Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
650
Joint Statement on Person of Ordinary Skill in the Art of Report Regarding Meet and Confer on Disputed Claim Termns re #461 Claim Construction Statement by Apple Inc.. (Jacobs, Michael) (Filed on 1/19/2012) Modified text on 1/23/2012 (dhm, COURT STAFF).
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
CHARLES K. VERHOEVEN (CB SBN
170151)
charlesverhoeven@quinnemanuel.com
QUINN EMANUEL URQUHART &
SULLIVAN, PP
50 California Street, 22nd Floor
San Francisco, California 94111
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Attorneys for Plaintiff
Attorneys for Defendants
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APPLE INC.
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA,
INC., AND SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC
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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,
Case No. 11-cv-01846-LHK
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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; 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 STATEMENT ON PERSON
OF ORDINARY SKILL IN THE
ART AND REPORT REGARDING
MEET AND CONFER ON
DISPUTED CLAIM TERMS
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In accordance with the Court’s request on January 17, 2012, the parties have conferred on
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the proposed person of ordinary skill in the art for each of the patents at issue in the Markman
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hearing, but have been unable to reach agreement on all of the definitions. The parties have
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agreed on the definition with respect to the ’002 patent, and have set forth their proposals in Table
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1 below. The parties will continue to meet and confer prior to the hearing in order to attempt to
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reach agreement on some of the proposals, and to reduce the scope of their disagreements on the
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remainder.
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JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART
CASE NO. 11-CV-01846-LHK
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The parties have also met and conferred regarding the nine disputed claim terms. The
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parties reached agreement on the construction for the term “starting a timer” from the ’891 patent.
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The parties agree that the term “starting a timer” means “initiating a time keeping process.” The
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parties also met and conferred regarding the construction of the term “pixel” from the ’828 patent,
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but were unable to reach an agreement.
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Dated: Jan. 19, 2012
MORRISON & FOERSTER LLP
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By:___/s/ Michael A. Jacobs __________
HAROLD J. MCELHINNY
MICHAEL A. JACOBS
JENNIFER LEE TAYLOR
ALISON M. TUCHER
RICHARD S.J. HUNG
JASON R. BARTLETT
By:___/s/ _Todd Briggs_________________
CHARLES K. VERHOEVEN
KEVIN P.B. JOHNSON
VICTORIA F. MAROULIS
EDWARD DEFRANCO
MICHAEL T. ZELLER
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Attorneys for Plaintiff
APPLE INC.
Attorneys for SAMSUNG ELECTRONICS
CO. LTD, SAMSUNG ELECTRONICS
AMERICA, INC., AND SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC.
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JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART
CASE NO. 11-CV-01846-LHK
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TABLE 1
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Patent
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'002 Patent
Apple’s Proposals
Samsung’s Proposals
A person of ordinary skill in the
A person of ordinary skill in the art
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relevant art of the '002 patent at the
would have a Bachelor’s Degree in
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time of the invention would have a
computer science (or equivalent
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Bachelor’s degree in computer science
industry experience) and at least two
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(or equivalent industry experience), and
years of experience in the area of
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at least two years of experience in the
computer programming and/or
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area of computer programming and/or
operating systems.
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operating systems.
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A person of ordinary skill in the
A person of ordinary skill in the art
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relevant art of the '891 patent at the
would have a Bachelor’s Degree in
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time of the invention would have a
computer science (or equivalent
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Bachelor’s degree in computer science
industry experience) and at least two
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or electrical engineering or an
years of experience in the area of
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equivalent, and one or more years
computer programming and/or
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experience working on designing
operating systems.
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and/or implementing user interfaces.
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'891 Patent
'381 Patent
A person of ordinary skill in the
A person of ordinary skill in the art
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relevant art of the '381 patent at the
would have a Bachelor’s Degree in
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time of the invention would have a
computer science, and 3-5 years of
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Bachelor’s degree in computer science
software design and implementation
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or electrical engineering or an
experience, including experience with
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equivalent, and one or more years
graphical user interface design, or
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experience working on designing
would have equivalent educational and
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and/or implementing user interfaces.
work experience.
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JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART
CASE NO. 11-CV-01846-LHK
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'915 Patent
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years of experience in the area of
computer programming and/or
experience working with electronic
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industry experience) and at least two
equivalent, and one or more years
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computer science (or equivalent
or electrical engineering or an
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would have a Bachelor’s Degree in
Bachelor’s degree in computer science
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A person of ordinary skill in the art
time of the invention would have a
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A person of ordinary skill in the
relevant art of the '915 patent at the
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operating systems.
devices with touch screen displays.
'607 Patent
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computer engineering, or a related field
and 2-3 years of work experience with
engineering, or an equivalent, and two
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electrical engineering, physics,
engineering, physics, computer
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would have a Bachelor’s Degree in
Bachelor’s degree in electrical
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A person of ordinary skill in the art
time of the invention would have a
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A person of ordinary skill in the
relevant art of the '607 patent at the
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input devices.
or more years experience working with
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input devices.
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'828 Patent:
A person of ordinary skill in the
A person of ordinary skill in the art
relevant art of the '828 patent at the
would have a Bachelor’s Degree in
time of the invention would have a
computer science, electrical
Bachelor’s degree in computer science,
engineering or Mathematics and several
electrical engineering, physics,
years of experience in the area of signal
mathematics, or an equivalent, and
processing, human-computer
several years experience working in the
interaction or the design, use, and/or
area of signal processing, human-
evaluation of touch-sensitive input
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computer interaction, or the design, use, devices.
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or evaluation of touch-sensitive input
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devices.
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JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART
CASE NO. 11-CV-01846-LHK
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'711 Patent
For the '711 patent, a person of ordinary A person of ordinary skill in the art
skill in the art in 2005 would have at
would have a Bachelor’s Degree in
least a bachelor's degree in computer
computer science/engineering and
science/engineering or similar
several years of experience in multi-
discipline and several years' relevant
tasking systems and computer
industry or academic research
programming, or a Master’s Degree
experience in the areas of multitasking
with less relevant experience, or a
systems, embedded systems or
person with equivalent industry
programming for handheld devices.
experience.
Alternatively, the ordinary artisan
would have had a more advanced
degree in computer science/engineering
or a similar field with somewhat less
additional work or research experience.
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JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART
CASE NO. 11-CV-01846-LHK
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ECF ATTESTATION
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I, MICHAEL A. JACOBS, am the ECF User whose ID and password are being used to
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file the following document: JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN
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THE ART AND REPORT REGARDING MEET AND CONFER ON DISPUTED CLAIM
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TERMS. In compliance with General Order 45, X.B., I hereby attest that Todd Briggs has
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concurred in this filing.
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Dated: January 19, 2012
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MICHAEL A. JACOBS
MORRISON & FOERSTER LLP
By: /s/ Michael Jacobs
MICHAEL A. JACOBS
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CASE NO. 11-CV-01846-LHK
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