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

Filing 658

First MOTION for Leave to Supplement Its Infringement Contentions filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Declaration in support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Proposed Order Granting Motion for Leave to Amend)(Maroulis, Victoria) (Filed on 1/25/2012) Modified text on 1/26/2012 (dhm, COURT STAFF).

EXHIBIT J

Robert Keeter
From:
Sent:
To:
Subject:
Attachments:

Todd Briggs
Monday, January 23, 2012 3:19 PM
Bill Trac; Kenneth Suh
FW: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re
supplemental infringement contentions
4322761_5_871 Patent Supplemental Infringement Chart.DOC; 4527154_1_893 Patent
Supplemental Infringement Chart.DOC; 4525227_2_460 Patent Supplemental Infringement
Chart.DOC

From: Todd Briggs
Sent: Wednesday, January 04, 2012 12:13 AM
To: 'Selwyn, Mark'
Cc: Todd Briggs
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Mark,
Here are our draft supplemental charts for the 460, 893 and 871 patents. Please let us know by the end of
the day on Wednesday if Apple will agree to these supplemental contentions.
Also, since the supplemental infringement contentions for the other Samsung patents and Apple patents are
not in dispute, we should get a stipulation prepared for those. Please let me know if you want to prepare that
of if you would like us to prepare it.
Best, Todd
From: Selwyn, Mark [mailto:[e-mail]]
Sent: Tuesday, January 03, 2012 1:08 PM
To: Todd Briggs
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Thanks. We had talked about me trying to get you an answer by COB today. That will need to slip a bit, but I will try to
make sure we reach closure as soon as possible.
From: Todd Briggs [mailto:[e-mail]]
Sent: Tuesday, January 03, 2012 12:22 PM
To: Selwyn, Mark
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Thanks for following up. We will send the charts to you later today.
Todd
From: Selwyn, Mark [mailto:[e-mail]]
Sent: Monday, January 02, 2012 9:52 PM
1

To: Todd Briggs
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

You were going to send me some charts over the weekend, right? Can you let me know the status? Thanks.
From: Todd Briggs [mailto:[e-mail]]
Sent: Friday, December 30, 2011 10:36 AM
To: Selwyn, Mark; Maselli, Samuel; Victoria Maroulis; Kolovos, Peter
Cc: Samsung v. Apple; '[e-mail]'; WH Apple Samsung NDCal Service
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Mark,
I just left my cell number with your secretary. You can reach me at 925.895.0664.
Thanks, Todd
From: Selwyn, Mark [mailto:[e-mail]]
Sent: Friday, December 30, 2011 10:32 AM
To: Todd Briggs; Maselli, Samuel; Victoria Maroulis; Kolovos, Peter
Cc: Samsung v. Apple; [e-mail]; WH Apple Samsung NDCal Service
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Todd:
Please call me to discuss. I will be in the office for a few more hours today.
Mark
From: Todd Briggs [mailto:[e-mail]]
Sent: Friday, December 30, 2011 10:30 AM
To: Todd Briggs; Maselli, Samuel; Victoria Maroulis; Kolovos, Peter
Cc: Samsung v. Apple; '[e-mail]'; WH Apple Samsung NDCal Service
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Sam and Peter,
We still have not received any response from you on this. Will you please provide one today. If we don’t hear
back from you, we will assume that you oppose our request and will file a motion early next week.
Thanks, Todd
From: Todd Briggs
Sent: Thursday, December 29, 2011 2:34 PM
To: Todd Briggs; Maselli, Samuel; Victoria Maroulis
Cc: Samsung v. Apple; '[e-mail]'; WH Apple Samsung NDCal Service
Subject: RE: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

2

Sam – We have not received a response to my December 22 letter from you or anyone else at your firm. We
requested a response by December 28th. We need to know Apple’s answer by the end of this week. Please let
me know if you or someone else at your firm is available to discuss this later today or tomorrow.
Thanks, Todd
From: Todd Briggs
Sent: Thursday, December 22, 2011 4:40 PM
To: Maselli, Samuel; Victoria Maroulis
Cc: Samsung v. Apple; '[e-mail]'; WH Apple Samsung NDCal Service
Subject: Apple v. Samsung, Case No. 11-cv-01846-LHK (N.D. Cal.) - Correspondence re supplemental infringement
contentions

Sam – Please see attached letter regarding supplemental infringement contentions.
Todd Briggs
Partner,

Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5020 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
[e-mail]
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.

3

EXHIBIT J-2

SAMSUNG’S PATENT L.R. 3-1(A)-(D) DISCLOSURES FOR
U.S. PATENT NO. 7,577,460

02198.51845/4525227.2

1

ASSERTED CLAIM
(PATENT L.R. 3-1(A))

ACCUSED INSTRUMENTALITY AND HOW EACH ELEMENT IS MET BY ACCUSED INSTRUMENTALITY
(PATENT L.R. 3-1(B)-(D))

1. A data transmitting method
for a portable composite
communication terminal which
functions as both a portable
phone and a camera,
comprising the steps of:

Apple infringes this claim because it has performed each and every step of this claim on the iPhone
4S, including but not limited to through testing and use by its employees. Apple also infringes this
claim by selling the iPhone 4S to customers and encouraging those customers to use the products in a
manner that meets each and every step of this claim.
The iPhone 4S performs a data transmitting method for a portable composite communication terminal
which functions as both a portable phone and a camera.
See, e.g.:
The iPhone 4S functions as both portable phone and camera.

02198.51845/4525227.2

2

[a] entering a first E-mail
transmission sub-mode upon
user request for E-mail
transmission while operating in
a portable phone mode, the
first e-mail transmission submode performing a portable
phone function;

1

The iPhone 4S enters a first E-mail transmission sub-mode upon user request for E-mail transmission
while operating in a portable phone mode, the first e-mail transmission sub-mode performing a
portable phone function.
See, e.g.:
A user opens the “Mail” application and starts to write an email.1

Screen images show the operation of an iPhone 4S running iOS 5.0.1.

02198.51845/4525227.2

3

02198.51845/4525227.2

4

[b] entering a second E-mail
transmission sub-mode upon
user request for E-mail
transmission while operating in
a display sub-mode, the second
e-mail transmission sub-mode
displaying an image most
recently captured in a camera
mode;

The iPhone 4S enters a second E-mail transmission sub-mode upon user request for E-mail
transmission while operating in a display sub-mode, the second e-mail transmission sub-mode
displaying an image most recently captured in a camera mode.
See, e.g.:
The user returns to the home screen, opens the “Photos” application, and views the most recently
captured image. The user chooses to email the image and writes a message.2

2

Alternately, the user performs step [b] using the “Camera” application. That is, the user opens the Camera application,
views the most recently captured image, chooses to email the image, and write a message.

02198.51845/4525227.2

5

02198.51845/4525227.2

6

02198.51845/4525227.2

7

[c] sequentially displaying
other images stored in a
memory through the use of

02198.51845/4525227.2

The iPhone 4S sequentially displays other images stored in a memory through the use of scroll keys.

8

scroll keys;

See, e.g.:
The user opens the “Camera” application and navigates between image files.3 To the extent that a
finder of fact determines that the iPhone 4S does not literally perform this element, the iPhone 4S
performs an equivalent of this element.

3

Alternately, the user performs step [c] using the Photos application. That is, the user opens the Photos application and
navigates between image files.

02198.51845/4525227.2

9

[d] transmitting the address of
the other party and a message
received through a user
interface in the first E-mail
transmission sub-mode;

02198.51845/4525227.2

The iPhone 4S transmits 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.:
The user opens the Mail application again and sends the email started in step (a) to a recipient.

10

02198.51845/4525227.2

11

[e] and transmitting the address
of the other party and the
message received through the
user interface and the image
displayed on the display as an
E-mail in the second E-mail
transmission sub-mode.

02198.51845/4525227.2

The iPhone 4S transmits the address of the other party and the message received through the user
interface and the image displayed on the display as an E-mail in the second E-mail transmission submode.
See, e.g.:
The user opens the Photos application again and sends the email started in step (b) to a recipient.

12

EXHIBIT J-3

SAMSUNG’S PATENT L.R. 3-1(A)-(D) DISCLOSURES FOR
U.S. PATENT NO. 7,456,893

1

ASSERTED CLAIM
(PATENT L.R. 3-1(A))

ACCUSED INSTRUMENTALITY AND HOW EACH ELEMENT IS MET BY ACCUSED INSTRUMENTALITY
(PATENT L.R. 3-1(B)-(D))

1. A method of controlling a
digital image processing
apparatus that, in a
photographing mode, processes
and stores an input image in a
recording medium and, in a
reproduction mode, displays at
least one image file of a
plurality of image files that are
stored in the recording
medium, the method consisting
of the sequential steps:

Apple infringes this claim because it has performed each and every step of this claim on the iPhone
4S, including but not limited to through testing and use by its employees. Apple also infringes this
claim by selling the iPhone 4S to customers and encouraging those customers to use the products in a
manner that meets each and every step of this claim.
The iPhone 4S practices a method of controlling a digital image processing apparatus that, in a
photographing mode, processes and stores an input image in a recording medium and, in a
reproduction mode, displays at least one image file of a plurality of image files that are stored in the
recording medium.
See, e.g.:
The iPhone 4S has a “Camera” application, which allows a user to capture an image and store it on the
device.1

→
1

Screen images show the operation of an iPhone 4S running iOS 5.0.1.

2

The iPhone 4S also has a “Photos” application, which allows a user to view image files stored on a
device.

→
(a) setting the digital image
processing apparatus in the
reproduction mode;

The iPhone 4S performs the step of setting the digital image processing apparatus in the reproduction
mode.
See, e.g.:
A user opens the Photos application on the iPhone 4S.

3

→
(b) using the digital image
processing apparatus in the
reproduction mode for
displaying a single image file
from the recording medium,
the single image file being
different from a most-recently
stored image file;

The iPhone 4S performs the step of using the digital image processing apparatus in the reproduction
mode for displaying a single image file from the recording medium, the single image file being
different from a most-recently stored image file.
See, e.g.:
The user views an image file different than the most recently stored image file.

4

→
(c) while the single image file
is being displayed, switching
from the reproduction mode to
the photographing mode;

The iPhone 4S performs the step of, while the single image file is being displayed, switching from the
reproduction mode to the photographing mode.
See, e.g.:
The user opens the Camera application using the multitasking bar.

5

2

→
2

Apple iPhone User Guide for iOS 4 Software at SAMNDCA00001943-44.

6

→

(d) using the digital image
processing apparatus for a
duration in the photographing
mode for storing a newly
photographed image to a new
image file in the recording
medium;

The iPhone 4S performs the step of using the digital image processing apparatus for a duration in the
photographing mode for storing a newly photographed image to a new image file in the recording
medium.
See, e.g.:
The user captures a new image.

(e) after the duration, switching The iPhone 4S performs the step of, after the duration, switching from the photographing mode to the
from the photographing mode
reproduction mode.
to the reproduction mode; and
See, e.g.:

7

The user returns to the Photos application using the multitasking bar.

→
(f) irrespective of the duration,
first displaying again only the
single image file from step (c).

→

The iPhone 4S performs the step of, irrespective of the duration, first displaying again only the single
image file from step (c).
See, e.g.:
The iPhone 4S displays the image from step (c) when the user returns to the Photos application.

8

→
2. The method of claim 1
wherein step (c) comprises the
step of identifying the image
file that is being displayed.

See claim 1.
The iPhone 4S further perform the step wherein step (c) comprises the step of identifying the image
file that is being displayed.
See, e.g.:
The iPhone 4S identifies the image file during step (c). The iPhone 4S displays the identified image
file when the user returns to the Photos application.

9

→
3. The method of claim 2
wherein the identifying step
comprises setting in a memory
of the digital image processing
apparatus an index value of the
single image file that is being
displayed.

See claims 1 and 2.
The iPhone 4S further performs the step wherein the identifying step comprises setting in a memory
of the digital image processing apparatus an index value of the single image file that is being
displayed.
See, e.g.:
The iPhone 4S stores an index value of the image file in step (c). When the user returns to the Photos
application, the iPhone 4S retrieves this index value from memory.

10

→
4. The method of claim 3
wherein step (e) comprises the
step of reading the memory to
retrieve the index value.

See claims 1 and 2.
The iPhone 4S further performs the step wherein step (e) comprises the step of reading the memory to
retrieve the index value.
See, e.g.:
The iPhone 4S stores an index value of the image file in step (c). When the user returns to the Photos
application, the iPhone 4S retrieves this index value from memory.

11

→
6. The method of claim 2
wherein the identifying step
comprises one of setting a flag
and setting a bookmark on the
single image file that is being
displayed in step (c).

See claims 1 and 2.
The iPhone 4S further performs the step wherein the identifying step comprises one of setting a flag
and setting a bookmark on the single image file that is being displayed in step (c).
See, e.g.:
The iPhone 4S sets a flag or sets a bookmark in step (c). When the user returns to the Photos
application, the iPhone 4S uses this flag or bookmark to display the image file.

12

→
7. The method of claim 3
wherein step (b) comprises the
steps of: sequentially
displaying single image files of
the plurality; and updating the
index value stored in the
memory of the digital image
processing apparatus each time
a currently-displayed image
file is changed.

See claims 1 and 3.
The iPhone 4S further performs the step wherein step (b) comprises the steps of: sequentially
displaying single image files of the plurality; and updating the index value stored in the memory of the
digital image processing apparatus each time a currently-displayed image file is changed.
See, e.g.:
The user navigates between image files in the Photos application. The iPhone 4S stores the index
value of the image file currently displayed.

13

8. The method of claim 4
wherein the reading step
comprises the step of
determining if the index value
is in a reset state.

See claims 1 and 4.
The iPhone 4S further perform the step wherein the reading step comprises the step of determining if
the index value is in a reset state.
See, e.g.:
The index value enters a reset state when the user clears the Photos application from the multitasking
bar. When the user returns to the Photos application, the iPhone 4S detects this reset state and as a
result displays a list of albums.

14

10. A digital image processing
apparatus comprising: an
optical system for receiving a
light reflected from a subject; a
photoelectric conversion
module in optical
communication with the
optical system for converting
the light to image data; a
recording medium for storing
the image data in an image file;
a display screen for displaying
the image data;

The iPhone 4S comprises a digital image processing apparatus comprising an optical system for
receiving a light reflected from a subject; a photoelectric conversion module in optical communication
with the optical system for converting the light to image data; a recording medium for storing the
image data in an image file; a display screen for displaying the image data.
See, e.g.:
The iPhone 4S has two digital cameras, memory for storing image values, and a screen.

15

and a controller connected with
the photoelectric conversion
module, the recording medium
and the display screen, the
controller being operative in a
photographing mode to process
the image data for storage in
the recording medium and, in a
stored-image display mode,
being operative to control the
display screen for displaying a
single image relative to the
image data,

The iPhone 4S comprises a digital image processing apparatus further comprising a controller
connected with the photoelectric conversion module, the recording medium and the display screen, the
controller being operative in a photographing mode to process the image data for storage in the
recording medium and, in a stored-image display mode, being operative to control the display screen
for displaying a single image relative to the image data.

wherein upon a user

The iPhone 4S comprises a digital image processing apparatus, wherein upon a user performing a

See, e.g., claim 1, preamble.

16

performing a mode-switching
operation defined by switching
from the stored-image display
mode to the photographing
mode and back to the storedimage display mode the
controller causes the display
screen to first display a single
image file that was most
recently displayed before the
mode-switching operation, the
single image file being
different from a most-recently
stored image file, and the
single image file being first
displayed irrespective of a
duration that the camera was
used in the photographing
mode during the modeswitching operation.

mode-switching operation defined by switching from the stored-image display mode to the
photographing mode and back to the stored-image display mode the controller causes the display
screen to first display a single image file that was most recently displayed before the mode-switching
operation, the single image file being different from a most-recently stored image file, and the single
image file being first displayed irrespective of a duration that the camera was used in the
photographing mode during the mode-switching operation.

11. The digital image
processing apparatus of claim
10 wherein the controller is
operative to identify the single
image file that was most
recently displayed in the
stored-image display mode.

The iPhone 4S further comprises the digital image processing apparatus of claim 10 wherein the
controller is operative to identify the single image file that was most recently displayed in the storedimage display mode.

12. The digital image
processing apparatus of claim
10 wherein each image file
stored in the recording medium
includes a unique file index

The iPhone 4S further comprises the digital image processing apparatus of claim 10 wherein each
image file stored in the recording medium includes a unique file index value and the controller causes
the unique file index value of the single image file that was most recently displayed in a file index
memory to be stored.

See, e.g., claims 1(a) – (f).

See, e.g., claim 2.

17

value and the controller causes
the unique file index value of
the single image file that was
most recently displayed in a
file index memory to be stored.

See, e.g., claim 3.

13. The digital image
processing apparatus of claim
12 wherein the controller
comprises at least one of a
digital camera processor and a
microcontroller.

The iPhone 4S further comprises the digital image processing apparatus of claim 12 wherein the
controller comprises at least one of a digital camera processor and a microcontroller.
See, e.g.:
The iPhone 4S has an A5 microprocessor.
For example, there is one module as a camera processor making image file and the other module as
the microcontroller controlling the power in A5 microprocessor.

3

14. The digital image
3

The iPhone 4S comprise the digital image processing apparatus of claim 13 further comprising a user

http://www.ifixit.com/Teardown/iPhone-4S-Teardown/6610/2 (last accessed on December 28, 2011).

18

processing apparatus of claim
13 further comprising a user
input including a modeswitching actuator for
switching the controller
between the stored-image
display mode and the
photographing mode.

input including a mode-switching actuator for switching the controller between the stored-image
display mode and the photographing mode.

15. The digital image
processing apparatus of claim
14 wherein the user input
further comprises at least one
directional actuator for
displaying a previous and a
next image file in the storedimage display mode, the
controller updating the file
index memory with a different
unique file index value each
time the at least one directional
actuator is pressed.

The iPhone 4S further comprises the digital image processing apparatus of claim 14 wherein the user
input further comprises at least one directional actuator for displaying a previous and a next image file
in the stored-image display mode, the controller updating the file index memory with a different
unique file index value each time the at least one directional actuator is pressed.

16. The digital image
processing apparatus of claim
14 wherein the controller is
operative to read the memory
for retrieving the file index
value in response to the modeswitching actuator being
pressed when switching the
controller from the
photographing mode to the

The iPhone 4S further comprises the digital image processing apparatus of claim 14 w herein the
controller is operative to read the memory for retrieving the file index value in response to the modeswitching actuator being pressed when switching the controller from the photographing mode to the
stored-image display mode.

See, e.g., claim 1(c).

See, e.g., claim 7. To the extent that a finder of fact determines that the iPhone 4S does not literally
perform this element, the iPhone 4S performs an equivalent of this element.

See, e.g., claim 3.

19

stored-image display mode.

20

EXHIBIT J-4

EXHIBIT D

SAMSUNG’S PATENT L.R. 3-1(A)-(D) DISCLOSURES FOR
U.S. PATENT NO. 7,079,871

02198.51845/4322761.5

1

Asserted Claim
(Patent L.R. 3-1(a))
1. A portable telephone
comprising:

ACCUSED INSTRUMENTALITY AND HOW EACH ELEMENT IS MET BY ACCUSED INSTRUMENTALITY
(PATENT L.R. 3-1(B)-(D))
The Apple iPhone 4S (“the iOS 5 Device”), is a portable telephone=.
See, e.g., http://www.apple.com/iphone/iphone-3gs/,
http://www.apple.com/iphone/features/phone.html

[a] an inputting unit which
receives first character
messages to be transmitted;

The iOS 5 Device displays character messages being drawn up to be transmitted on one display
window. For example, messages can be drawn up to be transmitted in a single display window.
See, e.g., iPhone User Guide for iOS 5 page 66("Messages supports text messages with other SMS
and MMS devices, and with other iOS devices using iMessage. With MMS and iMessage, you can
also include photos, videos, and other info.").

[b] a wireless transceiver
which receives second
character messages and
transmits completed
character messages;
[c] a data storage unit
which stores data including
the transmitted character
messages and the received
second character messages;
[d] a display having a
display window which
displays the data of the data
storage unit; and
[e] a controller which, if
the second character
messages are received

02198.51845/4322761.5

The iOS 5 Device and receive second character messages and transmit completed character messages.
See, e.g., iPhone User Guide for iOS 5 page 66("Messages supports text messages with other SMS
and MMS devices, and with other iOS devices using iMessage. With MMS and iMessage, you can
also include photos, videos, and other info.");
The iOS 5 Device includes a data storage unit which stores the character messages to be transmitted.
See, e.g., iPhone User Guide for iOS5 page 66 ("Your conversations are saved in the Messages list.
Conversations that contain unread messages have a blue dot
next to them.")
The iOS 5 Device includes a display having a display window which displays the message.
See, e.g., iPhone User Guide for iOS5 page 66 ("Your conversations are saved in the Messages list.
Conversations that contain unread messages have a blue dot
next to them.")
The iOS 5 Device can receive a second message while a first message is being input.

2

using the wireless
transceiver while drawing
up the first character
messages to be transmitted
using the inputting unit:
[1] displays the arrival of'
the received second
character messages on the
display window,
[2] determines whether
there is a selection to
display the received
second character
messages,
[3] if the determination is
that the selection is to
display the received
second character
messages, divides the
display window into first
and second display
windows, displays the
first character messages
to be transmitted on the
first display window, and
displays the received
second character
messages on the second
display window.
5. A portable telephone
comprising:

The iOS 5 Device's Notification Center displays the arrival of a received message.
See, e.g., iPhone User Guide for iOS 5 page 30, 144-45;
The iOS 5 Device receives the message and can display the characters of the message across the top
status bar.

The iOS 5 Device can display the characters of the message across the top status bar, dividing the
window into first and second display windows, the first display window displaying the first message
and the second display window displaying the second message.

The iOS 4 Devices are portable telephones.
See, e.g., http://www.apple.com/iphone/iphone-3gs/,

02198.51845/4322761.5

3

http://www.apple.com/iphone/features/phone.html
[a] an inputting unit which
receives character
messages to be transmitted
and a division selection
mode;

The iOS 4 Devices include an inputting unit which receives character messages to be transmitted and
a division selection mode.
For example, the screenshot below is the display of the message function when activated on the Apple
Phone Devices.

See, e.g., iPhone User Guide for iOS4 page 101 and iPhone User Guide for iOS 4.2 and 4.3 at page
106 ("Messages lets you exchange text messages with anyone using an SMS-capable phone. Messages
also supports MMS, so you can send photos, video clips (iPhone 3GS or later), contact information,
and voice memos to other MMS-capable devices. You can enter multiple addressees and send a
message to several people at the same time.").

02198.51845/4322761.5

4

The iOS 4 Devices additionally provide the capability to divide the display window by doubleclicking the home button.
See, e.g., iPhone User Guide for iOS4 pages 28-29 and iPhone User Guide for iOS 4.2 and 4.3 at
pages 29-30.
The home button is highlighted in the below image. By quickly pressing the home button twice, the
user will start the window division function.

[b] a wireless transceiver
which, if the character
messages to be transmitted

02198.51845/4322761.5

The iOS 4 Devices include a wireless transceiver which, if the character messages to be transmitted
are completed, transmits the completed character messages.

5

are completed, transmits
the completed character
messages;

See, e.g., Claim 9, Claim 10, http://www.apple.com/iphone/specs.html, http://www.apple.com/iphone/specs.html,
http://www.apple.com/ipad/specs/, http://www.apple.com/ipodtouch/specs.html, iPhone User Guide for iOS4 page
101 and iPhone User Guide for iOS 4.2 and 4.3 at page 106 ("Messages lets you exchange text
messages with anyone using an SMS-capable phone. Messages also supports MMS, so you can send
photos, video clips (iPhone 3GS or later), contact information, and voice memos to other MMScapable devices. You can enter multiple addressees and send a message to several people at the same
time."; "Send a message: Tap , then enter a phone number or name, or tap
and choose a contact
from your contacts list. Tap the text field above the keyboard, type a message, and tap Send.")

[c] a data storage unit
which stores the character
messages to be transmitted;

[d] a display having a
display window which
displays the character
messages to be transmitted;
and

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The iOS 4 Devices include a data storage unit which stores the character messages to be transmitted.
See, e.g., iPhone User Guide for iOS4 page 102 and iPhone User Guide for iOS 4.2 and 4.3 at page
107 ("Your conversations are saved in the Messages list. Conversations that contain unread messages
next to them.")
have a blue dot
The iOS 4 Devices include a display having a display window which displays the character messages
to be transmitted.
For example, the screenshot that is representative of the Apple Phone Device's display when inputting
a character message is printed below, with the display highlighted by a red box.

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See, e.g., http://www.apple.com/iphone/specs.html, http://www.apple.com/iphone/specs.html
[e] a controller which, if
the division mode selection
is input using the inputting
unit while the character
messages to be transmitted

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The iOS 4 Devices include a controller which, if the division mode selection is input using the
inputting unit while the character messages to be transmitted are being drawn up, divides the display
window into first and second display windows, displays the character messages to be transmitted on
the first display window, and displays a search type selection screen on the second display window.

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are being drawn up, divides
the display window into
first and second display
windows, displays the
character messages to be
transmitted on the first
display window, and
displays a search type
selection screen on the
second display window.

For example, the display window is divided into a first and second display windows during the
inputting of a character message once the user double clicks the home button. This division mode
selection results in the screenshot below with the first display window on top and the second display
window on bottom.

Contained in the second display window is a search type selection screen. In this instance, the search
type selection screen includes the Contacts application which allows the user to search through their
Contacts from this application. The Contacts application located in the second display window, is
highlighted by a red box below.

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9. A portable telephone data
displaying method comprising:

Apple infringes this claim because it has performed each and every step of this claim, including but
not limited to through testing and use by its employees. Apple also infringes this claim by selling the
Accused Phone Devices to customers and encouraging those customers to use the products in a
manner that meets each and every step of this claim.
The Accused Phone Devices are portable telephones that perform a displaying method.
See, e.g., http://www.apple.com/iphone/iphone-3gs/, http://www.a
pple.com/iphone/features/phone.html

[a]displaying character
messages being drawn up
to be transmitted on one
display window;

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The Accused Phone Devices display character messages being drawn up to be transmitted on one
display window.
For example, messages can be drawn up to be transmitted in a single display window. The screenshot
below is the single display of the message function when activated on the Apple Phones.

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See Claim 1[a].
See, e.g., iPhone User Guide for iOS4 page 101 and iPhone User Guide for iOS 4.2 and 4.3 at page
106 ("Messages lets you exchange text messages with anyone using an SMS-capable phone. Messages
also supports MMS, so you can send photos, video clips (iPhone 3GS or later), contact information,
and voice memos to other MMS-capable devices. You can
enter multiple addressees and send a message to several people at the same time.").
[b]determining whether a
window division function
for dividing the display
window is selected; and

The Accused Phone Devices determine whether a window division function for dividing the display
window is selected.
For example, the Apple Phone Devices provide the capability to divide the display window by doubleclicking the home button.
See Claim 1[e][2].

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See, e.g., iPhone User Guide for iOS4 pages 28-29 and iPhone User Guide for iOS 4.2 and 4.3 at
pages 29-30.
[c]if the determination is
that the window division
function is selected:

The Accused Phone Devices determine if the window division function is selected.
See Claim 9[b].
For example, by quickly pressing the home button (highlighted below) twice, the user will start the
window division function. Alternatively, the iOS5 device, by dragging down the Notification Center.

[1] determining what kind

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The Accused Phone Devices determine what kind of function is selected. For example, once the

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of function is selected,

window division function is selected by double-clicking the home button, the user is able to select
from the most recently used applications. The portion of the divided display that allows the user to
access the most recently-used applications is highlighted by the red box below.

See Claim 1[e][3].
See, e.g., iPhone User Guide for iOS4 page 29 and iPhone User Guide for iOS 4.2 and 4.3 at page 30.

[2] dividing the one display
window into first and
second display windows,

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The Accused Phone Devices divide the one display window into first and second display windows.
For example, on iOS 4 and the iOS 5 device, once the user double –clicks the home button to bring up
the most recently used applications, the display is divided into a first and second display.
Alternatively, on the iOS 5 device, dragging the dragging motion reveals "widgets," the display is

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divided into a first and second window.
The first and second display windows are identified in the below picture. The first display window is
boxed in with red highlighting, while the second display window is boxed in with blue highlighting.

See Claim 1[e][3].

[3] displaying the character
messages to be transmitted on
the first display window, and

The Accused Phone Devices display the character messages to be transmitted on the first display
window the one display window into first and second display windows.
For example, while the display is divided, the first display continues to display the character messages
to be transmitted, even after the one display is divided into the first and second display windows.

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The screenshot below shows the character messages to be transmitted in the first display.

See Claim 1[e][3].

[4] displaying data
corresponding to the
selected function on the
second display window.

The Accused Phone Devices display data corresponding to the selected function on the second display
window.
For example, on the iOS 4 and iOS 5 devices, once the user double-clicks the home button and divides
the display, the second window is displayed, which displays data corresponding to the selected
function in the second display window. Alternatively, on the iOS 5 device, dragging down the
Notification Center divides the display, the second window is displayed, which displays the data
corresponding to the selected function in the second display window.
In the screenshot below, the mail function is showing the data corresponding to the fact that the user
has a new email message.

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See Claim 1[e][3].
10. A computer readable
medium encoded with
processing instructions for
implementing a data
displaying method
performed by a computer,
the method comprising:

The iPhone 3GS, iPhone 4, and iPhone 4S as well as the Apple iPad and iPad 2, and iPod Touch
(altogether the “Accused Computer Devices”) include a computer readable medium encoded with
processing instructions for implementing a data displaying method performed by a computer.
For example, the Accused Computer Devices run on Apple iOS which is a computer readable medium
encoded with the processing instructions for implementing the display function that allows the user to
divide the display window.
See e.g., http://www.apple.com/ipodtouch/features/more-features.html#multitasking

[a]displaying a character
message being drawn up to
be transmitted on one
display window;

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The Accused Computer Devices include instructions for displaying a character message being drawn
up to be transmitted on one display window.
For example, the Accused Computer Devices provide the capability to display character messages.
Additionally these messages can be drawn up to be transmitted in a single display window. The
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screenshot below is the single display of the message function when activated on the Apple Products.
See, e.g., Claim 9[a], http://www.apple.com/ipad/built-in-apps/.
Screenshots of the messaging display for the iPad and iPod Touch are shown below.

(iPad)

[b]determining whether
a window division
function for dividing
the display window is
selected; and

(iPod Touch)

The Accused Computer Devices include instructions for determining whether a window division
function for dividing the display window is selected.
For example, the Accused Computer Devices provide the capability to divide the display window by
double-clicking the home button.
See Claim 9[b]; iPad User Guide for iOS4 at pages 35-36 and iPad 2 User Guide for iOS 4.3 at pages
36-37; iPod Touch User Guide for iOS4.4 at pages 23-24.

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[c]if the determination
is that the window
division function is
selected:

The window division function is selected when the user double-clicks the home button.
The home button is highlighted in the below images for the iPad and iPod Touch. By quickly pressing
the home button twice, the user will start the window division function.

(iPad)

(iPod Touch)

See Claim 9[c].
[1]determining what
kind of function is
selected,

The Accused Computer Devices include instructions for determining what kind of function is
selected.
For example, once the window division function is selected by double-clicking the home button, the
user is able to select from the most recently used applications. The portion of the divided display that

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allows the user to access the most recently-used applications is highlighted by the red box below.

(iPad)

(iPod Touch)

See, e.g., Claim 9[c][1].
[2]dividing the one
display window into
first and second display
windows,

The Accused Computer Devices include instructions for dividing the one display window into first
and second display windows.
For example, once the user double –clicks the home button to bring up the most recently used
applications, the display is divided into a first and second display.
The first and second display windows are identified in the below pictures. The first display window is
boxed in with red highlighting, while the second display window is boxed in with blue highlighting.

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(iPad)

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(iPod Touch)

See Claim 9[c][2].
[3]displaying the character
message to be transmitted on
the first display window, and

The Accused Computer Devices include instructions for displaying the character message to be
transmitted on the first display window.
For example, while the display is divided, the first display continues to display the character messages
to be transmitted, even after the one display is divided into the first and second display windows.
The screenshots below shows the character messages to be transmitted in the first display.

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(iPad)

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21

(iPod Touch)

See Claim 9[c][3].
[4]displaying data
corresponding to the
selected function on the
second display window.

The Accused Computer Devices include instructions for displaying data corresponding to the selected
function on the second display window.
For example, once the user double-clicks the home button and divides the display, the second window
is displayed, which displays data corresponding to the selected function in the second display window.
In the screenshots below, the functions in the second display window are displaying corresponding
data.

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(iPad)

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(iPod Touch)

See also, Claim 9[c][4].
11. The computer readable
medium of claim 10,
wherein the method further
comprises, after the
selected window division
function is completed,
merging the first and
second display windows to
reform the one display
window and displaying the
character message to be
transmitted on the reformed
one display window.

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The Accused Computer Devices, where the method performed by the instructions includes after the
selected window division function is completed, merging the first and second display windows to
reform the one display window and displaying the character message to be transmitted on the
reformed one display window.
For example, once the user has finished with the division of the display window and desires to
continue with the message function, the first display containing the messaging function merges with
the second display window, leaving the message function filling the display window.
An example screenshot is provided below. The screenshot is the same across all of the Apple
Products.

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20. A display device
comprising: an inputting
unit which receives a first
character message to be
transmitted;

The Accused Computer Products include display device comprising: an inputting unit which receives
a first character message to be transmitted.
The Accused Computer Products are display devices that contain an imputing unit which receives a
first character message to be transmitted.
See, e.g., Claim 9, Claim 10, http://www.apple.com/iphone/iphone-3gs/specs.html,
http://www.apple.com/iphone/specs.html, http://www.apple.com/ipad/features/,
http://www.apple.com/ipodtouch/features/retina-display.html

[a] a receiver and a
transmitter to receive
and transmit completed
character messages;

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The Accused Computer Products include a receiver and a transmitter to receive and transmit
completed character messages.

25

See e.g., Claim 9, Claim 10, http://www.apple.com/iphone/specs.html, http://www.apple.com/iphone/specs.html,
http://www.apple.com/ipad/specs/, http://www.apple.com/ipodtouch/specs.html
[b] a display having a
display window; and

The Accused Computer Products include a display having a display window.
A screenshot that is representative of an Accused Computer Product’s display is printed below, with
the display highlighted by a red box.

See, e.g., Claim 9, Claim 10, http://www.apple.com/iphone/specs.html,
http://www.apple.com/iphone/specs.html, http://www.apple.com/ipad/specs/,
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26

http://www.apple.com/ipodtouch/specs.html
[c] a controller that
receives a request
function while the first
character message to be
transmitted is being
displayed, divides the
display window into
first and second display
windows, displays on
the first display
window the first
character message to be
transmitted, and
displays data
corresponding to a
selected function on the
second display window.
25.: A display device
comprising:
[a] an inputting unit which
receives a first character
message to be transmitted;
[b] a receiver and a
transmitter to receive and
transmit completed
character messages;
[c] a display having a
display window;
[d] a controller which, if
data is to be displayed
while the first character
message is being received,

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See Claim 9 and Claim 10.

The iOS 5 Device is a display device.
See Claim 1[a].

See Claim 1[b].

See Claim 1[d].
See Claim 1[e][1]-[3].

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divides the display window
into first and second
display windows, displays
on the first display window
the first character message
to be transmitted, and
displays the data to be
displayed on the second
display window; and
[e] a data storage unit
See Claim 1[c].
which stores the data to he
displayed, wherein, when
the controller receives a
request to perform a
function using the stored
data, the controller displays
information associated with
the function on the second
display window.

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