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 G

EXHIBIT G
UNITED STATES PATENT NO. 5,689,825
PRELIMINARY INFRINGEMENT CONTENTIONS1
Accused Apple Products:

Apple Mac Pro, Apple iMac, Apple Mac mini, Apple MacBook Pro, 15-inch Apple MacBook Pro with
Retina Display, Apple MacBook, Apple MacBook Air, Apple iPhone, Apple iPhone 3G, Apple iPhone
3GS, Apple iPhone 4, Apple iPhone 4S, Apple iPhone 52, Apple iPad, Apple iPad + 3G, Apple iPad 2,
Apple iPad 2 + 3G, 3rd Generation Apple iPad, 3rd Generation Apple iPad + 4G, 3rd Generation Apple
iPod Touch, 3rd Generation Apple iPod Touch, 4th Generation Apple iPod Touch, 5th Generation Apple
iPod Touch3, Apple Dock Connector to USB Cable, Apple Lightning Connector to USB Cable4, new
Apple iMac,5 new Apple Mac mini,6 13-inch Apple MacBook Pro with Retina Display,7 4th Generation

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 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.
4

The term “Apple Lightning Connector to USB Cable” means Apple’s new Lightning Connector for use with iPhone 5, and
announced by Apple on September 12, 2012. See http://www.apple.com/pr/library/2012/09/12Apple-Introduces-iPhone-5.html.

5

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.
6

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 G
Apple iPad,8 4th Generation Apple iPad [with cellular], Apple iPad mini,9 Apple iPad mini [with
cellular].
Apple directly infringes the ‘825 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 claims of the ‘825 patent through its development, testing, use, distribution
and sale of its products and services, Apple also indirectly infringes the ‘825 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 the infringement of the ‘825 patent 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 ‘825 patent and did
so with specific intent to encourage direct infringement, at least as of April 13, 2012, Motorola served Apple with Motorola’s motion
for leave to file Motorola’s first amended complaint in this litigation, which attached the ‘825 patent as an exhibit. Despite knowing
of the ‘825 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.
‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

7

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.
8

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.
9

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.
10

This chart provides Motorola’s infringement analysis for the Accused Apple Products updating software installed on the Apple
iOS Devices using iTunes software installed on an Apple Computer. In this claim chart, "Apple iOS Device" refers to the Apple
2

EXHIBIT G

‘825 Patent Claim
13. An integrated battery
charger and software
downloader for use with a
portable wireless
communication unit
comprising:

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10
Upon information and belief, the Apple Computers with iTunes and Apple Dock Connector comprise
integrated battery chargers and software downloaders for use with portable wireless communication
units, specifically Apple iOS Devices.
Upon information and belief, the Apple Computer with iTunes and Apple Dock Connector is an
integrated battery charger and software downloader for use with an iOS Device. An Apple iOS
Device is a portable wireless communication unit. See, e.g., iOS 5, (http://www.apple.com/ios/),
accessed August 20, 2012, MOTO-SDFL0000006277.

iPhone 3G, Apple iPhone 3GS, Apple iPhone 4, Apple iPhone 4S, Apple iPhone 5, Apple iPad, Apple iPad + 3G, Apple iPad 2, Apple
iPad 2 + 3G, 3rd Generation Apple iPad, 3rd Generation Apple iPad + 4G, 3rd Generation Apple iPod Touch, 4th Generation Apple iPod
Touch, 5th Generation Apple iPod Touch, Apple iPad mini, Apple iPad mini [with cellular], 4th Generation Apple iPad, and 4th
Generation Apple iPad [with cellular]; "Apple Computer" refers to Apple Mac Pro, Apple iMac, Apple Mac mini, Apple MacBook
Pro, 15-inch Apple MacBook Pro with Retina Display, Apple MacBook, Apple MacBook Air, new Apple Mac mini, new Apple iMac,
and 13-inch Apple MacBook Pro with Retina Display; "Apple Dock Connector" refers to Apple Dock Connector to USB Cable and
Apple Lightning Connector to USB Cable. Upon information and belief, the analysis set forth in this chart for "Apple iOS Device"
applies equally to all Apple iOS Devices running iOS 5 or iOS 6; and, upon information and belief, the analysis set forth in this chart
for "Apple Computer" applies equally to all Apple Computers with iTunes software and OSX installed.
3

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See also, e.g., iOS: How to update your iPhone, iPad, or iPod touch,
(http://support.apple.com/kb/HT4623) accessed on November 7, 2012, MOTO-SDFL-0000020230.

See also, e.g., iPhone 4S Tech Specs, (http://www.apple.com/iphone/specs.html), accessed August 20,
2012, MOTO-SDFL0000006343.

4

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See also, e.g., iPhone 5 Tech Specifications, (http://www.apple.com/iphone/specs.html), accessed
November 6, 2012, MOTO-SDFL-00000016105 (emphasis added).

a unit interface for providing Upon information and belief, the Apple Computer with iTunes and Apple Dock Connector comprise a
connections to the portable
unit interface for providing connections to the Apple iOS Device.
wireless communication unit;
The Apple Computer with iTunes connects to the Apple iOS Devices through the Apple Dock
Connector. See, e.g., Apple Dock Connector to USB Cable,
(http://store.apple.com/us/product/MA591G/B/apple-dock-connector-to-usb-cable) accessed on
August 20, 2012, MOTO-SDFL-0000006589.

5

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

6

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10
See also, e.g., iOS: How to update your iPhone, iPad, or iPod touch,
http://support.apple.com/kb/HT4623) accessed on November 7, 2012, MOTO-SDFL-0000020230.

Upon information and belief, the Apple Dock Connector connects to a USB port on the Apple
Computer with iTunes and further connects to the dock connector of the Apple iOS Device. See, e.g.,
iPhone 4S Tech Specs, (http://www.apple.com/iphone/specs.html), accessed August 20, 2012,
MOTO-SDFL-0000006341 .

See also, e.g., iPhone 5 Tech Specifications, (http://www.apple.com/iphone/specs.html), accessed
October 28, 2012, MOTO-SDFL-0000016105 (emphasis added).

7

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See also, e.g., iPhone 5 Features (http://www.apple.com/iphone/features/), accessed October 28, 2012,
MOTO-SDFL0000016098 (emphasis added).

8

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See also, e.g., MacBook Pro with Retina display Tech Specs, (http://www.apple.com/macbookpro/specs/), accessed on August 20, 2012, MOTO-SDFL-0000006404.

9

EXHIBIT G

‘825 Patent Claim

a software downloader
comprising:

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

Upon information and belief, the Apple Computer with iTunes is a software downloader. See, e.g.,
iOS: How to update your iPhone, iPad, or iPod touch, (http://support.apple.com/kb/HT4623) accessed
on November 7, 2012, MOTO-SDFL-0000020230.

10

EXHIBIT G

‘825 Patent Claim

a processing unit operably
coupled to the unit interface
for detecting a flag, in the

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

Upon information and belief, the Apple Computer with iTunes and Apple Dock Connector includes a
processing unit operably coupled to the unit interface for detecting a flag, in the iOS Device, that
indicates availability of updated software to the iOS Device when the iOS Device is coupled to the
11

EXHIBIT G

‘825 Patent Claim
portable wireless
communication unit, that
indicates availability of
updated software to the
portable wireless
communication unit when
the portable wireless
communication unit is
coupled to the unit interface;

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10
unit interface.
Upon information and belief, the Apple Computer with iTunes includes a processor and is capable of
downloading updated software to the Apple iOS Device when coupled to the Apple iOS Device via
the Apple Dock Connector. See, e.g., MacBook Pro with Retina display – Technical Specifications,
(http://www.apple.com/macbook-pro/specs/), accessed August 28, 2012, MOTO-SDFL-0000006403.

Upon information and belief, when an Apple Computer with iTunes and Apple Dock Connector are
operably connected to the Apple iOS Device, iTunes launches. Upon information and belief, iTunes
determines whether new software for the Apple iOS Device is available for download based on the
state of a flag set in the Apple iOS Device. See, e.g., iOS: How to update your iPhone, iPad, or iPod
touch, (http://support.apple.com/kb/HT4623) accessed on November 7, 2012, MOTO-SDFL0000020230.

12

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

13

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10
Upon information and belief, an Apple iOS Device includes a flag that indicates the availability of a
software update for the Apple iOS Device that can be detected by iTunes. When a software update is
available for an Apple iOS Device, a notification is sent to the Apple iOS Device and a flag indicating
the availability of a software update for the Apple iOS Device is set. The "1" within the red box
below is a graphical indicator of the storage of a flag indicating availability of a software update
within the Apple iOS Device.
See, e.g., How To: Update iOS to the Latest Version, (http://www.148apps.com/news/update-ioslatest-version/), accessed on November 5, 2012, MOTO-SDFL-0000016090 (emphasis added).

See also Screenshots from iPhone 5 (emphasis added).

14

EXHIBIT G

‘825 Patent Claim

a land-based public
communication network
interface operably coupled to
the processing unit for
communicating with a server
to receive the updated
software; and

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

Upon information and belief, an Apple Computer with iTunes includes a land-based public
communication network interface operably coupled to the processor of the Apple Computer with
iTunes for communicating with a server to receive the updated software.
Upon information and belief, an Apple Computer with iTunes may connect to a server through a landbased public communication network through a wireless or wired connection to receive the updated
software. Upon information and belief, an Apple Computer with iTunes may connect to a land-based
public communications network via a wireless connection (e.g. 802.11) to a local area network
15

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10
connected to a land-based public communication network such as broadband, fiber optic, hybrid fibercoaxial, cable, DSL, dial-up/telephone/PTSN, or ISDN network.
See also, e.g., MacBook Pro 13- and 15-inch, (http://www.apple.com/macbook-pro/features/13-and15-inch/), accessed on August 28, 2012, MOTO-SDFL-0000006365.

See, e.g., MacBook Pro with Retina display Tech Specs, (http://www.apple.com/macbook-pro/specs/),
accessed on August 20, 2012, MOTO-SDFL-0000006404.

See also, e.g., MacBook Air – Compare the 11- and 13-inch MacBook Air,
(http://www.apple.com/macbookair/specs.html), accessed August 28, 2012, MOTO-SDFL0000006352.
16

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

Upon information and belief, an Apple Computer with iTunes may connect to a server through a landbased public communications network via a wired connection to a local area network connected to a
land-based public communication network such as a fiber optic network, cable, DSL, dialup/telephone, or ISDN network.
See also, e.g., Apple USB Ethernet Adapter,
(http://store.apple.com/us_smb_78313/product/MC704ZM/A/apple-usb-ethernet-adapter), accessed
on August 28, 2012, MOTO-SDFL-0000006589.

17

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See also, e.g., MacBook Air – Compare the 11- and 13-inch MacBook Air,
(http://www.apple.com/macbookair/specs.html), accessed August 28, 2012, MOTO-SDFL0000006352.

a memory operably coupled Upon information and belief, an Apple Computer with iTunes contains memory operably coupled to
to the processing unit for
the processing unit contained in the Apple Computer with iTunes for storing the updated software.
storing the updated software. See, e.g., MacBook Pro with Retina display Tech Specs, (http://www.apple.com/macbook-pro/specs/),
accessed August 28, 2012, MOTO-SDFL-0000006403-04.
18

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See, e.g., MacBook Pro 15-Inch Retina Display Mid-2012 Teardown,
http://www.ifixit.com/Teardown/MacBook+Pro+15Inch+Retina+Display+Mid+2012+Teardown/9462/3), accessed November 6, 2012, MOTO-SDFL0000016315.

19

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

Upon information and belief, the Apple Computer with iTunes downloads updated software from a
server and stores the updated software in memory. See, e.g., iOS: How to update your iPhone, iPad,
or iPod touch, (http://support.apple.com/kb/HT4623), accessed on November 7, 2012, MOTO-SDFL0000020230 (emphasis added).

20

EXHIBIT G

‘825 Patent Claim

14. The integrated battery
charger and software
downloader of claim 13,
further comprising the
battery charger operably
coupled to the unit interface.

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

Upon information and belief, the Apple Computer with iTunes comprises a battery charger operably
connected to the Apple Dock Connector. See, e.g., iPhone and iPod touch: Charging the battery,
(http://support.apple.com/kb/HT1476), accessed on September 5, 2012, MOTO-SDFL-0000006596
(underline added).

21

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

See also, e.g., iPad: Charging the battery, (http://support.apple.com/kb/HT4060), accessed on
September 5, 2012, MOTO-SDFL-0000006601 (underline added).

See also, e.g., Apple Computers and Displays: Powering peripherals through USB,
(http://support.apple.com/kb/HT4049?viewlocale=en_US), accessed September 5, 2012, MOTOSDFL-0000006598.

22

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10

23

EXHIBIT G

‘825 Patent Claim

Representative Apple Products: Apple iOS Device, Apple Dock Connector and an Apple
Computer with iTunes 10
See also, e.g., iPhone 5 Tech Specs, (http://www.apple.com/iphone/specs.html), accessed November
6, 2012, MOTO-SDFL-0000016105 (emphasis added).

24