Motorola Mobility, Inc. v. Microsoft Corporation

Filing 177

RESPONSE/REPLY Microsoft Corporation's Responsive Claim Construction Brief and Exhibits by Microsoft Corporation. (Attachments: #1 Index of Exhibits, #2 Exhibit 802, #3 Exhibit 906, #4 Exhibit 907, #5 Exhibit 908, #6 Exhibit 909, #7 Exhibit 910, #8 Exhibit 1005, #9 Exhibit 1006, #10 Exhibit 1117, #11 Exhibit 1118, #12 Exhibit 1119, #13 Exhibit 1120, #14 Exhibit 1121, #15 Exhibit 1122, #16 Exhibit 1411)(Miner, Curtis)

Exhibit 1118

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.

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PLAINTIFF MOTOROLA MOBILITY, INC.’S PRELIMINARY
CLAIM CONSTRUCTIONS FOR THE PATENTS-IN-SUIT
Pursuant to the Joint Motion To Include Pretrial Dates On Claim Construction And
Expert Discovery, filed April 10, 2011, Motorola Mobility, Inc. (“Motorola Mobility”) submits
the attached preliminary claim constructions for the patents-in-suit.
Motorola Mobility’s constructions are preliminary, and subject to amendment or
supplementation as a result of further analysis, ongoing discovery, and in response to
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. Moreover, Motorola Mobility reserves the
right to respond to constructions provided by Microsoft for specific terms and phrases that
Motorola Mobility did not construe within the broader phrases identified herein.
Charts setting forth Motorola Mobility’s constructions for the Motorola Asserted Patents
are attached at Exhibit 1, and for the Microsoft Counterclaim Patents at Exhibit 2.

Dated: May 6, 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 May 6, 2011, copies of the foregoing Plaintiff Motorola Mobility,
Inc.’s Preliminary 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]

Exhibit 1

MOTOROLA’S PRELIMINARY CLAIM CONSTRUCTIONS
U.S. PATENT NO. 6,272,333 (SMITH)
CLAIM ELEMENT
“subscriber unit”

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE

A portable device for use in a As subscriber units become increasingly
wireless communication
user customizable with enhanced
system
software application upgradability . . .
1:20-21
The subscriber unit comprises a receiver
for receiving the data, and a processing
system coupled to the receiver for
processing the data. The subscriber unit
further comprises a transmitter coupled
to the processing system for
communicating with the fixed portion of
the wireless communication system. 2:1318
The base stations 116 preferably
communicate with the subscriber units
122 utilizing conventional radio
frequency (RF) techniques . . . 2:48-50
The subscriber units 122 are preferably
similar to PageWriter™ 2000 data
messaging units, also manufactured by
Motorola, Inc., and having software
modified in accordance with the present
invention. 2:61-64
The RF signals transmitted by the base
stations 116 to the subscriber units 122
(outbound messages) comprise selective
call addresses identifying the subscriber

EXTRINSIC EVIDENCE

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE
units 122, and data messages originated
by a message originator, as well as
commands originated by the controller
122 for adjusting operating parameters of
the radio communication system. 3:4-10
The over-the-air protocol utilized for
outbound and inbound messages is
preferably selected from Motorola‟s wellknown FLEX™ family of digital selective
call signaling protocols. 3:25-28
The subscriber unit 122 comprises an
antenna 204 for intercepting an outbound
message and for transmitting an inbound
message. The antenna 204 is coupled to
a conventional receiver 208 for receiving
the outbound message and coupled to a
conventional transmitter 209 for
transmitting the inbound message. 3:3742
See Fig. 1 – subscriber units
communicate with base stations
See Fig. 2 – subscriber unit includes
receiver, transmitter, processing system
(processor + memory), user interface,
external device interface, antenna
Fig. 1 is an electrical block diagram of an
exemplary wireless messaging system . . .
2

EXTRINSIC EVIDENCE

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE

EXTRINSIC EVIDENCE

[comprising] a plurality of portable
subscriber units 122. The base stations
116 preferably communicate with the
subscriber units 122. . . . The subscriber
units 122 are conventional selective call
receivers . . . It will be appreciated that
other similar hardware can be utilized as
well for the . . . the portable subscriber
units 122. Each of the base stations 116
transmits RF signals to the portable
subscriber units 122 and wireless
modems 124 via an antenna 118. The RF
signals transmitted by the base stations
116 (outbound messages) preferably
comprise selective call addresses
identifying the portable subscriber units
122 and the wireless modems 124, and
data messages originated by callers and
computer systems, as well as commands
originated by the controller 112 for
adjusting operating parameters of the
radio communication system. – Smith
„085 at 2:31 – 3:7 (cited on the face of the
„333 patent)
“application registry
comprising a list of all
software applications
that are currently
accessible to the
subscriber unit”

A portion of memory that
includes a list of all software
applications that are
immediately available for use
by the subscriber unit

The memory 212 further comprises an
application registry 226 … [which]
comprises a list of applications that are
accessible to the subscriber unit 122. The
application registry 226 comprises a list
of applications that are accessible to the
3

Webster‟s New World Dictionary of
Computer Terms, 7th Edition, ©1999
at 452-453 – register = “A memory
location within a microprocessor, used
to store values and external memory
addresses while the microprocessor

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE

EXTRINSIC EVIDENCE

subscriber unit 122. The applications can
reside either internal to or external to the
subscriber unit 122, e.g., in a personal
computer to which the subscriber unit
122 is connected. In addition, the
application registry 226 preferably
includes an application version number
corresponding to each application. The
memory 212 also includes an updater
element 228 for programming the
processing system 206 to control the
transmitter 209 to communicate a change
in the application registry 226 to the fixed
portion 102 of the wireless
communication system. 3:65 – 4:11

performs logical and arithmetic
operations on them. A larger number of
registers enables a microprocessor to
handle more information at one time”

The predetermined stimulus can be, for
example, the receipt of an update to the
application registry 226 of the subscriber
unit 122 which adds an application not
present in the current copy 324. This can
occur when a user purchases and installs
a new application, or when the user
connects the subscriber unit 122 to a
previously disconnected external device.
4:60-66
FIG. 4 is a flow diagram 400 depicting
operation of the subscriber unit 122 for
maintaining the application registry 25 in
accordance with the present invention.
4

Random House Webster‟s Computer &
Internet Dictionary, Third Edition,
©1999 at 473 – register = “1. A special
high-speed storage area within the CPU.
All data must be represented in a
register before it can be processed . . .”

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE
At step 404 the processing system 206 of
the subscriber unit 122 registers the
applications accessible to the subscriber
unit 122, along with the corresponding
application version numbers, into the
application registry 226. The processing
system 206 then monitors the status of
the subscriber unit 122 to determine 406
whether a change in the accessibility of
an application has occurred, e.g., through
the installation of a new application, or
through coupling the subscriber unit 122
to a previously uncoupled external device
230, or through uncoupling the
subscriber unit 122 from a previously
coupled external device 230. At step 408,
if a change in the accessibility of an
application has occurred, then the
processing system 206 accesses the
updater element 228 and updates 410 the
application registry 226. 5:24-40
See Fig. 2 – Memory 212 includes
application registry 226
See Fig. 4, step 404 – “SU registers
applications and application version
number of applications accessible to SU”
Prosecution History Paper No. 4 at 2-3;
Paper No. 6 at 2-3 (showing claim
5

EXTRINSIC EVIDENCE

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE

EXTRINSIC EVIDENCE

amendments)
“data”

Digital information

See Title – “Method And Apparatus In A Microsoft Press Computer User‟s
Wireless Communication System For
Dictionary ©1998 at 93 – data = “Plural
Controlling A Delivery Of Data”
of the Latin datum, meaning an item of
information. In practice, the term data
See Abstract, Field Of The Invention,
is often used as the singular as well as
and Summary of the Invention
the plural form of the noun.”
Prior art messaging systems have utilized
specific vector types such as tone-only,
numeric, and alphanumeric to control the
type of data the fixed portion of the
messaging system would send to a
specific subscriber unit. 1:14-17

Pinpoint v. Amazon, No. 03-c-17641,
2004 U.S. Dist. LEXIS 17641, at *15-18
(N.D. Ill. Aug. 31, 2004), vacated on other
grounds, 347 F. Supp. 2d 579 (N.D. Ill.
2004) – data = “information”

Further, it is unlikely that all subscriber
units of a specific type will have identical
applications having identical application
version numbers. Nonetheless, it
remains desirable not to send data to a
subscriber unit that the subscriber unit
cannot utilize. 1:25-29

Webster‟s New World Dictionary of
Computer Terms, 7th Edition, ©1999
at 137 – data = “Factual information
(such as text, numbers, sounds, and
images) in a form that can be processed
by a computer. . .”

The RF signals transmitted by the base
stations 116 to the subscriber units 122
(outbound messages) comprise selective
call addresses identifying the subscriber
units 122, and data messages originated
by a message originator, as well as
commands originated by the controller
112 for adjusting operating parameters of

IEEE 100 The Authoritative Dictionary
of IEEE Standards Terms, 7th Edition,
©2000 at 267-268 – data = “(5) A
representation of facts, concepts, or
instructions in a formalized manner
suitable for communication,
interpretation, or processing by humans

6

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE

EXTRINSIC EVIDENCE

the radio communication system The RF
signals preferably transmitted by the
subscriber units 122 to the base stations
116 (inbound messages) comprise
responses that include scheduled
messages, such as positive
acknowledgments (ACKs) and negative
acknowledgments (NAKs), and
unscheduled messages, such as
registration requests and application
registry updates, in accordance with the
present invention. 3:4-17

or automatic means; (6) Representations
of static or dynamic entities in a
formalized manner suitable for
communication, interpretation, or
processing by humans or by machines.”

An example of [the controller‟s
processing system] taking a
predetermined action to trigger a
software update when the application
version number is an old version, is
generating a notification message to the
users corresponding to the old version. . .
[or] automatically download[ing] the new
version over the air . . . [or] disable[ing]
the currently running application when it
is no longer being supported by the
wireless communication system. 5:6-18
At step 534 the processing system 310
checks whether the user of the subscriber
unit 122 requested the data. If so, the
processing system 310 holds the data in
the mass medium 314, and notifies the
7

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE
user that the data is being held … If, on
the other hand, at step 534 the user did
not request the data, then the processing
system 310 discards 538 the data and
informs the sender about the
compatibility problem. 6:22-30
If, at step 612, the application version is
old, the processing system 310 takes 618
a predetermined action, as described
above, to trigger a software update. 6:5456
Thus, it should be clear from the
preceding disclosure that the present
invention provides a method and
apparatus for controlling the delivery of
data from the fixed portion of a
messaging system to a subscriber unit.
7:6-9
See steps depicted in Figs. 5-6 and
accompanying text

“controlling a delivery Managing whether and when See Title – “Method And Apparatus In A
of data”
data is delivered
Wireless Communication System For
Controlling A Delivery Of Data”
Prior art messaging systems have utilized
specific vector types such as tone-only,
numeric, and alphanumeric to control the
type of data the fixed portion of the
8

EXTRINSIC EVIDENCE

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE
messaging system would send to a
specific subscriber unit. 1:14-17
Further, it is unlikely that all subscriber
units of a specific type will have identical
applications having identical application
version numbers. Nonetheless, it
remains desirable not to send data to a
subscriber unit that the subscriber unit
cannot utilize. 1:25-29
Thus, what is needed is a method and
apparatus for controlling the delivery of
data from the fixed portion of the
messaging system to the subscriber unit.
1:30-32
An aspect of the present invention is 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. 1:43-46
Another aspect of the present invention
is 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 for registering
applications accessible to the subscriber

9

EXTRINSIC EVIDENCE

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE

EXTRINSIC EVIDENCE

unit. 1:59-63
Another aspect of the present invention
is a subscriber unit in a wireless
communication system for controlling a
delivery of data from a fixed portion of
the wireless communication system.
2:10-14
Thus, it should be clear from the
preceding disclosure that the present
invention provides a method and
apparatus for controlling the delivery of
data from the fixed portion of a
messaging system to a subscriber unit.
7:6-9
“fixed portion of the
wireless
communication
system”

The stationary portion of the
wireless communication
system that includes base
stations and a controller

Prior art messaging systems have utilized
specific vector types such as tone-only,
numeric, and alphanumeric to control the
type of data the fixed portion of the
messaging system would send to a
specific subscriber unit. 1:14-17
An aspect of the present invention is 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. 1:43-46
Another aspect of the present invention
10

McGraw Hill Dictionary of Scientific &
Technical Terms, 5th Edition, ©1994 at
765 – fixed transmitter = “Transmitter
that is operated in a fixed or permanent
location”

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE
is 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 for registering
applications accessible to the subscriber
unit. 1:59-63
Referring to FIG. 1, an electrical block
diagram depicts an exemplary wireless
communication system in accordance
with the present invention comprising a
fixed portion 102 including a controller
112 and a plurality of conventional base
stations 116, the communication system
also including a plurality of subscriber
units 122. 2:43-48
Thus, it should be clear from the
preceding disclosure that the present
invention provides a method and
apparatus for controlling the delivery of
data from the fixed portion of a
messaging system to a subscriber unit.
7:6-9
See Fig. 1 – fixed portion (102), with base
stations and a controller, communicates
with PSTN and subscriber units
FIG. 1 is an electrical block diagram of
an exemplary wireless messaging system
11

EXTRINSIC EVIDENCE

CLAIM ELEMENT

PROPOSED
CONSTRUCTION

INTRINSIC EVIDENCE
in accordance with the present invention,
comprising a fixed portion 102 including
a controller 112 and a plurality of base
stations 116, the messaging system also
including a plurality of portable
subscriber units 122. Smith „085 at 2:3237 (cited on face of „333 patent)

12

EXTRINSIC EVIDENCE