palm prē infringement

48
Of Apple Patent US 7,479,949 and US 7,469,381 UC Berkeley, Center for Entrepreneurship and Technology IEOR 190G Patent Engineering, April 20, 2009 George Shaw, MS EECS Samuel Choi, MS ME

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Palm Prē Infringement. Of Apple Patent US 7,479,949 and US 7,469,381 UC Berkeley, Center for Entrepreneurship and Technology IEOR 190G Patent Engineering, April 20, 2009 George Shaw, MS EECS Samuel Choi, MS ME. $$$ At Stake. Apple sold 4.4M iPhones in last quarter (Dec) - PowerPoint PPT Presentation

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Page 1: Palm  Prē  Infringement

Of Apple Patent US 7,479,949 and US 7,469,381

UC Berkeley, Center for Entrepreneurship and TechnologyIEOR 190G Patent Engineering, April 20, 2009

George Shaw, MS EECSSamuel Choi, MS ME

Page 2: Palm  Prē  Infringement

Apple sold 4.4M iPhones in lastquarter (Dec)◦ @$300 each $1.3B sales

Palm Trēo sales down◦ Smartphone revenue down 72% (Feb)

to $77.5M on 482K units◦ Total Palm revenue $90.6M

iPhone Killer: Palm Prē◦ Expected release: this quarter◦ Necessary for Palm to survive

Page 3: Palm  Prē  Infringement

Apple has stated publically that the prototypes of the Palm Prē infringe its patents, and that it will protect its IP

Discussing two Apple multi-touch patents◦ US 7,479,949◦ US 7,469,381

iPhone◦ Claims not limited to iPhone embodiment, but

helpful to understand

Page 4: Palm  Prē  Infringement

US 7,479,949Patent 358 pages

293 pages of diagrams 60 pages of specification text 3 pages, 20 claims Describes lots of technology, likely as

disclosure for or to prevent other patents 3 Independent claims (1, 11, 17), 3 forms of

the same claim Only claim 1 analyzed for infringement

◦ 11 clauses

Page 5: Palm  Prē  Infringement

“A computer-implemented method for use in conjunction with a computing device with a touch screen display comprises: detecting one or more finger contacts with the touch screen display, applying one or more heuristics to the one or more finger contacts to determine a command for the device, and processing the command. The one or more heuristics comprise: a heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command, a heuristic for determining that the one or more finger contacts correspond to a two-dimensional screen translation command, and a heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items.”

Page 6: Palm  Prē  Infringement

Element Interpretation

Palm Prē Product

“A computing device, comprising:”

The Prē contains a processor and therefore is a computing device.

“a touch screen display;”

The Prē contains a touch screen display.

“one or more processors;”

The Prē contains at least a TI OMAP processor

“memory;” The Prē contains at least 8GB flash memory storage

Page 7: Palm  Prē  Infringement

Element Interpretation Palm Prē Product

“one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including:”

One or more programs in memory that can be executed by the CPU(s).

The Prē contains Palm WebOS program and other programs.

Page 8: Palm  Prē  Infringement

Element Interpretation

Palm Prē Product

“instructions for detecting one or more finger contacts with the touch screen display;”

It is inherent that if there is a processor and a touch screen display whereby a user can use his finger, that there must be instruction for detecting finger contacts with the touch screen.

Page 9: Palm  Prē  Infringement

Element Interpretation Palm Prē Product

“instructions for applying one or more heuristics to the one or more finger contacts to determine a command for the device;”

("heuristics [programs] are used to translate imprecise finger gestures into actions desired by the user." [column 109, line 50-51])

Heuristics are generally inherent in computer programs processing imprecise input, such as the movement of a touch on a touch screen. There must be instructions for the computer to apply the one or more heuristics and determine the desired command for the device from the finger contacts.

Page 10: Palm  Prē  Infringement

Element Interpretation

Palm Prē Product

“and instructions for processing the command;”

Inherently a processor-driven device uses instructions to process commands.

“wherein the one or more heuristics comprise:”

Page 11: Palm  Prē  Infringement

Element Interpretation Palm Prē Product

“a vertical screen scrolling heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command rather than a two-dimensional screen translation command based on an angle of initial movement of a finger contact with respect to the touch screen display;”

A heuristic (implemented as a program) that looks for initial vertical movement of the finger(s) and decides that strictly vertical scrolling is desired even though the finger may move off a vertical path after initial contact.

The Prē uses a vertical screen scrolling heuristic for determining that the one or more finger contacts correspond to a one-dimensional vertical screen scrolling command rather than a two-dimensional screen translation command based on the angle of initial movement of a finger contact with respect to the touch screen display.

Page 12: Palm  Prē  Infringement

Locked vertical scrolling3937

Page 13: Palm  Prē  Infringement

Element Interpretation Palm Prē Product

“a two-dimensional screen translation heuristic for determining that the one or more finger contacts correspond to the two-dimensional screen translation command rather than the one-dimensional vertical screen scrolling command based on the angle of initial movement of the finger contact with respect to the touch screen display;”

A heuristic (implemented as a program) that looks for initial movement of the finger(s) not close to vertical and decides that some degree of diagonal (vertical and horizontal) scrolling is desired rather than strictly vertical scrolling.

The Prē uses a two-dimensional screen translation heuristic for determining that the one or more finger contacts correspond to the two-dimensional screen translation command rather than the one-dimensional vertical screen scrolling command based on the angle of initial movement of the finger contact with respect to the touch screen display.

Page 14: Palm  Prē  Infringement

2D translation (panning)3939, 3931/3933

Page 15: Palm  Prē  Infringement

Element Interpretation Palm Prē Product

“and a next item heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items.”

A heuristic (implemented as a program) that looks for an unspecified finger(s) contact to move stepwise from item to item in a set rather than scroll through the set. An example reciting the text of this clam clause refers to an image in an album of images.

The Prē uses a next item heuristic for determining that the one or more finger contacts correspond to a command to transition from displaying a respective item in a set of items to displaying a next item in the set of items.

Page 16: Palm  Prē  Infringement

Display items in a set tonext item in a set.Swipe 1616

Page 17: Palm  Prē  Infringement
Page 18: Palm  Prē  Infringement

Look for: Vertical scrolling, panning

Engadget Video

Page 19: Palm  Prē  Infringement

It appears so, based on the videos.

2D Translation is not completely clearly implemented in the same way (it snapped back rather than simply scrolling).

The heuristics could be subtly different, but the videos would appear to make that hard to argue.

Page 20: Palm  Prē  Infringement
Page 21: Palm  Prē  Infringement
Page 22: Palm  Prē  Infringement

Patent has 60 pages So long description So many figures 20 Claims

Page 23: Palm  Prē  Infringement

In accordance with some embodiments, a computer-implemented method for use in conjunction with a device with a touch screen display is disclosed. In the method, a movement of an object on or near the touch screen display is detected. In response to detecting the movement, an electronic document displayed on the touch screen display is translated in a first direction. If an edge of the electronic document is reached while translating the electronic document in the first direction while the object is still detected on or near the touch screen display, an area beyond the edge of the document is displayed. After the object is no longer detected on or near the touch screen display, the document is translated in a second direction until the area beyond the edge of the document is no longer displayed.

Page 24: Palm  Prē  Infringement

In Short….

Page 25: Palm  Prē  Infringement

computer-implemented method for a touch a screen display

When detecting the movement of an object, an electronic document is translated in a first direction.

If an edge is reached, area beyond the document is displayed.

After the object is no longer detected, the area beyond the edge of the document is no longer displayed.

Page 26: Palm  Prē  Infringement
Page 27: Palm  Prē  Infringement

The Claim!

Page 28: Palm  Prē  Infringement

A computer-implemented method, comprising: at a device with a touch screen display: displaying a first portion of an electronic document; detecting a movement of an object on or near the touch screen display; in response to detecting the movement, translating the electronic document displayed on the touch screen display in a first direction to display a second portion of the electronic document, wherein the second portion is different from the first portion; in response to an edge of the electronic document being reached while translating the electronic document in the first direction while the object is still detected on or near the touch screen display: displaying an area beyond the edge of the document, and displaying a third portion of the electronic document, wherein the third portion is smaller than the first portion; and in response to detecting that the object is no longer on or near the touch screen display, translating the electronic document in a second direction until the area beyond the edge of the electronic document is no longer displayed to display a fourth portion of the electronic document, wherein the fourth portion is different from the first portion.

Page 29: Palm  Prē  Infringement

http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont

Page 30: Palm  Prē  Infringement

One product (Palm Pre) has to do exactly as the claim says to infringe a patent

Page 31: Palm  Prē  Infringement

Element

Interpretation

Pre product

Page 32: Palm  Prē  Infringement
Page 33: Palm  Prē  Infringement

Element Interpretation Pre Product

A computer-implemented method, comprising: at a device with a touch screen display: displaying a first portion of an electronic document;

A computer-implemented method is a computing program; For this case, this method (program) is about how to interpret certain movement of a finger touching on a screen to display electronic document.

Electronic documents can be picture, list, digital image, word document, spread sheet, email, or presentation document.

Y. Computing device with touch screen display needs to have certain method to display electronic document.

Page 34: Palm  Prē  Infringement

Element Interpretation Pre Product

first portion A part of document displayed on the screen before a user touches on the screen or a monitor to move the electronic document around.See figure 6A and 8A on the Apple's patent 7,469,381.

Y.On the Engadget video the second to the last movie clip at 19:51, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont, Pre displays a electronic document which is similar to Figure 6A

Page 35: Palm  Prē  Infringement
Page 36: Palm  Prē  Infringement

Element Interpretation Pre Product

detecting a movement of an object on or near the touch screen display

An object can be a finger or a pen.Touch screen display is a monitor, can be small as a screen on a cell phone that can detect a finger or a pen touching on the monitor. See Figure 6A and 8A on the Apple's patent 7,469,381. The dotted arrow in the middle of the figure indicates the movement of an object on the touch screen display.

Y.Touch screen display requires to detect the movement or the location of an object on the screen.

Page 37: Palm  Prē  Infringement

Element Interpretation Pre Product

in response to detecting the movement, translating the electronic document displayed on the touch screen display in a first direction to display a second portion of the electronic document

Translating the electronic document means that the document is moving up, down, left, right, or in diagonal to show different part of the electronic document. This translation is similar to dragging image usually larger than screen size, around the monitor.This element of claim 1 is describing that the computer will understand the motion of a finger or a pen on the monitor to move the document to see different portion of document.See figure 6B and 8B on the Apple's patent 7,469,381. The top of Figure 6B shows part of the list what was not visible in Figure 6A. Also as in Figure 8B, translation of document was demonstrated as in diagonal direction with a dotted arrow. block 7, 8, and 9 are fully displayed on the screen where they were only partially displayed on the Figure 8A.

Y.Pre has this feature of moving the electronic document in response of motion of finger on the screen. See the second to the last movie clip at 19:52 on Engadget video on http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont.

Page 38: Palm  Prē  Infringement

Element Interpretation Pre Product

wherein the second portion is different from the first portion

Second portion is a portion of electronic document displayed on the monitor when the monitor shows different portion from the first portion while the user's finger is on the screen to move the electronic document.

Y. On the Engadget video second to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont, Pre scrolls down the electronic document and shows a portion of electronic document which is different from what was displayed on the screed before the motion of finger has started.

Page 39: Palm  Prē  Infringement
Page 40: Palm  Prē  Infringement

Element Interpretation Pre Product

in response to an edge of the electronic document being reached while translating the electronic document in the first direction while the object is still detected on or near the touch screen display

Edge of document is reached while a finger or a pen is still pressing on the screen to display different portion of the document . See Figure 6C and Figure 8C of the Apple's patent 7,469,381.

Y. As the user moves down a finger while in touch with the screen, the top of the document is reached on the Engadget video second to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont.

Page 41: Palm  Prē  Infringement

Element Interpretation Pre Product

displaying an area beyond the edge of the document, and

Beyond the edge of the document can be any image that is not the part the electronic document.Examples of area beyond the edge are background image or solid color.In Figure 6C and 8C of the Apple's patent 7,469,381, edge of electronic document was displayed with area not a part of the document is displayed.

Y.Pre shows white color image when the edge of an electronic document is reached while moving to the top of the electronic document with the finger on the screen on the second to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont.

Page 42: Palm  Prē  Infringement
Page 43: Palm  Prē  Infringement

Element Interpretation Pre Product

displaying a third portion of the electronic document, wherein the third portion is smaller than the first portion; and

Third portion is a part of document smaller than the first or second portion of document with edge of document is visible on the monitor.As in Figure 6C and 8C, the displayed portion of electronic document is smaller than the portion in Figure 6A and 8A on the Apple's patent 7,469,381.

Y. Pre displays smaller portion of document than the document displayed on the monitor before the document is moving on the second to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont.

Page 44: Palm  Prē  Infringement

Element Interpretation Pre Product

in response to detecting that the object is no longer on or near the touch screen display,

When a finger or pen is not touching on the monitor anymore, the computer will detect it.

Y. On the engadget videosecond to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont, the finger was released while the screen was displaying the top of the document and area beyond the document as a solid white color distinguished from the list.

Page 45: Palm  Prē  Infringement

Element Interpretation Pre Product

translating the electronic document in a second direction until the area beyond the edge of the electronic document is no longer displayed to display a fourth portion of the electronic document,

Then the display will move different direction from the prior motion commanded by the finger or the pen, in order to show more portion of the document and eleminate the display of edge and beyond edge of document displayed before.See Figure 6D and 8D on the Apple's patent 7,469,381. The images are adjusted to display more are of electronic document.

Y. As soon as the finger was moved away and not touching the monitor, the document moved down to show more portion of the electronic document. See the second to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont,

Page 46: Palm  Prē  Infringement
Page 47: Palm  Prē  Infringement

Element Interpretation Pre Product

wherein the fourth portion is different from the first portion

The portion of the document displayed on the monitor when the finger is off the monitor. This portion has to show more of the document while the finger is still on the monitor.

Y. In transition of moving down the document, the Pre displayed different portion from what was displayed before the finger was on and in motion in the second to the last last movie clip at 19:52, http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont.

Page 48: Palm  Prē  Infringement

From the chart Palm pre does everything claimed in the Apple’s patent claim 1.

(and other claims) Therefore, Palm pre infringes the patent US 7,469,381