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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1 4 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 5 Attorneys for Plaintiff Attorneys for Defendants 6 APPLE INC. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., AND SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 2 3 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 APPLE INC., a California corporation, Case No. 11-cv-01846-LHK 13 Plaintiff, 14 v. 15 18 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, 19 Defendants. 16 17 JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART AND REPORT REGARDING MEET AND CONFER ON DISPUTED CLAIM TERMS 20 21 In accordance with the Court’s request on January 17, 2012, the parties have conferred on 22 the proposed person of ordinary skill in the art for each of the patents at issue in the Markman 23 hearing, but have been unable to reach agreement on all of the definitions. The parties have 24 agreed on the definition with respect to the ’002 patent, and have set forth their proposals in Table 25 1 below. The parties will continue to meet and confer prior to the hearing in order to attempt to 26 reach agreement on some of the proposals, and to reduce the scope of their disagreements on the 27 remainder. 28 JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART CASE NO. 11-CV-01846-LHK 1 The parties have also met and conferred regarding the nine disputed claim terms. The 2 parties reached agreement on the construction for the term “starting a timer” from the ’891 patent. 3 The parties agree that the term “starting a timer” means “initiating a time keeping process.” The 4 parties also met and conferred regarding the construction of the term “pixel” from the ’828 patent, 5 but were unable to reach an agreement. 6 7 8 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 9 10 11 12 13 14 15 16 17 Attorneys for Plaintiff APPLE INC. Attorneys for SAMSUNG ELECTRONICS CO. LTD, SAMSUNG ELECTRONICS AMERICA, INC., AND SAMSUNG TELECOMMUNICATIONS AMERICA, LLC. 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART CASE NO. 11-CV-01846-LHK 2 1 TABLE 1 2 3 Patent 4 '002 Patent Apple’s Proposals Samsung’s Proposals A person of ordinary skill in the A person of ordinary skill in the art 5 relevant art of the '002 patent at the would have a Bachelor’s Degree in 6 time of the invention would have a computer science (or equivalent 7 Bachelor’s degree in computer science industry experience) and at least two 8 (or equivalent industry experience), and years of experience in the area of 9 at least two years of experience in the computer programming and/or 10 area of computer programming and/or operating systems. 11 operating systems. 12 A person of ordinary skill in the A person of ordinary skill in the art 13 relevant art of the '891 patent at the would have a Bachelor’s Degree in 14 time of the invention would have a computer science (or equivalent 15 Bachelor’s degree in computer science industry experience) and at least two 16 or electrical engineering or an years of experience in the area of 17 equivalent, and one or more years computer programming and/or 18 experience working on designing operating systems. 19 and/or implementing user interfaces. 20 '891 Patent '381 Patent A person of ordinary skill in the A person of ordinary skill in the art 21 relevant art of the '381 patent at the would have a Bachelor’s Degree in 22 time of the invention would have a computer science, and 3-5 years of 23 Bachelor’s degree in computer science software design and implementation 24 or electrical engineering or an experience, including experience with 25 equivalent, and one or more years graphical user interface design, or 26 experience working on designing would have equivalent educational and 27 and/or implementing user interfaces. work experience. 28 JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART CASE NO. 11-CV-01846-LHK 1 1 '915 Patent 8 9 years of experience in the area of computer programming and/or experience working with electronic 7 industry experience) and at least two equivalent, and one or more years 6 computer science (or equivalent or electrical engineering or an 5 would have a Bachelor’s Degree in Bachelor’s degree in computer science 4 A person of ordinary skill in the art time of the invention would have a 3 A person of ordinary skill in the relevant art of the '915 patent at the 2 operating systems. devices with touch screen displays. '607 Patent 15 computer engineering, or a related field and 2-3 years of work experience with engineering, or an equivalent, and two 14 electrical engineering, physics, engineering, physics, computer 13 would have a Bachelor’s Degree in Bachelor’s degree in electrical 12 A person of ordinary skill in the art time of the invention would have a 11 A person of ordinary skill in the relevant art of the '607 patent at the 10 input devices. or more years experience working with 16 input devices. 17 '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 18 19 20 21 22 23 24 25 computer interaction, or the design, use, devices. 26 or evaluation of touch-sensitive input 27 devices. 28 JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART CASE NO. 11-CV-01846-LHK 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN THE ART CASE NO. 11-CV-01846-LHK 3 1 ECF ATTESTATION 2 I, MICHAEL A. JACOBS, am the ECF User whose ID and password are being used to 3 file the following document: JOINT STATEMENT ON PERSON OF ORDINARY SKILL IN 4 THE ART AND REPORT REGARDING MEET AND CONFER ON DISPUTED CLAIM 5 TERMS. In compliance with General Order 45, X.B., I hereby attest that Todd Briggs has 6 concurred in this filing. 7 8 Dated: January 19, 2012 9 MICHAEL A. JACOBS MORRISON & FOERSTER LLP By: /s/ Michael Jacobs MICHAEL A. JACOBS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 11-CV-01846-LHK 1

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