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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‘853 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. 6,897,853
(‘853 Patent)

Accused Devices

7. A method for classifying a
Each Accused Device classifies a user's input to a computer.
user's input to a computer
comprising the steps of:
Each Accused Device is a handheld computer. For example,
Figure 7-1 shows the Motorola device branded as Droid 2
(hereinafter, "Droid 2").

Figure 7-1.
See also "Droid 2 by Motorola,"
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Accused Devices
http://www.motorola.com/Consumers/US-EN/ConsumerProduct-and-Services/Mobile-Phones/Motorola-DROID-2-USEN (visited March. 18, 2011).
Each Accused Device includes a graphical user interface that
includes a touch screen display. (See id.) (describing the Droid
2’s touch-sensitive interface)

receiving a user's input;

Each Accused Device receives a user's input.
The touch screen display receives input in the form of physical
contact from a user's finger. (Ex. Id.) (describing the Droid 2's
touch-sensitive interface).

Each Accused Device determines whether the input is a
and first determining whether
stroke based on a first move threshold.
the input is a stroke based on
a first move threshold;
The Android operating system on Each Accused Device
provides a GestureDetector class for identifying "gestures."
(See http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.html.)
GestureDetector detects fling (i.e., "stroke") gestures. When a
user releases his or her finger from the touch screen, the function
onTouchEvent() determines whether the user's finger swept
across the screen based on a move threshold.
Next, the nested class GestureDetector.OnGestureListener calls
a function based on the gesture that the user performed. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.
html.) By way of example, this nested class includes onFling(),
which corresponds to a fling gesture. (See id.)
With reference to an example, Figure 7-2 shows that Droid 2
includes a home screen that displays widgets, including a widget
showing the date.

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Accused Devices

Figure 7-2.
When a user performs a fling gesture in the leftwards direction,
the screen advances to expose another screen panel that can
optionally contain additional program icons.

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Accused Devices

Figure 7-3.

if the input is not a stroke,
then second determining
whether the input is a tap
based on a time threshold;

Thus, in this example, the Droid 2 determines whether a user
performed a fling in order to determine whether to advance the
screen to expose another screen panel.
If the input is not a stroke, Each Accused Device determines
whether the input is a tap based on a time threshold.
GestureDetector detects tap gestures. In a "tap" gesture, the
user's finger is held against the touch screen for less than a
threshold amount of time. The threshold is identified as a
constant in the GestureDetector class. (See
android/frameworks/base/core/android/view/GestureDetector.ja
va).
The nested class GestureDetector.OnGestureListener calls a
function based on the gesture that the user performed. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.
html.) By way of example, this nested class includes
onSingleTapUp(), which corresponds to a "tap" gesture. (See
id.)
With reference to the example described above, when a user
performs a tap gesture on the date widget, the widget opens and
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Accused Devices
a calendar view for that day appears.

Figure 7-4.

if the input is neither a stroke
nor a tap, then third
determining whether the
stroke is a hold or a hold and
drag.

Thus, in this example Droid 2 determines whether the input was
a tap in determining whether to open the widget.
If the input is neither a stroke nor a tap, Each Accused
Device determines whether the stroke is a hold or a holdand-drag.
GestureDetector determines whether the user performed a long
press (i.e., "hold") based on a time threshold. In a "tap" gesture,
the user's finger is held against the touch screen for more than a
threshold amount of time. The threshold is identified as a
constant in the GestureDetector class. (See
android/frameworks/base/core/android/view/GestureDetector.ja
va).
Next, the nested class GestureDetector.OnGestureListener calls
a function based on the gesture that the user performed. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.
html.) By way of example, this nested class includes
onLongPress(), which corresponds to a "hold" gesture. (See id.)

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Accused Devices
By way of example, when a user performs a long press on the
date widget and then releases his or her finger, the screen
switches to a mode that allows the user to resize the widget, as
shown in Figure 7-5.

Figure 7-5.
Each Accused Device also determines whether the user, after
pressing on the screen for more than a threshold amount of time,
moves his or her finger to perform a "hold and drag." If the
gesture is a hold and drag, the phones determine that the user
wants to move the widget. It makes this determination based on
whether the user moves the widget more than a threshold
distance from its original location.
By way of example, in Figure 7-6, the user has pressed the icon
but has not moved the widget more than a threshold distance
from its original location and the widget will not be moved to a
new location.

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Accused Devices

Figure 7-6.
In Figure 7-7, the user has moved the widget more than a
threshold distance from its original location.

Figure 7-7.
Thus, this is classified as a hold and drag and the icon is placed
in a new location as shown in Figure 7-8.
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Accused Devices

Figure 7-8.
Similarly this functionality can also be seen in relation to icons
placed on the home screen. When a user performs a long press
on an icon for a program application, the screen switches to an
alternate mode that allows the user to move the icon to a new
location. This is depicted in Figure 7-9 below, in which a user
performed a long press on the "Browser" icon. In this mode, the
selected icon becomes enlarged.

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Accused Devices

Figure 7-9
Each Accused Device then determines whether the gesture that
the user has performed is a "hold" or a "hold and drag." If the
gesture is a hold and drag, Each Accused Device determines that
the user wants to move the icon. It makes this determination
based on whether the user moves the icon more than a threshold
distance from its original location.
In Figure 7-10, the user has not moved the icon more than a
threshold distance from its original location.

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Accused Devices

Figure 7-10.
Thus, this motion is not classified as a hold and drag, and the
icon returns to its original location as shown in Figure 7-11.

Figure 7-11.

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In Figure 7-12, the user does move the icon more than the
threshold distance.

Figure 7-12.
Thus, this motion is classified as a hold and drag and the icon is
placed in its new location as shown in Figure 7-13.

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Accused Devices

Figure 7-13.
Thus, Each Accused Device determines whether the user has
performed a hold on the icon, or a hold and drag on the icon.

8. The method of classifying
a user’s input according to
claim 7, wherein, if said
input satisfies said first move
threshold, the input is
classified as a stroke.

Each Accused Device classifies a user's input as a stroke if
the input satisfies a first move threshold.

9. The method of classifying
a user’s input according to
claim 7, wherein, if said
input does not satisfy said
first move threshold and said
input does not satisfy said

Each Accused Device classifies a user's input as a tap if the
input does not satisfy a first move threshold and time
threshold.

As explained above, the Android Operating System on each
Accused Device provides a GestureDetector class for identifying
"gestures." (See http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.html.)
GestureDetector detects fling (i.e., "stroke") gestures. When a
user releases his or her finger from the touch screen, the function
onTouchEvent() determines whether the user's finger swept
across the screen based on a move threshold. If this condition is
met the Droid classifies the move as a “fling” or stroke.

As explained above, GestureDetector detects tap gestures. In a

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time threshold, the input is
classified as a tap.

10. The method of
classifying a user’s input
according to claim 7,
wherein, if said input does
not satisfy said first time
threshold and said input does
not satisfy said second move
threshold, said input is
classified as a hold.

Accused Devices
"tap" gesture, the user's finger is held against the touch screen
for less than a threshold amount of time. The threshold is
identified as a constant in the GestureDetector class. (See
android/frameworks/base/core/android/view/GestureDetector.ja
va).
The nested class GestureDetector.OnGestureListener calls a
function based on the gesture that the user performed. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.
html.) By way of example, this nested class includes
onSingleTapUp(), which corresponds to a "tap" gesture. (See
id.) In this way the accused phones classify a user’s input as a
“tap.”
Each Accused Device classifies a user's input as a hold if the
input does not satisfy a first time threshold and second move
threshold.
As explained above, GestureDetector determines whether the
user performed a long press (i.e., "hold") based on a time
threshold. In a "hold" gesture, the user's finger is held against
the touch screen for more than a threshold amount of time. The
threshold is identified as a constant in the GestureDetector class.
(See
android/frameworks/base/core/android/view/GestureDetector.ja
va).
Next, the nested class GestureDetector.OnGestureListener calls
a function based on the gesture that the user performed. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.
html.) By way of example, this nested class includes
onLongPress(), which corresponds to a "hold" gesture. (See id.)

In this way the accused phones classify the gesture as a
LongPress or “hold.”
11. The method of
Each Accused Device classifies a user's input as a hold if the
classifying a user's input
input does not satisfy a first time threshold and second move
according to claim 10, further threshold.
comprising the step of:
As explained above, GestureDetector determines whether the
simulating a right mouse
user performed a long press (i.e., "hold") based on a time
click responsive to said input threshold. In a "hold" gesture, the user's finger is held against
being classified as a hold.
the touch screen for more than a threshold amount of time. The
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Accused Devices
threshold is identified as a constant in the GestureDetector class.
(See
android/frameworks/base/core/android/view/GestureDetector.ja
va).
Next, the nested class GestureDetector.OnGestureListener calls
a function based on the gesture that the user performed. (See
http://developer.android.com/intl/zhTW/reference/android/view/GestureDetector.OnGestureListener.
html.) By way of example, this nested class includes
onLongPress(), which corresponds to a "hold" gesture. (See id.)
When a LongPress is detected on a list item the Android system
simulates a right mouse click.
For instance, "[t]he Android system provides two types of menus
you can use to provide functionality or navigation." (Menu
Design Guidelines.) One of the menus that the accused devices
generate is a context menu: "This is a floating list of menu items
that may appear when you perform a long-press on a View (such
as a list item)." Ex. B , "Creating Menus Documentation,"
http://developer.android.com/guide/topics/ui/menus.html (visited
March. 18, 2011). An exemplary list of items is shown in Figure
11-1 below:

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Accused Devices

Figure 11-1.
Figure 11-2 shows an exemplary context menu that is generated
when the user performs a LongPress or “hold” on one of the list
items in figure 11-1.

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Accused Devices

Figure 11-2

"The Android context menu is similar, in concept, to the menu
revealed with a 'right-click' on a PC. When a view is registered
to a context menu, performing a 'long-press' (press and hold for
about two seconds) on the object will reveal a floating menu that
provides functions relating to that item." Id.
Thus, each Accused Device simulates a right mouse click
responsive to a user input being classified as a hold.

CH1 5771911v.2

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