Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Filing 31

MOTION to Dismiss Stay or Transfer by Samsung Electronic America Inc, Samsung Electronics Co LTD. (Attachments: # 1 Affidavit of Seo-won Kwon, # 2 Affidavit of Steven ONeill, # 3 Exhibit A to Declaration of Steven ONeill, # 4 Exhibit B to Declaration of Steven ONeill, # 5 Affidavit of Julian Moore, # 6 Exhibit A to Declaration of Julian Moore, # 7 Exhibit B to Declaration of Julian Moore, # 8 Exhibit C to Declaration of Julian Moore, # 9 Exhibit D to Declaration of Julian Moore, # 10 Exhibit E to Declaration of Julian Moore, # 11 Exhibit F to Declaration of Julian Moore, # 12 Exhibit G to Declaration of Julian Moore, # 13 Exhibit H to Declaration of Julian Moore, # 14 Text of Proposed Order)(Findlay, Eric)

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Patent # 6,826,744 Claim Chart for the Android Framework Infringement of United States Patent number 6,826,744 by Samsungs' Android-Powered Smartphones FIGURE 1 (List Samsung's Android-Powered Smartphones from the SAMSUNG.COM Website) SAMSUNGS' ANDROID-POWERED SMARTPHONES STANDARD APPLICATIONS INFRINGE The Samsung Android-Powered Smartphones infringe claims of U.S. Patent number 6,826,744 because Android Framework standard applications are installed into these phones by Samsung during the manufacturing process (many of which are non-removable). The Smartphone is then imported into the United States containing these nonremovable applications. These applications are developed using: "A method for generating a computer application on a host system in an arbitrary object framework that separates a content of said computer application, a form of said computer application and a functionality of said computer application." 1 Patent # 6,826,744 Claim Chart for the Android Framework The Samsung Smartphones in Figure 1 are Android Powered SmartPhones. As such, they include the following standard Android apps: -Dialer -SMS -Email -Gmail -Google Maps -Navigation -Internet Browser -Contacts -Calendar -Phones -Camera -Market -Alarm Clock -Calculator -Music Player -You Tube Video Player -Photo Album These standard applications, many of which are non-removable, form the heart of the Smartphone. Without them, the phone will not operate and could not be sold in the U.S. 2 Patent # 6,826,744 Claim Chart for the Android Framework Infringement of United States Patent number 6,826,744 by Samsungs' Android-Powered Tablet Computers FIGURE 2 (List Samsung's Android-Powered Tablet Computers from the SAMSUNG.COM Website) SAMSUNGS' ANDROID-POWERED TABLET COMPUTERS STANDARD APPLICATIONS INFRINGE The Samsung Android-Powered Tablet Computers infringe claims of U.S. Patent number 6,826,744 because Android Framework standard applications are installed into these Tablet Computers by Samsung during the manufacturing process (many of which are non-removable). The Tablet Computer is then imported into the United States containing these non-removable applications. These applications are developed using: "A method for generating a computer application on a host system in an arbitrary object framework that separates a content of said computer application, a form of said computer application and a functionality of said computer application." The Samsung Tablet Computers in Figure 2 are Android Powered Tablet Computers. As such, they include the following standard Android apps: -Email -Gmail -Google Maps -Navigation -Internet Browser -Contacts -Calendar -Camera -Market -Alarm Clock -Calculator -Music Player -You Tube Video Player -Photo Album These standard applications, many of which are non-removable, form the heart of the Tablet Computer. Without them, the Tablet Computer will not operate and could not be sold in the U.S. 3 Patent # 6,826,744 Claim Chart for the Android Framework INFRINGEMENT BY THE ANDROID FRAMEWORK In order to explain this, and how the Android Framework infringes, the book "Professional Android 2 Application Development", ISBN 978-0-470-5656552-0 written by Reto Meier will be used. "Reto Meier is a software developer who has been involved in Android since its initial release in 2007. He is an Android Developer Advocate at Google". This book will be referred to as the "Meier Book". Claim 1: "A method for generating a computer application on a host system in an arbitrary object framework that separates a content of said computer application, a form of said computer application and a functionality of said computer application, said method comprising: " "Creating arbitrary objects with corresponding arbitrary names of various object types" "for generating said content of said computer application, " "said form of said computer application, " "and said functionality of said computer application;" "managing said arbitrary objects in an object library; " "and deploying said arbitrary objects from said object library into a design framework to create said computer application." Claim 1 Preamble "A method for generating a computer application on a host system in an arbitrary object framework that separates a content of said computer application, a form of said computer application and a functionality of said computer application, said method comprising: " -Android is a framework of arbitrary objects which separates form, function and content of a computer application, which runs on a host, either a smart phone , a tablet PC or even a virtual machine on a PC. 4 Patent # 6,826,744 Claim Chart for the Android Framework Meier Book, Page xvii (more specifically 4th paragraph) and Page 4 (more specifically 7th bullet) essentially describes what is known in the industry as a framework. FIGURE 3 (Meier Book, Page XVII) 5 Patent # 6,826,744 Claim Chart for the Android Framework FIGURE 4 (Meier Book, Page 4) 6 Patent # 6,826,744 Claim Chart for the Android Framework Meier Book, Page 28 explains how the UI (Form) "decouples" the application logic (function) from your UI design (form) on its first paragraph. FIGURE 5 (Meier Book, Page 28) 7 Patent # 6,826,744 Claim Chart for the Android Framework Meier Book, Page 209 defines how the "Content Providers" "decouples" data storage (content) from your application logic (function) on its third paragraph. FIGURE 6 (Meier Book, Page 209) 8 Patent # 6,826,744 Claim Chart for the Android Framework Android's objects can be arbitrary objects. We created a sample application using the Android Software Developers' Kit (Android SDK). In the following example: <TextView xmlns:android="http://schemas.android.com/apk/res/android" android:id="@+id/textview" android:layout_width="fill_parent" android:layout_height="fill_parent" android:text="@string/hello"/> The Arbitrary Object "textview" is being called by its name (android:id="@+id/textview"), and additionally has three parameters. When compiling and running the application, the compilation goes fine, and the application runs fine (it prints "Alo mundo,Hello Android!) on the Android device as seen in here" FIGURE 7 (Arbitrary Objects called with parameters) 9 Patent # 6,826,744 Claim Chart for the Android Framework However, when we modify the call to "textview" to include just the name of the Arbitrary Object, the call will look this way: <TextView xmlns:android="http://schemas.android.com/apk/res/android" android:id="@+id/textview" /> When making the above modification, the program compiles fine and the application runs normally, as can be seen on this screen print: FIGURE 8 (Arbitrary Objects called by name only) 10 Patent # 6,826,744 Claim Chart for the Android Framework Claim 1 Element 1 "Creating arbitrary objects with corresponding arbitrary names of various object types" The creation of those Arbitrary objects can be using command line tools, such as a text editor, or using the recommended tool , which is named Eclipse. Using a text editor is a lot more work because all of the files needed to create the object need to be edited correctly and placed on the correct location (folders), in order for the compiler to work. Using Eclipse facilitates the process but it is not necessary to create the Arbitrary Objects. The steps for generating a Computer application on the Android Framework when not using Eclipse are: -Creation of the application either by manually creating each source file with a text editor -Compiling of the application using a Java Compiler -Creating a "package" (A file which's extension is .APK", using the Android SDK named apkbuilder.bat , which is distributed with the Android SDK. -Moving that package file to the Android device, either by using Google's "Android Market" application (in the case of a SmartPhone), or using the buil tin android application named "File Manager", clicking on the file, and Android will then install it on the device. When using eclipse, all is necessary is to click on the "Run" menu that is what was done on the application described earlier. 11 Patent # 6,826,744 Claim Chart for the Android Framework Claim 1 Element 2 "for generating said content of said computer application, " The content can be generated by the "Content Provider" feature of Android. Meier Book, Pages 209-211 is a description of how it works. The title of the chapter, and throughout the whole text, it clarifies that the Android Framework can be used for generating the content: FIGURE 9 (Meier Book, Page 209) 12 Patent # 6,826,744 Claim Chart for the Android Framework FIGURE 10 (Meier Book, Page 210) 13 Patent # 6,826,744 Claim Chart for the Android Framework FIGURE 11 (Meier Book, Page 211) 14 Patent # 6,826,744 Claim Chart for the Android Framework Claim 1 Element 3 "said form of said computer application, " Form in the Android Framework normally is defined on the Resource folder, referred to as "R" or "Layouts", having the default "layout.xml" as the Form, but this name can be changed. On Meier Book, Page 63 and 64 describes how they work. More specifically , the last three paragraphs of Page 63 define Layouts as your "Presentation Layer" and "User Interface", which is Form. FIGURE 12 (Meier Book, Page 63) 15 Patent # 6,826,744 Claim Chart for the Android Framework FIGURE 13 (Meier Book, Page 64) 16 Patent # 6,826,744 Claim Chart for the Android Framework Also on Meier Book, Page 50, it describes "Activities" as Presentation Layer of Android Applications, which can be Form. FIGURE 14 (Meier Book, Page 50) 17 Patent # 6,826,744 Claim Chart for the Android Framework Claim 1 Element 4 "and said functionality of said computer application;" Meier Book, Page 50 , second bullet, describes "Services" as "The invisible workers of the application", (Which can be Functionality). FIGURE 15 (Meier Book, Page 50) 18 Patent # 6,826,744 Claim Chart for the Android Framework Claim 1 Element 5 "managing said arbitrary objects in an object library; " The object library, when using eclipse is described as the "Workspace" of the Android Applications. If not using Eclipse, the management of these objects can be done manually by using normal command-line commands , such as "Copy", "Rename" , "Delete" or "Move", inside of a folder structure which is mandated by the Android SDK so the Computer Application can be built properly. 19 Patent # 6,826,744 Claim Chart for the Android Framework Claim 1 Element 6 "and deploying said arbitrary objects from said object library into a design framework to create said computer application." These Arbitrary objects are deployed by building the complete application as described earlier : -Moving that package file to the Android device, either by using Google's "Android Market" application (in the case of a SmartPhone), or using the built-in android application named "File Manager", clicking on the file, and Android will then install it on the device. The Meier Book, page XVII, on its 5th Paragraph, describes that the Android Market can be used for distribution, or Deployment: FIGURE 16 (Meier Book, Page XVII) 20 Patent # 6,826,744 Claim Chart for the Android Framework Claim 3: "The method of claim 1, wherein said various object types comprise text file pointers." The Computer Application demonstrated on Claim 1, Element 1, makes use of text file pointers. Claim 4: "The method of claim 1, wherein said various object types comprise binary file pointers." The Computer Application demonstrated on Claim 1, Element 1, makes use of binary file pointers. Claim 5: "The method of claim 1, wherein said various object types comprise compiled executables." The Computer Application demonstrated on Claim 1, Element 1, compiles into an executable. 21 Patent # 6,826,744 Claim Chart for the Android Framework Claim 9: "The method of claim 1, wherein said various object types comprise cached executables." The Computer Application demonstrated on Claim 1, Element 1, compiles into an executable, which can be cached buy the Android Framework. Like any operating system, every object that the frame work hosts will be cached: In this picture showing the Android terminal emulation application, the response to the command "ls" shows a subdirectory named "cache": FIGURE 17 (use cache) 22 Patent # 6,826,744 Claim Chart for the Android Framework Claim 17: "The method of claim 1, further comprising deploying arbitrary objects locally." The Computer Application demonstrated on Claim 1, Element 1, makes use of arbitrary objects locally. Claim 21: "The method of claim 1, wherein said arbitrary objects can be accessed and deployed into said design framework using said corresponding arbitrary names." The Android Framework enables access and deployment of said arbitrary names into said design framework. 23 Patent # 6,826,744 Claim Chart for the Android Framework Claim 23: "The method of claim 1, further comprising caching objects." The Android Framework caches objects. In this picture showing the Android terminal emulation application, the response to the command "ls" shows a subdirectory named "cache": FIGURE 17 (use cache) 24 Patent # 6,826,744 Claim Chart for the Android Framework Claim 25: "The method of claim 1, further comprising generating arbitrary objects in a programming language that is compatible or supported by said host system." The Android Framework allows such arbitrary objects to be developed in Java, which is a programming language supported by the host system. 25

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