Motorola Mobility, Inc. v. Apple, Inc.

Filing 162

NOTICE by Apple, Inc. Defendant and Counterclaim-Plaintiff Apple Inc.'s Response to the Court's October 24, 2011 Order and Notice of Filing of Motorola's May 13, 2011 Infringement Contentions (Attachments: # 1 Exhibit Motorola's Preliminary Infringement Contentions, # 2 Exhibit A - Motorola's Preliminary Infringement Contentions, # 3 Exhibit B - Motorola's Preliminary Infringement Contentions, # 4 Exhibit C - Motorola's Preliminary Infringement Contentions, # 5 Exhibit D - Motorola's Preliminary Infringement Contentions, # 6 Exhibit E - Motorola's Preliminary Infringement Contentions, # 7 Exhibit F - Motorola's Preliminary Infringement Contentions)(Pace, Christopher)

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

Apple iPhone 4

‘987 Patent
Claim

Apple iPhone 4

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. 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.
1

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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

a housing;

Upon information and belief, the Apple iPhone 4 contains a housing .

2

Exhibit A

‘987 Patent
Claim

Apple iPhone 4
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):

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):

3

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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

4

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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):

5

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

6

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

7

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

Receiver Circuitry

Receiver Circuitry

8

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

9

Exhibit A

‘987 Patent
Claim

Apple iPhone 4
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.
See, e.g., iPhone Design, (http://www.apple.com/iphone/design/), accessed on May 12, 2011, MOTO-APPLE10

Exhibit A

‘987 Patent
Claim

Apple iPhone 4
0006037953_126949:

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

11

Exhibit A

‘987 Patent
Claim

Apple iPhone 4
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
portion of the user

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:

12

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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):

13

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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

14

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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:

15

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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.

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:
16

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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):

17

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

18

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

19

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

20

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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):

21

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

22

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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
23

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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):

24

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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):

25

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

26

Exhibit A

‘987 Patent
Claim

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

27

Exhibit A

‘987 Patent
Claim

Apple iPhone 4
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:

28

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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:

a substantially
planar and
detachable cover,
attached to the
outside,
nonconductive
surface of the
housing, for
concealing the
antenna between

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,
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
29

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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

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.:

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.
30

Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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:

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Exhibit A

‘987 Patent
Claim

Apple iPhone 4

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