third); and information describing linear moment of the hand operable input member along the axes to a host computer or like graphics generation device for control of graphics of a display, thus six degrees of freedom of movement or force against the input member are converted to input-representative signals for control of graphics images.

`700 Patent specification
degrees of freedom physical input provided by a human hand on a [] hand operable input member(s) into representative output or signals useful either directly or indirectly for controlling or assisting in controlling graphic image displays. The present controllers sense hand inputs on the input member via movement or force influenced sensors, and send information describing rotation or rotational force of the hand operable input member in either direction about three mutually perpendicular bi-directional axes herein referred to as yaw, pitch and roll, (or first, second and third); and information describing linear moment of the hand operable input member along the axes to a host computer or like graphics generation device for control of graphics of a display, thus 3D or six degrees of freedom of movement or force against 35 the input member are converted to input-representative signals for control of graphics images. The present controllers include at least one hand operable input member (platform) defined in relationship to a reference member, e.g., base, housing or handle of the controller. The input member can be a trackball operable relative to a housing (reference member), or the input member can be any handle fit to be manipulated by a human hand, such as a joystick type handle, but in any case, the input member(s) accept 3D of hand input relative to the reference member, and the converter acts or operates from the hand inputs to cause influencing of the sensors which inform or shape electricity to be used as, or to produce such as by way of processing, an output signal suitable for a host device to at least in part control or assist in controlling the image on the display of the host device.

The present controllers include the hand operable input member defined in relationship to a reference member of the controller. The input member can be a trackball operable relative to a housing (reference member) as described in my above mentioned co-pending application, or alternatively, the input member can be any handle fit to be manipulated by a human hand, such as a joystick type handle, but in either case, the input member accepts 6DOF of hand input relative to the reference member, and the converter acts or operates from the hand inputs to cause influencing of the sensors which inform or shape electricity to be used as, or to produce such as by way of processing, an output signal suitable for a host device to at least in part control the image on the display of the host device.

50

Appendix to Defendants' Joint MSJ, 9:06-CV-00158-RC

Page A197

1996 Application5
A primary object of the invention is to provide a 6DOF image controller (physicalto-electrical converter), which includes a single input member being hand operable relative to a reference member of the controller and the controller providing structure with the advantage of mounting the sensors in a generally single area or on at least one planar area, such as on a generally flat flexible membrane sensor sheet or circuit board sheet, so that the controller can be highly reliable and relatively inexpensive to manufacture. Another object of the invention is to provide an easy to use 6DOF controller (physical-to-electrical converter) which includes a single input member being hand operable relative to a reference member of the controller, and which provides the advantage of structure for cooperative interaction with the sensors positioned in a three dimensional constellation, with the sensors and associated circuit conductors initially applied to flexible substantially flat sheet material, which is then bent or otherwise formed into a suitable three dimensional constellation appropriate for circuit trace routing and sensor location mounting. Another object of the invention is to provide an easy to use 6DOF controller, which includes a single input member hand operable relative to a reference member of the controller, and which has the advantage that it can be manufactured relatively inexpensively using sensors and associated circuits of types and positional layout capable of being assembled and/or defined with automated manufacturing processes on flat sheet material. Another object of the invention is to provide an easy to use 6DOF controller, which includes a single input member hand operable to a reference member of the

`700 Patent specification
A primary object of the invention is to provide a 3D image controller (physical-toelectrical converter), which includes at least one input member being hand operable relative to a reference member of the controller, and the controller providing structure with the advantage of mounting the sensors in a generally single area or on at least one planar area, such as on a generally flat flexible membrane sensor sheet or circuit board sheet, so that the controller can be highly reliable and relatively inexpensive to manufacture. Another object of the invention is to provide an easy to use 3D controller (physical-to-electrical converter) which includes at least one input member being hand operable relative to a reference member of the controller, and which provides the advantage of structure for cooperative interaction with the sensors positioned in a three dimensional constellation, with the sensors and associated circuit conductors initially applied to flexible substantially flat sheet material, which is then bent or otherwise formed into a suitable three dimensional constellation appropriate for circuit trace routing and sensor location mounting. Another object of the invention is to provide an easy to use 3D controller, which includes at least one input member hand operable relative to a reference member of the controller, and which has the advantage that it can be manufactured relatively inexpensively using sensors and associated circuits of types and positional layout capable of being assembled and or defined with automated manufacturing processes on flat sheet material. Another object of the invention is to provide an easy to use 3D controller, which includes at least one input member hand operable relative to a reference member, e.g., 51

Appendix to Defendants' Joint MSJ, 9:06-CV-00158-RC

Page A198

1996 Application5
controller, and which has the advantage that it can be manufactured using highly reliable automated manufacturing processes on flat sheet material, thus essentially eliminating errors of assembly such as erroneously routed wiring connections, cold or poor solder connections, etc. Another object of the invention is to provide an easy to use 6DOF controller, which includes a single input member hand operable relative to a reference member of the controller, and which has the advantage that it can be manufactured using sensors and associated circuits on flat sheet material so that serviceability a