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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‘904 Patent Infringement Contentions
In regards to U.S. Patent No. 6,897,904 (“the ‘904 Patent”), Motorola’s infringing
products (“Accused Devices”) include Motorola set-top boxes with digital video recording
(DVR) functionality and two or more tuners, as well as associated software. The Accused
Devices include the DCH6416 and DCX3400 and other set-top boxes running software version
78.xx or substantially similar software. The figures and illustrations in the infringement chart
below display the DCH6416 as an exemplary Device.

U.S. Patent No. 6,897,904
(’904 Patent)
12. A method comprising:

Accused Devices
Each Accused Device is a set top box capable of performing
the claimed method.
By way of example, Figure 1-1 shows the Motorola device
branded as DCH6416.

Figure 1-1. Specification Sheet, DCH6416 Set-top Box (2009),
cover page.
This device is a set-top box. (See
http://www.motorola.com/staticfiles/VideoSolutions/Products/TV%20Video%20Distribution/Customer%2
0Premises%20Equipment/Digital-Analog%20QAM%20Settops/DCH6416/_Documents/Static%20Files/Updated%20DCH6
416%20Data%20Sheet.pdf and
http://www.motorola.com/staticfiles/VideoSolutions/Products/TV%20Video%20Distribution/Customer%2
0Premises%20Equipment/Digital-Analog%20QAM%20Settops/DCH6416/_Documents/Static%20Files/DCH6416_User_G
uide_536372-001-d.pdf )
The DCH6416 performs the claimed method.
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U.S. Patent No. 6,897,904
(’904 Patent)

Accused Devices

By way of example, the DCH6416 Specification Sheet provides:
“The Motorola DCH6416 analog/digital HD DVR Host set-top
provides a full set of SDTV, HDTV, and data features and
interfaces. … Features … Digital Video Recording (DVR) with
support for dual recording and watch-and-record functionality”
Specification Sheet, DCH6416 Set-top Box (2009), p. 1.

receiving a request to record
a program on a first channel;

By way of example, the Operation Manual DCH6416 User
Guide provides: “With the DCH6416 receiver, you can: …
Simultaneous Watch and Record. Record one program in the
background while viewing another live broadcast at the same
time.
Simultaneously Record Two Shows. Record two programs from
two different channels at the same time.” Operation Manual
DCH6416 User Guide, p. 7.
Each Accused Device receives a request to record a program
on a first channel.
The DCH6416 receives a request to tune to a program on a first
channel.
By way of example, the DCH6416 Operation Manual provides:

Changing Channels
You can change channels in three ways:
• Press CHANNEL + or – on the front panel of the DCH
receiver or the remote control to step through the
channel selection.
• Enter the number of the channel you wish to view using
the number keys on the remote control.
• Select the channel in the Interactive Program Guide.

Operation Manual DCH6416 User Guide, p. 5.
The DCH6416 receives a request from the user to record a
program on the first channel.
By way of example, the Operation Manual DCH6416 User
Guide provides: “With the DCH6416 receiver, you can: …
Simultaneous Watch and Record. Record one program in the
background while viewing another live broadcast at the same
time.” Operation Manual DCH6416 User Guide, p. 7.
When the recording starts, the DCH6416 displays

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U.S. Patent No. 6,897,904
(’904 Patent)

assigning a first tuner to tune
the first channel;

Accused Devices
“RECORDING STARTED Your scheduled program is now
being recorded” on the user’s television screen.
Each Accused Device assigns a first tuner to tune the first
channel.
The DCH6416 assigns a first tuner (one of the two tuners) to
tune the first channel.

receiving a request to tune a
second channel;

By way of example, the Operation Manual DCH6416 User
Guide provides: “With the DCH6416 receiver, you can: …
Simultaneous Watch and Record. Record one program in the
background while viewing another live broadcast at the same
time.” Operation Manual DCH6416 User Guide, p. 7.
Each Accused Device receives a request to tune a second
channel.
The DCH6416 receives a request from the user to tune a second
channel.
By way of example, the Operation Manual DCH6416 User
Guide provides:

Changing Channels
You can change channels in three ways:
• Press CHANNEL + or – on the front panel of the DCH
receiver or the remote control to step through the
channel selection.
• Enter the number of the channel you wish to view using
the number keys on the remote control.
• Select the channel in the Interactive Program Guide.

Operation Manual DCH6416 User Guide, p. 5.
assigning a second tuner to
Each Accused Device assigns a second tuner to tune the
tune the second channel if the second channel if the second tuner is available for tuning.
second tuner is available for
tuning;
The DCH6416 assigns a second tuner to tune the second channel
if the second tuner is available for tuning.

receiving a request to tune
the first channel;

By way of example, the Operation Manual DCH6416 User
Guide provides: “With the DCH6416 receiver, you can: …
Simultaneous Watch and Record. Record one program in the
background while viewing another live broadcast at the same
time.” Operation Manual DCH6416 User Guide, p. 7.
Each Accused Device receives a request to tune the first
channel.

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U.S. Patent No. 6,897,904
(’904 Patent)

Accused Devices

The DCH6416 receives a request to tune the first channel (The
channel that is being recorded).
By way of example, the Operation Manual DCH6416 User
Guide provides:

Changing Channels
You can change channels in three ways:
• Press CHANNEL + or – on the front panel of the DCH
receiver or the remote control to step through the
channel selection.
• Enter the number of the channel you wish to view using
the number keys on the remote control.
• Select the channel in the Interactive Program Guide.

Operation Manual DCH6416 User Guide, p. 5.

switching to the first tuner;
and

“With the DCH6416 receiver, you can: … Simultaneous Watch
and Record. Record one program in the background while
viewing another live broadcast at the same time.” Operation
Manual DCH6416 User Guide, p. 7.
Each Accused Device switches to the first tuner.
The DCH6416 switches to the first tuner (the tuner that is
recording the program on the first channel).

displaying an indicator that
the user is now watching a
recorded program.

By way of example, the Operation Manual DCH6416 User
Guide provides: “With the DCH6416 receiver, you can: …
Simultaneous Watch and Record. Record one program in the
background while viewing another live broadcast at the same
time.” Operation Manual DCH6416 User Guide, p. 7.
Each Accused Device displays an indicator that the user is
now watching a recorded program.
The DCH6416 displays an indicator (a red dot on the
information bar) to indicate that the user is now watching a
recorded program.
Each Accused Device is a set top box.

18. A method as recited in
claim 12, wherein the method
is performed by a set top box. The DCH6416 is a set top box that performs the method recited
in claim 12.
19. A method as recited in
Each Accused Device displays the program content currently
claim 12, wherein switching being tuned by the first tuner.
to the first tuner includes

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U.S. Patent No. 6,897,904
(’904 Patent)

Accused Devices

displaying the program
content currently being tuned
by the first tuner.
20. A method as recited in
claim 12, wherein switching
to the first tuner includes
displaying previously
recorded program content if
the first tuner has been
recording the tuned content.

The DCH6416 displays on the user’s television the program
content currently being tuned by the first tuner (the program that
is being recorded).
Each Accused Device displays previously recorded program
content if the first tuner has been recording the tuned
content.
The DCH6416 displays the previously recorded program content
if the first tuner has been recording the tuned content.
By way of example, the Operation Manual DCH6416 User
Guide provides: “With the DCH6416 receiver, you can: …
Control Live TV. Pause, rewind, and fast forward live TV.”
Operation Manual DCH6416 User Guide, p. 7.

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