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)

E
X
H
I
B
I
T
B

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: [phone]
Norman H. Beamer
Mark D. Rowland
Gabrielle E. Higgins
Ropes & Gray LLP
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303
Telephone: [phone]
Kevin J. Post
Megan F. Raymond
Ropes & Gray LLP
One Metro Center
700 12th Street NW, Suite 900
Washington, DC 20005
Telephone: [phone]
Edward M. Mullins
Hal M. Lucas
Astigarraga Davis Mullins & Grossman, P.A.
701 Brickell Avenue
16th Floor
Miami, FL 33131
Telephone: [phone]
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: [phone]
Email: [e-mail]
[e-mail]
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: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

Brian R. Nester
Kevin C. Wheeler
SIDLEY AUSTIN LLP
1501 K Street NW
Washington, DC 20005
Tel: [phone]
Email: [e-mail]
[e-mail]

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