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 B
UNITED STATES PATENT NO. 5,754,119
SUPPLEMENTAL INFRINGEMENT CONTENTIONS1
Accused Apple Products:2 MobileMe, iCloud, Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4, Apple iPhone 4S, Apple
iPad with 3G, Apple iPad 2 with 3G, and Apple iPod Touch.
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
1. A method of
synchronizing message
information among a
plurality of transceivers
comprising the steps of:
Upon information and belief, the Accused Apple Products perform each and every step of this claim
in the course of normal use. Additionally, a user of an Accused Apple Product performs each and
every step of this claim in the course of such use. Furthermore, Apple has performed each and every
step of this claim. Apple’s MobileMe / iCloud service with an Apple iPhone practices a method of
synchronizing message information among a plurality of transceivers:
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
Mobility reserves the right to supplement this list of Accused Apple Products.
3
This chart provides Motorola’s infringement analysis for the MobileMe and / or iCloud service communicating with Apple's
accused products. In this claim chart, "Apple iPhone" refers to Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4, Apple iPhone
4S, Apple iPad with 3G, Apple iPad 2 with 3G, and Apple iPod Touch. Upon information and belief, the analysis set forth in this chart
for "Apple iPhone" applies equally to the Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4G, Apple iPad with 3G, Apple iPad 2
with 3G, and Apple iPod Touch.
1
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011, MOTOAPPLE-0006037953_127187.
See also iPhone User Guide for iPhone 0S 3.1 Software, at MOTO-APPLE-0006037953_126971:
2
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also MobileMe Help: How MobileMe synching works,
(http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm5b08c671.html), accessed on
May 17, 2011, MOTO-APPLE-0006037953_127252-53:
See also MobileMe on you iPhone or iPod touch,
(http://www.apple.com/mobileme/features/iphone.html), accessed on May 16, 2011, MOTO-APPLE0006037953_126654:
3
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also What is IMAP and Why Do We Use It,
(http://www.apple.com/mobileme/news/2008/11/what-is-imap-and-why-do-we-use-it.html), accessed
on May 5, 2011, MOTO-APPLE-0006037953_126657:
4
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also, iCloud – Calendar, Mail, and Contacts, http://www.apple.com/icloud/features/calendar-mailcontacts.html, accessed on October 27, 2011:
5
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
In addition, through its design of the Accused Apple Products, Apple also induced users of the
Accused Apple Products to infringe the '119 patent. Apple and Motorola have been in talks since
2007 regarding the licensing of Motorola's patent portfolio, and, on information and belief, in
accordance with those negotiations, Apple has reviewed said portfolio, including Motorola's '119
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 Accused Apple products. In addition, Apple instructs the users of the
Accused Apple Products to use them 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. MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127187.
6
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also, e.g. MobileMe Help: How MobileMe synching works,
(http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm5b08c671.html), accessed on
May 17, 2011, MOTO-APPLE-0006037953_127252-53:
7
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also, iCloud – Calendar, Mail, and Contacts, http://www.apple.com/icloud/features/calendar-mailcontacts.html, accessed on October 27, 2011:
Moreover, Apple also contributes to the infringement of the '119 patent by users of the device. As
8
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
indicated above, at least as early as 2007, Apple knew that offering to sell or selling the Accused
Apple Products would contribute to direct infringement of the '119 Patent. Apple knew that the
Accused Apple Products contain a specific synchronization software component, a component with no
substantial non-infringing use, that could be combined with Apple's MobileMe / iCloud service, and
that this combination, for which the two components were especially made, was both patented and
infringing. Moreover, Accused Apple Products users have, in fact, combined these components into
an infringing device. Apple further contributes to the direct infringement of the users of the Accused
Apple Products, including but not limited to by describing infringing combinations in its
advertisements, promotional materials, and user manuals. See e.g. MobileMe Features,
(http://www.apple.com/mobileme/features/), accessed on May 13, 2011, MOTO-APPLE0006037953_127187.
9
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also, e.g. MobileMe Help: How MobileMe synching works,
(http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm5b08c671.html), accessed on
May 17, 2011, MOTO-APPLE-0006037953_127252-53:
10
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also, iCloud – Calendar, Mail, and Contacts, http://www.apple.com/icloud/features/calendar-mailcontacts.html, accessed on October 27, 2011:
transmitting by a wireless
Upon information and belief, MobileMe / iCloud transmits by a wireless messaging structure a first
11
Exhibit B
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
messaging infrastructure a
first message having a first
status;
message having a first status. For example, this first message could be an email (a first message) that
has a status of the email being "Unread" (a first status). This first message could also be a calendar
event, or a contact information.
iPhone User Guide for iOS 4.2 and 4.3 Software, "Checking and Reading Email," MOTO-APPLE0006037953_126750: "When you open a mailbox, Mail retrieves and displays the most recent
messages, and shows the number of unread messages at the top of the screen. Unread messages have a
blue dot next to them . . . . If you organize messages by thread, related messages appear as a single
entry in the mailbox. Message threads have a number next to the right arrow, showing the number of
messages in the thread. A blue dot indicates that one or more messages in the thread are unread."
See MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127188:
12
Exhibit B
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
in one transceiver of the
plurality of transceivers,
changing the first status of
the first message to a second
status responsive to an input
to the one transceiver, and
transmitting a second
message indicative of the
second status;
Upon information and belief, in an Apple iPhone, (one transceiver of the plurality of transceivers),
changing changes the first status of the first message to a second status responsive to an input to the
one transceiver, and transmitting a second message indicative of the second status. The first message
could be an email, calendar appointment, or a contact.
For example, in an Apple iPhone, if the first message was an email, the from "Unread" (the first
status) to "Read" in response to the user selecting the email in the Mail.app of iOS.(an input to the one
transceiver), and transmits a second message indicative of the email's status of "Unread" (the second
status). Additionally, in an Apple iPhone, (one transceiver of the plurality of transceivers), the status
of the email changes from "Unread" (the first status) to "Deleted" in response to the user deleting the
email in the Mail.app of iOS (an input to the one transceiver), and transmits a second message
13
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
indicative of the email's status of "Deleted" (the second status):
See MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127188.
See also What is IMAP and Why Do We Use It,
(http://www.apple.com/mobileme/news/2008/11/what-is-imap-and-why-do-we-use-it.html), accessed
on May 5, 2011, MOTO-APPLE-0006037953_126657:
14
Exhibit B
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
in the wireless messaging
infrastructure, receiving the
second message, and
responsive to receiving the
second message, transmitting
a third message indicative of
the second status; and
Upon information and belief, MobileMe / iCloud’s wireless messaging infrastructure) receives the
second message, and responsive to the second message, transmits a third message indicative of the
second status.
For example, where the first message was an email, MobileMe’s IMAP server (the wireless messaging
infrastructure) receives the second message. In response to the receipt of the second message, the
IMAP server transmits a third message indicative of the email's status of "Unread" or "Deleted" (the
second status). Indeed, but for the receipt of the second message, the third message would not have
15
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
been sent. See, e.g., Apple’s Markman slides for ‘119 patent at 45-49; Markman Transcript 443:20445:9.
See MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127188.
See also MobileMe on your iPhone or iPod touch,
(http://www.apple.com/mobileme/features/iphone.html), accessed on May 16, 2011, MOTO-APPLE0006037953_126654:
16
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also iPhone User Guide for iPhone 0S 3.1 Software, at MOTO-APPLE-0006037953_126971:
See also MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127187:
17
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also What is IMAP and Why Do We Use It,
(http://www.apple.com/mobileme/news/2008/11/what-is-imap-and-why-do-we-use-it.html), accessed
on May 5, 2011, MOTO-APPLE-0006037953_126657:
18
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also, iCloud – Calendar, Mail, and Contacts, http://www.apple.com/icloud/features/calendar-mailcontacts.html, accessed on October 27, 2011:
19
Exhibit B
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
in at least one other
transceiver of the plurality of
transceivers, receiving the
third message, and
responsive to receiving the
third message, changing the
first status of the first
message to the second status.
Upon information and belief, at least one other Apple iPhone receives the third message, and
responsive to receiving the third message, changes the first status of the first message to the second
status.
For example, where the first message was an email, the first status of the email changes from
"Unread" to "Read" or "Deleted" (the second status):
20
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127188.
See also MobileMe on you iPhone or iPod touch,
(http://www.apple.com/mobileme/features/iphone.html), accessed on May 16, 2011, MOTO-APPLE0006037953_126654:
21
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also MobileMe Help: How MobileMe synching works,
(http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm5b08c671.html), accessed on
May 17, 2011, MOTO-APPLE-0006037953_127252-53:
22
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
See also Exhibit MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May
13, 2011, MOTO-APPLE-0006037953_127187:
See also What is IMAP and Why Do We Use It,
(http://www.apple.com/mobileme/news/2008/11/what-is-imap-and-why-do-we-use-it.html), accessed
23
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
on May 5, 2011, MOTO-APPLE-0006037953_126657:
See also, iCloud – Calendar, Mail, and Contacts, http://www.apple.com/icloud/features/calendar-mailcontacts.html, accessed on October 27, 2011:
24
Exhibit B
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
2. The method according to
claim 1 wherein the first
status is an unread status and
the second status is includes
read, deleted, or protected
status.
Upon information and belief, the Accused Apple Products perform each and every step of this claim
in the course of normal use. Additionally, a user of an Accused Apple Product performs each and
every step of this claim in the course of such use. Furthermore, Apple has performed each and every
step of this claim, has actively induced users to perform such steps, and has contributed to such use by
selling the accused products and providing directions for their use. Apple’s MobileMe / iCloud
service with an Apple iPhone practice a method according to claim 1 wherein the first status is an
unread status and the second status is includes read, deleted, or protected status.
As discussed above in Claim 1, MobileMe / iCloud will transmit to an Apple iPhone an email that has
a first status of "Unread."
When a user of an Apple iPhone selects or deletes a message in the Mail.App of iOS, the email's
status changes to a second status of "Read" or "Deleted."See Claim 1 contentions above.
5. A method of
synchronizing a status of a
plurality of transceivers
comprising the steps of:
Upon information and belief, the Accused Apple Products perform each and every step of this claim
in the course of normal use. Additionally, a user of an Accused Apple Product performs each and
every step of this claim in the course of such use. Furthermore, Apple has performed each and every
step of this claim. Apple’s MobileMe / iCloud service with an Apple iPhone practice a method of
25
Exhibit B
‘119 Patent Claim
Apple MobileMe / iCloud communicating with an iPhone3
Representative Apple Product:
synchronizing message information among a plurality of transceivers. See Claim 1 contentions above.
In addition, through its design of the Accused Apple Products, Apple also induced users of the
Accused Apple Products to infringe the '119 patent. Apple and Motorola have been in talks since
2007 regarding the licensing of Motorola's patent portfolio, and, on information and belief, in
accordance with those negotiations, Apple has reviewed said portfolio, including Motorola's '119
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 Accused Apple products. In addition, Apple instructs the users of the
Accused Apple Products to use them in an infringing manner, including but not limited to by
describing infringing uses in its advertisements, promotional materials, labels, and user manuals. See
Claim 1 contentions above.
Moreover, Apple also contributes to the infringement of the '119 patent by users of the device. As
indicated above, at least as early as 2007, Apple knew that offering to sell or selling the Accused
Apple Products would contribute to direct infringement of the '119 Patent. Apple knew that the
Accused Apple Products contain a specific synchronization software component, a component with no
substantial non-infringing use, that could be combined with Apple's MobileMe / iCloud service, and
that this combination, for which the two components were especially made, was both patented and
infringing. Moreover, Accused Apple Products users have, in fact, combined these components into
an infringing device. Apple further contributes to the direct infringement of the users of the Accused
Apple Products, including but not limited to by describing infringing combinations in its
advertisements, promotional materials, and user manuals. See Claim 1 contentions above.
in a first transceiver,
changing the status of the
first transceiver from a first
status to a second status as a
result of an input from a user,
and transmitting a first
message indicative of the
Upon information and belief, in a first transceiver connected to the MobileMe / iCloud network the
status of the first transceiver changes from a first status to a second status as a result of an input from a
user, and transmits a first message indicative of the second status.
For example, an Apple iPhone, (first transceiver) can, as a result of input from a user, can change the
status of email, calendar, or contact information (first status) to reflect, e.g., email deletions, new
calendar appointments, and/or new contacts (second status) and transmit a first message indicative of
26
Exhibit B
Apple MobileMe / iCloud communicating with an iPhone3
‘119 Patent Claim
Representative Apple Product:
second status;
in a wireless messaging
infrastructure, receiving the
first message, and
transmitting a second
message indicative of the
second status; and
the second status to the MobileMe / iCloud IMAP server. See Claim 1 contentions above.
Upon information and belief, MobileMe / iCloud's wireless messaging infrastructure, receives the first
message, and transmits a second message indicative of the second status.
in a second transceiver,
receiving the second
message, and changing a
status of the second
transceiver to the second
status in response thereto.
To continue the above example, MobileMe / iCloud’s IMAP server (the wireless messaging
infrastructure) receives the first message. In response to the receipt of the first message, the IMAP
server transmits a second message indicative of the second status, e.g., any email deletions, new
calendar appointments, and/or new contacts (second status). Indeed, but for the receipt of the second
message, the third message would not have been sent. See, e.g., Apple’s Markman slides for ‘119
patent at 45-49; Markman Transcript 443:20-445:9. See Claim 1 contentions above.
Upon information and belief, a second transceiver connected to the MobileMe / iCloud network
receives the second message, and changes a status of the second transceiver to the second status in
response thereto.
To continue the above example, a second Apple iPhone receives the second message transmitted by
the MobileMe / iCloud IMAP server, and in response thereto, changes the status of, e.g., any email,
calendar, or contact information to reflect any email deletions, new calendar appointments, and/or new
contacts (second status). See Claim 1 contentions above.
27
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