Nokia Corporation v. Apple Inc.

Filing 55

Motion Requesting Claims Construction by Counter Claimants Apple, Inc., Defendant Apple, Inc. (Massa, Dominic) Modified on 12/20/2010 (jas/t).

Nokia Corporation v. Apple Inc.

Doc. 55

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ) ) ) Plaintiff, ) ) v. ) ) APPLE INC., ) ) Defendant. ) __________________________________________) ) APPLE INC., ) ) Counterclaim-Plaintiff, ) ) v. ) ) NOKIA CORPORATION and NOKIA INC., ) ) Counterclaim-Defendants. ) __________________________________________) NOKIA CORPORATION,

CIVIL ACTION NO. 10-CV-249 JURY TRIAL DEMANDED

APPLE INC.'S MOTION FOR CLAIM CONSTRUCTION OF CERTAIN DISPUTED TERMS Defendant and Counterclaim-Plaintiff Apple Inc. ("Apple") hereby moves for construction of the seven disputed claim terms set forth below. As grounds for this motion, Apple states that construction of each term listed below is necessary to resolve a disputed issue concerning infringement or invalidity, as detailed fully in Apple's accompanying Memorandum in Support of Motion for Claim Construction. Apple also requests a hearing on its proposed constructions of the disputed claim terms from Nokia's asserted patents, for all the reasons set forth in Apple's accompanying Memorandum in Support of Motion for Claim Construction.

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Dockets.Justia.com

I.

Disputed Terms from Nokia's Asserted Patents A. U.S. Patent No. 6,317,083 Apple's Proposed Construction two conductors that each extend from the reference plane to the lamina

Disputed Claim Term feed section extending from the reference plane to the lamina and coupled to the reference plane and the lamina

B.

U.S. Patent No. 6,348,894 Apple's Proposed Construction the radio frequency antenna, as distinct from the telephone antenna, is part of the system connector in that it is mounted on the same insulating block that the system connection pins are mounted on / the resonating region of a radio frequency antenna, as distinct from the telephone antenna, is part of the system connector in that it is mounted on the same insulating block that the system connection pins are mounted on

Disputed Claim Term radio frequency antenna is integrated into the system connector / resonating region is integrated into the system connector

C.

U.S. Patent No. 6,603,431 Apple's Proposed Construction space that contains the antenna assembly (antenna, ground plane, and raising component)

Disputed Claim Term antenna assembly space / space

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D.

U.S. Patent No. 7,558,696 Apple's Proposed Construction This term is governed by 35 U.S.C. § 112 ¶ 6. The claimed function is to centrally manage a use of one or more positioning methods for more than one application. The corresponding structure disclosed in the specification is a device that includes an interface to two or more applications; an interface to two or more positioning methods; a register that stores parameters provided by the applications or the user describing the quality of the positioning data requested, and that stores parameters provided by the positioning methods describing the quality of the positioning data provided; and a controller that implements a decision-making algorithm. The decision-making algorithm selects, for each application, a positioning method whose parameter(s) correspond best with the parameter(s) requested by the application or the user.

Disputed Claim Term position method selection device

E.

U.S. Patent No. 7,532,680 Apple's Proposed Construction [power amplifier/amplifier/circuit] that modifies an input signal based on a gain value to produce an output signal, where the gain value can be varied over a continuous range of values

Disputed Claim Term variable gain [power amplifier/amplifier/ circuit]

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Disputed Claim Term variable gain means

Apple's Proposed Construction This term is governed by 35 U.S.C. § 112 ¶ 6. The claimed function is accomplishing a variable gain (i.e., modifying an input signal based on a gain value to produce an output signal, where the gain value can be varied over a continuous range of values). The corresponding structure disclosed in the specification is an RF attenuator that receives an automatic level control signal.

F.

U.S. Patent No. 5,752,172 Apple's Proposed Construction driver amplifier that modifies an input signal based on a gain value to produce an output signal, where the gain value can be varied over a continuous range of values

Disputed Claim Term variable gain driver amplifier

II.

Disputed Terms from Apple's Asserted Patents A. U.S. Patent No. 5,612,719 Apple's Proposed Construction any mechanism or device for pointing to a particular location on a screen of a computer display, including a finger or stylus

Disputed Claim Term pointer

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Dated: December 17, 2010 GODFREY & KAHN, S.C. James Donald Peterson (# 1022819) One East Main Street, Suite 500 P.O. Box 2719 Madison, WI 53701-2719 Tel: [phone] Fax: [phone] [e-mail]

By: __ /s/ Dominic E. Massa_______ Dominic E. Massa WILMER CUTLER PICKERING HALE AND DORR LLP William F. Lee (admitted pro hac vice) Cynthia D. Vreeland (admitted pro hac vice) Dominic E. Massa (admitted pro hac vice) 60 State Street, Boston, MA 02109 Tel. [phone] Keith Slenkovich (admitted pro hac vice) 1117 California Avenue Palo Alto, CA 94304 Tel. [phone] Attorneys for Defendant and Counterclaim-Plaintiff Apple Inc.

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CERTIFICATE OF SERVICE I hereby certify that on December 17, 2010, a copy of the foregoing document was caused to be served upon all counsel of record through the ECF System. /s/Allyson J. Portney Allyson Portney

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