Motorola Mobility, Inc. v. Microsoft Corporation

Filing 133

NOTICE by Microsoft Corporation re #126 Defendant's MOTION for Summary Judgment (Redacted) of Filing Additional Exhibits (Attachments: #1 Appendix Index to Additional Exhibits, #2 Exhibit 1103, #3 Exhibit 1104, #4 Exhibit 1106, #5 Exhibit 1107, #6 Exhibit 1108, #7 Exhibit 1109, #8 Exhibit 1113)(Miner, Curtis)

UNITED STATES PATENT NO. 6,272,333
INFRINGEMENT CLAIM CHART FOR CLAIMS 1, 3, 5-7, 12-13
U.S. Pat. No.
6,272,333
1. A method in a
wireless communication
system for controlling a
delivery of data from a
fixed portion of the
wireless communication
system to a subscriber
unit
the method comprising in
the subscriber unit the
step of:

Microsoft Windows Phone 7 and Windows Marketplace
Upon information and belief, Windows Phone 7 and Windows
Marketplace perform each and every limitation of this claim.
Plaintiff herein refers to Windows Phone 7 by way of example
only. Upon information and belief, Windows Mobile 6.5 and
Windows Marketplace for Mobile also perform each and every
limitation of this claim.

Upon information and belief, Microsoft sells its Windows Phone 7
operating system to manufacturers for installation on Smartphones
such as Samsung, LG, HTC, and Dell. See, e.g., Window Phone
7: Buy your phone, accessed at
http://www.microsoft.com/windowsphone/enus/buy/7/phones.aspx (reproduced below).

Windows Phone 7 Smartphones, like the HTC HD7, are subscriber
units. See, e.g., HTC HD7 Specification, accessed at
http://www.htc.com/www/product/hd7/specification.html.

maintaining an
application registry
comprising a list of all
software applications that

Upon information and belief, Windows Phone 7 (running on a
Smartphone) maintains an application registry comprising a list of
all software applications that are currently accessible to the
subscriber unit.
-1-

are currently accessible
to the subscriber unit;
and

Specifically, upon information and belief, Windows Phone 7
allows a user to install, delete, update, and re-install applications.
See, e.g., Windows Phone 7: Get apps on your phone, accessed at
http://www.microsoft.com/windowsphone/enus/howto/wp7/apps/marketplace-hub.aspx (reproduced below).

Upon information and belief, Windows Phone 7 maintains an
application registry comprising a list of the software applications
that are currently accessible to the subscriber unit, including those
installed using the steps described above (or deleted, updated, or
re-installed as applicable). As a specific non-limiting example, a
user may view accessible applications. See, e.g., Windows Phone
7: Get apps on your phone, accessed at
http://www.microsoft.com/windowsphone/enus/howto/wp7/apps/marketplace-hub.aspx (reproduced below).

in the fixed portion of the
wireless communication
system, the steps of:

Upon information and belief, the wireless communication system
includes a fixed portion, e.g., the Windows Marketplace and any
servers on which it runs. Windows Marketplace performs each of
the recited steps.

keeping a current copy of Upon information and belief, the Marketplace keeps a current
the application registry of copy of the application registry of the subscriber unit. See
the subscriber unit;
Windows Phone 7 Marketplace: Frequently asked questions about
download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below)
(explaining that Marketplace keeps a backup copy of the
subscriber unit’s applications).

-2-

checking the current
copy of the application
registry in response to
having the data to send to
the subscriber unit; and

Upon information and belief, the Marketplace checks the copy of
the application registry in response to having data to send to the
subscriber unit.

sending the data only
when the checking step
determines that an
application compatible
with the data is
accessible to the
subscriber unit.

Upon information and belief, the Marketplace sends the data only
when the checking step determines that an application compatible
with the data is accessible to the subscriber unit.

3. The method of claim
1, wherein the
maintaining step
comprises, in response to
a change in accessibility
of an application, the
steps of:

See claim 1 above.

updating the application
registry; and

Upon information and belief, Windows Phone 7 (running on a
Smartphone) updates the application registry in response to a
change in accessibility of an application, e.g., the addition,
deletion, updating, and/or re-installation of an application.

See, e.g., claim 5[b][i-ii] below.

See, e.g., claim 5[b][i-ii] below.

As a specific non-limiting example, upon information and belief,
Windows Phone 7 can update the application registry by removing
an application from the registry when a user deletes that
application. See Windows Phone 7 Marketplace: Frequently asked
questions about download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below).

-3-

Upon information and belief, once the user of a subscriber unit has
deleted an application according to the steps described above, for
example, Windows Phone 7 updates the application registry so
that the deleted application is removed. As a specific non-limiting
example, the deleted application will no longer be available for
viewing by a user.
communicating the
change to the fixed
portion of the wireless
communication system.

Upon information and belief, Windows Phone 7 (running on a
Smartphone) communicates the change to the Marketplace (a fixed
portion of the wireless communication system). See Windows
Phone 7 Marketplace: Frequently asked questions about download
and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below).

Upon information and belief, when a user installs, deletes, updates
and/or re-installs an application, for example, Windows Phone 7
communicates this information to the Marketplace so that a
“backup copy” of the information can be kept.
5. The method of claim
1, wherein the
maintaining step
comprises the step of

See claim 1 above.

[a] registering an
application version

Upon information and belief, Windows Phone 7 (running on a
Smartphone) is capable of registering an application version
-4-

number for at least one of
the applications
accessible to the
subscriber unit; and

number for at least one of the applications accessible to the
Smartphone. See Updating Applications in Windows Phone
Marketplace, accessed at http://msdn.microsoft.com/enus/library/gg442301(v=VS.92).aspx?ppud=4&wa=wsignin1.0
(“The version number of your application is stored both in your
application and in the Windows Phone Marketplace. . . . The
version number of your application is stored in the manifest file.”).

[b] wherein the method
further comprises, in the
fixed portion of the
wireless communication
system, the steps of:

Upon information and belief, the wireless communication system
includes a fixed portion, e.g., the Windows Marketplace and any
servers on which it runs. Windows Marketplace performs each of
the recited steps.

[i] checking the
application version
number for the at least
one of the applications in
response to a
predetermined stimulus;
and

Upon information and belief, the Marketplace checks the
application version number in response to a predetermined
stimulus, for example, in response to the appearance of a new
application version number (i.e., an update) in the Marketplace.
See Updating Applications in Windows Phone Marketplace,
accessed at http://msdn.microsoft.com/enus/library/gg442301(v=VS.92).aspx?ppud=4&wa=wsignin1.0 (“If
you make changes to your application, and you want to release the
new version to users, keep in mind the following: . . . your users
are notified automatically that there is an update available.”).
Upon information and belief, the Marketplace checks the
application version number in order to notify the users of old
versions of the application that an update is available for them to
access. See, e.g., Windows Phone 7 Marketplace: Frequently
asked questions about download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below).

[ii] taking a
predetermined action to
trigger a software update
when the application
version number is an old

Upon information and belief, the Marketplace takes predetermined
action, for example, issuing an update notification as discussed
above, to trigger a software update when the application version is
an old version.

-5-

version.

See Updating Applications in Windows Phone Marketplace,
accessed at http://msdn.microsoft.com/enus/library/gg442301(v=VS.92).aspx?ppud=4&wa=wsignin1.0 (“If
you make changes to your application, and you want to release the
new version to users, keep in mind the following: . . . your users
are notified automatically that there is an update available.”).
See, e.g., Windows Phone 7 Marketplace: Frequently asked
questions about download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below).

6. The method of claim
5,

See claim 5 above.

wherein the step of
checking the application
version number is
performed in response to
one of:

Upon information and belief, the Marketplace checks the
application version number at least in response to an appearance of
a new application version number (i.e., an update) in the wireless
communication system (i.e., in Marketplace).

a) a receipt of an update
to the application registry
of the subscriber unit
which adds an
application not present in
the current copy,

b) an appearance in the
wireless communication
system of a new
application version
number, and

See Updating Applications in Windows Phone Marketplace,
accessed at http://msdn.microsoft.com/enus/library/gg442301(v=VS.92).aspx?ppud=4&wa=wsignin1.0 (“If
you make changes to your application, and you want to release the
new version to users, keep in mind the following: . . . your users
are notified automatically that there is an update available.”).
Upon information and belief, the Marketplace checks the
application version number in order to notify users of the old
versions of the application that an update is available for them to
access.

c) a registration of a new
subscriber unit in the
-6-

wireless communication
system.
U.S. Pat. No.
6,272,333
7. A controller in a fixed
portion of a wireless
communication system
for controlling a delivery
of data to a subscriber
unit which maintains an
application registry
comprising a list of all
software applications that
are currently accessible
to the subscriber unit, the
controller comprising:
a network interface for
accepting the data from
an originator;

Windows Marketplace and Its Servers
Upon information and belief, Windows Marketplace and any
servers on which it runs meet each and every limitation of this
claim and include a controller that controls the delivery of data to
a subscriber unit.
Plaintiff herein refers to Windows Marketplace by way of example
only. Upon information and belief, Windows Marketplace for
Mobile and any servers on which it runs also meet each and every
limitation of this claim.

Upon information and belief, the controller includes a network
interface for accepting data from an originator.
Upon information and belief, application developers provide data
to the Windows Marketplace via App Hub. See, e.g., Publishing
Applications to the Windows Phone Marketplace, accessed at
http://msdn.microsoft.com/en-us/library/ff941089 (reproduced
below) (explaining that App Hub is where an application
developer “submit[s] and manage[s] . . . applications for
distribution through the Windows Phone Marketplace”).

a processing system
coupled to the network
interface for processing
the data, the processing
system comprising a
memory; and

Upon information and belief, the controller includes a processing
system (with a memory) that is coupled to the network interface.

a base station interface
coupled to the processing
system for controlling a
base station to transmit
the data;

Upon information and belief, the controller includes a base station
interface for controlling a base station to transmit data that is
coupled to the processing system.
Upon information and belief, a base station interface exists to
-7-

enable transmission of data. See, e.g., Updating Applications in
Windows Phone Marketplace, accessed at
http://msdn.microsoft.com/en-us/library/gg442301(v=VS.92).aspx
(reproduced below) (“After your application is published, it
appears in the Windows Phone Marketplace catalog. Consumers
can buy and download your application from a centralized location
and payments are automatically handled for you”).

wherein the processing
system is programmed
to:

Upon information and belief, the processing system is
programmed to meet each and every limitation of Claim 7.

keep in the memory a
current copy of the
application registry of the
subscriber unit;

Upon information and belief, Windows Marketplace keeps a
current copy of an application registry of the subscriber unit. See
Windows Phone 7 Marketplace: Frequently asked questions about
download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below)
(explaining that Marketplace keeps a backup copy of the
subscriber unit’s applications).

check the current copy of
the application registry in
response to having the
data to send to the
subscriber unit; and

Upon information and belief, Windows Marketplace checks the
copy of the application registry in response to having data to send
to the subscriber unit.
See, e.g., claim 5[b][i-ii] above.

send the data only when
Upon information and belief, Windows Marketplace sends the
an application compatible data only when the checking step determines that an application
with the data is
compatible with the data is accessible to the subscriber unit.

-8-

accessible to the
subscriber unit.
U.S. Pat. No.
6,272,333
12. A subscriber unit in
a wireless
communication system
for controlling a delivery
of data from a fixed
portion of the wireless
communication system,
the subscriber unit
comprising:

See, e.g., claim 5[b][i-ii] above.
Smartphone with Microsoft Windows Phone 7
Upon information and belief, a Smartphone running Windows
Phone 7 meets each and every limitation of this claim.
Upon information and belief, Microsoft sells its Windows Phone 7
operating system to manufacturers for installation on Smartphones
such as Samsung, LG, HTC, and Dell. See, e.g., Window Phone
7: Buy your phone, accessed at
http://www.microsoft.com/windowsphone/enus/buy/7/phones.aspx (reproduced below).

Windows Phone 7 Smartphones, like the HTC HD7, are subscriber
units. See, e.g., HTC HD7 Specification, accessed at
http://www.htc.com/www/product/hd7/specification.html.
Upon information and belief, Microsoft contributes to the
infringement of this claim by manufacturing, marketing, and
selling Windows Phone 7 for installation on Smartphones.
Windows Phone 7 contains software that meets each and every
element of this claim and has no substantial non-infringing use.
Upon information and belief, Microsoft induces infringement of
this claim by manufacturing, marketing, and selling Windows
Phone 7 for installation on Smartphones. Microsoft specifically
intends and encourages Smartphone manufacturing companies to
include Windows Phone 7 in their devices and to infringe by
-9-

advertising the benefits of the operating system and consummating
such sales.
Plaintiff herein refers to Windows Phone 7 by way of example
only. Upon information and belief, a Smartphone running
Windows Mobile 6.5 also performs each and every limitation of
this claim.
a receiver for receiving
the data;

Upon information and belief, a Smartphone operating with
Windows Phone 7 has a receiver.
The HTC HD7, for example, includes a receiver for obtaining
messages via 3G, “Wi-Fi,” and “Bluetooth.” See, e.g., HTC HD7
Specification, accessed at
http://www.htc.com/www/product/hd7/specification.html.

a processing system
coupled to the receiver
for processing the data;
and

Upon information and belief, a Smartphone operating with
Windows Phone 7 has a processing system coupled to the receiver.
The HTC HD7, for example, includes a 1 GHz processor. See,
e.g., HTC HD7 Specification, accessed at
http://www.htc.com/www/product/hd7/specification.html.
Upon information and belief, the processing system of a
Smartphone running Windows Phone 7 employs the Windows
Phone 7 operating system and is programmed thereby.
The HTC HD7, for example, utilizes the “Windows Phone 7 OS”
Platform. See, e.g., HTC HD7 Specification, accessed at
http://www.htc.com/www/product/hd7/specification.html.

a transmitter coupled to
the processing system for
communicating with the
fixed portion of the
wireless communication
system,

Upon information and belief, a Smartphone operating with
Windows Phone 7 has a transmitter coupled to the processing
system.
The HTC HD7, for example, includes a transmitter for
transmitting messages via 3G, “Wi-Fi,” and “Bluetooth.” See,
e.g., HTC HD7 Specification, accessed at
http://www.htc.com/www/product/hd7/specification.html.
Upon information and belief, the transmitter is capable of
communication with the Windows Marketplace, which is a fixed
portion of the wireless communication system.
Windows Phone 7 can communicate with the Marketplace in order
to, for example, install applications. See, e.g., Windows Phone 7:
-10-

Get apps on your phone, accessed at
http://www.microsoft.com/windowsphone/enus/howto/wp7/apps/marketplace-hub.aspx (reproduced below).

wherein the processing
system is programmed
to:

See below.

maintain an application
registry comprising a list
of all software
applications that are
currently accessible to
the subscriber unit; and

Upon information and belief, Windows Phone 7 (running on a
Smartphone) is programmed to maintain an application registry
comprising a list of all software applications that are currently
accessible to the device.
Specifically, upon information and belief, Windows Phone 7
allows a user to install, delete, update, and re-install applications.
See, e.g., Windows Phone 7: Get apps on your phone, accessed at
http://www.microsoft.com/windowsphone/enus/howto/wp7/apps/marketplace-hub.aspx (reproduced below).

Upon information and belief, Windows Phone 7 maintains an
application registry comprising a list of the software applications
that are currently accessible to the subscriber unit, including those
installed using the steps described above (or deleted, updated, or
re-installed as applicable). As a specific non-limiting example, a
user may view accessible applications. See, e.g., Windows Phone
-11-

7: Get apps on your phone, accessed at
http://www.microsoft.com/windowsphone/enus/howto/wp7/apps/marketplace-hub.aspx (reproduced below).

in response to a change
in accessibility of an
application,

See below.

update the application
registry; and

Upon information and belief, Windows Phone 7 (running on a
Smartphone) is programmed to update the application registry in
response to a change in accessibility of an application, e.g., the
addition, deletion, updating, and/or re-installation of an
application.
As a specific non-limiting example, upon information and belief,
Windows Phone 7 can update the application registry by removing
an application from the registry when a user deletes that
application. See Windows Phone 7 Marketplace: Frequently asked
questions about download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below).

Upon information and belief, once the user has deleted an
application according to the steps described above, for example,
the application registry is updated so that the deleted application is
removed. As a specific non-limiting example, the deleted
application will no longer be available for viewing by a user.
control the transmitter to
communicate the change
to the fixed portion of the
wireless communication
system.

Upon information and belief, Windows Phone 7 (running on a
Smartphone) is capable of controlling the Smartphone’s
transmitter to communicate the change to the Windows
Marketplace (a fixed portion of the wireless communication
system). See Windows Phone 7 Marketplace: Frequently asked
questions about download and installation, accessed at
http://support.microsoft.com/kb/2434864 (reproduced below).
-12-

Upon information and belief, when a user installs, deletes, updates
and/or re-installs an application, for example, the processing
system controls the transmitter to send this information to the
Marketplace so that a “backup copy” of the information can be
kept.
13. The subscriber unit
of claim 12, wherein the
processing system is
further programmed to

See claim 12 above.

register an application
version number for at
least one of the
applications accessible to
the subscriber unit.

Upon information and belief, Windows Phone 7 (running on a
Smartphone) is capable of registering an application version
number for at least one of the applications accessible to the
Smartphone. See Updating Applications in Windows Phone
Marketplace, accessed at http://msdn.microsoft.com/enus/library/gg442301(v=VS.92).aspx?ppud=4&wa=wsignin1.0
(“The version number of your application is stored both in your
application and in the Windows Phone Marketplace. . . . The
version number of your application is stored in the manifest file.”).

-13-