Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1002

Declaration of Sam Stake in Support of #1005 Samsung's Opposition to Apple's Motion for Summary Judgment filed by Samsung Electronics America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Maroulis, Victoria) (Filed on 6/1/2012) Modified on 6/4/2012 linking entry to document #1005 and correcting filing date. counsel posted document on 6/1/2012 (dhm, COURT STAFF).

EXHIBIT 3

CONTAINS INFORMATION DESIGNATED AS
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,
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Plaintiff,
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vs.

Civil Action No. 11-CV-01846-LHK

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SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Defendants.

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SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Counterclaim-Plaintiffs,
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v.
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APPLE INC., a California corporation,
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Counterclaim-Defendant.
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Expert Report of Mani Srivastava, Ph.D.
Regarding Invalidity of the Asserted Claim of U.S. Patent No. 7,577,460

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46.

According to claim 20 and the relevant sections of the In-House Invention

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Notification Form, when the user requests transmission of an E-mail while in the “Cellphone Use

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Mode” (APLNDC-WH-A 0000019741), or in the “Playback Mode” (APLNDC-WH-A

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0000019743), the device enters an “E-Mail Transmission Mode”. In either case, the device

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enters the same E-Mail Transmission Mode (APLNDC-WH-A 0000019744) where the user first

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enters the other party’s address, followed by a message. An image can be attached, if desired,

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before the email is transmitted. Claim 20 describes the method for a user to send an E-mail, with

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a user following one sequence of steps to send the E-mail, if the E-mail has an image attached,

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and a different sequence of steps, if the E-mail does not have an image attached.

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B.

Specification of the Patent

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47.

The ‘460 patent is entitled “Portable Composite Communication Terminal For

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Transmitting/Receiving And Images, And Operation Method And Communication System

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Thereof.” The ’460 patent is directed to a particular method for transmitting E-mails from a

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portable device combining both phone and camera functions, where an E-mail may include a

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user entered message and optionally an image selected by the user. (‘460, Col. 14, ll. 24-44.)

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48.

The patent purports to teach a particular method for a user to send an e-mail on a

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portable device that integrates phone and camera functions. The user follows a different

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sequence of steps depending on whether or not the E-Mail has an image attached to it. If the

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camera is on, the user can send an E-Mail with an attached image. The attached image can either

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be the most recent image taken by the camera or an image selected via a scrolling function from

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among those previously taken. If the camera is off, the user can send an E-Mail without an

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attached image.

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49.

Figure 6 of the ‘460 patent illustrates how the device enters a Portable Phone

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Mode 602, upon power up. (‘460, Col. 9, ll. 19-21.) While in the Portable Phone Mode 602, the

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user can request E-mail transmission and turn the camera on or off. (‘460, Col. 9, ll. 45-47.) If

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the user requests E-mail transmission, the device transitions to the E-Mail Transmission Sub-

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mode 610. (‘460, Col. 9, ll. 42-44.) If the user turns the camera on, the device enters the

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Camera Mode 614. (‘460, Col. 9, ll. 45-49.) Within the Camera Mode 614, the user can enter

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either a Photography Sub-mode 624 or a Play Sub-mode 626, depending on whether the

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Photography/Play key was pressed once or twice. (‘460, Col. 9, ll. 55-63.)

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50.

Figure 8 of the ‘460 patent shows the Play Sub-mode 626. The Play Sub-mode

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can be reached from the Camera Mode 614. (‘460, Col. 9, ll. 59-61.) Within this sub-mode, the

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device displays the latest still image on the color LCD. (‘460, Col. 10, ll. 45-47.) The user can

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take multiple actions. First, the user can change the image being displayed by pressing the

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up/down volume key, thereby scrolling in sequence through the set of previously filmed images.

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(‘460, Col. 10, ll. 51-58.) While doing so, the user can also switch to the Photography Sub-mode

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624 by pressing the Photography/Play key. (‘460, Col. 10, ll. 59-64.) Secondly, the user can

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request the transmission of the displayed image by E-Mail, upon which the device transitions to

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the E-Mail Transmission Sub-mode 610. (‘460, Col. 11, ll. 7-9.) Third, the user can turn the

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camera switch off, upon which the device goes back to the Portable Phone Mode 602. (‘460, Fig.

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8.) Lastly, the user can power off the device from within the Play Sub-mode 626. (‘460, Col.

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11, ll. 11-16; Fig. 8.)

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51.

Figure 9 of the ‘460 patent shows the E-Mail Transmission Sub-mode. In this

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sub-mode, the device first requests entry of the other party’s address. (‘460, Col. 12, ll. 4-7; Fig.

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9.) Once the address is entered, the device then requests that the user enter the message to be

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sent. (‘460, Col. 12, ll. 7-14.) Then, the device displays a question asking whether an image is

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to be enclosed. (‘460, Col. 12, ll. 15-17.) If the user presses an image enclosure key, the device

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performs a control operation to attach an image file to the E-mail. (‘460, Col. 12, ll. 17-19.)

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However, if the user presses the send key in lieu of the image enclosure key, the device first

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determines whether there is an image to be attached based on whether the E-Mail Transmission

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Sub-mode was entered from the Play Sub-mode or the Portable Phone Mode. (‘460, Col. 12, ll.

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15-51; Fig. 9.) The device next transmits the E-Mail, displays a message upon completion, turns

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off the power to the camera unit, and transitions to the Portable Phone Mode 602. (‘460, Col. 12,

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ll. 52-57.)

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Invention Notification Form. I have not seen any evidence indicating that Samsung inventors

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conceived or reduced to practice the alleged invention of the '460 patent prior to that date.

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X.

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Prior Art Anticipates the Asserted Claims of the ‘460 Patent
61.

Nothing stated here or in the attached claim charts should be construed as an

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admission or suggestion that I agree with Samsung regarding either the scope of the asserted

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claim or the claim constructions Samsung advances in its Infringement Contentions or anywhere

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else. To the extent that my invalidity analysis reflects constructions of claim limitations

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consistent with or suggested by Samsung’s Infringement Contentions, no inference is intended

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nor should any be drawn that I agree with Samsung’s claim constructions. Likewise, it is my

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opinion that the claims of the ‘460 patent are indefinite, for the reasons articulated below.

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Nothing stated here or in the attached claims charts should be construed as an admission or

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suggestion that I believe the claims of the ’460 patent are not indefinite. I offer these opinions as

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alternative grounds for invalidating the ‘460 patent, if the fact finder were to disagree with my

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opinion that the claims are indefinite.

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62.

I understand that Samsung has provided no construction for any term for this

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patent other than “plain meaning.” I, likewise, have concluded that the elements of the claims of

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the ‘460 patent should receive their “ordinary meaning.” From Samsung’s infringement

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contentions, however, it is apparent that my understanding of the plain meaning of certain claim

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elements differs from Samsung’s. In those instances where I understand there to be a difference,

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I have endeavored to set forth my understanding and what I believe to be Samsung’s in this

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report. To the extent that Samsung’s expert’s infringement report uses a “plain meaning”

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different from the meaning employed in Samsung’s infringement contentions as I have described

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it below, I reserve the right to supplement this report to respond to Samsung’s most current

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construction.

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63.

Under the plain meaning of the asserted claims of the ‘460 patent, it is my opinion

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that Apple’s accused products do not infringe those claims. In this report I specifically point out

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the claim terms where I believe Samsung’s apparent claim constructions based on Samsung’s

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Infringement Contentions deviate from plain meaning. Specifically, I believe Samsung’s

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apparent construction of “mode” and “sub-mode” deviates from the plain meaning to include

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applications (also known as “apps”) within the meaning of “mode” and “sub-mode.” Samsung’s

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apparent construction of “mode” and “sub-mode” does not distinguish those claim terms. My

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understanding of the plain meaning of the term “mode” is a distinct state of operation or setting

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of a device or of an application. My understanding of the plain meaning of the term “sub-mode”

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is a mode that is subordinate to a higher level mode, and has a restricted or specialized set of

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functionality. Except as expressly specified in this report, all invalidity arguments are applicable

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under both my understanding and Samsung’s understanding of the terms “mode” and “sub-

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mode.” The indefiniteness analysis presented below applies regardless of whether my

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understanding or Samsung’s understanding of the terms “mode” and “sub-mode” is assumed.

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These statements apply equally to the analysis contained in the body of my report and the

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attached claim charts even if not expressly stated in the charts (Exhibits 3A-3B, 4A-4F, 5A-5G,

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6A-6C, 7A-7C, 8A-8C, and 9). I have provided claim charts as Exhibits 3A-3B, 4A-4F, 5A-5G,

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6A-6C, 7A-7C, 8A-8C, and 9 that identify where the elements of the asserted claims are found in

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various prior art references. I have attached the claims charts as exhibits to this report for ease of

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reference, but it should be understood that they are part of this Report, and are expressly

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incorporated into the Report.

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64.

Although I have cited particular portions of the references discussed, these

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citations are intended to assist the reader in understanding the various bases and prior art

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teachings used in my conclusions. They are not intended to be an exhaustive recitation of every

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portion of these references in which these teachings may be found. A person of ordinary skill in

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the art would understand that the citations are merely exemplary, and that similar teachings may

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be found at other pages or places in the references discussed, as well as in other prior art

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references.

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A.

Claim 1 of the ‘460 Patent is Anticipated by U.S. Patent No. 6,069,648 to Suso
et al.

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2

1.
65.

Description of U.S. Patent No. 6,069,648 to Suso et al.

U.S. Patent No. 6,069,648 to Suso et al. was filed on August 14, 1998, and issued

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on May 30, 2000 (“the ‘648 patent”). The ‘648 patent is entitled “Information communication

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terminal device.” It was assigned to Hitachi, Ltd.

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66.

The ‘648 patent describes a communication device integrating a portable

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telephone with a camera. Of relevance to the ‘460 patent, the device described in the ‘648 patent

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allowed the user to make voice phone calls; capture, store and transmit images to another device;

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and select one of the various previously filmed and stored images by sequentially scrolling

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through them via cursor keys (‘648 patent, Figure 7).

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67.

The ‘648 patent relates “to an information communication terminal device having

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a video camera and, more particularly, an information communication terminal device which is

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convenient to carry and has a plurality of functions.” (‘648 patent, col. 1, 5-9.)

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68.

The ‘648 patent further discloses “there is also provided a mode selection button

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which can select a recording mode, a transmission/reception mode, and an information

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acquisition mode. When the recording mode is selected, a video image obtained by the video

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camera is displayed in the first display/operation part and an image stored in an image storing

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means is displayed in the second display/operation part. When the transmission/reception mode

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is selected, if the other side of transmission is a telephone of only voices, character information

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such as name, telephone number, and the like of the other side is displayed in the first

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display/operation part and operating means such as dials having the function of the touch panel is

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displayed in the second display/operation part. When the other side of transmission is a

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television telephone, an image obtained by the video camera and an image of the other side are

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displayed in the first display/operation part and the second display/operation part is used as an

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input section of character and figure data. When the information acquisition mode is selected, the

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menu of the information service is displayed in the second display/operation part and the

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information contents of the service selected from the menu are displayed in the first

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display/operation unit.” (‘648 patent, col. 1 l. 47 – col. 2 l. 12.)

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69.

In particular the ‘648 states: “[i]n FIG. 8b, by touching the handwriting memo

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button 26b, a part of the display/operation part 5 becomes a picture plane of a memo and notes

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can be taken in the part. In this case as well, by touching the transmission button 24a, the memo

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can be transmitted to the other side.” (‘648 patent, col. 7, 51-55.)

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70.

The ‘648 patent further provides that: “[b]y touching the attachment button 26a,

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the data is read out and a child picture plane is displayed (sum nail [sic—thumbnail] display) in a

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proper place in the display/operation part 5. By touching cursor/scroll buttons 26c, the data

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displayed in the child picture plane can be scrolled. By adjusting the cursor on desired data and

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touching the transmission button 24b, the data can be transmitted to the other side.” (‘648

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patent, col. 7, 42-49.)

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2.
71.

Opinions Regarding the ‘648 patent

I was informed and understand that the ‘648 patent qualifies as prior art because it

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was filed on August 14, 1998 (‘648 patent, cover page), which is prior to the date of the In-

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House Invention Notification Form (February 11, 1999) and the filing date of the Korean priority

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patent application (March 31, 1999).

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72.

It is my opinion that the ‘648 patent anticipates claim 1 of the ‘460 patent. The

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claim chart attached as Exhibit 3A sets forth in detail how the ‘648 patent anticipates claim 1.

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The claim chart shows that the ‘648 patent discloses a device that functions as described by the

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asserted claim in Samsung’s ‘460 patent.

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73.

The ‘648 patent discloses a device operable to perform a data transmitting method

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for a portable composite communication terminal which functions as both a portable phone and a

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camera. (See, e.g., ‘648 patent, col. 1 ll. 5 – 9, col. 1 l. 47 – col. 2 l. 12, and FIGS. 1a and 6–8b.)

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74.

The ‘648 patent discloses entering a first E-mail transmission sub-mode upon user

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request for E-mail transmission while operating in a portable phone mode, the first e-mail

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transmission sub-mode performing a portable phone function. (See, e.g., ‘648 patent, col. 6 ll.

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43–47, col. 7 ll. 19–59, and FIGS. 8a–b.)

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75.

The ‘648 patent discloses entering a second E-mail transmission sub-mode upon

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user request for E-mail transmission while operating in a display sub-mode, the second e-mail

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transmission sub-mode displaying an image most recently captured in a camera mode. (See, e.g.,

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‘648 patent, col. 6 ll. 43–47, col. 7 ll. 19–59, and FIGS. 8a–b.)

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76.

The ‘648 patent discloses sequentially displaying other images stored in a

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memory through the use of scroll keys. (See, e.g., ‘648 patent, col. 6 ll. 8–10, col. 7 ll. 37–49,

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and FIGS. 7 and 8a–8b.)

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77.

The ‘648 patent discloses transmitting the address of the other party and a

message received through a user interface in the first E-mail transmission sub-mode. (See, e.g.,
‘648 patent, col. 6 ll. 43–47, col. 7 ll. 19–59, and FIGS. 8a–b.)
78.

The ‘648 patent discloses transmitting the address of the other party and the

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message received through the user interface and the image displayed on the display as an E-mail

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in the second E-mail transmission sub-mode. (See, e.g., ‘648 patent, col. 6 ll. 43–47, col. 7 ll.

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19–59, and FIGS. 8a–b.)

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B.

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Claim 1 of the ‘460 Patent is Anticipated by the Nokia 9110 Communicator1
1.

79.

Description of the Nokia 9110 Communicator

The Nokia 9110 Communicator is a device that integrated voice, fax, E-mail,

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texting, calendar, notebook, address book, calculator functionalities, and internet service access.

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It also provided viewing and sharing with others via E-mail images captured through digital

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cameras connected via an infrared wireless link. A digital camera connectivity application

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enables the transfer of images between the communicator and a digital camera module. (See,

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e.g., Nokia 9110 Communicator User’s Manual (1998), APLNDC-WH0000005243; Digital

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Camera Connectivity with Nokia 9110 Communicator (January 26, 1999), APLNDC-

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WH0000005318 to 5321.)

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1
Nokia 9110 Communicator mobile phone, together with the Nokia 9110 Communicator User’s Manual (1998),
APLNDC-WH0000005113 to 5302 (“Nokia 9110 Communicator User’s Manual”) and the Digital Camera
Connectivity with Nokia 9110 Communicator (January 26, 1999), APLNDC-WH0000005318 to 5321 (“Nokia 9110
Communicator Digital Camera Connectivity”), collectively (“Nokia 9110 Communicator”).

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80.

Specifically relevant to the ‘460 patent, the Nokia 9110 Communicator provided

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the user with a “Telephone” application for making and managing voice calls, and a “Mail”

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application for sending and receiving electronic emails using the Internet. The Mail application

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allowed the user to optionally include file attachments, and in particular permitted the user to

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scroll through a list of image files downloaded from the camera module and select one for

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inclusion as an attachment to an email.

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81.

The Nokia 9110 Communicator was “a complete communications tool,” and

consisted of two parts: the phone and the communicator interface.

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(Nokia 9110 Communicator User’s Manual pp. 11–12.)

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(Nokia 9110 Communicator User’s Manual pp. 11–12.)

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82.

The Nokia 9110 further offered digital camera connectivity:

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7
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11
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(Nokia 9110 Digital Camera Connectivity p. 1.)

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83.

The Nokia 9110 further offered Internet applications, including transmitting

emails:

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(Nokia 9110 Communicator User’s Manua, p. 85.)

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84.

The Nokia 9110 also enabled users to review selected images and send images as

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email attachments:

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5
6
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(Nokia 9110 Communicator Digital Camera Connectivity, pp. 2–3.)
2.

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85.

Opinions Regarding the Nokia 9110 Communicator

I was informed and understand that the Nokia 9110 Communicator qualifies as

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prior art because the product and its camera connectivity were described in printed publications
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no later than April 5, 1998. (Nokia introduces its second generation communicator, Dow Jones
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Factiva Press Release Service (March 18, 1998) (APLNDC-WH-A0000026939-941); Nokia
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introduces its second generation communicator (March 18, 1998), available at
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http://press.nokia.com/1998/03/18/nokia-introduces-its-second-generation-communicator-the14
pocket-sized-nokia-9110-communicator-combines-an-ultimate-mobile-office-with-a-superb15
phone/ (APLNDC-WH-A-0000005309-310, APL794-A0000021463-464); Nokia introduces its
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second generation communicator, M2 Presswire (March 20, 1998) (APLNDC-WH17
A0000026942-943); Latest version of Nokia 9110 GSM phone can Tx images/store 4MB data,
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Observer Station - The World Communications News Report (April 5, 1998) (APLNDC-WH19
A0000026944).)

Furthermore, the Nokia 9110 Communicator also qualifies as prior art

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because it was offered for sale and provided connectivity to a camera no later than January 26,
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1999 (APLNDC-WH0000005113-302, APLNDC-WH0000005318-321, APL79422
A0000021463-464, APL794-A0000005309-310, APL794-A0000005305-308), which is prior to
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the date of the In-House Invention Notification Form (February 11, 1999) and the filing date of
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the Korean priority patent application (March 31, 1999).
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86.

It is my opinion that, under Samsung’s interpretation of “mode” and “submode”

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to include apps, the Nokia 9110 Communicator anticipates claim 1 of the ‘460 patent. For my
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analysis of the Nokia 9110 Communicator, I apply Samsung’s apparent claim construction for

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the terms “mode” and “sub-mode” based on Samsung’s Infringement Contentions, and apply

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plain meaning to the rest of the claim terms. The claim chart attached as Exhibit 3B sets forth in

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detail how the Nokia 9110 Communicator anticipates claim 1. The claim chart shows that the

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Nokia 9110 Communicator is a device that functions as described by the asserted claim in the

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‘460 patent.

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87.

The Nokia 9110 Communicator mobile phone performs a data transmitting

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method for a portable composite communication terminal which functions as both a portable

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phone and a camera. (See, e.g., Nokia 9110 Communicator User’s Manual pp. 11–12; Nokia

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9110 Digital Camera Connectivity p. 1.)
88.

The Nokia 9110 Communicator mobile phone enters a first E-mail transmission

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sub-mode upon user request for E-mail transmission while operating in a portable phone mode,

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the first e-mail transmission sub-mode performing a portable phone function. (See, e.g., Nokia

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9110 Communicator User’s Manual pp. 85 and 89.)

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89.

The Nokia 9110 Communicator mobile phone enters a second E-mail

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transmission sub-mode upon user request for E-mail transmission while operating in a display

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sub-mode, the second e-mail transmission sub-mode displaying an image most recently captured

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in a camera mode. (See, e.g., Nokia 9110 Communicator Digital Camera Connectivity pp. 1-3.)

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90.

The Nokia 9110 Communicator mobile phone sequentially displays other images

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stored in a memory through the use of scroll keys. (See, e.g., Nokia 9110 Communicator User’s

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Manual pp. 24-25; Nokia 9110 Communicator Digital Camera Connectivity pp. 2–3.)

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91.

The Nokia 9110 Communicator mobile phone transmits the address of the other

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party and a message received through a user interface in the first E-mail transmission sub-mode.

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(See, e.g., Nokia 9110 Communicator User’s Manual pp. 89 and 92-93.)

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92.

The Nokia 9110 Communicator mobile phone transmits the address of the other

party and the message received through the user interface and the image displayed on the display

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CONTAINS INFORMATION DESIGNATED AS
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as an E-mail in the second E-mail transmission sub-mode. (See, e.g., Nokia 9110 Communicator

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User’s Manual pp. 89 and 92-93; Nokia 9110 Communicator Digital Camera Connectivity p. 2.)

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XI.

4

The Prior Art Rendered Obvious the Asserted Claims of the ‘460 Patent
93.

As I explained above, it is my opinion that the ‘648 patent and the Nokia 9110

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Communicator anticipate claim 1 of the ‘460 patent. To the extent that any of the prior art

6

references discussed above is found not to disclose one or more limitations of claim 1 of the ‘460

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patent, claim 1 would have been obvious over the teachings of each of the Nokia 9110

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Communicator and the ‘648 patent, in combination with the knowledge of one of ordinary skill

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in the art as explained below.

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94.

As I explain in detail below, multiple combinations of prior art references render

obvious claim 1 of the ‘460 patent.
95.

In the Background section (Section VI), I provided a general background

13

description of the state of the art in the 1998-1999 timeframe and before. That description

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provides exemplary disclosure of what one of ordinary skill in the art would have known at the

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time of the alleged conception date of the ‘460 patent and the filing date of the Korean priority

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patent application.

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A.

The Concepts of the Claimed Invention Were Well Known and Obvious at
the Time of Conception

96.

As described in detail in the Background section (Section VI), the integration of

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phone, camera, data communication functions such as E-mail, and various computing functions
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were well underway before “between early 1998 and February 11, 1999,” which is the date that
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Samsung alleges as the conception date of the ‘460 patent. (Complainant Samsung’s Second
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Supplement Response and Objections to Respondent Apple Inc.’s Third Set of Interrogatories
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(No. 8), at page 7, line 27 - page 8, line 3.)
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1.

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97.

Reasons to Combine These Concepts To Achieve Expected Results

The convergence of these functions was well underway before the conception of

26
the ‘460 patent, and devices that realized different combinations of these functions had emerged.
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