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

Filing 394

CLAIM CONSTRUCTION STATEMENT JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT PURSUANT TO PATENT L.R. 4-3 filed by Apple Inc.(a California corporation). (Jacobs, Michael) (Filed on 11/14/2011)

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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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APPLE INC., a California corporation,

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Plaintiff,
v.

Civil Action No. 11-CV-01846-LHK

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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JOINT CLAIM CONSTRUCTION
AND PREHEARING STATEMENT
PURSUANT TO PATENT L.R. 4-3
Claim Construction
Hearing: Jan 20, 2012
Time: 10:00 a.m.
Place: Courtroom 4, 5th Floor
Judge: Honorable Lucy H. Koh

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, a California
corporation,

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Counterclaim-Plaintiff,
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v.
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APPLE INC., a California corporation,
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Counterclaim-Defendants.
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Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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In accordance with Northern District of California Patent Local Rule 4-3 and the Court’s

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Minute Order and Case Management Order (Dkt. No. 187), Plaintiff and Counterclaim-Defendant

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Apple Inc. (“Apple”) and Defendants and Counterclaim-Plaintiffs Samsung Electronics Co., Ltd.,

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Samsung Electronics America, Inc. and Samsung Telecommunications America, LLC

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(collectively, “Samsung”) submit this Joint Claim Construction and Prehearing Statement.

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Attached hereto as Exhibit A is a table setting forth the 10 claim terms which the parties

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request that the Court construe, along with the intrinsic or extrinsic evidence on which the parties

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currently intend to rely either in support of their own proposed constructions or in opposition to

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the other party’s proposed constructions.

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The parties have not agreed on any claim constructions, and their dispute extends to more

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than the 10 terms proposed here. Though the parties have only identified 10 disputed claim terms

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pursuant to the Court’s Case Management Order, they stand ready to provide additional

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information or briefing at the Court’s convenience.

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The parties anticipate that the length of time necessary for the Claim Construction Hearing
will be approximately four hours.
Apple will submit declarations from, and may call as witnesses at the Claim Construction

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Hearing, Richard Gitlin, Ph.D. and Tony Givargis, Ph.D. Dr. Gitlin will provide his expert

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opinion that a person of ordinary skill in the art at the time of the patent application would have

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interpreted the term “symbol” in U.S. Patent No. 7,200,792 according to Apple’s proposed

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construction, as will be set forth in more detail in an expert declaration being served on

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Samsung’s counsel today. Dr. Givargis will provide his expert opinion that a person of ordinary

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skill in the art at the time of the patent application would have interpreted the term “applet” in

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U.S. Patent No. 7,698,711 according to Apple’s proposed construction, as will be set forth in

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more detail in another expert declaration also being served on Samsung’s counsel today.

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Samsung will submit declarations from, and may call as witnesses at the Claim

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Construction Hearing, Tipton Cole and Richard Dale Wesel, Ph.D. Mr. Cole will provide an

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expert declaration in response to Dr. Givargis’s opinion on “applet” in U.S. Patent No. 7,698,711,

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Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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and Dr. Wesel will provide an expert declaration in response to Dr. Gitlin’s opinion on “symbol”

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in U.S. Patent No. 7,200,792.

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Dated: November 14, 2011

By:

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Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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/s/ Michael A. Jacobs______
Michael A. Jacobs

Dated: November 14, 2011

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By:

/s/ Todd Briggs__________
Todd Briggs
Attorneys for Defendants and
Counterclaim-Plaintiffs Samsung
Electronics Co., Ltd., Samsung
Electronics America, Inc. and Samsung
Telecommunications America, LLC

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I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this JOINT
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CLAIM CONSTRUCTION AND PREHEARING STATEMENT. In compliance with
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General Order 45, X.B., I hereby attest that Todd Briggs has concurred in this filing.
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Date: November 14, 2011
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MORRISON & FOERSTER LLP
By: __ /s/ Michael A. Jacobs____________________
Michael A. Jacobs
Attorneys for Plaintiff and Counterclaim-Defendant
Apple Inc.

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Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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EXHIBIT A
I.

APPLE’S PATENTS-IN-SUIT1

U.S. Patent No. 6,493,002
Claim Term
(relevant
claims)
1. the first
window region
and the plurality
of independent
display areas
implemented in a
window layer
that appears on
top of
application
programming

Apple’s Proposed Construction and Support

No construction necessary.

-------------------------------------7:29-31; 8:44-46; 18:12-29; Fig. 3; Claims 12,
13.
S. Christensen Dep. Tr. 43:20-44:3; 58:6-59:2.

Samsung’s Proposed Construction and Support

The first window and the plurality of independent display areas
are never obscured by any portion of any application windows
that are generated or capable of being generated.
------------------------------------------------Fig. 2A; 6:41-52; November 8, 1999 Amendment and Response
to Office Action, at 6-7 (APLNDC00028058-28059); June 28,
2000 Response to Final Office Action, at 3
(APLNDC00028084); June 6, 2001 Appeal Brief,
passim.

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Apple footnote: following Samsung’s final identification of 5 terms for submission to the Court from a list of over 20
candidates, Apple identified within one business day rebuttal citations in support of its positions on those terms.
Samsung footnote: on October 31, 2011, in compliance with Patent Local Rule 4-2, both Samsung and Apple produced proposed
constructions and supporting evidence for a list of claim terms, including each claim term identified in this joint claim construction chart.
On November 11, 2011, each party selected 5 claim terms from that list. Apple, however, did not identify any evidence for its claim
construction positions for Claim Terms 1, 2, 4, 6, 7, and 8 until less than 4 hours before the deadline for the joint claim construction
chart. For that reason, Samsung reserves the right to amend or supplement its positions with additional evidence of its own. For all claim
terms where Samsung's proposed construction is "Plain and ordinary meaning," Samsung also reserves the right to identify additional
evidence to rebut positions taken by Apple.
Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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windows that
may be
generated

S. Christensen Dep. Tr. at 23:7-24:2, 42:9-43:18, 75:8-19,
126:11-127:22; Exhibit 978 (APLNDCX0000002323).

(claims 1, 25, 26,
50)

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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U.S. Patent No. 7,469,381
Claim Term
(relevant
claims)
2. an edge of the
electronic
document / the
edge of the
electronic
document / the
edge of the
document / an
edge of the
document
(claims 1, 11, 13,
14, 16-20)

Apple’s Proposed Construction and Support

No construction necessary.

--------------------------------------2:63-66; 3:4-18; 21:23-34; 26:33-67; 27:5-17;
27:25-39; 28:34-47; 30:48-59; Fig. 7.

B. Ording 8/9/11 Dep. Tr. 24:21-25:8; 26:1127:19.
A. Van Dam Dep. Tr. 30:19-31:4; 32:6-33:14.
Reply Declaration of Ravin Balakrishnan,
Ph.D. in Support of Apple’s Motion for
Preliminary Injunction, ¶¶ 12, 28.

Samsung’s Proposed Construction and Support

A boundary of the electronic document that distinguishes it from
another electronic document, other content, or a background area.

-----------------------------------’381 Patent at 3:4-18; 21:23-34; 27:25-39; 28:34-47; 30:48-59;
Figures 8A-8D; Figure 10B.
Deposition of Bas Ording, 8/9/11, Transcript at 20:18-21:3;
27:13- 28:18; 161:13-163:2.
Deposition of Ravin Balakrishnan, 8/16/11, Transcript at 147:16158:22; Exhibit 104.
Deposition of Andries Van Dam, 9/14/11, Transcript at 38:7 39:3; 118:10-17; 126:2-15.
Declaration of Andries Van Dam in Support of Samsung’s
Opposition to Apple’s Motion for Preliminary Injunction,
8/22/11, ¶¶ 45, 47, 49, 52, 53.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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U.S. Patent No. 7,663,607
Claim Term
(relevant
claims)
3. glass member
(claim 10)

Apple’s Proposed Construction and Support

glass or plastic material

Samsung’s Proposed Construction and Support

Plain and ordinary meaning

-----------------------------10:37-40; 13:62-64; 14:60-63; 16:43-47.
J. Strickon Dep. Tr. at 164:19-165:13.
B. Huppi Dep. Tr. at 31:5-21.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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U.S. Patent No. 7,812,828
Claim Term
(relevant
claims)
4.
mathematically
fit[ting] an
ellipse to at least
one of the [one
or more] pixel
groups
(claims 1, 10)

Apple’s Proposed Construction and Support

No construction necessary
--------------------------------------27:1-8; Claims 1, 2, 3, 5, 8, 11, 13, 15, 17, 19,
29.
Westerman Dep. Tr. 108:21-113:17.
The references cited in Exhibits A-1, A-5, A-8,
and A-9 to Samsung’s October 7, 2011 Patent
L.R. 3-3 and 3-4 Disclosures, including, but
not limited to, U.S. Patent No. 4,618,989; U.S.
Patent No. 5,734,751; E.R. Davies, Machine
Vision: Theory, Algorithms, Practicalities (2d
Ed.) (Nov. 1996); Apurva Mahendra Desai,
Interpretation of Tactile Data from an FSR
Pressure Pad Transducer Using Image
Processing Techniques, Master’s Thesis,
Simon Fraser University, Canada (Nov. 1994).
Apple objects to the use of inadmissible
materials from the ITC investigation titled In
the Matter of Certain Mobile Devices and
Related Software, 337-TA-750, but to the
extent that Samsung relies on such materials in
its Markman briefing, Apple reserves the right
to rely on related testimony or materials in its
rebuttal, including, but not limited to, that from

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

Samsung’s Proposed Construction and Support

For at least one of the pixel groups, applying a unitary
transformation of the group covariance matrix of second
moments of proximity data for all pixels in that pixel group to fit
an ellipse
----------------------------------See Amendment dated 2/24/2010 (application no. 11/677,958) at
10-12.
See also Interview Summary dated 2/2/2010 (application no.
11/677,958).
See also U.S. Patent No. 7,812,828 (‘828 Patent) at 26:17-46.
Documents from In the Matter of Certain Mobile Devices and
Related Software, 337-TA-750, including but not limited to
deposition testimony and exhibits, parties' claim construction
disclosures, parties' expert reports, parties' prehearing briefs, trial
testimony and exhibits, parties' posthearing briefs, and initial and
final determinations.

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Claim Term
(relevant
claims)

Apple’s Proposed Construction and Support

Samsung’s Proposed Construction and Support

Andrew Wolfe, Ph.D., Ravin Balakrishnan,
Ph.D., and Wayne Westerman, Ph.D.
5. pixel group[s]
/ pixel[s]
(claims 1, 6, 9,
10, 16, 24, 31)

portion[s] of a proximity image that indicate[s]
the proximity data measured at one or more
electrodes
---------------------------

Plain and ordinary meaning

6:22-49; 8:53-9:20; 18:12-15.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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U.S. Patent No. 7,844,915
Claim Term
(relevant
claims)
6. scrolling a
window having a
view associated
with the event
object
(claims 1, 8)

Apple’s Proposed Construction and Support

No construction necessary.
---------------------------1:40-42; 2:7-10; 2:15-18; 5:25-30; 5:33-40;
6:32-53; 7:12-13; 7:34-42; 7:59-67; 8:4-25;
8:26-10:42; 22:17-30; 22:49-61; Figs. 1-4; 5AC, 6A-D.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

Samsung’s Proposed Construction and Support

sliding a window in a direction corresponding to the direction of
the user input over a view that is stationary relative to the
window
---------------------------1:39-47, 2:1-10, 5:25-47.

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U.S. Patent No. 7,853,891
Claim Term
(relevant
claims)
7. starting a
timer
(claims 1, 21, 26,
46, 51, 71)

Apple’s Proposed Construction and Support

Initiating a time keeping process.
---------------------------------9:35-39.

Samsung’s Proposed Construction and Support

initiation of a timekeeping process that begins at a predetermined
value and counts down until zero
-------------------------------------------See, e.g., U.S. Patent No. 7,853,891 at Abstract; Figures 12, 13,
and 14; 2:22-24; 2:28-31; 2:30-37; 2:49-50 5:65-6:1; 6:21-25;
7:11-20; 8:6-15; 8:23-25; 9:47-49.
Deposition testimony of Imran Chaudhri, 10/14/2011, 70:10-16,
71:3-17.

8. the first
No construction necessary.
window has been
displayed
independent[ly]
from a position
---------------------------------of a cursor on the
screen
(claims 1, 20, 26, 3:8-12; 7:26-31; 9:9-13; Figs. 7-10, 16-21.
45, 51, 70)

there is a mouse pointer or a similar icon that is controlled by a
mouse, track ball, or touch pad visible on the screen and the
user’s movement of the mouse pointer or similar icon does not
affect the location of the first window
---------------------------------------------See, e.g., U.S. Patent No. 7,853,891 at 1:41-46; 1:55-62; 2:1320; 3:8-12; 7:26-31; 9:9-13.
See also, e.g., Amendment dated June 15, 2006 (application no.
10/193,573) at 23; Amendment dated March 4, 2010 (application
no. 12/012,384) at 22; US 2003/0016253 (Aoki), Abstract.
Deposition testimony of Imran Chaudhri, 10/14/2011, 81:8-84:4.
Deposition testimony of Christensen, 10/26/2011, 118:13119:12.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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II.

SAMSUNG’S PATENTS IN SUIT

U.S. Patent No. 7,698,711

Claim Term
(Relevant
Claims)
9. applet
(claims 1, 9, and
17)

Samsung’s Proposed Construction and
Support

A small application designed to run within
another program.
-----------------------3:10-14.
Wiley Electrical and Electronics Engineering
Dictionary, 2004.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

Apple’s Proposed Construction and Support

An operating system- independent computer program that runs
within an application module.
-------------------------3:8-14; Claims 1, 9, and 17
U.S. Patent Application No. 11/778,466, Examiner’s Interview
Summary of December 16, 2009, see Continuation Sheet.
U.S. Patent Application No. 11/778,466, Applicant’s December
8, 2009 Arguments/Remarks Made in an Amendment at pp. 6-10.
McGraw-Hill Dictionary of Scientific and Technical Terms (6th
Ed., 2003) at p.124.
Joan Reitz, Dictionary for Library and Information Science (1st
Ed., 2004) at p.34.
Eliotte Harold, Java Developer’s Resource (1997) at pp.9-34.
Walter Savitch, Java: An Introduction to Computer Science &
Programming (3rd Ed., 2004), Chapters 1, 13.
Hoskins, J. and Bluethman, R. Exploring IBM e-server pSeries
(12th Ed., 2004) at p.226.
Healy, M.R., Berger, D.E., Romero, V.L., Aberson, C.L., & Saw,
A. Evaluating JAVA applets for teaching on the Internet.
Proceedings of the Scuola Superiore G. Reis Romoli Advances in
Infrastructure for e-Business, e-Education, e-Science, and e12

Claim Term
(Relevant
Claims)

Samsung’s Proposed Construction and
Support

Apple’s Proposed Construction and Support

Medicine on the Internet International Conference. (2002) at p.15, available online at:
http://ccdl.libraries.claremont.edu/cdm4/item_viewer.php?CISO
ROOT=/irw&CISOPTR=432
Elizabeth Boese, “Interactive Programming with Java Applets”
(2005) at pp.7-20 (available online at
http://books.google.com/books?id=mEC7H9WxXHEC&pg=
PA8&dq=applets+are+ operating +system+
platform+independent&hl=en#v=onepage&q&f=false)
Godbole, A. S. and Kahate, A. “Web Technologies TCP/IP
Architecture, and Java Programming” (2nd Ed., 2002) at p.524.
(available online at
http://books.google.com/books?id=uEufGycOJRsC&
printsec=frontcover&source=gbs_ge_
summary_r&cad=0#v=onepage&q&f=true)

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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U.S. Patent No. 7,200,792
Claim Term
(relevant
claims)
10. symbol

Samsung’s Proposed Construction and
Support

Plain and ordinary meaning

(claims 11 and
14)

Apple’s Proposed Construction and Support

“a modulated pattern in a sequence of such patterns that
represents a plurality of bits”
--------------------------------See Abstract; 1:60-2:5; 2:10-52; 3:8-22; 8:29-34; 8:35-39; 8:4146; 10:17-64; 13:54-63; 23:36-48; Figs. 3-5; Claims 1, 5, 6, 10,
11, 14;
Prior art document R1-01-0533 (produced as APLNDC-WH-A
0000006478-6484.
Authoritative Dictionary of IEEE Standards Terms, p. 1137.

Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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