PTAB

IPR2017-00913

Google Inc v. BlackBerry Ltd

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Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Controlling an Apparatus with a Dynamic Graphical User Interface
  • Brief Description: The ’384 patent describes a method for controlling a device by displaying a "dynamic bar" on a graphical user interface. This bar provides interfaces for applications and functions, and upon user input, can expand into a pop-up interface to display additional dynamic preview information.

3. Grounds for Unpatentability

Ground 1: Claims 1, 4-7, and 10-13 are obvious over Cadiz

  • Prior Art Relied Upon: Cadiz (Application # 2002/0186257).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Cadiz taught every limitation of the challenged claims. Cadiz discloses a persistent "sidebar" along the edge of a display, which Petitioner equated to the claimed "dynamic bar." This sidebar displays dynamic information (e.g., contact availability, new email counts), which constitutes the claimed "dynamic preview information." Cadiz explains that this information is managed by underlying software applications (e.g., an instant messaging client like MSN Messenger) that track changes and update the sidebar automatically. Furthermore, Cadiz teaches that selecting an item in the sidebar (a "first input") opens an "enhanced tooltip window" or "person window" that overlays the screen. Petitioner contended this pop-up window is the claimed "expanded dynamic bar" and that it displays "additional dynamic preview information" (e.g., unread message counts, communication options) different from the initial sidebar view.
    • Motivation to Combine (for §103 grounds): As this ground relies on a single reference, the argument was based on inherent disclosures and obvious modifications. Petitioner argued that while Cadiz discloses "action buttons" for invoking a software application from the expanded window, it would have been obvious to a person of ordinary skill in the art (POSITA) to implement this feature as a "selectable link" embedded in the preview information itself.
    • Expectation of Success: A POSITA would have had a high expectation of success in modifying the action buttons to selectable links using well-known web-based techniques (e.g., hyperlinks) to improve the user experience by reducing visual clutter. This was a predictable design choice that used known technology to achieve a known result.

Ground 2: Claims 2 and 3 are obvious over Cadiz in view of Ng

  • Prior Art Relied Upon: Cadiz (Application # 2002/0186257) and Ng (Application # 2004/0075701).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground asserted that Cadiz taught the base method of claim 1, while Ng taught the additional limitations of claims 2 and 3: displaying a "status portion" on the display that includes signal strength. Ng explicitly discloses a graphical user interface for a mobile device with a status portion at the top of the display showing a battery indicator and a received signal strength indicator.
    • Motivation to Combine: A POSITA would combine Cadiz's sidebar interface with Ng's status indicators to improve the overall usability of the device. Since Cadiz discloses its system can be implemented on mobile devices like cell phones, providing conventional status information (battery, signal) would have been a commonsense addition to keep the user apprised of the device's operational status.

Ground 3: Claim 8 is obvious over Cadiz in view of Matthews

  • Prior Art Relied Upon: Cadiz (Application # 2002/0186257) and Matthews (Application # 2005/0198584).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that while Cadiz's email-centric interface discloses showing the number of new emails as dynamic preview information, it does not explicitly show a preview of the email's content. Matthews, which incorporates Cadiz by reference, remedies this by disclosing a sidebar with an "email notification tile" that contains a listing of emails, including a preview of each email's content (e.g., the subject line or first few words).
    • Motivation to Combine: A POSITA would have been motivated to modify Cadiz to include the content previews taught by Matthews to enhance the user experience. Providing a glimpse of the email content, in addition to just the count, gives the user more useful information directly in the sidebar, aligning with the overall goal of providing peripheral awareness without requiring the user to open the full application.

Ground 4: Claim 9 is obvious over Cadiz in view of Smith

  • Prior Art Relied Upon: Cadiz (Application # 2002/0186257) and Smith (Patent 6,333,973).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground addressed claim 9, which requires the software application to be a "telephone application" and the preview information to comprise the "identity of a calling party." Petitioner argued it would be obvious to adapt Cadiz's communications application to be a telephone application. Smith, which discloses an integrated message center for a mobile phone, explicitly teaches displaying notifications for incoming calls that identify the calling party by name.
    • Motivation to Combine: A POSITA would combine these teachings to provide more robust functionality on the mobile devices contemplated by Cadiz. Since Cadiz already teaches tracking contacts and their availability for communication, extending this system to also display caller ID information from Smith would be a logical and analogous step, promoting Cadiz's goal of providing a comprehensive, low-distraction peripheral display.

4. Relief Requested

  • Petitioner requested institution of an inter partes review and cancellation of claims 1-13 of the ’384 patent as unpatentable.