Motorola Mobility, Inc. v. Apple, Inc.

Filing 366

NOTICE by Motorola Mobility LLC Amended Infringement Contentions and Statement of Accused Products (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)Associated Cases: 1:12-cv-20271-RNS, 1:10-cv-23580-RNS(Kruse, Regan)

EXHIBIT E

EXHIBIT E
UNITED STATES PATENT NO. 6,101,531
PRELIMINARY INFRINGEMENT CONTENTIONS1
Accused Apple Products:

Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4, Apple iPhone 4S, Apple iPhone 52 (collectively,
“Apple iPhones”), Apple iPad, Apple iPad with 3G, Apple iPad 2, Apple iPad 2 with 3G, 3rd Generation
Apple iPad, 3rd Generation Apple iPad + 4G, 4th Generation Apple iPad3, 4th Generation Apple iPad
[with cellular], Apple iPad mini4, 3rd Generation Apple iPod Touch, 4th Generation Apple iPod Touch,
5th Generation Apple iPod Touch5 (collectively, “Apple iPads” and “iPods”), Apple Mac Pro, Apple
iMac, new Apple iMac6, Apple Mac mini, new Apple Mac mini7, Apple MacBook, Apple MacBook

1

Motorola Mobility's investigation is ongoing and discovery is not yet complete. Apple has, thus far, not produced all of its
documents and source code relevant to the accused methods and products. Motorola reserves the right to supplement or amend these
contentions based on subsequent discovery or disclosures made pursuant to FRCP 26. Motorola further reserves the right to amend
and supplement its contentions with respect to any products released by Apple subsequent to the service of these initial infringement
contentions, in accordance with the schedule set forth in the Court’s Order of October 25, 2012. Further, to the extent Apple releases
any new products with the same functionality accused of infringement in the Accused Apple Products in these contentions, Motorola
reserves the right to seek appropriate relief from the court in accordance with its order of October 25, 2012 and in accordance with the
Federal Rules of Civil Procedure.
2

The term "Apple iPhone 5" means Apple's new iPhone announced by Apple on September 12, 2012. See
http://www.apple.com/pr/library/2012/09/12Apple-Introduces-iPhone-5.html.
3

The terms "4th Generation Apple iPad" and "4th Generation Apple iPad [with cellular]" mean Apple's new iPad devices announced
by Apple on October 23, 2012. See http://www.apple.com/pr/library/2012/10/23Apple-Introduces-iPad-mini.html.
4

The terms "Apple iPad mini" and "Apple iPad mini [with cellular]" mean Apple's new iPad mini devices announced by Apple on
October 23, 2012. See http://www.apple.com/pr/library/2012/10/23Apple-Introduces-iPad-mini.html.
5

The term “5th Generation Apple iPod Touch” means Apple’s new iPod Touch announced by Apple on September 12, 2012. See
http://www.apple.com/pr/library/2012/09/12Apple-Introduces-New-iPod-touch-iPod-nano.html.

6

The term "new Apple iMac" means Apple's new iMac computers announced by Apple on October 23, 2012. See
http://www.apple.com/pr/library/2012/10/23All-New-iMac-Features-Stunning-Design-Brilliant-Display-Faster-Performance.html.
7

The term "new Apple Mac mini" means Apple's new Mac mini computers announced by Apple on October 23, 2012. See
http://www.apple.com/pr/library/2012/10/23All-New-iMac-Features-Stunning-Design-Brilliant-Display-Faster-Performance.html.

1

EXHIBIT E
Pro, 15-inch Apple MacBook Pro with Retina Display, 13-inch Apple MacBook Pro with Retina
Display8, Apple MacBook, Apple MacBook Air, MobileMe, and iCloud.
Apple directly infringes the ‘531 patent, either literally or through the doctrine of equivalents, pursuant to 35 U.S.C. § 271(a).
In addition to Apple's direct infringement of the ‘531 patent through its development, testing, use, distribution and sale of its
products and services, Apple also indirectly infringes the ‘531 patent pursuant to 35 U.S.C. § 271(b) and (c). End-users and others in
the distribution channel of the Accused Apple Products directly infringe this claim by using, selling, offering for sale, and/or
importing these devices into the United States. Apple contributes to and induces infringement through its promotion and provision of
marketing, sale and/or technical support of the Accused Apple Products and associated services in the United States, and through the
design, marketing, manufacture, sale, and/or technical support of the Accused Apple Products. Apple supplies Accused Apple
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, promotion, and user guides, which induces and results in direct infringement. Apple has known
or should have known that these actions would cause direct infringement of the ‘531 patent and did so with specific intent to
encourage direct infringement, at least as of 2007, when Apple and Motorola participated in talks regarding the licensing of
Motorola's patent portfolio. On information and belief, in connection with those negotiations, Apple has reviewed said portfolio,
including Motorola's ‘531 Patent. Moreover, Apple has known of the ‘531 patent since at least October 6, 2010, when Motorola filed
its Complaint, attaching the ‘531 patent as an exhibit. Despite knowing of the ‘531 patent, Apple continues to make, use, offer to sell,
and sell its products and has continued to circulate marketing literature and user guides encouraging users of the Accused Apple
Products to infringe. Additionally, the identified features of the Accused Apple Products are material parts of the inventions of the
asserted claims and have no substantial non-infringing uses.
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

8

The term "13-inch Apple MacBook Pro with Retina Display" means Apple's new 13-inch MacBook Pro computer announced by
Apple on October 23, 2012. See http://www.apple.com/pr/library/2012/10/23Apple-Introduces-13-inch-MacBook-Pro-with-RetinaDisplay.html.
9

This chart provides Motorola’s infringement analysis for the MobileMe service and / or iCloud service communicating with Apple's
accused products. In this claim chart, "Apple Phone" refers to Apple iPhone 3G S, Apple iPhone 3G, Apple iPhone 4, Apple iPhone
4S, Apple iPhone 5, Apple iPad, Apple iPad with 3G, Apple iPad 2, Apple iPad 2 with 3G, 3rd Generation Apple iPad, 3rd Generation
Apple iPad + 4G, 4th Generation Apple iPad, 4th Generation Apple iPad [with cellular], Apple iPad mini, 3rd Generation Apple iPod
Touch, 4th Generation Apple iPod Touch, and 5th Generation Apple iPod Touch; "Apple Computer" refers to Apple MacBook, Apple
MacBook Pro, 15-inch Apple MacBook Pro with Retina Display, 13-inch Apple MacBook Pro with Retina Display, Apple MacBook
2

EXHIBIT E
'531 Patent Claim
1. A method of
communicating data units
over a wireless network
between a client
communication unit and a
host device via a
communication server, the
method comprising, at the
communication server:

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, Apple Phones and Apple Computers perform each and every step of this
claim in the course of normal use with MobileMe / iCloud. Additionally, a user of an Apple Phone
and/or Apple Computer performs each and every step of this claim in the course of such use.
Furthermore, Apple has performed each and every step of this claim.
Over a wireless network, Apple and/or its users communicate data units (e.g., email) between a client
communication unit (an Apple Phone or an Apple Computer) and a host device (a MobileMe / iCloud
mail server) via a communication server (a MobileMe / iCloud communication server):

Air, Apple iMac, new Apple iMac, Apple Mac Mini, new Apple Mac Mini, and Apple Mac Pro. Upon information and belief, the
analysis set forth in this chart for "Apple Phone" applies equally to all Apple Phones using Apple’s MobileMe and/or iCloud service;
and, upon information and belief, the analysis set forth in this chart for "Apple Computer" applies equally to all Apple Computers
using Apple’s MobileMe and/or iCloud service.

3

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

What is IMAP and Why Do We Use It, (http://www.apple.com/mobileme/news/2008/11/what-isimapand-why-do-we-use-it.html), accessed on May 5, 2011, MOTO-APPLE-0006037953_126657.
See MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127187:

4

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also, iCloud - Calendar, Mail, and Contacts, http://www.apple.com/icloud/features/calendar-mailcontacts.html, accessed on October 27, 2011:

See also, iCloud Mail overview, http://support.apple.com/kb/PH2618, accessed on 11/06/2012,

5

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

MOTO-SDFL-0000018647:

In addition, through its design of the Apple Phones and Apple Computers, Apple also induced users of
the Apple Phones and Apple Computers to infringe the '531 patent. Apple and Motorola have been in
talks since 2007 regarding the licensing of Motorola's patent portfolio, and, on information and belief,
in accordance with those negotiations, Apple has reviewed said portfolio, including Motorola's '531
Patent. Thus, at least as early as 2007, Apple knew or should have known its actions would induce
actual infringement and possessed specific intent to encourage its customers' direct infringement
through the design of the Apple Phones and Apple Computers. In addition, Apple instructs the users
of the Apple Phones and Apple Computers to use them in an infringing manner, including but not
limited to by describing infringing uses in its advertisements, promotional materials, labels, and user
manuals. See, e.g. MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTO-APPLE0006037953_127206.

Moreover, Apple also contributes to the infringement of the '531 patent by users of the device. As
indicated above, at least as early as 2007, Apple knew that offering to sell or selling the Apple Phones
and Apple Computers would contribute to direct infringement of the '531 Patent. Apple knew that the
Apple Phones and Apple Computers contain a specific software component for filtering data units, a
component with no substantial non-infringing use, that could be combined with Apple's MobileMe /
iCloud services, and that this combination, for which the two components were especially made, was
both patented and infringing. Moreover, Apple Phone and Apple Computer users have, in fact,

6

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

combined these components into an infringing device. Apple further contributes to the direct
infringement of the users of the Apple Phones and Apple Computers, including but not limited to by
describing infringing combinations in its advertisements, promotional materials, and user manuals.
See, e.g. MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_12720.

See also. iCloud: Manage junk mail, (http://support.apple.com/kb/PH2649), accessed on 11/06/2012,
MOTO-SDFL-0000018648:

filtering data units based on a
first set of user-selected
criteria to produce filtered
data units;

Upon information and belief, MobileMe / iCloud filters data units based on a first set of user-selected
criteria to produce filtered data units. The user of an Apple Phone can select which mailboxes (and
which folders within those mailboxes) are synched to the device. In addition, the user of an Apple
Phone can select how many emails should be downloaded to the device, and the user of an Apple
Phone can select not to load remote HTML images. MobileMe / iCloud receives any and all of these
user-selected criteria previously prepared at the Apple Phone, which are, when completed, sent to
MobileMe / iCloud communication server. For example, MobileMe filters email messages (data units)
based on a user decision to automatically filter junk mail messages (user-selected criteria to produce
7

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

filtered data units):

MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206.
See also 745-Apple0783686-786 at -717:

8

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also iCloud: How spam is filtered, http://support.apple.com/kb/HT4899, accessed October 27,
2011:

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646:

9

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also. iCloud: Manage junk mail, (http://support.apple.com/kb/PH2649), accessed on 11/06/2012,
MOTO-SDFL-0000018648:

10

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

11

EXHIBIT E
'531 Patent Claim
communicating the filtered
data units to the client
communication unit;

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud communicates the filtered data units to the client
communication unit. For example, MobileMe communicates e-mails that pass through the MobileMe
junk mail filter (filtered data units) to an Apple Phone or Apple Computer (client communication unit)

MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011, MOTOAPPLE-0006037953_127187.
See MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206:

See also iCloud: How spam is filtered, http://support.apple.com/kb/HT4899, accessed October 27,
12

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

2011:

See also, iCloud Mail overview, http://support.apple.com/kb/PH2618, accessed on 11/06/2012,
MOTO-SDFL-0000018647:

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018647:

13

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See id.

14

EXHIBIT E
'531 Patent Claim
receiving a second set of a
plurality of user-selected
criteria, wherein the second
set of the plurality of userselected criteria has been
previously prepared at the
client communication unit
and, when completed, has
been sent to the
communication server in a
virtual session;

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud can receive a second set of a plurality of userselected criteria, wherein the second set of the plurality of user-selected criteria has been previously
prepared at the client communication unit and, when completed, has been sent to the communication
server in a virtual session.
The user of an Apple Phone can select which mailboxes (and which folders within those mailboxes)
are synched to the device. In addition, the user of an Apple Phone can select how many emails should
be downloaded to the device, and the user of an Apple Phone can select not to load remote HTML
images. MobileMe / iCloud receives any and all of these user-selected criteria previously prepared at
the Apple Phone, which are, when completed, sent to MobileMe / iCloud communication server. For
example:

Photo of Apple iPhone showing option to load remote images, taken June 29, 2010, MOTO-APPLE
0006037953_127176 (arrow added).
The user of a Apple Computer can identify junk mail that passed through the first set of user-selected

15

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

filter criteria. MobileMe receives this new user-selected criteria previously prepared at the Apple
Computer, which is, when completed, sent to the MobileMe communication server:

Helping Mail identify junk mail,
(http://docs.info.apple.com/article.html?path=Mail/3.0/en/9940.html), accessed on May 13, 2011,
MOTO-APPLE-0006037953_126637.
See MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206:

16

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also How MobileMe filters spam messages, (http://support.apple.com/kb/HT1073), accessed on
May 13, 2011, MOTO-APPLE-0006037953_127207:

See also MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-006037953 127187:

See also iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646 (box added):

17

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also. iCloud: Manage junk mail, (http://support.apple.com/kb/PH2649), accessed on 11/06/2012,
MOTO-SDFL-0000018648:

18

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

19

EXHIBIT E
'531 Patent Claim
filtering subsequent data
units based on the second set
of the plurality of userselected criteria to create
subsequent filtered data
units; and

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud will filter subsequent email messages (data units)
based on the second set of the plurality of user-selected criteria to create subsequent filtered data units.
When used with an Apple Phone, MobileMe / iCloud will filter later email messages (subsequent data
units) based on the Apple Phone user’s criteria of which folders / mailboxes to sync, how many emails
should be downloaded for display, and whether to download remote HTML images to create
subsequent filtered emails.
When used with an Apple Computer, MobileMe / iCloud will filter subsequent email messages
(subsequent data units) based on the new junk mail criteria (the second set of the plurality of userselected criteria) to create subsequent filtered emails
Helping Mail identify junk mail,
(http://docs.info.apple.com/article.html?path=Mail/3.0/en/9940.html), accessed on May 13, 2011,
MOTO-APPLE-0006037953_126637.
See MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206:

See also How MobileMe filters spam messages, (http://support.apple.com/kb/HT1073), accessed on
May 13, 2011, MOTO-APPLE-0006037953_127207:

See also 745-Apple0783686-786 at -717:

20

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

21

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also 745-Apple4699474 at -488-489:

22

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also 745-Apple4857865-99 at -84

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646:

23

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See id.

24

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also, iCloud: Manage junk mail, (http://support.apple.com/kb/PH2649), accessed on 11/06/2012,
MOTO-SDFL-0000018648:

communicating the
subsequent filtered data units
to the client communication
unit.

Upon information and belief, MobileMe / iCloud communicates the subsequent filtered data units to
the client communication unit. For example, MobileMe / iCloud will allow messages that pass
through the Apple Phone user’s criteria of which folders / mailboxes to sync, how many emails should
be downloaded for display, and whether to download remote HTML images to create (the subsequent
filtered data units) to the Apple Phone (client communication unit)
Likewise, MobileMe / iCloud will allow messages that pass through the new junk mail filter(the
subsequent filtered data units) to the Apple Computer (client communication unit).

25

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011, MOTOAPPLE-0006037953_127187.
See also, iCloud Mail overview, http://support.apple.com/kb/PH2618, accessed on 11/06/2012,
MOTO-SDFL-0000018647:

26

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646:

2. The method according to
claim 1 further comprising
truncating a subsequent
filtered data unit exceeds a
first filter size.

Upon information and belief, Apple Phones perform each and every step of this claim in the course of
normal use with MobileMe / iCloud. Additionally, a user of an Apple Phone performs each and every
step of this claim in the course of such use. Furthermore, Apple has performed each and every step of
if the this claim and has actively induced users to perform such steps, and has contributed to such use
by subsequent filtered data unit selling Apple Phones and MobileMe / iCloud and by providing
directions for their use.
Upon information and belief, Apple Phones will truncate subsequent data units if the subsequent
filtered data unit exceeds a second filter size.

11. A method of
communicating data units
over a wireless network
between a client
communication unit and a
host device via a
communication server, the
method comprising:

Upon information and belief, Apple Phones and Apple Computers perform each and every step of this
claim in the course of normal use with MobileMe / iCloud. Additionally, a user of an Apple Phone
and/or Apple Computer performs each and every step of this claim in the course of such use.
Furthermore, Apple has performed each and every step of this claim. Over a wireless network, Apple
and/or its users communicate data units (e.g., email) between a client communication unit (an Apple
Phone or an Apple Computer) and a host device (a MobileMe / iCloud mail server) via a
communication server (a MobileMe / iCloud communication server):

27

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

What is IMAP and Why Do We Use It, (http://www.apple.com/mobileme/news/2008/11/what-isimap-and-why-do-we-use-it.html), accessed on May 5, 2011, MOTO-APPLE-0006037953_126657.
See MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-0006037953_127187:

28

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also, iCloud Mail overview, http://support.apple.com/kb/PH2618, accessed on 11/06/2012,
MOTO-SDFL-0000018647:

In addition, through its design of the Apple Phones and Apple Computers, Apple also induced users of

29

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

the Apple Phones and Apple Computers to infringe the '531 patent. Apple and Motorola have been in
talks since 2007 regarding the licensing of Motorola's patent portfolio, and, on information and belief,
in accordance with those negotiations, Apple has reviewed said portfolio, including Motorola's '531
Patent. Thus, at least as early as 2007, Apple knew or should have known its actions would induce
actual infringement and possessed specific intent to encourage its customers' direct infringement
through the design of the Apple Phones and Apple Computers. In addition, Apple instructs the users
of the Apple Phones and Apple Computers to use them in an infringing manner, including but not
limited to by describing infringing uses in its advertisements, promotional materials, labels, and user
manuals. See, e.g. MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206.

Moreover, Apple also contributes to the infringement of the '531 patent by users of the device. As
indicated above, at least as early as 2007, Apple knew that offering to sell or selling the Accused
Apple Products would contribute to direct infringement of the '531 Patent. Apple knew that the Apple
Phones and Apple Computers contain a specific software component for filtering data units, a
component with no substantial non-infringing use, that could be combined with Apple's MobileMe
service, and that this combination, for which the two components were especially made, was both
patented and infringing. Moreover, Apple Phone and Apple Computer users have, in fact, combined
these components into an infringing device. Apple further contributes to the direct infringement of the
users of the Apple Phones and Apple Computers, including but not limited to by describing infringing
combinations in its advertisements, promotional materials, and user manuals. See, e.g. MobileMe:
Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206.

30

EXHIBIT E
'531 Patent Claim

filtering data units, at the
communication server, based
on a first set of user-selected
criteria to produce filtered
data units;

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud filters data units based on a first set of user-selected
criteria to produce filtered data units. The user of an Apple Phone can select which mailboxes (and
which folders within those mailboxes) are synched to the device. In addition, the user of an Apple
Phone can select how many emails should be downloaded to the device, and the user of an Apple
Phone can select not to load remote HTML images. MobileMe receives any and all of these userselected criteria previously prepared at the Apple Phone, which are, when completed, sent to
MobileMe communication server. For example, MobileMe / iCloud filters email messages (data units)
based on a user decision to automatically filter junk mail messages (user-selected criteria to produce
filtered data units).

MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206.

See also 745-Apple0783686-786 at -717:

31

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

32

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646:

33

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also. iCloud: Manage junk mail, (http://support.apple.com/kb/PH2649), accessed on 11/06/2012,

34

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

MOTO-SDFL-0000018648:

35

EXHIBIT E
'531 Patent Claim
communicating, at the
communication server, the
filtered data units to the
client communication unit;

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud communicates the filtered data units to the client
communication unit. For example, MobileMe / iCloud communicates e-mails that pass through the
MobileMe / iCloud junk mail filter (filtered data units) to an Apple Phone or Apple Computer (client
communication unit).

MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011, MOTOAPPLE-0006037953_127187.

See MobileMe: Why was I "spammed" at my MobileMe Mail address?,

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EXHIBIT E
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Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206:

See also, iCloud Mail overview, http://support.apple.com/kb/PH2618, accessed on 11/06/2012,
MOTO-SDFL-0000018647:

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646:

preparing, at the client
communication unit, a
second set of a plurality of
user-selected criteria, and
when completed,
communicating the second
set of the plurality of userselected criteria to the
communication server in a
virtual session;

The user of an Apple Phone can prepare a second set of a plurality of filter criteria, e.g., a user can
select which mailboxes (and which folders within those mailboxes) are synched to the device. In
addition, the user of an Apple Phone can select how many emails should be downloaded to the device,
and the user of an Apple Phone can select not to load remote HTML images.
When the user has completed preparing the second set of a plurality of filter criteria, it is
communicated to MobileMe / iCloud communication server in a virtual session.

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EXHIBIT E
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Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Photo of Apple iPhone showing option to load remote images, taken June 29, 2010, MOTO-APPLE
0006037953_127176 (arrow added).
The user of a Apple Computer can identify junk mail that passed through the first set of user-selected
filter criteria. MobileMe receives this new user-selected criteria previously prepared at the Apple
Computer, which is, when completed, sent to the MobileMe communication server:

38

EXHIBIT E
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Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Helping Mail identify junk mail,
(http://docs.info.apple.com/article.html?path=Mail/3.0/en/9940.html), accessed on May 13, 2011,
MOTO-APPLE-0006037953_126637.
See MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTOAPPLE¬0006037953_127206:

See also How MobileMe filters spam messages, (http://support.apple.com/kb/HT1073), accessed on

39

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

May 13, 2011, MOTO-APPLE-0006037953_127207:

See also MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011,
MOTO-APPLE-006037953_127187:

See also iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646 (box added):

40

EXHIBIT E
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filtering subsequent data
units, at the communication
server, based on the second
set of the plurality of user-

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud will filter subsequent email messages (data units)
based on the second set of the plurality of user-selected criteria to create subsequent filtered data units.
When used with an Apple Phone, MobileMe / iCloud will filter later email messages (subsequent data

41

EXHIBIT E
'531 Patent Claim
selected criteria to create
subsequent filtered data
units; and

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

units) based on the Apple Phone user’s criteria of which folders / mailboxes to sync, how many emails
should be downloaded for display, and whether to download remote HTML images to create
subsequent filtered emails.
When used with an Apple Computer, MobileMe / iCloud will filter subsequent email messages
(subsequent data units) based on the new junk mail criteria (the second set of the plurality of userselected criteria) to create subsequent filtered emails.

Helping Mail identify junk mail,
(http://docs.info.apple.com/article.html?path=Mail/3.0/en/9940.html), accessed on May 13, 2011,
MOTO-APPLE-0006037953_126637.
See MobileMe: Why was I "spammed" at my MobileMe Mail address?,
(http://support.apple.com/kb/HT2073?viewlocale=en_US), accessed May 13, 2011, MOTO42

EXHIBIT E
'531 Patent Claim

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

APPLE¬0006037953_127206:

See also. iCloud: Manage junk mail, (http://support.apple.com/kb/PH2649), accessed on 11/06/2012,
MOTO-SDFL-0000018648:

See also How MobileMe filters spam messages, (http://support.apple.com/kb/HT1073), accessed on
May 13, 2011, MOTO-APPLE-0006037953_127207:

See also 745-Apple0783686-786 at -717:

43

EXHIBIT E
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Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

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EXHIBIT E
'531 Patent Claim

communicating, at the
communication server, the
subsequent filtered data units
to the client communication
unit.

Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

Upon information and belief, MobileMe / iCloud communicates the subsequent filtered data units to
the client communication unit. For example, MobileMe / iCloud will allow messages that pass
through the Apple Phone user’s criteria of which folders / mailboxes to sync, how many emails should
be downloaded for display, and whether to download remote HTML images to create (the subsequent
filtered data units) to the Apple Phone (client communication unit)
Likewise, MobileMe / iCloud will allow messages that pass through the new junk mail filter(the
subsequent filtered data units) to the Apple Computer (client communication unit).

45

EXHIBIT E
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Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

MobileMe Features, (http://www.apple.com/mobileme/features/), accessed on May 13, 2011, MOTOAPPLE-0006037953_127187.
See also, iCloud Mail overview, http://support.apple.com/kb/PH2618, accessed on 11/06/2012,
MOTO-SDFL-0000018647:

46

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Representative Apple Products:

Apple MobileMe / iCloud communicating
with an Apple Phone and / or Apple Computer9

See also, iCloud: Filter email automatically, http://support.apple.com/kb/PH2650, accessed on
11/06/2012, MOTO-SDFL-0000018646:

47