Motorola Mobility, Inc. v. Microsoft Corporation

Filing 129

MOTION in Limine Nos. 1-9 and Brief in Support Thereof by Motorola Mobility, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A to Affidavit in Support, # 3 Exhibit B to Affidavit in Support, # 4 Exhibit C to Affidavit in Support, # 5 Exhibit D to Affidavit in Support, # 6 Exhibit E to Affidavit in Support, # 7 Exhibit F to Affidavit in Support, # 8 Exhibit G to Affidavit in Support, # 9 Exhibit H to Affidavit in Support, # 10 Exhibit I to Affidavit in Support, # 11 Exhibit J to Affidavit in Support, # 12 Exhibit K to Affidavit in Support, # 13 Exhibit L to Affidavit in Support, # 14 Exhibit M to Affidavit in Support)(Mullins, Edward)

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E X H I B I T I ‘130 Patent Infringement Contentions Motorola’s infringing products (“Accused Devices”) include mobile devices, such as smartphones, associated software, and components thereof. The Accused Devices include Motorola’s Android based phones which include, but are not limited to, the Motorola Droid X, Droid 2, Droid 2 Global, Cliq 2, Defy, Bravo, Droid Pro, Droid 2 R2-D2, Droid X 2, Charm, Droid, Flipside, Flipout, Atrix, Droid Bionic, Xoom, Devour A555, Backflip, Cliq/Dext, Cliq XT/Quench, Citrus, Spice, i1 and other Motorola Android based phones incorporating hardware and/or software that is substantially similar. The figures and illustrations in the infringement chart below display exemplary devices. U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 1. A mobile computing device comprising the following: a data store; a networking module; and a processing module configured to access the data store of the mobile device as well as communicate with the synchronization server over the network using the networking module of the mobile device, wherein the processing device of the mobile device is configured to perform the following: Each Accused Device, such as, for example, the DROID 2 or DROID X model, is a mobile computing device comprising a data store, a networking module, and a processing module configured to access the data store of the mobile device as well as communicate with the synchronization server over the network using the networking module of the mobile device. Each Accused Device comprises a data store, which can be on-board memory (e.g., 8 GB in DROID 2 and DROID X), SD memory (e.g., 8 GB in DROID 2, or 2 GB in DROID X), SIM card, and/or other memory (e.g., removable memory) for storing data items such as email, calendar data and contact information. See, e.g., DROID 2 by Motorola – Android Phone – Tech Specs, http://www.motorola.com/Consumers/US-EN/ConsumerProduct-and-Services/Mobile-Phones/ci.Motorola-DROID2-US-EN.alt (visited Feb. 16, 2011): 1 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also DROID X by Motorola – Android phone – HD phone – Tech Specs, http://www.motorola.com/Consumers/US-EN/ConsumerProduct-and-Services/Mobile-Phones/ci.Motorola-DROIDX-US-EN.alt (visited Feb. 16, 2011): See also DROID 2 User Guide at 59, http://www.motorola.com/staticfiles/Support/USEN/Mobile%20Phones/DROID2/USEN/_Documents/Static_Files/DROID2_VZW_USEN_UG_68000202881b.pdf (visited Feb. 16, 2011): 2 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Each Accused Device comprises a networking module which includes hardware and/or software for sending and receiving information over the network (for example, by wireless 3G, Wi-Fi, or hardwired USB. The networking module is used for communicating with a synchronization server (which can be, for example, an email or calendar server) which has a second data store for storing data items such as email, calendar data and contact information. See, e.g., DROID 2 by Motorola – Android Phone – Tech Specs: 3 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also DROID X by Motorola – Android phone – HD phone – Tech Specs: Each Accused Device includes a processing module comprising hardware and/or software (which may include a processor running the Android operating system).The processing device of each Accused Device is configured to perform the following: determine that a data item is to Each Accused Device determines that a data item (e.g., be synchronized; email, calendar data and contact information) is to be synchronized. See, e.g., DROID 2 User Guide at 10; Screenshot 1.1: 4 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 1.1: status icon indicates a synchronization is active – each Accused Device determined that a data item was to be synchronized Furthermore, the Motorola each Accused Device can determine that a data item is to be synchronized by either "pushing " data or "fetching" data on a predetermined schedule. Also, each Accused Device will immediately determine that a data item is to be synchronized when a new item is created or an old item is edited. identify which of a plurality of synchronization mechanisms, including one or more hardwired or wireless communication connections, are available to use for synchronization; Each Accused Device identifies which of a plurality synchronization mechanisms, including one or more hardwired or wireless communication connections, are available to use for synchronization. Such wireless communication connections for synchronization can be, for example, 3G, Wi-Fi, and Bluetooth connections. See, e.g., DROID 2 User Guide at 5 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 10: The hardwired communication connection can be, for example, a USB connection. See, e.g., DROID 2 User Guide at 48: Other synchronization mechanisms can be “push” or “fetch.” For the former, the synchronization server (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server) can “push” a data item (e.g., email, calendar data and contact information) to each Accused Device. For the latter, each Accused Device fetches a data item from the second computer system. Another synchronization mechanism can be a Virtual Private Network (VPN). See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 6 U.S. Patent No. 7,493,130 ('130 Patent) consult a set of one or more flexible selection rules to select a synchronization mechanism, the set of one or more flexible rules taking into consideration value, from having access to synchronized data, relative to at least one of (i) an economic cost for synchronization using each available synchronization mechanism, (ii) network security for each available synchronization mechanism, (iii) security of a computer system, or (iv) value of data being synchronized, and thereby select an available synchronization mechanism appropriate for the data item given the one or more flexible selection rules; and Accused Devices Each Accused Device consults a set of one or more flexible selection rules to select a synchronization mechanism (e.g., wireless 3G or Wi-Fi; hardwired USB; fetch or pull synchronization). Each Accused Device can be flexibly configured such that, for example, it synchronizes emails by fetch or push synchronization, whereas it synchronizes social applications only via Wi-Fi. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 7 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices The set of one or more flexible rules takes into consideration value, from having access to synchronized data (e.g., email, calendar data and contact information), relative to at least one of (i) an economic cost for synchronization using each available synchronization mechanism (e.g., wireless 3G or Wi-Fi; hardwired USB; fetch or pull synchronization), (ii) network security for each available synchronization mechanism, (iii) security of the synchronization server (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server), or (iv) value of data being synchronized and thereby selecting an available synchronization mechanism appropriate for the data item given the one or more flexible selection rules. For example, each Accused Device can fetch data on a predetermined schedule, or the synchronization server can automatically push data to each Accused Device. This is a flexible choice that takes into account at least the value of the data. As another example, each Accused Device can be flexibly configured to synchronize social applications only via a WiFi mechanism, while email is set to be synchronized via "push" synchronization. Such flexible rule takes into account at least the value of the data and cost of synchronizing using the various synchronization mechanisms. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 8 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can be flexibly configured to use a secure connection when synchronizing email. This flexible rule takes into account the security of the synchronization mechanism. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 9 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As another example, each Accused Device can be flexibly configured to use a Virtual Private Network (VPN). Choosing to use a Virtual Private Network for synchronization is a rule that considers the security of the synchronization mechanism. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 10 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can be flexibly configured to choose between a Wi-Fi mechanism and a 3G mechanism when synchronizing data. Each Accused Device uses a 3G mechanism until it is flexibly authorized to use a particular Wi-Fi mechanism. This rule considers the network security of unauthorized Wi-Fi mechanisms. Once one or more available Wi-Fi mechanisms have been authorized, each Accused Device prefers user-authorized Wi-Fi mechanisms to a 3G mechanism. This rule considers the economic cost due to the fact that using a Wi-Fi mechanism is less likely lead to additional user fees. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: Each Accused Device can be flexibly configured to remove a particular Wi-Fi mechanism from the list of authorized Wi- 11 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Fi mechanisms, and each Accused Device will thereafter prefer a 3G mechanism to the de-authorized Wi-Fi mechanism. This can be done by selecting "Forget network" from the "Manage Networks" settings screen. See, e.g., Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): Alternatively, each Accused Device can flexibly override the preference for all user-authorized Wi-Fi mechanisms by clearing the "Wi-Fi" checkbox on the "Wireless and network settings" screen. This will result in each Accused Device preferring a 3G mechanism to all Wi-Fi mechanisms, including user-authorized Wi-Fi mechanisms. See, e.g., WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 12 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As another example, each Accused Device can be flexibly configured to allow "roaming," or alternatively to allow synchronizations only using the "home" carrier's synchronization mechanisms. This flexible rule considers the cost of synchronizing using the various synchronization mechanisms. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 13 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 14 U.S. Patent No. 7,493,130 ('130 Patent) use the selected synchronization mechanism to synchronize the data item. Accused Devices Each Accused Device uses the selected synchronization mechanism to synchronize data with the synchronization server. See, e.g., DROID 2 User Guide at 10; Screenshot 1.2; Screenshot 1.3, which show a successful synchronization using first a Wi-Fi synchronization mechanism and then a 3G synchronization mechanism. 15 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 1.2: synchronization taking place using a Wi-Fi synchronization mechanism Screenshot 1.3: synchronization taking place using a 3G synchronization mechanism 2. A first computer system in a network that includes the first computer system having a first data store and second computer system having a second data store, the first computer system comprising one or more computerreadable media having computer-executable instructions for implementing a method for synchronizing the first and second data stores in a flexible manner considering the circumstances that exist at the time of Each Accused Device, such as, for example, the DROID 2 or DROID X model, is a first computer system, that operates in a network. Such network includes at least each Accused Device and a second computer system, which can be, for example, an email or calendar server. Such email or calendar server can be, for example, a Microsoft Exchange Server, Gmail server, or Google calendar server. Each Accused Device has a first data store, which can be onboard memory (e.g., 8 GB in DROID 2 and DROID X), SD memory (e.g., 8 GB in DROID 2, or 2 GB in DROID X), SIM card, and/or other memory (e.g., removable memory) for storing data items such as email, calendar data and contact information. See, e.g., DROID 2 by Motorola – Android Phone – Tech Specs, http://www.motorola.com/Consumers/US-EN/Consumer- 16 U.S. Patent No. 7,493,130 ('130 Patent) synchronization, wherein the method comprises: Accused Devices Product-and-Services/Mobile-Phones/ci.Motorola-DROID2-US-EN.alt (visited Feb. 16, 2011): See also DROID X by Motorola – Android phone – HD phone – Tech Specs, http://www.motorola.com/Consumers/US-EN/ConsumerProduct-and-Services/Mobile-Phones/ci.Motorola-DROIDX-US-EN.alt (visited Feb. 16, 2011): See also DROID 2 User Guide at 59, http://www.motorola.com/staticfiles/Support/USEN/Mobile%20Phones/DROID2/US- 17 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices EN/_Documents/Static_Files/DROID2_VZW_USEN_UG_68000202881b.pdf (visited Feb. 16, 2011): The second computer system (which can be, for example, an email or calendar server) has a second data store for storing data items such as email, calendar data and contact information. Each Accused Device comprises one or more computerreadable media, which can be on-board memory (e.g., 8 GB in DROID 2 and DROID X), SD memory (e.g., 8 GB in DROID 2, or 2 GB in DROID X), SIM card, and/or other memory (e.g., removable memory). This computer-readable media has computer-executable instructions (e.g.,, the Android 2.1 or 2.2 operating system) for implementing a method for synchronizing the calendar, email and contact information of the first data store of each Accused Device and second data store of the second computer system. See, e.g., DROID 2 by Motorola – Android Phone – Tech Specs: 18 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also DROID X by Motorola – Android phone – HD phone – Tech Specs: As set forth below, this synchronization of the first and 19 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices second data stores is accomplished in a flexible manner considering the circumstances existing at the time of synchronization. an act of the first computer system determining that a data item is to be synchronized; Each Accused Device determines that a data item (e.g., email, calendar data and contact information) is to be synchronized. See, e.g., DROID 2 User Guide at 10; Screenshot 1: Screenshot 1: status icon indicates a synchronization is active – each Accused Device determined that a data item was to be synchronized Furthermore, each Accused Device can determine that a data item is to be synchronized by either "pushing " data or "fetching" data on a predetermined schedule. Also, each Accused Device will immediately determine that a data item is to be synchronized when a new item is created or an old item is edited. an act of the first computer Each Accused Device identifies which of a plurality 20 U.S. Patent No. 7,493,130 ('130 Patent) system identifying which of a plurality of synchronization mechanisms, including one or more hardwired or wireless communication connections, are available to use for synchronization; Accused Devices synchronization mechanisms, including one or more hardwired or wireless communication connections, are available to use for synchronization. Such wireless communication connections for synchronization can be, for example, 3G, Wi-Fi, and Bluetooth connections. See, e.g., DROID 2 User Guide at 10: The hardwired communication connection can be, for example, a USB connection. See, e.g., DROID 2 User Guide at 48: Other synchronization mechanisms can be “push” or “fetch.” For the former, the second computer system (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server) can “push” a data item (e.g., email, calendar data and contact information) to each Accused Device. For the latter, each Accused Device fetches a data item from the second computer system. Another synchronization mechanism can be a Virtual Private Network (VPN). See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 21 U.S. Patent No. 7,493,130 ('130 Patent) an act of the first computer system consulting a set of one or more flexible selection rules to select a synchronization mechanism, the set of one or more flexible rules taking into consideration value, from having access to synchronized data, relative to at least one of (i) an economic cost for synchronization using each available synchronization mechanism, (ii) network security for each available synchronization mechanism, (iii) security of the second computer system, or (iv) value of data being synchronized and thereby selecting an available synchronization mechanism appropriate for the data item given the one or more flexible selection rules; and Accused Devices Each Accused Device consults a set of one or more flexible selection rules to select a synchronization mechanism (e.g., wireless 3G or Wi-Fi; hardwired USB; fetch or pull synchronization). Each Accused Device can be flexibly configured such that, for example, it synchronizes emails by fetch or push synchronization, whereas it synchronizes social applications only via Wi-Fi. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 22 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices The set of one or more flexible rules takes into consideration value, from having access to synchronized data (e.g., email, calendar data and contact information), relative to at least one of (i) an economic cost for synchronization using each available synchronization mechanism (e.g., wireless 3G or Wi-Fi; hardwired USB; fetch or pull synchronization), (ii) network security for each available synchronization mechanism, (iii) security of the second computer system (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server), or (iv) value of data being synchronized and thereby selecting an available synchronization mechanism appropriate for the data item given the one or more flexible selection rules. For example, each Accused Device can fetch data on a predetermined schedule, or the second computer system can automatically push data to each Accused Device, or. This is a flexible choice that takes into account at least the value of the data. As another example, each Accused Device can be flexibly configured to synchronize social applications only via a WiFi mechanism, while email is set to be synchronized via "push" synchronization. Such flexible rule takes into account at least the value of the data and cost of synchronizing using the various synchronization mechanisms. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 23 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can be flexibly configured to use a secure connection when synchronizing email. This flexible rule takes into account the security of the synchronization mechanism. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 24 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As another example, each Accused Device can be flexibly configured to use a Virtual Private Network (VPN). Choosing to use a Virtual Private Network for synchronization is a rule that considers the security of the synchronization mechanism. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 25 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can be flexibly configured to choose between a Wi-Fi mechanism and a 3G mechanism when synchronizing data. Each Accused Device uses a 3G mechanism until it is flexibly authorized to use a particular Wi-Fi mechanism. This rule considers the network security of unauthorized Wi-Fi mechanisms. Once one or more available Wi-Fi mechanisms have been authorized, each Accused Device prefers user-authorized Wi-Fi mechanisms to a 3G mechanism. This rule considers the economic cost due to the fact that using a Wi-Fi mechanism is less likely lead to additional user fees. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: Each Accused Device can be flexibly configured to remove a particular Wi-Fi mechanism from the list of authorized Wi- 26 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Fi mechanisms, and each Accused Device will thereafter prefer a 3G mechanism to the de-authorized Wi-Fi mechanism. This can be done by selecting "Forget network" from the "Manage Networks" settings screen. See, e.g., Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): Alternatively, each Accused Device can flexibly override the preference for all user-authorized Wi-Fi mechanisms by clearing the "Wi-Fi" checkbox on the "Wireless and network settings" screen. This will result in each Accused Device preferring a 3G mechanism to all Wi-Fi mechanisms, including user-authorized Wi-Fi mechanisms. See, e.g., WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 27 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As another example, each Accused Device can be flexibly configured to allow "roaming," or alternatively to allow synchronizations only using the "home" carrier's synchronization mechanisms. This flexible rule considers the cost of synchronizing using the various synchronization mechanisms. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 28 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 29 U.S. Patent No. 7,493,130 ('130 Patent) an act of the first computer system using the selected synchronization mechanism to synchronize the data item with the second computer. Accused Devices Each Accused Device uses the selected synchronization mechanism to synchronize data with the second computer. See, e.g., DROID 2 User Guide at 10; Screenshot 2; Screenshot 3, which show a successful synchronization using first a Wi-Fi synchronization mechanism and then a 3G synchronization mechanism. 30 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 2: synchronization taking place using a Wi-Fi synchronization mechanism Screenshot 3: synchronization taking place using a 3G synchronization mechanism 4. A computer system in accordance with claim 2, wherein the first computer system is a mobile device, and the second computer system is a synchronization server. Each Accused Device, such as, for example, the DROID 2 or DROID X model, is a mobile device and operates in a network in which the second computer system is a synchronization server, such as, for example a Microsoft Exchange Server, Gmail server, or Google calendar server. 5. A computer system in accordance with claim 4, wherein the act of the first computer system determining that a data item is to be synchronized comprises the following: an act of the mobile device determining on its own that the data item is to be Each Accused Device, such as, for example, the DROID 2 and DROID X models, can each determine on its down that a data item is to be synchronized. For example, each Accused Device can determine that a data item is to be synchronized by "fetching" data on a predetermined schedule. Also, each Accused Device will immediately determine that 31 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices synchronized. a data item is to be synchronized when a new item is created or an old item is edited. 6. A computer system in accordance with claim 4, wherein the act of the first computer system determining that a data item is to be synchronized comprises the following: an act of the mobile device receiving a user-issued instruction to synchronize the data item. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can each determine that a data item is to be synchronized by receiving a user-issued instruction to synchronize the data item. For example, each Accused Device can receive a user-issued instruction to "sync now." See, e.g. Google Synchronization, https://motorola-globalportal.custhelp.com/app/answers/detail/a_id/51167/~/droid2---google-synchronization (visited March 24, 2011); Gmail Synchronization – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited March 25, 2011): 32 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 7. A computer system in accordance with claim 4, wherein the act of the first computer system determining that a data item is to be synchronized comprises the following: an act of the mobile device receiving a signal from the synchronization server that represents to the mobile device that the data item is to be synchronized. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can each determine that a data item is to be synchronized by receiving a signal from the synchronization server that represents to the mobile device that the data item is to be synchronized. For example, each Accused Device can determine that a data item is to be synchronized by receiving a signal from the synchronization server comprising a data "push" operation. 33 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 8. A computer system in accordance with claim 2, wherein the plurality of synchronization mechanisms comprises at least one wireless synchronization mechanism. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can synchronize using a plurality of synchronization mechanisms comprising at least one wireless synchronization mechanism. 10. A computer system in accordance with claim 2, wherein the method further comprises the following: an act of receiving instructions to change the set of flexible selection rules; and an act of changing the set of selection rules in response to the instruction. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can receive instructions to change the set of flexible rules and can change the set of flexible rules in response to the instruction. Such wireless synchronization mechanisms include, for example, 3G, Wi-Fi, and Bluetooth mechanisms. See, e.g., DROID 2 User Guide at 10: For example, each Accused Device can receive an instruction to change the set of flexible selection rules such that emails are only synchronized if they are more recent than one day, two days, three days, one week, two weeks, or one month old; or so that emails are synchronized without such a restraint. Each Accused Device can change the set of selection rules in response to such instruction. See Screenshot 10.1. 34 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 10.1: receiving an instruction to change the flexible rule that dictates the age of emails that are synchronized As another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications synchronize only via a Wi-Fi mechanism, while email is set to be synchronized via "push" synchronization. Alternatively, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications are not restricted in this way. Either way, each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 35 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use, a secure connection when synchronizing email, and can change the set of flexible selection rules in response to the instruction. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 36 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use a Virtual Private Network (VPN), and can change the set of selection rules in response to the instruction. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 37 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use Wi-Fi synchronization mechanisms and can change the set of selection rules in response to the instruction. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: See also, Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): 38 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also, WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 39 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device allows, or does not allow, "roaming," or alternatively to allow, or not allow, synchronizations only using the "home" carrier's synchronization mechanisms. Each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 40 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 41 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 11. A first computer system in a network that includes the first computer system having a first data store and second computer system having a second data store, the first computer system comprising one or more computerreadable media having computer-executable instructions for implementing a method for synchronizing the first and second data stores in a flexible manner considering the circumstances that exist at the time of synchronization, wherein the method comprises the following: Each Accused Device, such as, for example, the DROID 2 and DROID X models, is a first computer system in a network that includes at least each Accused Device and a second computer system, which can be, for example, an email or calendar server. Such email or calendar server can be, for example, a Microsoft Exchange server, Gmail server, or Google calendar server. Each Accused Device has a first data store, which can be onboard memory (e.g., 8 GB in DROID 2 and DROID X), SD memory (e.g., 8 GB in DROID 2, or 2 GB in DROID X), SIM card, and/or other memory (e.g., removable memory) for storing data items such as email, calendar data and contact information. See, e.g., DROID 2 by Motorola – Android Phone – Tech Specs, http://www.motorola.com/Consumers/US- 42 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices EN/Consumer-Product-and-Services/MobilePhones/ci.Motorola-DROID-2-US-EN.alt (visited Feb. 16, 2011): See also DROID X by Motorola – Android phone – HD phone – Tech Specs, http://www.motorola.com/Consumers/US-EN/ConsumerProduct-and-Services/Mobile-Phones/ci.Motorola-DROIDX-US-EN.alt (visited Feb. 16, 2011): 43 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also DROID 2 User Guide at 59, http://www.motorola.com/staticfiles/Support/USEN/Mobile%20Phones/DROID2/USEN/_Documents/Static_Files/DROID2_VZW_USEN_UG_68000202881b.pdf (visited Feb. 16, 2011): The second computer system (which can be, for example, an email or calendar server) has a second data store for storing data items such as email, calendar data and contact information. Each Accused Device comprises one or more computerreadable media, which can be on-board memory (e.g., 8 GB in DROID 2 and DROID X), SD memory (e.g., 8 GB in DROID 2, or 2 GB in DROID X), SIM card, and/or other memory (e.g., removable memory). This computer-readable 44 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices media has computer-executable instructions (including, but not limited to, the Android operating system), for implementing a method for synchronizing the calendar, email, and contact information of the first data store of each Accused Device and second data store of the second computer system. See, e.g., DROID 2 by Motorola – Android Phone – Tech Specs: See also DROID X by Motorola – Android phone – HD phone – Tech Specs: 45 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As set forth below, this synchronization of the first and second data stores is accomplished in a flexible manner considering the circumstances existing at the time of synchronization. an act of the first computer system determining whether to synchronize a data item by consulting a set of one or more flexible selection rules, the set of one or more flexible rules taking into consideration value, from having access to synchronized data, relative to at least one of (i) an economic cost for synchronization using each available synchronization mechanism, (ii) network security for each available synchronization mechanism, (iii) security of the second Each Accused Device determines whether to synchronize a data item (e.g., email, calendar data and contact information) by consulting a set of one or more flexible selection rules. For example, each Accused Device consults a flexible selection rule to determine whether to synchronize an email message based on the age of the email. See Screenshots 1-3. 46 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices computer system, or (iv) value of data being synchronized, and thereby also determining an available synchronization mechanism appropriate for the data item given the one or more flexible selection rules; and Screenshot 1: a flexible rule dictates that only emails from the past month should be synchronized Screenshot 2: the second data store contains 7 emails, but 47 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices only 3 are from the past month Screenshot 3: only the 3 emails from the past month are synchronized to each Accused Device's first data store Various synchronization mechanisms may be available to use for synchronization by each Accused Device. Such synchronization mechanisms can include wireless and hardwired communication connections. Wireless communication connections for synchronization can be, for example, 3G, Wi-Fi, and Bluetooth connections. See, e.g., DROID 2 User Guide at 10: 48 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices The hardwired communication connection can be, for example, a USB connection. See, e.g., DROID 2 User Guide at 48: Other synchronization mechanisms can be “push” or “fetch.” For the former, the second computer system (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server) can “push” a data item (e.g., email, calendar data and contact information) to each Accused Device. For the latter, each Accused Device fetches a data item from the second computer system. Another synchronization mechanism can be a Virtual Private Network (VPN). See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 49 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices The set of one or more flexible rules takes into consideration value, from having access to synchronized data (e.g., email, calendar data and contact information), relative to at least one of (i) an economic cost for synchronization using each available synchronization mechanism (e.g., wireless 3G or Wi-Fi; hardwired USB; fetch or pull synchronization), (ii) network security for each available synchronization mechanism, (iii) security of the second computer system (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server), or (iv) value of data being synchronized and thereby selecting an available synchronization mechanism appropriate for the data item given the one or more flexible selection rules. For example, each Accused Device can fetch data on a predetermined schedule, or the second computer system can automatically push data to each Accused Device. This is a flexible choice that takes into account at least the value of the data. As another example, each Accused Device can be flexibly configured to synchronize social applications only via a Wi50 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Fi mechanism, while email is set to be synchronized via "push" synchronization. Such flexible rule takes into account at least the value of the data and cost of synchronizing using the various synchronization mechanisms. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): As yet another example, each Accused Device can be flexibly configured to use a secure connection when synchronizing email. This flexible rule takes into account the security of the synchronization mechanism. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 51 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As another example, each Accused Device can be flexibly configured to use a Virtual Private Network (VPN). Choosing to use a Virtual Private Network for synchronization is a rule that considers the security of the synchronization mechanism. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 52 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can be flexibly configured to choose between a Wi-Fi mechanism and a 3G mechanism when synchronizing data. Each Accused Device uses a 3G mechanism until it is flexibly authorized to use a particular Wi-Fi mechanism. This rule considers the network security of unauthorized Wi-Fi mechanisms. Once one or more available Wi-Fi mechanisms have been authorized, each Accused Device prefers user-authorized Wi-Fi mechanisms to a 3G mechanism. This rule considers the economic cost due to the fact that using a Wi-Fi mechanism is less likely lead to additional user fees. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: Each Accused Device can be flexibly configured to remove a particular Wi-Fi mechanism from the list of authorized Wi- 53 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Fi mechanisms, and each Accused Device will thereafter prefer a 3G mechanism to the de-authorized Wi-Fi mechanism. This can be done by selecting "Forget network" from the "Manage Networks" settings screen. See, e.g., Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): Alternatively, each Accused Device can flexibly override the preference for all user-authorized Wi-Fi mechanisms by clearing the "Wi-Fi" checkbox on the "Wireless and network settings" screen. This will result in each Accused Device preferring a 3G mechanism to all Wi-Fi mechanisms, including user-authorized Wi-Fi mechanisms. See, e.g., WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 54 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As another example, each Accused Device can be flexibly configured to allow "roaming," or alternatively to allow synchronizations only using the "home" carrier's synchronization mechanisms. This flexible rule considers the cost of synchronizing using the various synchronization mechanisms. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 55 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 56 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices an act of the first computer system synchronizing the data item with the second computer if the first computer system determines that the data item is to be synchronized based on the one or more flexible selection rules and each available synchronization mechanism, including one or more hardwired or wireless communication connections. Each Accused Device synchronizes the data item (e.g., email, calendar data and contact information) with the second computer (for example, an email or calendar server, e.g., Microsoft Exchange Server, Gmail server, or Google calendar server) if the first computer system (e.g., Motorola Android smartphone) determines that the data item is to be synchronized based on the one or more flexible selection rules and each available synchronization mechanism, including one or more hardwired or wireless communication connections. The wireless communication connections for synchronization can be, for example, 3G, Wi-Fi, and Bluetooth connections. See, e.g., DROID 2 User Guide at 10: 57 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices The hardwired communication connection can be, for example, a USB connection. See, e.g., DROID 2 User Guide at 48: The Android operating system on the Motorola Android synchronizes the data item with the second computer if each Accused Device determines that the data item is to be synchronized. See, e.g., Screenshot 4; Screenshot 5, which show a successful synchronization using first a Wi-Fi synchronization mechanism and then a 3G synchronization mechanism. Screenshot 4: synchronization taking place using a Wi-Fi 58 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices synchronization mechanism Screenshot 5: synchronization taking place using a 3G synchronization mechanism 13. A computer system in accordance with claim 11, wherein the first computer system is a mobile device, and the second computer system is a synchronization server. Each Accused Device, such as, for example, the DROID 2 or DROID X model, is a mobile device and operates in a network in which the second computer system is a synchronization server, such as, for example, a Microsoft Exchange Server, Gmail server, or Google calendar server. 14. A computer system in accordance with claim 11, wherein the method further comprises the following: an act of receiving instructions to change the set of flexible selection rules; and an act of changing the set of flexible selection rules in response to the instruction. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can receive instructions to change the set of flexible rules and can change the set of flexible rules in response to the instruction. For example, each Accused Device can receive an instruction to change the set of flexible selection rules such that emails are only synchronized if they are more recent than one day, two days, three days, one week, two weeks, or one month old; or so that emails are synchronized without such a restraint. Each Accused Device can change the set of selection rules in response to such instruction. See Screenshot 10.1. 59 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 10.1: receiving an instruction to change the flexible rule that dictates the age of emails that are synchronized As another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications synchronize only via a Wi-Fi mechanism, while email is set to be synchronized via "push" synchronization. Alternatively, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications are not restricted in this way. Either way, each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 60 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use, a secure connection when synchronizing email, and can change the set of flexible selection rules in response to the instruction. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 61 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use a Virtual Private Network (VPN), and can change the set of selection rules in response to the instruction. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 62 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use Wi-Fi synchronization mechanisms and can change the set of selection rules in response to the instruction. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: See also, Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): 63 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also, WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 64 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device allows, or does not allow, "roaming," or alternatively to allow, or not allow, synchronizations only using the "home" carrier's synchronization mechanisms. Each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 65 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 66 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 15. A computer system in accordance with claim 14, wherein the act of receiving instructions to change the set of flexible selection rules comprises the following: an act of receiving instructions to change the set of flexible selection rules from a user of the first computer system. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can receive instructions to change the set of flexible rules from a user of the first computer system (i.e. each Accused Device) and can change the set of flexible rules in response to the instruction. For example, each Accused Device can receive an instruction to change the set of flexible selection rules such that emails are only synchronized if they are more recent than one day, two days, three days, one week, two weeks, or one month old; or so that emails are synchronized without such a restraint. Each Accused Device can change the set of selection rules in response to such instruction. See Screenshot 10.1. 67 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 10.1: receiving an instruction to change the flexible rule that dictates the age of emails that are synchronized As another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications synchronize only via a Wi-Fi mechanism, while email is set to be synchronized via "push" synchronization. Alternatively, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications are not restricted in this way. Either way, each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 68 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use, a secure connection when synchronizing email, and can change the set of flexible selection rules in response to the instruction. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 69 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use a Virtual Private Network (VPN), and can change the set of selection rules in response to the instruction. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 70 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use Wi-Fi synchronization mechanisms and can change the set of selection rules in response to the instruction. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: See also, Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): 71 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also, WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 72 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device allows, or does not allow, "roaming," or alternatively to allow, or not allow, synchronizations only using the "home" carrier's synchronization mechanisms. Each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 73 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 74 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 16. A computer system in accordance with claim 14, wherein the act of receiving instructions to change the set of flexible selection rules comprises the following: an act of receiving instructions to change the set of flexible selection rules from an agent of the second computer system. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can receive instructions to change the set of flexible rules from a an agent of the second computer system and can change the set of flexible rules in response to the instruction. For example, each Accused Device can receive an instruction from an agent of the second computer system to change the set of flexible selection rules such that calendar items are only synchronized if they are newer than two weeks old. Each Accused Device can change the set of selection rules in response to such an instruction. As another example, each Accused Device can receive an instruction from an agent of the second computer system to change the set of flexible selection rules such that emails are only synchronized if they are more recent than one day, two days, three days, one week, two weeks, or one month old; or so that emails are synchronized without such a restraint. Each Accused Device can change the set of selection rules in 75 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices response to such instruction. As a further example, each Accused Device can receive an instruction from an agent of the second computer system to change the set of flexible selection rules such that attachments to emails are not synchronized, or are only synchronized if they are smaller than a given size. Each Accused Device can change the set of selection rules in response to such instruction. See, e.g., http://www.sysadminlab.net/activesync/android-22-and-activesync-policies-a-complete-guide-what-works (accessed April 12, 2011) 17. A computer system in accordance with claim 16, wherein the act of receiving instructions to change the set of flexible selection rules from an agent of the second computer system comprises the following: an act of receiving instructions to change the set of flexible selection rules from a network administrator of trusted network that includes the second computer system. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can receive instructions to change the set of flexible rules from a network administrator of a network that includes the second computer system and can change the set of flexible rules in response to the instruction. For example, each Accused Device can receive an instruction from a network administrator of a network that includes the second computer system to change the set of flexible selection rules such that calendar items are only synchronized if they are newer than two weeks old. Each Accused Device can change the set of selection rules in response to such an instruction. As another example, each Accused Device can receive an instruction from a network administrator of a network that includes the second computer system to change the set of flexible selection rules such that emails are only synchronized if they are more recent than one day, two days, three days, one week, two weeks, or one month old; or so that emails are synchronized without such a restraint. Each Accused Device can change the set of selection rules in response to such instruction. As a further example, each Accused Device can receive an instruction from a network administrator of a network that includes the second computer system to change the set of flexible selection rules such that attachments to emails are not synchronized, or are only synchronized if they are smaller than a given size. Each Accused Device can change 76 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices the set of selection rules in response to such instruction. See, e.g., http://www.sysadminlab.net/activesync/android-22-and-activesync-policies-a-complete-guide-what-works (accessed April 12, 2011) 18. A computer system in accordance with claim 17, wherein the method further comprises the following: an act of receiving instructions to change the set of flexible selection rules from a user. Each Accused Device, such as, for example, the DROID 2 and DROID X models, can receive instructions to change the set of flexible rules from a user of the first computer system (i.e. each Accused Device) and can change the set of flexible rules in response to the instruction. For example, each Accused Device can receive an instruction to change the set of flexible selection rules such that emails are only synchronized if they are more recent than one day, two days, three days, one week, two weeks, or one month old; or so that emails are synchronized without such a restraint. Each Accused Device can change the set of selection rules in response to such instruction. See Screenshot 10.1. 77 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices Screenshot 10.1: receiving an instruction to change the flexible rule that dictates the age of emails that are synchronized As another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications synchronize only via a Wi-Fi mechanism, while email is set to be synchronized via "push" synchronization. Alternatively, each Accused Device can receive an instruction to change the set of flexible selection rules such that social applications are not restricted in this way. Either way, each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Gmail Synchronization – Motorola Droid 2, http://support.vzw.com/clc/devices/knowledge_base.html?id =31337 (visited Feb. 16, 2011): 78 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use, a secure connection when synchronizing email, and can change the set of flexible selection rules in response to the instruction. See, e.g., Configure Corporate Email (Exchange ActiveSync) – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34193 (visited Feb. 16, 2011): 79 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use a Virtual Private Network (VPN), and can change the set of selection rules in response to the instruction. See, e.g., Add a Virtual Private Network – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =34245 (visited Feb. 23, 2011): 80 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As still another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device uses, or does not use Wi-Fi synchronization mechanisms and can change the set of selection rules in response to the instruction. See, e.g., DROID 2 User Guide at 35-36: See also DROID 2 User Guide at 46: See also, Remove WiFi Connection – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =34876 (visited Feb. 16, 2011): 81 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also, WiFi On/Off – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31315 (visited Feb. 16, 2011): 82 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices As yet another example, each Accused Device can receive an instruction to change the set of flexible selection rules such that the device allows, or does not allow, "roaming," or alternatively to allow, or not allow, synchronizations only using the "home" carrier's synchronization mechanisms. Each Accused Device can change the set of selection rules in response to the instruction. See, e.g., Data Roaming – Motorola DROID X MB810, http://support.vzw.com/clc/devices/knowledge_base.html?id =33954 (visited Feb. 23, 2011): 83 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices See also System Select – Motorola Droid 2 (A955), http://support.vzw.com/clc/devices/knowledge_base.html?id =31420 (visited Feb. 23, 2011): 84 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices 19. A computer system in accordance with claim 18, wherein the act of changing the set of flexible selection rules in response to the instruction, comprises the following: an act of fulfilling the instructions received from the network administrator of the second computer system to the extent that there is a conflict between the instructions received from the network administrator of the second computer system and the instructions received from the user of the first computer system. Each Accused Device fulfils the instructions received from the network administrator of the second computer system to the extent that there is a conflict between the instructions received from the network administrator of the second computer system and the instructions received from the user of the first computer system. For example, if each Accused Device receives an instruction from the network administrator to disable synchronization of email attachments, and the user gives an instruction to synchronize an email attachment by clicking on an attachment to an email message, each Accused Device will not allow the attachment synchronization. As a further example, if each Accused Device receives an instruction from the network administrator to disable synchronization of email attachments greater than a certain size, and the user gives an instruction to synchronize an email attachment that exceeds that size by clicking on an attachment to an email message, each Accused Device will 85 U.S. Patent No. 7,493,130 ('130 Patent) Accused Devices not allow the attachment synchronization. As a further example, if each Accused Device receives an instruction from the network administrator to synchronize only email items received more recently than a certain age, each Accused Device will not allow the user to synchronize older email items. As a further example, if each Accused Device receives an instruction from the network administrator to synchronize only calendar items more recent than a certain age, each Accused Device will not allow the user to synchronize older calendar items. See, e.g., http://www.sysadminlab.net/activesync/android-22-and-activesync-policies-a-complete-guide-what-works (accessed April 12, 2011) 86

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