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Palm Prē Infringement

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)

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Palm Prē Infringement

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  1. 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

  2. $$$ At Stake • 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. Patents in Dispute • Apple has stated publicly 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 Video • Claims not limited to iPhone embodiment, but helpful to understand

  4. Patent Structure • 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. Front Page

  6. Abstract • “A computer-implemented method for use in conjunction with a computing devicewith atouch screen displaycomprises:detecting one or more finger contactswith the touch screen display, applying one or more heuristicsto 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 acommand to transition from displaying a respective item in a set of items to displaying a next item in the set of items.”

  7. Claim 1: clause 1-4

  8. Claim 1: clause 5

  9. Claim 1: clause 6

  10. Claim 1: clause 7

  11. Claim 1: clause 8

  12. Claim 1: clause 9 (vertical scrolling)

  13. Vertical Scrolling • Locked vertical scrolling 3937

  14. Claim 1: clause 10 (2D translation)

  15. 2D Translation • 2D translation (panning) 3939, 3931/3933

  16. Claim 1: clause 11 (slide show)

  17. Slide Show • Display items in a set to next item in a set. Swipe 1616

  18. Slide Show Video

  19. Scrolling, 2D Translation Video • Look for: • Locked vertical scrolling • 2D translation (panning) Engadget Video

  20. Does Palm Prē Infringe ‘949? • It appears so, based on the videos. • 2D Translation appears briefly in the Engadget Prē video, but is not demonstrated as clearly as the iPhone video. The embodiment in the iPhone, however, is not the patent, and 2D movement does appear to exist in the Prē. • The Palm Prē heuristics could be subtly different than the patent claims, but the videos would appear to make that hard to argue that it is not equivalent.

  21. Apple’s Patent US 7,469,381and Palm Prē

  22. Quick Overview

  23. Quick Overview • Patent has 60 pages • So long description • So many figures • 20 Claims

  24. Abstract • 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.

  25. In Short….

  26. Abstract • 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. What’s Important? • The Claim!

  28. Claim 1. • 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. Claim 1. • http://www.engadget.com/2009/01/28/apple-vs-palm-the-in-depth-analysis/#cont

  30. Infringement • One product (Palm Prē) • has to • do exactly as • the claim says • to infringe a patent

  31. Closer view- The Chart • Element • Interpretation • Prē product

  32. Chart example

  33. Claim 1. and Palm Prē

  34. Claim 1. and Palm Prē

  35. Claim 1. and Palm Prē

  36. Claim 1. and Palm Prē

  37. Claim 1. and Palm Prē

  38. Claim 1. and Palm Prē

  39. Claim 1. and Palm Prē

  40. Claim 1. and Palm Prē

  41. Claim 1. and Palm Prē

  42. Claim 1. and Palm Prē

  43. Claim 1. and Palm Prē

  44. Conclusion • From the chart Palm Prē does everything claimed in the Apple’s patent claim 1. • (and other claims) • Therefore, • Palm Prē infringes the patent • US 7,469,381 • There is no way that Palm Prē can go around this patent

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