Global Equity Management (Sa) Pty. Ltd. v. Ebay, Inc.

MOTION for Summary Judgment of Invalidity Pursuant to 35 U.S.C. §101

E.D. Tex.March 10, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION GLOBAL EQUITY MANAGEMENT (SA) PTY. LTD., Plaintiff, v. EBAY, INC. Defendant. Civ. No. 2:16-CV-0098-RWS-RSP DEFENDANT EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY PURSUANT TO 35 U.S.C. §101 Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 1 of 14 PageID #: 764 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 1 Plaintiff Global Equity Management (SA) Pty. Ltd. (“GEMSA”) filed this suit against Defendant eBay, Inc. (“eBay”) alleging, inter alia, infringement of U.S. Patent No. 6,690,400 (the “’400 patent”).1 Following claim construction, this Court issued its claim construction order (Dkt. 232), invalidating asserted claims 16 and 28 of the ’400 patent. (Id., at p. 99). Thus, claim 1 of the ’400 patent is the only remaining claim of this patent that GEMSA asserts against eBay. Pursuant to Fed. R. Civ. P. 56, eBay now moves for summary judgment of invalidity of claim 1 of the ’400 patent. For the reasons set forth below, there can be no genuine dispute of material fact that this claim fails to meet the requirements of patent eligibility under 35 U.S.C. § 101. I. INTRODUCTION Claim 1 of the ’400 patent is directed to “a graphical user interface” (“GUI”) that illustrates the partitioning of secondary storage devices and manipulation of multiple operating systems. The claim discloses the graphical display of generic computing elements, to allow users to visualize the allocation of a computer device’s resources to multiple operating system environments that are partitioned on the computer device. Thus, claim 1 is simply directed to the visual display of information on a computer screen, which is nothing more than an abstract idea. Further, claim 1 does not recite any of the underlying structures that are “illustrated” or “represented” in the claimed GUI, nor does it recite a particular manner for implementing the GUI beyond its display on a generic computer screen. Thus, this claim fails to include any element or combination of elements that would transform the graphical representation of an 1 See Declaration of Bryan J. Sinclair In Support of eBay’s Motion for Summary Judgment of Invalidity (“Sinclair Decl.”), filed herewith, Exh. A. Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 2 of 14 PageID #: 765 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 2 abstract idea into patentable subject matter. As a result, claim 1 of the ’400 patent is invalid as it fails to meet the requirements of patent eligibility under 35 U.S.C. § 101. II. LEGAL STANDARDS A. Motion for Summary Judgment. The question of whether a claim is directed to statutory subject matter is a question of law. In re Bilski, 545 F.3d 943, 951 (Fed. Cir. 2008) (en banc); Dealertrack, Inc. v. Huber, 674 F.3d 1315, 1333 (Fed. Cir. 2010). As such, the issue of validity under 35 U.S.C. § 101 is readily amenable to summary judgment because the dispositive inquiry is what is claimed in the patent. See, e.g., Bloomstein v. Paramount Pictures Corp., 215 F.3d 1351 (Fed. Cir. Sept. 3, 1999). “Summary judgment is appropriate in a patent case, as in other cases, when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Nike Inc. v. Wolverine World Wide, Inc., 43 F.3d 644, 646 (Fed. Cir. 1994). See also Fed. R. Civ. P. 56(a). A motion for summary judgment should be granted where the “only plausible reading of the claims” is that they fail to recite patent-eligible subject matter. Ultramercial v. Hulu, 722 F.3d 1335, 1340 (Fed. Cir. 2013); see also Dealertrack, 674 F.3d at 1333 (“for abstractness to invalidate a claim it must exhibit itself so manifestly as to override the broad statutory categories of eligible subject matter and the statutory context that directs primary attention on the patentability criteria of the rest of the Patent Act”) (internal citations omitted). B. Patent Eligible Subject Matter Under 35 U.S.C. § 101. Section 101 of the Patent Act states that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. § 101. If an alleged invention falls outside of the scope of these requirements, then it is not patent eligible. Within this context, “[l]aws of nature, natural Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 3 of 14 PageID #: 766 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 3 phenomena, and abstract ideas are not patentable.” Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107, 2116 (2013) (quoting Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289, 1293 (2012)). The Supreme Court has set forth a two-part test for determining whether a claimed invention is eligible for patent protection under Section 101. To determine whether a claim is eligible for patent protection, the Court must “first determine whether the claims at issue are directed to a patent-ineligible concept.” Alice Corp. v. CLS Bank, Int’l, 134 S. Ct. 2347, 2355 (2014). The Supreme Court has not established a definitive rule to determine what constitutes an “abstract idea” sufficient to identify a claim as directed to a patent-ineligible concept. Alice, 134 S. Ct. at 2357. This “directed to” inquiry does not simply ask whether the claims involve a patent-ineligible concept; rather, it applies a filter to the claims, considered in light of the specification, based on whether “their character as a whole is directed to excluded subject matter.” Internet Patents Corp. v. Active Network, Inc., 790 F.3d 1343, 1346 (Fed. Cir. 2015). Within this context, the question is not limited to whether the alleged invention is novel, but also whether the claim preempts the “building blocks” underlying a particular area of inquiry. See Alice, 134 S. Ct. at 2354 (if the patent claims sweep too broadly, or only claim the idea that was achieved rather than implementation of the idea, § 101 directs that the patent is invalid). If they are, the Court must then “consider the elements of each claim both individually and ‘as an order combination’ to determine whether the additional elements ‘transform the nature of the claim’ into a patent-eligible application.” Id. (quoting Mayo, 132 S. Ct. at 1297-98). However, neither the Supreme Court nor the Federal Circuit has articulated a “single, succinct, usable definition or test” to identify whether an idea is “abstract.” See Amdocs (Israel) Ltd. v. Openet Telecom, Inc., 841 F.3d 1288, 1294 (Fed. Cir. 2016). As a result, courts have Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 4 of 14 PageID #: 767 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 4 informed their determination of whether a claimed invention is “abstract” by examining prior cases in which the patented invention claims something similar. See EMG Technology, LLC v. Etsy, Inc., Case No. 6:16-cv-00484-RWS-JDL, 2017 U.S. Dist. LEXIS 28805 (E.D. Tex. Jan. 27, 2017) (Report and Recommendation of Magistrate Judge); 2017 U.S. Dist. LEXIS 28593 (E.D. Tex. Mar. 1, 2017) (Order Adopting Report and Recommendation). III. CLAIM 1 OF THE ’400 PATENT IS INELIGIBLE FOR PATENT PROTECTION. A. Under the Court’s Construction, Claim 1 is Directed to a Graphical User Interface That Visually Depicts the Organization of Computing Resources Among One or More Virtual Computer Environments. Claim 1 of the ’400 patent is an apparatus claim directed generally to a “graphical user interface,” and recites: A graphic user interface for displaying means for allocating a computer device's resources to multiple operating system environments, partitioned on individual virtual cabinets, on said computer device, said graphic user interface comprising: a main menu bar; a cabinet selection button bar; said cabinet selection button bar graphically representing at least one virtual cabinet; each said at least one virtual cabinet representing a discrete operating system; a secondary storage partitions window; a cabinet visible partition window; said secondary storage partitions window graphically illustrating at least one partition of at least one secondary storage device; said cabinet visible partition window graphically illustrating a cabinet record corresponding to a selected virtual cabinet on said cabinet selection button bar; and each said at least one cabinet visible partition window representing an operating system plus application software, databases and memory configured with said selected virtual cabinet. Sinclair Decl., Exh. A at 8:62-9:18 (emphasis added). Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 5 of 14 PageID #: 768 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 5 This Court construed certain language of this claim. (See Dkt. No. 232). First, the Court construed the preamble of claim 1 as non-limiting, finding that it “simply states the intended use of the invention.” Dkt. No. 232 at 25. Second, the Court construed “cabinet selection button bar” as a “collection of user-selectable graphical items, each graphical item representing a virtual cabinet.” Id. at 30 (emphasis added). Within this context, the Court described the “bars” of claim 1 as “collections of actionable items (e.g., buttons and pull-down menus).” Id. at 30 (emphasis added). Third, the Court construed “secondary storage partitions window” as “[a] window that depicts secondary storage devices and that is configurable to depict their partitions.” Id. at 39. Finally, the Court construed “cabinet visible partition window” as “[a] window that depicts one or more virtual cabinets and this is configurable to depict their files and partitions.” Id. at 42. In other words, under the Court’s construction, claim 1 is clearly limited to a GUI that visually depicts the organization of computing resources amongst one or more virtual computer environments (i.e., “cabinets”) within a given computer. The limitations do not affirmatively recite the underlying structures that are visually depicted, nor do they describe the underlying structures that are “illustrate[d]” or “represent[ed]” by the graphical elements of the claim. B. Claim 1 is Directed to An Abstract Idea. Based on the Court’s construction, there can be no doubt that claim 1 of the ’400 patent is simply directed to a GUI. Other courts have found similar claims directed to graphical computing elements, without more, to be abstract (and therefore patent ineligible). See, e.g., Affinity Labs of Tex., LLC v. Directv, LLC, 109 F. Supp. 3d 916, 942 (W.D. Tex. 2016) (a “graphical user interface” is a generic computer component that “itself does not amount to an inventive concept.”); Cloud Satchel v. Amazon.com, Inc., 76 F. Supp. 3d 553 (D. Del. 2014) Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 6 of 14 PageID #: 769 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 6 (same; noting that plaintiff did not even address defendants’ argument that “graphical user interface” is a generic computer component). In Apple, Inc. v. Ameranth, Inc., the Federal Circuit held that claims directed to “generating menus on a computer, or generating a second menu from a first menu and sending the second menu to another location” were patent ineligible abstract ideas. 842 F.3d 1229, 1240 (Fed. Cir. 2016). In Amernath, the abstract idea could be described as: (1) displaying information categorized in the form of menus on a graphical user interface; (2) selecting categories and items from a first menu; (3) generating a second menu; and (4) transmitting the second menu to a computing device or web page. See Ameranth, 842 F.3d at 1234. The Federal Circuit concluded that the claimed system organizing information in a menu format is directed to an abstract idea. See id. at 1241. In making this determination, the Federal Circuit explained that the claimed invention was abstract because it did not “claim a particular way of programming or designing the software to create menus that have [the claimed] features, but instead merely claim the resulting systems.” Id. Applying Ameranth, this District recently confirmed that “displaying information in a hierarchical tree format on a computer” is an abstract idea that does not qualify for patent protection. Etsy, 2017 U.S. Dist. LEXIS 28805, at *16-18. The asserted patents in the Etsy case were directed to systems and methods of (1) displaying information organized in the form a navigation matrix on a graphical user interface; (2) receiving information when a user makes a selection from a first layer of navigation matrix; (3) forwarding that information to a server to generate a second layer of navigation matrix; and (4) receiving the second layer of navigation matrix. Id., at *2. While explaining that prior art user interfaces were more user-friendly than command line interfaces, the patentee claimed that they were “still too cumbersome and Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 7 of 14 PageID #: 770 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 7 require[d] too much specialized knowledge for many people to use effectively. There [were] too many protocols, too many standards, and too many methods for performing seemingly simple tasks.” Id. at *3. The patent-in-suit purported to address this problem by providing “a simple user interface to navigate the Internet.” Id. In Etsy, the court found that “displaying information in a hierarchical tree format to easily navigate information on the Internet, as claimed, is an abstract idea.” Id. The same reasoning applies here, as the claims are simply directed to visually displaying the organization of computing resources amongst one or more virtual computer environments (i.e., “cabinets”) within a given computer. As in Etsy and Ameranth, the GUI of claim 1of the ’400 patent is nothing more than an abstract idea. Further, Enfish is inapposite here. While it is true that the claims here are similar to the claims in each of those cases in the sense that the claims involve a computer, the similarity ends there. In Enfish, LLC v. Microsoft Corp., the Federal Circuit found the claims were not directed to an abstract idea because they were “directed to a specific improvement to the way computers operate.” 822 F.3d 1327, 1336-37 (Fed. Cir. 2016). In particular, the claimed self-referential table for a computer database functioned differently than conventional database structures, which were technically inferior to the claimed invention. Id. at 1337. Importantly, the Federal Circuit explained that the claimed invention disclosed a “specific type of data structure designed to improve the way a computer stores and retrieves data in memory.” Id. at 1339. By stark contrast, unlike the claims in Enfish, claim 1of the ’400 patent does not solve a computer specific problem, nor does it disclose a specific improvement in the way computers operate. Rather, the claimed invention broadly covers the display of four graphical elements (“main menu bar,” “cabinet selection button bar,” “secondary storage partitions window,” and “cabinet visible Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 8 of 14 PageID #: 771 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 8 partition window”) that “illustrate” or “represent” underlying computing elements. Nothing in the claim language suggests that it recites a technologically superior system compared to other ways of organizing and displaying information or a particular improvement to the functioning of the computer itself, like the data structure claimed in Enfish, which was a technical improvement over conventional database structures and improved “the way a computer stores and retrieves data in memory.” Enfish, 822 F.3d at 1337-39. C. There Are No Additional Elements That Transform Claim 1 of the ’400 Patent Into a Patent-Eligible Application. The next inquiry in the Section 101 analysis is to determine whether additional elements of the claim transform it into patent-eligible subject matter. Alice, 134 S. Ct. at 2355 (if a claim is directed to an abstract idea, one must “consider the elements of [the] claim both individually and as an ordered combination to determine whether the additional elements transform the nature of the claim into a patent-eligible application”). Here, the answer is no. “An inventive concept that transforms the abstract idea into a patent-eligible invention must be significantly more than the abstract idea itself, and cannot simply be an instruction to implement or apply the abstract idea in a computer.” Bascom Glob. Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1349 (Fed. Cir. 2016). Whether analyzing claim 1 alone, or this claim in conjunction with the ‘400 specification, the “inventive concept” inquiry fails to establish patentability in this case. Claim 1 itself recites no claim elements, whether taken alone or in combination, that transform the claimed invention into something beyond a mere graphical user interface. Claim 1 does not recite structure designed to improve the way a computer operates, either in a single limitation or in the combination of recited elements in their entirety. This is unlike the claimed invention in Enfish, which was “directed to a specific improvement to the way computers Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 9 of 14 PageID #: 772 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 9 operate.” 822 F.3d at 1336-37. In Enfish, the claim recited a self-referential table for a computer database that functioned different from conventional database structures, which were technically inferior-i.e., the claimed invention disclosed a “specific type of data structure designed to improve the way a computer stores and retrieves data in memory.” Id. at 1339. That is not the case here. Claim 1 of the ’400 patent does not recite any technology elements (e.g., hardware components), let alone any new technology elements for displaying the recited “bar[s]” and “window[s].” Instead, as GEMSA argued during the claim construction process and, as the Court has construed the claim, there are no structural elements to this claim. To the extent that there is any structure in claim 1, it is found in the preamble-i.e., “means for allocating a computer device’s resources to multiple operating system environments, partitioned on individual virtual cabinets, on said computer device.” Sinclair Decl., Exh. A at 8:62-66. But, as GEMSA argued at claim construction, and the Court agreed, the preamble of claim 1 is not a limitation. Dkt. 232 at 25 (“The preambles [of claims 1 and 16 of the ‘400 patent] are not limiting. The preamble simply states the intended use of the invention.”); see also Dkt. 169 at 8, 14-15. Without the preamble, claim 1 recites nothing more than a number of graphical elements that “illustrat[e]” or “represent[]” computing elements, without any express requirement for underlying computing elements themselves. Sinclair Decl., Exh. A at 9:1-18 (reciting the limitations of claim 1, which represent and illustrate “virtual cabinet[s],” “partition[s],” “operating system[s],” “application[s],” “memory” and “databases” but do not affirmatively require any of the underlying represented structure). Even if GEMSA now argues that claim 1 recites computer structure, that does not save claim 1 from invalidity. Again, the ’400 patent discloses that the claimed GUI is designed using Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 10 of 14 PageID #: 773 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 10 standard tools for creating graphical user interfaces that were well known to those of skill in the art. Sinclair Decl., Exh. A at 3:13-17, 5:60-67; id., Exh. B at 108:10-110:24 (Transcript of the Deposition of GEMSA’s Expert Dr. Craig Rosenberg, taken September 30, 2016); see also Dkt. 232 at 39:20-40:24. Additionally, the ‘400 specification references hard disk partitions, a “virtual table of contents,” and standard power management and configuration tools that were all known in the art-i.e., it recites a “generic computer implementation.” But “generic computer implementation” does not “transform that abstract idea into a patent-eligible invention.” Alice, 134 S. Ct. at 2357. Here, there is no disclosure of an algorithm that was not otherwise known in the art, or new computer hardware or any inventive use thereof, that could support a finding that the specific GUI of claim 1 improves upon the known computer technology. As a result, claim 1 of the ‘400 patent fails to meet the second element of the Mayo/Alice test. D. There are no Material Disputes as to the Scope of Claim 1. There can be no doubt that claim 1 is directed solely to the GUI itself, not tied to any specific technology or improvement to computers thereto. The specification of the ’400 patent states that the “invention [of the patent] is a Graphic User Interface (GUI) that enables a user to virtualize the system and to define secondary storage physical devices through the graphical depiction of cabinets.” Sinclair Decl., Exh. A at Abstract (emphasis added). The specification further discloses a number of prior art technologies that were available for use in creating the claimed GUI, irrespective of any underlying computer operations that may occur in response to manipulation of the graphical representations of the GUI. See id. at 3:13-17. And the patentee stated during prosecution of the ’400 patent that, “[a]s disclosed in the ‘Background of the Invention,’ this invention enables multiple operating and super operating systems to graphically depict the allocation of computer resources to one or more operating systems from the same or different software developers and select one or more of the existing Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 11 of 14 PageID #: 774 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 11 environments to boot and run on the computer.” See Sinclair Decl., Exh. C (“Response to Office Action, dated Sept. 4, 2002”) at 10 (emphasis added). The patentee also distinguished over the prior art by claim 1’s “visual depiction” of certain design elements: Claim 1 includes a cabinet selection button bar and a cabinet visible partition window. These elements provide visual depiction of the virtual management of cabinets in the present invention. Sinclair Decl., Exh. C at 12 (emphasis added). Thus, the patentee consistently referred to his alleged invention as being a graphical user interface that provides a visual (or graphical) depiction of certain computing elements, without affirmatively reciting these computing elements themselves. Id. (“The prior art does not teach or suggest the [cabinet selection button bar and cabinet visible partition window] limitations these elements support in the current invention.”). GEMSA’s own technical expert agrees: …I would say that the invention that seems to be disclosed [in the ‘400 patent] is the front end. It’s that graphical user interface to allow for a much more user friendly manipulation of your virtualization environment as opposed to, let’s say a command line interface, where you would have a command and many different options that would be far less intuitive and usable from a human factors perspective. Sinclair Decl., Exh. B at 17:24-18:17. See also id., at 16:7-22 (“…I see the disclosure in this [‘400] patent, and essentially the whole invention, around the graphical user interface, and not so much as the technical details of how virtualization is accomplished”). (emphasis added). Thus, there can be no genuine dispute of material fact as to the scope of claim 1: by the words of the patent, the inventor, and GEMSA’s own expert, claim 1 merely recites a combination of graphical elements, created using known computing methods, that fails to recite any corresponding underlying structure. Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 12 of 14 PageID #: 775 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 12 IV. CONCLUSION For the reasons set forth above, claim 1 of the ’400 patent is directed to an abstract idea and has no claim limitations, when analyzed individually or in combination with the remainder of the claim, that would transform this abstract idea into a patent-eligible invention. As such, claim 1 of the ’400 patent fails to comply with the requirements of 35 U.S.C. § 101, and this Court should grant summary judgment of invalidity. Dated: March 10, 2017 Respectfully submitted, /s/ Bryan J. Sinclair Bryan J. Sinclair, pro hac vice California Bar No. 205885 bryan.sinclair@klgates.com Audrey Lo, pro hac vice California Bar No. 253738 audrey.lo@klgates.com K&L Gates LLP 630 Hansen Way Palo Alto, CA 94304 650.798.6700 650.798.6701 Facsimile Benjamin Weed, pro hac vice Illinois Bar No. 6294052 benjamin.weed@klgates.com K&L Gates LLP 70 West Madison Street, Suite 3100 Chicago, IL 60602 312.372.1121 312.827.8000 Facsimile Attorneys for Defendant eBay Inc. Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 13 of 14 PageID #: 776 EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER 35 U.S.C. § 101 PAGE 13 CERTIFICATE OF SERVICE The undersigned hereby certifies that on March 10, 2017, the foregoing document was served on all counsel of record who have consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(a)(3). /s/ Bryan J. Sinclair Bryan J. Sinclair Case 2:16-cv-00098-RWS-RSP Document 39 Filed 03/10/17 Page 14 of 14 PageID #: 777 DECLARATION OF BRYAN J. SINCLAIR IN SUPPORT OF EBAY, INC.’S MOTION FOR SUMMARY JUDGMENT PAGE 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION GLOBAL EQUITY MANAGEMENT (SA) PTY. LTD. Plaintiff, v. EBAY INC., Defendant. CIVIL ACTION NO. 2:15-cv-00098-RWS- RSP JURY TRIAL DEMANDED DECLARATION OF BRYAN J. SINCLAIR IN SUPPORT OF DEFENDANT EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY PURSUANT TO 35 U.S.C. §101 I, Bryan J. Sinclair, declare: 1. I am an attorney licensed to practice law before all courts in the State of California and am admitted in the United States District Court for the Eastern District of Texas pro hac vice. I am a partner at K&L Gates LLP in its Palo Alto, CA office. I, along with other attorneys at K&L Gates LLP, represent Defendant eBay Inc. (“eBay”). I submit this declaration in support of eBay’s Motion to Transfer Venue to the Northern District of California. 2. I have personal knowledge of the matters set forth herein, except as to those matters set forth on information and belief, and as to those I am informed and believe them to be true and could and would competently testify thereto. In making this declaration, it is not my intention, nor the intention of Defendant to waive the attorney-client privilege, the attorney-work product immunity, or any other applicable privilege. 3. Attached as Exhibit A to this declaration is a true and correct copy of United States Patent No. 6,690,400 (the “’400 patent”). Case 2:16-cv-00098-RWS-RSP Document 39-1 Filed 03/10/17 Page 1 of 2 PageID #: 778 DECLARATION OF BRYAN J. SINCLAIR IN SUPPORT OF EBAY, INC.’S MOTION FOR SUMMARY JUDGMENT PAGE 2 4. Attached as Exhibit B to this declaration is a true and correct copy of excerpts from the transcript of the deposition of Dr. Craig Rosenberg, taken September 30, 2016. 5. Attached as Exhibit C to this declaration is a true and correct copy of the patentee’s response to Office Action on the ’400 patent, dated September 4, 2002. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 10, 2017 at Palo Alto, California. /s/ Bryan J. Sinclair Bryan J. Sinclair Counsel for eBay Inc. Case 2:16-cv-00098-RWS-RSP Document 39-1 Filed 03/10/17 Page 2 of 2 PageID #: 779 Exhibit A Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 1 of 25 PageID #: 780 (12) United States Patent Moayyad et al. (54) GRAPHIC USER INTERFACE FOR RESOURCES MANAGEMENT OF SUPER OPERATING SYSTEM BASED COMPUTERS (75) Inventors: Parviz Moayyad, Houston, TX (US); Schumann Rafizadeh, Highlands, TX (US) (73) Assignee: Flash Vos, Inc., Houston, TX (US) ( *) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days. (21) Appl. No.: 09/409,013 (22) Filed: Sep. 29, 1999 (51) Int. Cl? .................................................. G09G 5/00 (52) U.S. Cl . ........................ 345/779; 345/966; 345!775 (58) Field of Search .............................. 345/440.2, 440, 345/779, 781, 810, 828, 841, 902, 966, 771, 804, 775 (56) References Cited U.S. PATENT DOCUMENTS 5,550,970 A 5,751,287 A 5,945,998 A 6,133,915 A 80 * 8/1996 Cline et a!. ................. 345/161 * 5/1998 Hahn et a!. ................. 345/351 8/1999 Eick * 10/2000 Arcuri et a!. ............... 345/334 n cabinet o Icon I Gil 111111 1111111111111111111111111111111111111111111111111111111111111 US006690400B 1 (10) Patent No.: (45) Date of Patent: US 6,690,400 Bl Feb.10,2004 6,229,539 B1 * 5/2001 Morcos eta!. .............. 345/352 * cited by examiner Primary Examiner-Kristine Kincaid Assistant Examiner---Mylinh Tran (74) Attorney, Agent, or Firm-Kenneth A Keeling (57) ABSTRACT This invention is a Graphic User Interface (GUI) that enables a user to virtualize the system and to define sec- ondary storage physical devices through the graphical depic- tion of cabinets. The GUI allows the user to assign each cabinet a name, and to define the cabinet by its software, which may include single or multiple operating systems, programs and/or data files. The user is also allowed to manipulate (format, copy, resize, delete, zip) memory par- titions in the secondary storage physical devices. The GUI also features graphically editable Internet hyperlinks for communication or remote management. Also, this invention uses a combination of Flash VOS VTOC and ACPI to perform "Cold Swaps" or "Context Switching", which remove one active OS temporarily from all or part of memory and replace it with another active OS in all or part of memory. Information can be shared by multiple Operating Systems through the defined access to Shared Devices or Shared Partitions. The GUI can be used on a variety of computer systems, including multiple operating system and super operating system based computers. 39 Claims, 17 Drawing Sheets ??? NO NAME 89 89 89 89 89 89 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 2 of 25 PageID #: 781 10~ 60 .......... 68- 5.../ 6 o-....., ' 30 3 1 2-...... 3 3 3-...... 8 o-...., .PI Operating System Manager Level 0 Version: 1.00 Alpha ~mJ] file Yiew .Qabinet fartition Qptions Iimer .ttelp QebuQ,-67 >-~~ 69"'-~~ I o I 66 •/i iJ New Cabilet Delete Cabinet Save Vtoc Boot Now Start Timer New Partition Deere ~00 i 0 ~ •n1 - 11 20-........ ¢:J '-100 .,--21 r-35 .,--20 ~ " / ~I / / I ~ / I / I / ~ II' J g cabinet 8 Cabinet ~ g Cabinet Icon Icon - Icon I I I I C!!!] C!!!.1 n ·-· I~ I ,_, I; m ll I ·-· 1/ ~ Cabinet Name Cabinet Name Cabinet Name ~ 0/S Version 0/S Version 0/S Version ~Remote Manager Remote Manager Remote Manager •111 II :~-Disk 0 ~ ~ fD Windows NT -af.w · 98 &DOS ~ NTFS NTFS ??? ~ ~C'UADr::n ~ File Name FAT-16 NO NAME •n1 II rn D 0.../ II 8 I[• ~20 / I / I /. ~ 8 cabinet Icon I C!!!] I I ,_, I; Cabinet Name 0/S VP.r~inn Remote Manager lrn a 0.12 Meg !::=! 1.72 Meg J ~ I I ~ ~ Unk :..-- :::: Unk - / Unk -v Unk / - Unk - / -/: Unk i';'i ' 1- 1- - 1- -- 89 89 89 89 89 89 FIG. 1 95 -· d • \Jl • "!"j ~ "?' '"""' ~= N c c ~ 'JJ. =-~ ~ ..... '"""' 0 ......, '"""' -..J Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 3 of 25 PageID #: 782 d • Jll Operating System Manager Level 0 Version: 1.00 Alpha ~~ \Jl • file ~iew Cabinet fartttion .Qptions Iimer Help Debug ~I Nt.v ~rtit~ ij a iJ il Ill [Q] Delete Partition Format Partition Copy Partition Format Partition Zip Partition l3l II Ill .. Is~~~ ¢:J ~ .,.-99 Master Cabinet List L -~ f{:JVtoc I H n n / ~ Change Password ........... ~ ... ~ IIJ Cabinet I B Enter new password twice Unk ?= f-m I Cabklet ~ II I f-IB I cabinet Unk !:::: I I I = rm IICabinet Sid Cabinet Name m Cabil H3 (II Cabinet Unk w 0: II I ~ Cancel I QK -m I Cabinet Master Partition List = ll?g My PC ~ L fiJI Novell J rmiJ Cabinet Unk -sliJcabinet rt-l~ Oii 0 2.46Meg = e!J NetWare 3 + ??? fj I w 98 &DOS FAT-16 t«l NAME I :m IJ Cabinet Unk :a SHARED FAT-16 OONAME ~ -sflcabinet Unk ~Ill u III ~Ill II ~J ~It Jl DE ~ D I s~ or start boot tiner II 9 I I FIG. 2 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 4 of 25 PageID #: 783 d • /II Operating System Manager Level 0 Version: 1.00 Alpha ~~ \Jl • file Ylew .Qabinet fartition Options Ilmer Help Debug •la a a iJ il np~IOI w Start Timer ew Parltion Delete Partition R>rrnat Partition Copy Pcrtition Format Partition 4] II II [._. lsy~~ ¢;:J ~ I • I I II I / ~ Cabinet Properties ~~ ~ IB Cabinet r;J II Cabinet Name IIIOabinet Namelll Unk Icon Text -o Icon Text Color ![Default 181 = II C5l lilt --oiNamel Unk II v Background Color I Default a -o Version Unk Cabinet Name IDialog al - D Reroote Manager Font 0/S Version -D Password v-45 Remote Manager _... Unk 4111 ~eQlMyPCI • t 11 Cabinet Name I ~ Unk F= -EJie Disk 0 2.46 Meg = ~ SHARED File FAT-16 NO NAME 0.74 Meg !::::: r-mte Disk 1 2.46 Meg ~ ~ 0/S File FAT-16 SYSTEM 2.21 Meg ~ Unk ~ l!,...l 01 II 8 I I FIG. 3 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 5 of 25 PageID #: 784 0 Cabinet Name Dlcon DName DIVersion I Text livers ion Number I~ Text Color I Default a Background Color I Defau It a o Remote Manager Font 2.46 Meg 2.46 Meg 50 t liJI Cabinet Name I ~ SHARED Fde FAT·16 C!J 0/S File FAT-16 NO NAME 0 j) Unk Unk Unk Unk d • \Jl • ~ ~ ...... ~ = ...... "'!"j ~ "?' '"""' ~= N c c ~ 'JJ. =-~ ~ ..... ~ 0 ......, '"""' -..J e rJ'l -..a-.. a-.. \0 Q 'l. Q FIG. 4 Q ~ 1--" Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 6 of 25 PageID #: 785 d • /II Operating System Manager Level 0 Version: 1.00 Alpha ~~ \Jl • file ~iew Cabinet fartition Qptions ]mer Help Qebug •ta a iJ Cqly 'artilion il Zip! [Q] w Start Timer ew Partition D~ete Partition Format Partition Format Partition 4] II 11 [• ~~~I ¢:J '* I I II I II I / ~ Cabinet Properties ~ ~ g Cabinet ~ 11 Cabinet Name Unk Icon -o Icon ,.. Remote Manager = II [3] !fi1 -o Name f.-55 ~ Option 1 Unk II / _./ 1J Option 2 -o Version Cabinet Name - DIRemote Manager I ll Option 3 Unk 0/S Version -D Password rii None Unk Remote Manager ~Ill Hp~~yPCj ~ • Unk t 1111 Cabinet Name I = -€ Disk 0 2.46 Meg = (!] SHARED Ale FAT-16 NO NAME 0.74 Meg = -m~ Disk 1 2.46 Meg ~ 1::1 0/S File FAT-16 SYSTEM 2.21 Meg ~ Unk t;l 01 II 8 I I FIG. 5 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 7 of 25 PageID #: 786 d • Operating System Manager Level 0 Version: 1.00 a \Jl • il Format Partition "'!"j ~ "?' '"""' ~= N 40 Type Name c c ~ I bitmap ~ ~I File Name I~ Unk @ @ @ @ 'JJ. =-~ ~ Unk ..... Ale Name FileName RleNatm Ale Name 0'1 0 @ @ @ @ ......, '"""' Unk -..J t IIJI Cabinet Name! Unk e 0 2.46 Meg C!l SHARED File FAT-16 NO NAME rJ'l 1 2.46 Meg C!l 0/S Ale FAT-16 -..a-.. a-.. \0 Q 'l. Q FIG. 6 Q ~ 1-" Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 8 of 25 PageID #: 787 d • Rl Operating System Manager Level 0 Version: 1.00 Alpha ~~ \Jl • file View {!abinet Partition Qptions Timer Help Debug • ij 8 iA iJ i4 np~IOI w Start Timer ~ew Partition Delete Partition Format Partition Copy Partition Format Partition 4]1 II 11 [• I~~~ ¢::J ~ Jr I I 1 n I / ~ Cabinet Properties IJ;a~ ~ 8 Gabinet r;J IJ Cabinet Name Unk Icon Enter password twice r-o Icon ij I II = II GriEl ~ -o Name Unk I (';) -o Version ~ ~ Cabinet Name - D Reroote Manager Unk 0/S Version "-ol Password I -..... Remote Manager '--62 ij ~ Unk OK •u1 E~giMyPCI ~ .. Unk t 1111 Cabinet Name I = -mtra Disk o 2.46 Meg = C!l SHARED File FAT-16 NO NAME 0.74 Meg = -m~Disk 1 2.46 Meg 9 C!l 0/S File FAT-16 SYSTEM 2.21 Meg ff[ Unk l';'l 01 II 8 I I FIG. 7 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 9 of 25 PageID #: 788 85-1 80 " 1 so .... 1 82- JJ Operating System Manager Level 0 Version: 1.00 Alpha file Yiew Cabinet fartition Options Iimer Help Qebug I De~ l!met I s!oc /) •!a 8 New Cabinet Boot Now Start Timer New Partition Delete Partition ~Ill II lit ¢;J ~ / ~ / ~ / ~ / ~ 8 Cabinet Icon 8 Cabinet Icon 8 Cabinet Icon 8 Cabinet Icon I I I I I I II 'I~ t=J IS] I:Si!] I'OEEI II / I Giil II/ I CEJ lv I I:Si!] 1/ ~Ill II IIII ~-~g My PC ~186 ~ r;J 11 Cabinet Name / 91 .. ~ Disk 0 2.46 Meg = - ~ SHARED Ale FAT-16 NO NAME 0.74 Meg \~ f@ IW'98 &DOS FAT-16 II\ 92 -~lots Ale ~SHARED FAT-16 FAT-16 SYSlEM 2.21 Meg I ·~Disk 1 2.46 M~ ~'--181 ~ ~II II D 8 I I '-90 d • \Jl • lt;llti~ [QJ Is~~~ Unk ~ !:: Unk Unk Unk Unk Unk ~ FIG. 8 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 10 of 25 PageID #: 789 d • jl Operating System Manager Level 0 Version: 1.00 Alpha !Q!ijB \Jl • file View ~abinet fartition Qptions Iimer Help Qebug I ~ 1lm I JJWoc I B~ow •!a fJ [Q] New Cabinet Start Timer New Partition Delete Partition •n1 II lit l~!rral ¢:I ~ / ~ / 7. / ~ / ~ If ~ g Cabinet 8 Cabinet 8 Cabinet 8 Cabinet Unk Icon Icon Icon Icon I I I I I I = 1ti C5D C!!E) C!EJ Unk ·-· II; I ·-· lv I Ce:J lv I ,_, 1/ 11.111 II m Unk 81 -@ IW'98 &DOS FAT~16 I ~ liD Cabinet Name Unk :a SHARED FAT-16 = [!] SHARED Ale FAT~16 NO NAME 0.74 Meg -m~Disk 1 2.46 Meg ~ l.! 1ft 111'\1'11'1 ... .,. ~,. lift li&UP' .f 01'1 u,., I ~nk -m~Disk 2 2.46 Meg 94 ..,~ ·Boot Cabinet From W'98 &DOS Partttio n -m~Disk 3 2.46 Meg ~ 93 .., Remover PartHian W98 &DOS '-190 link 4 II II) _r82 9 ....., II 8 -.... I I FIG. 9 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 11 of 25 PageID #: 790 jl Operating System Manager Level 0 Version: 1.00 Alpha Ble ~iew kabinet fartition Options Iimer Help Debug IP=======-==-=====¢::1=========~=====11 Master Cabinet Ust /II 1 [ ~ 0 Vtoc 11 By Internet f-m IICabinet Link ~ ~ lliJ Cabinet It---ill rm II Cabinet Link = L l!i re I Cabinet 11---11 rm fjJ Cabinet Link Cabinet Name I Cabinet Name II Cabinet Name II Cabinet Name ~ " m• rml Cabinet 11---11 Master Partition list leg My PC ~ 0 2.46Megl == -m~l ~ Di:-:-sk ----:------r-r::~ -m~ Disk 1 2.46 Meg -mte Disk D Selected Cabinet List t iD I Cabinet Name I C!l SHARED File FAT-16 C!l 0/S File FAT-16 7 I '-ao ~ I Cabinet Link NO N f-m I Cabinet SYSl f-m I Cabinet Link LttJ nil Cabinet I!IJ Unk ~ "'--90 d • \Jl • 91 FIG. 10 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 12 of 25 PageID #: 791 anager Level 0 Version: 1.00 on Qptions Iimer Help Debug Disk 0 2.46 Meg Disk 1 2. 46 Meg Unk Unk Unk Unk d • \Jl • FIG. 11 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 13 of 25 PageID #: 792 d • \Jl • / /. Count g cabinet Icon Enter number of cabinets desired Q!!!l lloll! I QK ~ II ¥ancel II 'JJ. =-~ ~ ..... Unk '"""' N 0 ......, '"""' Unk -..J Link Disk o 2.46Meg NO NAME 0.74 Meg e rJ'l Disk 1 2.46 Meg SYSTEM 2.21 Meg Link -..a-.. a-.. \0 Q ~ Q FIG. 12 Q ~ 1--" Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 14 of 25 PageID #: 793 d • /) Operating System Manager Level 0 Version: 1.00 Alpha .,...--6o ~~ \Jl • file ~iew ~abinet fartition Qptions Iimer Help Debug , _,..---65 ~ I a./64'-a ij./64"'-..~ ,I ii./64"'-..IIJ [Q] mer New Partition Delete Partition Fonnat Partition Copy Partition Format Partition ~ Partitkm [i]l II 111• lay~~~ ¢,1 ~ / / /, ... B~' I i ~~ Unk := 8 Icon fl CIEJ CI!!D 11.1! = II l3iiD link Cabinet Name Cabinet Name Cabinet Name Cabinet Name Unk 0/S Version 0/S Version 0/S Version 0/S Version Remote Manager Remote Manager Remote Manager Remote Manager 4JI II m• link giMyPCj ~ t 1 Cabinet Name Unk HB~ Disk 0 2.46 Meg = C!J SHARED File FAT-16 NO NAME 0.74 Meg rmtB Disk 1 2.46 Meg [!] I 0/S Ale FAT-16 SYSTEM 2.21 Meg I Unk -~ ~ ~ D I 9 I I FIG. 13 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 15 of 25 PageID #: 794 /) Operating System Manager Level 0 Version: 1.00 Alpha file ~ew Qablnet fartition Qptions !imer Help Debug [3]1 E1 Open ... !=;:~Available Internet Button Files Internet Site II File Name I Bl ij ~ Cabine1 0/S \II Remote I ~ eg~ r-mte -mleJ -~ D I I !lrowse II By Internet Buttons 4111 u~ u~ u~ Button Button Bufton 97~ Unk Button Link Button Unk / II Available Internet Buttons Unk Button d • \Jl • I Cancel II ly Internet I !!Pdate !j Unk ~ Unk Button Unk = r---- 'f-ink I ~< Less ~ ~_98 '{.ink '{.ink ~nk ~ I FIG. 14 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 16 of 25 PageID #: 795 d • j) Operating System Manager Level 0 Version: 1.00 Alpha ~B \Jl • file ~lew ~abinet fartition Options Iimer Help Debug 13~ 1 a ~ a ~ il 111 [Q] Stop Timer New Partition Delete Partition Format Partition Copy Partition Format Partition ~P Partition 00 II m• ~~~~ ¢::' ~ Master Cabinet list llEJVtoc / I. / I. / 7 / ~ B~inet I fi B~iret -{f) llcabinetl ~ Unk = Icon Icon rml Cabinet ~I ca:J Ciiiil rsl Cabinet Unk = '/ I/ rmiiiJ Cabinet Cabinet Name m Cabinet Name W Cabinet Name II Cabinet Name ~II cabinet Unk ~ II m• Master Partition list Selected Cabinet List rsiJCabinet 1eQMyPC ~ t IIJI Callinet Name I rm II Cabinet Unk -{f) I Cabinet -m~ I Disk 0 2.46Meg I = ~ SHARED File FAT-16 NON -m~ Disk 1 2.46 Meg El 0/S File FAT-16 SYST -{f) Ill Cabinet Unk -Gl~ Disk 2 2.46 Meg f;' 4±1 Ill Cabinet Unk ~Ill II lr. ~Ill II lr. 11~111 II ~ ~ D II 1 I I Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 17 of 25 PageID #: 796 111 111 111 111 """ """ J J ;?I Operating System Manager Level 0 Version: 1.00 Alpha Eile Y.iew ~abinet ,Eartition Options ]mer Help Debug ~I New~ 8 ij Copy frllioo • Ill Delete Partition FoonatPartition Format Partition z~ Partition 111 1r 111• ¢:1 ~ ..,-110 Master Cabinet Ust / I 1 n ~ H II I / ~ I~ u:!Vtoc Shrink Partition Dialog ............ Ill inet ~ string ~ inet ~ 2,873 II inet i] Percent Next Partition Free Space -:---1 ~ 3,527 0 3,527 ~ Jlnet -.m Sectors 654 Sec Free Space Discarded Sec ~= Jinet ..[J MegaBytes Free Space Discarded 4] Cylinders ~ 2,873 654 Sec 3,527 ~ inet 2873 1,81 Sec Free Space Retained Free Space Retained lnet 111,055 1,818 Sec 2,87311 linet Partition Data Jinet I 12 1,055 ~ Sec 1inet t;" 1:::::!. nm 0 I Stop (J slar1 boot timer II 9 I I d • (I;JICIII!ll \Jl • [Q] lay~~ Unk ~ = Unk Unk Unk Unk Unk 9 FIG. 16 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 18 of 25 PageID #: 797 U.S. Patent Feb. 10, 2004 Sheet 17 of 17 ~ 0% ~ Verify Partition ~ 0% ~ ®Yes II II 0% ONo II II 0% II OK I II Cancel II I - = Re$CIR. ...mtfto94p\6Hk3im Ale~rm-e: IXSfAI:.16 LaB: ~t¥M: SE 1.72Mg @ Verify Partition ®Yes o No US 6,690,400 Bl 120 format ]121 125 OK II Qancel II I format II FIG. 17 Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 19 of 25 PageID #: 798 US 6,690,400 Bl 1 GRAPHIC USER INTERFACE FOR RESOURCES MANAGEMENT OF SUPER OPERATING SYSTEM BASED COMPUTERS CROSS-REFERENCE TO RELATED APPLICATIONS This application contains subject matter which is related to the application "Storage Manager for Computer Devices and Method for Manipulating Secondary Storage", Ser. No. 90/283,418, Art Unit 2783, filed on Apr. 1, 1999 by Shu- mann Rafizadeh, assigned to Flash Vos, Inc. STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT Not applicable. TITLE OF THE INVENTION Graphic User Interface for Resources Management of Super Operating System Based Computers. BACKGROUND OF THE INVENTION 2 Similarly, when certain operating systems, such as the Windows family of operating systems, are loaded from secondary storage to main memory, they are designed to monopolize and re-configure the entire computer system, 5 including secondary storage devices, to suit their particular requirements and parameters. If more than one operating system is to co-exist in the same physical device (as is the case in super operating systems), then such operating sys- tems must be restricted from accessing any portion of the 10 secondary storage address blocks that contain the other operating systems. Therefore, it would be beneficial to the prior art to provide a GUI tool for a user to manage system resources and restrict access to pre-specified resources. Typically, upon Power On or Restart the computer BIOS 15 transfers (or boots) the single operating system that controls the entire computer resources. These resources are distrib- uted and managed between the applications, users or system invoked for operation. This GUI invention will allow the users to run optionally any application they wish run on their 20 computer, by allowing the user to allocate and manage the system resources between one or more environments, such as cabinets or partitions, using one or more operating systems compatible with that system's hardware. A portion of the disclosure of this patent document contains material which is subject to copyright protection. The copyright owner has no objection to the facsimile 25 reproduction by anyone of the patent document or the patent disclosure, as it appears in the Patent and Trademark Office patent file or records, but otherwise reserves all copyright Furthermore, this GUI will facilitate user access to the Internet with or without traditional browsers by using any applications, both Operating System (OS) present and No-OS stand-alone, capable of communication with the Internet or another remote computer. rights whatsoever. 1. Technical Field 30 This GUI also facilitates local or remote reporting or manipulation of computer system environments, including storage size, user time allocation, user privileges, sharing and security of data, separations of potential users (such as parents and children, teachers and students or classes), This invention relates generally to computer operating systems, programs and databases, and more particularly, to graphic user interfaces allowing storage management and manipulation of multiple operating systems. 2. Background Information 35 different accounting periods and systems. This invention. relates generally to Graphic User Inter- faces (GUI), applicable to various computer operating systems, including Multiple and Super Operating Systems. Specifically, this invention enables such computers to allo- 40 cate computer resources graphically to one or more operat- ing systems from the same or different software developers and select one or more of the existing environments to boot and run on the computer. Thus the user will be able to operate on the same computer to select multiple applications 45 from various suppliers designed for various stand-alone operating systems or computers. This invention is particularly useful in conjunction with super or higher level multiple operating systems or multi- boot environments. Super operating systems allow computer 50 users to load multiple operating systems from secondary storage into main memory. This option frees the user from having to purchase software programs that are compatible with only one operating system, and further enables the user to benefit from the strengths of more than one operating 55 system without having to maintain multiple computers. When different users use a computer system at different times, there is currently no operating-system-independent way to protect the data appropriate for one user from other users. For instance, parents who use a computer for business purposes cannot, in general, protect their critical data while allowing children to play games on the same system. It would therefore be beneficial to the prior art to provide a GUI Interface for allocation of secondary storage device that can restrict access to a pre-specified section, independent of any operating system, in the form of Virtual Cabinets (Cabinet Records, hereinafter referred to as "Cabinets"). A cabinet is defined herein as a virtual storage device, capable of containing, typically through the use of virtual table of content pointers, all (or partitions of) shared (or non-shared) operating systems, application software (both OS dependent and No-OS embedded), databases and memory. Prior art known in the industry includes power manage- ment and configuration tools and standards such as Advanced Configuration and Power Interface (ACPI), Sys- tem Table of Contents and Organizations such as Flash Vos Dynamic or Static Virtual Table of Contents (VTOC) and Self Virtualizing Storage. ACPI is a power management specification that enables the operating system to control the The cornerstone of a super operating systems GUI is system virtualization, in which physical devices, such as a hard disk and memory, are mapped repeatedly or partitioned into a number of logical devices, each containing a separate operating system. These partitions, however, need to be set up as stable and rigid partitions or mappings so that the operating systems do not mix, intermingle, call on each other, or exchange data, unless the user desires such exchange. It would thus be beneficial to the prior art to provide a GUI mechanism that enables such system man- agement locally or remotely. 60 amount of power given to each device attached to the computer. With ACPI, the operating system can turn off peripheral devices, such as CD-ROM players, when they are not in use, or can automatically power up the computer as soon as an input device such as a mouse is moved. The Flash 65 Vos Dynamic or Static Virtual Table of Contents (VTOC) is part of a Storage Manager, wherein relevant identifying information is contained for each Partition of secondary Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 20 of 25 PageID #: 799 US 6,690,400 Bl 3 storage. At least one Cabinet is created, containing a list of Partitions. Each Cabinet can have a separate list of Partitions, and each Partition can be included in more than one Cabinet. One of the Cabinets is designated as an Active Cabinet. Upon continuation of the boot sequence, the con- 5 tents (i.e., the list of Partitions within that Cabinet) replace the Partition list of the secondary storage device. If the secondary storage device is boatable, then the Partition within that Cabinet marked as boatable is bootstrapped and is loaded into main memory. The contents of the Partitions 10 and Cabinets may be modified by a user through a graphic user interface, such as described in this invention. Other related art includes Graphic User Interfaces such as Windows or Xwindows, Bitmap Graphics, VGA, SVGA, User Prompting, Pointing Devices and Internet (including 15 HTML) interfaces, all of which are known by those skilled in the art of computer programming. Prior art patents include the Eick '998 Patent (U.S. Pat. 4 System and OS Functions Partition Tools and Functions: Create, Delete, Format, Copy, Resize, Zip or Pack, Set Boo table Cabinet Tools and Functions: List, View, Default Boot, Boot, Create, Delete, Virtualization, Set Attributes, Invoke Cabinets Operating Systems Tools and Functions: Boot Option, Size, Logo, Security, Resources and Man- agement. Internet Functions This GUI window allows the user to use the Internet to remotely select other systems and organizations that are frequently accessed to be tailored and available for direct communication with or without requiring a specific (OS Dependent or Independent) browser or link up program. User Functions This window allows the user to select his most commonly used applications regardless of the specific OS or No OS environment and quickly access them from the GUI. Flash Vos Site access This GUI option allows users to access the Flash Vos Web site for update of their software, purchase or license of additional software and or information and products. Management Functions No. 5,945,998, issued Aug. 31, 1999). The '998 Patent discloses a software apparatus that displays subentities in a 20 computer program graphically, to allow the user to go to a subroutine or subentity without scrolling. The '998 Patent does not teach movement of operating systems within a super operating system environment to specified cabinets, partition modification or remote location control of partition 25 setup. BRIEF SUMMARY OF THE INVENTION This invention is a Graphic User Interface that enables a user to virtualize a computer system and to define secondary storage physical devices, in single or multiple/super oper- ating system environments. The system, at its firmware level, enables a user to define and alter the address bound- aries of the physical devices and memory. The address 35 boundaries of the physical devices are defined by the address boundaries of one of the logical devices, which has been partitioned or remapped within that physical device. Because such boundary definitions can be implemented at the firmware level of the physical device, every address access request, regardless of its origin and regardless of the origin of the request (i.e., the software component issuing the request), can be subject to the firmware-defined bound- The GUI provides a Local and Remote Management Option for any number of the supported OS environment(s). Examples of such support management tools include Intel's 30 Landesk, CA's Unicenter, Flash Vos and Norton Utilities. Other objects of the invention will become apparent from time to time throughout the specification hereinafter dis- closed. BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 depicts the Boot View of the FVOS GUI. FIG. 2 depicts the Super User Password Change Window of the FVOS GUI. FIG. 3 depicts the Cabinet Name Editor of the FVOS 40 GUI. FIG. 4 depicts the Primary OS Version Editor of the FVOS GUI. anes. FIG. 5 depicts the Remote Manager Editor of the FVOS Accordingly, the objectives of this invention are to 45 GUI. provide, inter alia, a Graphic User Interface and functions FIG. 6 depicts the Cabinet Icon Editor of the FVOS GUI. that: FIG. 7 depicts the Cabinet Password Change Editor of the graphically defines multiple functions for allocation of FVOS GUI. system resources for use in multiple operating systems FIG. 8 depicts the Active Contents Window of the FVOS or no operating system (No-OS or embedded) environ- 50 GUI. ments; graphically defines any size of feature windows and totally hide them if necessary; save the specific views as needed for all function win- dows; enable restricted partitioning and supports storage virtu- alization; allows the remote management of any of the operating systems through selection of any boatable cabinet or partition upon invoking the OS Manager component of the GUI; and enables such partitioning and supports such storage vir- tualization regardless of the origin of an address request and independent of any operating system. The functions are performed in the following organiza- tions: FIG. 9 depicts the Boot Cabinet Button of the FVOS GUI. FIG. 10 depicts the Configuration View of the FVOS GUI. FIG. 11 depicts the Cabinet Editor Button of the FVOS 55 GUI. FIG. 12 depicts the Change Cabinet Count Window of the FVOS GUI. FIG. 13 depicts the Partition Toolbar of the FVOS GUI. 60 FIG. 14 depicts the Internet Button Editor of the FVOS GUI. FIG. 15 depicts FVOS GUI with the Boot Stop Button active. FIG. 16 depicts the Partition Resizing Window of FVOS 65 GUI. FIG. 17 depicts the Partition Formatting Window of FVOS GUI. Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 21 of 25 PageID #: 800 US 6,690,400 Bl 5 6 Super User can change the password through Password Change Window 99, as depicted in FIG. 2. Password Change Window 99 is typically activated through the "Options" pull down menu of Main Pull Down Bar 60, by selecting the NOTE: The Figures provided in this disclosure may include trademarks belonging to entities other than the present inventor. These trademarks are included only for represen- tational descriptions, and do not form in part or in whole any disclosure or claim. DETAILED DESCRIPTION OF 1HE INVENTION The Graphic User Interface ("GUI") of the present inven- tion enables a user to allocate and manage the resources of 5 "change password" option and then verifying the current password. A Super User is able to create new memory partitions, delete partitions, format partitions, copy partitions, resize partitions, zip partitions, create and edit cabinets and change passwords. In an alternative 10 embodiment, any user may perform any of the functions afforded by the design of FVOS GUI 10, including all described as being used by a Super User. a computer system by defining one or more cabinets, each cabinet containing one or more partitions of one or more existing software and/or data. Examples of such existing software includes operating systems ("OS"), OS dependent programs and No-OS (self-contained, embedded OS) pro- 15 grams. This resource allocation and management is per- formed graphically with a pointing device and/or keyboard, and is referred to as Flash Vos GUI 10 or FVOS GUI 10 for short. FVOS GUI 10 also allows users to tailor the computer system to be managed locally or remotely, manipulate and share partitions, cabinets and files and their characteristics or operating environments. For the purposes of this invention and disclosure, the terms "Virtual Cabinet", "Cabinet Record" and "cabinet" are synonymous. A cabinet is defined herein as a virtual storage device, capable of containing, 25 typically through the use of virtual table of content pointers, In FIG. 1, Cabinet Buttons 20 represent inactive cabinets, which contain operating systems, programs and data not in current use by the computer. Cabinet Button 21 represents an active cabinet, which contains the selected software and data files, which may or may not be running. FIG. 1 further depicts Cabinet Property Windows 30, within which are Cabinet Name Window 31, Primary Operating System Ver- 20 sian Window 32, and Remote Manager Window 33 for each cabinet. The name of each cabinet named in Cabinet Name Window 31 is chosen by the "Super User" and is arbitrary. In the preferred embodiment, the name selected will be that of the primary operating system contained in the cabinet. The name is editable through Cabinet Name Editor 45, depicted in FIG. 3. In Cabinet Name Editor 45, the "Super User" types in the name text via a keyboard or similar input device. The Text Color, Background Color and Font for the cabinet name depicted in Cabinet Name Window 31 are selected in Cabinet Name Editor 45 from drop-down menus using a standard pointing device such as a mouse. The text shown in Primary Operating System Version all (or partitions of) shared (or non-shared) operating systems, application software (both OS dependent and No-OS embedded), databases and memory. This invention provides, inter alia, means for manipulating cabinets. This 30 manipulation comprises adding partitions, deleting partitions, naming the cabinet, assigning an icon to the cabinet, configuring partitions in the cabinet, defining user access, defining remote management functions and booting the cabinet. 35 Window 32 identifies the release version of the primary operating system contained in the active cabinet. The text shown is editable by the "Super User" through the Primary Operating System Version Editor 50, depicted in FIG. 4. In Primary Operating System Version Window 50, the user FVOS GUI 10 is portable, in that it is capable of being executed on various types of data processing systems with- out converting it to a different language and with little or no modification. FVOS GUI 10 uses a combination of Flash VOS VTOC 40 types in the name text via a keyboard or similar input device. The Text Color, Background Color and Font for the cabinet name depicted in Primary Operating System Version Win-(Virtual Operating System-Virtual Table of Contents) and Advanced Configuration and Power Interface (ACPI) to perform "Cold Swaps" or "Context Switching." A Cold Swap removes one active OS temporarily from all or part of memory and replaces it with another OS in all or part of memory with another active OS, and further allows sharing of information by Shared Device or Shared Partitions among multiple Operating Systems. FVOS GUI 10 provides access restriction for privileged or various users by password and virtual boundary estab- lishments. FIG. 1 depicts the Boot View of FVOS GUI 10. Depicted in FIG. 1 are typical components of FVOS GUI 10, com- prising Main Pull Down Menu Bar 60, Main Toolbar 65, Cabinet Selection Button Bar 70, Cabinet Properties Win- dow 30, Secondary Storage Partitions Window 80, Active Selected Cabinet Visible Partition Window 90 and URL Internet Button Bar 95. 45 dow 32 are selected in Primary Operating System Version Editor 50 from drop-down menus using a standard pointing device such as a mouse. The location of the remote manager depicted in Remote Manager Window 33 can be edited by the "Super User" through the Remote Manager Editor 55, depicted in FIG. 5. The Remote Manager location is selected from a check box, 50 radio button or similar icon identified with a remote man- ager. The Remote Manager has the capability of remote management of any of the operating systems through selec- tion of any boatable cabinet or partition upon invoking the OS Manager component of the Virtual Operating System 55 manipulated by FVOS GUI 10. Each Cabinet Identifying Icon 35, FIG. 1, can be edited by the "Super User" using Cabinet Icon Editor 40, depicted in FIG. 6. To change Cabinet Identifying Icon 35, the user double clicks a pointing device, such as a mouse, while the 60 cursor is placed over the desired icon from Window 41. This action places the new Identifying Icon 35 graphic on the selected cabinet 4 button. Additional icon choices are dis- played by scrolling scroll bar 42. In the preferred embodiment, many of the functions performed by FVOS GUI 10 are allowed only for "Super Users", who must log into FVOS GUI 10 by verifying a password, such as under the "Options" pull-down menu of Main Pull Down Bar 60. In an alternative embodiment, Main Pull Down Bar 60 can be an alternative menu bar, 65 comprising devices such as link buttons, hot keys, function keys or other function call-ups known in the industry. The In the preferred embodiment, each Cabinet is access controlled through the use of a password. This password can be changed by a user or "Super User" through Cabinet Password Window 62, depicted in FIG. 7. Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 22 of 25 PageID #: 801 US 6,690,400 Bl 7 As stated above, Cabinet Button 21 depicts an active cabinet, whose contents, which may include operating systems, partitions, software and data, can be manipulated (added, removed, renamed, relocated in memory) by FVOS GUI 10. The contents of the active cabinet are depicted in 5 FIG. 8 in Active Selected Cabinet Visible Partition Window 90. The contents of the all secondary storage devices found in the computer system are depicted in Secondary Storage Partitions Window 80 as Secondary Storage Icon 180 and Secondary Storage Text Descriptor 186. The partitions of 10 each secondary storage device are depicted with icons 180 and text descriptors 181, viewable through content button expanders 182. The partitions can be virtually copied from the secondary storage to the active cabinet by an input device operation, such as "click and drag" movement using 15 a pointer device such as a mouse, or by double clicking using such pointer device. The pointer device is placed over either icon 180 or text descriptor 181 in Secondary Storage Par- titions Window 80, and the "click and drag" or double clicking operation of the pointer device places the partition 20 described by icon 180 and text descriptor 181 into the active cabinet. As depicted in FIG. 9, the partition can be removed from the active cabinet by "right clicking" a pointer device over the selected partition, evoking cabinet button 190, and selecting Remover 93. In the preferred embodiment, the 25 Configuration View shown in FIG. 10 allows for the same functions without being limited to the Selected Cabinet. Partitions are moved from the Secondary Storage Partitions Window 80 to the desired Cabinet depicted in Master Cabinet Visible Partition Window 91. Master Cabinet Vis- 30 ible Partition Window 91 depicts all cabinets, both selected (active) and non-selected (inactive), booted and non-booted. When FVOS GUI 10 is initiated, an operating system (OS) will boot up automatically within a defined time, such as 10 seconds, after FVOS GUI 10 initiation (unless Stop 35 Timer Button 13, FIG. 15, is clicked using a standard pointer input), when Boot Now Button 66, FIG. 1, is selected with a standard pointer input device such as a mouse, or when selected Cabinet Button 21 is double-clicked. In FIG. 9, the Timer is graphically represented by Digital Countdown- 40 Timer81 and Bar Countdown Timer 82. The OS that boots 8 Cabinets allowable is controlled by the "Super User", by selecting from Main Pull Down Menu Bar 60 the pull-down menu "Options", then "Super User" and then "Set Cabinet Limit." Change Cabinet Count Window 61, as depicted in FIG. 12, allows the Super User to define the number of Cabinets. Partitions can be edited either with options available from the "Partition" pull-down menu from Main Pull Down Menu Bar 60, or by using Partition Buttons 64 on Main Toolbar 65 depicted in FIG. 13. Partition functions available include creating new, deleting, formatting, copying, resizing and zipping partitions. Resizing Partition Window 110 is called by clicking on the Resize Partition button in Main Toolbar 65. As seen in FIG. 16, Resizing Partition Window 110 allows the user or Super User to resize the allocated memory space in the partition by Partition Data, Free Space Retained and Free Space Discarded. The allocations are in the format chosen by the user from Buttons 111, which enable the display of allocations in percentage, sectors, megabytes or cylinders of the total partition. Formatting the partition is performed through Partition Formatting Window 120, which is called up either through clicking on the Format Partition button in Main Toolbar 65, or using the "Partition" pull-down menu in Main Pull Down Menu Bar 60, and selecting the "Format" option. By click- ing Format Button 121, depicted in FIG. 17, the Partition is formatted. The completed results are shown in Partition Format Window 125. When the Cabinet configurations are set in the desired manner, FVOS GUI 10 is saved using Save VTOC Button 100, FIG. 1. The saved configuration will then be the initial configuration when FVOS GUI 10 is initiated, until the user reconfigures FVOS GUI 10. FVIS GUI 10 also features hot links to Internet Sites via Buttons 89 depicted on URL Internet Button Bar 95. Buttons 89 can be added or deleted from URL Internet Button Bar 95 through the Internet Button File Editor Window 96, as depicted in FIG. 14. To delete an Internet button, the user double-clicks the desired button depicted in Active URL Button Window 97. To add an Internet button, the user double clicks the desired button depicted in Available Inter- net Button Window 98. Buttons 89 may be any Internet URL. In the preferred embodiment, Buttons 89 are manu- facturer buttons that can be used for accessing manufactur- ers WEB sites for downloading and configuring that ven- dor's cabinet. Vendors, including software and system manufacturers and distributors, can have their own Button 89 to download through the Internet their OS independent applications such as Internet Browser, Online Services, OS Support, Computer Service/Help, Video Conferencing, Data Base access, and turnkey (No-OS) applications for specific services. In the preferred embodiment, Buttons 89 contain up will be either the default OS or a selected partition OS from the Active Cabinet. The default OS is defined either in Cabinet Name Window 31 and Primary Operating System Version Window 32, or is selected in the Active Selected 45 Cabinet Visible Partition Window 90 by "right clicking" using a standard pointing device on the depicted partition, and selecting Boot Cabinet Button 94, FIG. 9. Boot Cabinet Button 94 can be selected at any time the cabinet is active, including when another operating system partition in Active 50 Cabinet is running, allowing "Cold Swaps" of operating systems. Alternatively, any cabinet, selected or non-selected, can be selected from a cabinet in Master Cabinet Visible Partition Window 91, and booted up at any time using Boot Cabinet Window 94. 55 an embedded Search Engine and Network Router. New cabinets can be added either by using New Cabinet Button 68, FIG. 1, or choosing the "New" option under the "Cabinet" pull-down menu from Main Pull Down Menu Bar 60, FIG. 1. Cabinets can be deleted either by using Delete Cabinet Button 69 or choosing the "Delete" option under the 60 "Cabinet" pull-down menu from Main Pull Down Menu Bar 60. As depicted in FIG. 11, "right clicking" with a pointer input device such as a mouse brings up New Cabinet Button 63, which allows the Super User to delete or edit the new cabinet through Cabinet Icon Editor 40, Cabinet Name 65 Editor 45, Primary Operating System Version Editor 50, and/or Remote Manager Editor 55. The total number of Main Toolbar 65, Cabinet Selection Button Bar 70, Sec- ondary Storage Partitions Window 80, Active Selected Cabi- net Visible Partition Window 90 and URL Internet Button Bar are all scrollable by scroll bar sliders, tabs and/or arrows. We claim: 1. A graphic user interface for displaying means for allocating a computer device's resources to multiple oper- ating system environments, partitioned on individual virtual cabinets, on said computer device, said graphic user inter- face comprising: a main menu bar; Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 23 of 25 PageID #: 802 US 6,690,400 Bl 9 a cabinet selection button bar; said cabinet selection button bar graphically representing at least one virtual cabinet; each said at least one virtual cabinet representing a discrete operating system; a secondary storage partitions window; a cabinet visible partition window; 5 10 operating system on said computer device, said graphic user interface comprising: a secondary storage partitions window for graphically illustrating each of at least one partition of at least one secondary storage device for each of at least one operating systems on said computer; said secondary storage partitions window graphically illustrating at least one partition of at least one second- 10 ary storage device; means for configuring said at least one partition of said at least one secondary storage device through said sec- ondary storage partitions window; a cabinet selection button bar; said cabinet visible partition window graphically illus- trating a cabinet record corresponding to a selected virtual cabinet on said cabinet selection button bar; and said cabinet selection button bar graphically representing at least one virtual cabinet record; each said at least one cabinet visible partition window 15 representing an operating system plus application software, databases and memory configured with said selected virtual cabinet. each said at least one virtual cabinet record representing a discrete operating system; a cabinet visible partition window for graphically illus- trating a selected virtual cabinet record; means for manipulating said at least one cabinet record through said cabinet visible partition window; 2. A graphic user interface as in claim 1, further compris- ing: means for manipulating said selected virtual cabinet record through said cabinet visible partition window. 3. A graphic user interface as in claim 2, further compris- ing: a main toolbar; and a cabinet properties window. 4. A graphic user interface as in claim 3, further compris- ing means for designating and illustrating one of said at least one cabinet record as an active selected virtual cabinet. 5. A graphic user interface as in claim 4, further compris- ing means for designating and illustrating one of said at least one partition in each of said at least one cabinet record as a boatable partition for said at least one cabinet record. 6. A graphic user interface as in claim 4, further compris- ing a timer window for graphically illustrating a countdown from a modifiable pre-specified number to "0". 7. A graphic user interface as in claim 4, further compris- ing at least one button associated with an application pro- gram that does not require an operating system to be downloaded directly into a memory of said computer device. 8. A graphic user interface as in claim 4, further compris- ing means for restricting access to sail at least one cabinet record through a password input. 9. A graphic user interface as in claim 4, further compris- ing means for naming said at least one cabinet record. 10. A graphic user interface as in claim 4, further com- prising means for remote management of any of said mul- tiple operating systems. 11. A graphic user interface as in claim 4, further com- prising means for allocation of at least one shared partition to more than one of said multiple operating systems in said computer device. 20 25 said cabinet visible partition window graphically illus- trating am operating system plus application software, databases and memory configured with said selected virtual cabinet; and means for modifying said at least one cabinet record through said cabinet visible partition window. 17. A graphic user interface as in claim 16, further comprising means fair designating and illustrating one of said at least one cabinet record as an active cabinet. 18. A graphic user interface as in claim 17, further 30 comprising means for designating and illustrating one of said partitions in each of said at least one cabinet record as a boatable partition for said at least one cabinet record. 19. A graphic user interface as in claim 17, further comprising at least one direct button associated with an 35 application program that does not require an operating system to be downloaded directly into a memory of said computer device. 20. A graphic user interface as in claim 17, further comprising means for restricting access to said at least one 40 cabinet record through a password input. 21. A graphic user interface as in claim 17, further comprising means for naming said at least one cabinet record. 22. A graphic user interface as in claim 17, further 45 comprising means for remote management of any of said at least one operating systems. 23. A graphic user interface as in claim 17, further comprising means for allocation of at least one shared partition to more than one of said at least one operating 50 system in said computer device. 12. A graphic user interface as in claim 4, further com- prising means for allocation of at least one shared device to more than one of said multiple operating systems in said 55 computer device. 24. A graphic user interface as in claim 17, further comprising means for allocation of at least one shared device to more than one of said at least one operating system in said computer device. 25. A graphic user interface as in claim 17, further comprising means for portability in operation is said com- puter device with said at least one operating system. 13. A graphic user interface as in claim 4, further com- prising means for portability in operation in said computer device with said multiple operating systems. 14. A graphic user interface as in claim 4, further com- prising means for portability in operation of at least one No-OS embedded software application in said computer device. 15. A graphic user interface as in claim 4, wherein said multiple operating system is a super operating system. 16. A graphic user interface for displaying moans for allocating a computer device's resources to at least one 26. A graphic user interface as in claim 17, further comprising means for portability in operation of at least one 60 No-OS embedded software applications in said computer device. 65 27. A graphic user interface as in claim 18, further comprising a timer window for graphically illustrating a countdown from a modifiable pre-specified number to "0". 28. A computer program product for use on a computer system with a memory, a display and multiple operating system, the computer program product comprising a com- Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 24 of 25 PageID #: 803 US 6,690,400 Bl 11 puter usable medium having computer readable program code thereon for generating, a graphic user interface on the display device which facilitates manipulation of operating systems, programs and databases in said multiple operating system, the computer readable program code comprising: program code for accessing and displaying each of at least one partition of at least one secondary storage device; program code for configuring said at least one partition of said at least one secondary storage device through a secondary storage partitions window; program code for displaying a cabinet selection button bar; said cabinet selection button bar graphically representing at least one virtual cabinet record; each said at least one virtual cabinet record representing a discrete operating system; 5 12 31. A computer program product as in claim 30, further comprising program code means for displaying a timer window for graphically illustrating a countdown from a modifiable pre-specified number to "0". 32. A computer program product as in claim 30, further comprising program code means for at least one button associated with an application program that does not require an operating system to be downloaded directly into a memory of said computer system. 10 33. A computer program product as in claim 30, further comprising program code means for restricting access to said at least one cabinet record through a password input. 34. A computer program product as in claim 30, further 15 comprising program code means for naming said at least one cabinet record. program code for displaying a cabinet visible partition window for graphically illustrating, at least one cabinet record, each of said at least one cabinet record repre- 20 senting an operating system plus application software, databases and memory configured with said selected virtual cabinet record; 35. A computer program product as in claim 30, further comprising program code means for remote management of any of said multiple operating systems. 36. A computer program product as in claim 30, further comprising program code means for allocation of at least one shared partition to more than one of said multiple operating systems in said computer system. program code for manipulating said virtual cabinet record through said cabinet visible partition window; and program code for means for modifying said at least one cabinet record through said cabinet visible partition window. 29. A computer program product as in claim 28, further comprising program code means for designating and illus- trating one of said at least one cabinet record as an active cabinet. 30. A computer program product as in claim 29, further comprising program code means for designating and illus- trating one of said at least one partition in each of said at least one cabinet record as a boatable partition for said at least one cabinet record. 37. A computer program product as in claim 30, further 25 comprising program code means for allocation of at least one shared device to more than one of said multiple oper- ating systems in said computer system. 38. A computer program product as in claim 30, further comprising program code means for portability in operation 30 in said computer system with said multiple operating sys- tems. 39. A computer program product as in claim 30, further comprising program code means for portability in operation 35 of at least one No-OS embedded software application in said computer system. * * * * * Case 2:16-cv-00098-RWS-RSP Document 39-2 Filed 03/10/17 Page 25 of 25 PageID #: 804 Exhibit B Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 1 of 7 PageID #: 805 Rosenberg, Craig September 30, 2016 202-220-4158 www.hendersonlegalservices.com Henderson Legal Services, Inc. 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION -------------------------------------------------- GLOBAL EQUITY MANAGEMENT (SA) ) PTY. LTD., ) Plaintiff, ) CIVIL ACTION NO. vs. ) 2:16-cv-00095-RWS EXPEDIA, INC., ) (Consolidated Defendant. ) Lead Case) -------------------------------------------------- DEPOSITION UPON ORAL EXAMINATION OF CRAIG ROSENBERG -------------------------------------------------- 9:36 a.m. September 30, 2016 925 Fourth Avenue, Suite 2900 Seattle, Washington REPORTED BY: Brenda Steinman, CCR #2717 Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 2 of 7 PageID #: 806 Rosenberg, Craig September 30, 2016 202-220-4158 www.hendersonlegalservices.com Henderson Legal Services, Inc. 2 (Pages 2 to 5) 2 1 A P P E A R A N C E S 2 3 FOR PLAINTIFF: 4 WILLIAM P. RAMEY, III, ESQ. 5 Ramey & Schwaller, LLP 6 5020 Montrose Boulevard, Suite 750 7 Houston, Texas 77006 8 832.581.4221 9 wramey@rameyfirm.com 10 11 FOR DEFENDANTS: 12 THEODORE J. ANGELIS, ESQ. 13 K&L Gates 14 925 Fourth Avenue, Suite 2900 15 Seattle, Washington 98104-1158 16 206.623.7580 17 theo.angelis@klgates.com 18 19 FOR DEFENDANTS: 20 JEFFREY GERCHICK, ESQ. 21 Quinn Emanuel Urquhart & Sullivan, LLP 22 777 6th Street Northwest, 11th Floor 23 Washington, D.C. 20001 24 202.538.8128 25 jeffgerchick@quinnemanuel.com 4 1 E X A M I N A T I O N 2 ATTORNEY PAGE 3 BY MR. ANGELIS: 5 4 BY MR. RAMEY: 140 5 BY MR. ANGELIS: 143 6 7 E X H I B I T I N D E X 8 EX# DESCRIPTION PAGE 9 Exhibit 50 9/7/2016 Declaration of Craig 5 10 Rosenberg, Ph.D. 11 Exhibit 51 Alan Freedman, The Computer 6 12 Desktop Encyclopedia, American 13 Management Association pages 14 921-923 15 Exhibit 52 Exhibit 1. U.S. Patent 13 16 6,690,400 B1 17 Exhibit 53 Exhibit '183. U.S. Patent 103 18 6,401,183 B1 19 Exhibit 54 Exhibit 3. Curriculum Vitae 120 20 for Craig S. Rosenberg, Ph.D. 21 Exhibit 55 Exhibit 2. U.S. Patent 133 22 7,356,677 B1 23 24 25 3 1 A P P E A R A N C E S 2 Continued 3 4 FOR DEFENDANTS: 5 TODD M. SIEGEL, ESQ. 6 Klarquist Sparkman, LLP 7 121 Southwest Salmon Street, Suite 1600 8 Portland, Oregon 97204 9 503.595.5300 10 todd.siegel@klarquist.com 11 12 13 14 15 16 17 18 ****** (* Denotes Phonetic Spelling.) 19 20 21 22 23 24 25 5 1 SEATTLE, WASHINGTON; FRIDAY, SEPTEMBER 30, 2016 2 9:36 A.M. 3 oo-OO-oo 4 CRAIG ROSENBERG, witness herein, having been 5 first duly sworn on oath, 6 was examined and testified 7 as follows: 8 E X A M I N A T I O N 9 BY MR. ANGELIS: 10 Q. Good morning, Dr. Rosenberg. 11 A. Good morning. 12 Q. Now, I'd like to begin with your 13 declaration. 14 (Exhibit 50 marked for 15 identification.) 16 Q. (By Mr. Angelis) Can you please turn to 17 paragraph nine of your declaration. 18 A. Okay. 19 Q. Now, I'm most interested in the 20 definitions you have under a, b, and c for the 21 terms emulation, simulation, and virtualization. 22 Do you see those? 23 A. I see this. 24 Q. Now, what is the role of the text in 25 parentheses in a, b, and c? Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 3 of 7 PageID #: 807 Rosenberg, Craig September 30, 2016 202-220-4158 www.hendersonlegalservices.com Henderson Legal Services, Inc. 5 (Pages 14 to 17) 14 1 interface, and we're talking about means for 2 allocating a computer device's resources. 3 And so this operates at the code level, 4 correct? Means for allocating is something that 5 the computer does based on instructions that are 6 received from code; is that correct? 7 A. I think that's one way to interpret it. 8 But you could also say it's something that the 9 user does. 10 The graphical user interface is the 11 interface between the user and the computer, and 12 there is much disclosure in the patent about using 13 mice, using point and click, using right clicks, 14 using drags. I mean these are all user actions 15 too. 16 So I would say it's a combination of 17 things that have to happen to invoke the 18 invention; that the user has to interact with the 19 graphical user interface and then the computer has 20 to interpret the actions of the user. 21 Q. Fair enough. We're going to get to all 22 those parts of your opinions as we go on today. 23 I want to talk about the last part of 24 your answer there where you said "the computer has 25 to interpret the actions of the user." 16 1 where we're talking about "means for allocating a 2 computer device's resources," what does that 3 instruct the computer to actually do? 4 We'll talk about this on a case by case 5 basis. 6 A. Um-hum. 7 Q. But for allocating resources, what does 8 the computer have to do? You would agree that the 9 computer has to take some action at the code level 10 to actually allocate the resources; correct? 11 A. I do, yeah. I do. 12 But I guess I don't see this patent as 13 being around that part of the invention. I mean 14 even the title, the first words are "Graphic User 15 Interface For Resources Management." Abstract, 16 "This invention is a Graphic User Interface that 17 enables a user." 18 I see the disclosure in this patent, and 19 essentially the whole invention, around the 20 graphical user interface, and not so much as the 21 technical details of how virtualization is 22 accomplished. 23 Q. Fair enough. That's helpful. 24 And so just so I understand it and make 25 sure we're on the same page, your opinion then -- 15 1 What are you referring to in relation to 2 this claim term "allocating a computer device's 3 resources"? What is the computer doing that 4 you're talking about? 5 A. Well, it's interpreting the input from 6 the human. So I mean there is various ways you 7 can -- there is so many different frameworks and 8 languages; DirectX, OpenGL, GL, Microsoft 9 Foundation Class, Java AWT, Java Swing, I mean it 10 goes on and on, all these different frameworks 11 that you can use to create GUIs that are shown in 12 every figure of the '400 patent. 13 So there is -- each one has its own 14 unique methods that interpret button downs, right 15 clicks, drags. And so I think that's what I was 16 referring to. 17 Q. That's what I'm getting at as well. 18 A. Yeah. 19 Q. So to take this pedestrian example you 20 used at the end of your answer. A user, for 21 example, performs a drag and drop operation, 22 correct? 23 A. Yes. 24 Q. That's possible. 25 In the instance in this claim language 17 1 and we'll talk about this in detail element by 2 element -- 3 A. Sure. 4 Q. -- is that this invention is not 5 concerned at all about how the resources are 6 actually allocated. 7 MR. RAMEY: Objection; form. 8 A. I think that -- I don't know if I want 9 to put a 90 percent/10 percent; I'll probably 10 leave that aside. I mean as far as the vast 11 majority, if not the entirety, of this patent 12 seems to be around the user interface and the 13 novel user interface to graphically configure; so 14 what the user does, how it might be displayed to 15 the user. 16 Yeah, I don't see much -- again, I would 17 need to go through it to look specifically for it, 18 but what happens down at the code level for the 19 repartitioning, if you will, or changing the 20 amount of memory that's available to the process, 21 I don't see that discussed in the patent 22 write-off. I see that more as an issue with '183 23 and '677 patents. 24 Q. (By Mr. Angelis) That's helpful. 25 Just to take an example, if a user Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 4 of 7 PageID #: 808 Rosenberg, Craig September 30, 2016 202-220-4158 www.hendersonlegalservices.com Henderson Legal Services, Inc. 6 (Pages 18 to 21) 18 1 performs a drag and drop operation, for example to 2 copy a partition to a particular cabinet that this 3 patent talks about, your opinion is that the 4 patent is concerned with essentially that drag and 5 drop, visually displaying that drag and drop, as 6 opposed to what the computer is instructed to do 7 to actually copy that partition into a particular 8 virtual storage area. 9 A. Yes. I would say the invention that 10 seems to be disclosed is the front end. It's that 11 graphical user interface to allow for a much more 12 user friendly manipulation of your virtualization 13 environment as opposed to, let's say a command 14 line interface, where you would have a command and 15 many different options that would be far less 16 intuitive and usable from a human factors 17 perspective. 18 Q. So it's fair to say the invention isn't 19 concerned about how the copying occurs, or even 20 whether or not it occurs, it's just the interface 21 for asking it to occur. 22 A. Yeah. I think it's pretty clear that -- 23 I wouldn't go to say whether or not it occurs; it 24 seems to me that the patentee, my understanding 25 from reading the patent is that it had some 20 1 a virtualized -- into creation and modification of 2 virtualized operating systems. So utilizing 3 existing UI interaction techniques and widgets. 4 Q. So this was an application essentially 5 of what you called standardized, we'll call them 6 widgets, basic UI functionality components, into 7 the context of a graphical user interface related 8 to managing a virtualized system; is that fair? 9 A. Yes. 10 Q. Let me back up one paragraph, where we 11 were before, and talk about paragraph 15 for a 12 minute. This contains a basic overview of the 13 '400 patent and then concludes with an opinion 14 sentence. And I just want to make sure I 15 understand what you're saying here. 16 Take a minute to read paragraph 15, 17 please. 18 A. Okay. 19 Q. So based on this paragraph, it's fair to 20 say your opinion is that the claimed graphic user 21 interface enables a user to virtualize a computer 22 system; is that correct? 23 A. Not exactly. I think that it allows 24 them to create virtual cabinets, which specify the 25 resources of a virtual -- virtualized operating 19 1 software that was doing this, and he wasn't just 2 making a GUI that wasn't connected to anything in 3 the background. 4 But I would agree with your 5 characterization that the invention seems to be, 6 to me seems to be all about the front end, or the 7 user interface, and how that could work to create 8 a more usable user interface for allocating 9 resources and modifying resources of virtual 10 environments -- of virtualized environments. 11 Q. So drag and drop was something that was 12 pretty well known at this time, wasn't it, in the 13 1998, early 1999 time frame? 14 A. Yes. 15 Q. So we're not talking here about the 16 invention of the drag and drop technology. 17 A. No. I would think it would be the 18 application of various standard UI, UI widgets or 19 UI elements, such as right click menus, drop 20 downs, check boxes, icon bars, button bars, drag 21 and drop. 22 I mean all of these are standard 23 traditional user interface widgets, if you will, 24 or interaction techniques. And they were 25 incorporated into the creation and modification of 21 1 systems in a much more intuitive and user friendly 2 manner. And not only create, but create and/or 3 modify or delete. 4 Q. And are they creating the cabinets or 5 are they creating a graphical representation of 6 the cabinets? 7 A. Well, the cabinets themselves are a 8 graphical representation. This is -- there is a 9 term in data centers, cabinets, the 19-inch racks 10 that represent where the computer systems -- 11 usually they're rack-mounted computers that are in 12 these 19-inch racks that are called cabinets, so 13 tall cabinets. So this represents that in a 14 graphical format, if that's what -- I want to be 15 responsive to your question -- if that's what your 16 question is. 17 Q. Let me ask it in this way. The creation 18 of the cabinets is not the subject of the '400 19 patent invention; is it? 20 A. I think that's part of it. The 21 graphical -- the look of the cabinet, the fact 22 they called it a cabinet. It's a collection. 23 It's a container, if you will, in which various 24 properties can be stored associated with the 25 virtualized system. Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 5 of 7 PageID #: 809 Rosenberg, Craig September 30, 2016 202-220-4158 www.hendersonlegalservices.com Henderson Legal Services, Inc. 28 (Pages 106 to 109) 106 1 just took that at face value that there was a 2 reference from the -- of the '183 patent in the 3 '400 patent. And if you're saying that this 4 application number, that perhaps has a typo, is 5 what ties it together, then that would be the 6 connection. 7 Q. As we discussed you then relied on the 8 '183 patent to provide some structure for this 9 claim element. 10 A. Yes. 11 Q. In paragraph 56 -- let me back up to 55, 12 if you don't mind. Now, this text, at least the 13 first sentence here, is very similar to our 14 discussion we had before about the interaction 15 between program code and a pointer device. 16 Let me ask this a slightly different 17 way. 18 The excerpt here referenced in footnote 19 45, the block quotation in paragraph 55, talks 20 about using a mouse to copy partitions to a 21 cabinet. 22 We've already talked about this; 23 correct? 24 A. Yes. 25 Q. How does this relate to the claim 108 1 Q. Then below that is the language again 2 "Further various Figures," and it refers to these 3 various figures in the '183 and the '400 patents. 4 A. Yes. 5 Q. And I've asked you about those before. 6 If I were to ask you the same questions I asked 7 before regarding this part of your opinion, would 8 your responses be the same? 9 A. Yes. 10 Q. Now, in paragraph 55 there is a sentence 11 that says, the top of the page, "One of ordinary 12 skill in the art would be able to create the 13 program code necessary for creating and 14 manipulating the disclosed graphics." 15 Do you see that? 16 A. I do. 17 Q. What program code are you referring to? 18 A. This would be using program code such as 19 the various GUI frameworks. Such as Xwindows or 20 MSC or Java AWT, the many different frameworks 21 that would be incorporated into the project, and 22 then calls would be made against that framework 23 against that API to initiate -- to create graphics 24 to create a GUI. 25 THE REPORTER: I have one question. 107 1 element of program code for accessing and 2 displaying? 3 A. Yeah, I think as before, it's perhaps 4 not as applicable a disclosure or references as 5 other places in the '400 patent. The figures -- 6 well, certainly I mean they point to Figure 10, 7 let me go to that. Almost every figure in the 8 '400 patent is dealing with displaying, and there 9 is inferred accessing too because it's showing 10 parameters associated with it. 11 Like for example Figure 10, we see 12 Disk 0 is 2.46 megabytes, and it's formatted 13 FAT-16. And this is a display using the GUI. 14 So I think there is elements within this 15 block quote that do talk about the accessing -- 16 that, you know, show one of skill in the art that 17 there is necessarily accessing going on and 18 displaying going on. 19 Q. Below the block quotation is the same 20 sentence we talked about before, about the 21 resources of a computer system. If I were to ask 22 you the same questions I asked before regarding 23 this sentence, would you provide the same 24 testimony? 25 A. I would, yes. 109 1 And then -- would be made against that 2 framework. 3 THE WITNESS: Calls. 4 A. So sometimes they're called methods or 5 calls or functions. 6 Q. (By Mr. Angelis) So your opinion here 7 is that one of ordinary skill in the art would 8 basically be able to use the disclosed programs in 9 Column 3 of the '400 patent to design this 10 particular graphic user interface. 11 A. Yeah, I think that's one disclosure. 12 Yes. 13 Q. What else did you mean, if anything, by 14 the statement "One of ordinary skill in the art 15 would be able to create the program code necessary 16 for creating and manipulating the disclosed 17 graphics"? 18 A. I think that's largely what I meant. 19 Most developers will not try to re-create the 20 wheel. When it comes to 2D computer graphics, 21 there is lots of libraries out there. So 22 utilizing one of the several that were mentioned 23 in the '400 patent would be a good choice. 24 One could re-create the wheel and 25 program their own graphics library, actually have Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 6 of 7 PageID #: 810 Rosenberg, Craig September 30, 2016 202-220-4158 www.hendersonlegalservices.com Henderson Legal Services, Inc. 29 (Pages 110 to 113) 110 1 to interface with the display card. There is a 2 frame buffer associated with the graphics card. 3 And you can, at a very low level, you can draw 4 lines from one pixel to another and you can start 5 creating widgets, you can create your own buttons 6 and all the various elements that we all take for 7 granted in 2D computer graphics. 8 So it's not a necessity that one utilize 9 a third-party framework for computer graphics, but 10 it's almost always done because it's relatively 11 easy to incorporate these open source libraries, 12 if you will, for doing that. 13 Q. And is there anything in the '400 14 patent, other than what's in Column 3 that we 15 talked about before, that would provide one of 16 ordinary skill in the art with the ability to 17 create the program code necessary? 18 MR. RAMEY: Objection; form. 19 A. Well, I mean there is a couple different 20 places we've been talking about. I think in 21 Column 3, those were the disclosure of various 22 graphic systems such as Xwindows, I recall being 23 one, and VPA and SVPA. Yeah, that's in Column 3 24 starting around line 13. 25 Q. (By Mr. Angelis) Let me be a little 112 1 pass events to the operating system. And then the 2 application developer needs to write additional 3 program code to handle those events, and to call 4 various functions or to write your own functions 5 to describe what happens when that event happens. 6 You know, when Alt F is pressed on the keyboard, 7 what should happen in your program? 8 Q. So I just want to make sure I understand 9 here. Your testimony is that one of ordinary 10 skill in the art would sort of inherently know how 11 to write this program code. Other than what we 12 talked about in Column 3, where there is 13 disclosure of particular software products, for 14 example, I'm not seeing any disclosure of code or 15 products or anything that a person of ordinary 16 skill in the art would rely on, unless I'm missing 17 something. 18 Is there something you can point me to? 19 MR. RAMEY: Objection; form. 20 A. I think that one of ordinary skill in 21 the art, computer science, human factors, would be 22 well versed in designing and implementing user 23 interfaces. And this is part and parcel of 24 designing and implementing using interfaces, is 25 creating the program code. 111 1 more precise. 2 MR. RAMEY: Were you done with your 3 answer? 4 A. I was going to say that there were other 5 areas that we've been talking about, I think it 6 was in Column 5. Let's see. We were talking 7 about another area that talks about using the 8 mouse and the keyboard, which is kind of a 9 different section. 10 So I think your question was was this 11 Column 3 reference the only place that you think 12 there is disclosure around using, you know -- my 13 statement, "One of ordinary skill in the art would 14 be able to create the program code necessary for 15 creating and manipulating the disclosed graphics." 16 Well, manipulating the disclosed 17 graphics would probably require a mouse and/or a 18 keyboard. So I think that other passage that I 19 referred to would be good to bring in as well, 20 that talks about the mouse and the keyboard. 21 Q. But how is that program code? 22 A. Well, like I said, a mouse and a 23 keyboard won't do anything without program code. 24 Every device needs a driver, at the very least, to 25 interface with the operating system to be able to 113 1 Like I'd said earlier, it's not just 2 pictures, it's not just static pictures, this is 3 actual working code that has behavior and 4 interaction. So you won't get any of that 5 interaction without program code. 6 Q. (By Mr. Angelis) And I just need to 7 button this up. So there is a disclosure in 8 Column 3 that we talked about, then there is some 9 disclosures we talked about where the 10 specification refers, for example, to using the 11 keyboard or mouse -- 12 A. Yes. 13 Q. -- as a pointing device. 14 Other than those, you're relying on the 15 inherent knowledge of one of ordinary skill in the 16 art as to how to create the program code necessary 17 for creating and manipulating the disclosed 18 graphics; is that fair? 19 MR. RAMEY: Objection; form. 20 A. Yes. 21 Q. (By Mr. Angelis) Thank you. In 22 paragraph 56 of your declaration you refer to the 23 natural algorithm. 24 Are you relying on the natural algorithm 25 as program code only to the extent that it Case 2:16-cv-00098-RWS-RSP Document 39-3 Filed 03/10/17 Page 7 of 7 PageID #: 811 Exhibit C Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 1 of 41 PageID #: 812 -' Sep-04-02 04:24P .:.:- .. -d.' KEELING HUDSON L.L.C. 901 NORm POST OAK ROAD HOUS1'0N, TEXAS 17024 KENNETH A JmELING JAMES E. HUDSON 1JI JUDYI •. DENEAU CRAIG E. BOHN TELEPHONE: (713) 680.1447 FACSIMILE: {713) 680.1567 FACSIMII.E 'l'RANSMI'I''I' AL SHEET TO USPTO t:DMI'ANY: USPTO J•AJ( !11\lMBI!I\: 703.308.6916 !•HONE NUMBEII.: Klh PETITION FORREVIV .AL OF AN APPUCATIONFORPATENI' . ABANDONED UNINIENDONAILY 1-'JI.OM: KENNE1HA. KEELING UA'tF.: 09/04/02 TOTAL 1'10. OF PAGES INCLUDING COVl!ll: 26 SBI'II'll!R'S l!JtPElU!NCI! NUMIIF.It: RAFIZADEH, SCHUMANN 09/409,013 FILED 9/2911999 YO\JJliU!PEitF.NCE NUMSEII.r RESPONSE TO OFFICE ACI10N URGENT I FOR REVIEW I PLEASE COMMf.NT PLEAS.E REPLY PLF.ASE RECYCLE 0 ORIGINAL WILL FOLLOW I ORIGINAL m~ NO'( FOLLow) FAX RECEIVED ;SEP 0 4 2002 PETITIONS OFFICE (PNFIDENXlA1 ~am:EJ TilE INFORMATION CONTAINBP IN THIS FACSIMILE T&ANSMISSJON IS LEGALLY l'RIVILE.GED AND OONFIDENTIAL INJlOI!.MATION INTr.NDED ONLY POl\ TilE USE OP 'J'tl£ JNDMDUAL OR ENTITY TO WHOM IT IS ADORP.SSBD OR AGEN'J' OR EMPLOYEE R'BIIPONSIBLE FOR ORUVERY TO THR INTENDED RRClPIENT. JF TAP. READER OP THIS MESSAOE IS NO'J' 'J'H.l?. INTENDED IUtCPIENT, YOU AR.Jt H!!.REBY NO'rlFIED THAT ANY US£, DISSEMINA.TlON, DISTRJBU'I'I()N, OR COrY OP THIS TELECOPY IS PROHUUTED. JP YOU IL\VE REOUVEO TI liS TELECOPY IN EIU\OR, PMtAS£ IMMEDlA'J'JiLY NOTIFY US 1\Y 1'ELEPHONE: {713) 611G-lt47 OR PAX! (713) L80.151i7, A!I(O IUi.TUJtN THE OI.IJGINAI. TJt.QfSMlSSION TO US A'f TilE ABOVF. ADDRESSvtA. THF. UNITEDSTA'I'F.S POSTALSERVIat. THANK YOU. . P.Ol Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 2 of 41 PageID #: 813 Sep-04~02 04:25P FAX RECEIVED .SEP 0 4 2002 \ PETITIONS OFFICE PTOJSB/Dd (10.Q1) Appraved far vselllrou~h 10/3112002. OMB 0851-0031 U.S. P•le!!l•nd Trademar)C O!flce; U,&, PI!PAI'ITMENT OF cOr.tMERCE Under !he P•pa_rwollc Reduc:UUn ACt of tiM, no 118/'1011$ are requifed "'rupond to a ....U.ctlon of inftable partition for said at least one cabine::t record. 6. (added) A graphic user interface as in claim 1, further comprising a titncr window for gmphically illustrating a countdown from a rnodifiable pre-specified number to "0". 7. (added) A graphic user interface as in claim 1, further comprising ut least one button associated with an applicatillll program that does uot require an operating system to be downloaded dire::ctly into a memory of said computer device. 8. (added) A graphic user interface as in claim 1, further comprising moans for restricting access to said at least tlne cabinet record through a password input. 9. (added) A graphic user interface as in claim 1, further comprising means for naming suid at least one cabinet record. ii Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 20 of 41 PageID #: 831 ··rc.'" -=:t: .~··· .. ~~ ,.--:/ . ·~ep~P~-02 04:29P . ' ' .. P.21 10. (added) A graphic user interface as in claim 1, further compri!;jng means for remote management of any of said multiple operating systems. 11. (added) A graphic user interface as in cluim I, further comprising means for allocation of at I east llnc shared partition to said multiple operating systems in said computer device. 12. (added) A grc:lphic user interface as in claim 1, further comprising means fur allocation of at least one shared device to said multiple (lpcrnting systems in said computer device. 13. (added) A graphic user interface as in claim I, further comprising means tbr portability in operation in said computer device with said multiple oper11ting systems. 14. (added) A graphic user interface as in c:laim I. further comprising means for portability in operation pf at least t)ne No-OS embedded software application in said cc.lmputcr device. 15. (added) A graphic user interface as in claim I, wherein said multiple operating system is a super opcratjng system. iii Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 21 of 41 PageID #: 832 . ' 16. (added) A graphic user interface for displaying means for allocating a computer device's resources to at least one operating system on said computer device,· said graphic user intcrtacc comprising: a ~ecundary ~o~torage partitions window for graphically illuStrdting each of at least one partition of at least one secondary storage device for each of at least one operating systems tlll said computer; means for configuring said at least one parti tiun of said at Jcast one secondary stumge device through said secondary storage partitions window; a cabinet visible partition window lor gr~phically illustrati11g at least one cabincl record, each of said at least one cabinet record representing a list of at least one of said partitions; means tbr mnnipulating said at least one cabinet record through said cabinet visible partition windnw; said cabinet visible partition window graphically illustrating said partitions JiNled fur each of said at least lme cabinet record; and means for modifying said partitions listed in each of said at least one eabin~.:t recnrd through. said cabinet visible partition window. 17. (added) A graphic user interface as in claim 16, further comprising means for dt~signa.ting and illustrating one of said at least one cabinet record as an active c~binet. 1 R. (added) A graphic user interface as in claim 17,1i.trl.her comprising means fo1· designating and illustrc~ting nne of said partitions in each of said at least one t..abinet record as a boatable partitinn fnr said at least one cabinet record. iv P.22 r Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 22 of 41 PageID #: 833 :;.. ... ../ !.'. P.23 19. (added) A gmphic u.o.;er interface as in claim 16, furth~r comprising a timer window for graphically illustrating a countdown from a mWi progrum code for displaying a cabinet visible partition window tbr graphically illustrating at least (me cabinet J'ccord, each of said nt least one cabinet reootd representing a list of at least one uf said at least one partition; progJ·nm code for manipulating said cabinet visible partition window throug~~ suicl cabinet visible partition window; program code for a said cabinet visible pat1iti~m window for graphically illustrating said at least une partition lil;ted for each of said al least one cabinc.t record; and vi Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 24 of 41 PageID #: 835 :t.,.;•- 5ep-'?4_-02 04: 30P program code for means for modifying said at least oue partition listed in each of said at least one cabinet record through said cabinet visible partition wi1idow. 29. (added) A computer program product as in claim28, further comprising pl'Dgram code means tbr designating and illustrating one of said at least one cabinet record a.11 an active cabinet. 30. (added) A cnmputcr program product as in claim 29, further comprising program code means for designating and illustrating one of said at least one partition in each of said at least one cabincr record as a boatable partition for said at least one cabinet record. 31. (added} A computer program product as in Claim 28, further co_mprising program code means for displaying a timer window for graphically illustrating a eountdowu from a modifiable pre-specified number to "0". 32. (addcc.l) A computer program product as in claim 28, furthercomprisingprpgram cude means for at lea~t one button associated with an application program that docs not require an operating system to be downloaded directly into a memory of said computer system. 33. (added) A computer program product as in claim 28, furthercomprisingprobrram code means ft)r restricting access tu said at Jeust one cabinet record through a password input. 34. (added) A computer program product as in claim 2M, further comprising progrum code means for naming said at least one cabinet record. vii P.25 Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 25 of 41 PageID #: 836 ·"'~'&.." -=.;;( ·, 'sep.-'04-02 04: 30P ) P.26 35. (added) A computer program product as in claim 28, further comprising program code meuns for remote management of any of said n1ultiple operuting systems. 36. (added) A computer program product as in claim 28, further comprising progmm cm.le means J for allocation of at least one shared partition to said multiple operating systems in said computer system. 37. (added) A computer program product as in claim 28, further comprising pmgram code means for allocation· of at least one shared device to said multiple operating systems in· said cornpuler system. 38. (added) A computer program product as in claim 28, further comprising program code means fnr portability in operation in said computer system with said multiple operating systems. 39. (added) A .computer program product as in claim 28, further comprising program cude means for portability in operation of al least t)ne No-OS embedded software application in said computer system. viii Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 26 of 41 PageID #: 837 . -·! ·~ t. .. 3 308 6916 TX/RX NO CONNECTION TEL CONNECTION ID START TIME USAGE TIME PGS. RESULT ********************* *** RX REPORT *** ********************* RECEPTION OK 7886 09/04 (WE)16: 42 08'48" 26 OK p9104/02 (WE) 16:54 P.001 Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 27 of 41 PageID #: 838 . :...; ... _ .... Sep-04-02 04:01P KEELING HUDSON L.L.C. 901 NORTH POST OAK ROAD HOUSTON, TEXAS 77024 KENNETH A KEELING JAMES E. HVDSON III JUDY L. DENEAU CRAICE.BOHN TELEPHONE: (7U) 680·1447 PACSIMIU:: (713) 680·8567 FACSIMILE TRANSMJ'J'T AL SHEET TO UiPTO COMPANY: USPTO FAX NtlMBRMI 703.308.6916 I'HONF. NIJMIIKICt Rl!r PETI'IlONFOR REVIVAL OF AN APPUCATIONFORPA1ENT ABANDONED UNINIENilONAllY FROM: KENNE1HA. KEELING DAT!: 09/04/02 TOTAl. NO. Ofl Pt\GES JNC.UJJING COVEll: 26 SENDER'S MFI!.IU!NCH NUMBEII.r RAFIZADEH SCHUMANN r»/409,013 FILED 9/29/1999 YOUR lt£FI!.'RI!.NCI\ Nut.IIII\Rr RESPONSE TO OFFICE ACllON URGENT I FOR RP.VIRW PLEASE COMMENT PLEASE REPLY PLI!ASE RECYC.E D ORIGINAL WILL FOLLOW I ORIGINAL ~=L NO'/' FOLLOW I FAX RECEIVED .SEP 0 4 2002 ' PETITIONS OFfiCE .tOMflD.ENTMJ. NU:C.U:Z• TilE INPOkMA.TION CON!AlNED JN nus FACSlMILE TRANSMISSION IS LEGAU.Y J•JUVILEGED AND OONPIDBN!lAL JNPORMATION INTENDED ONLY FOR TI·Q!. USP.. OP THE INDIVIDUAL OR. ENTITY TO WHOM J't IS ADnttF.SSED OR AGENT Oil EMPLOVI!..I£ IU£SI>ONSJBLP. FOR DELIVEB.Y TO TilE INTENDJtl) RECIPIENT. Ill TliE READER. OF THIS MESSACiE IS Nar THE INTENDED RECPIENT, YOU .AilE lll!.kBBY NOTIFIED 'ri-IA'r ANY USE, DISSEMINATION, DISTIUBUIION, OR COJIY OP THIS 'J'ELECOPY IS PROHIBITED. U' YOU HAVR II.F.CF.JVP.D THIS TELECOPY IN EllB.Ok, PLEASE JMMEDfATP.J.Y NOfiFY US BY TELEPHONE: (713) '80-1447 OR PAX: (113) 680.85,7, AND llETURN Til£ OJUCIN.AL 'f~SMISSION TO US AT THE ABOVE ADDIU!SS VIA TilE UNI'J'HJ) STATES POSTAL SERVICE. TtiANK YOU. P.Ol Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 28 of 41 PageID #: 839 ·' Sep-04-02 04:01P FAX li[7:CEIVED ~SEP 0 4 2002 PETiTIOf~S O~fJ~~~~ tor uo•llvC&Igh to.rsttzDP2':~::':S',1!:~~ U.S. P•holll and Trademark Ot'llca: U.s. DEPARTMENT CF COMMERCii Und•r lh11 Pape~~~~ork ReCIUclto'l Ac1 Ill' 1895, no P"ISQns ••• teqUired Ia reapond to • callec:llon of information unl•n II dl•pboys • velld OMB control nurnbtlr. PETITION FOR REVIVAL OF AN APPLICATION FOR PATENT ABANDONED Docket Number (Optional) UNINTENTIONALLY UNDER 37 CFR 1.137(b) First named inventor: Schumann Rafizadeh . Appllcatfcn No.: 09/409,013 Art Unit 2173 Flied: 09/29/1999 Examiner: Myllnh T. Tran TiUe: Resources Management Of Super Operating System Based Computer ' Attention: Office of Petitions Assistant Commlsalcner for Patents BoxDAC Washington, O.C. 20231 NOTE: If Information cr assistance I& need!.ld In completing this form, please contact Petlitlons Information at (703) 305·9282. The above-identified appfication beeame abandoned for faRuro to file a timely and proper reply to a notice or action by the United States Pat!.lnt and Trademark omca. The date of abandonment I& the day after the expiration data of the period set for reply In the omce notice or action plus an extensions of lime actually obtained. APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION NOTE: A grantable petition requires the following llama: (1) Petition faa: 1. Petition fee (2) Reply and/or issue fee; (3) Terminal disclaimer with dl~almer fee -required ror all utility and plant applications filed before June B, 1995: and for all deslsn applications: and (4) Statement that tha entire delay was unintentional. .KJ Small entity·fea $M.Q.OD (37 CFR 1.17(m)). Applicant claims small entity status. See 37 CFR 1.27. 0 Other than small enUty ·fee $ ____ (37 CFR 1.17(m)) 2. Reply and/or faa A. The reply and/or fee to the above-noted Office acUon in th.lt.fann of _Response to Office Action ___________ ,_ (ldenrlry type of reply): U has been filed previously on---·---------- ~ Is enclosed herewllh. B. The Issue fee of$ • 0 has been paid previously on-------·.,, ____ , 0 Is enclosed herewith. (Page1 of2) Burdoll Hour Statement Thic fgrm ill estirlljlad to 18•• 1.D hour 10 complete. Time WIU very aapendlno 11pon 1M n .. da oflh• CnCIIYICIUalt:A~••· A.ny a:om.,.tlla on the amaunl af lillfl you am tequlraa Ia c:ompllll•lhi• form should be aentto the Chl•r lnlcrrn~~lan Ollictr, U.S. Paten! and Trademark Oltiea, Waalllngton, DC 20231. CO NOT Si!ND FEES C) A COMPLETI!D I'ORM3 TO T .. IS ADD!U=SS. SEND TO: Alllllltant Comml .. ioner lor Pal•nl&, Waahlnglon, DC 20231, o~/ii&/2002 ftKELLEY 00000007 09409013 01 FC:241 640.00 Ui-' Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 29 of 41 PageID #: 840 .. ~·~ ,.... .. .-~· Sep-04-02 04:0l.P PTO/.B/64 (10.01) AI>P19"&d larUN 111/31/2002. OMB 015lo0031 U.S, P•t•ntend Trademark Olllce; U.S. DEPARTMENT OF COMMERCE U~Ciar lh• Papetworlo Raduclloro Act 011895, no para an• ~· requl...d l.u r.apond lo • collection ollnformllllQn unlan It dlaplaya • ~•Ill CMB CGnltal number 3, Terminal diselalmer with disclaimer fee ~ Since this utility/plant application was filed on or after June B, 1995, no terminal disclaimer Is required. D A terminal disclaimer (and di$clalmer fee (37 CFR 1 .20(d)) of$ --for a small entity or$- for other than a small entity) disclaiming the required period or Ume Is enclosed herewith (see PTO/SB/63). 4. STATEMENT: The entire delay In tiling the required reply from the due date for the required reply until the filing of a grantable petition under 37 CFR 1, 137(b) was unintentional. [NOTE. The United States Patent and Trademark Office may require additional Information if there Is a question as to whether either the abandonment or the delay In filing a petition under 37 CFR 1.137(b) was unintentional (MPEP 711.03(c), subsections (JII)(C) and (0))]. WARNING: Information on this form may become public. Credit card Information should not be Included on thla form. Provide credit ca"ormatlon an~ ithorlzatlon on PT0·2D38. Septombor 4, 2002 (~ ! If).::. I!/ Date Telephone Number:(713) 680·1447 EnclosiJres: KJ Fee Payment g} Reply 0 Terminal Disclaimer Form /r/~IV"~ Signature K.cnneth A. Keeling I James E. Hudson Ill Typed or printed name 901 N. Pest Oak Road Address Houston, TX 77024 0 Additional sheels cootainlng statements establishing unlntenUonal delay 0 Other: CERTIFICATE OF MAILING OR TRANSMISSION {37 CFR 1 .S(a)) 1 hereby certlf:i that this correspondence 1$ being: 0 deposited with the United States Postal Service on the date shown below With sufficient postage as first cla$5 mellln an envelope addressed to: Assls!Bnt Commissioner for Patents, Box DAC, Washington. D.C.20231. liJ transmitted by facsimile on tho date shown bale~ to the United States Patent and TrademOllk Ofti~ at (703) 308-6916. September 4, 2002 Date Signature Kenneth A. Keeling I James E. Hudson Ill Type or printed name of person stantng certificate [Page 2of2) P.03 Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 30 of 41 PageID #: 841 ..• ,.c.,··~ ........ ----·--/ ··--······ . ~ep-~4-02 04:02P IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Raiizadeh. Schumann ) ) / Serial No.: 09/409,013 ) } Group Art Unit: 2174 Filed: 09/29/1999 ) Examiner: Tran, Mylinh T. ) For: Graphic User Interface for Resources) Management of Super Operating ) System Based Computers ) September 4, 2002 Commissioner for Patents and Trademarks Washington. D.C. 20231 RESPONSE TO OFFICE ACTION. FAX RECEIVED :SEP 0 4 2002 ,, This paper is submitted in response to the Office Action mailed on December 26, 2001 ("the Office Action''). I. Amendments Please amend the application as follows: Tn The Claim...s We claim: ., CB!{TJFICA1'ION UNDER 37 C.P.R. 1.8(a) Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 31 of 41 PageID #: 842 .: .. ··~ __ ..... · . . · 'sep-·04-02 04: 02P P.06 I. (amended) A b'faphic user interface for displaying means for allocating a computer device ·s resources to n1ultiple (1peruting system environments, partitioned on individual, virtual cabinets, on said computer device, said graphic user interface comprising: a main menu bar; a cabinet selection button bar; a secondary storage partitiuns window; a cabinet visible partition window; said secondary storage partitilms winduw grclphically illustrating each of at least one partition of at least one secondary storage device; said cabinet visible partition window graphically illustrating at lea.~o~t one cabinet record, each of said at least one cubinet record representing a Jist of at least one of said at least one partitiun; and said cabinet visible partition window graphica1ly illustrating said at least one partition listed for each of said at least one cabinet record. 2. A graphic user interface as in claim 1, further comprising: means for manipulating said at least one cabinet record through said cabinet visible partition window; and means for modifying said at least one partition listed in each of said at least one cabinet record through said cabinet visible partition window. 3. A graphic \tscr interface as in claim 1, further Ct)mprising: a main toolbar; and a cabinet properties window. 2 Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 32 of 41 PageID #: 843 'sep-04-02 04: 02P j. .. ... ~ .. / . ~ ...... · --·.;·. 4. (added) A gr<1phic user interface as in claim 1, further cuntprising means for designating and illustrating 'one of said at least one cabinet record as an active cabinet. 5. (added) A graphic user interface as in claim 4, further comprising means fur designating and illustrilting one of said at leust one partition i..t1 each of said at least one cabinet record as a boatable partition for said at least one cabinet record. 6. (added) A graphic user interrace as in claim I, further comprising a time1· window for graphically illustrating a countdown from a modifiable pre-specified numher to "0". 7. (added) A b'Tilphic user interface us in clain1 1, further compri:;ing at least one button associated with an application program that dnes not require an operating sy!-.1em to be downloaded directly into a memory of said computer device. 8. (added) A graphic user interface as in claim i, further comprising means tor restricting access to said at least one cabinet record through a password input. 9. (addt:d) A graphic user interface as in claim 1, further comprising means for naming said at least one cabinet record. 10. (added) A graphic user interface as in claim I, further comprising means for remote management of any of said multiple operating systems. 3 P.07 Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 33 of 41 PageID #: 844 ·. ~ep-04-02 04:02P 11. (added) A graphic user interface as in claim l, further comprising means for aJlor.:ation of al least one shured partition to said multiple operating systems in said computet' device. 12. (added) A graphic user interface as in claim 1, further con1pritling means tbr allocation of at least ono shared device to said multiple operating systems in said computer device. 13. (added) A graphic user interface as in claim 1, further comprising means fo1· portability in operation in said computer device with said multiple operating systems. 14. (added) A graphic user interface as in claim 1, further' comprising means for portability in operation of at least one No-OS embedded soi\ware applicatio11 in said cumputer device. 15. (added) A graphic user interface as in claim 1. wherein said multiple operating system is a super operating system. 16. (added) A graphic user interface tbr dil>pluying means tbr allocating a computer device's resources to at least one operating system on said computer device, said graphic user interface comprising: a secondary storage partitions window for graphically illustrating each of at least one partition of at least one secondary storage device for each of at least one operating sy~tems on said computer; means for configuring said at least one partition of said at least one secondary storage device through said secondary stmage partitions window; 4 P.OS Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 34 of 41 PageID #: 845 Sep-04-02 04:03P P.09 11 cabinet visible partition window for graphically illu.mputcr program product as in claim 28, further comprising program code means for portability in uperation in said computer system with said multiple operating systems. 39. (added) A computer program product as in claim 28, further comprising program code means for portability in operation of at least one No-OS embedded software application in said computer system. fl. Remarks Concernl11g the Claim Amendments Claim 1 is amended to clarify the nature t)f the cabinet as depicting a partitioned, virtual operational environment. Claims 4 through 15 are added ~o elaborate and expand on the novelty and non·obviousness of the subject matter of claim 1. Independent claim 16 incorporates a limitation if at leust one opcrc~.ting system managed by the inventive graphic user interface. 9 Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 39 of 41 PageID #: 850 .. 8 .J 308 6916 TX/RX NO CONNECT! ON TEL CONNECTION ID START TIME USAGE TIME PGS. RESULT ********************* *** RX REPORT *** ********************* INCOMPLETE RECEPTION 7884 09/04(WE)l6:18 05'43" 13 NG 09/04/02 (WE) 16:26 P.OOl Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 40 of 41 PageID #: 851 .·-"· UNITED STATES 1-'ATENT AND ThADEMARK OmcE Kelling Law Firm. 901 North Post Oak Road Houston, TX 77024-3845 In re Application of Parviz Moayyad, et al. Application No. 09/409,013 Filed: September 29, 1999 Attorney Docket No. NIA COMMISSIONER FOR PATENTS UNITED STATES PATENT AND TRADEMARK OFFICE WASHINOTON, D.C. ZOZ.31 www.uspto.gov PaperNo. 8 COPY MAILED SEP 1 3 2002 OFFICE OF PETITIONS ON PETITION This is a decision on the petition under 37 CFR 1_.137(b), filed September 4, 2002, to revive the above- identified application. The petition is GRANTED. The above-identified application became abandoned for failure to reply within the meaning of37CFR 1.113 in a timely manner to the non-final Office action mailed December 26, 2001, which set a shortened statutory period for reply of three(3) months. No extensions of time under the prov!si,ons of 37 CFR 1.136(a) were obtained. Accordingly, the application became abandoned on Mar~h 27, 2001. Telephone inquiries concerning this decision should be directed to Cheryl Gibson-Baylor at (703)308-5111, or in her absence, Sherry Brinkley at (703)305-9220. The application file is being forwarded to Technology Center 2100, Art Unit 2174. 2!:::1!~~ ; Petitions Examiner Office of Petitions Office of the Deputy Commissioner for Patent Examination Policy Case 2:16-cv-00098-RWS-RSP Document 39-4 Filed 03/10/17 Page 41 of 41 PageID #: 852 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION GLOBAL EQUITY MANAGEMENT (SA) PTY. LTD. Plaintiff, v. EBAY INC., Defendants. CIVIL ACTION NO. 2:16-cv-00098-RWS-RSP [PROPOSED] ORDER ON DEFENDANT EBAY INC.’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY PURSUANT TO 35 U.S.C. §101 Before the Court is eBay Inc.’s Motion for Summary Judgment of Invalidity of U.S. Patent No. 6,690,400 Pursuant to 35 U.S.C. § 101. Having considering the Motion and finding that good cause exists for granting the Motion, the Court is of the opinion that the Motion should in all respects be GRANTED. Accordingly, it is hereby ORDERED that claim 1 of U.S. Patent No. 6,690,400 is invalid for failing to meet the requirements of 35 U.S.C. § 101. It is SO ORDERED. Case 2:16-cv-00098-RWS-RSP Document 39-5 Filed 03/10/17 Page 1 of 1 PageID #: 853