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 H

EXHIBIT H
UNITED STATES PATENT NO. 6,002,948
PRELIMINARY INFRINGEMENT CONTENTIONS1
Accused Apple Products: The Apple iPhone line of products and related services, for example,
iPhone 3GS
iPhone 4
iPhone 4S
iPhone 52.
Motorola reserves the right to supplement this list of Accused Apple Products.
Apple directly infringes the ‘948 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 ‘948 patent through its development, testing, use, distribution and sale of its
products and services, Apple also indirectly infringes the ‘948 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 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
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 "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.
1

EXHIBIT H
or should have known that these actions would cause direct infringement of the ‘948 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 ‘948 patent as an exhibit. Despite knowing of the ‘948
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. Hereinafter, the
Accused Apple Products will be referred to as "iPhone."

‘948 Patent Claim

Representative Apple Products:

iPhone

9. In a two-way
communication system
having provider
equipment, and first and
second subscriber units
that supports a plurality
of communication
modes, a method
comprising the steps of:

The iPhone operates in a two-way communication system. The iPhone's two way communication methods
include but are not limited to telephone, SMS, FaceTime, and iMessage. These communications may take
place over cellular networks. The two-way communication system has provider equipment including
network equipment. The iPhone is a subscriber unit because, for example, it is a mobile unit that can access
a wireless network.
The iPhone supports a plurality of communication modes including, among others, telephone interconnect
mode, short message mode, and circuit packet data mode.

Telephone interconnect mode is accessed by the iPhone through the Phone application, among others.

2

EXHIBIT H

‘948 Patent Claim

Representative Apple Products:

iPhone

3

4

Short message mode is accessed by the iPhone through the Messages application, among others.

3

http://www.apple.com/ios/whats-new/ (last accessed November 7, 2012) (MOTO-SDFL-19794-19813).

4

iPhone User Guide (iOS 6) at 57 (MOTO-SDFL-16189).
3

EXHIBIT H

‘948 Patent Claim

Representative Apple Products:

iPhone

5

And circuit packet data mode is accessed through the FaceTime and Messages applications, among others.

6

5

iPhone User Guide (iOS 6) at 82 (MOTO-SDFL-16214).

6

http://support.apple.com/kb/ht4319 (accessed November 7, 2012) (MOTO-SDFL-20028-20031).
4

EXHIBIT H

‘948 Patent Claim

Representative Apple Products:

iPhone

7

8

7

http://support.apple.com/kb/ht4319 (accessed November 7, 2012) (MOTO-SDFL-20028-20031).

8

http://www.apple.com/ios/ios6/ (accessed November 7, 2012) (MOTO-SDFL-19794-19813).
5

EXHIBIT H

‘948 Patent Claim

Representative Apple Products:

iPhone

9

10

9

iPhone User Guide (iOS 6) at 47 (MOTO-SDFL-16179).

10

iPhone User Guide (iOS 5.1) at 60 (MOTO-SDFL-20319).
6

EXHIBIT H

‘948 Patent Claim

Representative Apple Products:

iPhone

11

11

iPhone User Guide (iOS 6) at 64 (MOTO-SDFL-16196).
7

EXHIBIT H

at the subscriber unit:

As described above, the iPhone supports a plurality of communication modes, including a telephone
interconnect mode (e.g., phone), short message mode (e.g., SMS), and circuit packet data mode (e.g.,
FaceTime, iMessage).

selecting a particular
communication mode
from among a plurality of At the subscriber unit, a particular communication mode from among a plurality of communications modes
supported by the second subscriber unit may be selected.
communication modes
supported by the second
Telephone interconnect mode:
subscriber unit, wherein
the particular
communication mode
indicates a type of
communication link to be
established between the
first and second
subscriber units;

12

Short message mode:

13

12

iPhone 4S Finger Tips Guide (MOTO-SDFL-19999).
8

EXHIBIT H

Circuit packet data mode:

14

15

The particular communication mode indicates a type of communication link to be established between the
first and second subscriber units.16

13

iPhone 4S Finger Tips Guide (MOTO-SDFL-19999).

14

iPhone 4S Finger Tips Guide (MOTO-SDFL-19999).

15

iPhone 4S Finger Tips Guide (MOTO-SDFL-19999).

16

E.g., 3GPP TS 23.040 v.6.9.0 (6/2008) at 3.2.3 (SMS) (MOTO-SDFL-19428).
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EXHIBIT H
The Phone application, using telephone interconnect mode, connects using, for example, a cellular
connection as the type of communication link.

17

The Messages application, when sending SMS messages using the short message mode, connects using, for
example, a cellular connection as the type of communication link.
18

The FaceTime application, using the circuit packet data mode, connects using, for example, a cellular or
wifi connection as the type of communication link.

17

iPhone User Guide (iOS 6) at 10 (MOTO-SDFL-16142).

18

iPhone User Guide (iOS 6) at 64 (MOTO-SDFL-16196).
10

EXHIBIT H

19

20

21

19

iPhone User Guide (iOS 6) at 47 (MOTO-SDFL-16179).

20

http://support.apple.com/kb/ht4319 (accessed November 7, 2012) (MOTO-SDFL-20028-20031).

21

http://www.apple.com/ios/ios6/ (accessed November 7, 2012) (MOTO-SDFL-19794-19813).
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EXHIBIT H
The Messages application, when sending iMessages using the circuit packet data mode, connects using, for
example, a cellular or wifi connection as the type of communication link.

22

obtaining a mode
independent identifier for
the second subscriber
unit, which mode
independent identifier
identifies the second
subscriber unit
independent of the
communication mode
selected from among the
plurality of
communication modes;
and

22

The accused Apple devices obtain a mode independent identifier for the second subscriber unit, which
mode independent identifier identifies the second subscriber unit independent of the communication mode
selected from among the plurality of communication modes.
As shown above, the iPhone uses a telephone number as a mode independent identifier to communicate
using various modes of communication.
The iPhone supports a plurality of communication modes, including a telephone interconnect mode (e.g.,
phone), short message mode (e.g., SMS), and circuit packet data mode (e.g., FaceTime, iMessage). The
iPhone can communicate through all of these modes using the telephone number of another device.
The iPhone allows, for example below in Contacts, that a single contact can be reached using three different
message modes (telephone interconnect mode, short message mode, and circuit packet data mode) using the
phone number:

iPhone User Guide (iOS 6) at 64 (MOTO-SDFL-16196).
12

EXHIBIT H

23

The iPhone further allows, for example in Messages, that a single contact can be reached using three
different message modes (telephone interconnect mode, short message mode, and circuit packet data mode)
using the phone number:

23

iPhone User Guide (iOS 6) at 100 (MOTO-SDFL-16232).
13

EXHIBIT H

A phone number can identify a second device, or subscriber unit, when the device is using the FaceTime
communication mode.

24

A phone number can identify a second device, or subscriber unit, when the device is using the circuit
packet data mode (e.g., iMessage).

25

24

iPhone User Guide (iOS 6) at 47 (MOTO-SDFL-16179).

25

iPhone 4S Finger Tips Guide (MOTO-SDFL-19999).
14

EXHIBIT H

A phone number can identify a second device, or subscriber unit, when is the device is using the telephone
interconnect mode (by the iPhone Phone application).

26

27

transmitting the mode
independent identifier
and the particular
communication mode on
a communication channel
to the provider
equipment.

The accused Apple products transmit the mode independent identifier and the particular communication
mode on a communication channel to the provider equipment.
When telephone interconnect mode is in use, the mode independent identifier (phone number) and the
communication mode are transmitted to the wireless network. When short message mode is in use, the
mode independent identifier (phone number) and the communication mode are transmitted to the wireless
network. When circuit packet data mode is in use, the mode independent identifier (phone number) and the

26

iPhone User Guide (iOS 6) at 43 (MOTO-SDFL-16175).

27

iPhone User Guide (iOS 6) at 44 (MOTO-SDFL-16176).
15

EXHIBIT H
communication mode are transmitted to the wireless network.
For example, to initiate a FaceTime call, or to send an iMessage, a user can select the mode independent
identifier (phone number). See iPhone User Guide at 60,
http://manuals.info.apple.com/en_US/iphone_user_guide.pdf ("Make a FaceTime call: In Contacts, choose
a name, tap FaceTime, then tap the phone number or email address the person uses for FaceTime.") The
phone number and information identifying the communication mode (i.e. FaceTime or iMessage) is then
sent to the provider equipment as part of establishing a connection for the purpose of making a FaceTime
call or sending an iMessage.
10. The method of claim
9, wherein the particular
communication mode is
selected from among a
telephone communication
mode, a dispatch
communication mode,
and a short message
communication mode.
11. The method of claim
9, wherein the
communication mode is
selected from among a
telephone communication
mode, and a circuit data
mode.
12. The method of claim
9, wherein the
communication mode is
selected from among a
telephone communication
mode, and a packet data
mode.

Claim 9 is incorporated herein by reference.
As discussed in relation to claim 9, the communication mode may be selected from among the telephone
communication mode, a dispatch communication mode, and a short message communication mode.

Claim 9 is incorporated herein by reference.
As discussed in relation to claim 9, the communication mode may be selected from among a telephone
communication mode, and a circuit data mode.

Claim 9 is incorporated herein by reference.
As discussed in relation to claim 9, the communication mode may be selected from among a telephone
communication mode, and a packet data mode.

16