1. 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

2.  Apple sold 4.4M iPhones in last quarter (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

3.  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 iPhone ◦ Claims not limited to iPhone embodiment, but helpful to understand

4.  US 7,479,949 Patent 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

5.  “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.”

6. ElementInterpretationPalm 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

7. ElementInterpretationPalm 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.

8. ElementInterpretationPalm 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.

9. ElementInterpretationPalm 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.

10. ElementInterpretationPalm 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:”

11. ElementInterpretationPalm 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.

12.  Locked vertical scrolling 3937

13. ElementInterpretationPalm 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.

14.  2D translation (panning) 3939, 3931/3933

15. ElementInterpretationPalm 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.

16.  Display items in a set to next item in a set. Swipe 1616

18.  Look for: Vertical scrolling, panning  Engadget Video Engadget Video

19.  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.

22.  Patent has 60 pages  So long description  So many figures  20 Claims

23.  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.

24.  In Short….

25.  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.

27.  The Claim!

28.  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.

29.  http://www.engadget.com/2009/01/28/appl e-vs-palm-the-in-depth-analysis/#cont http://www.engadget.com/2009/01/28/appl e-vs-palm-the-in-depth-analysis/#cont

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

31.  Element  Interpretation  Pre product

33. ElementInterpretationPre 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.

34. ElementInterpretationPre Product first portionA 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/app le-vs-palm-the-in- depth-analysis/#cont, Pre displays a electronic document which is similar to Figure 6A

36. ElementInterpretationPre 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.

37. ElementInterpretationPre 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.engad get.com/2009/01/ 28/apple-vs- palm-the-in- depth- analysis/#cont.

38. ElementInterpretationPre 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/app le-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.

40. ElementInterpretationPre 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/app le-vs-palm-the-in- depth-analysis/#cont.

41. ElementInterpretationPre 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/app le-vs-palm-the-in- depth-analysis/#cont.

43. ElementInterpretationPre 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/app le-vs-palm-the-in- depth-analysis/#cont.

44. ElementInterpretationPre 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/app le-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.

45. ElementInterpretationPre 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/app le-vs-palm-the-in- depth-analysis/#cont,

47. ElementInterpretationPre 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/app le-vs-palm-the-in- depth-analysis/#cont.

48.  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