Professional Documents
Culture Documents
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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Case No.
v.
Apple, Inc.
Defendant.
Plaintiff TriDim Innovations, LLC (TriDim or Plaintiff) files this Complaint for
patent infringement against Defendant Apple Inc. (Apple or Defendant) alleging as follows:
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PARTIES
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1.
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2.
existing under the laws of the State of California, with its principal place of business located at 1
Infinite Loop, Cupertino, CA 95014. On information and belief, Apple may be served via its
registered agent, CT Corporation System, 818 West Seventh St., 2nd Floor, Los Angeles, CA
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90017.
JURISDICTION AND VENUE
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3.
This action arises under the patent laws of the United States, Title 35 of the United
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States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
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1338(a).
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4.
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information and belief, Apple has transacted business in this district, and has committed acts of
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On information and belief, Apple is subject to this Courts specific and general
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personal jurisdiction pursuant to due process and/or the California Long Arm Statute, due at least
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to its substantial business in this forum, including: (i) at least a portion of the infringements
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alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses
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of conduct, and/or deriving substantial revenue from goods and services provided to individuals
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in California and in this Judicial District.
-2-
COUNT I
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6.
TriDim is the owner by assignment of United States Patent No. 5,838,326 (the
326 Patent) entitled System for Moving Document Objects in a 3-D Workspace. The 326
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Patent issued on November 17, 1998. A true and correct copy of the 326 Patent is attached as
Exhibit A.
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Upon information and belief, Apple has been and is now infringing the 326 Patent
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in the State of California, in this judicial district, and elsewhere in the United States, by, among
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other things, directly or through intermediaries, making, using, importing, providing, supplying,
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distributing, selling, and/or offering for sale products that infringe one or more claims of the 326
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Patent. Apple products that infringe one or more claims of the 326 Patent include, but are not
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limited to, Apples products that (1) use the iOS7 and iOS8 operating systems and include the
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Safari browser, (2) incorporate the Cover Flow user interface, and (3) include Time Machine.
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Apple is directly infringing, literally infringing, and/or infringing the 326 Patent under the
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doctrine of equivalents. Apple is thus liable for infringement of the 326 Patent pursuant to 35
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U.S.C. 271.
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8.
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monetary damages and is entitled to a money judgment in an amount adequate to compensate for
Apples infringement, but in no event less than a reasonable royalty for the use made of the
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invention by Apple, together with interest and costs as fixed by the court, and TriDim will
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continue to suffer damages in the future unless Apples infringing activities are enjoined by this
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Court.
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9.
Apple has induced and continues to induce infringement of the 326 Patent by
intending that others uses, offer for sale, or sell in the United States, products and/or methods
covered by one or more claims of the 326 Patent, including, but not limited to, Apples products
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that (1) use the iOS7 and iOS8 operating systems and include the Safari browser, (2) incorporate
the Cover Flow user interface, and (3) include Time Machine. Apple provides these products
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to others, such as customers, resellers and end-use consumers, who, in turn, use, offer for sale, or
sell in the United States Apples products that infringe one or more claims of the 326 Patent.
10.
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such as resellers, customers and end-use consumers, in accordance with 35 U.S.C. 271(b) in this
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District and elsewhere in the United States. Direct infringement is a result of the activities
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performed by the resellers, customers and end-use consumers of Apples products that infringe
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Apple has known of the 326 Patent at least as early as December 17, 2009, when
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Apple disclosed the 326 Patent in an Information Disclosure Statement during the prosecution of
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U.S. Patent No. 7,705,858. In fact, the 326 Patent has been referenced as prior art in 23 patents
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that were issued to Apple and relate to Apples Cover Flow user interface, including U.S.
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Apple additionally received notice of the 326 Patent at least as of the date this
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Apples affirmative acts of selling products that infringe one or more claims of the
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326 Patent, causing such products to be manufactured and distributed, and providing instructions
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for using such products, induce Apples resellers, customers and end-use consumers to use such
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products in their normal and customary way to infringe one or more claims of the 326 Patent.
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Apple performs the acts that constituted infringement, and induce actual infringement, with the
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knowledge of the 326 Patent and with the knowledge or willful blindness that the induced acts
constitute infringement.
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Apple specifically intends for others, such as resellers, customers, and end-use
consumers, to directly infringe one or more claims of the 326 Patent, or, alternatively, has been
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willfully blind to the possibility that its inducing acts would cause infringement. By way of
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example, and not as a limitation, Apple induces such infringement by its affirmative action by,
among other things: (a) providing advertising on the benefits of using products that infringe one
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or more claims of the 326 Patent, including in marketing of the Cover Flow user interface, the
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Safari browser and Time Machine; (b) providing instructions on how to use the Cover Flow
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user interface, the Safari Browser, and Time Machine in Apples products; and (c) providing
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hardware and software components required by the claims of the 326 Patent.
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15.
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such as resellers, customers and end-use consumers, to directly infringe one or more claims of the
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326 Patent in the United States because Apple has knowledge of the 326 Patent at least as of the
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date this lawsuit was filed, or December 17, 2009, and Apple actually induces others, such as
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resellers, customers and end-use consumers, to directly infringe the 326 Patent by using, selling,
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and/or distributing, within the United States, products that infringe one or more claims of the 326
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Patent.
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As a result of Apples acts of infringement, TriDim has suffered and will continue
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COUNT II
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17.
TriDim is the owner by assignment of United States Patent No. 5,847,709 (the
709 Patent) entitled 3-D Document Workspace with Focus, Immediate and Tertiary Spaces.
-5-
The 709 Patent issued on December 8, 1998. A true and correct copy of the 709 Patent is
attached as Exhibit B.
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Upon information and belief, Apple has been and is now infringing the 709 Patent
in the State of California, in this judicial district, and elsewhere in the United States, by, among
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other things, directly or through intermediaries, making, using, importing, providing, supplying,
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distributing, selling, and/or offering for sale products that infringe one or more claims of the 709
Patent. Apple products that infringe one or more claims of the 709 Patent include, but are not
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limited to, Apples products that (1) use the iOS7 and iOS8 operating systems and include the
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Safari browser, (2) incorporate the Cover Flow user interface, and (3) include Time Machine.
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Apple is directly infringing, literally infringing, and/or infringing the 709 Patent under the
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doctrine of equivalents. Apple is thus liable for infringement of the 709 Patent pursuant to 35
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U.S.C. 271.
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Apple has known of the 709 Patent at least as early as August 4, 2014 when
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Apple disclosed the 709 Patent in an Information Disclosure Statement during the prosecution of
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U.S. Patent No. 8,893,046, which relates to Apples products. Additionally, Apple disclosed the
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709 Patent on August 5, 2014 in an Information Disclosure Statement during the prosecution of
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Apple additionally received notice of the 709 Patent at least as of the date this
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As a result of Apples acts of infringement, TriDim has suffered and will continue
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WHEREFORE, TriDim respectfully requests that this Court enter judgment in its favor and grant
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1.
A judgment in favor of TriDim that Apple has infringed the 326, and 709
Patents;
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A permanent injunction enjoining Apple and its officers, directors, agents servants,
affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in active
concert therewith from infringement of the 326 and 709 Patents, or such other equitable relief
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A judgment and order requiring Apple pay to TriDim its damages, costs, expenses,
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and prejudgment and post-judgment interest for Apples infringement of the 326 and 709
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infringement;
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Any and all other relief, at law or equity, to which TriDim may show itself to be
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entitled.
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DEMAND FOR JURY TRIAL
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TriDim, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
any issues so triable by right.
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Exhibit A
Card et al.
[45]
[54]
[75]
5,838,326
Date of Patent:
5,555,354
5,602,564
5,608,850
3/1997
Inventors: Stuart
- - K. Card, Los Altos Hills;
gogklgse?zi both of
"
Redmond, Wash.
'
Robertson ..... ..
gaglgtet
0 er sona1~t~~~1
e a ~~~~~~~~~~~~~~~~~~~~~
. ............... ..
5,678,015
10/1997
Goh
5,689,628
11/1997
.................
. . . ..
345/355
22
Fld.
16
ep
[57]
ABSTRACT
.26 1996
[51]
[52]
[58]
[56]
References Cited
5,295,243
5,347,295
5452414
5,463,722
9/1995 Rosenflahl et a1
10/1995
345/355
345/358 X
345/355 X
345/355 X
345/355 X
345/355 X
Venolia ........... ..
5,500,935
5,509,114
5,546,529
203 ;
\d:
345/355X
574997330
Air 5
Where many books and pages that are not in use, but which
it is desirable to have ready access to. Moving document
Objects in the document Workspace is facilitated by touch
345/355 X
Tier
Collection
E i
Collectlon
/ Object
l l
Bookcase
I I
l :
220
i g
205C
205b
Document \ 205a
Object
~
er
205
'
:
i r -------------------------------------- --
I
:
i I"""""""""""""""""""""""""""""""" "'
Document-
Collection
204b
Object
'
Del'<
202
l-
2043
201
:
'zlle
lgg?ggtgg
Document
: :
l I
i ["'m-'3535151561:::::::;un;;r[ """"""""
: :
f h
[32552252
\4
I
206 I
d.ff
U.S. Patent
NOV. 17,1998
Sheet 1 0f 11
INTERNAL
PRO2SSOR
5,838,326
NETWORK
MEMORY
103
CONNECTION
108
BUS 101
M
KEYBOARD
ESB5FGAEL
CONTROL
CURSOR
DISPLAY
U.S. Patent
Nov. 17,1998
Page 211
f
\Pg
Sheet 3 0f 11
212
\\
ec ive
20 $?
Page 213
5,838,326
P9 214
k
i
I
\/////,,.
FIG.2b
U.S. Patent
Nov. 17,1998
Sheet 4 0f 11
\\
5,838,326
\\
g5\.
//
//
FIG.3
U.S. Patent
Nov. 17,1998
5]
Sheet 5 0f 11
5,838,326
////
Bokcase
FIG.4
U.S. Patent
Nov. 17,1998
a]
Sheet 6 0f 11
5,838,326
JlEL
Document Object
Bokcase
220
FIG.5
U.S. Patent
Nov. 17,1998
Sheet 7 0f 11
E1
5,838,326
/
\
\\
//
6
FIG-
U.S. Patent
Sheet 8 0f 11
5,838,326
ll
6E
N
U.S. Patent
Nov. 17,1998
5.1]
Sheet 9 0f 11
5,838,326
////
IL _______ __:
\\
8
FIG.
U.S. Patent
Nov. 17,1998
Sheet 10 0f 11
5,838,326
L _ _
_ _ _
__
FIG.
9
U.S. Patent
Nov. 17,1998
Sheet 11 0f 11
1001
FIG.10
1101
\1102
1 002\_
12K
1202
5,838,326
5,838,326
1
and horiZontal scrolling via scroll bars and point and click
manipulation of a cursor control device to invoke broWser
ments.
BACKGROUND
45
Web. Various Web broWsers exist for the Web, e.g. NetScape
available from NetScape, Inc. of Mountain VieW, California.
Traversing through documents contained on the Web is
similar to folloWing a path through a netWork. Since each
page may contain links to many other pages, traversing
through the pages is a simple matter of folloWing the links.
Most Web broWsers provide controls for going backWards
and forWards in the list of links. They also maintain a history
list of the links to enable jumping directly to a speci?c
previously vieWed page.
55
5,838,326
4
3
vidual document or a document collection. The document
document object.
20
35
40
45
Workspace.
ment objects.
55
Workspace.
FIGS. 45 illustrate a touch drop gesture as may be
60
65
5,838,326
6
10
drive. The cursor control device 106, eg a mouse or 15 mitted to achieve different vieWs of the Workspace. The
description beloW.
25
CompuServ TM.
The currently preferred embodiment of the present inven
35
menu.
5,838,326
7
such tiers are illustrated in FIG. 2a, tiers 204206. The user
Also, the desk and any pages on the desk have been resiZed
10
Document Objects
Some examples:
25
35
book. When not in active use, the WebBook Will close, but
be bookmarked so that When re-opened it Will automatically
open to the last page vieWed.
The internal representation of a document object is as a
data structure having content data representing the
information, ie text or image, that the document object
represents and information for indicating hoW the content
65
5,838,326
9
10
document Workspace.
10
15
the center of the pile (in polar coordinates). The angle from
the document objects are in-line. When the angle from the
35
45
The angle 0 is
(4), 2X), again Where the angle 4) is randomly chosen and the
the pile.
65
5,838,326
11
12
We claim:
doWn position;
comprising:
objects;
10
prising:
means for detecting that said cursor is pointing at a
15
position;
circuitry for detecting that said cursor is moved and
draWing a line corresponding to the movement of
said cursor;
steps of:
positioning said second document object at a random
orientation With respect to said ?rst document; and
displaying a tray visualiZation under said ?rst document
and said second document.
12. The method as recited in claim 11 Wherein said
document collection is placed according to a local polar
space.
25
55
space.
6. A method for moving document objects on a computer
comprising:
objects;
objects;
65
5,838,326
13
14
10
Exhibit B
Card et al.
[45]
[54]
Date of Patent:
5,847,709
*Dec. 8, 1998
11/1993
OTHER PUBLICATIONS
5,838,326.
345/358; 345/976
Field of Search ................................... .. 345/326358,
ton, MA.
[57]
References Cited
10/1991
ABSTRACT
5,140,677
5,295,243
5,347,295
395/159
345/355 X
5,381,158
5,386,507
345/355 X
345/355 X
5,452,414
5,463,722
345/355 X
Venolia ........... ..
345/355 x
5,499,330
345/355 X
5,500,935
5,509,114
5,546,529
345/358 X
345/358 X
345/355 X
5,555,354
5,602,564
345/355 X
345/355 X
345/355 X
5,608,850
5,634,095
5/1997
5,670,984
5,678,015
5,689,628
Wang et al.
......
. . . . . ..
345/326
345/355 X
9%
203
E
Document
Cnllecllon
lJOwmeM
Document
Collectlnn
Collectlon
I.
Documelll
_ Object
Tler
205
2051:
066mm
_/
Object
Tler
Collectlon
2040
Document
2043
0mm
201
Documen
Object
Desk
Z02
U.S. Patent
Dec. s, 1998
Sheet 1 0f 11
INTERNAL
PROQEZSSOR
5,847,709
NETWORK
MEMORY
103
CONNECTION
108
BUS 101
M
ESBER%AEL
105
CONTROL
DE1\(/)|3E
CURSOR
KEYBOARD
104
FIG. 1
DISPLAY
107
U.S. Patent
Dec. s, 1998
"n..-{lauz$m1e;.bp6mn8Jew358_m:583_<:_8mwow
Sheet 2 0f 11
5,847,709
n
u
now
nmowm
u
n
m
5m
.u
60:8
m.E-ug1.
m
m
m
8%
m
m
5
n
m\
"n
mw_moxo m
mm.QI
U.S. Patent
Dec. 8, 1998
Sheet 3 0f 11
5,847,709
I.
"///////////,.
6Eam
U.S. Patent
Dec. s, 1998
Sheet 4 0f 11
\\
5,847,709
//
\
//
\\
FIG.3
U.S. Patent
Dec. s, 1998
Sheet 5 0f 11
5,847,709
YQI
U.S. Patent
Dec. s, 1998
Sheet 7 0f 11
5,847,709
//
\
S
Q
U.S. Patent
Dec. s, 1998
Sheet 8 0f 11
ETJ
5,847,709
/
\
\
\\
7%
\\\
//
FIG.
7
US, Patent
Dec. 8, 1998
Sheet 9 0f 11
5,847,709
| \
8
FIG.
U.S. Patent
Dec. s, 1998
Sheet 10 0f 11
5,847,709
9% z
.QI
m
U.S. Patent
Dec. s, 1998
Sheet 11 0f 11
1001
1002\
_/
FIG. 10
1101
_/
\1102
1002\
12K
5,847,709
5,847,709
1
SPACES
and horiZontal scrolling via scroll bars and point and click
ments.
2. Background
Access to and use of electronic documents is groWing at
a very explosive pace. To facilitate use of large collections
25
to and provide access to other pages on the Web. Each page 35 de?ning the strand path, minimum and maximum separation
has associated With it an identi?er termed a Uniform
constraints de?ning the distance betWeen the child docu
40
45
Web. Various Web broWsers exist for the Web, e.g. NetScape
available from NetScape, Inc. of Mountain VieW, Calif.
Traversing through documents contained on the Web is
similar to folloWing a path through a netWork. Since each
page may contain links to many other pages, traversing
through the pages is a simple matter of folloWing the links.
Most Web broWsers provide controls for going backWards
and forWards in the list of links. They also maintain a history
list of the links to enable jumping directly to a speci?c
previously vieWed page.
Most publicly available Web broWsers operate on a com
55
5,847,709
4
3
document object is a graphical representation of an indi
document object.
The document Workspace is divided hierarchically in
15
Page
other pages.
Link
35
of a document.
ment objects.
BRIEF DESCRIPTION OF THE DRAWING
45
incorporated by reference.
Workspace.
WebBook
A representation of an aggregation of Web pages Which
provides rapid local interaction. WebBooks are described in
65
5,847,709
5
10
15
25
description beloW.
CompuServ TM.
The currently preferred embodiment of the present inven
35
45
menu.
55
5,847,709
7
interacted With. In FIG. 2a, a desk 202 and the air 203
such tiers are illustrated in FIG. 2a, tiers 204206. The user
Also, the desk and any pages on the desk have been resiZed
the focus space so that the contents of the bookcase 220 can
Document Objects
occlusion, and over a hundred if occlusions are alloWed. 25 hoW the text and image data is to be presented to the user.
Some examples:
book. When not in active use, the WebBook Will close, but
be bookmarked so that When re-opened it Will automatically
45
be the result of accessing a linked page on a page being 55 previously occupying the focus space to move to the imme
interacted With or the result of a Web search request.
diate space (the desktop). HoWever, it is often desirable to
move document objects to locations other than the focus
In order to vieW the contents of the tertiary space, ie the
objects.
5,847,709
9
10
document Workspace.
trated in FIG. 9 Where the page 202a has been moved to tier
205 of the air portion of the immediate space in the
25
35
the center of the pile (in polar coordinates). The angle from
the document objects are in-line. When the angle from the
center is chosen randomly, each pile Will have a distinct
appearance and each document in the pile Will be visible.
Creation of piles With the angle from the center chosen
randomly is illustrated in FIG. 12. FIG. 12 illustrates a third
document being placed on the pile. Referring to FIG. 12, a
document 1201 having a center 1202 is added to the pile. In
this case the center 1202 is at coordinate (4), 2X), again Where
the angle 4) is randomly chosen and the radius 2X determined
by When the document Was added to the pile.
It should be noted that in the pile representation of the
creating a pile.
The touch drop gesture also has the advantage of not
55
move document aWay from the user (so the document object
gets smaller), side?icks move document objects to the
bookcase or to other portions of the immediate areas. By
comprising:
65
5,847,709
11
12
objects;
comprising:
document retrieval means for retrieving document
objects;
in use.
15
objects;
predetermined siZe.
3. The computer controlled display system as recited in
objects; and
JS 44 (Rev. 09/11)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
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Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity.
Example:
U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.