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

Filing 996

Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony 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 Samsungs Motion To Strike Expert Testimony, #2 Declaration Of Mia Mazza In Support Of Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony, #3 [Proposed] Order Granting Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike, #4 Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #5 Declaration Of Marc J. Pernick In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #6 Exhibit Pernick Decl. Ex. 8, #7 Exhibit Pernick Decl. Ex. 10, #8 Exhibit Pernick Decl. Ex. 11, #9 Exhibit Pernick Decl. Ex. 12, #10 Exhibit Pernick Decl. Ex. 16, #11 Exhibit Pernick Decl. Ex. 17, #12 Exhibit Pernick Decl. Ex. 19, #13 Declaration Of Michel Maharbiz, Ph.D. In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony, #14 Exhibit Maharbiz Decl. Ex. A, #15 Exhibit Maharbiz Decl. Ex. B, #16 [Proposed] Order Denying Samsungs Motion To Strike Expert Testimony (Dkt. No. 936))(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 pursuant to General Order No. 62, attachment #1 and #2 Sealed (dhm, COURT STAFF).

Exhibit 8

EXHIBIT L

SAMSUNG’S PATENT L.R. 3-1(A)-(D) DISCLOSURES FOR
U.S. PATENT NO. 7,698,711

03498.51845/4322334.1

1

Asserted Claim
(Patent L.R. 3-1(a))
1. A multi-tasking
method in a pocket-sized
mobile communication
device including an MP3
playing capability, the
multi-tasking method
comprising:

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))
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 Apple iPhone, iPhone 3G, iPhone 3GS,
and iPhone 4 (collectively the “Accused 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 Devices are pocket-sized mobile communication devices that perform a multi-tasking method including an
MP3 playing capability.
See e.g., http://www.apple.com/iphone/iphone-3gs/ (“iPod: Play music and watch video in vivid color.”);
http://www.apple.com/iphone/features/ipod.html (“iPhone 4 isn’t just an amazing phone. It’s an amazing iPod, too — one
that lets you listen to music, watch video, and browse everything with the touch of a finger. Flick to scroll through songs,
artists, albums, and playlists. Flick through music by album artwork with Cover Flow.”)

[a] generating a
The Accused Devices generate a music background play object, wherein the music background play object includes an
music background
application module including at least one applet. The music background object is marked by the red box and area in the
play object, wherein below representative picture of the iPhone and iPod Touch home pages.
the music
background play
object includes an
application module
including at least one
applet;

03498.51845/4322334.1

2

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))

(iPhone)

(iPod Touch)

See e.g., iPhone User Guide for iOS4.2 and 4.3, pg 91. ("Use the iPod app to enjoy your favorite music, widescreen
videos, and more."; iPhone User Guide for iOS4.2 and 4.3, pg 92. ("You can browse content on iPhone by playlists,
artists, songs, videos, and other categories, or browse your album artwork using Cover Flow. Playlist folders, which you
can sync from iTunes, let you organize playlists into groups." iPhone User Guide for iOS4.2 and 4.3, pg 92.); iPod Touch
User Guide iOS4 pg. 52 ("Use the Music and Video apps to enjoy your favorite music, widescreen videos, and more.").
[b] providing an
interface for music
play by the music
background play
object;

03498.51845/4322334.1

The Accused Devices provide an interface for music play by the music background play object.
See e.g., iPhone User Guide for iOS4.2 and 4.3, pg 91. ("Use the iPod app to enjoy your favorite music, widescreen
videos, and more."; iPhone User Guide for iOS4.2 and 4.3, pg 92. ("You can browse content on iPhone by playlists,
artists, songs, videos, and other categories, or browse your album artwork using Cover Flow. Playlist folders, which you
can sync from iTunes, let you organize playlists into groups." iPhone User Guide for iOS4.2 and 4.3, pg 92.); iPod Touch
User Guide iOS4 pg. 52 ("Use the Music and Video apps to enjoy your favorite music, widescreen videos, and more.").

3

Asserted Claim
(Patent L.R. 3-1(a))
[c]selecting an MP3
mode in the pocketsized mobile
communication
device using the
interface;

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))
The Accused Devices allow a user to select an MP3 mode. For example, the Accused Devices allow the user to select the
MP3 mode by tapping on the iPod or Music application icon. Once this application is selected, the user is taken to the
iPod application home page, as shown below.

[d] selecting and
playing a music file
in the pocket-sized
mobile
communication
device in the MP3
mode;

The Accused Devices allow a user to select and play a music file in the MP3 mode. Once the user has selected the iPod or
Music application and the MP3 interface is activated, the user can then choose to play a music file stored on the device.
After the user selects which file to play, a new screen is presented to the user that allows the user to play, pause, and
manage the volume of the MP3 file. An example of this screen is represented below.

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4

Asserted Claim
(Patent L.R. 3-1(a))

[e] switching the
MP3 mode to a
standby mode while
the playing of the
music file continues;

03498.51845/4322334.1

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

The Accused Devices allow a user to switch from the MP3 mode to a standby mode while the playing of the music file
continues by pressing the home button. The home button is located at the bottom of all of the Accused Devices, as noted
by the red box and arrow in the below representative picture.

5

Asserted Claim
(Patent L.R. 3-1(a))

[f] displaying an
indication that the
music file is being
played in the standby
mode;

03498.51845/4322334.1

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

The Accused Devices display an indication that the music file is being played in the standby mode. Once the user presses
the home button, the user is then taken to the home page where the Accused Device will await the user to select another
application to run. While on the home page, the music file continues to play in the background. The fact that the music
file is still playing the background is indicated by the play icon in the upper right corner of the display, an example of
which is highlighted below.

6

Asserted Claim
(Patent L.R. 3-1(a))

[g] selecting and
performing at least
one function of the
pocket-sized mobile
communication
device from the
standby mode while
the playing of the
music file continues;

03498.51845/4322334.1

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

(iPhone)
(iPod Touch)
The Accused Devices allow a user to select and perform at least one function of the Accused Device from the standby
mode while the playing of the music file continues. See e.g., http://www.apple.com/iphone/features/ipod.html ("Multitask
in stereo. Just about anything you do on iPhone, you can do while listening to music. Multitasking makes it possible.
From whatever app you’re in, simply double-click the Home button to reveal the new multitasking interface, then swipe
right to access iPod controls — play/pause, forward, and back."); http://www.apple.com/ipodtouch/ios4/ ("Multitasking:
Now you can run your favorite third-party apps—and switch between them instantly—without slowing down the
performance of the foreground app…")
By way of example, the Notes application has been selected to demonstrate the Accused Devices’ ability to perform at
least one function while the playing of the music file continues. While the Notes application is running, the music file is
still playing in the background, as indicated by the play icon in the upper right hand corner of the display.

7

Asserted Claim
(Patent L.R. 3-1(a))

[h]and continuing to
display the
indication that the
music file is being
played while
performing the
selected function.

03498.51845/4322334.1

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

The Accused Devices continue to display the indication that the music file is being played while performing the selected
function. The music file continues to play as the user performs the selected function, in this example, composes a note in
the Note application. The continuous playing of the music file is indicated by the play icon in the upper right hand corner
of the display.

8

Asserted Claim
(Patent L.R. 3-1(a))

2. The multi-tasking
method of claim 1,
wherein the displaying
of the indication
comprises displaying an
icon.

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

In the Accused Devices, the displaying of the indication comprises displaying an icon. For example, a play icon is
displayed on the home page on the upper right hand corner of the home page when a music file is playing.
See e.g., iPhone User Guide for iOS4.2 and 4.3, page 18 ("The play status icon shows that a song, audiobook, or podcast
is playing."); iPod Touch User Guide for iOS2.1 at page 15, iOS2.2 pg. 15, iOS3.0 pg 17, iOS3.1 pg. 18, iOS4.3 pg. 16
(The play icon "shows that a song, audiobook, or podcast is playing.")
The play icon is highlighted in the below representative screen shot of the home page by a red box and arrow.

03498.51845/4322334.1

9

Asserted Claim
(Patent L.R. 3-1(a))

7. The multi-tasking
method of claim 1,
wherein the function
selected from the
standby mode comprises
a message function.

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

In the Accused Devices, the function selected from the standby mode comprises a message function.
See, e.g., iPhone User Guide for iOS4.2 and 4.3, pg. 106 ("Messages lets you exchange text messages with anyone using
an SMS-capable phone or other device. Messages also supports MMS, so you can send photos, video clips, contact
information, and voice memos to other MMS-capable devices."); iPod Touch User Guide for iOS2.1 pg. 57, iOS2.2 pg.
59, iOS3.0 pg 66, iOS3.1 pg. 18, iOS4.3 pg. 90. (detailing the email capabilities of the iPod Touch).
While the music file is playing in the background, as indicated by the highlighted play icon, the user can select the
Messages application. As displayed below, the user can select to type a message in the message function while the music
continues to play in the background.

03498.51845/4322334.1

10

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))

8. The multi-tasking
method of claim 1,
wherein the function
selected from the
standby mode comprises
a phone-book function.

In the Accused Devices, the function selected from the standby mode comprises a phone-book function. For example, the
Accused Devices allow a user to store and organize their contact information in a phone-book type function.
See e.g., iPhone User Guide for iOS4.2 and 4.3, pg 213 ("Contacts makes it easy to call, email, or text your friends and
associates. You can add contacts directly on iPhone, or sync contacts from applications on your computer."); iPod Touch
User Guide for iOS4.3, pg 175 ("Contacts makes it easy to keep track of your friends and associates. You can add
contacts directly on iPod touch, or sync contacts from applications on your computer." )
The user is able to access the contact list while the music file is still playing. A representative screen shot of this
functionality is provided below. As the screen shot shows, the user can access the contact list while still playing a music
file, which is indicated by the highlighted play icon in the top right corner of the display.

03498.51845/4322334.1

11

Asserted Claim
(Patent L.R. 3-1(a))

9. A multi-tasking
apparatus in a pocketsized mobile
communication device
including an MP3
playing capability, the
multi-tasking apparatus
comprising:
[a] a controller for
generating a music
background play
object, wherein the
03498.51845/4322334.1

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

The Accused Devices are pocket-sized mobile communication devices that include an apparatus including an MP3
playing capability.
See Claim 1 (a)-(h).

The Accused Devices contain a controller for generating a music background play object.
See Claim 1 (a)-(h).
12

Asserted Claim
(Patent L.R. 3-1(a))
music background
play object includes
an application
module including at
least one applet, for
providing an
interface for music
play by the music
background play
object, for selecting
an MP3 mode in the
pocket-sized mobile
communication
device using the
interface, for
selecting and playing
a music file in the
pocket-sized mobile
communication
device in the MP3
mode, for switching
from the MP3 mode
to a standby mode
while the playing of
the music file
continues and for
selecting and
performing at least
one function of the
pocket-sized mobile
communication
device from the
standby mode while
the playing of the
03498.51845/4322334.1

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))

13

Asserted Claim
(Patent L.R. 3-1(a))
music file continues;
[b] and a display unit
for displaying an
indication that the
music file is being
played in the standby
mode and for
continuing to display
the indication that
the music file is
being played while
performing the
selected function.

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))
The Accused Devices all have a display unit for displaying an indication that a music file is being played in the
background.
See e.g., http://www.apple.com/iphone/iphone-3gs/specs.html (The iPhone 3G and 3GS has a 3.5 inch display with a 480by-320 pixel resolution.); http://www.apple.com/iphone/specs.html(The iPhone 4 has a 3.5 inch display with a 960-by640 pixel resolution.); http://www.apple.com/ipodtouch/specs.html (The iPod Touch has a 3.5 inch display with a 960-by640 pixel resolution.).
The display unit is highlighted by the red box in the picture below.

See Claim 1 [a]-[h].

03498.51845/4322334.1

14

Asserted Claim
(Patent L.R. 3-1(a))
10. The multi-tasking
apparatus of claim 9,
wherein the indication
comprises an icon.

Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(b)-(d))
See Claims 2 and 9.

15. The multi-tasking
apparatus of claim 9,
wherein the function
selected from the
standby mode comprises
a message function.

See Claims 7 and 9.

16. The multi-tasking
apparatus of claim 9,
wherein the function
selected from the
standby mode comprises
a phone-book function.

See Claims 8 and 9.

17. A multi-tasking
apparatus in a pocketsized mobile
communication device
consisting of a single
display unit and
including an MP3
playing capability, the
multi-tasking apparatus
comprising:

The Accused Devices are pocket-sized mobile communication devices that include a multi-tasking apparatus consisting of
a single display unit and including an MP3 playing capability.

03498.51845/4322334.1

See e.g., http://www.apple.com/iphone/iphone-3gs/specs.html (The iPhone 3G and 3GS has a 3.5 inch display with a 480by-320 pixel resolution.); http://www.apple.com/iphone/specs.html(The iPhone 4 has a 3.5 inch display with a 960-by640 pixel resolution.); http://www.apple.com/ipodtouch/specs.html (The iPod Touch has a 3.5 inch display with a 960-by640 pixel resolution.).
The single display is highlighted by the red box in the picture below.

15

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))

See Claim 9.
[a] a controller for
generating a music
background play
object, wherein the
music background
play object includes
an application
module including at
least one applet, for
providing an
interface for music
play by the music
03498.51845/4322334.1

See Claim 9.

16

Asserted Claim
Accused Instrumentality And How Each Element Is Met By Accused Instrumentality
(Patent L.R. 3-1(a))
(Patent L.R. 3-1(b)-(d))
background play
object, for selecting
an MP3 mode in the
pocket-sized mobile
communication
device using the
interface, for
selecting and playing
a music file in the
pocket-sized mobile
communication
device in the MP3
mode, and for
switching from the
MP3 mode to a
standby mode while
the playing of the
music file continues;
[b] and a display unit See Claim 9.
for displaying an
indication that the
music file is being
played in the standby
mode.
18. The multi-tasking
See Claims 2, 9 and 10.
apparatus of claim 17,
wherein the indication
comprises an icon.

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17