Motorola Mobility, Inc. v. Microsoft Corporation

Filing 123

MOTION on Opening Claim Construction Brief by Motorola Mobility, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit C, #4 Exhibit Part 1 of 18 to Affidavit C, #5 Exhibit Part 2 of 18 to Affidavit C, #6 Exhibit Part 3 of 18 to Affidavit C, #7 Exhibit Part 4a of 18 to Affidavit C, #8 Exhibit Part 4b of 18 to Affidavit C, #9 Exhibit Part 5 of 18 to Affidavit C, #10 Exhibit Part 6 of 18 to Affidavit C, #11 Exhibit Part 7 of 18 to Affidavit C, #12 Exhibit Part 8 of 18 to Affidavit C, #13 Exhibit Part 9 of 18 to Affidavit C, #14 Exhibit Part 10 of 18 to Affidavit C, #15 Exhibit Part 11 of 18 to Affidavit C, #16 Exhibit Part 12 of 18 to Affidavit C, #17 Exhibit Part 13 of 18 to Affidavit C, #18 Exhibit Part 14 of 18 to Affidavit C, #19 Exhibit Part 15 of 18 to Affidavit C, #20 Exhibit Part 16 of 18 to Affidavit C, #21 Exhibit Part 17 of 18 to Affidavit C, #22 Exhibit Part 18 of 18 to Affidavit C)(Mullins, Edward) Modified to re-docket, see 134 on 7/22/2011 (asl).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 10-24063-CIV-MORENO
MOTOROLA MOBILITY, INC.,
Plaintiff / Counterclaim Defendant,
v.
MICROSOFT CORPORATION,
Defendant / Counterclaim Plaintiff.

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DECLARATION OF LESLIE M. SPENCER
I, Leslie M. Spencer, declare:
1.

I am an attorney admitted to practice in the State of New York. I am

admitted pro hac vice in this Court. I am an associate at the law firm of Ropes & Gray LLP, 1211
Avenue of the Americas, New York, NY 10036. Ropes & Gray LLP is counsel for Plaintiff
Motorola, Inc. As such, I have personal knowledge of the facts set forth herein.
2.

I make this declaration in support of Motorola’s Opening Claim

Construction Brief, filed concurrently herewith.
3.

Exhibit 1 is a true and correct copy of a document bearing production

numbers MOTM-24063-0003923-3934, which is a copy of United States Patent No. 6,272,333.
4.

Exhibit 2 is a true and correct copy of selected pages from United States

Patent No. 6,272,333. Intrinsic evidence relating to the term “controlling a delivery of data” has
been highlighted for emphasis.

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5.

Exhibit 3 is a true and correct copy of selected pages from “Microsoft Press

Computer User’s Dictionary” and bears a copyright date of 1998. The definition of the term “data”
has been highlighted for emphasis.
6.

Exhibit 4 is a true and correct copy of selected pages of United States Patent

No. 6,272,333. Intrinsic evidence relating to the term “data” has been highlighted for emphasis.
7.

Exhibit 5 is a true and correct copy of selected pages from United States

Patent No. 6,272,333. Intrinsic evidence relating to the term “fixed portion of a/the wireless

communication system” has been highlighted for emphasis.
8.

Exhibit 6 is a true and correct copy of selected pages from United States

Patent No. 6,272,333. Intrinsic evidence relating to the term “subscriber unit” has been highlighted
for emphasis.
9.

Exhibit 7 is a true and correct copy of selected pages from United States

Patent No. 6,272,333. Intrinsic evidence relating to the term “application registry comprising a

list of all software applications that are currently accessible to the subscriber unit” has been
highlighted for emphasis.
10.

Exhibit 8 is a true and correct copy of selected pages from a document

bearing production numbers MOTM-24063-0001653-1731, which is a copy of the prosecution
history for United States Patent No. 6,272,333.
11.

Exhibit 9 is a true and correct copy of a document bearing production

numbers MOTM-24063-01866577-01866583, which is a copy of United States Patent No.
6,408,176.
12.

Exhibit 10 is a true and correct copy of selected pages from United States

Patent No. 6,408,176. Intrinsic evidence relating to the term “caller-related information” has been
highlighted for emphasis.
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13.

Exhibit 11 is a true and correct copy of selected pages from a document

bearing production numbers MOTM-24063-0001315-1570, which is a copy of the prosecution
history for United States Patent No. 6,408,176. Intrinsic evidence relating to the term “caller-

related information” has been highlighted for emphasis.
14.

Exhibit 12 is a true and correct copy of selected pages from United States

Patent No. 6,408,176. Intrinsic evidence relating to the order of operation of the steps of

“extracting” the caller-related information and “converting” caller-related information has
been highlighted for emphasis.
15.

Exhibit 13 is a true and correct copy of selected pages from United States

Patent No. 6,408,176. Intrinsic evidence relating to the term “fixed network equipment” has been
highlighted for emphasis.
16.

Exhibit 14 is a true and correct copy of a document bearing production

numbers MOTM-24063-01866599-01866649, which is a copy of United States Patent No.
6,983,370.
17.

Exhibit 15 is a true and correct copy of selected pages from United States

Patent No. 6,983,370. Intrinsic evidence relating to the term “messaging session” has been
highlighted for emphasis.
18.

Exhibit 16 is a true and correct copy of selected pages from United States

Patent No. 6,983,370. Intrinsic evidence relating to the term “providing continuity between a

plurality of messaging clients” has been highlighted for emphasis.
19.
Patent No. 6,983,370.

Exhibit 17 is a true and correct copy of selected pages from United States
Intrinsic evidence relating to the terms “first messaging client” and

“second messaging client” has been highlighted for emphasis.

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20.

Exhibit 18 is a true and correct copy of selected pages from “Microsoft Press

Computer User’s Dictionary” and bears a copyright date of 2002. The definition of the term
“messaging client” has been highlighted for emphasis..
21.

Exhibit 19 is a true and correct copy of selected pages from United States

Patent No. 6,983,370. Intrinsic evidence relating to the terms “a first messaging client, for

establishing a first communication connection including a plurality of client data with a
message server” and “a second messaging client for receiving the plurality of client data
from the first messaging client and for establishing a second communication connection
including the plurality of client data with the message server” has been highlighted for
emphasis.
22.

Exhibit 20 is a true and correct copy of a document bearing production

numbers MOTM-24063-01866553-01866566, which is a copy of United States Patent No.
5,784,001.
23.

Exhibit 21 is a true and correct copy of selected pages from United States

Patent No. 5,784,001. Intrinsic evidence relating to the terms “a method for displaying messages

in a data communication receiver” and “a data communication receiver for presenting
information” has been highlighted for emphasis.
24.

Exhibit 22 is a true and correct copy of selected pages from United States

Patent No. 5,784,001. Intrinsic evidence relating to the terms “referencing a database to

determine whether at least one word included in the alphanumeric message matches at least
one key word included in the database,” “determining whether at least one word included in
the alphanumeric message matches at least one key word included in the database” and
“determining whether at least one alphanumeric word included in the message matches at

least one key word included in the database” has been highlighted for emphasis.
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25.

Exhibit 23 is a true and correct copy of selected pages from Microsoft Press

Computer Dictionary Second Edition: The Comprehensive Standard for Business, School, Library,
and Home” and bears a copyright date of 1994. The definition of the term “alphanumeric” has
been highlighted for emphasis.
26.

Exhibit 24 is a true and correct copy of selected pages from a document

bearing production numbers MOTM-24063-0000555-0000803, which is a copy of the prosecution
history for United States Patent No. 5,784,001. Intrinsic evidence relating to the terms “graphic

message that is accompanied by the alphanumeric message,” “graphic message
accompanied by the alphanumeric message” and “graphic message accompanied by the
message” has been highlighted for emphasis.
27.

Exhibit 25 is a true and correct copy of selected pages from International

Publication Number WO 91/03885. Evidence relating to the terms “a method for displaying

messages in a data communication receiver” and “a data communication receiver for
presenting information” has been highlighted for emphasis.
28.

Exhibit 26 is a true and correct copy of a document bearing production

numbers MOTM-24063-0009785-0009799, which is a copy of United States Patent No. 6,757,544.
29.

Exhibit 27 is a true and correct copy of selected pages from a document

bearing production numbers MOTM-24063-9108-9336, which is a copy of the prosecution history
for United States Patent No. 6,757,544. Intrinsic evidence relating to the term “specific location

information of the communication device” has been highlighted for emphasis.
30.

Exhibit 28 is a true and correct copy of selected pages from United States

Patent No. 6,757,544. Intrinsic evidence relating to the term “determining the location relevant

to the user by comparing the list of location parameters with the specific location
information” has been highlighted for emphasis.
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31.

Exhibit 29 is a true and correct copy of a document bearing production

numbers MOTM-24063-0015973-0015991, which is a copy of United States Patent No. 5,764,899.
32.

Exhibit 30 is a true and correct copy of selected pages from United States

Patent No. 5,764,899. Intrinsic evidence relating to the terms “a host server” and “a host server in

communication with the communication server” has been highlighted for emphasis.
33.

Exhibit 31 is a true and correct copy of selected pages from United States

Patent No. 5,764,899. Intrinsic evidence relating to the terms “email” and “e-mail” has been
highlighted for emphasis.
34.

Exhibit 32 is a true and correct copy of selected pages from a document

bearing production numbers MOTM-24063-0019496-0019618, which is a copy of United States
Patent No. 5,502,839.
35.

Exhibit 33 is a true and correct copy of selected pages from United States

Patent No. 5,502,839. Intrinsic evidence relating to the term “source of virtual input” has been
highlighted for emphasis.
36.

Exhibit 34 is a true and correct copy of selected pages from United States

Patent No. 5,502,839.

Intrinsic evidence relating to the term “picture element” has been

highlighted for emphasis.
37.

Exhibit 35 is a true and correct copy of selected pages from United States

Patent No. 5,502,839. Intrinsic evidence relating to the term ““means for performing processing

operations on said virtual input and for generating virtual output”” has been highlighted for
emphasis.
38.

Exhibit 36 is a true and correct copy of selected pages from United States

Patent No. 5,502,839. Intrinsic evidence relating to the term “means for accepting said virtual

output” has been highlighted for emphasis.
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39.

Exhibit 37 is a true and correct copy of selected pages from United States

Patent No. 5,502,839. Intrinsic evidence relating to the term “means for converting said virtual

output into at least one physical output suitable for use by at least one physical output
device” has been highlighted for emphasis.
40.

Exhibit 38 is a true and correct copy of selected pages from United States

Patent No. 5,502,839. Intrinsic evidence relating to the term “picture manager process” has been
highlighted for emphasis.
41.

Exhibit 39 is a true and correct copy of a document bearing production

numbers MOTM-24063-38118-38128, which is a copy of United States Patent No. 7,024,214.
42.

Exhibit 40 is a true and correct copy of selected pages from United States

Patent No. 7,024,214. Intrinsic evidence relating to the term “synchronization mechanism” has
been highlighted for emphasis.
43.

Exhibit 41 is a true and correct copy of selected pages from a document

bearing production numbers MOTM_24063-01355463-01355713, which is a copy of the
prosecution history for United States Patent No. 7,493,130. Intrinsic evidence relating to the term
“synchronization mechanism” has been highlighted for emphasis.
44.

Exhibit 42 is a true and correct copy of selected pages from United States

Patent No. 7,024,214. Intrinsic evidence relating to the term “flexible schedule rules” has been
highlighted for emphasis.
45.

Exhibit 43 is a true and correct copy of a document bearing production

numbers MOTM-24063-0039382-0039393, which is a copy of United States Patent No. 6,791,536.
46.

Exhibit 44 is a true and correct copy of selected pages from United States

Patent No. 6,791,536. Intrinsic evidence relating to the terms “generating at least one event

representing an activation of the primary switch of the pointing device” and “generating at
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least one event representing an activation of the secondary switch of the pointing device”
has been highlighted for emphasis.
47.

Exhibit 45 is a true and correct copy of selected pages from a document

bearing production numbers MOTM-24063-0039382-0039393, which is a copy of the prosecution
history for United States Patent No. 6,791,536. Intrinsic evidence relating to the terms “generating

at least one event representing an activation of the primary switch of the pointing device”
and “generating at least one event representing an activation of the secondary switch of the

pointing device” has been highlighted for emphasis.
48.

Exhibit 46 is a true and correct copy of selected pages from “Microsoft Press

Computer User’s Dictionary” and bears a copyright date of 2002. The definition of the term “click”
has been highlighted for emphasis.
49.

Exhibit 47 is a true and correct copy of a document bearing production

numbers MOTM_24063-0039394-0039406, which is a copy of United States Patent No. 6,897,853.
50.

Exhibit 48 is a true and correct copy of selected pages from United States

Patent No. 6,897,853. Intrinsic evidence relating to the terms “determining ….” has been
highlighted for emphasis.
51.

Exhibit 49 is a true and correct copy of U.S. Provisional Application

52.

Exhibit 50 is a true and correct copy of a document bearing production

60/247,400.

numbers MOTM_24063_II_0014890-00014904 which is a copy of United States Patent No.
7,383,460.
53.

Exhibit 51 is a true and correct copy of selected pages from a document

bearing production numbers MOTM_24063-0075009-0075041, which is titled “IA-PC HPET (High

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Precision Event Timers) Specification and dated October 2004. Evidence relating to the term “high

precision event timer (HPET)” has been highlighted for emphasis.
54.

Exhibit 52 is a true and correct copy of a document bearing production

numbers MOTM_24063-009434-009445, which is a copy of United States Patent No. 6,897,904.
Intrinsic evidence relating to the term “program content currently being tuned” has been
highlighted for emphasis.
55.

Exhibit 53 is a true and correct copy of select pages from a document

bearing production numbers MOTM_24063-01896665-01896815, which is a copy of SMAPI
USER’S GUIDE – IBM VIA VOICE SOFTWARE DEVELOPER’S KIT.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 21, 2011, in New York, NY.
/s/ Leslie M. Spencer
Leslie M. Spencer
ROPES & GRAY LLP

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