Motorola Mobility, Inc. v. Apple, Inc.

Filing 211

MOTION to Amend/Correct the Procedural Schedule to Serve Supplemental Invalidity Contentions and Accompanying Memorandum of Law in Support by Motorola Mobility, Inc.. Responses due by 1/17/2012 (Attachments: # 1 Affidavit Cathleen Garrigan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(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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Pages 1-226

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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