Elan Microelectronics Corporation v. Apple, Inc.

Filing 293

Declaration of Jennifer Liu in Support of Plaintiff Elan Microelectronics Corporation's Reply to Apple, Inc.'s Opposition to Elan's Motion for Partial Summary Judgment of Infringement filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit N, # 10 Exhibit O)(Liu, Jennifer) (Filed on 6/16/2011)

EXHIBIT O

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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
EDWARD R. REINES (Bar No. 135960)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and
Counterclaim Plaintiff Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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Case No. C-09-01531 RS
APPLE INC.’S DISCLOSURE OF
PRELIMINARY CLAIM
CONSTRUCTIONS AND EXTRINSIC
EVIDENCE

v.
JURY TRIAL DEMANDED

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APPLE INC.,
Hon. Richard Seeborg

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Defendant and Counterclaim
Plaintiff.

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APPLE’S DISCLOSURE OF PRELIMINARY
CLAIM CONSTRUCTIONS AND EXTRINSIC
EVIDENCE

Case No. C-09-01531 RS

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Pursuant to the Court’s October 1, 2009 Case Management Scheduling Order and

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Patent Local Rule 4-2, Defendant and Counterclaim Plaintiff Apple Inc. (“Apple”) proposes

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preliminary claim constructions, identifies references from the specifications and file histories

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that support its preliminary constructions, and makes a preliminary identification of supporting

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extrinsic evidence. These proposed constructions and evidentiary citations are attached hereto in

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Exhibit A.

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As to Apple’s identification of intrinsic evidence, where Apple cites to a particular

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figure in a reference, the citation should be understood to encompass the caption and description

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of the figure and the text relating to and/or describing the figure. Where Apple cites to particular

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text referring to a figure, the citation should be understood to include the figure and related

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figures as well. Finally, where Apple cites to text of a file history of a patent-in-suit that

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discusses a prior art reference, the citation should be understood to include the relevant portions

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of the prior art reference.

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As to Apple’s preliminary identification of supporting extrinsic evidence, at this

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stage, the extrinsic evidence that Apple has identified may be found in the following production

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range: APEL0018461-APEL0018504. By including these reference in its 4-2 statement, Apple is

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not admitting or representing that materials are, as a matter of claim construction jurisprudence,

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“extrinsic evidence.”

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As to expert testimony, Apple may rely on expert testimony about the technology

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that underlies the patents-in-suit. In addition, Apple may rely on expert testimony about the

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meanings of the disputed terms to those skilled in the art. Finally, Apple reserves the right to

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offer expert testimony and other extrinsic evidence to rebut expert testimony or other extrinsic

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evidence, if any, offered by Elan Microelectronics Corporation (“Elan”) in support of its claim

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construction positions. Apple will discuss the role of expert testimony in these claim construction

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proceedings with Elan when the parties meet and confer.

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Apple makes this disclosure based on its current information and understanding of

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the issues in this case. Apple expressly reserves the right to modify this disclosure in view of the

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Patent Local Rule 4-2 disclosures of Elan and the parties’ meet and confer. While Apple had
APPLE’S DISCLOSURE OF PRELIMINARY
CLAIM CONSTRUCTIONS AND EXTRINSIC
EVIDENCE

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Case No. C-09-01531 RS

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made a good faith effort to identify intrinsic and extrinsic evidence supporting its proposed claim

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constructions, it does not know what terms will ultimately be in dispute or what the disputed

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claim constructions will be following the parties’ meet and confer.

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identification of intrinsic and extrinsic evidence evolves as the parties meet and confer on

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proposed claim constructions, Apple will timely update its disclosures.

Insofar as Apple’s

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Dated: January 11, 2010

WEIL, GOTSHAL & MANGES LLP

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By: /s/ Sonal N. Mehta
Sonal N. Mehta
Attorneys for Defendant and
Counterclaim Plaintiff Apple Inc.

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APPLE’S DISCLOSURE OF PRELIMINARY
CLAIM CONSTRUCTIONS AND EXTRINSIC
EVIDENCE

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Case No. C-09-01531 RS

EXHIBIT A
‘352 Patent
Agreed Terms from Synaptics Litigation

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2

3

Claim Term, Phrase, or Clause
“identify a first maxima in a signal
corresponding to a first finger”
(claims 1, 18)
“identify a minima following the first
maxima”
(claims 1, 18)
“identify a second maxima in a signal
corresponding to a second finger following
said minima”
(claims 1, 18)

Agreed Construction
“identify a first peak value in a finger profile obtained from scanning the
touch sensor”
“identify the lowest value in the finger profile that occurs after the first peak
value”
“after identifying the lowest value in the finger profile, identify a second
peak value in the finger profile”

Terms for Construction
Claim Term, Phrase, or Clause
1

“scanning the touch sensor”
(claims 1, 18)

Proposed
Apple’s Proposed Construction
By
Apple
“measuring in a line the values
generated by a touch sensor to
detect operative coupling and
determining the corresponding
positions at which measurements are
made”

Intrinsic
Evidence
Claim 1; Claim
18; Fig. 3; Fig. 4;
Fig. 7B; Fig. 7C;
4:56-57; 4:58-59;
5:23-35; 5:44-55;
5:60-65; 6:14-26;
6:26-35; 8:55-56;

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction

2

“identify”
(claims 1, 18)

Apple

“recognize a value to be”

3

“in response to”
(claims 1, 18)

Apple

“after and in direct reaction to”

1

Intrinsic
Evidence
11:11-15; 11:4955; 14:3-7;
14:39-41; 16:3639; 352 FH 008384, 891
Claim 1; Claim
18; Fig. 6-1; Fig.
6-2; Fig. 9-1; Fig.
9-2; 1:37-40; 7:36; 8:46-50; 8:529:15; 9:12-14;
9:18-11:15;
12:12-14; 13:6465; 15:64-16:5
Claim 1; Claim
18; Fig. 9-1; Fig.
9-2; 6:26-47;
7:54-56; 8:529:15; 14:3-27;
15:26-31; 16:2426; 16:27-29;
16:30-32; 16:3335; 16:44-56;
16:60-63; 16:6467; 17:1-9;

Extrinsic
Evidence

APEL001846163;
APEL001847173;
APEL001847476

APEL001846162, 64

Citations in this format are citations to the production numbers stamped on Apple’s produced versions of the certified file
histories of the patents-in-suit.

2

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction

4

“pointing device click function”
(claim 2)

Apple

“function that would normally result
from a mouse button click”

5

“a ‘select’ function”
(claim 4)

Apple

“a selection of an item”

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“control function”
(claims 14, 19)

Apple

“function that would normally be
provided by the actuation of the
buttons or switches on a mouse”

3

Intrinsic
Evidence
17:27-37; 18:113; 18:17-20;
18:21-25; 18:2533; 352 FH 010304; ELN00199397
Claim 2; 1:41-47;
1:60-2:14; 2:563:15; 4:6-11;
4:30-39; 5:9-19;
6:50-58; 7:8-25;
7:43-48; 7:518:21; 11:16-23;
11:24-35; 11:5612:4; 12:58-67;
13:8-12; 13:2331; 13:32-36;
15:55-59; Patent
Title
Claim 4; Figs.
7B-7E; 11:16-23;
11:56-12:4; 13:812; 13:12-22
Claim 14; Claim
19; 1:41-2:6;
2:56-3:15; 4:3039; 6:50-53;
8:46-50; 12:1420

Extrinsic
Evidence

Claim Term, Phrase, or Clause
7

“means for scanning”
(claim 18)

Proposed
Apple’s Proposed Construction
By
Apple
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is scanning.

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“means for scanning the touch
sensor”
(claim 18)
“means for providing an
indication”
(claim 18)

Elan

Both

Intrinsic
Evidence
Claim 18; Fig. 2;
5:28-55; 5:34-40;
5:60-65; 6:14-26;
7:1-6; 14:3-6

The corresponding structure is an
analog multiplexer, a circuit to
measure changes in capacitance of
sensor conductors, an analog to
digital converter, a microcontroller,
and equivalents thereof.
See function and structure for
“means for scanning.”
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is providing an
indication of the simultaneous
presence of two fingers in response
to identification of said first and
second maxima.
The corresponding structure is the
algorithm found in Fig. 8-1, which
sets a Finger value equal to two after
determining if a scan in either the X
direction or the Y direction has
detected two fingers.

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Claim 18; 7:2633; 14:13-17;
9:18-11:23

Extrinsic
Evidence

Claim Term, Phrase, or Clause
10 “means for selecting an
appropriate control function”
(claim 19)

Proposed
Apple’s Proposed Construction
By
Both
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is selecting an
appropriate control function based
on a combination of a number of
fingers detected, an amount of time
said fingers are detected, and any
movement of said fingers.

11 “means for detecting a distance
between said first and second
maxima”
(claim 24)

12 “means for detecting a distance”
(claim 24)

Apple

Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is detecting a
distance between said first and
second maxima.

Elan

Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is detecting a
distance between said first and
second maxima.

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Intrinsic
Evidence

Extrinsic
Evidence

Claim Term, Phrase, or Clause

13 “means for providing a click
function in response to the
removal and reappearance of said
second maxima within a
predetermined period of time”
(claim 26)

14 “means for providing a click
function”
(claim 26)

Proposed
By

Apple

Apple’s Proposed Construction

Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is providing a
click function in response to the
removal and reappearance of said
second maxima within a
predetermined period of time.

Elan

Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is providing a
click function in response to the
removal and reappearance of said
second maxima within a
predetermined period of time.

15 “means for calculating first and

Apple

Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.
This limitation is governed by 35

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Intrinsic
Evidence

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

second centroids corresponding to
said first and second fingers”
(claim 30) (Section 112(6))

16 “means for calculating first and
second centroids”
(claim 30)

Apple’s Proposed Construction
U.S.C. § 112(6).
The recited function is calculating
first and second centroids
corresponding to said first and
second fingers.

Elan

Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.
This limitation is governed by 35
U.S.C. § 112(6).
The recited function is calculating
first and second centroids
corresponding to said first and
second fingers.
Because the specification does not
disclose a corresponding structure,
this limitation is indefinite.

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Intrinsic
Evidence

Extrinsic
Evidence

‘353 Patent
Claim Term, Phrase, or Clause
1

“panel for touch inputting”
(claims 1, 4, 7, 10)

2

“a first pattern on said panel for
representing a mode switch to
switch said touchpad between a
key mode and a handwriting
mode”
(claims 1, 4)
“a first pattern on said panel for
representing a mode switch to
switch said touchpad between a
key mode and a mouse mode”
(claim 7)
“a first pattern on said panel for
representing a mode switch to
switch said touchpad between a
mouse mode and a handwriting
mode” (claim 10)
“a plurality of regions defined on

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4

5

Proposed
Apple’s Proposed Construction
By
Apple
“an area of the touchpad for fingers
or conductors to touch thereto for
input to affect a separate display”

Intrinsic
Evidence
Claim 1; Claim 4;
Claim 7; Claim
10; Fig. 5; 1:1330; 2:9-12; 2:4146; 2:48-52;
2:60-3:16; 3:3943; 353 FH 010001

Apple

“a static graphical representation
that toggles between key and
handwriting modes”

Claim 1; Claim 4;
Fig. 1; 2:41-46;
353 FH 0100;
353 FH 0160-62

Apple

“a static graphical representation
that toggles between key and mouse
modes”

Claim 7; Fig. 1;
2:41-46; 353 FH
0100; 353 FH
0160-62

Apple

“a static graphical representation
that toggles between mouse and
handwriting modes”

Claim 10; Fig. 1;
2:41-46; 353 FH
0100; 353 FH
0160-62

Apple

“two or more specific regions of the

Claim 1; Claim 4;

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Extrinsic
Evidence
APEL001846870;
APEL0018501;
APEL001848092;
APEL001849398

Claim Term, Phrase, or Clause

Proposed
By

said panel”
(claims 1, 4, 7, 10)

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7

8

9

“a plurality of second patterns on
said plurality of regions for
operation in said key and
handwriting modes”
(claims 1, 4)
“a plurality of second patterns on
said plurality of regions for
operation in said key and mouse
modes”
(claim 7)
“a plurality of second patterns on
said plurality of regions for
operation in said mouse and
handwriting modes”
(claim 10)
“substrate”
(claims 1, 4, 7, 10)

10 “PCB”

Apple’s Proposed Construction
touch inputting panel”

Apple

Elan

“two or more static graphical
representations that are on the
specific regions and are present in
and perform operations in both key
and handwriting modes”
“two or more static graphical
representations that are on the
specific regions and are present in
and perform operations in both key
and mouse modes”
“two or more static graphical
representations that are on the
specific regions and are present in
and perform operations in both
mouse and handwriting modes”
No construction necessary.

Elan

“printed circuit board”

Apple

Apple

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Intrinsic
Evidence
Claim 7; Claim
10; Fig. 1; Fig. 2;
Fig. 5; 2:9-17;
2:41-48; 2:603:22; 3:29-31;
3:39-43; 353 FH
0089-101,0015859, 00162
Claim 1; Claim 4;
Fig. 1; 2:6-15;
2:60-3:18; 3:3943; 353 FH 0159
Claim 7; Fig. 1;
2:6-15; 2:603:18; 3:39-43;
353 FH 0159
Claim 10; Fig. 1;
2:6-15; 2:603:18; 3:39-43;
353 FH 0159
Claim 1; Claim 4;
Claim 7; Claim
10; 2:48-55; 353
FH 0078-79
Claim 1; Claim 4;

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction

(claims 1, 4, 7, 10)

11 “mouse mode”
(claims 7, 10)

Apple

“a mode that provides a cursor
moving region and horizontal and
vertical scroll bars for input
operations”

10

Intrinsic
Evidence
Claim 7; Claim
10; 2:52-55; 353
FH 0078-79
Claim 7; Claim
10; Abstract; Fig.
1; 1:33-34; 2:1517; 3:13-28

Extrinsic
Evidence

‘218 Patent
Claim Term, Phrase, or Clause

Proposed Apple’s Proposed Construction or
By
Corresponding Structure
Apple
“detecting the duration between user
contacts on a touch pad”

1

“detecting gap intervals between
subsequent contact intervals”
(claims 1, 5)

2

“subsequent contact intervals”
(claims 1, 5)

Elan

3

“contact interval[s]”
(claims 1, 2, 3, 5)

Elan

4

“distinguishing between a first
cursor control operation, a second
cursor control operation and a
third cursor control operation
based on the duration of said
contact and gap intervals”
(claim 1, 5)

Apple

See construction of “detecting gap
intervals between subsequent
contact intervals.”
See construction of “distinguishing
between a first cursor control
operation, a second cursor control
operation and a third cursor control
operation based on the duration of
said contact and gap intervals.”
“distinguishing between three cursor
control operation(s) based on the
duration of the user contacting the
touch pad and the duration between
such contacts”

11

Intrinsic
Evidence
Claim 1; Claim 5;
Abstract; Fig. 4;
Fig. 5; Fig. 6;
Fig. 7; 2:47-56;
4:33-41; 5:30-37;
6:27-44; 7:26-37;
7:51-57; 8:409:8; 9:66-10:5;
12:47-60

Claim 1; Claim 5;
Abstract; Fig. 4;
Fig. 5; Fig. 6;
Fig. 7; 2:47-61;
4:33-41; 5:30-37;
5:67-7:41; 7:5077; 8:4-9; 8:139:62; 9:66-10:5;

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction or
Corresponding Structure

5

“distinguishing”
(claims 1, 5)

Elan

6

“first cursor control operation”
(claims 1, 5)

Elan

7

“second cursor control operation”
(claims 1, 5)

Elan

8

“third cursor control operation”
(claims 1, 5)

Elan

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“reporting”
(claims 1, 5)

Elan

See construction of “distinguishing
between a first cursor control
operation, a second cursor control
operation and a third cursor control
operation based on the duration of
said contact and gap intervals.”
See construction of “distinguishing
between a first cursor control
operation, a second cursor control
operation and a third cursor control
operation based on the duration of
said contact and gap intervals.”
See construction of “distinguishing
between a first cursor control
operation, a second cursor control
operation and a third cursor control
operation based on the duration of
said contact and gap intervals.”
See construction of “distinguishing
between a first cursor control
operation, a second cursor control
operation and a third cursor control
operation based on the duration of
said contact and gap intervals.”
No construction necessary.

12

Intrinsic
Evidence
10:14-12:67; 218
FH 0112; 218 FH
0146

Claim 1; Claim 5;
Abstract; Fig. 4;

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction or
Corresponding Structure

10 “cursor control operations”
(claims 1, 5)

Elan

No construction necessary.

11 “ButtonState variable”
(claim 2)

Both

“value simulating the state of a
button”

13

Intrinsic
Evidence
Fig. 6; Fig. 8;
Fig. 9; 1:8-12;
2:44-61; 3:8-11;
3:16-19; 3:23-28;
3:37-40; 4:30-41;
5:32-37; 5:46-49;
5:61-64; 6:8-16;
6:20-26; 6:34-39
6:50-55; 8:30-39;
9:10-13; 9:6610:13; 12:15-24;
12:40-47; 218 FH
0111-12
Claim 1; Claim 5;
Abstract; 1:242:15; 2:56-61;
6:9-19; 10:9-13
Claim 2; 2:44-61;
4:20-41; 5:62-64;
6:20-26; 6:34-39;
6:50-55; 6:63-66;
7:21-33; 8:14-17;
8:23-30; 8:40-44;
8:50-52; 8:609:4; 9:24-28;
10:5-13; 10:3136; 11:21-29;
11:63-12:2; 12:811; 12:35-43;

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction or
Corresponding Structure

12 “first button value”
(claim 2)

Elan

“value simulating a first state of a
button”

13 “second button value”
(claims 2, 3)

Elan

“value simulating a second state of a
button”

14 “means for detecting contact
intervals”
(claim 5)

Elan

This limitation is governed by 35
U.S.C. § 112(6).
The recited function is detecting
contact intervals.
The corresponding structure is a
count up or count down timer and
equivalents thereof

15 “means for detecting gap
intervals”
(claim 5)

Elan

This limitation is governed by 35
U.S.C. § 112(6).
The recited function is detecting gap
intervals.

14

Intrinsic
Evidence
12:62-67
Claim 2; 1:8-12;
2:44-47; 2:47-56;
5:31-36; 5:626:8; 8:14-17;
8:23-30; 8:40-44;
218 FH 0111-12
Claim 2; Claim 3;
1:8-12; 2:44-47;
2:47-56; 5:31-36;
5:62-6:8; 8:1417; 8:23-30;
8:40-44; 218 FH
0111-12
Claim 5; Fig. 4;
Fig. 5; Fig. 6;
Fig. 7; Fig. 8;
Fig. 9; Fig. 11;
4:42-5:24; 5:4656; 7:42-57;
7:57-67; 8:17-52;
9:63-10:5; 10:3136; 10:50-56;
11:30-46
Claim 5; Fig. 4;
Fig. 5; Fig. 6;
Fig. 7; Fig. 8;
Fig. 9; Fig. 11;
4:42-5:24; 5:46-

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction or
Corresponding Structure
The corresponding structure is a
count up or count down timer and
equivalents thereof

16 “means for distinguishing . . . and
reporting”
(claim 5)

Elan

This limitation is governed by 35
U.S.C. § 112(6).
The recited function is
distinguishing between a first cursor
control operation, a second cursor
control operation and a third cursor
control operation based on the
duration of said contact and gap
intervals and reporting one of said
first second or third cursor control
operations.
The corresponding structure is logic
implemented in software, firmware,
and/or hardware that considers
contact and gap intervals to
distinguish between cursor control
operations, and supplies the data to
the computer system as described in
Fig. 1, Fig. 4, Fig. 5, Fig. 6, Fig. 7,
Fig. 8, Fig. 9, Fig. 11, 4:11-12, 4:2430, 5:2-5, 5:46-56, 6:14-17, 6:50-55,
6:63-66, 8:23-30, 8:34-37, 9:10-13,

15

Intrinsic
Evidence
56; 7:42-57;
7:57-67; 8:17-52;
9:63-10:5; 10:3136; 10:50-56;
11:30-46
Claim 5; Fig. 1;
Fig. 4; Fig. 5;
Fig. 6; Fig. 7;
Fig. 8; Fig. 9;
Fig. 11; 4:11-12;
4:24-30; 5:2-5;
5:46-56; 6:14-17;
6:50-55; 6:63-66;
8:23-30; 8:34-37;
9:10-13; 9:6310:13; 10:31-36;
11:25-29

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction or
Corresponding Structure
9:63-10:13, 10:31-36, and/or 11:2529, or equivalents thereof

16

Intrinsic
Evidence

Extrinsic
Evidence

‘659 Patent
Claim Term, Phrase, or Clause

Proposed
Apple’s Proposed Construction
By
Elan
“sensors configured to map the
touchpad surface into the sensor
coordinates of the touchpad”

1

“sensors configured to map the
touchpad surface into native
sensor coordinates”
(claim 1)

2

“native sensor coordinates”
(claims 1, 6)

Elan

“the sensor coordinates of a
touchpad”

3

“new values associated with
logical device units”
(claim 1)

Elan

“new values associated with the one
or more areas of the touch pad that
can be actuated by a user”

4

“logical device units”
(claims 1, 8, 10, 12, 13)

Elan

“one or more areas of the touch pad
that can be actuated by a user”

5

“adjust the native values”
(claim 1)

Elan

No construction necessary.

17

Intrinsic
Evidence
Claim 1; 2:29-40;
2:57-3:1; 3:2333; 5:38-60;
6:51-64; 9:49-57;
14:25-31; 16:2737; 20:6-67
Claim 1; Claim 6;
2:29-40; 3:23-33;
5:28-60; 6:51-64;
9:49-57; 10:8-24;
10:39-45; 14:2531; 16:27-37
Claim 1; 3:23-33;
6:51-64; 8:4-12;
10:39-60; 13:4562; 14:19-31; 659
FH 0146
Claim 1; Claim 8;
Claim 10; Claim
12; Claim 13;
3:23-33; 6:29-50;
6:65-7:21; 10:860; 14:19-31; 659
FH 0146
Claim 1; 3:23-33;
6:29-50; 6:65-

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

Apple’s Proposed Construction

6

“associated with areas of the
touchpad”
(claim 1)

Elan

No construction necessary.

7

“actuated by a user”
(claim 1)

Elan

No construction necessary.

8

“filtering”
(claims 1, 2)

Elan

No construction necessary.

9

“removing redundant or non-

Apple

“eliminating data that is redundant

18

Intrinsic
Evidence
7:21; 8:4-12;
13:45-62; 14:1931
Claim 1; 3:23-33;
6:29-50; 6:657:21; 10:8-60;
14:19-31
Claim 1; 3:23-33;
7:12-20; 7:32-47;
15:62-16:2;
16:38-39; 16:5062; 17:2-5;
17:17-28; 19:6220:4
Claim 1; Claim 2;
Fig. 5; 3:34-56;
5:19-27; 6:4-28;
8:59-9:3; 9:3-11;
9:28-36; 9:5810:38; 10:8-38;
11:7-10; 659 FH
0149; 659 FH
0207-08; 659 FH
0230; 659 FH
0276; 659 FH
0288; 659 FH
0406
Claim 2; Fig. 5;

Extrinsic
Evidence

Claim Term, Phrase, or Clause

Proposed
By

essential data”
(claim 2)

Apple’s Proposed Construction
or not essential to the processing of
touch inputs”

10 “redundant data”
(claim 2)
11 “non-essential data”
(claim 2)
12 “Cartesian coordinates”
(claims 6, 8)

Elan

Apple

See construction for “removing
redundant or non-essential data.”
See construction for “removing
redundant or non-essential data.”
“x and y axis coordinate system”

13 “absolute mode”
(claims 10, 12)

Elan

No construction necessary.

14 “relative mode”
(claim 12)

Elan

No construction necessary.

15 “Cartesian absolute mode”
(claim 12)

Elan

See construction for “Cartesian
coordinates.”

Elan

19

Intrinsic
Evidence
3:44-56; 5:19-27;
6:7-28; 7:59-8:3;
9:7-11; 9:5810:38; 11:7-9

Claim 6; Claim 8;
Claim 12; 5:3846; 6:29-50;
7:22-31; 13:6214:9; 14:13-18;
15:62-16:2; 659
FH 0147
Claim 10; Claim
12; 5:38-46;
6:29-50; 7:22-31;
11:42-48; 13:6214:9; 14:13-18;
15:62-16:2
Claim 12; 6:2950; 13:62-14:9;
14:13-18

Extrinsic
Evidence

‘929 Patent
Claim Term, Phrase, or Clause

Proposed
Apple’s Proposed Construction
By
Apple
“a track pad housing and track pad”

1

“touchpad apparatus” / “touchpad
system”
(claims 10, 15)

2

“wall”
(claim 10)

Elan

No construction necessary.

3

“about the periphery of the
opening”
(claim 10)
“substantially flush”
(claim 12)

Elan

“around the edge of the opening”

Elan

No construction necessary.

“housing”
(claims 10, 12, 14, 15, 17)

Elan

No construction necessary.

4

5

20

Intrinsic
Evidence
Claim 10; Claim
15; Fig. 4A; Fig.
4B; 1:38-40; 3:16; 7:42-51; 8:1822;
Claim 10; Fig.
4A; Fig. 4B;
8:18-26;
APEL000154849;
APEL0001560
Claim 10; Fig.
4B; 8:27-46
Claim 12; Fig.
4A; 1:47-56; 8:717; 8:60-9:7;
APEL0001509;
APEL0001560
Claim 10; Claim
12; Claim 14;
Claim 15; Claim
17; Fig. 4A; Fig.
4B ; 1:22-24;
1:38-46; 1:47-56;
2:44-56; 3:1-6;

Extrinsic
Evidence
APEL001846567;
APEL001847779

Claim Term, Phrase, or Clause

Proposed
By

6

“track pad label”
(claims 13, 15)

Elan

7

“substantially the same thickness” Elan
(claim 16)

Apple’s Proposed Construction

“a protective label that is placed
over the touch pad”

No construction necessary.

21

Intrinsic
Evidence
7:57-8:17; 8:1826; 8:27-46;
8:60-9:7; 9:8-23;
9:24-33
Claim 13; Claim
15; Fig. 4A; 8:717; 8:18-26;
8:47-59; 8:609:7; 9:8-23;
APEL000153233
Claim 16; 8:2746; 8:60-9:7

Extrinsic
Evidence

1

CERTIFICATE OF SERVICE

2

I declare that I am employed with the law firm of Weil, Gotshal & Manges LLP,

3

whose address is 201 Redwood Shores Parkway, Redwood Shores, California 94065-1175. I am

4

not a party to the within cause, and I am over the age of eighteen years. I further declare that on

5

January 11, 2010, I served a copy of:

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

APPLE INC.’S DISCLOSURE OF PRELIMINARY CLAIM CONSTRUCTIONS AND
EXTRINSIC EVIDENCE
BY U.S. MAIL by placing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, addressed as follows, for collection and mailing in
accordance with the firm’s ordinary business practices. I am readily familiar with the practice for
collection and processing of mail, and know that in the ordinary course of business practice that
the document(s) described above will be deposited with the U.S. Postal Service on the same date
as sworn to below.
BY ELECTRONIC SERVICE by electronically mailing a true and
correct copy through the electronic mail system to the email address(es) set forth in the service
list below.
BY OVERNIGHT DELIVERY by placing a true copy thereof enclosed
in a sealed envelope with overnight delivery fees provided for, addressed as follows, for
collection by Federal Express in accordance with ordinary business practices. I am readily
familiar with the practice for collection and processing of correspondence for overnight delivery
and know that in the ordinary course of business practice the document(s) described above will be
deposited by an employee or agent in a box or other facility regularly maintained by Federal
Express for collection on the same day that the document(s) are deposited.
BY PERSONAL SERVICE by placing a true copy thereof enclosed in a
sealed envelope to be delivered by messenger to the offices of the addressee(s) (and left with an
employee or person in charge of addressee’s office), as stated below, during ordinary business
hours.
Yitai Hu ([e-mail])
Sean P. DeBruine ([e-mail])
S.H. Michael Kim ([e-mail])
C. Augustine Rakow ([e-mail])
Alston + Bird LLP
Two Palo Alto Square
3000 El Camino Real, Suite 400
Palo Alto, CA 94306
Telephone: [phone]; Facsimile: 650-838-2001

23
I declare under penalty of perjury under the laws of the United States of America
24
that the foregoing is true and correct. Executed on January 11, 2010, at Redwood Shores,
25
California.
26
/s/ Sonal N. Mehta
Sonal N. Mehta

27
28
APPLE’S DISCLOSURE OF PRELIMINARY
CLAIM CONSTRUCTIONS AND EXTRINSIC
EVIDENCE

3

Case No. C-09-01531 RS