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

Filing 991

Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apple Experts filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motion To File Under Seal Documents Re Apples Opposition to Exclude Apple Experts Opinions, #2 [Proposed] Order Granting Apples Administrative Motion To File Under Seal, #3 Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apples Experts, #4 Declaration Of Mia Mazza In Support Of Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apples Experts, #5 Exhibit Mazza Decl. Ex. D, #6 Exhibit Mazza Decl. Ex. F, #7 Exhibit Mazza Decl. Ex. G, #8 Exhibit Mazza Decl. Ex. J, #9 Exhibit Mazza Decl. Ex. K, #10 Exhibit Mazza Decl. Ex. L, #11 Exhibit Mazza Decl. Ex. R, #12 Exhibit Mazza Decl. Ex. S, #13 Exhibit Mazza Decl. Ex. T, #14 Exhibit Mazza Decl. Ex. U, #15 Exhibit Mazza Decl. Ex. V, #16 Exhibit Hauser Decl. Ex. B, #17 Exhibit Hauser Decl. Ex. C, #18 Exhibit Hauser Decl. Ex. D, #19 Exhibit Hauser Decl. Ex. E, #20 Exhibit Musika Decl. Ex. S, #21 Exhibit Musika Decl. Ex. T, #22 Exhibit Musika Decl. Ex. U, #23 [Proposed] Order Denying Samsungs Motion To Exclude Opinions Of Apples Experts)(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 attachment #1 Sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

Exhibit R

Summary of Expert Report and Patent Language Supporting Dr. Hauser’s Descriptions of Patented Features
Patent Description of the
Patented Feature in the
Hauser Survey
‘607
“Multi-touch capability.
Whether the tablet is
capable of reliably
performing a full range
of multi-touch operations
– operations where two,
three or more fingers are
used on the screen at the
same time.”2
“Touchscreen reliability.
Whether the smartphone
accurately carries out
what you intend to do
when you touch the
screen.”3

1

Samsung’s Alleged
“Disparity”1
No connection between
the touchscreen
“reliably” doing what
“you intend” and the
‘607 patent.

Dr. Hauser’s Descriptions Are
Consistent with Apple’s Expert
Reports
Maharbiz, Apple’s technical expert,
says:
• The technology associated with the
‘607 patent “can detect and locate
multiple touches even when the
touches are along a single-sense
line, and can smoothly track the
motion of multiple fingers.”4
Maharbiz also distinguishes the ‘607
technology from other touch screen
technology. He says:
• “[I]t is not at all clear that
resistive type touch screens or
prior capacitive touch screens
could have accurately reflected
contacts with the touch screen to
enable natural, reliable multitouch gestures.”5

Dr. Hauser’s Descriptions
Are Consistent with the
Patent Language
The patent itself says:
• The technology results
in a “more accurate
output”6 and that with
alternative technology
“faulty results are
generated.”7

Dkt. No. 927-20.
Hauser Decl. Ex. A [Hauser Report], Ex. E, p. 8, Ex. G at QATTR3; see also http://www.surveyplus.com/survey1202asts/play_video.asp?vid=31.
3
Hauser Decl. Ex. A [Hauser Report], Ex. F at QATTR3; see also http://www.surveyplus.com/survey1202asps/play_video.asp?vid=31.
4
Mazza Decl. Ex. P [Maharbiz Opening Report] ¶ 32.
5
Mazza Decl. Ex. P [Maharbiz Opening Report] ¶ 272.
6
“The sensing line 224 may contain a filter 236 for eliminating parasitic capacitance 237, which may for example be created by the large surface area of the row
and column lines relative to the other lines and the system enclosure at ground 40 potential. Generally speaking, the filter rejects stray capacitance effects so that
a clean representation of the charge transferred across the node 226 is outputted (and not anything in addition to that). That is, the filter 236 produces an output
that is not dependent on the parasitic capacitance, but rather on the capacitance at the node 226. As a result, a more accurate output is produced.” Mazza Decl.
Ex. T [US 7,663,607] at 17:36-47. (emphasis added.)
7
“One problem found in all of these technologies is that they are only capable of reporting a single point even when multiple objects are placed on the sensing
surface. That is, they 65 lack the ability to track multiple points of contact simultaneously. In resistive and capacitive technologies, an average of all
simultaneously occurring touch points are determined and a single point which falls somewhere between the touch points is reported. In surface wave and
2

Summary of Expert Report and Patent Language Supporting Dr. Hauser’s Descriptions of Patented Features
Patent Description of the
Patented Feature in the
Hauser Survey
‘163
“Tap to re-center after
zoom. Whether, after
zooming in and
centering, the
touchscreen permits you
to tap the screen to center
other content on the
screen.”9
The video accompanying
the description depicts
the user tapping on the
screen to substantially
center other content after
the initial zoom.10

Dr. Hauser’s Descriptions Are
Consistent with Apple’s Expert
Reports
The animation
Samsung’s chart uses the wrong
presented to
description of the feature covered by
respondents talks about the ‘163 patent. The disparity it alleges
the ability to “re-center is unintelligible. The video Hauser
after zoom,” but says
used clearly shows the substantial
nothing about the
centering of content upon the initial
requirement that a
zoom. Singh, Apple’s technical expert,
“box” of content be
described this feature in a way
“substantially centered” completely consistent with Hauser’s
upon the initial
survey. He wrote:
enlarging (i.e. “zoom”
• “The iPhone 4 detects a user’s
step).
double tap gesture (two taps on the
The animation also
touch screen in quick succession)
talks about “reon a box of content, and it
center[ing],” whereas
responds to that gesture by
the claim covers
determining which box was
“translating a structured
tapped and then enlarging and
electronic document in
substantially centering that box
order to “substantially
on the screen. If the user
center a “second box of
proceeds to double tap on a
content.”
second box of content on the web
page, the iPhone 4 responds by
substantially centering that
second box on the screen.”11
Samsung’s Alleged
“Disparity”8

Dr. Hauser’s Descriptions
Are Consistent with the
Patent Language
The patent language says:
• “[W]hile the first box is
enlarged, a second
gesture is detected on a
second box other than
the first box; and in
response to detecting
the second gesture, the
structured electronic
document is translated
so that the second box
is substantially
centered on the touch
screen display.”12

infrared technologies, it is impossible to discern the exact position of multiple touch points that fall on the same horizontal or vertical lines due to masking. In
either case, faulty results are generated.” Mazza Decl. Ex. T [US 7,663,607] at 1:63-2:6. (emphasis added.)
8
Dkt. No. 927-20.
9
Hauser Decl. Ex. A [Hauser Report], Ex. E, p. 8, Ex. F at QATTR3, Ex. G at QATTR3.
10
http://www.surveyplus.com/survey1202asts/play_video.asp?vid=31; http://www.surveyplus.com/survey1202asps/play_video.asp?vid=31.
11
Mazza Decl. Ex. M [Singh Opening Report] ¶ 33.

Summary of Expert Report and Patent Language Supporting Dr. Hauser’s Descriptions of Patented Features
Patent Description of the
Patented Feature in the
Hauser Survey
‘915
“Automatically switch
between single- and
multi-touch. Whether
you can automatically
switch back and forth
between using only one
finger on the screen
(“single touch”), and
using two or more fingers
on the screen (“multitouch”).14

12

Dr. Hauser’s Descriptions Are
Consistent with Apple’s Expert
Reports
Nothing in the patent
Singh explained that:
talks about
• “The ‘915 patent provides
“automatically
functionality that is central to all of
switching” between
the Accused Products: the ability
single- and multi-touch.
to distinguish automatically
between a one-finger scroll call
and a two finger gesture such as a
zoom or rotate gesture.”15
Samsung’s Alleged
“Disparity”13

Dr. Hauser’s Descriptions
Are Consistent with the
Patent Language
The patent language makes
clear that:
• In “determining
whether the event
object invokes a scroll
or gesture operation” it
can, without further
user input,
“distinguish[] between
a single input point
applied to the touchsensitive display that is
interpreted as the scroll
operation and two or
more input points
applied to the touchsensitive display that

“A computer-implemented method, comprising: at a portable electronic device with a touch screen display; displaying at least a portion of a structured
electronic document on the touch screen display, wherein the structured electronic document comprises a plurality of boxes of content; detecting a first gesture at
a location on the displayed portion of the structured electronic document; determining a first box in the plurality of boxes at the location of the first gesture;
enlarging and translating the structured electronic document so that the first box is substantially centered on the touch screen display; while the first box is
enlarged, a second gesture is detected on a second box other than the first box; and in response to detecting the second gesture, the structured electronic
document is translated so that the second box is substantially centered on the touch screen display.” Mazza Decl. Ex. S [US 7,864,163] at 25:30-43. (emphasis
added.)
13
Dkt. No. 927-20.
14
Hauser Decl. Ex. A [Hauser Report], Ex. E, p. 8, Ex. F at QATTR3, Ex. G at QATTR3; see also
http://www.surveyplus.com/survey1202asts/play_video.asp?vid=31; http://www.surveyplus.com/survey1202asps/play_video.asp?vid=31.
15
Mazza Decl. Ex. M [Singh Opening Report] ¶ 457.

Summary of Expert Report and Patent Language Supporting Dr. Hauser’s Descriptions of Patented Features

Patent Description of the
Patented Feature in the
Hauser Survey
‘381
“Rubberband effect.
Whether or not the
touchscreen contains a
‘rubberband’ effect in
which the screen
‘bounces’ when you
reach the end of a
webpage or image.18

16

Samsung’s Alleged
“Disparity”17
Dr. Hauser’s surveys
use the term
“rubberband” to
describe the ‘381
patent, but the ‘381
patent does not use that
term. The animation
presented to
respondents shows
motion only in the
vertical direction, while
Apple’s expert does not
seem to limit the ‘381
patent in this way.

Dr. Hauser’s Descriptions Are
Consistent with Apple’s Expert
Reports
Dr. Hauser’s use of “rubberband” is
consistent with the use of that term by
Balakrishnan, Apple’s technical expert
who writes:
• “[O]nce the user lifts his finger,
the photo will ‘bounce’ or ‘rubber
band’ back to fill the screen.”19
Motion in the vertical direction is
expressly covered by the patent and
Samsung does not explain why
showing motion in an additional
direction would be required.

are interpreted as the
gesture operation.”16
Dr. Hauser’s Descriptions
Are Consistent with the
Patent Language
Figures 8A-8D depict the
“rubberbanding” effect.20
The patent language says:
• The feature “makes the
edge of the electronic
document appear to be
elastically attached to
an edge of the touch
screen display.”21 The
patent language
specifies that the effect
works in “a vertical
direction, a horizontal

“A machine implemented method for scrolling on a touch-sensitive display of a device comprising: receiving a user input, the user input is one or more input
points applied to the touch-sensitive display that is integrated with the device; creating an event object in response to the user input; determining whether the
event object invokes a scroll or gesture operation by distinguishing between a single input point applied to the touch-sensitive display that is interpreted as the
scroll operation and two or more input points applied to the touch-sensitive display that are interpreted as the gesture operation.” Mazza Decl. Ex. U[US
7,844,915] at 23:65-24:11. (emphasis added.)
17
Dkt. No. 927-20.
18
Hauser Decl. Ex. A [Hauser Report], Ex. E, p. 8, Ex. F at QATTR3, Ex. G at QATTR3; see also
http://www.surveyplus.com/survey1202asts/play_video.asp?vid=31; http://www.surveyplus.com/survey1202asps/play_video.asp?vid=31.
19
Mazza Decl. Ex O [Balakrishnan Rebuttal Report] ¶ 37; see also Id. ¶¶ 36, 44, 148, Ex. N [Balakrishnan Opening Report] ¶ 44.
20
Mazza Decl. Ex. V [US 7,469,381] at Figures 8A-8D.
21
“The computer-implemented method of claim 1, wherein changing from translating in the first direction to translating in the second direction until the area
beyond the edge of the document is no longer displayed makes the edge of the electronic document appear to be elastically attached to
an edge of the touch screen display or to an edge displayed on the touch screen display.” Mazza Decl. Ex. V [US 7,469,381] at 36:31-37. (emphasis added.)

Summary of Expert Report and Patent Language Supporting Dr. Hauser’s Descriptions of Patented Features
direction, or a diagonal
direction.22

22

"The computer-implemented method of claim 1, wherein the first direction is a vertical direction, a horizontal direction, or a diagonal direction." Mazza Decl.
Ex. V [US 7,469,381] at 36:1-3. (emphasis added.)