Motorola Mobility, Inc. v. Microsoft Corporation

Filing 127

NOTICE by Microsoft Corporation re #126 Defendant's MOTION for Summary Judgment (Redacted) of Filing Exhibits (Attachments: #1 Appendix Statement of Material Facts, #2 Appendix Index to Exhibits, #3 Exhibit 1 (Part 1), #4 Exhibit 1 (Part 2), #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 17, #14 Exhibit 19, #15 Exhibit 20)(Miner, Curtis)

CONTAINS CONFIDENTIAL BUSINESS INFORMATION
SUBJECT TO PROTECTIVE ORDER

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 1:10-cv-24063-MORENO

MOTOROLA MOBILITY, INC.,
Plaintiff,
vs.
MICROSOFT CORPORATION,
Defendant.

MICROSOFT CORPORATION,
Counterclaim Plaintiff,
vs.
MOTOROLA MOBILITY, INC.,
Counterclaim Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

MICROSOFT CORPORATION’S STATEMENT OF MATERIAL FACTS
EXHIBIT A

FACT

SUPPORT

Motorola accuses Microsoft of infringing claims 916 and 18-23 of U.S. Patent No. 5,502,839 (the
'839 patent)with Windows Presentation
Foundation (“WPF”) component of the .NET
Framework for the Windows 7 operating system,
the Silverlight Application Programming Interface
(“API”) with the Windows 7 operating system, the
Silverlight for Windows Phone API with the
Windows Phone 7 operating system, the Direct2D
API with the Windows 7 operating system, as well
as each of those products – except for Silverlight
for Windows Phone –with the Windows Vista
operating system.

First Expert Report of John Sibert, Ph.D.
Regarding Whether Certain Claims of U.S.
Patent No. 5,502,839 are Practiced by
Defendant Microsoft Corporation at ¶31
and Exhibits B-E.

Claims 9 and 10-14 require a “source of virtual
input.”

U.S.P.N. 5,502,839.

Claims 15, 16, and 18-23 require “an interface
between processes and data in said system and
physical input” and “means responsive to one of
said physical input devices for generating a
picture.”

U.S.P.N. 5,502,839.

Microsoft's proposed construction of the term
"source of virtual input " is " a physical input
device corresponding to a virtual input device."

Defendant Microsoft Corporation's
Disclosure of Proposed Claim
Constructions.

Motorola's proposed construction for the term "
source of virtual input " is " A process which
generates one or more picture elements from user
input."

Defendant Microsoft Corporation's
Disclosure of Proposed Claim
Constructions.

Microsoft's proposed construction of the term "
means responsive to one of said physical input
devices for generating a picture " is " generating a
picture from the input from a physical input
device."

Defendant Microsoft Corporation's
Disclosure of Proposed Claim
Constructions.

CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER, Page 2

FACT

SUPPORT

Motorola's proposed construction for the term "
means responsive to one of said physical input
devices for generating a picture " is " generating a
picture comprising one or more picture elements
responsive to a user‟s interaction with a physical
input device."

Defendant Microsoft Corporation's
Disclosure of Proposed Claim
Constructions.

Motorola accuses Microsoft of infringing claims 1,
4, and 6 of U.S. Patent No. 5,784,001 (the '001
patent)with Windows Live Messenger 2011.

First Expert Report of Dr. Martin E.
Kaliski, Ph.D. Regarding Whether Certain
Claims of U.S. Patent No. 5,783,001 (sic)
are Practiced by Defendant Microsoft
Corporation at ¶27 and Exhibit D.

Claim 1 requires "presenting…the at least one
U.S.P.N. 5, 784,001.
image as a graphic message that is accompanied by
the alphanumeric message on a display."
Claim 4 requires "a display…for presenting…the
at least one image as a graphic message
accompanied by the alphanumeric message."

U.S.P.N. 5, 784,001.

Claim 6 requires "a display … for presenting…a
corresponding image as a graphic message
accomplished by the message."

U.S.P.N. 5, 784,001.

Microsoft's proposed construction of the term
"graphic message that is accompanied by the
alphanumeric message"/"graphic message
accompanied by the alphanumeric
message"/"graphic message accompanied by the
message" is "At least one supplemental image is
displayed along with the entire alphanumeric
message."

Defendant Microsoft Corporation's
Disclosure of Proposed Claim
Constructions.

CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER, Page 3

FACT

SUPPORT

Motorola's proposed construction for the term
"graphic message that is accompanied by the
alphanumeric message"/"graphic message
accompanied by the alphanumeric
message"/"graphic message accompanied by the
message" is "At least one image is displayed along
with a portion of, or the entire, alphanumeric
message."

Defendant Microsoft Corporation's
Disclosure of Proposed Claim
Constructions.

The original claims were directed to embodiments
using codes, including embodiments using codes
to insert graphics into a portion of the message.

MS-MOTO-SDFLA_00000017201-204
(original claims); 3:17-5:14.

The applicants cancelled the claims directed to
codes and amended the remaining claims
substantially.

MS-MOTO-SDFLA_00000017248-251
(amended claims).

One amendment was the addition of the
"accompanied by" language.

MS-MOTO-SDFLA_00000017248-251.

The applicants distinguished their invention from
MS-MOTO-SDFLA_00000017254-255.
the cited art by saying that the references did not
disclose "a graphic message … as well as the
original alphanumeric message received by the
communications receiver" and contained "no
suggestion that a graphic message can be displayed
to supplement the meaning of a conventionally
entered and received alphanumeric message."
The applicants explained that "the alphanumeric
message itself is presented along with any graphic
message so that meaning of the graphic message is
clarified when read by a user having the
appropriate language skills."

MS-MOTO-SDFLA_00000017255.

CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER, Page 4

FACT

SUPPORT

There is no evidence that the products practicing
any of the Motorola Patents-in-Suit were marked
with a patent designation together with the number
of the patent.

(Ex. #19) Motorola Mobility, Inc.‟s
Responses to Rule 30(b)(6) Deposition
Notice dated June 6, 2011, Topic 59 at
pages 62-63.

There is no evidence that Microsoft was notified of
any alleged infringement of any of the Motorola
Patents-in-Suit prior to the filing of this action on
November 10, 2010.

(Ex. #20) Motorola Mobility, Inc.‟s
Responses to First Set of Interrogatories
filed on February 25, 2011, No. 8 at pages
19-20.

No Marketplace server is located in the “fixed
portion of the wireless communication system.”

„333 patent, FIG. 1; Wedig Report, ¶ 124126; Ex. 2, Geier Report, ¶ 139-145.

No Marketplace server performs “controlling a
delivery of data.”

Wedig Report, ¶ 8, 85-95.

Neither Windows Mobile 6.5 nor Windows Phone Wedig Report, ¶ 127-128.
7.0 maintains an “application registry comprising a
list of all software applications that are currently
accessible to the subscriber unit.”
Neither Windows Mobile 6.5 nor Windows Phone Wedig Report, ¶ 8, 60-62, 75-78, 84-85,
7.0 meets the limitation “in response to a change in 143-146.
accessibility of an application . . . communicate the
change to the fixed portion of the wireless
communication system.”

CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER, Page 5