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 B
UNITED STATES PATENT NO. 5,754,119
PRELIMINARY INFRINGEMENT CONTENTIONS1
Accused Apple Products:2 MobileMe, Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4G, Apple iPad with 3G, Apple iPad 2
with 3G, and Apple iPod Touch.
Apple MobileMe 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, 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 service with an
Apple iPhone practice 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. 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

This list of Accused Apple Products was created based on publicly available information. Motorola Mobility reserves the right to
supplement this list of Accused Apple Products.
3

This chart provides Motorola’s preliminary infringement analysis for the MobileMe service communicating with Apple's accused
products. In this claim chart, "Apple iPhone" refers to Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4G, 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 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 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 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
Apple MobileMe communicating with an iPhone3

‘119 Patent Claim

Representative Apple Product:

transmitting by a wireless
messaging infrastructure a
first message having a first
status;

Upon information and belief, MobileMe transmits by a wireless messaging structure a first 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
5

Exhibit B

‘119 Patent Claim

Apple MobileMe communicating with an iPhone3

Representative Apple Product:

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:

6

Exhibit B
Apple MobileMe 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
7

Exhibit B

‘119 Patent Claim

Apple MobileMe 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:

8

Exhibit B
Apple MobileMe 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’s wireless messaging infrastructure) receives the second
message, and responsive to the second message, transmits a third message indicative of the the second
status.
For example, where the first message was an email, MobileMe’s communications server (the wireless
messaging infrastructure) receives the second message, and responsive to the second message,
transmits a third message indicative of the email's status of "Unread" or "Deleted" (the second status).

9

Exhibit B

‘119 Patent Claim

Apple MobileMe 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 your iPhone or iPod touch,
(http://www.apple.com/mobileme/features/iphone.html), accessed on May 16, 2011, MOTO-APPLE0006037953_126654:

10

Exhibit B

‘119 Patent Claim

Apple MobileMe 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:

11

Exhibit B

‘119 Patent Claim

Apple MobileMe 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:

12

Exhibit B
Apple MobileMe 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):

13

Exhibit B

‘119 Patent Claim

Apple MobileMe 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:

14

Exhibit B

‘119 Patent Claim

Apple MobileMe 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:

15

Exhibit B

‘119 Patent Claim

Apple MobileMe 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
16

Exhibit B

‘119 Patent Claim

Apple MobileMe communicating with an iPhone3

Representative Apple Product:

on May 5, 2011, MOTO-APPLE-0006037953_126657:

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 service with an
Apple iPhone practice a method according to claim 1 wherein the first status is an unread status and
17

Exhibit B

‘119 Patent Claim

Apple MobileMe communicating with an iPhone3

Representative Apple Product:

the second status is includes read, deleted, or protected status.
As discussed above in Claim 1, MobileMe 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, 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 service with an
Apple iPhone practice a method of synchronizing message information among a plurality of
transceivers. 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
second status;
in a wireless messaging
infrastructure, receiving the
first message, and
transmitting a second
message indicative of the
second status; and

Upon information and belief, in a first transceiver connected to the MobileMe 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
the second status to the MobileMe communication server. See Claim 1 contentions above.
Upon information and belief, MobileMe's wireless messaging infrastructure, receives the first
message, and transmits a second message indicative of the second status.
To continue the above example, the MobileMe communication server (the wireless messaging
infrastructure) receives the first message transmitted by an Apple iPhone and transmits a second
message to a second Apple iPhone that is , indicative of the second status, e.g., any email deletions,
new calendar appointments, and/or new contacts (second status). See Claim 1 contentions above.
18

Exhibit B
Apple MobileMe communicating with an iPhone3

‘119 Patent Claim

Representative Apple Product:

in a second transceiver,
receiving the second
message, and changing a
status of the second
transceiver to the second
status in response thereto.

Upon information and belief, a second transceiver connected to the MobileMe 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 communication 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.

19