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

Filing 942

Declaration of Brian von Herzen in Support of #930 Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed bySamsung Electronics Co. Ltd.. (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, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 10)(Related document(s) #930 ) (Maroulis, Victoria) (Filed on 5/18/2012)

EXHIBIT 8

Infringement Claim Chart for U.S. Patent No. 7,663,607

U.S. Patent No. 7,663,607
Claim 1
A touch panel comprising a
transparent capacitive
sensing medium configured
to detect multiple touches
or near touches that occur
at a same time and at
distinct locations in a plane
of the touch panel and to
produce distinct signals
representative of a location
of the touches on the plane
of the touch panel for each
of the multiple touches,
wherein the transparent
capacitive sensing medium
comprises:

Samsung Galaxy Tab 10.1
The Samsung Galaxy Tab 10.1 includes a touch panel comprising a transparent capacitive sensing
medium configured to detect multiple touches or near touches that occur at a same time and at distinct
locations in a plane of the touch panel and to produce distinct signals representative of a location of the
touches on the plane of the touch panel for each of the multiple touches. More specifically, the Galaxy
Tab 10.1 contains a 10.1-inch WXGA TFT (PLS) LCD touchscreen. (See, e.g., Samsung Galaxy Tab
10.1 Android Tablet User Manual ("User Manual"), at 10.)1 The touchscreen of the Galaxy Tab 10.1
operates as a capacitive sensing medium. In particular, as illustrated in the schematic diagram below, the
touchscreen includes two separate sets of conductive traces, and senses touches through capacitive
coupling between the two.

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)2
Moreover, the LCD touchscreen on the Galaxy Tab 10.1 is configured to detect multiple touches or near
1

Available at http://downloadcenter.samsung.com/content/UM/201106/20110610070713309/GENERIC_GT-P7510_Galaxy_Tab_101_English_USER_MANUAL.pdf.
2
This schematic diagram and the others in this chart are meant to be illustrative. Certain details are omitted for clarity.

1

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1
touches that occur at a same time and distinct location. For instance, the LCD touchscreen is used to
navigate and configured to detect multiple touches, such as using two fingers to "pinch" to zoom in or
zoom out. (See, e.g., User Manual at 15.)

(User Manual at 15.)
Further, the Galaxy Tab's touchscreen, and its associated controller and driver software, generates distinct
signals when more than one touch is detected. The existence and generation of these signals is confirmed
by the Android platform software running on the Galaxy Tab. In particular, the Galaxy Tab runs version

2

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1
3.1 ("Honeycomb") of the Android platform. ("Samsung Galaxy Tab 10.1 (Wi-Fi Only), Product
Features.")3 This version of Android includes software objects of the class MotionEvent, which are "used
to report movement (mouse, pen, finger, trackball) events." (Android Developer Site, Class
MotionEvent.)4 The MotionEvent class can include data regarding multiple simultaneous pointer
touches, or near touches, with the touchscreen. (Id.) Moreover, the source code for the MotionEvent
class indicates that it includes information, such as an array holding multiple objects of type
PointerCoords, each of which includes data (e.g., x and y coordinates, major and minor axes, and
pressure) associated with a distinct touch occurring at the same time on the touchscreen. (Android
Source Code at MotionEvent.java.)5 On information and belief, discovery will confirm that the data
stored in these data structures originates from distinct signals generated by the Galaxy Tab's touchscreen,
which are representative of multiple distinct touches.

a first layer having a
plurality of transparent first
conductive lines that are
electrically isolated from
one another; and

The Samsung Galaxy Tab 10.1 includes a transparent capacitive sensing medium that comprises a first
layer having a plurality of transparent first conductive lines that are electrically isolated from one another.
More specifically, the first layer contains lines that are made of a transparent conductive material and are
electrically isolated from each other via etch gaps, as illustrated in the figures below.

3

Available at http://www.samsung.com/us/mobile/galaxy-tab/GT-P7510MAYXAB.
Available at http://developer.android.com/reference/android/view/MotionEvent.html.
5
The source code referenced here refers to version 2.3 of the Android source code, as this is the last version that is publicly available. The developer
documentation cited above indicates that the functionality in question also exists in versions 3.0, 3.1, and higher, of Android.
4

3

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1, Optical Micrographs
of First Conductive Lines6)

(Galaxy Tab 10.1, Scanning Electron
Micrographs of First Conductive Lines)

7

6

This figure is a composite of multiple micrographs. The image was observed using an optical microscope, multiple pictures were taken, and then they were
placed together to illustrate what was observed. Further, annotations to the optical and scanning electron micrographs, including labels and arrows, are not part
of the micrographs and were added based on what was observed under a microscope.
7
This schematic diagram and the others in this chart are meant to be illustrative. Certain details are omitted for clarity. Further, the dimensions in the schematics
and figures were added based on measured results and scale bars on the images.

4

U.S. Patent No. 7,663,607
a second layer spatially
separated from the first
layer and having a plurality
of transparent second
conductive lines that are
electrically isolated from
one another,

Samsung Galaxy Tab 10.1
The Samsung Galaxy Tab 10.1 contains a second layer spatially separated from the first layer and having
a plurality of transparent second conductive lines that are electrically isolated from one another. More
specifically, as illustrated in the schematic diagram below, the Galaxy tab includes first and second layers
that contain transparent conductive lines and are spatially separated from each other by a plastic layer.

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)
Further, the second layer’s transparent conductive lines, illustrated in the micrographs below, are
electrically isolated from one another by an etch gap and by "dummy" regions, which are not electrically
connected to each other or to the first conductive lines. The presence of the etch gap and the dummy
regions electrically isolates the second set of conducting lines from each other.

5

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1 Teardown
(Galaxy Tab 10.1, Scanning Electron
Schematic)
Of Second Conductive Lines)
the second conductive lines The Samsung Galaxy Tab 10.1 contains second conductive lines that are positioned transverse to the first
being positioned transverse conductive lines, such that the intersection of transverse lines are positioned at different locations in the
to the first conductive lines, plane of the touch panel. More specifically, as illustrated above, the second conductive traces are
the intersection of
transverse to the first conductive lines. When the first conductive lines are positioned in the horizontal
transverse lines being
direction, the second conductive lines are positioned in the vertical direction, as illustrated above in the
positioned at different
micrographs and the schematic diagrams.
locations in the plane of the
touch panel,
each of the second
conductive lines being
operatively coupled to
capacitive monitoring
circuitry;

In the Galaxy Tab 10.1, each of the second conductive lines is operatively coupled to capacitive
monitoring circuitry. In particular, as the diagrams above show, the Samsung Galaxy Tab 10.1 uses a
capacitive touchscreen and, accordingly, the intersections of the first and second conductive lines act as
capacitive sensors. The conductive lines are necessarily connected to circuitry that monitors the
capacitive coupling between these sets of conductive lines, as information relating to touches occurring

6

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1
on the touchscreen is conveyed from the touchscreen, via its controller, and/or driver software, to the
overlying Android software platform. (See Android Source Code at MotionEvent.java.) Moreover, the
touchscreen of the Galaxy Tab 10.1 is responsive to touches occurring on the touchscreen, such as
gestures used to navigate the device. (User Manual at 15.) Again, the conductive lines of the Galaxy
Tab's touchscreen must necessarily be connected to capacitive monitoring circuitry to enable the detection
of these touches and the device's response to them. On information and belief, discovery will confirm the
identity of the specific circuit elements within the Galaxy Tab 10.1 that implement this functionality.

wherein the capacitive
monitoring circuitry is
configured to detect
changes in charge coupling
between the first
conductive lines and the
second conductive lines.

The Samsung Galaxy Tab 10.1 includes capacitive monitoring circuitry configured to detect changes in
charge coupling between the first conductive lines and the second conductive lines. As shown above, the
touchscreen in the Samsung Galaxy Tab 10.1 is a mutual capacitance touchscreen, which includes two
sets of spatially separated traces, oriented transverse to each other. As set forth above, one set of
conductive lines are connected to the capacitive monitoring circuitry. When a current is driven through
elements on the other set of lines, the capacitive monitoring circuitry can detect changes in charge
coupling between the first and second set of conductive lines when an object is on or near the
touchscreen.

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)

7

U.S. Patent No. 7,663,607
Claim 2
The touch panel as recited
in claim 1 wherein the
conductive lines on each of
the layers are substantially
parallel to one another

Samsung Galaxy Tab 10.1
The Samsung Galaxy Tab 10.1 has conductive lines on each of the layers that are substantially parallel to
one another as shown by the images below.

(Galaxy Tab 10.1, Optical Micrographs
of First Conductive Lines)

8

(Galaxy Tab 10.1, Scanning Electron
Micrographs of First Conductive Lines)

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1 Teardown
Schematic)
Claim 3
The touch panel as recited
in claim 2 wherein the
conductive lines on
different layers are
substantially perpendicular
to one another.

(Galaxy Tab 10.1, Scanning Electron
Of Second Conductive Lines)

The Samsung Galaxy Tab 10.1 contains conductive lines on the first and second layers of the touch panel
within the Galaxy Tab 10.1 are oriented substantially along the X and Y axes, respectively, of a Cartesian
grid and are therefore substantially perpendicular to one another.

Claim 6
The touch panel as recited
The Samsung Galaxy Tab 10.1 contains conductive lines formed from indium tin oxide. For instance, xin claim 1 wherein the
ray photoelectron spectroscopy ("XPS") indicates that the conductive lines comprise indium, tin, and
conductive lines are formed oxygen.

9

U.S. Patent No. 7,663,607
from indium tin oxide
(ITO).

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1, X-Ray Photoelectron Spectroscopic Analysis of Conducting Traces)
Claim 7
The touch panel as recited
in claim 1, wherein the
capacitive sensing method
is a mutual capacitance

The touch panel in the Samsung Galaxy Tab 10.1 is a mutual capacitance sensing medium. In particular,
as shown above, the touch panel includes two sets of conductive lines separated by a non-conductive
layer and oriented transverse to each other. As set forth above, one set of conductive lines are connected
to the capacitive monitoring circuitry. When a current is driven through elements on the other set of

10

U.S. Patent No. 7,663,607
sensing medium.

Claim 8
The touch panel as recited
in claim 7, further
comprising a virtual ground
charge amplifier coupled to
the touch panel for
detecting the touches on
the touch panel.
Claim 10
A display arrangement
comprising: a display
having a screen for
displaying a graphical user
interface; and

Samsung Galaxy Tab 10.1
lines, the capacitive monitoring circuitry can detect changes in charge coupling between the first and
second set of conductive lines when an object is on or near the touchscreen. The Galaxy Tab 10.1's touch
panel is, therefore, a mutual capacitance sensing medium.

Upon information and belief, the Samsung Galaxy Tab 10.1 contains a virtual ground charge amplifier
coupled to the touch panel for detecting the touches on the touch panel; the specific circuit elements
performing this function will be identified in discovery.

The Samsung Galaxy Tab 10.1 comprises a display in the form of a screen for displaying a graphical user
interface.

11

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(User Manual at 12-13.)
a transparent touch panel
allowing the screen to be
viewed there through and
capable of recognizing
multiple touch events that
occur at different locations
on the touch panel at a

The Samsung Galaxy Tab 10.1 includes a transparent touch panel allowing the screen to be viewed there
through and capable of recognizing multiple touch events that occur at different locations on the touch
panel at a same time and to output this information to a host device to form a pixilated image. More
specifically, the Samsung Galaxy Tab 10.1 includes a transparent touchscreen capable of accepting and
detecting multiple simultaneous touches. For instance, the LCD is used to navigate and configured to
detect multiple touches, such as using two fingers to "pinch" to zoom in or zoom out. (See, e.g., User
Manual at 15.)

12

U.S. Patent No. 7,663,607
same time and to output
this information to a host
device to form a pixilated
image;

Samsung Galaxy Tab 10.1

(User Manual at 15.)

wherein the touch panel
includes a multipoint
sensing arrangement

Moreover, the Galaxy Tab outputs information regarding touches on its touchscreen to a host device to
form a pixilated image. In particular, as set forth below, the Galaxy Tab includes two sets of conducting
traces, oriented transverse to each other and forming a capacitive sensor, or node, at each intersection.
The data from these sensors is processed and used to represent the proximity of an object to the
touchscreen at each sensor node, which in turn is used to form a pixilated image as claimed.
The Samsung Galaxy Tab 10.1 includes a multipoint sensing arrangement configured to simultaneously
detect and monitor the touch events and a change in capacitive coupling associated with those touch
events at distinct points across the touch panel. The Samsung Galaxy Tab 10.1 permits multiple

13

U.S. Patent No. 7,663,607
configured to
simultaneously detect and
monitor the touch events
and a change in capacitive
coupling associated with
those touch events at
distinct points across the
touch panel; and

Samsung Galaxy Tab 10.1
simultaneous touch inputs and accordingly includes a sensing arrangement to detect and monitor touch
events. (See, e.g., User Manual at 15.)

(User Manual at 15.)
Further, the touchscreen of the Galaxy Tab 10.1 operates as a capacitive sensing medium to monitor the
change in capacitive coupling associated with touch events. In particular, as illustrated in the schematic
diagram below, the touchscreen includes two separate sets of conductive traces, and senses touches
through capacitive coupling between the two. This coupling occurs at the intersections between a first
and a second conducting line at distinct points on the touch panel.

14

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown.)
wherein the touch panel
comprises: a first glass
member disposed over the
screen of the display;

The Samsung Galaxy Tab 10.1 includes a touch panel with a first glass member disposed over the screen
of the display. For instance, the first glass member disposed over the LCD is a plastic layer illustrated in
light green (plastic above the LCD) below.8

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)
8

Apple contends that the claimed “glass members” are present both literally and under the doctrine of equivalents. To the extent that Samsung asserts, or the
Court finds, that the “glass members” are not literally present, Apple contends that they are present because plastic and tempered glass are insubstantially
different within the context of the ‘607 patent. In addition, plastic and tempered glass function in the same way to produce the same result as glass, and these two
substances are substantially interchangeable for the purposes of the claims.

15

U.S. Patent No. 7,663,607
Samsung Galaxy Tab 10.1
a first transparent
The Samsung Galaxy Tab 10.1 includes a touch panel with a first transparent conductive layer disposed
conductive layer disposed
over a first glass member. More specifically, the first transparent conductive layer is the layer of
over the first glass member, conductive traces (indicated by the solid red line), which is disposed over the plastic just above the LCD.
the first transparent
conductive layer
comprising a plurality of
spaced apart parallel lines
having the same pitch and
linewidths;

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)
The first transparent conductive layer comprises a plurality of spaced apart lines having the same pitch
and linewidths. In particular, the first transparent conductive layer is comprised of a plurality of parallel
lines have a line width of approximately 5mm and a pitch of approximately 5.0-5.3mm.

16

U.S. Patent No. 7,663,607

a second glass member
disposed over the first
transparent conductive
layer;

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1, Optical Micrographs
(Galaxy Tab 10.1, Scanning Electron
of First Conductive Lines)
Micrographs of First Conductive Lines)
The Samsung Galaxy Tab 10.1 contains a second glass member disposed over the first transparent
conductive layer. More specifically, a layer of plastic, illustrated in yellow (the plastic below the cover
glass) in the schematic diagram below, is disposed over the first transparent conductive layer.

17

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)
a second transparent
conductive layer disposed
over the second glass
member, the second
transparent conductive
layer comprising a plurality
of spaced apart parallel
lines having the same pa
and linewidths, the parallel
lines of the second
transparent conductive
layer being substantially
perpendicular to the
parallel lines of the first
transparent conductive
layer;

The Samsung Galaxy Tab 10.1 contains a second transparent conductive layer disposed over the second
glass member, the second transparent conductive layer comprising a plurality of spaced apart parallel
lines having the same pitch and linewidths, the parallel lines of the second transparent conductive layer
being substantially perpendicular to the parallel lines of the first transparent conductive layer. More
specifically, as shown below, the second transparent conductive layer comprises a plurality of parallel
spaced-apart lines having the same linewidth, which is approximately 1.0-1.1mm, with a pitch of
approximately 5mm. Further, the conductive lines on the first and second layers of the touch panel within
the Galaxy Tab 10.1 are oriented substantially along the X and Y axes of a Cartesian grid, respectively,
and are therefore substantially perpendicular to one another.

18

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1 Teardown
Schematic)
a third glass member
disposed over the second
transparent conductive
layer; and

(Galaxy Tab 10.1, Scanning Electron
Of Second Conductive Lines)

The Samsung Galaxy Tab 10.1 contains a third glass member disposed over the second transparent
conductive layer. More specifically, the Samsung Galaxy Tab 10.1 contains a glass member in the form
of tempered glass. (User Manual at 125.) ("Using excessive force or a metallic object when pressing on
the touch-screen may damage the tempered glass surface and void the warranty.") As shown in the
schematic diagram below, the third glass member (i.e., the cover glass) is disposed over the second
transparent conductive traces (represented by the dashed red line below).

19

U.S. Patent No. 7,663,607

Samsung Galaxy Tab 10.1

(Schematic Diagram of Samsung Galaxy Tab 10.1 Teardown)
one or more sensor
integrated circuits
operatively coupled to the
lines.

Claim 11
The display arrangement as
recited in claim 10 further
including dummy features
disposed in the space
between the parallel lines,

The Samsung Galaxy Tab 10.1 includes one or more sensor integrated circuits operatively coupled to the
conductive lines. The intersections of the first and second conductive lines act as capacitive sensors. The
conductive lines are necessarily connected to sensor integrated circuits, as information relating to touches
occurring on the touchscreen is conveyed from the touchscreen, via its controller, and/or driver software,
to the Android software platform. (See Android Source Code at MotionEvent.java.) Moreover, the
touchscreen of the Galaxy Tab 10.1 is responsive to touches occurring on the touchscreen, such as
gestures used to navigate the device. (User Manual at 15.) Again, the conductive lines of the Galaxy
Tab's touchscreen must necessarily be connected to sensor circuitry to enable the detection of these
touches and the device's response to them. On information and belief, discovery will confirm the identity
of the specific circuit elements within the Galaxy Tab 10.1 that implements this functionality.

The Samsung Galaxy Tab 10.1 includes dummy features disposed in the space between the parallel lines,
the dummy features optically improving the visual appearance of the touchscreen by more closely
matching the optical index of the lines. The dummy features are composed of the same, or substantially
the same, material as the conductive lines, such as ITO, and therefore closely match the optical index of
the lines. The cells are not electrically connected to each other, or to the conductive lines themselves.

20

U.S. Patent No. 7,663,607
the dummy features
optically improving the
visual appearance of the
touchscreen by more
closely matching the
optical index of the lines.

Samsung Galaxy Tab 10.1

(Galaxy Tab 10.1 Teardown
Schematic)

(Galaxy Tab 10.1, Scanning Electron
Of Second Conductive Lines)

21