Palm Pre Infringement

1
Palm Pre 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)
• _at_300 each ? 1.3B sales
• Palm Treo sales down
• Smartphone revenue down 72 (Feb)
• to 77.5M on 482K units
• Total Palm revenue 90.6M
• iPhone Killer Palm Pre
• Expected release this quarter
• Necessary for Palm to survive

3
Patents in Dispute

• Apple has stated publicly that the prototypes of
  the Palm Pre 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 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.

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 Pre Infringe 949?

• It appears so, based on the videos.
• 2D Translation appears briefly in the Engadget
  Pre 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 Pre.
• The Palm Pre 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
Apples Patent US 7,469,381and Palm Pre
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
Whats 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-t
  he-in-depth-analysis/cont

30
Infringement

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

31
Closer view- The Chart

• Element
• Interpretation
• Pre product

32
Chart example
33
Claim 1. and Palm Pre
34
Claim 1. and Palm Pre
35
(No Transcript)
36
Claim 1. and Palm Pre
37
Claim 1. and Palm Pre
38
Claim 1. and Palm Pre
39
(No Transcript)
40
Claim 1. and Palm Pre
41
Claim 1. and Palm Pre
42
(No Transcript)
43
Claim 1. and Palm Pre
44
Claim 1. and Palm Pre
45
Claim 1. and Palm Pre
46
(No Transcript)
47
Claim 1. and Palm Pre
48
Conclusion

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