Motorola Mobility, Inc. v. Apple, Inc.

Filing 218

AFFIDAVIT signed by : Jill Ho. re 217 Response in Opposition to Motion Declaration of Jill Ho in Support of Apple's Opposition (D.E. 217) by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Pace, Christopher)

Exhibit L

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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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first tab in the Apple binder we just handed you.

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THE COURT:

my law clerk by accident.

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Is this what you just gave me?

MR. POWERS:

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THE COURT:

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MR. POWERS:

THE COURT:

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MR. POWERS:

THE COURT:

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MR. POWERS:

Okay.

Fine.

Okay.

Go ahead.

There are three tabs, and the three tabs

Got it.
The first category would be a patent

Right.
The second category would be the set-top

box patents.

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THE COURT:

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MR. POWERS:

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That is it.

about adding a monitor.

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It says

correspond to the three types, categories of patents.

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Sorry.

Apple's Technology Tutorial, Apple Patents in Suit.

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I think I might have handed that back to

Right.
And the third would be the gesture to

unlock.

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THE COURT:

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MR. POWERS:

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Ho will be covering the third.

Okay.
I'll be covering the first two and Jill

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THE COURT:

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MR. POWERS:

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I think what you'll find is that, in contrast to the

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All right.

Fine.

Thank you, Your Honor.

Motorola patents that we've just gone through, some of which I

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think fairly provoke the comment or question is this all

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really relevant, because they were, in fairness, designed to

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solve problems that existed in pagers, which Motorola back in

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the day was quite successful in, that simply don't exist

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anymore.

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download speeds that just don't exist anymore, or very limited

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pager memory, which obviously is not an issue with modern

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devices, and other things, in contrast to types of patents

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that we're now going to talk about from Apple are ones that

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are directly used every single day by all of us or most of

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us.

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They were invented to involve problems with slow

The first relates to an additional monitor connected

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to a device.

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want to put it in context as to how in modern terms this gets

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used.

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And before we jump into the slide deck, I just

So, for example, Your Honor's iPad, if you were

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making a presentation to a group of your fellow judges and you

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wanted to stand at a podium and use your iPad to make that

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presentation, you can do so, and the reason you can do so is

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because you can connect the iPad to a second monitor behind

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you, for example, and look at the presentation as you go

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through it on your iPad, and it's going through the monitor

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behind you.

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You can also project some different images on to it.
So, for example, if you had a photo collection that you wanted

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to show a group of friends coming back from a trip and you

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didn't want them hovering around your iPad, you can connect it

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to a larger television screen and show everyone the photo

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collections from a recent trip.

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Those are just two examples in modern usages of how

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you would use this type of technology, because what we're

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talking about is quickly, efficiently, easily, conveniently

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connecting one device to another display device that you want

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to use for some reason.

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And, so, if we go into the slides, the changeover up

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there -- here we go -- again, we have the cover page of the

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patent, and again, Your Honor, this is really for use as a

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reference going forward.

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claims are at issue, because obviously, not all claims are

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asserted, and the claims have different configurations and

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different terminology and different requirements.

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helpful resource.

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It's a handy source to show which

So that's a

The accused products for both of the patents are the

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same, which are what are called HDMI compatible phones and

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tablets.

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form of display, display technology, and the accused devices

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are compatible with HDMI, meaning you can plug an HDMI plug

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into them and it will display through that HDMI plug on to

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your television screen, for example, or on to a larger screen

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behind you for presentation purposes.

What that means is HDMI is a new interface and a new

And the identified

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products, we've listed the Powerbook G4.

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Apple computer, but it's obviously also present on current

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Apple computers as well.

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That's an older

The same is true for the 116 patent.

We have listed

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the filing date, the asserted claims and the relevant products

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there as well.

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So, one of the things that we try to do in each of

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these patents is set up what the problem was that the patent

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was trying to solve, because that's helpful to understanding

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the technological context of it, and often when you're trying

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to construe claims, it's useful to know what that problem was

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and how that patent purported to solve it.

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that common sense and, fortunately, the law tell you is

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relevant to understanding what the claims mean.

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That is something

And here the patents are quite clear, and again,

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common sense is quite clear about what the goal was.

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was that they have limited screen sizes and laptops, and maybe

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you want to connect that to a larger monitor.

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that routinely every day.

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I do that in my office every day.

The goal

Many people do

I have a laptop

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that I use as my main computer and I connect it to a larger

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monitor in exactly the same way as Your Honor did on the bench

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when we wanted to switch the presentation from a smaller

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monitor to a larger one.

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because of the types of technology we're talking about.

That's easy to do now, in part,

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And there are two types of projection that I just

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wanted to mention, because you'll probably hear discussion

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about them.

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"mirroring," and mirroring simply means that you have the

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same screen, the same content on both screens.

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One term that's thrown around is called

A use of that, for example, is when you wanted to

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make a presentation to the fellow judges and you want to be

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looking at the same content they are, so you can speak to it

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but not be looking at the screen or turning around.

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called mirroring.

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That's

That's sometimes called projection and other terms.

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And you can also have separate content.

The way that works is that, obviously, you have

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content that has to be stored in different places because it's

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showing different things.

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content that's coming from someplace, and another screen is

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showing another body of content.

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One screen is showing one body of

Now, the way that works is -- the patents have

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discussed this and those skilled in the art know how this

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works -- you have something called a frame buffer.

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buffer buffers just memory and it's a term that's thrown

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around in the art a lot.

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A frame

What it means is it's typically used with memory

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that's being used for a very short period of time, sort of as

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a last stopping place for something that's going on right now;

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not permanent storage, not like your hard drive, but it's

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something which is used in a short, short period of time.

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frame buffers are something that's typically used for frames

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of data which are often a way of looking at what's being

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stored to be projected on to a display.

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And

So a frame buffer, you could have multiple of them,

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and one frame buffer would store the content you're showing on

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one screen and a separate frame buffer would store the content

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you're showing on the second screen.

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actually display two different things even from the same

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That's how they could

computer.
So, for example, if I'm sitting at my desk, I'll have

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one monitor that has my e-mail, for example, and one monitor

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that might have a Web page I'm looking at or a document I'm

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reviewing or something else, and the frame buffer is what

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allows that to happen.

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Now, the problem specifically that the patents

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address is what existed in the prior art at the time, was

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there a specific way that the computer knew where it was

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sending data for display, and the only way it knew that was if

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that display space, the place where it's going to be sending

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the data, was listed in its system memory.

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was sending and it had that list and it was going to send it

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to that list.

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It knew where it

The problem was that if you try to add a monitor, the
technology at the time wouldn't add the new display

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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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