Apple, Inc. v. Motorola, Inc. et al

Filing 107

Declaration of Winslow B. Taub filed by Plaintiffs Apple, Inc., Next Softward, Inc. re: 90 Motion Requesting Claims Construction by Plaintiffs. (Attachments: # 1 Ex. A, '486 Inf. Chart, # 2 Ex. B, '354 file history excerpt, # 3 Ex. C, '354 file history excerpt, # 4 Ex. D, Spielman report excerpts, # 5 Ex. E, '983 file history excerpts, # 6 Ex. F, '983 file history excerpts, # 7 Ex. G, '337 Inf. Chart, # 8 Ex. H, '002 Inf. Chart, # 9 Ex. I, '002 file history excerpt, # 10 Ex. J, '002 file history excerpt, # 11 Ex. K, '002 file history excerpt, # 12 Ex. L, dictionary definitions, # 13 Ex. N, JPS63-167588 cert. trans., # 14 Ex. O, appl. 08/050952 file history excerpt, # 15 Ex. P, invalidity conten. excerpt, # 16 Ex. Q, 6,371,977, # 17 Ex. R, 5,474,831) (Haslam, Robert) Modified on 7/18/2011 (llj).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

APPLE INC., and NEXT SOFTWARE,
INC. (f/k/a NeXT COMPUTER, INC.),
Plaintiffs and
CounterclaimDefendants,
Case No. 10-CV-662 (BBC)

v.
MOTOROLA, INC. and MOTOROLA
MOBILITY, INC.
Defendants and
CounterclaimPlaintiffs

DECLARATION OF WINSLOW B. TAUB IN SUPPORT OF PLAINTIFFS AND
COUNTERCLAIM-DEFENDANTS APPLE INC. AND NEXT SOFTWARE, INC.’S
RESPONSIVE CLAIM CONSTRUCTION MEMORANDUM

I, Winslow B. Taub, hereby declare:
1.

I am an attorney with the law firm of Covington & Burling LLP, counsel of

record for Apple Inc. (“Apple”) and NeXT Software (“NeXT”) (collectively “Plaintiffs”) in the
above-captioned matter. The matters referenced in this declaration are based on personal
knowledge and if called as a witness I could, and would, testify competently to these matters.
2.

Attached hereto as Exhibit A is a true and correct copy of Apple’s Infringement

Claim Chart, Ex. D-4.
3.

Attached hereto as Exhibit B is a true and correct copy of the U.S. Patent No.

6,424,354 Prosecution History, Response to Office Action dated August 28, 2001.
4.

Attached hereto as Exhibit C is a true and correct copy of Apple’s Infringement

Contentions, Ex. E.
5.

Attached hereto as Exhibit D is a true and correct copy of excerpts from the

Expert Report of Susan Spielman on Issues of Infringement and Domestic Industry for United
States Patent No. 6,275,983 (“’983”), in ITC Investigation No. 337-TA-710, dated January 26,
2011.
6.

Attached hereto as Exhibit E is a true and correct copy of ’983 Prosecution

History, Response to Office Action dated November 3, 1999.
7.

Attached hereto as Exhibit F is a true and correct copy of ’983 Prosecution

History, Office Action dated February 1, 2000.
8.

Attached hereto as Exhibit G is a true and correct copy of Apple’s Infringement

Contentions, Ex. L.
9.

Attached hereto as Exhibit H is a true and correct copy of Apple's Infringement

Contentions Ex. B.

10.

Attached hereto as Exhibit I is a true and correct copy of the U.S. Patent No.

6,493,002 (“’002”) Prosecution History, Amendment dated January 17, 1997.
11.

Attached hereto as Exhibit J is a true and correct copy of ’002 Prosecution

History, Office Action dated September 18, 1998.
12.

Attached hereto as Exhibit K is a true and correct copy of ’002 Prosecution

History, Appeal Brief dated June 1, 2001.
13.

Attached hereto as Exhibit L is a true and correct copy of the definition of

“pseudo-random number sequence” from the IEEE 100 The Authoritative Dictionary of IEEE
Standard Term, Seventh Ed. 2000; and the definition of “pseudo-random numbers” from The
Illustrated Dictionary of Electronics, Fifth Ed. 1991.
14.

Attached hereto as Exhibit M is a true and correct copy of excerpts from the

deposition of Tyler Brown taken on June 28, 2011.
15.

Attached hereto as Exhibit N is a true and correct copy of the certified translation

of Japanese Unexamined Patent App. No. S63-167588.
16.

Attached hereto as Exhibit O is a true and correct copy of excerpts from the file

history of U.S. abandoned patent application number 08/050952, April 21, 1993 “preliminary
amendment”.
17.

Attached hereto as Exhibit P is a true and correct copy of excerpts from

Motorola’s May 17, 2011 Amended Invalidity Contentions.
18.

Attached hereto as Exhibit Q is a true and correct copy of U.S. Patent No.

6,371,977.
19.

Attached hereto as Exhibit R is a true and correct copy of U.S. Patent No.

5,474,831.

2

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct to the best of my knowledge and belief.
Executed on July 15, 2011 at San Francisco, California.

/s/ Winslow B. Taub
Winslow B. Taub

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