EMG Technology, LLC v. Apple, Inc.

Filing 123

Additional Attachments to Main Document: 122 Unopposed MOTION for Leave to File Second Amended Infringement Contentions.. (Attachments: # 1 Appendix B.1 to P.R. 3.1 Disclosures, # 2 Appendix B.2, # 3 Appendix B.3, # 4 Appendix B.4, # 5 Appendix K.1, # 6 Appendix K.2, # 7 Exhibit K.3, # 8 Appendix K.4, # 9 Appendix L.1, # 10 Appendix L.2, # 11 Appendix L.3, # 12 Appendix L.4)(Ainsworth, Charles)

Appendix K 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
U.S. PATENT NO 7,020,845 Claim 1 A method comprising ACCUSED INSTRUMENTALITIES Yahoo provides executable computer program instructions ("code") on computer readable storage media to provide the www.yahoo.com ("Yahoo webpage") and m.yahoo.com ("Yahoo sister site") sites (collectively, the "Yahoo Sites") 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 the Yahoo Sites, and on disks and drives in servers or other computers used to develop, transport, store, install, and update the code. Yahoo further provides executable computer program instructions ("code") on computer readable storage media for the Yahoo iPhone application "Yahoo App", which is created by Yahoo, and distributed by Apple. See for example, Exhibit D and Exhibit E. 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) 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 Yahoo provides executable computer program instructions ("code") on computer executable computer program instructions which readable storage media to provide the www.yahoo.com ("Yahoo webpage") and when executed cause a digital processing system to m.yahoo.com and yahoo.com ("Yahoo sister site") sites (collectively, the "Yahoo 1

Appendix K 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
perform a method comprising: Sites") 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 the Yahoo Sites, and on disks and drives in servers or other computers used to develop, transport, store, install, and update the code. Yahoo further provides executable computer program instructions ("code") on computer readable storage media for the Yahoo iPhone application "Yahoo App", which is created by Yahoo, and distributed by Apple. See for example, Exhibit D and Exhibit E. The Yahoo Sites provide webpage(s) associated with a sister site. The Yahoo Sites, for example, provide Yahoo webpage(s) at www.yahoo.com, which is associated with the Yahoo sister site at m.yahoo.com. See for example, Exhibit A1, Figure 1 and Exhibit B, Figures 1 and 2. The Yahoo sister site at m.yahoo.com provides code which when executed causes the display of a simplified navigation interface for the Yahoo webpage. See for example Exhibit A, Figure 1 and Exhibit B, Figures 1 and 2. The Yahoo App provides a simplified navigation interface for iPhone users. Claim 8 The computer readable storage media of claim 6 which when executed cause a digital processing system to perform a method further comprising: The Yahoo Sites include code which when executed cause a digital processing system to transcode a hyper text markup language (HTML) page into an extensible markup language (XML) page. See for example Exhibits F and G. Exhibit F contains an exemplary hyper text markup language (HTML) page from the Yahoo webpage at transcoding a hyper text markup language (HTML) www.yahoo.com. Exhibit G contains an exemplary XML page that has been transcoded page into an extensible markup language from the HTML page at the Yahoo webpage www.yahoo.com by the Yahoo Sites into (XML) page; and an extensible markup language (XML) page at the Yahoo sister site m.yahoo.com. applying a document type definition (DTD) to the The Yahoo Sites include code which when executed cause a digital processing system to XML page. apply a document type definition (DTD) to the XML page at the Yahoo sister site m.yahoo.com. See for example Exhibit G, which shows applying a document type definition (DTD) to the XML page. Claim 10 The computer readable storage media of claim 8 The Yahoo Sites include executable computer program instructions which when
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providing a webpage associated with a sister site; and

providing a simplified navigation interface for the webpage by the sister site.

Unless otherwise noted, all screenshots in this chart and / or enclosed exhibits were taken on an iPhone simulator, a standard part of the Apple-provided development environment for the iPhone. 2

Appendix K 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
which when executed cause a digital processing system to perform a method further comprising: executed cause a digital processing system to apply a cascading style sheet (CSS) to the XML page. See, for example, Exhibit G.

applying a cascading style sheet (CSS) to the XML page. Claim 12 The method of claim 1, further comprising: See claim 15, below. 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 15 The computer readable storage media of claim 6, further comprising: displaying the simplified navigation interface on a portable wireless device.

See claim 16, below. The Yahoo Sites further include code which when executed cause a digital processing system to display the simplified navigation interface on portable wireless devices, including without limitation on iPhones2 and other portable wireless devices. See for example Exhibit A, Figure 1. The Yahoo App also includes the executable computer program instructions claimed here, to display the simplified navigation interface on an iPhone, which is a portable wireless device.

Claim 16 The computer readable storage media of claim 6, wherein a sister site is a server on a network.

The Yahoo Sites further provide code which when executed by a digital processing system cause a server on a network, such as the Internet, to provide the Yahoo sister site m.yahoo.com. The Yahoo App also includes code claimed here, to provide the Yahoo sister site bbiphone.yahoo.com, which is on a network, such as the Internet.

Claim 17 The method of claim 1, wherein the webpage
2Unless

See claim 18, below.

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. 3

Appendix K 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
contains commercial content. Claim 18 The computer readable storage media of claim 6, The Yahoo Sites further include code which when executed by a digital processing wherein the webpage contains commercial content. system cause the Yahoo webpage at www.yahoo.com to include commercial content. For example, as shown in the attached Exhibits A and B, the Yahoo webpage contains commercial content, including without limitation advertisements and offers to use and / or purchase Yahoo's products and services. The Yahoo App also includes the executable computer program instructions claimed here. For example and without limitation, as shown in the attached Exhibits A and B, the Yahoo webpage contains commercial content, including without limitation advertisements and offers to use and / or purchase Yahoo's products and services. 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.

The Yahoo Sites further include code which when executed by a digital processing system cause the display of the navigation interface via a computer system. The navigation interface is displayed via portable wireless devices that are computer systems, including without limitation iPhones and other computer systems. See for example Exhibit A, Figure 1. The Yahoo App also includes the executable computer program instructions claimed here. The navigation interface is displayed via the iPhone.

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 4

Appendix K 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
The computer readable medium of claim 6, further comprising: providing a second webpage associated with the sister site; and The Yahoo Sites further include code which when executed by a digital processing system cause the provision of a second webpage associated with the Yahoo sister site m.yahoo.com.

The Yahoo App also includes the code claimed here. The code causes the provision of a second webpage associated with the Yahoo sister site m.yahoo.com. See for example Exhibit E. providing the simplified navigation interface for the The Yahoo Sites further include code which when executed by a digital processing second webpage by the sister site. system cause the provision of the simplified navigation interface for the second webpage by the Yahoo sister site at m.yahoo.com. Yahoo, for example, on its Yahoo sister site, provides the simplified navigation interface for the second webpage by the Yahoo sister site. See for example Exhibit A. The Yahoo App also includes the executable computer program instructions claimed here. The instructions cause the simplified navigation interface for the second webpage by the Yahoo sister site m.yahoo.com. See for example Exhibit E. Claim 23 The method of claim 1, wherein the simplified navigation option includes the use of primary navigation options. Claim 24 The computer readable medium of claim 6, wherein the simplified navigation option includes the use of primary navigation options. See claim 24, below.

The Yahoo Sites further include code which when executed by a digital processing system cause the simplified navigation interface to include the use of primary navigation options. The Yahoo Sites provide the simplified navigation interface including the use of primary navigation options. See for example Exhibit A, which show navigation options that necessarily change between successive matrix layers, changing from general to more specific with increases in depth in the matrix. The Yahoo App also includes the code claimed here. The instructions cause the simplified navigation option includes the use of primary navigation options. See for example Exhibit E. 5

Appendix K 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
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 The Yahoo Sites further include code which when executed by a digital processing the webpage is publicly accessible. system cause the Yahoo webpage to be publicly accessible. The Yahoo webpages are publicly accessible. See for example Exhibit B. Claim 29 The method of claim 1, wherein the simplified navigation interface includes a search form. Claim 30 The computer readable medium of claim 6, wherein the simplified navigation interface includes a search form. See claim 30, below. The Yahoo Sites further include code which when executed by a digital processing system cause the simplified navigation interface to include a search form to search for, for example, a stock. See for example Exhibit C. The Yahoo App also includes the code claimed here. The instructions cause the simplified navigation interface to include a search form to search for, for example, a stock. See for example Exhibit E.

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Appendix K to EMG's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions Exhibit A to Claim Chart Regarding Infringement of U.S. Patent 7,020,845

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