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).

EXHIBIT D

CONTAINS CONFIDENTIAL BliSINESS 1~';:f(lRNIATION SUBJECT TO PROTECTIVE ORIU:R

LNITED STATESI.NTERNATIONAL TRADE COl\Il\HSSION
\:VASHINGTON~I).C.

Before The Honorable Carl C. Chnrneski
Administratiye Law .Judge

)

In the l\'inner of

)
)

CERTAIN PERSONAL DATA AND

)

MOBILE COJ\JMUNICATIONS
I)EVICl~S AND RF~LATl~n SOFT\:VA.RE

)

Investigation No. 337-TA-710

)

)

----------------)
f2Xl'I':RT REPORT OF S{JSAN SPIELMAN ON ISSUES OF INJ.-RINGEJVIENT AND
OOJ\,IJ<:STICINO{JSTRY.FOR.CNrrEO.STATES.PAIRN'I'.NO.. 6.275,983

CONTAINS CONFIDENTIAL BliSINESS 1~';:f(lRNIATION SUBJECT TO PROTECTIVE ORIU:R

(c)

Apple's

During Runtime (claims 1, 7, 22)

While nmning or executing

Proposed

Cons tmc tion
HTC's

and

During thc execution of the object-oriented application

Staft\
Proposed

(HTC is construing "during runtime H on I",· m

Constmction

th(~

limitations:

context of the foIlOV"'lng

claim 1(d) "pwc.:edural prograrn logic code, ... native system servic($;"
claim I(g) "a runtime loader" ... object-oriented lnethods:'
claim 7(b) "issuing calls ... native system services;ll

claim 7(c) "determining during runtime ... computer hard\vare; and"
claim 7(d) "selectively loading the .. , ifnot yet loaded."
claim 22(d) "a processor in the computer system ... native system services;"
claim 22(e) "said processor loading
claim 22(0 "said rocessor invoking

64.

native system services;"
during runtime. H )

One of skillin the art \vould understand the term "duringrunthne" to mean while

n-lnnlng or executing. HTC'sand Staff's proposed eonstmctions read an unnecessary' and unduly
nanov'ling requirement into "dnringrumime" to require execution of an object~oriented
application.
65.

The daiuls of the '983 patent do llot limit "during nmtimeH to only the execution

of an object-oriented application. For example, in claim 22. the tefin '\iuring nmtlme" appears in
thre(~

semicolon separak>d dallses. The first two of thoseclaus($ states, "determining during

rU1I1ime \>,,'hether procedural prograrn log-ie code is availahlein the executable prograrn memory
to provide said required native systern services;" and" loading procedural prograrn logic code
fiom said library' into the executable programmCmOl)' during nmtime to provide said required

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CONTAINS CONFIDENTIAL BliSINESS 1~';:f(lRNIATION SUBJECT TO PROTECTIVE ORIU:R

native system services. l ' Nothing in those t\VO clauses restricts "during runtime" to the execution
of an object-oriented application. One of ordinary skill in the art \vould simply understand that
the term !, during runtime" in those clauses is being used to refer to a time during which sofhvare

is running or executing 011 theconrpnter systeillofclaim 22. Clahn 22 further identifies difterelll
types of sothvare induding Il a library of procedural program logic code,," "a procedural operating
system/' and "an object-oriented

program.~'

Accordingly, based on just the language of the

claims alone, one of ordinary skill in the art 'would not restrict the term "during runtime" to only
the time when an Hobject-oriented application" is running or executing,

66.

The '983 patent

speclfli.~ation does

not limit "dllrlng runtinw"

to

only the runtime

of an object-oriented application. The specit1cation refers to "during mntimell more broadly to
mean running or executing of software in general. In flK't, in addition

to

describing the runtime

of applications, the specification also refers to the "rurHime envirot1l11enrof the comput(.'r" and

the "nuHl1ne environment established in the cot'nputer platfi'.mn 102:' (See, e.g, . '983 patent 5:810; 9:62-65.)
67,

'The prosecutlon history' is also consistent with the broader understanding of the

term "during runtime" as referring to sothvare that is "running or executing" as distinguished

from sothvare that is being developed or compiled. For

eX(l1up!e~

the AppHcantnoted that "in

[the]rlaimedinvention, the object oriented statements using a\\Tapper are 10caH..~d in the system
at runthne while running or executing, whereas in Sdunldt the locating is completed at
development time." ('983 Prosecution History, Nov. 3, 1999 Response to Office Action at 1-2.)
The Examiner agreed with this understanding of the term "during mlltime,ll noting in a later
office action that ''[t]ransparent mapping is inherently a run-time funCtlon {i,e. lj'hile running or

executing)." ('983 Prosecution History, Jan, 28.,2000 at 3.) As understood b:y the Examiner. one

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CONTAINS CONFIDENTIAL BliSINESS 1~';:f(lRNIATION SUBJECT TO PROTECTIVE ORIU:R

of skill in the art \vonld understand that the term "during: runtime,," as used in the '983 patent,
refers simply to the time when software is r'runlltng or executing," as distinct from the time\vhen
software is developt>d or compilecL As such, one of skill 111 the art w'oulel understand "during
runtime" to mean simply "while mnning or executing" as proposed by Apple,
68.

HTC'sand Staffs proposed constructions limit "runtime" to running or executing

of only one type of sofhvare------object~orientedapplications------which is inconsistent \vith ho\v the
term runtime is used throughout the claims, LlTC and Staff propose that "during runtime" means
"during: the execution of the object-oriented application.'! Since the tenn and their proposed
definition bOth recite "during," HTC's and Stan's proposal mnomHs to providing a definition of
HruntimeHas "the execution of the object-oriented applicatioll_" But the term !'mntimer, is not so
limited within the claims themsdves. For example,daim I recites "executable program memory
associated with the computer hard\vare for runtime execution of tbe procedural
system."

C983 patent at 37:63-67_)

Ol)(~rating

Since anohject-oriented application and a procedural

operating system ate different pieces of soft\:vate, HTC's and Staffs naITO\\,' reading of "runtime"
as solely "the execution of the object-oriented application is contrary to the explicit language of
H

the claims. Indeed, substituting HTe's and Stares construction for runtime into claim t renders it

uninte11lgihle to one of skill in the f.nt - "executable program memory associated with the
computer

hardv,,'art~

for the [execution of the object-oriented application] exe('utiol1 of the

procedural operating systeul."

Accordingly, Apple's construction, "..,'hich treats the tenn

"runtime" consistently across all the claims. is the appropriate construction as would be

understood hy one of skill in the art
69.

Various dictionary definitions confinn that the tem) "runtilne" is !lot restricted to

the "execution of the object-oriented application" but is simply used to refer to "running or

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CONTAINS CONFIDENTIAL BliSINESS 1~';:f(lRNIATION SUBJECT TO PROTECTIVE ORIU:R

executing" of soihvare as distinguished from soft\vare that is being developed or compiled. For
example, the DICTIONA,RY OF CClMPFIlNG defines lfmn tirne" as "The time at \vhich a program
begins to execute, in contrast to the time at\vhil..:h it may have been submitted, loa(.k'd,compiled.,
or <1ssclnbled." (See DICTIONARY OF CC}l\WHTING, Oxford University Press (3d ert 1991)) In yet
another example, the ('()i\'WliTER DICnONARY defines "run time" as "Either the time period
during \vhicb a program is running or the amount of time needed to execute the program. l ! (See
COMPUTER DICTIONARY"hhcrosoft
SCIENCE AND TECHNOLOGY

Press (1991)) Further, the AC\DElvIIC PRESS DICTIONARY OF

defines "run-time!! as "('omputer Science. of or referring to

sOlnetbing that happens during execution ot\\ prognnn." (See /\CADE\tIC PRE·SS DICTIONARY OF
"'
. ~'I'
> "1I:'N' '1"
S C' , ), 'c) A;~)

'I-'j" '1·,I·N''0 )JU'I , h.C<l(emlC I'ress \, (\(\?).)
1 ' .
,'i1 ,:' ,:,~, ,
.~.C'., 'I .':' V \

CO:vlPLETE ILLUSTRATED DICTHJNARV

program."
AmaCOHl

(See TIll- COMPI rrER

\
" ':'1' I , . '. :.
h, 'jso" '-1'1"11' (' ': ',11'1,:"IT,::R U"'1,OSSh Z'v, "('f'fI'
:'.Ch J

denne5- "runtime'! as!1Refers to the actual ext~cution of a

GLO~S.'\RY" THE COrvlFLETE ILLUSTRATED DICTIONARY,

(7th ed, 1994)The NK\V IEEE

STANDARD DICTJONARY OF ELECfRICAL /\\D

ELECTRONICS TER\lS defines llrun time" as "(A) The instant at which a computer program begins

to execute. (B) The period of time during \vhich a computer program lS executing. (C) See:
execution time.'! {See NE\V IEEE STANDARD DIC'fICfNARY (IE ELECTRICAL AND ELECTRONICS
TERMS (5th ed, 1993H

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