ORDER GRANTING MOTIONS FOR JUDGMENT ON THE PLEADINGS · states that a “myriad [of] speech...

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

In re WEST VIEW RESEARCH, LLC

patent cases

Case Nos.:

14-CV-2675-CAB (WVG)



ORDER GRANTING MOTIONS

FOR JUDGMENT ON THE

PLEADINGS

Before the Court is the motion for judgment on the pleadings filed by Tesla Motors,

Inc. (“Tesla”) in Case No. 14-CV-2679. [Doc. No. 47.] The motion has been joined by

the defendants in Case No. 14-CV-2675 (collectively, the “Hyundai Defendants”), and

Case No. 14-CV-2677 (collectively, the “Nissan Defendants,” and together with Tesla and

the Hyundai Defendants, the “Defendants”). Plaintiff has opposed the motion, and the

Court held a hearing on October 29, 2015. For the reasons set forth below, the motion is

granted.

I. Background

On June 10, 1999, Robert Gazdzinski filed an application that issued on September

2, 2003 as United States Patent No. 6,615,175 for a “‘Smart’ Elevator System and Method.”

The patent discloses a system and subsystems utilizing computer hardware, software and

other peripherals, known in the art, to provide information to occupants in an elevator, or

Case 3:14-cv-02675-CAB-WVG Document 60 Filed 12/11/15 PageID.1474 of 55

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users of other “personnel transport devices” such as moving walkways or shuttles. It also

discloses sub-systems that control the operation of the elevator car. The specification is

directed at various embodiments of such a system and sub-systems, incorporated into an

elevator car, although it asserts that certain aspects of the invention may be useful in other

applications.

In discussing the problems the invention resolves, the patent focuses on the role of

elevators, and similar devices, widely used in modern urban life to transport large numbers

of people between two locations on a routine basis. The patent states that advances in “data

networking, thin or flat panel display technology, personal electronics, and speech

recognition and compression algorithms and processing” have made it technologically and

commercially viable to provide systems that allow users of elevators and such

transportation devices to make productive use of the “dead time” the users experience

waiting for and using such transport devices, by providing access to information such as

directions, news, weather, and advertising. The user is presented with a computer system

that permits the user, audibly through a microphone or physically using a keypad, to make

a query that is processed, and a response is then displayed on a screen or audibly over a

speaker.

The specification discloses the various components of this overall information

system.1 The system includes an input device such as a touch-sensitive keypad and/or

display screen “of the type well known in the electrical arts.” 156 Patent, Col. 5:52-55. An

example of the system’s speech recognition module is set forth, however the specification

states that a “myriad [of] speech recognition systems and algorithms are available, [and]

all considered within the scope of the invention.” Id., Col. 6:5-7. CELP-based voice data

compression, to convert analog speech to a compressed digital format, is disclosed also

recognizing that such algorithms and technology are “well known in the signal processing

1 The ‘175 patent is the parent patent of all the patents at issue. All the asserted patents are based on the

‘175 patent specification. The portions of the specification discussed herein are referenced to the

column and line locations in one of the continuation patents at issue, U.S. Patent No. 8,065,156.


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art” and therefore are not further described. Additionally CELP is described to include any

and all variants of the CELP family and notes that other types of compression algorithms

and techniques may be used as well. Id., Col. 6:8-21.

A digital signal processor is identified as a particular Texas Instruments processor,

but “other types of processors may be used.” Id., Col. 6:36-39. Similarly the central

processor is identified as a particular Intel design, “although others may be used in place

of the [Intel processor].” Id., Col. 6:41-45. A keypad design is disclosed for the input

device however “any number of input devices, including ‘mechanical’ keypads, trackballs,

light pens, pressure sensitive ‘touch’ keypads, or the like maybe used in conjunction with

the present invention.” Id., Col. 7:4-7. The patent discloses touch-screen display devices

“of the type well known in the art, although other types of displays, including ‘flat’ cathode

ray tubes, plasma or TFT display” or “a non-touch sensitive display” may be used. Id.,

Col. 7:11-23.

A remote central server is networked to the system via a “local area network

architecture such a bus, star, ring, star/bus, or other similar topology” and the network may

operate according to any number of networking protocols. Id., Col. 7:41-46. Data may

also be transferred from the system to the remote server via “any wireless interface capable

of accommodating the bandwidth requirements of the system.” Id., Col.7:52-58. Optical

networking architectures and protocols, of the type well known in the data networking arts,

may also be used to transfer data between the server and the system. Id., Col. 7:58-63.

In summary, the various components of the system that function to input a query,

process, retrieve and provide a visual or audible response are described as “well known”

devices and technology, and the patent broadly states that “many different arrangements

for the disposition of various components within the system . . . are possible, all of which

are encompassed within the scope of the present invention.” Id., Col. 7:64-Col. 8:2.

Nothing in the specification suggests that the collection of hardware, firmware and

software that make up the information system to input a user query, process it, and provide

a response is specifically configured and adapted to this particularized use. To the contrary,


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the combination of system components is described as interchangeable and readily

identifiable to those in the art.

The patent then describes various sub-systems, or possible applications for this

overall computer information system. A building directory sub-system is disclosed, with

respect to tenant location and information. This sub-system is described as files in the

system containing tenant information and indicates the sub-system can be programmed to

search these files in response to a user query and provide a variety of responses, including

a location graphic file, depending on the content of the files and the program parameters.

Id., Col. 8:3-Col. 10:2.

The patent also discloses a Network Interface sub-system, in which the input device

or display of the computer information system links to a network interface by cable modem

of the type well known in the networking arts, or any wireless interface that could

accommodate the bandwidth requirements. Using preset function keys, the system

provides information on a variety of predetermined topics at the user’s initiation, such as

weather, news headlines or financial data. The generation of the responsive textual,

graphic or mixed media displays is described as well known in the computer arts and not

further described. Alternatively the computer information system is programmed to

provide information on a rotating basis without the need for user intervention, changing

topics every 10 to 15 seconds for example. Id., Col. 10:3-Col. 11:7.

Should the user of the computer system wish to take the information with him or

her, the patent discloses an Information Download embodiment. Id. Col. 11:8-Col. 12-3.

A user may plug a personal electronic device (PED) into the computer system to download

the information. Such connectors and protocols for this downloading are described as well

known in the electronic arts. “A universal asynchronous receiver/transmitter or universal

serial bus of the type well known in the computer arts is used to electrically interface the

processor of the system and the PED.” Id., Col. 11:33-37 “Application software resident

on the PED is adapted to receive the downloaded data, store it within the storage device of


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the PED, and display it at a later time.” Id., Col. 11:48-50. How the PED application

software is adapted is not disclosed.

There is a lengthy description of a Capacity Sensing sub-system to detect the

passenger load of the elevator car and selectively bypass floors when the capacity is met.

Id., Col. 12:4-Col. 15:18. This sub-system is not relevant to the claims at issue in this

litigation.

A Monitoring and Security sub-system is included that incorporates signals from

cameras and/or motion detectors external to the elevator transmitted to the computer

system’s display. Based on the video monitoring, a user of the system can control the

operation of the elevator, contact a security station, or activate additional lighting. The

patent discloses that many architectures for generating and transmitting video data between

a remote location of cameras and the display unit of the computer system are known and

possible. Id., Col. 15:19-Col. 17:49.

The computer system can also be used as an Identification and Access sub-system,

using radio frequency identification tags (RFID tag), readers, and passwords, encrypted

protocols or spread spectrum techniques for security, all systems well known in the art.

Users with authorized RFID tags could use the computer system to gain access to certain

floors, activate lighting or environmental controls or use the tag as a personal identifier

when downloading data from the computer system to a user’s PED thereby initiating

application of a data file pre-configured to that user’s device. Id., Col. 17:50-Col. 20:8.

The computer system can also be programmed to provide “adaptive advertising or

information.” Id., Col. 20:9-Col. 24:18. “The advertising sub-system is comprised of

components resident within the information and control system, as well as data files and

an adaptive algorithm (not shown) running on the processor.” Id., Col. 20:15-19. The

patent describes two functional modes for the adaptive algorithm.

In the “prompt” mode the computer system samples the conversation between the

elevator passengers, and identifies keyword(s), then uses the keyword(s) to search and

select related advertising image data and display or audibly project the advertising.


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Alternatively, advertising is provided in response to a user selection, such as in response

to a user selecting a certain floor, advertising related to the tenants on that floor is displayed.

Id., Col. 20:26-Col. 22:52.

In the “statistical” mode, the computer systems gathers statistics on the speech

patterns of the elevator occupants to determine the most frequently encountered words

within its library. Advertising related to the encountered words is displayed in proportion

to the percentage of statistical frequency that the related words are recognized.

Alternatively, in relation to user queries, advertising corresponding to the query is

displayed like “banner” display advertising “commonly used with prior art Internet

browsers.” Id., Col. 22:53-Col. 24:18.

Gazdzinski filed and was granted a series of continuation patents based on this

disclosure. At issue in this motion are the following continuation patents, assigned by

Gazdzinski to plaintiff West View Research LLC and asserted against Defendants: United

States Patent Nos.: 8,065,156; 8,290,778; 8,296,146; 8,682,673; 8,706,504; 8,712,777;

8,719,037; 8,719,038; and 8,781,839.

The asserted claims of these continuation patents (set forth in Doc. Nos. 47-4

through 47-12, and attached hereto as Exhibits 1-9)2 are not limited to the elevator

environment for the computer system and applications as the parent patent claims are.

Instead the continuation claims generally recite an apparatus3 consisting of the generic

computer components disclosed in the specification with a program capable of receiving

digitized speech or other input from a user, processing the user’s query for some form of

information (directions, “topical” areas or other “desired” information) and providing a

response.

2 Collectively these patents have 365 claims, which Plaintiff contends are all at issue in this litigation.

To provide for efficient management of this litigation, the Court required Plaintiff to identify no more

than seven claims per patent (a total of 63 claims) to assert against the defendants. Consequently, it is

understood that the selected claims represent the most important and relevant claims for this litigation. 3 The ‘777 patent claims a method to provide directions based on a digitized speech query.


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Defendants argue that the claims of these continuation patents are directed at an

abstraction - requesting and receiving information. They contend that claim limitations for

the system’s generic computer components such as the use of voice recognition modules

or touch screen displays, using wireless or wired network connections, or the limitations

particularizing the type of information sought and delivered, do not transform these claims

from an abstract idea to a patentable invention. The claims recite no more than generic

computer components functioning in their conventional manner to provide information to

a user. To the extent the claim limitations include a particular type of information that is

stored, retrieved and provided, the patent simply states the computer system is or can be

programmed to provide this information. Defendants have therefore moved for judgment

on pleadings pursuant to Rule 12(c) that based on the asserted claims of the patents at issue,

these continuation patents claim an abstraction and are invalid under 35 U.S.C. §101.

II. Legal Standard Under Rule 12(c)

On matters of procedural law that do not implicate patent law, the Federal Circuit

defers to the law of the regional circuit court. Imation Corp. v. Koninklijke Philips

Electronics N.V., 586 F.3d 980, 984 (Fed. Cir. 2009) (“In reviewing a grant of judgment

on the pleadings, this court applies the procedural law of the regional circuit.”). Thus,

Ninth Circuit procedural law for Rule 12(c) motions applies here. In the Ninth Circuit, a

“motion for judgment on the pleadings faces the same test as a motion under Rule

12(b)(6).” McGlinchy v. Shell Chem. Co., 845 F.2d 802, 810 (9th Cir. 1988); see also

Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“Because the

motions are functionally identical, the same standard of review applicable to a Rule 12(b)

motion applies to its Rule 12(c) analog.”).

The standard under Rule 12(b) is a familiar one. “To survive a motion to dismiss, a

complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief

that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell

Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see also Cafasso, U.S. ex rel. v.

Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1055 (9th Cir. 2011) (holding that the Iqbal


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standard applies to Rule 12(c) motions). A claim is facially plausible when the collective

facts pled “allow . . . the court to draw the reasonable inference that the defendant is liable

for the misconduct alleged.” Id. There must be “more than a sheer possibility that a

defendant has acted unlawfully.” Id. Facts “‘merely consistent with’ a defendant’s

liability” fall short of a plausible entitlement to relief. Id. (quoting Twombly, 550 U.S. at

557). The Court need not accept as true “legal conclusions” contained in the complaint,

id., or other “allegations that are merely conclusory, unwarranted deductions of fact, or

unreasonable inferences.” Daniels-Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998 (9th Cir.

2010).

III. Discussion

A. 35 U.S.C. § 101

Section 101 defines the subject matter eligible for patent protection as: “any new and

useful process, machine, manufacture, or composition of matter, or any new and useful

improvement thereof.” 35 U.S.C. § 101. The Supreme Court has clarified that Section 101

“contains an important implicit exception: Laws of nature, natural phenomena, and

abstract ideas are not patentable.” Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S.Ct. 2347,

2354 (2014); see also Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S.Ct.

1289, 1293 (2012) (“Phenomena of nature, though just discovered, mental processes, and

abstract intellectual concepts are not patentable, as they are the basic tools of scientific and

technological work.”) (quoting Gottschalk v. Benson, 409 U.S. 63, 67 (1972)). However,

“an invention is not rendered ineligible for patent simply because it involves an abstract

concept.” Alice, 134 S.Ct. at 2354. Rather, “applications of such concepts to a new and

useful end . . . remain eligible for patent protection.” Id. (internal quotations and brackets

omitted). “Accordingly, in applying the § 101 exception, [the court] must distinguish

between patents that claim the building blocks of human ingenuity and those that integrate

the building blocks into something more, thereby transforming them into a patent-eligible

invention.” Id. (internal quotations, citations, and brackets omitted); see also Potter Voice

Tech., LLC v. Apple Inc., No. C 13-1710 CW, 2015 WL 5672598, at *2 (N.D. Cal. Jun. 11,


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2015) (same).

“The issue of invalidity under Section 101 presents a question of law.” OpenTV,

Inc. v. Apple, Inc., No. 14-cv-1622-HSG, 2015 WL 1535328, at *2 (N.D. Cal. Apr. 6,

2015). The analysis of whether a patent falls within the exceptions to Section 101 is a two-

step process. First, the Court must “determine whether the claims at issue are directed to

a patent-ineligible concept.” Alice, 134 S.Ct. at 2355; see also DDR Holdings, LLC v.

Hotels.com, L.P., 773 F.3d 1245, 1255 (Fed. Cir. 2014). Second, if the claims are directed

to a patent-ineligible concept, the Court must “consider the elements of each 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.” Alice, 134 S.Ct. at

2355. This second step is also known as “a search for an inventive concept—i.e., an

element or combination of elements that is sufficient to ensure that the patent in practice

amounts to significantly more than a patent upon the ineligible concept itself.” Id. (internal

quotations and brackets omitted).

B. Timing of the Instant Motion

There is no “bright line rule requiring district courts to construe claims before

determining subject matter eligibility.” Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of

Canada (U.S.), 687 F.3d 1266, 1273 (Fed. Cir. 2012); see also Content Extraction &

Transmission LLC v. Wells Fargo Bank, N.A., 776 F.3d 1343, 1348 (Fed. Cir. 2014)

(“[C]laim construction is not an inviolable prerequisite to a validity determination under §

101.”). At the same time, the Federal Circuit has stated that “it will ordinarily be

desirable—and often necessary—to resolve claim construction disputes prior to a § 101

analysis, for the determination of patent eligibility requires a full understanding of the basic

character of the claimed subject matter.” Id. at 1273-74. That being said, “[r]elying on

Alice, an increasing number of district courts have found claim construction unnecessary

when determining the eligibility of patents that rely on computer implementation at the

motion to dismiss stage.” Boar’s Head Corp. v. DirectApps, Inc., No. 2:14-cv-1927-KJM-

KJN, 2015 WL 4530596, at *4 (E.D. Cal. Jul. 28, 2015); see also OpenTV, 2015 WL


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1535328, at *2 (listing cases where courts have granted motions to dismiss or for judgment

on the pleadings based on Section 101 prior to formal claim construction.).

“Although it is defendants’ burden to show ineligibility, a court should look to the

plaintiff to show some factual dispute requiring claim construction.” Boar’s Head Corp.,

2015 WL 4530596, at *7. Here, Plaintiff’s opposition is couched in generalities, and

Plaintiff fails to identify a construction that would affect the Court’s analysis of the instant

motion.4 Accordingly, the Court is comfortable considering the instant motion at this stage

in the litigation and without formal claim construction.

C. Representative Claims

Defendants argue that Claim 1 of the ‘778 patent, and Claim 10 of the ‘156 patent

are representative, and that the Court need not address every claim of each patent in this

case. Plaintiff disagrees, but the only claims it has identified as different from those

identified as representative by Defendants are claims that Plaintiff has not asserted in this

lawsuit.

Ultimately, the Court finds that all of the asserted claims in all of the patents are

“substantially similar and linked to the same abstract idea.” Content Extraction &

Transmission LLC, 776 F.3d at 1348. As a result, addressing each asserted claim of the

patents is unnecessary. See id.; see also Wolf, 2014 WL 7639820, at *10 & n.3 (“The

Supreme Court’s precedents have not required a court deciding § 101 eligibility to parse

each individual claim, instead finding an analysis of representative claims sufficient.”); but

see Blue Spike, LLC v. Google Inc., No. 14-cv-1650-YGR, 2015 WL 5260506, at *7 (N.D.

Cal. Sept. 8, 2015) (analyzing all of the claims in suit, but also noting that when the only

material distinctions among the claims are the inclusion of generic computer components,

such distinctions did not save the claims from invalidity).

4 See generally Wolf v. Capstone Photography, Inc., No. 2:13–CV–09573, 2014 WL 7639820, at *10 &

n. 3 (C.D. Cal. Oct. 28, 2014) (finding it appropriate to consider motion for judgment on the pleadings

premised on Section 101, noting “beyond the conclusory statement that . . . terms would have to be

construed in order to determine whether they cover an abstract idea, plaintiff offers no argument as to how

claim construction would aid the court in applying § 101 to these non-technical terms.”).


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D. Analysis

1. Abstract Ideas

Defendants argue that the claims at issue here fall within the Section 101 exception

because they are patent-ineligible abstract ideas. “The “abstract ideas” category embodies

the longstanding rule that an idea of itself is not patentable.” Alice Corp., 134 S.Ct. at 2355

(internal quotations and brackets omitted). “The Federal Circuit has characterized an

abstraction as ‘an idea, having no particular concrete or tangible form.’” Potter Voice

Tech., 2015 WL 5672598, at *2 (quoting Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709,

714 (Fed. Cir. 2014)).

“[C]ourts have repeatedly held that finding information using a computer is an

abstract idea.” Id. at *3 (citing Content Extraction and Transmission LLC, 776 F.3d 1343).

Plaintiff itself describes the asserted claims as inventions that bring multi-functionality,

elegance and simplicity to human-machine interaction in the context of a user/operator

requesting information. [Doc. No. 52, at 6.] In sum, all the asserted claims are directed at

using a computer to provide information to a user and are therefore abstract ideas.

2. Inventive Concept

Having determined that the claims at issue are directed at abstract ideas, the next

step is to “examine the elements of the claim to determine whether it contains an ‘inventive

concept’ sufficient to ‘transform’ the claimed abstract idea into a patent-eligible

application.” Alice Corp., 134 S.Ct. at 2357 (internal quotations omitted). This

transformation “requires more than simply stating the abstract idea while adding the words

‘apply it.’” Id. “[T]he mere recitation of a generic computer cannot transform a patent-

ineligible abstract idea into a patent-eligible invention.” Alice Corp., 134 S.Ct. at 2358;

see also DDR Holdings, 773 F.3d at 1256 (“[A]fter Alice, there can remain no doubt:

recitation of generic computer limitations does not make an otherwise ineligible claim

patent-eligible.”). “Thus, if a patent’s recitation of a computer amounts to a mere

instruction to ‘implement’ an abstract idea ‘on a computer,’ that addition cannot impart

patent eligibility.” Id. (internal citations and ellipses omitted).


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“In order for the addition of a machine to impose a meaningful limit on the scope of

a claim, it must play a significant part in permitting the claimed method to be performed,

rather than function solely as an obvious mechanism for permitting a solution to be

achieved more quickly, i.e., through the utilization of a computer for performing

calculations.” SiRF Tech., Inc. v. Int’l Trade Comm’n, 601 F.3d 1319, 1333 (Fed. Cir.

2010); see also Bancorp Servs., L.L.C., 687 F.3d at 1278 (“The fact that the required

calculations could be performed more efficiently via a computer does not materially alter

the patent eligibility of the claimed subject matter.”). “[M]erely adding computer

functionality to increase the speed or efficiency of the process does not confer patent

eligibility on an otherwise abstract idea.” Intellectual Ventures I LLC v. Capital One Bank

(USA), 792 F.3d 1363, 1370 (Fed. Cir. 2015); see also Blue Spike, LLC, 2015 WL 5260506,

at *6 (“Merely adding limitations involving the use of general purpose computer

components to an otherwise abstract concept does not constitute an inventive concept

sufficient to save a claim from invalidity.”).

A recent decision summarized the current state of § 101 jurisprudence as requiring,

with respect to patentability of computer programs “that the patent claims in suit (1)

disclose a problem ‘necessarily rooted in computer technology,’ and (2) claim a solution

that (a) not only departs from the ‘routine and conventional’ use of the technology, but (b)

is sufficiently specific so as to negate the risk of pre-emption. Parus Holdings, Inc. v.

Sallie Mae Bank, __ F.Supp. 3d __, 2015 WL 5886179, at *6 (D. Del. Oct. 8, 2015) (citing

DDR Holdings, 773 F.3d at 1257; Intellectual Ventures, 792 F.3d at 1371)).

Plaintiff argues that the asserted claims cover a “novel, patentable combination of

hardware, software, and firmware components specifically configured and adapted for a

particular architecture and use, and to solve particular technological problems.” [Doc. No.

52, at 10-11.] This argument is flatly contradicted by the specification that repeatedly

states the components are interchangeable and no particular configuration or architecture

is required for the system to operate. “In short, each step does no more than require a

generic computer to perform generic computer functions.” Alice Corp., 134 S.Ct. at 2359.


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The claims here “are not tied to any particular novel machine or apparatus, only a

general purpose computer.” Id. The claims simply involve the use of a computer to receive

input from a user (either vocally or through soft function keys), and provide information in

response to that input. This same function could be performed by a person in place of the

computer. Moreover, “a computer generating data in response to inputted data . . . is what

computers have done since their inception, as courts have recognized for years.” Boar’s

Head, 2015 WL 4530596, at *10 (listing cases). “[T]he computer simply performs more

efficiently what could otherwise be accomplished manually.” Bancorp Servs., L.L.C., 687

F.3d at 1279. “That a computer receives and sends the information over a network—with

no further specification—is not even arguably inventive.” buySAFE, Inc. v. Google, Inc.,

765 F.3d 1350, 1355 (Fed. Cir. 2014).

Relying on DDR Holdings, Plaintiff argues in its opposition that its claims “recite a

specific way to automate a process” and are therefore patent-eligible. Unlike the claims

here, however, the claims in DDR Holdings were “necessarily rooted in computer

technology in order to overcome a problem specifically arising in the realm of computer

networks.” DDR Holdings, 773 F.3d at 1257. The patents here do not claim solutions to

a problem that arose uniquely in the realm of computer networks. Rather, the specifications

describe the patents as solutions to problems associated with existing elevator systems.

The patents do little more than describe the use of a computer to obtain information while

in an elevator (or other related transport device). The general idea of using a generic

computer to remedy this problem “is not generally the sort of ‘additional feature’ that

provides any practical assurance that the process is more than a drafting effort designed to

monopolize the abstract idea itself.” Alice Corp., 134 S.Ct. at 2358; see also Content

Extraction & Transmission LLC, 776 F.3d at 1247-48 (“For the role of a computer in a

computer-implemented invention to be deemed meaningful in the context of this analysis,

it must involve more than performance of well-understood, routine, and conventional

activities previously known to the industry.”) (internal brackets and quotations omitted).


14

14cv2675, 14cv2677, 14cv2679

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IV. Conclusion

Having considered the submissions of the parties, the argument of counsel, and

based on the language of the asserted claims and the specification common to all the patents

at issue, the Court finds that the asserted claims of the nine patents are not drawn to patent-

eligible subject matter under 35 U.S.C. §101 and are invalid. Defendants’ motion to

dismiss these claims is therefore GRANTED.

The Court however recognizes that it required Plaintiff to limit its asserted claims in

this case for purposes of efficient case management. Since Plaintiff’s selected claims have

all been determined invalid, Plaintiff may wish to proceed on alternative claims.

Consequently, Plaintiff may request leave to assert alternative claims of these patents with

a good faith showing how they are distinguishable from the claims discussed herein. The

request identifying alternative claims must be filed no later than December 30, 2015. If no

request is made, the Court will enter judgment for these Defendants.

It is SO ORDERED.

Dated: December 10, 2015


EXHIBIT 1

Case 3:14-cv-02679-CAB-WVG Document 47-4 Filed 09/24/15 Page 1 of 4Case 3:14-cv-02675-CAB-WVG Document 60 Filed 12/11/15 PageID.1488 of 55

8,290,778 8,296,146 8,682,673 8,706,504 8,712,777 8,719,037 8,719,038 8,781,839 8,065,156

1. Computerized apparatus

comprising:

1. Computer readable

apparatus comprising a

storage medium, said

storage medium comprising

at least one computer

program with a plurality of

instructions, the computer

readable apparatus being

part of a computerized

information system disposed

on or within a transport

apparatus configured to

transport at least one person

from one location to

another, the computerized

information system being

configured to adaptively

provide a user with desired

information relating to a

plurality of topical areas,

1. Computerized information

apparatus, comprising:


and display apparatus,

comprising:

1. A method of directing a

user to an organization or

entity, the organization or

entity being disposed within

a building or structure, the

method comprising:

1. A transport apparatus

configured to transport one

or more persons from one

location to the next,

comprising: control


enable control of at least

one aspect of the motion or

operation of the transport

apparatus; a passenger

compartment; and

computerized information

and display apparatus

disposed at least partly

within the passenger

compartment, the

information and display

apparatus comprising:


apparatus configured to aid

a user in locating an

organization or entity,


useful for locating an

organization or entity, the

organization or entity being

disposed within a building or

structure, the apparatus

comprising:


apparatus comprising

a wireless interface; a network interface; a network interface; a network interface; a wireless interface;

data processing apparatus; processing apparatus in

data communication with

the network interface;

processing apparatus in



processing apparatus in



data processing apparatus;

a touch-screen input and

display device;

a display device; a display device; and a display device; and a touch-screen input and

display device;

a speech recognition

apparatus in data

communication with the


and

a speech digitization

apparatus in data


processing apparatus; and

a speech digitization

apparatus in data



and

a storage apparatus in data


data processing

apparatus,said storage

apparatus comprising at

least one computer

program,

a storage apparatus

comprising at least one

computer program,

a storage apparatus


computer program,

a storage apparatus


computer program,

the apparatus comprising a

storage medium having a

computer program

configured to run on a

processor,



data processing apparatus,

said storage apparatus


computer program,

a storage medium, said

storage medium comprising

at least one computer

program with a plurality of

instructions,

the storage medium being

part of a computerized

information system disposed

on or within a transport


transport at least one person

from one location to

another,

said at least one program

being configured to:




being configured to, when

executed on a processing

apparatus:



executed:



executed:

the program configured to,

when executed on the

processor:





Exhibit 1 Page 1


receive a digitized speech

input via the speech

recognition apparatus,

receive a digitized

representation of a speech

input of the user of the

transport apparatus via a

speech recognition

apparatus in communication

with the computerized

information system,


input from the speech

digitization apparatus,

obtain digitized speech

generated based on speech

received from a user,

receiving a digitized speech

input generated via a speech


obtain digitized speech

generated based on speech

received from a passenger,

obtain a representation of a

first speech input from the

user,


input via the speech


receive an input from a user

of the transport apparatus,

the input relating to an

organization or entity which

a user wishes to locate;

the speech input relating to

a desired function to be

performed by the


system, the desired function

relating to at least one of the

topical areas;

the input relating to desired

information which a user

wishes to locate; cause

evaluation of the digitized

speech input to identify one

or more words or word

strings within the digitized

input; and

the digitized speech relating

to a query for desired

information which the user

wishes to find; and



the user wishes to locate;

based at least in part on the

input, causing recognition of

at least one word therein

relating to the organization

or entity, and

the digitized speech

comprising an affirmative

query for desired

information which the

passenger wishes to find;

and

the first speech input

relating to a name of a

desired organization or

entity; cause use of at least a

speech recognition algorithm

to process the

representation to identify at

least one word or phrase

therein;



a user wishes to locate;

the input relating to a

desired function;

cause wireless access of a

remote server to access

information necessary to

perform the desired

function; and receive

accessed information

obtained from the remote

server via the wireless

interface; and

cause, based at least in part

on the one or more

identified one or more

words or word strings,

access of a remote network

entity to obtain the desired

information, the obtainment

of the desired information

further comprising:


on the digitized speech,


entity to cause retrieval of

the desired information;


on the digitized speech,


entity to cause retrieval of

the desired information;

cause access of a remote

server via an associated

wireless interface to access

information relating to the

desired function; receive

accessed information via the

wireless interface; and

implement the desired

function using at least a

portion of the received

information;

causing generation of a

listing of a plurality of

possible matches to said

input, thereby creating an

ambiguity; and receipt of

further input regarding at

least one of the listed

plurality of possible matches

to resolve the ambiguity;

and

use at least the identified at

least one word or phrase to

identify a plurality of

possible matches for the

name; cause the user to be

prompted to enter a

subsequent input in order to

aid in identification of one of

the plurality of possible

matches which best

correlates to the desired

organization or entity;

receive data relating to the

subsequent user input;


data, determine which of the

plurality of possible matches

is the one that best

correlates;

Exhibit 1 Page 2



input, cause identification of

a location associated with

the organization or entity;

and

causing identification of a

location associated with the

organization or entity based

at least in part on the at

least one recognized word,

the location being inside of

the building or structure;

and

determine a location

associated with the one of

the possible matches that

best correlates; and


input, causing recognition of

at least one word therein

relating to the organization

or entity, and identification

of a location associated with

the organization or entity


at least one recognized

word, the location being

inside of the building or

structure; and

provide a graphical or visual

representation of the

location on the touch screen

input and display device in

order to aid a user in finding

the organization or entity,

the graphical or visual


location also comprising a

graphical or visual


surroundings of the

organization or entity.

implement the desired

function on the


system using at least a

portion of the received

information and at least one

of: (i) a touch-screen display

and input device of the


system;

wherein the computerized

information apparatus is

further configured to receive

at least a portion of the

obtained information via the

network interface for display

on the display device.



apparatus is further

configured to display

advertising content on the

display device, the content

received via the network

interface and selected based

at least in part on the

digitized speech.

causing provision of a

graphical or visual


location on a touch-screen

input and display device

accessible to the user in

order to aid the user in

finding the organization or

entity, the graphical or visual



graphical or visual

representation of at least the

immediate surroundings of


the immediate surroundings

being inside the building or

structure.



apparatus is further

configured to display

advertising content on the

display device, the content

received via the network

interface and selected based

at least in part on the

digitized speech.

select and cause

presentation of a visual


location, as well as at least

an immediate surroundings

thereof, on a display

viewable by the user, the

visual representation further

comprising visual

representations of one or

more other organizations or

entities proximate to the

location.



location on the touch screen

input and display device in

order to aid a user in finding





graphical or visual


immediate surroundings of


the immediate surroundings

being inside the building or

structure.

wherein said at least one

program is further

configured to: establish an

ad hoc communication link

with a portable

computerized device of a

user of the transport

apparatus; and download at

least a portion of the

received information to the

portable computerized

device via the

communication link.

Exhibit 1 Page 3


EXHIBIT 2


8,290,778 8,290,778 8,290,778 8,290,778


comprising:


comprising:


comprising:


comprising:

a wireless interface; a wireless interface; a wireless interface; a wireless interface;

data processing apparatus; data processing apparatus; data processing apparatus; means for data processing;

a touch-screen input and display

device;

touch-screen input and display

device;


device;


means;

a speech recognition apparatus in

data communication with the

data processing apparatus; and









means for data processing; and


communication with the data

processing apparatus,said storage

apparatus comprising at least one

computer program,



processing apparatus, said

storage apparatus comprising at

least one computer program,







communication with the means

for data processing, said storage

apparatus comprising at least one

computer program,

said at least one program being

configured to:


configured to:


configured to:


configured to:

receive a digitized speech input via

the speech recognition apparatus,








organization or entity which a user

wishes to locate;



wishes to locate;


organization or entity to which a

user wishes to obtain directions;


organization or entity to which a

user wishes to obtain directions;

receive form a remote network

entity a location associated with


receive form a remote network

entity a location associated with


Exhibit 2 Page 4


based at least in part on the input,

cause identification of a location

associated with the organization

or entity; and




or entity; and

the location having been

determined based at least in part

on the input;

the location having been

determined based at least in part

on the input;


representation of the location on

the touch screen input and display

device in order to aid a user in

finding the organization or entity,


representation of the location also

comprising a graphical or visual


surroundings of the organization

or entity.







representation of the location

comprising a map graphic showing

the location of the organization or

entity relative to other

organizations or entities proximate

thereto;

display said directions from the

user's current location to the

organization or entity on the touch

screen input and display device;

and provide a graphical or visual

representation of the location of

the organization or entity on the

touch screen input and display








or entity.

display said directions from the

user's current location to the

organization or entity on the touch

screen input and display means;

and provide a graphical or visual



means in order to aid a user in







or entity.

Exhibit 2 Page 5


wherein: the digitized speech is

received via a microphone

associated with the speech

recognition apparatus, the

microphone being mounted within

the computerized apparatus

proximate the touch-screen input

and display device so that the user

can speak into the microphone

while viewing the touch-screen

input and display device;

the at least one program is further

configured to cause display of

advertising selected by one or

more remote servers accessed via

a network in data communication

with the computerized apparatus

via the wireless interface, the

advertising being selected based the identification of the location

comprises accessing a remote

server via a network in data


computerized apparatus via the the at least one computer

program is further configured to

receive and utilize inputs in an

iterative or hierarchical fashion to

progress through a menu structure

Exhibit 2 Page 6



apparatus: is further configured to

provide a user a graphical

representation of directions from

their current location to a business

or organization, the graphical

representation of directions

comprising the map graphic

displayed on the touch-screen comprises an interface compliant

with an IEEE 802.11 standard.

Exhibit 2 Page 7


EXHIBIT 3


8,296,146 8,296,146 8,296,146 8,296,146 8,296,146

1. Computer readable apparatus

comprising a storage medium, said

storage medium comprising at

least one computer program with

a plurality of instructions,


comprising a storage medium, said

storage medium comprising at

least one computer program with

a plurality of instructions,


of a computerized information

system, the apparatus comprising

a storage apparatus, the storage

apparatus having




a storage apparatus, the storage

apparatus having




the storage apparatus having

the computer readable apparatus

being part of a computerized

information system disposed on or

within a transport apparatus

configured to transport at least

one person from one location to

another,

the computer readable apparatus

being part of a computerized

information system disposed on or

within a transport apparatus

configured to transport at least

one person from one location to

another,

the computerized information

system being configured to

adaptively provide a user with

desired information relating to a



system being configured to

adaptively provide a user with

desired information relating to a



configured to:


configured to:

computerized means configured

to:

computerized logic configured to: computerized logic configured to:

receive a digitized representation

of a speech input of the user of the

transport apparatus via a speech

recognition apparatus in


computerized information system,

receive a digitized representation

of a speech input of the user of the

transport apparatus via a speech

recognition apparatus in


computerized information system,

receive, via a speech recognition

means of the computerized

information system, an input from

the user,


apparatus of the computerized


the user,




the user,

the speech input relating to a

desired function to be performed

by the computerized information

system, the desired function

relating to at least one of the

topical areas;

the speech input relating to a

desired function to be performed

by the computerized information

system;

the input relating to a user's

request to obtain directions to a

business or entity from the

computerized information system;

the input relating to a user's desire

to obtain directions to a business

or entity from the computerized

information system;

the input relating to a user's desire

to obtain directions to a business

or entity from the computerized

information system;

Exhibit 3 Page 8


cause wireless access of a remote

server to access information

necessary to perform the desired

function; and

cause wireless access of a network

in order to access information

stored on a remote server and

necessary to perform the desired

function;

cause utilization of a wireless

interface and a means for

networking in order to access

information disposed on a remote

server or database,


interface and a network to access


server,


interface and a network to access


server,

the information relating to the

directions to the business or

entity,



entity;



entity;

the business or entity disposed at

least partly within a building;

receive accessed information

obtained from the remote server

via the wireless interface; and

receive accessed information

obtained from the remote server

via the wireless interface; and

receive the accessed information

received via the wireless interface;

and



and



implement the desired function on


system using at least a portion of

the received information and at

least one of:

implement the desired function

on the computerized information

system using at least a portion of

the received information and at

least one of

provide the user with at least a

portion of the accessed


directions to the business or entity

via at least one of:











(i) a touch-screen display and input

device of the computerized

information system;

(i) a touch-screen display and input


information system;

(i) a touch screen input and display


information system; and/or



system;



system;

and/or (ii) a speech synthesis


information system.



information system;

(ii) a means for speech synthesis; and/or (ii) a speech synthesis

apparatus;


apparatus; and


information system is disposed on

or within a transport apparatus,

the transport apparatus configured

to transport at least one person

from one location to another; and






from one location to another.

Exhibit 3 Page 9


wherein: said input relating to a

desired function comprises an

input to obtain information

relating to a particular destination

or entity;

said computerized information

system is further configured to

generate a synthesized speech

output via the speech synthesis

apparatus, and

iteratively receive digitized

representations of subsequent

user speech inputs via the speech

recognition apparatus, the

subsequent inputs being used to

traverse a menu structure

comprising a plurality of possible

matching entries;

the map graphic further

comprising an arrow graphic

differentiated at least in color from

the map graphic so as to guide the

user from a current location to the

business or entity.

Exhibit 3 Page 10


said computerized information

system is fixedly mounted within

said transport apparatus such that

at least a portion of said touch-

screen input and display device is

substantially flush with at least one

surface of said transport apparatus

and viewable by the user while

operating the transport apparatus;

and


information system is: fixedly

mounted within a transport

apparatus, the transport apparatus

capable of transport multiple

persons including the user from

one location to another, the fixed

mounting such that the user can

interface with each of the touch

screen input and display device,

the speech synthesis means, and

the speech recognition means,

while operating the transport

apparatus; and

the provision of at least a portion

of the accessed information

relating to the directions to the

business or entity via at least one

of: (i) a touch screen input and

display device of the computerized

system; and/or (ii) a speech

synthesis apparatus,

wherein the provision of at least a


information

comprises provision of at least a

map graphic showing the location

of the destination or entity and

other entities proximate thereto,

the map graphic further





destination or entity.

comprises provision of at least a

map graphic showing the location

of the business or entity and other

businesses or entities proximate

thereto, the map graphic further





business or entity.

Exhibit 3 Page 11


configured to support an ad hoc

communication link with a

portable electronic device of the

user, the ad hoc link being used to

transfer data between the

computerized information system

and the portable electronic device,

enable an ad hoc communication

link with a portable electronic

device of a user of the transport

apparatus, the ad hoc link being

configured to transfer data

between the computerized

information system and the

portable electronic device;

the data relating at least in part to

the user's request to obtain

directions.






from one location to another.

Exhibit 3 Page 12


EXHIBIT 4


8,682,673 8,682,673 8,682,673 8,682,673









a network interface; a network interface; a network interface; a network interface;

processing apparatus in data

communication with the network

interface;



interface;



interface;



interface;

a display device; a display device; a display device; a display device;

a speech digitization apparatus in












a storage apparatus comprising at









configured to, when executed on a

processing apparatus:










receive a digitized speech input

from the speech digitization

apparatus,



apparatus,



apparatus,



apparatus,


information which a user wishes to

locate;



locate;



locate;



locate;

cause evaluation of the digitized

speech input to identify one or

more words or word strings within

the digitized input; and




the digitized input, and





cause identification of one or



Exhibit 4 Page 13


cause, based at least in part on the

one or more identified one or

more words or word strings,

access of a remote network entity

to obtain the desired information,

the obtainment of the desired

information further comprising:

access of a remote networked

entity to obtain the desired

information, the obtainment of

the desired information further

comprising:


identified one or more words or

word strings, access of a remote

network entity to obtain the

desired information;


identified one or more words or

word strings, access of a remote

network server to obtain the

desired information;

causing generation of a listing of a

plurality of possible matches to

said input, thereby creating an

ambiguity; and

causing identification of a plurality

of possible matches to said input;

and

receipt of further input regarding

at least one of the listed plurality

of possible matches to resolve the

ambiguity; and

receipt of further user input

regarding at least one of the

plurality of possible matches to

identify at least one of the

matches that is of interest to the

user; and


information apparatus is further

configured to receive at least a

portion of the obtained

information via the network

interface






interface






interface






interface, and

for display on the display device. for display on the display device. for display on the display device;

and

Exhibit 4 Page 14



information apparatus is

configured to download at least a

portion of the obtained and

received information to a mobile

personal electronic device (PED) of

the user placed in data



apparatus.

to download at least a portion of

the received at least portion of the

obtained information to a mobile

personal electronic device (PED) of

the user placed in data



apparatus for viewing on the

mobile PED.

Exhibit 4 Page 15


EXHIBIT 5


8,706,504 8,706,504 8,706,504

1. Computerized information and

display apparatus, comprising:


display apparatus


display apparatus

for use in a land-mobile transport

apparatus, the information and

display apparatus comprising:

for use in a land-mobile transport

apparatus, the information and


a network interface; a wireless network interface; a wireless network interface;



interface;



interface;



interface;

a display device; and a display device configured to be

viewable by an occupant of the

land-mobile apparatus during use

and

a display device configured to be


land-mobile apparatus during use;

and








configured to, when executed:





obtain digitized speech generated

based on speech received from a

user,


based on speech received from the

occupant,



occupant,

Exhibit 5 Page16


the digitized speech relating to a

query for desired information

which the user wishes to find; and


desired information which the

occupant wishes to obtain;





digitized speech, access of a

remote network entity to cause

retrieval of the desired

information;





information; and





information; and

receive the desired information via





information and display apparatus

is further configured to display

advertising content on the display

device, the content received via

the network interface and selected


digitized speech.




advertising content and at least a

portion of the desired information

on the display device, the content

received via the network interface

and selected based at least in part

on the digitized speech.



is further configured to display at

least a portion of the desired

information on the display device,

the at least portion received via



digitized speech.

Exhibit 5 Page17


EXHIBIT 6


8,712,777 8,712,777 8,712,777 8,712,777

1. A method of directing a user to

an organization or entity, the

organization or entity being

disposed within a building or

structure, the method comprising:

38. A computerized method of

providing directions, the method

comprising:

60. A method of navigating to a

desired entity or organization

using a transport device having a

passenger compartment and a

computerized touch-screen input

and display device disposed

substantially within the passenger

compartment, the desired entity

or organization having a plurality

of other organizations or entities

disposed proximate thereto, the

method comprising:

62. A computerized method of

providing directions, the method

comprising:

a user entering the passenger

compartment;

receiving an input from a user, the

input causing a computerized

information apparatus to enter an

operational mode, the mode

enabled to receive one or more

speech inputs relating to an

organization or entity which the

user wishes to find;

receiving a digitized speech input

generated via a speech digitization

apparatus,

generating a digitized

representation of a user's speech

input

receiving a speech input from the

user

Exhibit 6 Page 18



organization or entity which the

user wishes to locate;

relating to an organization or

entity within a building to which

the user wishes to obtain

directions;

the user speaking at least a name

of the desired entity or

organization into a microphone

naming the organization or entity;

using at least the speech input,

generating a digitized

representation of the speech

input;

in communication with a speech

recognition apparatus, the speech

recognition apparatus being in

data communication with a

processing apparatus,

the processing apparatus being in



device viewable when speaking

into the microphone;

the user perceiving a listing of two

or more possible matching

organizations or entities;

the user providing an input to

select one of the two or more

possible matching organizations or

entities from the list so as to

resolve ambiguity as to which of

the two or more organizations or

entities is the desired organization

or entity;

Exhibit 6 Page 19



causing recognition of at least one

word therein relating to the

organization or entity, and

utilizing a speech recognition

apparatus to cause identification

of at least one word or phrase

within the digitized

representation;

utilizing a speech recognition

apparatus to cause identification

of at least one word or phrase

within the digitized

representation;

causing identification of a location


or entity based at least in part on

the at least one recognized word,

causing identification of the

organization or entity and a

location relating thereto based at

least in part on the at least one

word or phrase;

causing identification of the

organization or entity and a

location relating thereto based at

least in part on accessing a remote

server using the at least one word

or phrase;

the location being inside of the

building or structure; and

displaying directions from a user's

current location within the

building to the organization or

entity on a touch-screen input and

display device accessible to the

user; and

displaying directions to the

organization or entity on a touch-

screen input and display device

accessible to the user; and

causing provision of a graphical or

visual representation of the

location on a touch-screen input

and display device accessible to

the user in order to aid the user in


providing a graphical or visual

representation of the location of

the organization or entity on the


device in order to aid the user in


the user viewing a graphical or

visual representation of a location

of the desired organization or

entity on the touch-screen input

and display device in order to

assist in finding the desired


contemporaneously with the

displaying, providing a graphical or


location of the organization or

entity on the touch-screen input

and display device in order to aid a

user in finding the organization or

entity,

Exhibit 6 Page 20






immediate surroundings of the


immediate surroundings being

inside the building or structure.




representation of the immediate


or entity within the building,

including other entities or

organizations proximate thereto.



comprising a map showing the

location of the desired

organization or entity relative to at

least one other organization or

entity proximate thereto; and




representation of the immediate


or entity, including other entities

or organizations proximate

thereto.

contemporaneously with the

viewing, the user viewing a

graphical representation of

directions to the desired


graphical representation of

directions comprising the map

displayed on the touch-screen

input and display device and

having at least one highlighted line

or arrow showing the path for the

user to follow; and

the user causing the transport

device to move from a current

location to a location at least more

proximate to the location of the

desired organization or entity.

Exhibit 6 Page 21


EXHIBIT 7


8,719,037 8,719,037 8,719,037 8,719,037 8,719,037 8,719,037


configured to transport one or

more persons from one location to

the next, comprising:




another, comprising:

37. A land-mobile transport

apparatus configured to transport

one or more persons from one

location to another, comprising:




another, comprising:

48. A land-mobile personnel

transport device configured to

transport one or more persons

from one location to another,

comprising:

77. A land-mobile personnel

transport device configured to

transport one or more persons

from one location to another,

comprising:

control apparatus configured to

enable control of at least one

aspect of the motion or operation

of the transport apparatus;

a passenger compartment; and a passenger compartment; and a passenger compartment; and a passenger compartment; and a passenger compartment; and a passenger compartment; and

computerized information and

display apparatus disposed at least

partly within the passenger

compartment, the information and



























a network interface; a wireless network interface; a wireless network interface; a wireless network interface; a wireless network interface; a wireless network interface

means;



interface;



interface;



interface;



interface;



interface;

processing means in data


interface for processing data;

a microphone;

a display device; and a display device; and a display device configured to be



and



transport apparatus during use;

and




and

display device means configured

to be viewable by an occupant of

the land-mobile apparatus during

use for displaying information;

and

















computerized logic configured to,

when executed:

computerized logic means

configured to, when operated:



passenger,



passenger via the microphone,



occupant,



occupant,



occupant,

computerized logic means

configured to, when operated:

Exhibit 7 Page 22


the digitized speech comprising an

affirmative query for desired

information which the passenger

wishes to find; and

the digitized speech comprising an

affirmative request for desired

information which the passenger

wishes to find via a network

search, the desired information

relating to at least one of a

plurality of predetermined topics

of interest; and

the digitized speech comprising a

request for desired information

which the occupant wishes to

obtain;

the digitized speech comprising

one or more terms relating to a



the received speech comprising a



obtain;

the received speech comprising a



obtain;





information;


digitized speech, search of a



information;



remote network entity via the

network interface to cause


information; and

cause, based at least in part on at

least one of the one or more

terms, access of a remote network

entity via the network interface to

cause retrieval of the desired

information; and






information; and






information; and








the network interface means;




advertising content on the display

device, the content received via



digitized speech.

wherein the apparatus is further

configured to display content on

the display device, the content

received via the network interface

and selected based at least in part

on the digitized speech.

wherein the apparatus is further

configured to display at least a


on the display device, the

information received via the

network interface and selected


digitized speech; and



is further configured to display at

least a portion of the desired

information on the display device,

the information received via the




wherein the information and

display apparatus is further



on the display device, the





wherein the information and

display apparatus is further



on the display device means, the


network interface means and

selected based at least in part on

the digitized speech; and

wherein the desired information

comprises at least one of a map

and/or directions to a particular

organization or entity accessible by

the transport apparatus.





the transport apparatus, the at

least one map and/or directions

comprising a graphical

representation of the organization

or entity and its surroundings.





the occupant.


comprises a map and visual

directions to a particular


the transport device,

Exhibit 7 Page 23


the visual directions comprising at

least a visually differentiated line

or arrow showing a direction of

travel from one location to the

organization or entity via one or

more pre-established travel

infrastructure.

Exhibit 7 Page 24


EXHIBIT 8


8,719,038 8,719,038 8,719,038 8,719,038


configured to aid a user in locating

an organization or entity,


apparatus configured to aid a user

in locating an organization or

entity, the apparatus comprising:

54. Smart computerized apparatus

capable of interactive information

exchange with a human user, the


66. Smart computerized apparatus

capable of interactive information

exchange with a human user, the


a microphone; a microphone; a microphone;

one or more processors; one or more processors;

a capacitive touch-screen input

and display device;


and display device;


and display device;

a processor in data

communication with the display

device;

speech digitization apparatus in

signal communication with the

microphone;

at least one audio speaker;

speech synthesis apparatus in

signal communication with the at

least one audio speaker; and

speech synthesis apparatus and at

least one speaker in signal

communication therewith;

speech synthesis apparatus and

at least one speaker in signal

communication therewith;

input apparatus configured to

cause the computerized apparatus

to enter a mode whereby a user

can speak a name of an entity into

a microphone in signal


computerized apparatus,

input apparatus configured to

cause the computerized apparatus

to enter a mode whereby a user

can speak a name of an entity into

a microphone in signal


computerized apparatus,

Exhibit 8 Page 25


the entity being an entity to which

the user wishes to navigate; and

the entity being an entity to which

the user wishes to navigate; and

the apparatus comprising a

storage medium having a

computer program configured to

run on a processor,

a storage medium comprising at

least one computer program

configured to run on at least the

processor,

the program configured to, when

executed on the processor:

the at least one program

configured to, when executed on

the processor:

at least one computer program

operative to run on the one or

more processors and configured to

at least one computer program

operative to run on the one or

more processors and configured to

obtain a representation of a first

speech input from the user,

obtain a representation of a first

speech input from the user,

engage the user in an interactive

audible interchange, the

interchange comprising:

digitization of the user's speech

received via the microphone to

produce a digital representation

thereof;

engage the user in an interactive

audible interchange, the

interchange comprising:

digitization of the user's speech

received via the microphone to

produce a digital representation

thereof;

the first speech input relating to a

name of a desired organization or

entity;

the first speech input relating to a

name of a desired organization or

entity;

cause use of at least a speech

recognition algorithm to process

the representation to identify at

least one word or phrase therein;

cause use of at least a speech

recognition algorithm to process

the representation to identify at

least one word or phrase therein;

Exhibit 8 Page 26


use at least the identified at least

one word or phrase to identify a

plurality of possible matches for

the name;

causation of use of the digitized

representation to identify a

plurality of entities which match at

least a portion of the name;

causation of evaluation of the

digitized representation to

determine an appropriate

subsequent audible

communication to be provided to

the user via the speech synthesis

apparatus in order to at least

inform the user of the results;

cause the user to be prompted to

enter a subsequent input in order

to aid in identification of one of

the plurality of possible matches

which best correlates to the

desired organization or entity;

prompt the user for a subsequent

input in order to further clarify the

first speech input and aid in

identification of one of a plurality

of possible matches which best

correlates to the desired

organization or entity;

causation of generation of an

audible communication to the user

via the speech synthesis apparatus

in order to at least inform the user

of the identification of the

plurality of matches;

causation of generation of the

subsequent audible

communication;

Exhibit 8 Page 27


receive data relating to the

subsequent user input; based at

least in part on the data,

determine which of the plurality of

possible matches is the one that

best correlates;

receive the subsequent user input;

and cause, based at least in part

on the subsequent input, (i)

determination of which of the

plurality of possible matches is the

one that best correlates,

receipt of a subsequent speech

input, the subsequent speech

input comprising at least one

additional piece of information;

digitization of the subsequent

speech input to produce a digital

representation thereof; causation

of utilization of at least the digital

representation of the subsequent

input to identify one of the

plurality of entities which

correlates to the entity to which

the user wishes to navigate, and

receipt of a subsequent user input,

the subsequent user input

comprising at least one additional

piece of information useful in

identification of the entity;

causation of utilization of the at

least the at least one piece of

information of the subsequent

input to identify one of a plurality

of entities, the one entity which

best correlates to the entity to

which the user wishes to navigate,

and

determine a location associated

with the one of the possible

matches that best correlates; and

(ii) identification of a location

associated with the one of the

possible matches that best

correlates, and

a location associated with the

entity; and

a location associated with the one

entity; and

select and cause presentation of a


location, as well as at least an

immediate surroundings thereof,

on a display viewable by the user,

the visual representation further

comprising visual representations

of one or more other


to the location.

(iii) selection of a visual

representation of the location, as

well as at least an immediate

surroundings thereof, capable of

display on the display device, the

visual representation further

comprising visual representations

of one or more other


to the location, and directions to

the location.

causation of provision of a

graphical representation of the

location, including at least the


and at least one other entity

geographically proximate to the

entity.

causation of provision of a

graphical representation of the

location, including at least the


and at least one other entity

geographically proximate to the

one entity.

Exhibit 8 Page 28


EXHIBIT 9


8,781,839 8,781,839

1. Computerized apparatus useful

for locating an organization or

entity, the organization or entity

being disposed within a building or

structure, the apparatus

comprising:


comprising:

a wireless interface; a wireless interface;

data processing apparatus; data processing apparatus;


device;


device;


















configured to:


configured to:

Exhibit 9 Page 29



the speech digitization apparatus,



wishes to locate;




organization or entity disposed

within a building or structure

which a user wishes to locate;


causing recognition of at least one

word therein relating to the

organization or entity, and


identification of a location

associated with the organization or

entity based at least in part on the

at least one recognized word,


the location being inside of the

building or structure; and

inside of the building or structure

associated with the organization or

entity; and

Exhibit 9 Page 30











immediate surroundings of the









comprising a map graphic showing

the location of the organization or

entity relative to other


thereto

the immediate surroundings being

inside the building or structure.

inside of the building or structure;

wherein the digitized speech is

generated based at least in part on

user speech received via a

microphone in communication

with the speech recognition

apparatus,

Exhibit 9 Page 31


the microphone being mounted

within the computerized

apparatus proximate the touch-

screen input and display device so

that the user can speak into the

microphone while viewing the


device; and


apparatus: is further configured to

provide a user a graphical

representation of directions from

their current location to the

organization or entity

the graphical representation of

directions comprising the map

graphic displayed on the touch-

screen input and display device

having at least one arrow showing

the path for the user to follow

inside of the building or structure;

and

comprises an interface compliant

with an IEEE 802.11 standard.

Exhibit 9 Page 32


ORDER GRANTING MOTIONS FOR JUDGMENT ON THE PLEADINGS · states that a “myriad [of] speech...

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