Motorola Mobility, Inc. v. Microsoft Corporation

Filing 125

NOTICE by Microsoft Corporation re #124 Defendant's MOTION Claim Construction of Filing Exhibits (Attachments: #1 Appendix (Index to Exhibits), #2 Exhibit 101, #3 Exhibit 102, #4 Exhibit 201, #5 Exhibit 301, #6 Exhibit 302, #7 Exhibit 304, #8 Exhibit 305, #9 Exhibit 501, #10 Exhibit 502, #11 Exhibit 504, #12 Exhibit 601, #13 Exhibit 801 (Part 1), #14 Exhibit 801 (Part 2), #15 Exhibit 901, #16 Exhibit 902, #17 Exhibit 903, #18 Exhibit 904, #19 Exhibit 905, #20 Exhibit 1101, #21 Exhibit 1102, #22 Exhibit 1105, #23 Exhibit 1110, #24 Exhibit 1114, #25 Exhibit 1115, #26 Exhibit 1116, #27 Exhibit 1201, #28 Exhibit 1301, #29 Exhibit 1302, #30 Exhibit 1303, #31 Exhibit 1304, #32 Exhibit 1305, #33 Exhibit 1401, #34 Exhibit 1402, #35 Exhibit 1403, #36 Exhibit 1404, #37 Exhibit 1405, #38 Exhibit 1406, #39 Exhibit 1407, #40 Exhibit 1408, #41 Exhibit 1409)(Miner, Curtis)

EXHIBITS ACCOMPANYING MICROSOFT’S CLAIM CONSTRUCTION BRIEF
‟536 Patent
Ex. 101

U.S. Patent No. 6,791,536 to Keely, et al., entitled Simulating Gestures of a
Pointing Device using a Stylus and Providing Feedback Thereto (filed March
23, 2001)

Ex. 102

Microsoft Computer Dictionary (5th ed. 2002) (excerpts)

‟853 Patent
Ex. 201

U.S. Patent No. 6,897,853 to Keely, et al., entitled Highlevel Active Pen Matrix
(filed December 15, 2000)

‟214 and „310 Patents
Ex. 301

U.S. Patent No. 7,024,214 to Loveland, entitled Synchronizing over a Number
of Synchronization Mechanisms Using Flexible Rules (filed February 26, 2002)

Ex. 302

U.S. Patent No. 7,493,130 to Loveland, entitled Synchronizing over a Number
of Synchronization Mechanisms Using Flexible Rules (filed January 26, 2006)

Confidential

Excerpt From Rebuttal Report of Tal Lavian (June 24, 2011)

Ex. 303
Ex. 304

Prosecution history for U.S. Patent No. 7,024,214

Ex. 305

Webster's Third New International Dictionary (1993) (excerpts)

‟460 Patent
Ex. 501

U.S. Patent No. 7,383,460 to Sherwin et al., entitled Method and System for
Configuring a Timer (filed March 25, 2005)

Ex. 502

Claims as filed with original application (March 25, 2005)

Ex. 503

Intel Architecture/Personal Computer (lA/PC) HPET (High Precision Event
Timers) Specification, Revision 1.0a, October 2004

Ex. 504

U.S. Application No. 2003/0204792 to Cahill et al., entitled Watch Dog Timer
using a High Precision Event Timer.

‟904 Patent
Ex. 601
‟839 Patent

U.S. Patent No. 6,897,904 to Potrebic et al., entitled Method and Apparatus for
Selecting Among Multiple Tuners.

Ex. 801

U.S. Patent No. 5,502,839 to Kolnick, entitled Object-Oriented Software
Architecture Supporting Input/Output Device Independence.

‟899 Patent
Ex. 901

U.S. Patent No. 5,764,899 to Eggleston et al., entitled Method and Apparatus
for Communicating an Optimized Reply (filed December 19, 2995)

Ex. 902

Re-examination history (filed September 26, 2008) for U.S. Patent No.
5,764,899 (excerpts)

Ex. 903

Re-examination history (filed September 26, 2008) for U.S. Patent No.
5,764,899 (excerpts)

Ex. 904

Re-examination history (filed September 26, 2008) for U.S. Patent No.
5,764,899 (excerpts)

Ex. 905

Microsoft Computer Dictionary (1991) (excerpts)

‟001 Patent
Ex. 1001

U.S. Patent No. 5,784, 001 to Deluca et al., entitled Method and Apparatus for
Presenting Graphic Messages in a Data Communications Receiver (filed July
21, 1997)

Ex. 1002

Prosecution History for U.S. Patent No. 5,784,001 (original claims)

Ex. 1003

Prosecution History for U.S. Patent No. 5,784,001 (amended claims)

Confidential

Excerpts from the deposition of Douglas Kraul, an inventor of the ‟001 patent
(Jun. 9, 2011)

Ex. 1004
„333 Patent
Ex. 1101

U.S. Patent No. 6,272,333 to Smith, Method and Apparatus in a Wireless
Communication System for Controlling a Delivery of Data (filed June 12, 1998)
[Smith Dep. Ex. 13]

Ex. 1102

Prosecution History for U.S. Patent No. 6,272,333 to Smith [Smith Dep. Ex. 14]

Ex. 1103

Deluca „737 reference cited during prosecution of the ‟333 patent (filed June
24, 1996) [Smith Dep. Ex. 15]

Ex. 1104

Grube „366 reference cited during prosecution of the ‟333 patent (filed Oct. 14,
1997) [Smith Dep. Ex. 16]

Ex. 1105

Smith „085 patent cited during prosecution of the ‟333 patent (filed Apr. 17,
1998) [Smith Dep. Ex. 18]

Ex. 1106

U.S. Patent No. 5,930,472 to Smith (filed Apr. 29, 1998) [Smith Dep. Ex. 17]

Ex. 1107

U.S. Patent No. 6,091,959 to Smith et al. (filed June 2, 1999) [Smith Dep. Ex.
19]

Ex. 1108

U.S. Patent No. 6,351,221 to Smith et al. (filed June 15, 1999) [Smith Dep. Ex.
22]

Ex. 1109

U.S. Patent No. 6,198,931 to Smith et al. (filed July 28, 1999) [Smith Dep. Ex.
20]

Ex.1110

Webster‟s Third New International Dictionary (1993)

Confidential

Excerpts from the deposition of Dwight Randall Smith, the inventor of the ‟333
patent (May 26, 2010)

Ex. 1111
Confidential
Ex. 1112

Excerpts from the second deposition of Dwight Randall Smith, the inventor of
the ‟333 patent (Apr. 13, 2011)

Ex. 1113

Motorola‟s infringement contentions for claims 1, 3, 5–7, and 12–13 of the ‟333
patent (Apr. 15, 2011)

Ex. 1114

Chart summarizing amendments made during prosecution of the ‟333 patent

Ex. 1115

Chart showing use of the term “fixed portion” in the patent and in the prior art

Ex. 1116

Chart comparing use of the term “subscriber unit” in the patent to use of the
term “portable subscriber unit” in contemporaneous patents

‟544 Patent
Ex. 1201

U.S. Patent No. 6,757,544 to Rangarajan et al., System and Method for
Determining a Location Relevant to a Communication Device and/or its
Associated User (filed on August 15, 2001)

‟176 Patent
Ex. 1301

U.S. Patent No. 6,408,176 to Urs, Method and Apparatus for Initiating a
Communication in a Communication System (filed July 13, 1998)

Ex. 1302

01/19/2001 Amendment in Prosecution History for U.S. Patent No. 6,408,176
to Urs.

Ex. 1303

JONAS C. NADER, PRENTICE HALL‟S ILLUSTRATED DICTIONARY OF COMPUTING
210 (2nd ed. 1995)

Ex. 1304

MICHAEL F. HORDESKI, THE MCGRAW-HILL ILLUSTRATED DICTIONARY OF
PERSONAL Computers 174 (4th ed. 1995)

Ex. 1305

MERRIAM Webster‟s COLLEGIATE DICTIONARY 412 (10th ed. 1993)

‟370 Patent
Ex. 1401

U.S. Patent No. 6,983,370 to Eaton, et al., System for providing continuity
between messaging clients and method therefor (filed on November 27, 2001)

Ex. 1402

Prosecution history for U.S. Patent No. 6,983,370

Ex. 1403

9/20/2005 Amendment, excerpt of prosecution history for U.S. Patent No.
6,983,370

Ex. 1404

Office Action dated June 15, 2005.

Ex. 1405

U.S. Patent No. 6,101,531 to Eggleston, et al., System for communicating userselected criteria filter prepared at wireless client to communication server for
filtering data transferred from host to said wireless client (filed April 15, 1998).

Ex. 1406

Microsoft Computer Dictionary (4th ed. 1999) (excerpts).

Ex. 1407

Newton‟s Telecom Dictionary, (13th ed. 1998), (14th ed. 1998), (15th ed.
1999), (16th ed. 2001), and (17th ed. 2001) (excerpts).

Confidential

Excerpts from the deposition of Von Alan Mock, an inventor of the ‟370 patent
(June 28, 2011).

Ex. 1408
Ex. 1409
Ex. 1410

McGraw Hill Dictionary of Scientific and Technical Terms (4th ed. 1989) and
(5th ed. 1994) (excerpts).
McGraw-Hill Electronics. Dictionary, (6th ed. 1997) (excerpts).