Motorola Mobility, Inc. v. Apple, Inc.

Filing 205

Plaintiff's MOTION to Amend/Correct 88 Order on Motion for Miscellaneous Relief the Procedural Schedule to Serve Supplemental Invalidity Contentions, Accompanying Memorandum of Law in Support and Declaration of Cathleen Garrigan in Support Thereof by Motorola Mobility, Inc.. Responses due by 1/6/2012 (Attachments: # 1 Declaration of Cathleen Garrigan, # 2 Exhibit A to Declaration of Cathleen Garrigan, # 3 Exhibit B to Declaration of Cathleen Garrigan, # 4 Exhibit C to Declaration of Cathleen Garrigan, # 5 Exhibit D to Declaration of Cathleen Garrigan, # 6 Exhibit E to Declaration of Cathleen Garrigan, # 7 Exhibit F to Declaration of Cathleen Garrigan, # 8 Exhibit G to Declaration of Cathleen Garrigan, # 9 Exhibit H to Declaration of Cathleen Garrigan, # 10 Exhibit I to Declaration of Cathleen Garrigan, # 11 Exhibit J to Declaration of Cathleen Garrigan, # 12 Exhibit K to Declaration of Cathleen Garrigan, # 13 Exhibit L to Declaration of Cathleen Garrigan, # 14 Exhibit M to Declaration of Cathleen Garrigan, # 15 Exhibit N to Declaration of Cathleen Garrigan)(Mullins, Edward)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 10-23580-Civ-UNGARO
MOTOROLA MOBILITY, INC.,
Plaintiff,
-vAPPLE, INC.,
Defendant.

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Miami, Florida
October 6, 2011
10:20 a.m.

TRANSCRIPT OF TUTORIAL PROCEEDINGS TO MARKMAN HEARING
BEFORE THE HONORABLE URSULA UNGARO
U.S. DISTRICT JUDGE
APPEARANCES:
For the Plaintiff

ASTIGARRAGA DAVIS MULLINS & GROSSMAN, PA
BY: EDWARD M. MULLINS, ESQ.
701 Brickell Avenue - 16th Floor
Miami, Florida 33131
-andQUINN EMMANUEL URQUHART & SULLIVAN
BY: DAVID A. PERLSON, ESQ.,
ANTHONY PASTOR, ESQ., and
JOHN DUCHEMIN, ESQ.
50 California Street - 22nd Floor
San Francisco, California 94111

For the Defendant

WEIL, GOTSHAL & MANGES, LLP
BY: MATTHEW D. POWERS, ESQ., and
JILL J. HO, ESQ.
201 Redwood Shores Parkway
Redwood Shores, California 94065-1134
BY: CHRISTOPHER R. J. PACE, ESQ.
1395 Brickell Avenue - Suite 1200
Miami, Florida 33131

(continued)
Reported by:
[phone]

WILLIAM G. ROMANISHIN, RMR, CRR
Official Court Reporter
400 North Miami Avenue
Miami, Florida 33128

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APPEARANCES (continued):

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For the Defendant

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COVINGTON & BURLING, LLP
BY: ROBERT T. HASLAM, ESQ., and
CHRISTINE S. HASKETT, ESQ.
333 Twin Dolphin Drive - Suite 700
Redwood Shores, California 94065

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(Call to order of the Court)

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THE COURT:

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The case before the Court is Motorola versus Apple,

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Okay.

Good morning.

10-23580.
Who's here for Motorola?

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MR. MULLINS:

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Davis, local counsel.

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introduce themselves.

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MR. PERLSON:

Your Honor, Ed Mullins from Astigarraga
I'm here with lead counsel who will

Good morning, Your Honor.

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Perlson from Quinn Emmanuel.

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David

John Duchemin.

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THE COURT:

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MR. MULLINS:

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Okay.

I'm here with Tony Pastor and

Thanks.

And, Your Honor, our client is here as

well Motorola?

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THE COURT:

You're Motorola?

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MR. PLUTA:

Robert Pluta.

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THE COURT:

Okay.

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And who's here for Apple?

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MR. POWERS:

Fine.

Good morning, Your Honor.

Matt Powers,

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Bob Haslam, Christine Haskett, Jessica Guya, Chris Pace, Jill

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Ho for Apple, and also Wendy Anna Herby from Apple but is not

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automatically to the list of approved displays, if you will,

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that that computer could recognize.

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So, what would what that in here -- we have a short

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animation of it -- is that you would plug in your new monitor

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where you wanted to send the information, and the CPU on the

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computer would look at it and say, well, all right, I still

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don't see it because it hasn't been added to my list of active

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displays, because the technology didn't permit that to happen

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automatically.

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So, in order to actually add that new monitor, what

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you had to do was either put your computer to sleep or restart

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it.

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displays were connected to it, and you'd have to restart it

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and wait and wait and wait.

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restart, and it would go out and look at what displays were

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connected to it, and your new display would now be found.

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had you to wait throughout that whole reboot process, which I

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think we've all endured quite too often.

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problems that this patent is directed at solving.

If you restarted it, it would then look again to see what

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And then it would finally

But

That's one of the

Now, the invention is -- a colloquial expression

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that's often used is "plug and play," which just means exactly

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what it sounds like.

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rebooted.

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being rebooted or restarted.

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animation here to show that conceptually.

You don't have to wait for it to be

The system will recognize it automatically without
And, so, we've done a very short
And then, however

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you've set it up -- it can be set up for mirroring, it can be

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set up for anything else -- the information that you want to

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display on your second monitor will be displayed without

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rebooting.

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All right.

So, now, what's the accused functionality

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here?

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tablet, which is their iPad-like device, and their machine

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works exactly how we were describing it with regard to the

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patent.

Again, we've put up as an example, the Motorola Xoom

They have a computer on board that Xoom tablet.

It's

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really just a small, sleek computer.

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it into a monitor through an HDMI cable, when you do so, it's

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automatically recognized.

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sees the other display and it will automatically launch the

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display to go into that external monitor.

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of that technology that we think infringes the claims, and

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we'll talk about the specific claim language, obviously, in

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much more detail when we're around next week.

And when you try to plug

You don't have to restart it.

It

And it's that use

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Now, one issue which has been addressed by Motorola

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in both of its claim constructions and in its slides to some

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degree to be shown to Your Honor today is this concept of

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what's an operating system.

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their proposed constructions has the term "operating system

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component," and, so, I wanted to touch on that briefly.

And you'll recall that one of

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I've got on the screen a slide that shows a public

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version distributed by Google of what the Android operating

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out which of the terms within each of the patents makes sense

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to prove logically and we have an efficient way of doing it.

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THE COURT:

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MR. PERLSON:

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Thank you.

All right.

Thank you so much for

taking this time.

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All right.

THE COURT:

I hope those of you from California are

not taking the red eye tonight.

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MR. PASTOR:

I think we'll be all right.

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THE COURT:

Well, have a safe trip back.

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Thank you.

(Adjourned at 6:00 p.m.)
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C E R T I F I C A T E

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I certify that the foregoing is a correct transcript
from the record of proceedings in the above-entitled matter.

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October 8, 2011

/s/ William G. Romanishin

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