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 C
UNITED STATES PATENT NO. 5,958,006
PRELIMINARY INFRINGEMENT CONTENTIONS1
Accused Apple Products:2 MobileMe, Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4G, Apple iPad, Apple iPad with 3G,
Apple iPad 2, Apple iPad 2 with 3G, Apple iPod Touch, Apple MacBook, Apple MacBook Pro, Apple
MacBook Air, Apple iMac, Apple Mac Mini, and Apple Mac Pro.
‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

12. A method of
communicating data
between a first data
processing device and
a third data
processing device via
a second data

Upon information and belief, an Apple Phone in the course of normal use with MobileMe and an Apple
Computer in the course of normal use with MobileMe perform each and every step of this claim.
Additionally, a user of an Apple Phone or an Apple Computer will performs each and every step of this
claim in the course of such use.
Furthermore, Apple performs each and every step of this claim, actively induces users to perform such steps,
and contributes to such use by selling Apple Phones and Apple Computers for use with MobileMe and

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 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 Phone" refers to Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4G, Apple iPad, Apple
iPad with 3G, Apple iPad 2, Apple iPad 2 with 3G, and Apple iPod Touch; whereas "Apple Computer" refers to Apple MacBook,
Apple MacBook Pro, Apple MacBook Air, Apple iMac, Apple Mac Mini, and Apple Mac Pro. Upon information and belief, the
analysis set forth in this chart for "Apple Phone" applies equally to the Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4G,
Apple iPad, Apple iPad with 3G, Apple iPad 2, Apple iPad 2 with 3G, and Apple iPod Touch; whereas, upon information and belief,
the analysis set forth in this chart for "Apple Computer" applies equally to the Apple MacBook, Apple MacBook Pro, Apple MacBook
Air, Apple iMac, Apple Mac Mini, and Apple Mac Pro..
1

Exhibit C

‘006 Patent Claim

Representative Apple Products:

processing device,
comprising:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

providing directions for such use.
Upon information and belief, Apple Phones and Apple Computers perform a method of communicating data
between a first data processing device (MobileMe host server) and a third data processing device (Apple
Phone) via a second processing device (MobileMe communication server).

MobileMe Features, (http://www.apple.com/mobileme/features/), accessed May 13, 2011, MOTO-APPLE0006037953_127187.
2

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

See What is Mac OS X – Mail, iCal, Address Book, (http://www.apple.com/macosx/what-is-macosx/mailical-address-book.html), accessed May 14, 2011, MOTO-APPLE-0006037953_127173-74:

See also iPhone Features, (http://www.apple.com/iphone/features/mail.html), accessed on May 14, 2011,
MOTO-APPLE-0006037953_126650-50:

3

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

4

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

(a) at the second data
processing device,
controlling
communication of
qualifying and nonqualifying data units
from the first data
processing device to
the third data
processing device
including

Upon information and belief, the MobileMe communication server (second data processing device) controls
communication of non-HTML images (qualifying data units) and HTML images (non-qualifying data units)
from the MobileMe host server (first data processing device) to an Apple Phone or an Apple Computer (third
data processing device).
See Screenshot of raw data from a MobileMe indicating MobileMe is a communication server, taken on May
10, 2011, MOTO-APPLE-0006037953_127175 (highlighting added):

receiving individually Upon information and belief, the MobileMe communication server receives individually filtered data units
5

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

filtered data units
from the first data
processing device
based on at least one
user-definable filter
parameters to identify
whether a data unit is
a qualifying or nonqualifying data unit,

from the MobileMe host server (the first data processing device) based on at least whether the data unit is a
HTML image (a user-definable filter parameter) to identify whether a data unit is a qualifying or nonqualifying data unit.
When used with an Apple Phone, this is performed by the MobileMe communication server when the "load
remote images" setting is set to "off" in the Apple Phone Settings App:

6

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

Photo of Apple iPhone showing option to load remote images, taken June 29, 2010, MOTO-APPLE7

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

0006037953_127176 (arrow added).
When used with an Apple Computer, this is performed by the MobileMe communication server when (1) the
"Display remote images in HTML messages" setting is not selected in the Mail App of Apple's OS X
operating system or (2) the "Load images in HTML messages" setting is not selected in the Preferences
section of the MobileMe web application:

8

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

Screenshots of Apple Computer showing options to display images in HTML messages, taken May 12,
2011, MOTO-APPLE-0006037953_127177-78 (arrows added).
9

Exhibit C

‘006 Patent Claim

Representative Apple Products:

Apple Phone communicating over MobileMe ;
Apple Computer communicating over MobileMe3

See also MobileMe Help,
(http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm6b1a0b80.html), accessed May 5,
2011, MOTO-APPLE-0006037953_127204:

wherein for
qualifying data units,
an identifying
information part and
an additional part is
received and for nonqualifying data units,
the identifying
information part
without the additional
part is received,

Upon information and belief, for non-HTML images (qualifying data units), the date, subject, sender, etc.
( identifying information parts) and the non-HTML images in the email content (the additional part) is
received by MobileMe's communication server.
For HTML images (non-qualifying data units), the date, subject, sender, etc. (the identifying information
parts) without the HTML images (the additional part) are received:

MobileMe Help, (http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm6b1a0b80.html),
accessed May 5, 2011, MOTO-APPLE-0006037953_127204.

10

Exhibit C

and providing the
third data processing
device with the
identifying
information part and
the additional part for
qualifying data units
and providing the
third data processing
device with the
identifying
information part
without the additional
part for nonqualifying data units.

Upon information and belief, MobileMe's communication server provides an Apple Phone and/or an Apple
Computer (the third data processing device) with the date, subject, sender, etc. (the identifying information
part) and the non-HTML images in the email content (the additional part) for qualifying data units and
provides the Apple Phone and/or an Apple Computer with the identifying information part without the
HTML images (the additional part) for non-qualifying data units.
See MobileMe Help, (http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm6b1a0b80.html),
accessed May 5, 2011, MOTO-APPLE-0006037953_127204:

See also Picture of the iPhone showing identifying information (including location in the email) about the
.html that was not sent from the MobileMe service to an Apple Phone, taken May 12, 2011, MOTO-APPLE0006037953_127179 (arrows added); Picture of an Apple Computer showing identifying information
(including location in the email) about the .html that was not sent from the MobileMe service to an Apple
Computer via the Mail.App in OS X, taken May 12, 2011, MOTO-APPLE-0006037953_127180 (arrows
added); Picture of an Apple Computer showing identifying information (including location in the email)
about the .html that was not sent from the MobileMe service to an Apple Computer via the MobileMe web
application, taken May 12, 2011, MOTO-APPLE-0006037953_127181 (arrows added):

11

Exhibit C

Apple iPhone

Apple Computer via Mail.App

12

Exhibit C

Apple Computer via MobileMe web application

26. A controller of a
communication unit
adapted for
requesting data over a
wireless
communication
channel from a
further data
processing host via a
communication
server, the controller
comprising:

Upon information and belief, Apple sells, offers for sale, manufactures, imports, and uses Apple Phones and
Apple Computers, and Apple induces its customers to purchase and use Apple Phones and Apple Computers,
which contain a controller and are communication units adapted for requesting data over a wireless
communication channel from a further data processing host via a communication server, e.g., the MobileMe
communication server.
See Screenshot of raw data from a MobileMe indicating MobileMe is a communication server, taken on May
10, 2011, MOTO-APPLE-0006037953_127175 (highlighting added):

13

Exhibit C

Apple Phones and Apple Computers (communication unit) include a controller adapted for requesting data
over a wireless communication channel from the MobileMe host via the MobileMe communications server.
See also What is IMAP and Why Do We Use It?, (http://www.apple.com/mobileme/news/2008/11/what-isimap-and-why-do-we-use-it.html), accessed May 13, 2011, MOTO-APPLE-0006037953_126673:

14

Exhibit C

See also MobileMe Features, (http://www.apple.com/mobileme/features/), accessed May 13, 2011, MOTOAPPLE-0006037953_127187:

15

Exhibit C

(a) a summary store
to store identifying
information received
from the host via the
communications
server about data
units not sent from
the host to the
communication unit
and not received at

Upon information and belief, Apple Phones and/or Apple Computers contain a summary store that stores the
date, subject, sender, etc. (the identifying information) received from host (e.g., MobileMe's host server) via
MobileMe's communication server about HTML images (the data units not sent from the host) to the Apple
Phone and/or Apple Computer (the communication unit) and not received by the Apple Phone and/or Apple
Computer .
See also Picture of the iPhone showing identifying information (including location in the email) about the
.html that was not sent from the MobileMe service to an Apple Phone, taken May 12, 2011, MOTO-APPLE0006037953_127179 (arrows added); Picture of an Apple Computer showing identifying information
(including location in the email) about the .html that was not sent from the MobileMe service to an Apple
16

Exhibit C
the communication
unit.

Computer via the Mail.App in OS X, taken May 12, 2011, MOTO-APPLE-0006037953_127180 (arrows
added); Picture of an Apple Computer showing identifying information (including location in the email)
about the .html that was not sent from the MobileMe service to an Apple Computer via the MobileMe web
application, taken May 12, 2011, MOTO-APPLE-0006037953_127181 (arrows added):
Apple Phone

Apple Computer via Mail.App

17

Exhibit C

Apple Computer via MobileMe web application

See also Photo of iPhone showing HTML images after being downloaded from the MobileMe infrastructure,
taken June 29, 2010, MOTO-APPLE-0006037953_127182:

18

Exhibit C

wherein said data
units are individually
filtered prior to
reception at the
communication unit,
based upon user
definable filter
parameters.

Upon information and belief, said HTML images (data units) are individually filtered prior to reception at
the Apple Phone and/or Apple Computer (the communication unit), based upon whether the end user has
chosen to not receive HTML images (the user definable filter parameters).
Upon information and belief, for an Apple Phone, this is performed when the "load remote images" setting is
set to "off" in the Apple Phone Settings App:

19

Exhibit C

Photo of Apple iPhone showing option to load remote images, taken June 29, 2010, MOTO-APPLE0006037953_127176 (arrow added).
Upon information and belief, on an Apple computer, this is performed when (1) the "Display remote images
in HTML messages" setting is not selected in the Mail.App of Apple's OS X operating system or (2) the
20

Exhibit C
"Load images in HTML messages" setting is not selected in the Preferences section of the MobileMe web
application:

See Screenshots of Apple Computer showing options to display images in HTML messages, taken May 12,
2011, MOTO-APPLE-0006037953_127177-78 (arrows added).
21

Exhibit C
See also MobileMe Help,
(http://docs.info.apple.com/article.html?path=MobileMe/Help/en/mm6b1a0b80.html), accessed May 5,
2011, MOTO-APPLE-0006037953_127204:

22