Motorola Mobility, Inc. v. Apple, Inc.

Filing 185

RESPONSE in Opposition re 178 MOTION to Strike Motorola's Supplemental Infringement Contentions filed by Motorola Mobility, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14)(Giuliano, Douglas)

Download PDF
EXHIBIT 5 Exhibit B – U.S. Patent No. 6,493,002 Motorola directly and/or indirectly infringes at least claims 1, 21, and 46 of the ’002 patent, either literally or through the doctrine of equivalents. Motorola’s infringing products include mobile devices such as smartphones and tablet computers, including but not limited to the: Atrix, Bravo, Cliq, Cliq XT, Cliq 2, Charm, Defy, Devour, BackFlip, Droid, Droid 2, Droid 2 Global, Droid X, Droid Pro, Flipout, Flipside, i1, and Xoom (collectively, “the ’002 Accused Products”).1 For the purposes of this analysis, Apple will examine a representative mobile device, Motorola’s Droid X, which operates with the Android 2.1 Platform. All other Accused Products meet the limitations of the asserted claims on the same bases as indicated for the Droid X unless otherwise stated. In addition to Motorola’s direct infringement of the claims of the ’002 patent through its development, testing, manufacture and use of its devices, Motorola also indirectly infringes claim 21 of the ’002 patent. Manufacturers, retailers, distributors, end-users and others in the distribution channel of the ’002 Accused Products directly infringe these claims by using, selling, offering for sale, and/or importing these devices into the United States. Motorola contributes to and induces the infringement of asserted claim 21 through its promotion and provision of intentional marketing, sale and/or technical support of the ’002 Accused Products and associated specialized components in the United States, and through the intentional design, marketing, manufacture, sale, and/or technical support of the ’002 Accused Products abroad to induce direct infringement in the United States. Motorola supplies ’002 Accused Products and actively encourages the use, sale, offer for sale, and importation of the same in the United States through the promotion and provision of marketing literature and user guides, which induces and results in direct infringement. See, e.g., Motorola Droid X User Guide (WI-Apple0034078-34145). Upon information and belief, Motorola has known or should have known that these actions would cause direct infringement of the ’002 patent and did so with specific intent to encourage direct infringement. Additionally, the ’002 Accused Products have no substantial non-infringing uses. These infringement contentions are preliminary and based only on publicly available information as to the ’002 Accused Products. Motorola has not yet provided discovery as to its Accused Products and in addition Apple’s investigation of Motorola’s infringement is ongoing. Based on discovery and Apples continued investigations Apple reserves the right to amend these contentions to identify additional bases for infringement and additional ’002 Accused Products., including products that Motorola may introduce in the future. Accordingly, Apple reserves its right to amend these contentions as discovery and its investigation proceeds. 1 Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’002 Patent. Apple reserves the right to supplement this analysis and this list of accused products as discovery into these newly announced products progresses. U.S. Patent No. 6,493,002 1. An interactive computer-controlled display system comprising: a processor; Infringement Contentions The ’002 Accused Products comprise interactive computer-controlled display systems, each of which include a processor. • As one example, the Droid X includes an interactive computer-controlled display system including a processor. Exh. B-1 [Droid X User’s Guide] at 2. a data display screen coupled to the processor; The ’002 Accused Products include a data display screen coupled to the processor. • As one example, the Droid X includes a touchscreen display coupled to the processor for displaying data. 2 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 2. a cursor control device coupled to said processor for positioning a cursor on said data display screen; The ’002 Accused Products include a cursor control device coupled to said processor for positioning a cursor on said data display screen. • As one example, the Droid X includes a touchscreen circuitry that detects the location where a user is touching the display screen in order to indicate to the processor where to place a cursor on the display screen. 3 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 2. a window generation and control logic coupled to the processor and data display screen to create an operating environment for a plurality of individual programming modules associated with different application programs that provide status and/or control functions, The ’002 Accused Products include window generation and control logic coupled to the processor and data display screen to create an operating environment for a plurality of individual programming modules associated with different application programs that provide status and/or control functions. • As one example, the Android operating system software as implemented on the Droid X allows for the operation of a plurality of individual programming modules associated with different application programs that provide status and/or control functions. These different application programs can include a phone application, a map application, and a messaging application. Exh. B-1 [Droid X User’s Guide] at 10; 31; 39. 4 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 7. • One example of an application program that provides control information is the phone application, which instructs the Droid X to perform phone functions including making and answering calls. Exh. B-1 [Droid X User’s Guide] at 1011. 5 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 10. • wherein the window generation and control logic generates and displays a first window region having a plurality of display areas on said data display screen, One example of an application that provides status functions is the voicemail application, which indicates, for example, that a new voicemail has been received. For the ’002 Accused Products, the window generation and control logic generates and displays a first window region having a plurality of display areas on said data display screen. • As one example, the Android operating system software as implemented on the Droid X generates a phone status and notifications window (“Notification Window”) having a plurality of display areas. 6 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • wherein the first window region is independently displayed and independently active of any application program, and In the above reproduced image of the Notification Window for the Droid X, the display areas on the Notifications Window of the Droid X each include a display area indicating the reception of a “new email” and a display area indication the reception of a “new voicemail.” For the ’002 Accused Products, the first window region is independently displayed and independently active of any application program. 7 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • • wherein each of the plurality of display areas is associated with one of the plurality of individual programming modules, In the above reproduced image of the Notification Window for the Droid X, the Notification Window is displayed and active independent of whatever application program was displayed when the Notification Window was dragged open by the user. Id. The Notification Window is independent of the application programs. It receives messages passed from applications requesting the display of a notification in the form of “Intent” messages. Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. For the ’002 Accused Products, each of the plurality of display areas is associated with one of the plurality of individual programming modules. • As one example, the display areas within the Notification Window generated by the Android operating system software as implemented on the Droid X are each associated with an individual programming module. . Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, the display areas are each associated with one of the programming module. Id. For 8 U.S. Patent No. 6,493,002 Infringement Contentions example, the display area for the “new email” notification is associated with an email programming module and the “new voicemail” notification is associated with a voicemail module. Id. the first window region and the plurality of independent display areas implemented in a window layer that appears on top of application programming windows that may be generated; and For the ’002 Accused Products, the first window region and the plurality of independent display areas implemented in a window layer that appears on top of application programming windows that may be generated. Exh. B-1 [Droid X User’s Guide] at 9. • an indicia generation logic coupled to the data display screen to execute at least one of the plurality of individual programming modules to generate information for display in one of the plurality of display In the above reproduced image of the Notification Window for the Droid X, the Notification Window shown being pulled down by a user over whichever application was previously active. Id. The Notification Window, including its display areas, is implemented on a window layer on top of whichever application program was displayed when the Notification Window is opened by the user. Id. The ’002 Accused Products include indicia generation logic coupled to the data display screen to execute at least one of the plurality of individual programming modules to generate information for display in one of the plurality of display areas in the first window region. 9 U.S. Patent No. 6,493,002 Infringement Contentions areas in the first window region, Exh. B-1 [Droid X User’s Guide] at 9. • wherein at least one of the plurality of display areas and its associated programming module is sensitive to user input, and In the above reproduced image of the Notification Window for the Droid X, the Android operating system software generates indicia, which are displayed in each of the display areas by executing a programming module corresponding to the indicia. For example, the “new email” display area includes indicia resulting from executing an email module. The indicia for the “new email” display area include a textual indication of the new email as well as an icon. A second example is shown in the “new voicemail” display area, which includes indicia resulting from executing a voicemail module. Id. The indicia for the “new voicemail” display area include a textual indication of the new voicemail as well as an icon. For the ’002 Accused Products at least one of the plurality of display areas and its associated programming module is sensitive to user input. 10 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, one of the indicia can be selected based on a touch-based indication from a user. • Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. The selection results in a message called an “intent” that is sent to the programming module responsible for generating a display of that indicia. For example, if a user touches the “new email” indicia, an intent will be sent to an email programming module and if a user touches the “new voicemail” indicia, an intent will be sent to a voicemail programming module. Exh. B-1 [Droid X User’s 11 U.S. Patent No. 6,493,002 Infringement Contentions Guide] at 9; Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. further wherein the window generation and control logic and the indicia generation logic use message-based communication to exchange information to coordinate activities of the indicia generation logic to enable interactive display activity. For the ’002 Accused Products the window generation and control logic and the indicia generation logic use message-based communication to exchange information to coordinate activities of the indicia generation logic to enable interactive display activity. • Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. The window generation and control logic and indicia generation logic of the Android operating system software use messages called “intents” to exchange information to provide interactive display activity. For example, if a user touches the “new email” indicia, an intent will be sent to an email programming module and if a user touches the “new voicemail” indicia, an intent will be sent to a voicemail programming module. Exh. B-1 [Droid X User’s Guide] at 9; Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. 21. A method for generating control information comprising: The ’002 Accused Products perform methods for generating control information. creating an operating environment for a plurality of individual programming The ’002 Accused Products create an operating environment for a plurality of individual programming modules associated with different application programs that provide status • As one example, the Droid X includes the Android 2.1 operating system software. The Android operating system software included on the Droid X generates control information for controlling the operation of the Droid X. 12 U.S. Patent No. 6,493,002 modules associated with different application programs that provide status and/or control functions; Infringement Contentions and/or control functions. • As one example, the Android operating system software as implemented on the Droid X allows for the operation of a plurality of individual programming modules associated with different application programs that provide status and/or control functions. These different application programs can include a phone application, a map application, and a messaging application. Exh. B-1 [Droid X User’s Guide] at 10; 31; 39. Exh. B-1 [Droid X User’s Guide] at 7. • One example of an application program that provides control information is the phone application, which instructs the Droid X to perform phone functions including making and answering calls. Exh. B-1 [Droid X User’s Guide] at 1011. 13 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 10. • One example of an application that provides status functions is the voicemail application, which indicates, for example, that a new voicemail has been received. 14 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • generating a first window sized to accommodate a plurality of display areas for indicia resulting from executing at least one of the plurality of individual programming modules, A second example of an application that provides status functions is the email application, which indicates, for example, that a new email has been received. Exh. B-1 [Droid X User’s Guide] at 9. The Accused ’002 Products generate a first window sized to accommodate a plurality of display areas for indicia resulting from executing at least one of the plurality of individual programming modules, • As one example, the Android operating system software as implemented on the Droid X generates a phone status and notifications window (“Notification Window”) that is sized to accommodate a plurality of display areas. 15 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • • wherein each of the plurality of display areas is associated with one of the plurality of individual programming modules, and In the above reproduced image of the Notification Window for the Droid X, the display areas on the Notifications Window of the Droid X each include an indicia that results from executing a programming module. Id. For example, the “new email” display area includes indicia resulting from executing an email module. The indicia for the “new email” display area include a textual indication of the new email as well as an icon. A second example is shown in the “new voicemail” display area, which includes indicia resulting from executing a voicemail module. Id. The indicia for the “new voicemail” display area include a textual indication of the new voicemail as well as an icon. The sizing of the “Notification Window” changes as the window is dragged down by the user. The arrow in the above reproduced image represents the window being dragged down by the user, where multiple notifications can be provided. For the ’002 Accused Products, each of the plurality of display areas is associated with one of the plurality of individual programming modules. • As one example, the display areas within the Notification Window generated by the Android operating system software as implemented on the Droid X are each associated with an individual programming module. 16 U.S. Patent No. 6,493,002 Infringement Contentions . Exh. B-1 [Droid X User’s Guide] at 9. • wherein the first window is independently displayed and independently active of any application program, the first window region and the plurality of independent display areas implemented in a window layer that appears on top of application programming windows that may be generated; In the above reproduced image of the Notification Window for the Droid X, the display areas are each associated with one of the programming module. Id. For example, the display area for the “new email” notification is associated with an email programming module and the “new voicemail” notification is associated with a voicemail module. Id. For the ’002 Accused Products, the first window is independently displayed and independently active of any application program, the first window region and the plurality of independent display areas implemented in a window layer that appears on top of application programming windows that may be generated. 17 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, the Notification Window is displayed and active independent of whatever application program was displayed when the Notification Window was dragged open by the user. Id. The Notification Window, including its display areas, is implemented on a window layer on top of whichever application program was displayed when the Notification Window is opened by the user. Id. • The Notification Window is independent of the application programs. It receives messages passed from applications requesting the display of a notification in the form of “Intent” messages. Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. displaying the indicia in each of said The ’002 Accused Products display the indicia in each of said plurality of display areas plurality of display areas by executing one by executing one of a plurality of individual programming modules corresponding to of a plurality of individual programming each indicia. modules corresponding to each indicia; 18 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • selecting one of the indicia, wherein the selecting comprises a first programming module determining which of said plurality of display areas is selected and sending a message to a programming module of said plurality of individual programming modules responsible for generating a display of a selected indicia; In the above reproduced image of the Notification Window for the Droid X, indicia are displayed in each of the display areas by executing a programming module corresponding to the indicia. For example, the “new email” display area includes indicia resulting from executing an email module. The indicia for the “new email” display area include a textual indication of the new email as well as an icon. A second example is shown in the “new voicemail” display area, which includes indicia resulting from executing a voicemail module. Id. The indicia for the “new voicemail” display area include a textual indication of the new voicemail as well as an icon. The ’002 Accused Products select one of the indicia, wherein the selecting comprises a first programming module determining which of said plurality of display areas is selected and sending a message to a programming module of said plurality of individual programming modules responsible for generating a display of a selected indicia. 19 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, one of the indicia can be selected based on a touch-based indication from a user. The touch-based indication is performed by a programming module that determines which display area was touched by the user. Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. The selection results in a message called an “intent” that is sent to the programming module responsible for generating a display of that indicia. For example, if a user touches the “new email” indicia, an intent will be sent to an email 20 U.S. Patent No. 6,493,002 Infringement Contentions programming module and if a user touches the “new voicemail” indicia, an intent will be sent to a voicemail programming module. Exh. B-1 [Droid X User’s Guide] at 9; Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. said programming module performing a function in response to a selection. The programming module of the ’002 Accused Products performs a function in response to a selection. • As a result of receiving an Intent as discussed in the preceding step, the receiving programming module can perform a function called an “Activity.” Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. For example, the “new email” display area includes indicia resulting from executing an email module. The indicia for the “new email” display area include a textual indication of the new email as well as an icon. A second example is shown in the “new voicemail” display area, which includes indicia resulting from executing a voicemail module. Exh. B-1 [Droid X User’s Guide] at 9. The indicia for the “new voicemail” display area include a textual indication of the new voicemail as well as an icon. 46. A computer readable medium containing executable computer program instructions, which when executed by a data processing system, cause the data processing system to perform a method The ’002 Accused Products include a computer readable medium containing executable computer program instructions, which when executed by a data processing system, cause the data processing system to perform a method for generating control information comprising. 21 U.S. Patent No. 6,493,002 for generating control information comprising: creating an operating environment for a plurality of individual programming modules associated with different application programs that provide status and/or control functions; Infringement Contentions • As one example, the Droid X includes a memory that stores the Android 2.1 operating system software. The Android operating system software included on the Droid X when executed by the processor of the Droid X, causes the processor to generate control information. See generally Exh. B-1 [Droid X User’s Guide]. The accused computer readable medium containing executable computer program instructions, when executed, creates an operating environment for a plurality of individual programming modules associated with different application programs that provide status and/or control functions. • As one example, the Android operating system software as implemented on the Droid X allows for the operation of a plurality of individual programming modules associated with different application programs that provide status and/or control functions. These different application programs can include a phone application, a map application, and a messaging application. Exh. B-1 [Droid X User’s Guide] at 7. 22 U.S. Patent No. 6,493,002 Infringement Contentions • generating a first window sized to accommodate a plurality of display areas for indicia resulting from executing at least one of the plurality of individual programming modules, An example application program that provides control information is the phone application, which instructs the Droid X to perform phone functions. The accused computer readable medium containing executable computer program instructions, when executed, generates a first window sized to accommodate a plurality of display areas for indicia resulting from executing at least one of the plurality of individual programming modules. • As one example, the Android operating system software as implemented on the Droid X generates a Notification Window that is sized to accommodate a plurality of display areas. Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, the display areas on the Notifications Window of the Droid X each include an indicia that results from executing a programming module. Id. For example, the “new email” display area includes indicia resulting from executing an email module. The indicia for the “new email” display area include a textual indication of the new email as well as an icon. A second example is shown in the “new voicemail” display area, which includes indicia resulting from executing a voicemail module. Id. The indicia for the “new voicemail” display area include 23 U.S. Patent No. 6,493,002 Infringement Contentions a textual indication of the new voicemail as well as an icon. • wherein each of the plurality of display areas is associated with one of the plurality of individual programming modules, and The sizing of the “Notification Window” changes as the window is dragged down by the user. The arrow in the above reproduced image represents the window being dragged down by the user, where multiple notifications can be provided. For the accused computer readable medium containing executable computer program instructions, when executed, each of the plurality of display areas is associated with one of the plurality of individual programming modules. • As one example, the display areas within the Notification Window generated by the Android operating system software as implemented on the Droid X are each associated with an individual programming module. . Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, the display areas are each associated with one of the programming module. Id. For example, the display area for the “new email” notification is associated with an email programming module and the “new voicemail” notification is associated with a voicemail module. Id. 24 U.S. Patent No. 6,493,002 Infringement Contentions wherein the first window is independently displayed and independently active of any application program, the first window region and the plurality of independent display areas implemented in a window layer that appears on top of application programming windows that may be generated; For the accused computer readable medium containing executable computer program instructions, when executed, the first window is independently displayed and independently active of any application program, the first window region and the plurality of independent display areas implemented in a window layer that appears on top of application programming windows that may be generated. Exh. B-1 [Droid X User’s Guide] at 9. • displaying the indicia in each of the plurality of display areas by executing one of a plurality of individual programming modules corresponding to each indicia; and In the above reproduced image of the Notification Window for the Droid X, the Notification Window is displayed and active independent of whatever application program was displayed when the Notification Window was dragged open by the user. Id. The Notification Window, including its display areas, is implemented on a window layer on top of whichever application program was displayed when the Notification Winder is opened by the user. Id. The accused computer readable medium containing executable computer program instructions, when executed, displays the indicia in each of the plurality of display areas by executing one of a plurality of individual programming modules corresponding to each indicia. 25 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • selecting one of the indicia, wherein the selecting comprises a first programming module determining which of the plurality of display areas is selected and sending a message to a programming module of the plurality of individual programming modules responsible for generating a display of a selected indicia, and In the above reproduced image of the Notification Window for the Droid X, indicia are displayed in each of the display areas by executing a programming module corresponding to the indicia. For example, the “new email” display area includes indicia resulting from executing an email module. The indicia for the “new email” display area include a textual indication of the new email as well as an icon. A second example is shown in the “new voicemail” display area, which includes indicia resulting from executing a voicemail module. Id. The indicia for the “new voicemail” display area include a textual indication of the new voicemail as well as an icon. The accused computer readable medium containing executable computer program instructions, when executed, selects one of the indicia, wherein the selecting comprises a first programming module determining which of the plurality of display areas is selected and sending a message to a programming module of the plurality of individual programming modules responsible for generating a display of a selected indicia. 26 U.S. Patent No. 6,493,002 Infringement Contentions Exh. B-1 [Droid X User’s Guide] at 9. • In the above reproduced image of the Notification Window for the Droid X, one of the indicia can be selected based on a touch-based indication from a user. The touch-based indication is performed by a programming module that determines which display area was touched by the user. Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. The selection results in a message called an “intent” that is sent to the programming module responsible for generating a display of that indicia. For example, if a user touches the “new email” indicia, an intent will be sent to an email 27 U.S. Patent No. 6,493,002 Infringement Contentions programming module and if a user touches the “new voicemail” indicia, an intent will be sent to a voicemail programming module. Exh. B-1 [Droid X User’s Guide] at 9; Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. the programming module performing a function in response to a selection. The accused computer readable medium containing executable computer program instructions, when executed, includes a programming module that performs a function in response to a selection. • As a result of receiving an Intent as discussed in the preceding step, the receiving programming module can perform a function called an “Activity.” Exh. B-2 [Creating Status Bar Notifications (http://developer.android.com/guide/topics/ui/notifiers/notifications.html)]. For example, if a user touches the “new email” indicia in the above reproduced Notification Window, an Intent will result in an Activity including the opening of an email programming module and if a user touches the “new voicemail” indicia in the above reproduced Notification Window, an Intent will result in an Activity including opening a voicemail programming module. 28

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?