EMG Technology, LLC v. Apple, Inc.

Filing 122

Unopposed MOTION for Leave to File Second Amended Infringement Contentions by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Second Amended 3-1 Disclosures, # 3 Appendix A to P.R. 3-1 Disclosures)(Ainsworth, Charles)

Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple U.S. PATENT NO 7,020,845 ACCUSED INSTRUMENTALITIES1,2 Claim 1 A method comprising iTunes Music Store (ITMS) with iPhone3, Apple TV, and Front Row: ITMS, together with iPhone, Apple TV and Front Row clients, has computer readable storage media containing executable computer program instructions ("code") which when executed cause a digital processing system to perform a method comprising the steps below. The code is stored, for example, on the servers running ITMS, on memory resident in the iPhone, Apple TV and Front Row clients, and on disks and drives in servers or other computers used to develop, transport, store, install, and update the code. Apple's Mac OS X Leopard Server: Leopard Server, including Ruby and Rails, stored on internal server memory and also on disks and drives in servers or other computers used to develop, transport , store, install, and update the program, provides computer readable storage media containing code which when executed cause a digital processing system to perform a method comprising the steps below. See http://developer.apple.com/Tools/developonrailsleopard.html ("In Leopard and Leopard Server, Ruby and Rails are pre-installed along with a bounty of other useful RubyGems".). (Exhibit D). See claim 6, below. See claim 6, below. See claim 8, below.

providing a webpage associated with a sister site; and providing a simplified navigation interface for the webpage by the sister site. Claim 3 The method of claim 1 further comprising: transcoding a hyper text markup language (HTML)

For EMG's contentions regarding the Bloomberg iPhone application, which is promoted and distributed by Apple, see Appendix E, EMG's P.R. 3-1 Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Bloomberg. 2 For EMG's contentions regarding the Yahoo iPhone application, which is promoted and distributed by Apple, see Appendix K, EMG's P.R. 3-1 Claim Chart Regarding Infringement of U.S. Patent 7,020,845. 3 Unless otherwise noted, the term "iPhone" applies to any and all versions of the Apple iPhone as well as to any and all versions of the Apple iPod touch.
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple page into an extensible markup language (XML) page; and applying a document type definition (DTD) to the See claim 8, below. XML page. Claim 5 The method of claim 3 further comprising: See claim 10, below. applying a cascading style sheet (CSS) to the XML page. Claim 6 A computer readable storage media containing iTunes Music Store (ITMS) with iPhone, Apple TV, and Front Row: executable computer program instructions which when executed cause a digital processing system to ITMS, together with iPhone, Apple TV and Front Row clients, has computer readable perform a method comprising: storage media containing code which when executed cause a digital processing system to perform a method comprising the steps below. The code is stored, for example, on the servers running ITMS, on memory resident in the iPhone, Apple TV and Front Row clients, and on disks and drives in servers or other computers used to develop, transport, store, install, and update the code. Apple's Mac OS X Leopard Server: Leopard Server, including Ruby and Rails, stored on internal server memory and also on disks and drives in servers or other computers used to develop, transport, store, install, and update the program, provides computer readable storage media containing code which when executed cause a digital processing system to perform a method comprising the steps below. See http://developer.apple.com/Tools/developonrailsleopard.html ("In Leopard and Leopard Server, Ruby and Rails are pre-installed along with a bounty of other useful RubyGems".). (Exhibit D). iTunes Music Store with iPhone, Apple TV, and Front Row: ITMS provides a webpage associated with a sister site. With respect to iPhone, for example, ITMS provides a webpage viewable by a Macintosh or Windows iTunes application browsing ITMS, which is associated with a sister site viewable on an iPhone (see for example, Exhibit C for a Macintosh iTunes
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providing a webpage associated with a sister site; and

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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple view, and Exhibit B for an iPhone view.). With respect to Apple TV, for example, ITMS provides a webpage viewable by a Macintosh or Windows iTunes application browsing ITMS, which is associated with a sister site viewable on Apple TV (see for example, Exhibit H). With respect to Front Row, for example, ITMS provides a webpage viewable by a Macintosh or Windows iTunes application browsing ITMS, which is associated with a sister site viewable on Front Row (see for example, Exhibit C for a Macintosh iTunes view, and Exhibit A for a Front Row view.). Apple's Mac OS X Leopard Server: Leopard Server provides a webpage associated with a sister site. Leopard server provides a webpage viewable for example by a standard browser, which is associated with a sister site viewable on an iPhone. See "Supporting an iPhone interface" at http://developer.apple.com/tools/customizeonrailsleopard.html. (Exhibit E) ITMS (iTunes Music Store) with iPhone, Apple TV, and Front Row: ITMS provides a simplified navigation interface for the webpage by the sister site. For example, ITMS provides a simplified navigation interface for the webpage by the sister site, which is viewable on the iPhone through the iPhone iTunes application, on monitors connected to Apple TV, and on devices displaying Front Row. See Exhibits A, B, and C http://www.apple.com/appletv/specs.html (Exhibit F) and http://www.apple.com/macosx/features/300.html#frontrow (Exhibit G) "Front Row Enjoy all of your digital media full screen on your Mac with Front Row. Now built into Mac OS X Leopard. Apple TV-style Interface
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providing a simplified navigation interface for the webpage by the sister site.

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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple Sit back and be amazed. Front Row works just like Apple TV. You control it from a distance using the elegant six-button Apple Remote that came with your Mac. Simple menus, elegant transitions, and beautiful content previews make your digital media shine. Movie Previews Watch previews of Hollywood blockbusters directly from Front Row." Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard server provides a simplified navigation interface for the webpage by the sister site. Leopard server provides a simplified navigation interface for the webpage by the sister site viewable for example on an iPhone. See "Supporting an iPhone interface" at http://developer.apple.com/tools/customizeonrailsleopard.html which describes how Leopard Server provides a simplified navigation interface for the webpage by the sister site. See also "providing a webpage associated with a sister site" above. Claim 11 The method of claim 1, further comprising: displaying the navigation interface on a television set, the television set having a remote control. Claim 12 The method of claim 1, further comprising: displaying the simplified navigation interface on a portable wireless device. Claim 13 The method of claim 1, wherein a sister site is a server on a network. Claim 14 The computer readable storage media of claim 6,
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See claim 14, below. See claim 15, below.

See claim 16, below.

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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple further comprising: displaying the navigation interface on a television set, the television set having a remote control. ITMS (iTunes Music Store) with Apple TV, and Front Row: ITMS provides displaying the navigation interface on a television set, the television set having a remote control. For example, ITMS provides code which when executed causes the display of the navigation interface on a television set, the television set having a remote control, viewable on monitors connected to Apple TV, and to devices displaying Front Row. See Exhibits A, B, and C, http://www.apple.com/appletv/specs.html (Exhibit F) and http://www.apple.com/macosx/features/300.html#frontrow (Exhibit G) "Front Row Enjoy all of your digital media full screen on your Mac with Front Row. Now built into Mac OS X Leopard. Apple TV-style Interface Sit back and be amazed. Front Row works just like Apple TV. You control it from a distance using the elegant six-button Apple Remote that came with your Mac. Simple menus, elegant transitions, and beautiful content previews make your digital media shine. Movie Previews Watch previews of Hollywood blockbusters directly from Front Row." Apple's Leopard Server: Apple's Mac OS X Leopard server provides displaying the navigation interface on a television set, the television set having a remote control, for example, when a television set attached to a web browser, or with an integrated web browser, connects to a Leopard Server that is providing the claimed navigation interface for display. Claim 15 The computer readable storage media of claim 6,
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple further comprising: displaying the simplified navigation interface on a portable wireless device. ITMS (iTunes Music Store) with iPhone and Front Row: ITMS provides displaying the simplified navigation interface on a portable wireless device. For example, ITMS provides code which when executed causes the display of the simplified navigation interface on a portable wireless device such as an iPhone and / or a Macintosh running Front Row. For example, Front Row includes code which when executed causes the display of a simplified navigation interface for TV shows, movies, or music, on a MacBook, MacBook Pro, or MacBook Air,each of which comprises a portable wireless device. See Exhibits A, B, and C, http://www.apple.com/appletv/specs.html (Exhibit F) and http://www.apple.com/macosx/features/300.html#frontrow (Exhibit G) "Front Row Enjoy all of your digital media full screen on your Mac with Front Row. Now built into Mac OS X Leopard. Apple TV-style Interface Sit back and be amazed. Front Row works just like Apple TV. You control it from a distance using the elegant six-button Apple Remote that came with your Mac. Simple menus, elegant transitions, and beautiful content previews make your digital media shine. Movie Previews Watch previews of Hollywood blockbusters directly from Front Row." Apple's Leopard Server: Apple's Leopard Server provides code which when executed causes the display of the simplified navigation interface on a portable wireless device.
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple For example, when an iPhone connects to Leopard Server, Leopard server provides code which when executed causes the display of the simplified navigation interface by detecting that the client device is a portable wireless device, and displaying a simplified navigation interface. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface", which comprises displaying the simplified navigation interface on a portable wireless device. (Exhibit E). Claim 16 The computer readable storage media of claim 6, wherein a sister site is a server on a network. iTunes Music Store with iPhone, Apple TV, and Front Row: ITMS further provides wherein a sister site is a server on a network. For example, an Apple-provided sister site for iTunes and/or ITMS is a server on a network, such as the Internet. Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server further provides wherein a sister site is a server on a network. For example a sister site provided by Apple's Mac OS X Leopard Server is a server on a network, such as the Internet. Claim 17 The method of claim 1, wherein the webpage See claim 18, below. contains commercial content. Claim 18 The computer readable storage media of claim 6, iTunes Music Store with iPhone, Apple TV, and Front Row: wherein the webpage contains commercial content. ITMS provides that the webpage contains commercial content, such as for example iTunes / ITMS video, television, or audio content. See, for example, Exhibits A ­ D. Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides that the webpage contains commercial content.
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple Claim 19 The method of claim 1, further comprising: displaying the navigation interface via a computer system. Claim 20 The computer readable medium of claim 6, further comprising: displaying the navigation interface via a computer system. See claim 20, below.

iTunes Music Store with iPhone, Apple TV, and Front Row: ITMS provides displaying the navigation interface via a computer system. Computer systems provided by Apple include, for example, iPhone, Apple TV, and Apple Macintosh computers running the Front Row application. Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides displaying the navigation interface via a computer system, such as any computer system that connects to it for a simplified navigation interface. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface", which comprises displaying the navigation interface via a computer system. (Exhibit E).

Claim 21 The method of claim 1, further comprising: See claim 22, below. providing a second webpage associated with the sister site; and providing the simplified navigation interface for the See claim 22, below. second webpage by the sister site. Claim 22 The computer readable medium of claim 6, further comprising: providing a second webpage associated with the iTunes Music Store with iPhone, Apple TV, and Front Row: sister site; and ITMS provides a second webpage associated with the sister site. See, for example,
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple Exhibit C, Figure 4. Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides a second webpage associated with the sister site. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface", which comprises displaying the navigation interface via a computer system. (Exhibit E). providing the simplified navigation interface for the iTunes Music Store with iPhone, Apple TV, and Front Row: second webpage by the sister site. ITMS provides a simplified navigation interface for the second webpage by the sister site. See, for example, Exhibit C, Figure 4. Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides a simplified navigation interface for the second webpage by the sister site. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface", which comprises displaying the navigation interface via a computer system. (Exhibit E). Claim 23 The method of claim 1, wherein the simplified See claim 24, below. navigation option includes the use of primary navigation options. Claim 24 The computer readable medium of claim 6, wherein iTunes Music Store with iPhone, Apple TV, and Front Row: the simplified navigation option includes the use of primary navigation options. ITMS provides for the simplified navigation interface to include the use of primary navigation options on, for example, iPhone, Apple TV, and Front Row. See, for example, Exhibits A (FrontRow), B (iPhone), and H (Apple TV). Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides the simplified navigation option includes
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple the use of primary navigation options. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface", which comprises displaying the navigation interface via a computer system. (Exhibit E). Claim 25 The method of claim 1, wherein the webpage is See claim 26, below. publicly accessible. Claim 26 The computer readable medium of claim 6, wherein iTunes Music Store with iPhone, Apple TV, and Front Row: the webpage is publicly accessible. ITMS provides a webpage that is publicly accessible. Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides a web server adapted to provide publicly accessible webpages. Claim 28 The computer readable medium of claim 6, further comprising: displaying purchasing information related to at least iTunes Music Store with iPhone and Apple TV: one item via the matrix layer. ITMS provides displaying purchasing information related to at least one item via the matrix layer. For example, iTunes on the iPhone, as well as Apple TV, displays purchasing information related to at least one item via the matrix layer. See, for example, Exhibit B, Figures 5 - 8. See, for example, Exhibit H, Figures 20 - 24 Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides displaying purchasing information related to at least one item via the matrix layer. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface" (Exhibit E) and Exhibit B, Figures 5 ­ 8.
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Appendix A to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Claim Chart Regarding Infringement of U.S. Patent 7,020,845 by Apple Claim 29 The method of claim 1, wherein the simplified See claim 30, below. navigation interface includes a search form. Claim 30 The computer readable medium of claim 6, wherein iTunes Music Store with iPhone and Apple TV: the simplified navigation interface includes a search form. ITMS provides the simplified navigation interface including a search form. For example, iTunes on the iPhone, as well as Apple TV, provide for a simplified navigation interface including a search form. See, for example, Exhibit B, Figures 2 ­ 5. See, for example, Exhibit H, Figures 10 - 19 Apple's Mac OS X Leopard Server: Apple's Mac OS X Leopard Server provides the simplified navigation interface includes a search form. See, for example: http://developer.apple.com/tools/customizeonrailsleopard.html which explains "Supporting an iPhone interface" (Exhibit E) and Exhibit B, Figures 2 ­ 5. Claim 31 The method of claim 1, wherein the simplified See claim 32, below. navigation interface includes an email form. Claim 32 The computer readable medium of claim 6, wherein Apple's Mac OS X Leopard Server : the simplified navigation interface includes an email form. Apple's Mac OS X Leopard Server provides the simplified navigation interface to include an email form.

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