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 D
UNITED STATES PATENT NO. 6,008,737
PRELIMINARY INFRINGEMENT CONTENTIONS1
Accused Apple Products:2 Apple iPhone 3G, 3GS, and 4G , Apple iPad, Apple iPad with 3G,
Apple iPad 2, Apple iPad 2 with 3G, Apple iPod Touch
(collectively, "Apple Phones"), Apple MacBook, Apple MacBook
Pro, Apple MacBook Air, Apple iMac, Apple Mac Mini, and
Apple Mac Pro (collectively, "Apple Computers").
‘737 Patent Claim

Accused Apple Products

9. A portable communication
device in a communication
system having a fixed
portion, the portable
communication device
comprising:

Upon information and belief, Apple imports, manufactures, sells,
offers to sell, and uses the Accused Apple Products, which area
portable communication devices. Moreover, the Accused Apple
Products operate in the normal course of use in a communication
system having a fixed portion.
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.
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.
1

Exhibit D

‘737 Patent Claim

Accused Apple Products

See also e.g., Apple iPad Technical Specifications,
(www.apple.com/ipad/specs), accessed on April 12, 2011,
MOTO-APPLE-0005383110_35376:

See also, e.g., MacBook Pro 15" Core 2 Duo Model A1211
Teardown, (http://www.ifixit.com/Teardown/MacBook-Pro-15Inch-Core-2-Duo-Model-A1211-Teardown/593/1), accessed on
May 14, 2011, MOTO-APPLE-0006037953_127250:

2

Exhibit D

‘737 Patent Claim

Accused Apple Products

a processor;

Upon information and belief, the Apple Phones contain a variety
of different processors, such a an Apple A4 processor, and Apple
Computers contain a variety of different processors, such as the
2.4GHz Intel Core 2 Duo processor.
See, e.g., (http://www.apple.com/channel/iphone/iphone-4/bestbuy/design.html), accessed May 12, 2011, MOTO-APPLE0006037953_127201:

See also e.g., Apple iPad Technical Specifications,
(www.apple.com/ipad/specs), accessed on April 12, 2011,
MOTO-APPLE-0005383110_35376:

See also, e.g., MacBook Pro 15" Core 2 Duo Model A1211
Teardown, (http://www.ifixit.com/Teardown/MacBook-Pro-15Inch-Core-2-Duo-Model-A1211-Teardown/593/1), accessed on
May 14, 2011, MOTO-APPLE-0006037953_127248:
3

Exhibit D

‘737 Patent Claim

Accused Apple Products

an authorization element
Upon information and belief, the Accused Apple Products contain
coupled to the processor for an authorization element coupled to the processor for obtaining
obtaining usage authorization usage authorization for utilizing software:
for utilizing software in the
portable communication
device,

iPhone in Business: Security Overview, MOTO-APPLE0006037953_126666.
See also iPhone in Business: Digital Certificates, MOTO-APPLE0006037953_126669:

4

Exhibit D

‘737 Patent Claim

Accused Apple Products
See also id.:

See also Distributing Enterprise Apps for iOS 4 Devices,
(http://developer.apple.com/library/ios/#featuredarticles/FA_Wire
less_Enterprise_App_Distribution/Introduction/Introduction.html
), accessed on May 12, 2011, MOTO-APPLE0006037953_126598:
"Certificate Validation. The first time an application is
opened on a device, the distribution certificate is validated
by contacting Apple's OCSP server. Unless the certificate
has been revoked, the app is allowed to run. Inability to
contact or get a response from the OCSP server is not
interpreted as a revocation. To verify the status, the device
must be able to reach ocsp.apple.com. See 'Network
Configuration Requirements.'
The OCSP response is cached on the device for the period
of time specified by the OCSP server; currently between 3
and 7 days. The validity of the certificate will not be
checked again until the device has restarted and the cached
response has expired. If a revocation is received at that
time, the app will be prevented from running. Note that
revoking a distribution certificate will invalidate all of the
applications you have distributed.
An app will not run if the distribution certificate has
expired. Currently, distribution certificates are valid for
one year. A few weeks before your certificate expires
request a new distribution certificate from the Dev Center,
use it create new distribution provisioning profiles, then
recompile and distribute the updated apps to your users.
See 'Providing Updated Apps.'"
See e.g., Communications with the Apple App store.
in which the authorization Upon information and belief, the authorization element in the
5

Exhibit D

‘737 Patent Claim
element generates an
external authorization
request, and

Accused Apple Products
Accused Apple Products generates an external authorization
request. For example, the digital certificate (authorization
element) is validated by contacting an external OCSP server
(external authorization request) upon initial opening, and by a
runtime check (external authorization request) at each time of use.
See Distributing Enterprise Apps for iOS 4 Devices,
(http://developer.apple.com/library/ios/#featuredarticles/FA_Wire
less_Enterprise_App_Distribution/Introduction/Introduction.html
), accessed on May 12, 2011, MOTO-APPLE0006037953_126598:
"Certificate Validation. The first time an application is
opened on a device, the distribution certificate is validated
by contacting Apple's OCSP server. Unless the certificate
has been revoked, the app is allowed to run. Inability to
contact or get a response from the OCSP server is not
interpreted as a revocation. To verify the status, the device
must be able to reach ocsp.apple.com. See 'Network
Configuration Requirements.'
The OCSP response is cached on the device for the period
of time specified by the OCSP server; currently between 3
and 7 days. The validity of the certificate will not be
checked again until the device has restarted and the cached
response has expired. If a revocation is received at that
time, the app will be prevented from running. Note that
revoking a distribution certificate will invalidate all of the
applications you have distributed.
An app will not run if the distribution certificate has
expired. Currently, distribution certificates are valid for
one year. A few weeks before your certificate expires
request a new distribution certificate from the Dev Center,
use it create new distribution provisioning profiles, then
recompile and distribute the updated apps to your users.
See 'Providing Updated Apps.'"
See also iPhone in Business: Security Overview, MOTO-APPLE0006037953_126666:

6

Exhibit D

‘737 Patent Claim

Accused Apple Products

See also iPhone in Business: Digital Certificates, MOTO-APPLE0006037953_126669:

in which the authorization
element communicates
with the fixed portion to
obtain the usage
authorization in response
to the external
authorization request, and

Upon information and belief, the authorization element in the
Accused Apple Products communicates with the fixed portion to
obtain the usage authorization in response to the external
authorization request. For example, the digital certificate
(authorization element) is validated by contacting an external
OCSP server (communication to fixed portion to obtain usage
authorization) upon initial opening, and by a runtime check
(external authorization request) at each time of use.
See, e.g., Distributing Enterprise Apps for iOS 4 Devices,
(http://developer.apple.com/library/ios/#featuredarticles/FA_Wire
less_Enterprise_App_Distribution/Introduction/Introduction.html
), accessed on May 12, 2011, MOTO-APPLE0006037953_126598:
"Certificate Validation. The first time an application is
opened on a device, the distribution certificate is validated
by contacting Apple's OCSP server. Unless the certificate
has been revoked, the app is allowed to run. Inability to
contact or get a response from the OCSP server is not
interpreted as a revocation. To verify the status, the device
must be able to reach ocsp.apple.com. See 'Network
Configuration Requirements.'

7

Exhibit D

‘737 Patent Claim

Accused Apple Products
The OCSP response is cached on the device for the period
of time specified by the OCSP server; currently between 3
and 7 days. The validity of the certificate will not be
checked again until the device has restarted and the cached
response has expired. If a revocation is received at that
time, the app will be prevented from running. Note that
revoking a distribution certificate will invalidate all of the
applications you have distributed.
An app will not run if the distribution certificate has
expired. Currently, distribution certificates are valid for
one year. A few weeks before your certificate expires
request a new distribution certificate from the Dev Center,
use it create new distribution provisioning profiles, then
recompile and distribute the updated apps to your users.
See 'Providing Updated Apps.'"
See also iPhone in Business: Security Overview, MOTO-APPLE0006037953_126666:

See also iPhone in Business: Digital Certificates, MOTO-APPLE0006037953_126669:

in which the external
authorization request
includes at least one of: an
address identifying the

Upon information and belief, the external authorization request
includes at least one of: an address identifying the portable
communication device, a software name and a size of the
software.
8

Exhibit D

‘737 Patent Claim

Accused Apple Products

portable communication
device, a software name
For example, an X.509 digital certificate for an iPhone 4
and a size of the software; “enforces a trust policy referred to as the S/MIME policy, which
and
specifies that in order to be trusted to verify a digitally signed
email, a certificate must contain an email address that matches the
address of the sender of the email.” Security Concepts,
(http://developer.apple.com/library/ios/#documentation/Security/
Conceptual/Security_Overview/Concepts/Concepts.html),
accessed on May 13, 2011, MOTO-APPLE-0006037953_126611.
See id. at MOTO-APPLE-0006037953_126608:
"A digital certificate is a collection of data used to verify the
identity of the holder or sender of the certificate: For example, an
X.509 certificate contains such information as:
•
Version
•
Serial number
•
Certificate issuer
•
Certificate holder
•
Validity period (the certificate is not valid before or after
this period)
•
Attributes, known as certificate extension, that contain
additional information such as allowable uses for this
certificate
•
Digital signature from the certification authority to ensure
that the certificate has not been altered and to indicate the
identity of the issuer
•
Public key of the owner of the certificate
•
Message digest algorithm used to create the signature."
See also Distributing Enterprise Apps for iOS 4 Devices,
(http://developer.apple.com/library/ios/#featuredarticles/FA_Wire
less_Enterprise_App_Distribution/Introduction/Introduction.html
), accessed on May 12, 2011, MOTO-APPLE0006037953_126598:
"Certificate Validation. The first time an application is
opened on a device, the distribution certificate is validated
by contacting Apple's OCSP server. Unless the certificate
has been revoked, the app is allowed to run. Inability to
contact or get a response from the OCSP server is not
interpreted as a revocation. To verify the status, the device
must be able to reach ocsp.apple.com. See 'Network

9

Exhibit D

‘737 Patent Claim

Accused Apple Products
Configuration Requirements.'
The OCSP response is cached on the device for the period
of time specified by the OCSP server; currently between 3
and 7 days. The validity of the certificate will not be
checked again until the device has restarted and the cached
response has expired. If a revocation is received at that
time, the app will be prevented from running. Note that
revoking a distribution certificate will invalidate all of the
applications you have distributed.

An app will not run if the distribution certificate has
expired. Currently, distribution certificates are valid for
one year. A few weeks before your certificate expires
request a new distribution certificate from the Dev Center,
use it create new distribution provisioning profiles, then
recompile and distribute the updated apps to your users.
See 'Providing Updated Apps.'"
second authorization element Upon information and belief, the Accused Apple Products contain
coupled to the processor for a second authorization element coupled to the processor for
allowing utilization of the
allowing utilization of the software, in response to an
software, in response to
authorization being obtained from the fixed portion.
usage authorization being
obtained from the fixed
For example, the iPhone 4 software application is allowed to run
portion.
(second authorization element) once the digital certificate is
authorized (usage authorization obtained from fixed portion.
See, e.g., Distributing Enterprise Apps for iOS 4 Devices,
(http://developer.apple.com/library/ios/#featuredarticles/FA_Wire
less_Enterprise_App_Distribution/Introduction/Introduction.html
), accessed on May 12, 2011, MOTO-APPLE0006037953_126598:
"Certificate Validation. The first time an application is
opened on a device, the distribution certificate is validated
by contacting Apple's OCSP server. Unless the certificate
has been revoked, the app is allowed to run. Inability to
contact or get a response from the OCSP server is not
interpreted as a revocation. To verify the status, the device
must be able to reach ocsp.apple.com. See 'Network
Configuration Requirements.'
The OCSP response is cached on the device for the period
of time specified by the OCSP server; currently between 3
and 7 days. The validity of the certificate will not be
10

Exhibit D

‘737 Patent Claim

Accused Apple Products
checked again until the device has restarted and the cached
response has expired. If a revocation is received at that
time, the app will be prevented from running. Note that
revoking a distribution certificate will invalidate all of the
applications you have distributed.
An app will not run if the distribution certificate has
expired. Currently, distribution certificates are valid for
one year. A few weeks before your certificate expires
request a new distribution certificate from the Dev Center,
use it create new distribution provisioning profiles, then
recompile and distribute the updated apps to your users.
See 'Providing Updated Apps.'"

11