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)

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EXHIBIT 2 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. ) ) ) ) ) ) ) ) ) ) ) PLAINTIFF MOTOROLA MOBILITY, INC.’S UPDATED PROPOSED CLAIM CONSTRUCTIONS FOR THE PATENTS-IN-SUIT Motorola Mobility, Inc. (“Motorola Mobility”) submits the attached chart identifying its updated proposed constructions of the claim limitations of the patents-in-suit for which the parties seek construction by the Court. Motorola Mobility’s provides this submission without waiver of or prejudice to its right to amend or supplement as a result of further analysis, ongoing discovery, and in response to amendment or supplementation of constructions proposed by Microsoft Corporation (“Microsoft”). In particular, Motorola Mobility may amend its constructions to narrow the gap between its constructions and Microsoft’s to allow for resolution of as many claim construction disputes as possible prior to the submission of the parties’ claim construction briefs. Dated: June 3, 2011 By: /s/ Leslie M. Spencer_____ Jesse J. Jenner Steven Pepe Khue V. Hoang Leslie M. Spencer Ropes & Gray LLP 1211 Avenue of the Americas New York, NY 10020 Telephone: (212) 596-9000 Norman H. Beamer Mark D. Rowland Gabrielle E. Higgins Ropes & Gray LLP 1900 University Avenue, 6th Floor East Palo Alto, CA 94303 Telephone: (650) 617-4000 Kevin J. Post Megan F. Raymond Ropes & Gray LLP One Metro Center 700 12th Street NW, Suite 900 Washington, DC 20005 Telephone: (202) 508-4600 Edward M. Mullins Hal M. Lucas Astigarraga Davis Mullins & Grossman, P.A. 701 Brickell Avenue 16th Floor Miami, FL 33131 Telephone: (305) 372-8282 Attorneys for Plaintiff / Counterclaim Defendant MOTOROLA MOBILITY, INC. 2 CERTIFICATE OF SERVICE I hereby certify that on June 3, 2011, copies of the foregoing Plaintiff Motorola Mobility, Inc.’s Updated Proposed Claim Constructions For The Patents-In-Suit were served by e-mail upon the counsel of record included in the attached Service List. /s/Leslie M. Spencer Leslie M. Spencer SERVICE LIST Motorola Mobility, Inc. v. Microsoft Corp., Case No. 1:10-cv-24063-MORENO Roberto Martinez, Esq. Curtis Miner, Esq. COLSON HICKS EIDSON 255 Alhambra Circle, Penthouse Coral Gables, FL 33134 Tel: (305) 476-7400 Email: curt@colson.com bob@colson.com Attorneys for Defendant / Counterclaim Plaintiff MICROSOFT CORPORATION Of Counsel: David T. Pritikin Richard A. Cederoth Douglas I. Lewis John W. McBride SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 Tel: (312) 853-7000 Email: dpritikin@sidley.com rcederoth@sidley.com dilewis@sidley.com jmcbri01@sidley.com Brian R. Nester Kevin C. Wheeler SIDLEY AUSTIN LLP 1501 K Street NW Washington, DC 20005 Tel: (202) 736-8000 Email: bnester@sidley.com kwheeler@sidley.com CASE 1:10-CV-24063-FAM (SDFL) MOTOROLA MOBILITY, INC. V. MICROSOFT CORPORATION Motorola Patent No. 5,502,839 Claim Term/ Identified By Microsoft term: “picture element comprising a plurality of device independent data structures in a predetermined, standard data format, at least one of said data structures comprising a plurality of different data fields each containing information describing said picture element Microsoft term: Claims Motorola Proposed Construction 9-12, 15-16, 18-21, 23 A device-independent abstraction of a displayable object (e.g., line, text, etc.) 9-13, 22-23 “virtual input” means one or more picture elements generated from user input “virtual output”; “virtual input” “virtual output” means one or more picture elements of a picture A process which generates one or more picture elements from user input Motorola term: 9-14 “source of virtual input” Motorola term: 10-11 A Picture Manager process is a process that constructs a device-independent representation of a picture using a set of related picture elements and controls modification and retrieval of the picture elements. 11 The Window Manager process is a process that maps all (or a portion) of a picture to a particular rectangular area (window) of a display screen, updates the display screen and controls the size and appearance of the window. 9-14 Function: performing processing operations on virtual input and generating virtual output “picture manager process” Motorola term: “window manager process” Microsoft and Motorola Means-Plus -Function term: “means for performing processing operations on said virtual input and for generating virtual output” Corresponding structure: Console Manager, which is any process that processes virtual input and, in response, generates virtual output, as described, for example, at least at FIGs. 8, 9, 12, 13; Cols. 15:30-17:17; 24:49-26:24; 27:5-28:17; 29:65-30:48; 43:51-65; 44:6-34; 47-56. 6/3/2011 26875538_1 Claim Term/ Identified By Microsoft and Motorola Means-Plus -Function term: Claims Motorola Proposed Construction 9-14 Function: accepting virtual output “means for accepting said virtual output” Microsoft and Motorola Means-Plus -Function term: 9-14 “means for converting said virtual output into at least one physical output suitable for use by at least one physical output device” Microsoft Means-Plus Function term: “wherein said virtual output accepting means comprises a picture manager process for controlling said plurality of related picture elements” Microsoft Means-Plus Function term: 10 26875538_1 Corresponding structure: Output Manager, which is any process that converts virtual output into physical output suitable for use by a physical output device as described, for example, at least at FIGs. 8, 9, 12, 14; Cols. 19:32-20:64; 23:5124:44; 25:33-43; 26:33-43; 43:58-65. This element is not a means-plus-function element that should be construed according to 35 U.S.C. §112, ¶ 6 because it recites sufficient structure to perform the claimed function in its entirety. (see Picture Manager Process above) 11 “wherein said virtual output accepting means further comprises a window manager process for controlling the display of said plurality of related picture elements on said display device” Microsoft Means-Plus 12 Function term: “wherein said virtual output converting means comprises a virtual output manager process responsive to said one or more processed Corresponding structure: Picture Manager, which is any process that accepts virtual output as described, for example, at least at FIGs. 8, 9, 12, 14; Cols. 13:64-14:7; 16:4-56; 17:23-25; 17:6318:23; 25:44-56; 30:51-33:5; 43:60-65; 44:35-39; 145-150. Function: converting virtual output into at least one physical output suitable for use by at least one physical output device This element is not a means-plus-function element that should be construed according to 35 U.S.C. §112, ¶ 6 because it recites sufficient structure to perform the claimed function in its entirety. (see Window Manager Process above) This element is not a means-plus-function element that should be construed according to 35 U.S.C. §112, ¶ 6 because it recites sufficient structure to perform the claimed function in its entirety. “Virtual output manager process” means the process by which virtual output is converted into 2 Claim Term/ Identified By picture elements for coupling said one or more processed picture elements to said at least one physical output device” Microsoft and Motorola Means-Plus -Function term: Claims real output on a particular physical device. 15-16, 1823 “means responsive to one of said physical input devices for generating a picture” Microsoft and Motorola Means-Plus -Function term: “means responsive to said one or more processed picture elements for coupling said one or more processed picture elements to one of said physical output devices” Microsoft Means-Plus Function term: Function: generating a picture comprising one or more picture elements responsive to a user’s interaction with a physical input device. 15-16, 1823 Corresponding structure: Input Manager and Console Manager processes that generate a picture comprising one or more picture elements responsive to a user’s interaction with a physical input device, as described, for example, at least at FIGs. 8, 9, 12; Cols. 12:14-23; 13:64-14:7; 18:2419: 31; 25:25-31, 25:44-56; 43:51-65; 47-56; 7071. Function: performing processing operations on one or more picture elements. 15-16, 1823 Corresponding structure: Console Manager processes that perform processing operations on one or more picture elements, as described, for example, at least at FIGs. 8, 9, 12, 13; Cols. 15:30-17:17; 24:49-26:24; 27:5-28:17; 29:65-30:48; 43:51-65; 44:6-34; 47-56 Function: coupling said one or more processed picture elements to a physical output device “means for performing processing operations on said one or more picture elements” Microsoft and Motorola Means-Plus -Function term: Motorola Proposed Construction 22 Corresponding structure: Output Manager processes that couple one or more processed picture elements to a physical output device, as described, for example, at least at FIGs. 8, 9, 12, 14; Cols. 19:32-20:64; 23:51-24:44; 25:33-43; 26:33-43; 43:58-65. “Virtual input manager process” means the process by which input from a physical device is converted into virtual form “wherein said means responsive to one of said physical input devices comprises a virtual input manager process” 26875538_1 3 Claim Term/ Identified By Microsoft Means-Plus Function term: Claims Motorola Proposed Construction 23 “Virtual output manager process” means the process by which virtual output is converted into real output on a particular physical device “wherein said means responsive to said one or more processed picture elements comprises a virtual output manager process” 26875538_1 4 Motorola Patent No. 5,764,899 Claim Term/ Identified By Microsoft proposed term: Claims Motorola Proposed Construction 1 A system for communicating reply data with a communication unit comprising Microsoft proposed term: The preamble is not limiting and should be construed according to its plain and ordinary meaning. 1 a host server, in communication with the communication server Microsoft proposed term: A computer or a program that operates as an email post office, which can exchange data with the communication server 1, 15,18 This element requires no construction and should be accorded its plain and ordinary meaning. email; e-mail Microsoft proposed term: If this element is construed, it should be given the following meaning: "electronic mail" 1, 14, 16, 17 This element requires no construction and should be accorded its plain and ordinary meaning. "forwarding" / "forward" / "forwards" / "forwarded" Microsoft proposed term: a determination is made whether to forward the optimized reply or a replica reply 26875538_1 14 If this element is construed, it should be given the following meaning: "Forwarding from one computer or program to another" This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: "the communication server decides whether to forward the optimized reply or the replica reply." 5 Motorola Patent No. 5,784,001 Claim Term/ Identified By Microsoft proposed term: Claims Motorola Proposed Construction 1, 4, 6 This element requires no construction and should be accorded its plain and ordinary meaning. "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” / “determining whether at least one word included in the alphanumeric message matches at least one key word included in the database” Microsoft proposed term: 1, 4, 6 At least one image is displayed along with a portion of, or the entire, alphanumeric message. “graphic message that is accompanied by the alphanumeric message”/ “graphic message accompanied by the alphanumeric message”/ “graphic message accompanied by the message” Microsoft proposed term: 1, 4, 6 The preamble is a limitation that should be construed according to its plain and ordinary meaning. 4 This element is not a means-plus-function element that should be construed according to 35 U.S.C. §112, ¶6 because it recites sufficient "A method for displaying messages in a data communication receiver; A data communication receiver for presenting information” Microsoft proposed MeansPlus-Function term: 26875538_1 6 Claim Term/ Identified By "programming means coupled to the processor and to the database for programming the database, the programming means further comprising: the receiver for receiving a programming message including a key word and image data; a memory for storing a programming word; and storing means for storing the key word and image data in the database in response to determining that the programming message includes the programming word" Microsoft proposed MeansPlus-Function term: Claims structure to perform the claimed function in its entirety. To the extent that this element is construed according to 35 U.S.C. §112: Claimed function: "programming the database" Corresponding structure: the Receiver, the Decoder, the Memory, and a program for operating the Processor according to the algorithm of Figure 13. 4 "storing means for storing the key word and image data in the database in response to determining that the programming message includes the programming word" Motorola proposed term: Motorola Proposed Construction This is a means-plus function element that should be construed according to 35 U.S.C. §112. Claimed function: "storing the key word and the image data in the database in response to determining that the programming message includes the programming word" 1, 3, 4 Corresponding structure: A program for operating the Processor according to steps 360, 370, 375, and 380 of the algorithm of Fig. 13. A message that creates or modifies an association between a key word and image data. "programming message" 26875538_1 7 Motorola Patent No. 6,272,333 Claim Term/ Identified By Microsoft term: “data” Microsoft term: “controlling a delivery of data” Microsoft term: “fixed portion of [a/the] wireless communication system” Motorola term: Claims Motorola Proposed Construction 1, 7, 12 Digital information 1, 7, 12 Managing whether and when data is delivered 1, 3, 5, 7, 12 The stationary portion of the wireless communication system that includes base stations and a controller 1, 3, 5-7, 12-13 A portable device for use in a wireless communication system 1, 3, 5-7, 12-13 A portion of memory that includes a list of all software applications that are immediately available for use by the subscriber unit “subscriber unit” Motorola term: “application registry comprising a list of all software applications that are currently accessible to the subscriber unit” 26875538_1 8 Motorola Patent No. 6,757,544 Claim Term/ Identified By Microsoft term: Claims Motorola Proposed Construction 1, 3 This element requires no construction and should be accorded its plain and ordinary meaning. “specific location information of the communication device” Microsoft term: If this element is construed, it should be given the following meaning: 1, 3, 9, 10 “Information about the specific location of the communication device.” This element requires no construction and should be accorded its plain and ordinary meaning. “general location information of the location relevant to the user” If this element is construed, it should be given the following meaning: Microsoft & Motorola term: “Information about the general area of a location relevant to the user.” “Identifying the location relevant to the user by selecting from the list of location parameters based on the specific location information.” “determining the location relevant to a user by comparing the list of location parameters with the specific location information” 26875538_1 1, 3 9 Motorola Patent No. 6,408,176 Claim Term/ Identified By Microsoft term: Claims Motorola Proposed Construction 1, 8, 11 See constructions for “extracts / extracting / extraction” and “caller-related information” “extracts the caller-related information from the stored voice mail” / “extracting the caller-related information from the stored voice mail” / “receiving the caller-related information … after extraction from stored voice mail” Microsoft term: 1, 8, 11 Order of the functional operation (Claim 1 -extracts caller-relation information/(Claim 8 extracting the caller-related information/Claim 11 extraction from stored voice mail) and the functional step (Claim 1 - converts the caller-related information from the voice format to an alpha-numeric string format/Claim 8 - converting the caller-related information from a voice format into an alpha-numeric-string format/Claim 11 - callerrelated information in an alpha-numeric string format resulting from a voice-toalphanumeric-string–format conversion). Microsoft term: The operation of “extracts”; “extracting”; “extraction” of caller-related information and the operation of “converts” / “converting” / “conversion” of caller-related information may take place in any order in accordance with known speech-recognition techniques. 1 Communication system infrastructure component. “fixed network equipment” Microsoft term: 11 This element requires no construction and should be accorded its plain and ordinary meaning. 26875538_1 10 Claim Term/ Identified By “receiving a request from a user of the communication unit” Motorola term: Claims Motorola Proposed Construction 1, 8, 11 Information provided by a caller in a stored audio message. 1, 8, 11 Selecting. “caller-related information” Motorola term: “extracts” / “extracting” / “extraction” 26875538_1 11 Motorola Patent No. 6,983,370 Claim Term/ Identified By Microsoft term: for providing continuity Microsoft term: first / second messaging client Microsoft term: Claims Motorola Proposed Construction 1, 6, 9, 10, 11, 12, 13, 15, 18, 19, 20, 22, 29, 33, 36, 42, 45, 46, 50, 59 1, 2, 6, 9, 10, 11, 12, 15, 22, 36, 46, 50, 51, 52, 54, 59, 61 46 Allowing an account user to continue at least one messaging session on different messaging clients “adding the second messaging client to the at least one messaging session using the session identifier” First client software to interface a user’s device within a messaging communication system Second client software to interface a user’s device within a messaging communication system This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: “using the session identifier to allow the second messaging client to participate in the at least one messaging session.” Microsoft terms: 59 This element requires no construction and should be accorded its plain and ordinary meaning. “transfer the at least one messaging session to the second messaging client using the session identifier” If this element is construed, it should be given the following meaning: Microsoft Means-PlusFunction Term “Using the session identifier to transfer the at least one messaging session from the first messaging client to the second messaging client.” This element is not a means-plus-function element that should be construed according to 35 U.S.C. §112,¶ 6 because it recites sufficient structure to perform the claimed function in its entirety. “a first messaging client, for establishing a first communication connection including a plurality of client data with a message server” 26875538_1 50 – 52, 54 This element requires no construction and should be accorded its plain and ordinary meaning. 12 Claim Term/ Identified By Claims Motorola Proposed Construction To the extent that this element is construed according to 35 U.S.C. §112,¶ 6: Claimed function: “establishing a first communication connection including a plurality of client data with a message server.” Microsoft Means-PlusFunction term: 50 – 52, 54 “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” Corresponding structure: “first messaging client” This element is not a means-plus-function element that should be construed according to 35 U.S.C. §112,¶6 because it recites sufficient structure to perform the claimed function in its entirety. This element requires no construction and should be accorded its plain and ordinary meaning. To the extent that this element is construed according to 35 U.S.C. §112,¶6: Claimed function: “receiving the plurality of client data from the first messaging client, and establishing a second communication connection including the plurality of client data with the message server Motorola term: “client data” Motorola term: “messaging session” Motorola term: “providing continuity between a plurality of messaging clients” 26875538_1 1, 6, 9, 10, 13, 15, 18, 20, 36, 42, 45, 46, 50, 52, 54, 59 22, 29, 36, 42, 46, 59 2, 6, 9, 10, 11, 12, 13, 18, 19, 20, 29, 33, 42, 45, 59 Corresponding structure: “second messaging client” Motorola agrees with Microsoft’s proposed construction. A session of real time electronic messaging, between two or more messaging clients. See construction for “for providing continuity” 13 Claim Term/ Identified By Motorola term: “session data” 26875538_1 Claims Motorola Proposed Construction 22, 29, 33, Data relating to one or more of the messaging sessions in which the account user is participating, has previously participated, or plans to participate, using the messaging client 14 Microsoft Patent No. 6,791,536 Claim Term/ Identified By Motorola term: Claims Motorola Proposed Construction 14, 16, 17 generating at least one down event of the secondary switch of the pointing device 14, 16, 17 generating at least one down event of the primary switch of the pointing device “generating at least one event representing an activation of the secondary switch of the pointing device” Motorola term: “generating at least one event representing an activation of the primary switch of the pointing device” 26875538_1 15 Microsoft Patent No. 6,897,853 Claim Term/ Identified By Microsoft term: Claims Motorola Proposed Construction 7-11 This element requires no construction and should be accorded its plain and ordinary meaning. “determining whether the input is a stroke based on a first move threshold” Microsoft term: If this element is construed, it should be given the following meaning: 7-11 “determining whether the input is a tap based on a time threshold” Microsoft term: If this element is construed, it should be given the following meaning: 7-11 “determining whether the stroke is a hold or a hold and drag” Motorola term: “determining that the input is a stroke if the input exceeds a first predetermined distance” This element requires no construction and should be accorded its plain and ordinary meaning. “determining that the input is a tap if the input does not exceed a predetermined amount of time” This element requires no construction and should be accorded its plain and ordinary meaning. If this element is construed, it should be given the following meaning: 11 “determining that the input is a hold if the input exceeds a predetermined amount of time and does not exceed a second predetermined distance or a hold and drag if the input exceeds a predetermined amount of time and exceeds a second predetermined distance” generating a down event followed by an up event of a right mouse button “simulating a right mouse click” 26875538_1 16 Microsoft Patent No. 7,024,214 Claim Term/ Identified By Motorola term: Claims 1, 3-6, 10, 14, 17, 19, “synchronization 22-29, 32mechanism” 34, 38, 39, 41-44, 4652, 54-56 Motorola term: 1, 3-6, 10, 14, 17, 19, “flexible selection rule(s)” 22-29, 3234, 38, 39, 41-44, 4652, 54-56 Motorola term: 1, 3-6, 10, 14, 17, 19, “value, from having access to 22-29, 32synchronized data” 34, 38, 39, 41-44, 4652, 54-56 26875538_1 Motorola Proposed Construction A communication channel link used for synchronization, such as GSM, GPRS, WiFi (802.11b), Bluetooth, PSTN (dial-up), hardwire tether or dock changeable rule(s) which specify which synchronization mechanisms can be used for synchronizing certain types of data importance to the user of having access to the synchronized data item 17 Microsoft Patent No. 7,493,130 Claim Term/ Identified By Motorola term: “synchronization mechanism” Motorola term: “flexible selection rule(s)” Motorola term: Claims Motorola Proposed Construction 1, 42, 44, 55 A communication link channel used for synchronization, such as GSM, GPRS, WiFi (802.11b), Bluetooth, PSTN (dial-up), hardwire tether or dock 1, 42, 44, 55 changeable rule(s) which specify which synchronization mechanisms can be used for synchronizing certain types of data 1, 42, 44, 55 importance to the user of having access to the synchronized data item “value, from having access to synchronized data” 26875538_1 18 Microsoft Patent No. 7,383,460 Claim Term/ Identified By Microsoft term: “the hardware-dependent process” Motorola term: high precision event timer (HPET) 26875538_1 Claims Motorola Proposed Construction 7 Indefinite. 8, 9 a hardware timer that operates in accordance with the “Intel Architecture/Personal Computer (lA/PC) HPET (High Precision Event Timers) Specification” 19 Microsoft Patent No. 6,897,904 Claim Term/ Identified By Motorola term: Claims Motorola Proposed Construction 19 “live program content” “program content currently being tuned” 26875538_1 20 Microsoft Patent No. 6,785,901 Claim Term/ Identified By None 26875538_1 Claims Motorola Proposed Construction 21

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