Motorola Mobility, Inc. v. Apple, Inc.

Filing 160

NOTICE by Motorola Mobility, Inc. of Filing Supplemental Infringement Contentions (Attachments: # 1 Exhibit Supplemental Infringement Contentions, # 2 Exhibit 1-A, # 3 Exhibit 1-B, # 4 Exhibit 1-C, # 5 Exhibit 1-D, # 6 Exhibit 1-E, # 7 Exhibit 1-F, # 8 Exhibit 2, # 9 Exhibit 3)(Giuliano, Douglas)

Exhibit A
UNITED STATES PATENT NO. 5,710,987
SUPPLEMENTAL INFRINGEMENT CONTENTIONS1
Accused Apple Product2:

Apple iPhone 4, Apple iPhone 4S.

‘987 Patent
Claim

Apple iPhone 43

13. A receiver
including a user
interface
comprising:

Upon information and belief, Apple imports, manufactures, sells, offers to sell, and uses the Apple iPhone 4,
which includes a receiver and several user interfaces, including a touch-screen display , volume control buttons ,
and speaker.
See, e.g., iPhone 4 Technical Specifications, (http://www.apple.com/iphone/specs.html), accessed on May 12,
2011, MOTO-APPLE-0006037953_126659:

1

Motorola Mobility's investigation is ongoing and discovery and claim construction are not yet complete. Apple has, thus far,
produced neither all documents relevant to the accused methods and products, nor the requested Rule 30(b)(6) witnesses. Mobility
reserves the right to supplement or amend these contentions with contentions arising under the doctrine of equivalents in response to
any proposed or ordered claim construction, subsequent discovery response or production, or subsequent disclosure made pursuant to
FRCP 26.
2

Motorola reserves the right to supplement this list of Accused Apple Products.

3

This chart provides Motorola’s infringement analysis for the Accused Apple Products. Upon information and belief, the analysis
set forth in this chart for the Apple iPhone 4 applies equally to the Apple iPhone 4S.
1

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See also iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126949-50:

2

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

a housing;

Upon information and belief, the Apple iPhone 4 contains a housing .
See e.g., iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/2), accessed on May 13,
2011, MOTO-APPLE-0006037953_127193 (arrows and labels added):

3

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See e.g., iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/1), accessed on May 13,
2011, MOTO-APPLE-0006037953_127208 (arrows and labels added):

4

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See also iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126952:

5

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

receiver circuitry
disposed in the
housing; and

Upon information and belief, the Apple iPhone 4 has receiver circuitry disposed in the housing.
See, e.g., iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/2), accessed on May 13,
2011, MOTO-APPLE-0006037953_127192-94 (arrows and labels added):

6

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

7

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

8

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

Receiver Circuitry

Receiver Circuitry

9

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

10

Exhibit A

‘987 Patent
Claim

Apple iPhone 43
See also iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/1), accessed on May 13,
2011, MOTO-APPLE-0006037953_127208 (arrows and labels added):

an antenna
Upon information and belief, the Apple iPhone 4 contains a cellular antenna and a Wi-Fi and Bluetooth antenna,
coupled to the
each of which is coupled to the receiver circuitry. The stainless steel band on the outside of the iPhone 4 is
receiver circuitry; coupled to and is part of both of the iPhone 4 antennas.

11

Exhibit A

‘987 Patent
Claim

Apple iPhone 43
See, e.g., iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126949:

See also iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/2), accessed on May 13,
2011, MOTO-APPLE-0006037953_127193:

12

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See also Image of iPhone 4 Antenna, (http://fortunebrainstormtech.files.wordpress.com/2010/06/iphone-4antennas.jpg), accessed on May 13, 2011, MOTO-APPLE-0006037953_127191:

wherein the
antenna forms a
loop surrounding
at least a portion
of the user
interface and is
disposed between
an outside surface
of the housing
and the at least a

Upon information and belief, the antenna in the iPhone 4 forms a loop that surrounds a portion of the user
interface. and is disposed between an outside surface of the housing and the at least a portion of the user interface.
Specifically, the iPhone 4 stainless steel band (the antenna) forms a loop surrounding the volume buttons, the
speaker, and the touch-screen interface (each of which is a user interface).
See, e.g., Image of iPhone 4 Antenna, (http://fortunebrainstormtech.files.wordpress.com/2010/06/iphone-4antennas.jpg), accessed on May 13, 2011, MOTO-APPLE-0006037953_127191:

13

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

portion of the user
interface.

In addition, the stainless steel band is disposed between the outside surface of the aluminosilicate glass screen (part
of the housing that contains the receiver circuitry) and (1) the volume buttons and (2) the speakers (user
interfaces).
See also iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126951 (arrows and labels added):

14

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See also iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126949:

15

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See also (at 745-Apple11543563): "The iPhone 4 antenna is an exterior antenna which doesn't use internal space
so we can add more battery in the phone and give it a longer battery life and there's some other advantages as
well."

14. A receiver
according to
claim 13 wherein
the user interface
further comprises
at least one of the
following: an
acoustic, a visual
and tactile
interface.

Upon information and belief, the iPhone 4 receiver has visual (a touch-screen display), acoustic (speakers), and
tactile (volume control buttons)user interfaces.
See, e.g., iPhone 4 Technical Specifications, (http://www.apple.com/iphone/specs.html), accessed on May 12,
2011, MOTO-APPLE-0006037953_126659:

16

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See also iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126949-50:

17. A receiver
comprising:

Upon information and belief, Apple imports, manufactures, sells, offers to sell, and uses the Apple iPhone 4,
which includes a receiver. For example, the iPhone 4 receives, among other things, telephone calls and text
messages.
In addition, through its design of the Apple iPhone 4, Apple also induced users of the Apple iPhone 4 to infringe
the '987 patent. Apple and Motorola have been in talks since 2007 regarding the licensing of Motorola's patent
17

Exhibit A

‘987 Patent
Claim

Apple iPhone 43
portfolio, and, on information and belief, in accordance with those negotiations, Apple has reviewed said portfolio,
including Motorola's '987 Patent. Thus, at least as early as 2007, Apple knew or should have known its actions
would induce actual infringement and possessed specific intent to encourage its customers' direct infringement
through the design of the Apple iPhone 4. In addition, Apple instructs the users of the Apple iPhone 4 to use it in
an infringing manner, including but not limited to by describing infringing uses in its advertisements, promotional
materials, labels, and user manuals. See, e.g., Apple iPhone Bumper – Pink,
(http://store.apple.com/us/product/APPLE_IPHONE_BUMPERS-104238?mco=MTM3NjU0NTk), accessed on
May 9, 2011, MOTO-APPLE-0006037953_127202: “Fits all iPhone 4 models for both AT&T and Verizon.” See
also id.:

18

Exhibit A

‘987 Patent
Claim

Apple iPhone 43
Moreover, through its design of the Apple iPhone 4, Apple also contributes to the infringement of the '987 patent
by users of the device. As indicated above, at least as early as 2007, Apple knew that offering to sell or selling the
Apple iPhone 4 and the Apple iPhone 4 bumper would contribute to direct infringement of the '987 Patent. Apple
knew that the iPhone 4 bumper, a component with no substantial non-infringing use, could be combined with the
Apple iPhone 4, and that this combination, for which the two components were especially made, was both patented
and infringing. Moreover, Apple iPhone 4 users have, in fact, combined these components into an infringing
device. Apple further contributes to the direct infringement of the users of the Apple iPhone 4, including but not
limited to by describing infringing combinations in its advertisements, promotional materials, and user manuals.
See, e.g., Apple iPhone Bumper – Pink, (http://store.apple.com/us/product/APPLE_IPHONE_BUMPERS104238?mco=MTM3NjU0NTk), accessed on May 9, 2011, MOTO-APPLE-0006037953_127202: “Fits all
iPhone 4 models for both AT&T and Verizon.” See also id.:

19

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

receiver circuitry; Upon information and belief, the Apple iPhone 4 has receiver circuitry. For instance, the iPhone contains a logic
board containing, among other things:

20

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/2), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127192-94 9 (arrows and labels added):

21

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

22

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

23

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

24

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

a housing
Upon information and belief, the Apple iPhone 4 has a housing, comprised of at least the frame to the inside of the
substantially
stainless steel band surrounding the iPhone and the non-conductive portion of the aluminosilicate glass screen,
enclosing the
substantially enclosing the receiver circuitry.
receiver circuitry;
See, e.g., iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/1), accessed on May 13,
2011, MOTO-APPLE-0006037953_127208-10 (arrows and labels added):

25

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

26

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

an
electromagnetic
shield, disposed

Upon information and belief, the Apple iPhone 4 contains an electromagnetic shield within the housing (comprised
of the metal structure inside of the stainless steel band and the aluminosilicate glass covering the front of the
iPhone 4) that at least partially covers the receiver circuitry. The electromagnetic shield is formed of an
27

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

in the housing and
at least partially
covering the
receiver circuitry,
formed of an
electrically
conductive,
electromagnetic
wave-absorbing
material for
absorbing
electromagnetic
energy radiated
by or towards the
receiver circuitry;

electrically conductive, electromagnetic wave-absorbing material for absorbing electromagnetic energy radiated by
or towards the receiver circuitry.
See, e.g., iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/2), accessed on May 13,
2011, MOTO-APPLE-0006037953_127193-94 (arrows, labels, and highlighting added):

28

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

an antenna
coupled to the
receiver circuitry,
carried on an
outside,
nonconductive
surface of the
housing and
disposed outside
the
electromagnetic
shield; and

Upon information and belief, both Apple iPhone 4 antennas are coupled to the receiver circuitry, and the stainless
steel band portion of the antennas is carried on an outside, nonconductive surface of the housing, including at least
the non-conductive portion of the aluminosilicate glass screen
See e.g., iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126953 (arrows and labels added):

29

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

30

Exhibit A

‘987 Patent
Claim

Apple iPhone 43
See also iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/1), accessed on May 13,
2011, MOTO-APPLE-0006037953_127209-10:

31

Exhibit A

‘987 Patent
Claim

Apple iPhone 43
Moreover, at least the stainless steel band portion of the antennas are disposed outside of the electromagnetic
shield.
See, e.g., iPhone Teardown, (http://www.ifixit.com/Teardown/iPhone-4-Teardown/3130/2), accessed on May 13,
2011, MOTO-APPLE-0006037953_127193:

See, e.g., iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE0006037953_126949:

32

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

See, e.g., Image of iPhone 4 Antenna, (http://fortunebrainstormtech.files.wordpress.com/2010/06/iphone-4antennas.jpg), accessed on May 13, 2011, MOTO-APPLE-0006037953_127191:

See also (at 745-Apple11543563): "The iPhone 4 antenna is an exterior antenna which doesn't use internal space
so we can add more battery in the phone and give it a longer battery life and there's some other advantages as
well."
a substantially
planar and
detachable cover,
attached to the
outside,
nonconductive

Upon information and belief, Apple manufactures, imports, sells, offers to sell, and uses the iPhone 4 “bumper.”
The iPhone 4 bumper is a substantially planar and detachable cover. The iPhone 4 bumper is designed to be
attached to the outside, non-conductive portion of the aluminosilicate glass screen (part of the housing) that covers
the front of the iPhone 4.
The iPhone 4 bumper conceals the stainless steel band portion of the antennas between the bumper and the outside,
33

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

surface of the
housing, for
concealing the
antenna between
the cover and the
outside,
nonconductive
surface of the
housing such that
the antenna is
unnoticeable to a
user of the
receiver.

nonconductive surface of the housing (the non-conductive portion of the aluminosilicate glass display) such that
the antenna is unnoticeable to a user of the receiver.
Apple instructs its customers to attach the iPhone 4 bumper to the outside, nonconductive portion of the
aluminosilicate glass display, for concealing the antennas between the bumper and the outside, nonconductive
portion of the aluminosilicate glass display.
See, e.g., Apple iPhone Bumper – Pink, (http://store.apple.com/us/product/APPLE_IPHONE_BUMPERS104238?mco=MTM3NjU0NTk), accessed on May 9, 2011, MOTO-APPLE-0006037953_127202: “Fits all
iPhone 4 models for both AT&T and Verizon.” See also id.:

34

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

The iPhone 4 bumper is designed specifically for the iPhone 4 and will not fit any other phone. See, e.g,. id.
“Important note: iPhone 4 Bumpers are compatible only with iPhone 4. They will not work with any other iPhone
model.” There is no substantial non-infringing use for the iPhone 4 bumper.
See also Antennagate Article, (http://www.msnbc.msn.com/id/38263228/ns/technology_and_sciencewireless/t/apple-gives-free-bumpers-all-iphone-owners/), accessed on May 12, 2011, MOTO-APPLE0006037953_126955:

35

Exhibit A

‘987 Patent
Claim

Apple iPhone 43

36