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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‘536 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. 6,791,536
(‘536 Patent)

Accused Devices

14. A computer configured
to simulate at least one
gesture of a pointing device
having a primary switch
and a secondary switch
responsive to stylus input,
the computer comprising:

Each Accused Device is a computer configured to simulate at
least one gesture of a pointing device having a primary switch
and a secondary switch responsive to stylus input.
Each Accused Device is a handheld computer. (See
http://www.motorola.com/Consumers/US-EN/Consumer-Productand-Services/Mobile-Phones/ci.Motorola-DROID-2-US-EN.alt)
(describing Droid 2’s processor and other specifications.) Each
Accused Device includes the Android operating system platform
(“Android”). (See id.)
By way of example, Figure 14-1 shows the Motorola device
branded as Droid 2 (hereinafter, “Droid 2”).

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Figure 14-1.

a touch-sensitive display
surface;

and a processor coupled to
the touch-sensitive display
surface and configured to
detect whether the stylus is
held against the touchsensitive display surface
for at least a threshold
amount of time,

Each Accused Device is configured to simulate at least one gesture
of a pointing device having a primary switch and a secondary
switch. Each Accused Device is configured to simulate a mouse.
Such a mouse may have a “left” mouse button that serves as a
primary switch and a “right” mouse button that serves as a
secondary switch.
Each Accused Device has a touch-sensitive display surface.
Each Accused Device includes a touch-sensitive display. (See id.)
(describing the touch screen interface of the Droid 2)
Each Accused Device includes a processor coupled to the
touch-sensitive display. This processor is configured to detect
whether the stylus is held against the touch-sensitive display
surface for at least a threshold amount of time.
Each Accused Device includes a processor. (See id.) (describing
Motorola's Droid 2’s computer processor and other specifications.)
The processor is configured to detect whether a user presses his or
her finger against the touch screen display for at least a threshold
amount of time. The Android operating system on Each Accused
Device provides a GestureDetector class for identifying
“gestures.” (http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.html.)
GestureDetector analyzes user input events and determines which
gestures the user has performed. In one exemplary usage,
GestureDetector detects “tap” and “long press” gestures. For a
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“tap” gesture, the user’s finger is held against the touch screen for
less than a threshold amount of time and for a “long press”
gesture, the user’s finger is held against the touch screen for at
least a threshold amount of time. The threshold is identified as a
constant in the GestureDetector class. (See
android/frameworks/base/core/java/android/view/GestureDetector.
java)

and in response to the
stylus being held against
the touch-sensitive display
surface for at least the
threshold amount of time
generating at least one
event representing an
activation of the secondary
switch of the pointing
device, and

Each Accused Device, in response to the stylus being held against
the touch-sensitive display surface for at least the threshold
amount of time, generates at least one event representing an
activation of the secondary switch of the pointing device.
As discussed above, GestureDetector determines when a user has
performed a “long press” gesture. The nested class
GestureDetector.OnGestureListener then generates events
representing an activation of the secondary switch of the pointing
device. (See http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.ht
ml.) By way of example, this nested class includes
onLongPress(),which generates an event representative of a rightclick on a mouse after a “long press” gesture. (See id.)
With reference to an example, Figure 14-2 shows a list of contacts
displayed on the Droid 2.

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Accused Devices

Figure 14-2.
When a user performs a long press on one of the contact names in
the list, the application generates a context menu that overlays the
contacts list view as shown in figure 14-3.

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Figure 14-3.
Thus, the contacts list generates a context menu representing an
activation of the secondary switch of a pointing device. (See
http://developer.android.com/intl/zhTW/guide/practices/ui_guidelines/menu_design.html) (stating that
“[a] Context menu is similar to a right-click context menu in a
desktop operating system. …. A user can touch & hold on content
on the screen to access a Context menu.”)

With reference to another example, Figure 14-4 shows that Droid
2 includes a Calendar application.

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Accused Devices

Figure 14-4.
Figure 14-5 shows a screenshot from the Calendar application.

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Figure 14-5.
When a user performs a long press on one of the objects
representing a day, the application generates a context menu that
overlays the month view, as shown in Figure 14-6.

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Figure 14-6.
Thus, the Calendar application generates a context menu
representing an activation of the secondary switch of a pointing
device. (See http://developer.android.com/intl/zhTW/guide/practices/ui_guidelines/menu_design.html) (stating that
“[a] Context menu is similar to a right-click context menu in a
desktop operating system. …. A user can touch & hold on content
on the screen to access a Context menu.”)

in response to the stylus
being removed from the
touch-sensitive display
surface before the threshold
amount of time generating
at least one event

Each Accused Device, in response to the stylus being removed
from the touch-sensitive display surface before the threshold
amount of time, generates at least one event representing an
activation of the primary switch of the pointing device.
GestureDetector determines when a user has performed a “tap”
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representing an activation
gesture. The nested class GestureDetector.OnGestureListener
of the primary switch of the then generates events representing an activation of the primary
pointing device.
switch of the pointing device. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.ht
ml.) By way of example, this nested class includes
onSingleTapUp(),which will generate an event representative of a
left-click on a mouse after a “tap” gesture. (See id.)
By way of example, in the contacts list as shown in Figure 14-2
above, when a user performs a tap on one of the contacts in the
list, the application switches to a screen showing information
relating to the selected contact as shown in figure 14-7

.
Figure 14-7
Each Accused Device does not generate a context menu when the
user performs a tap on a contact in the list. This behavior is
representative of the primary switch of a pointing device – e.g., a
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“left click” on a mouse.
By way of example, in the calendar application as shown in Figure
14-5 above, when a user performs a tap on one of the objects
representing a day, the application switches to a screen that shows
the events scheduled on the calendar for that day as shown in
Figure 14-8.

Figure 14-8.

The Calendar application does not generate a context menu when
the user performs a tap on an object in the month view. This
behavior is representative of the primary switch of a pointing
device – e.g., a “left click” on a mouse.

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Accused Devices

16. The method of claim
14, wherein the pointing
device comprises a mouse,
the primary switch
comprises a left button of
the mouse, and the
secondary switch
comprises a right button of
the mouse.

Each Accused Device is configured to simulate at least one
gesture of a pointing where the pointing device comprises a
mouse.

17. The method of claim
14, wherein the pointing
device comprises a
trackball, the primary
switch comprises a left
button of the trackball, and
the secondary switch
comprises a right button of
the trackball.

Each Accused Device is configured to simulate at least one
gesture of a pointing device where the pointing device
comprises a trackball.

37. In a computer, a
method for providing
feedback responsive to use
of a stylus on a touchsensitive display surface,
the method comprising the
steps of:

Each Accused Device is a computer configured to perform a
method for providing feedback responsive to use of a stylus on
a touch-sensitive display surface.

Each Accused Device is configured to simulate a mouse. Such a
mouse may have a “left” mouse button that serves as a primary
switch and a “right” mouse button that serves as a secondary
switch. (See
http://developer.android.com/guide/practices/ui_guidelines/menu_
design.html) (stating that “[a] Context menu is similar to a rightclick context menu in a desktop operating system. …. A user can
touch & hold on content on the screen to access a Context menu.”)

Each Accused Device is configured to simulate a trackball. Such a
trackball may have a “left” button that serves as a primary switch
and a “right” button that serves as a secondary switch. (See
http://developer.android.com/guide/practices/ui_guidelines/menu_
design.html) (stating that “[a] Context menu is similar to a rightclick context menu in a desktop operating system. …. A user can
touch & hold on content on the screen to access a Context menu.”)

Each Accused Device is a handheld computer. (See
http://www.motorola.com/Consumers/US-EN/Consumer-Productand-Services/Mobile-Phones/ci.Motorola-DROID-2-US-EN.alt)
(describing Motorola's computer processor and other
specifications.) Each Accused Device includes the Android
operating system platform (“Android”). (See id.)
By way of example, Figure 37-1 shows the Motorola device
branded as Droid 2 (hereinafter, “Droid 2”).

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Accused Devices

Figure 37-1.
Each Accused Device is configured to provide feedback response
to use of a stylus on a touch-sensitive display surface
Each Accused Device has a touch-sensitive display surface.
Each Accused Device includes a touch-sensitive display. (See id.)
(describing the touch screen interface of the Droid 2)
detecting whether a stylus
is being held down on a
touch-sensitive display
surface for at least a
threshold amount of time;
and

Each Accused Device detects whether the stylus is held against
the touch-sensitive display surface for at least a threshold
amount of time.
Each Accused Device includes a processor. (See id.) (describing
the Droid 2’s computer processor and other specifications.)
The processor is configured to detect whether a user presses his or
her finger against the touch screen display for at least a threshold
amount of time. The Android operating system on Each Accused
Device provides a GestureDetector class for identifying
“gestures.” (http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.html.)
GestureDetector analyzes user input events and determines which
gestures the user has performed. In one exemplary usage,
GestureDetector detects “tap” and “long press” gestures. For a
“tap” gesture, the user’s finger is held against the touch screen for
less than a threshold amount of time and for a “long press”
gesture, the user’s finger is held against the touch screen for at
least a threshold amount of time. The threshold is identified as a
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constant in the GestureDetector class. (See
android/frameworks/base/core/java/android/view/GestureDetector
.java)

generating a state change
indicator responsive to the
stylus being held down for
at least the threshold
amount of time.

Each Accused Device generates a state change indicator.
With reference to an example, Figure 37-2 shows the Droid 2
displaying a list of contact entries.

Figure 37-2.
The user may perform a long press on a contact name in the list.
When a user places a finger down on a contact name in the list, the
device highlights the background of the contact name in a solid
color, such as red, as shown in Figure 37-3.
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Figure 37-3.

While the user keeps the finger down on the touchscreen, the color
of the background of the selected contact name fades to a lighter
shade as shown in Figure 37-4.

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Figure 37-4.

After a delay, the selected contact’s background changes back to
the original background color. After the color changes back to the
original background color, the device displays a context menu as
shown in Figure 37-5.

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Figure 37-5
In this example, the sequence of color changes of the contact name
background is a state change indicator.
With reference to another example, Figure 37-6 shows that Droid
2 includes a Calendar application.

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Figure 37-6.
Figure 37-7 shows a screenshot from the Calendar application.

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Figure 37-7.
A user may perform a long press on a day in the calendar. When a
user places a finger down on a day in the calendar, the device
highlights the day by filling the day in a solid color, such as grey,
as shown in Figure 37-7. After a delay, the device changes the fill
color of the day to the original color. After the color of the day
changes, the device displays a context menu as shown in Figure
37-8.

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Figure 37-8.
In this example, the changing color of the selected day is the state
change indicator.
With reference to yet another example, when a user performs a
long press on an icon on the home screen such as the browser icon
shown in figure 37-9, the device provides a state change indicator.

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Figure 37-9.
In response to a long click of an icon on the home screen, the
device generates tactile feedback in the form of a vibration
impulse and then enters a mode where the user can move home
screen icons. As shown in figure 37-10.

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Figure 37-10
In this example, the vibration impulse is a state change indicator.

38. The method of claim
37, wherein the step of
generating includes
generating a visual state
change indicator on the
touch-sensitive display
surface.

Each Accused Device generates a visual state change indicator
on the touch-sensitive display surface.

In the example described above in relation to the contacts list as
shown in figure 37-2 – 37-5, the device causes the color of the
background of a contact name to fade from red to a lighter shade
and then change back to its original color. In this way the device
generates a visual state change indicator on the touch-sensitive
display surface
In the example described above in relation to the calendar
application shown in Figures 37-6 – 37-8, the device changes the
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color of the selected day before displaying a context menu. In this
way, the device generates a visual state change indicator on the
touch-sensitive display surface.

39. The method of claim
37, wherein the step of
generating includes
generating a visual state
change indicator at a
location on the touchsensitive display surface
depending upon a location
of the stylus.

Each Accused Device generates a visual state change indicator
at a location dependent upon the stylus.

In the example described above in relation to the contacts list as
shown in Figures 37-2 – 37-5, the device causes the color of the
background of a contact name to fade from red to a lighter shade
of red and then change back to its original color. Because the
device changes the color of the contact name background that the
user selects with a finger, the visual state change indicator location
depends upon the location of the stylus.
In another example described above in relation to the calendar
application shown in Figures 37-6 – 37-8, the device changes the
color of the selected day before displaying a context menu.
Because the device changes the color of the day that the user
selects with a finger, the visual state change indicator location
depends upon the location of the stylus.

40. The method of claim
37, wherein the step of
generating includes
generating an animated
visual state change
indicator on the touchsensitive display surface.

Each Accused Device generates an animated visual state
change indicator.
In the example described above in relation to the contacts list as
shown in Figures 37-2 – 37-5, the device causes the color of the
background of a selected contact name to fade from red to a lighter
shade of red and then change back to its original color. Because
the state change indicator changes over time, the Droid 2 generates
an animated state change indicator.

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