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

Filing 239

Exhibit to 236 Declaration,,,, filed by Motorola, Inc., Motorola Mobility, Inc. (Attachments: # 1 Exhibit 1 - Patent No. RE39,486, # 2 Exhibit 2 - Patent No. 5,929,852, # 3 Exhibit 4 - Apple's Infringement Contentions Chart for RE '486 Patent, # 4 Exhibit 5 - Apple's Infringement Contentions Chart for '852 Patent, # 5 Exhibit 6 - Excerpts from '575 File History, # 6 Exhibit 9 - Patent No. 5,455,599, # 7 Exhibit 10 - July 30, 2010 ITC Order No. 18, Inv. No. 337-TA-704, # 8 Exhibit 12.1 - July 15, 2011 ITC Initial Determination, Inv. No. 337-TA-710, # 9 Exhibit 12.2 - July 15, 2011 ITC Initial Determination, Inv. No. 337-TA-710, # 10 Exhibit 13 - Patent No. 5,481,721, # 11 Exhibit 14 - Excerpts from '721 File History) (Burrows, James)

Exhibit 4

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,

Case No. 10-CV-662 (BBC)
JURY TRIAL DEMANDED

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

PLAINTIFFS’ SUPPLEMENTAL OBJECTIONS AND RESPONSES TO
DEFENDANTS’ FIRST SET OF INTERROGATORIES (NO. 6)
Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Plaintiffs
Apple Inc. (“Apple”) and NeXT Software, Inc. (“NeXT”) (collectively, “Plaintiffs”)
hereby provide their first supplemental objections and responses to the first set of
interrogatories served by Defendants Motorola, Inc. and Motorola Mobility, Inc.
(collectively, “Defendants”).
GENERAL OBJECTIONS
Plaintiffs reiterate and incorporate by reference their objections to Defendants’
First Set of Interrogatories, as if specifically stated herein.
FURTHER OBJECTIONS AND RESPONSES
INTERROGATORY NO. 6
For each claim of the Apple Asserted Patents that you allege Defendants have
infringed or are infringing, describe the complete basis for your contention that

Defendants are infringing or have infringed that claim by describing in a claim chart on
an element-by-element basis where each element of each Asserted Claim can be found in
each Accused Instrumentality of Defendants that you contend infringes that claim,
whether such alleged infringement is literal or by equivalents, how 35 U.S.C. § 112(6) is
satisfied, if applicable, and whether such alleged infringement is direct (i.e., under 35
U.S.C. § 271(a)) or indirect (i.e., under 35 U.S.C. §§ 271(b) or (c)).
RESPONSE TO INTERROGATORY NO. 6
In addition to their General Objections, Plaintiffs object to this interrogatory as
vague and ambiguous, overly broad, and unduly burdensome. Plaintiffs further object to
this interrogatory to the extent that it seeks information that is (a) protected by the
attorney-client privilege or work product doctrine; (b) confidential, proprietary, or trade
secret; (c) subject to Plaintiffs’ legal or contractual obligation of nondisclosure or
confidentiality to a third party; and/or (d) public or readily available to Defendants.
Plaintiffs further object to the extent this interrogatory calls for a legal conclusion.
Plaintiffs also object to this contention interrogatory as premature because, among other
things, Defendants have not yet produced documents or information about its products
used to infringe the Apple Asserted Patents. Plaintiffs expressly reserve the right to
amend, supplement, and/or correct its response to this interrogatory as additional
information becomes available to Plaintiffs during the course of their discovery and
investigation, in response to any claim construction by the Court, or in response to
Defendants’ responses to Plaintiffs’ interrogatories (or any supplement thereto).
Subject to their General and Specific Objections, Plaintiffs respond as follows:
Plaintiffs will provide their infringement contentions by March 4, 2011 pursuant to the

2

Court’s Preliminary Pretrial Order and will supplement those contentions as appropriate.
Plaintiffs will provide their expert reports regarding infringement of the Apple Asserted
Patents by September 2, 2011 pursuant to the Court’s Preliminary Pretrial Order and will
supplement those reports as appropriate and necessary and as permitted by the Court.
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 6
Subject to their General and Specific Objections above, Plaintiffs hereby
incorporate by reference Plaintiffs’ Identification of Asserted Claims and Accused
Products regarding U.S. Patent Nos. 7,479,949 (“the ’949 patent”), 6,493,002 (“the ’002
patent”), 5,838,315 (“the ’315 patent”), RE 39,486 (the “RE ’486 patent”), 6,424,354
(“the ’354 patent”), 6,343,263 (“the ’263 patent”), 6,275,983 (“the ’983 patent”),
5,969,705 (“the ’705 patent”), 5,946,647 (“the ’647 patent”), 5,929,852 (“the ’852
patent”), 5,915,131 (“the ’131 patent”), 5,566,337 (“the ’337 patent”), 5,519,867 (“the
’867 patent”), 5,481,721 (“the ’721 patent”) and 5,455,599 (“the ’599 patent”), served on
March 4, 2011. In addition, based upon presently known information, Plaintiffs append
claim charts for each of the Apple Patents-in-Suit as follows:
•
•
•
•
•
•
•
•
•
•
•
•
•

Ex. A: ’949 Patent, claims 1, 2, 4-6, and 9-20.
Ex. B: ’002 Patent, claims 1, 3-7, 11, 21, 22, 26, 28-32, 36, 37, 46,
and 47.
Ex. C: ’315 Patent, claims 1, 7, 8, and 12-14.
Ex. D: RE ’486 Patent, claims 1-3, 6-12, 14-17, and 20.
Ex. E: ’354 Patent, claims 1, 3, 5-8, 41, and 42.
Ex. F: ’263 Patent, claims 1-6, 24, 25, 29, and 30.
Ex. G: ’983 Patent, claims 1-11, 16, 17, and 22.
Ex. H: ’705 Patent, claim 1.
Ex. I: ’647 Patent, claims 1, 3, 4, 8, 9, 13-15, 19, 20, and 22.
Ex. J: ’852 Patent, claims 1-3, 7-13, and 15-19.
Ex. K: ’131 Patent, claims 1, 3, 4, 7-12, and 15-17.
Ex. L: ’337 Patent, claims 1, 3, 6-10, 12, 14, 16-19, 21, 23, and 24.
Ex. M: ’867 Patent, claims 1-3, 7-10, 12, 13, and 32.

3

•
•

Ex. N: ’721 Patent, claims 1, 3-7, 11-14, 19-22, and 24.
Ex. O: ’599 Patent, claims 1-3, 15, 16, 18, 19, 22, and 24-26.

Defendants infringe or have infringed these claims (collectively, “the Asserted
Claims”) by making, using, selling, offering for sale or importing at least the following
devices: Droid, Droid 2, Droid 2 Global, Droid X, Droid Pro, Cliq, Cliq XT, Cliq 2,
Charm, BackFlip, Devour, i1, Citrus, Defy, Bravo, Flipout, Flipside, Atrix 4G, and Xoom
(collectively “the Accused Products”). As described in further detail in the appended
claim charts, see Exs. A-O, each element of each of the Asserted Claims is met by the
Accused Products. Where the basis for infringement is not significantly distinct,
Plaintiffs have selected representative Accused Products as appropriate.
Defendants directly and indirectly infringe all of the Asserted Claims. Defendants
directly infringe these claims by making, using, offering for sale, or selling the Accused
Products within the United States, or by importing the Accused Products into the United
States. In addition, Defendants’ customers directly infringe the Asserted Claims by using
the Accused Products, and Defendants induce this direct infringement of the Asserted
Claims by selling the Accused Products and by providing manuals and other user guides
encouraging their customers to use the Accused Products in an infringing manner.
Defendants further contribute to this direct infringement of the Asserted Claims by
selling the Accused Products, which are specifically designed to practice the inventions
of the Asserted Claims and have no substantial non-infringing uses. Based on presently
known information, Plaintiffs contend that the Accused Products made, used, sold,
offered for sale or imported by Defendants infringe each of the Asserted Claims literally
or, in the alternative, under the doctrine of equivalents.

4

These contentions are preliminary and based only on publicly available
information. Defendants have not yet provided discovery as to twelve of the fifteen
Apple Patents-in-Suit and Plaintiffs’ investigation of Defendants’ infringement is
ongoing. Based on discovery and Plaintiffs’ continued investigations, Plaintiffs may
identify additional claims that are infringed and additional accused products, including
products that Defendants may introduce in the future. Plaintiffs expressly reserve the
right to amend their response to this Interrogatory to include such products. Also, these
contentions are made based on information ascertained to date, and Plaintiffs expressly
reserve the right to modify or amend the contentions contained herein based on the
Court’s claim constructions or to reflect additional information that becomes available to
Plaintiffs as discovery and their investigation proceeds.

Dated: March 18, 2011

WEIL, GOTSHAL & MANGES LLP
By:

/s/ Jill J. Ho
Jill J. Ho
Attorneys for Apple Inc. and
NeXT Software, Inc.

5

CERTIFICATE OF SERVICE
I declare that I am employed with the law firm of Weil, Gotshal & Manges
LLP, whose address is 201 Redwood Shores Parkway, Redwood Shores, California
94065-1175. I am not a party to the within cause, and I am over the age of eighteen
years. I further declare that on March 18, 2011, I served a corrected copy of:
PLAINTIFFS’ SUPPLEMENTAL OBJECTIONS AND RESPONSES TO
DEFENDANTS’ FIRST SET OF INTERROGATORIES (NO. 6)
BY U.S. MAIL by placing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, addressed as follows, for collection and
mailing in accordance with the firm’s ordinary business practices. I am readily familiar
with the practice for collection and processing of mail, and know that in the ordinary
course of business practice that the document(s) described above will be deposited with
the U.S. Postal Service on the same date as sworn to below.
BY ELECTRONIC SERVICE by electronically mailing a true
and correct copy through the electronic mail system to the email address(es) set forth in
the service list below.
BY OVERNIGHT DELIVERY by placing a true copy thereof
enclosed in a sealed envelope with overnight delivery fees provided for, addressed as
follows, for collection by Federal Express in accordance with ordinary business practices.
I am readily familiar with the practice for collection and processing of correspondence
for overnight delivery and know that in the ordinary course of business practice the
document(s) described above will be deposited by an employee or agent in a box or other
facility regularly maintained by Federal Express for collection on the same day that the
document(s) are deposited.
Lynn Stathas (# 1003695)
[e-mail]
REINHART BOERNER VAN DEUREN, S.C.
22 East Mifflin Street
Madison, WI 53701-2018
Phone: [phone]
Fax: [phone]

Edward J. DeFranco
[e-mail]
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants Motorola, Inc. and
Motorola Mobility, Inc.

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct. Executed on March 18, 2011, at Redwood
Shores, California.
/s/ Jill J. Ho
Jill J. Ho

Exhibit D – U.S. Patent No. RE 39,486
Motorola directly and/or indirectly infringes at least claims 1-3, 6-12, 14-17, and 20 of the RE ’486 patent, either literally or
through the doctrine of equivalents. Motorola’s infringing products include mobile devices such as smartphones and tablet computers,
including but not limited to: Atrix, Bravo, Cliq, Cliq XT, Cliq 2, Charm, Defy, BackFlip, Devour, Droid, Droid 2, Droid 2 Global,
Droid X, Droid Pro, Droid Bionic, Flipout, Flipside, i1, and Xoom (collectively, the “RE ’486 Accused Products”).
For the purposes of this analysis, Apple will examine a representative mobile device, Motorola’s Droid X, which operates with
the Android 2.1 Platform. All other RE ’486 Accused Products meet the limitations of the asserted claims on the same bases as
indicated for the Droid X, unless otherwise stated.
These infringement contentions are preliminary and based only on publicly available information as to the RE ’486 Accused
Products. Motorola has not yet provided discovery as to its accused products and in addition Apple’s investigation of Motorola’s
infringement is ongoing. Based on discovery and Apple’s continued investigations Apple reserves the right to amend these
contentions to identify additional bases for infringement and additional accused products, including products that Motorola may
introduce in the future. Accordingly, Apple reserves its right to amend these contentions as discovery and its investigation proceeds.
Also, these disclosures are made based on information ascertained to date, and Apple expressly reserves the right to modify or amend
the disclosures contained herein based on the Court’s claim constructions or to reflect additional information that becomes available to
Apple.
U. S. Patent No. RE 39,486
1. An extensible and replaceable layered
component computing arrangement
residing on a computer coupled to a
computer network, the layered
arrangement comprising:

Infringement Contentions
The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement residing on a computer coupled to a computer network.
The RE ’486 Accused Products are computers.
• For example, the Motorola Droid X includes a Texas Instruments OMAP36301000 1GHz processor. See Exh. D-1 [Droid X by Motorola MotoDev Specs]
and is capable of executing numerous computer programs such as email
programs, web browsers, and instant messaging applications. See Exh. D-2
[Droid X by Motorola Tech Specs]. Accordingly, the Droid X is a computer.
Moreover, the RE ’486 Accused Products are coupled to a computer network. Among
other things, the RE ’486 Accused Products are coupled to the Internet via cellular and
wireless networks. Id.

U. S. Patent No. RE 39,486

Infringement Contentions
The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement.
• For example, Android’s application framework enables “reuse and replacement
of components.” Exh. D-3 [Android Developer Site-“What is Android?”]. A
central feature of Android is that one application can make use of elements of
other applications (provided those applications permit it). For this to work, the
system must be able to start an application process when any part of it is needed,
and instantiate the Java objects for that part. Therefore, unlike applications on
most other systems, Android applications don’t have a single entry point for
everything in the application (no main () function, for example). Rather, they
have essential components that the system can instantiate and run as needed.
Exh. D-4 [Android Developer Site-“Application Fundamentals”].
The extensible and replaceable software architecture provided by Android is a layered
architecture. See Exh. D-3 [Android Developer Site-“What is Android?”].
• For example, Android is composed of multiple layers, such as layers that
include applications, application frameworks, core libraries, and the underlying
Linux kernel:

2

U. S. Patent No. RE 39,486

Infringement Contentions

Exh. D-3 [Android Developer Site-“What is Android?”]
a software component architecture layer
The RE ’486 Accused Products include a software component architecture layer
interfacing with an operating system to
interfacing with an operating system to control the operations of the computer, and
control the operations of the computer, the defining a plurality of components.
software component architecture layer
• For example, Android includes low level code that implements the basic Java
defining a plurality of components; and
class structure. This layer, which is implemented by the Dalvik Virtual
Machine, interfaces with the operating system to control the operations of the
computer. See Exh. D-3 [Android Developer Site-“What is Android?”].
a network component layer for developing The RE ’486 Accused Products include a network component layer for developing
network navigation components that
network navigation components that provide services directed at a computer network,
provide services directed to the computer which layer includes application programming interfaces.
network, the network component layer
• For example, Android includes Java classes designed to access services directed
includes application programming
to the computer network, such as the URLStreamHandler and URLConnection
3

U. S. Patent No. RE 39,486
interfaces; and

Infringement Contentions
classes, along with the HttpURLConnection and JarURLConnection classes,
which are subclasses of the URLConnection class. See, e.g., Exh. D-5
[Android Developer Site-“java.net.URLStreamHandler”], Exh. D-6 [Android
Developer Site-“java.net.URLConnection”], Exh. D-7 [Android Developer Site“java.net.HttpURLConnection”], and Exh. D-8 [Android Developer Site“java.net.JarURLConnection”]. The combination of these classes defines the
network component layer. The methods for implementing those classes are in
the form of application programming interfaces, See Exh. D-4 [Android
Developer Site-“Application Fundamentals”]. The network component layer in
Android is designed to be used in developing network navigation components,
such as web browsers, email viewers, and similar applications, which provide
services directed to the network. See Exh. D-3 [Android Developer Site-“What
is Android?”]
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”). See Exh. D-9 [Android Developer Site“Android Cloud to Device Messaging”]. “[C2DM] is a service that helps developers
send data from servers to their applications on Android devices. The service provides a
simple, lightweight mechanism that servers can use to tell mobile applications to contact
the server directly, to fetch updated application or user data. The C2DM service handles
all aspects of queueing of messages and delivery to the target application running on the
target device.” Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].
The C2DM framework on the accused devices includes a network component layer
enabling software developers to create network navigation components that receive
C2DM messages.
• For example, on information and belief, the C2DM framework includes the
com.google.android.c2dm package. Id.
Furthermore, the C2DM framework includes application programming interfaces. See
Exh. D-9 [Android Developer Site-“Android Cloud to Device Messaging”].
• For example, it includes a library of classes, such as C2DMessaging, that enable
applications to interoperate with the C2DM service. See Exh. D-10 [Google
4

U. S. Patent No. RE 39,486

Infringement Contentions
Code at “Google Projects for Android: C2DM”].

a first class included in the application
programming interface to construct a first
network navigation object that represents
different network resources available on
the computer network, wherein the
network component layer coupled to the
software component architecture layer in
integrating relation to facilitate
communication among the computing and
network navigation components.

The RE ’486 Accused Products include a first class included in an application
programming interface to construct a first network navigation object that represents
different network resources available on the computer network.
• For example, Android includes a URLConnection class that constructs a first
network navigation object. Object instantiations of that class represent different
network resources available on the computer network. See Exh. D-6 [Android
Developer Site-“java.net.URLConnection”]
Moreover, the network component layer is coupled to the software component
architecture layer in the RE ’486 Accused Products in integrating relation to facilitate
communication among the computing and network navigation components.
• For example, components within the software component architecture take
advantage of the network-directed services provided by network components,
thus coupling the software component architecture layer and the network
component layer in integrating relation. See Exh. D-4 [Android Developer
Site-“Application Fundamentals”].
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”), which includes the application programming
interface with a first class to construct a first network navigation object that represents
different network resources available on the computer network.
• For example, the C2DM application programming interface includes the
C2DMessaging class, which provides methods to construct objects that
represent different network resources available on the computer network. Exh.
D-10 [Google Code at “Google Projects for Android: C2DM”].
• For example, the C2DMessaging.register method allows an application such as
Google Chrome to Phone to register for the C2DM service. Exh. D-10 [Google
Code at “Google Projects for Android: C2DM”].
Moreover, the network component layer and the software component architecture layer
for the C2DM are coupled in integrating relation to facilitate communication between the
5

U. S. Patent No. RE 39,486

Infringement Contentions
computing and network navigation components.
• For example, software components such as the C2DM Main activity make calls
to the C2DMessaging class in order to accomplish such tasks as registering to
receive C2DM messages. Exh. D-10 [Google Code at “Google Projects for
Android: C2DM”].

2. The computing arrangement of claim 1
wherein the network navigation
components are objects.

The RE ’486 Accused Products include the computing arrangement of claim 1 wherein
the network navigation components are objects.

3. The computing arrangement of claim 1
wherein the application programming
interfaces further comprise a second class
for constructing a second network
navigation object representing a data
stream for transferring information among
objects of the arrangement.

The RE ’486 Accused Products include the computing arrangement of claim 1 wherein
the application programming interfaces further comprise a second class for constructing a
second network navigation object representing a data stream for transferring information
among objects of the arrangement.

• For example, the Android framework is object-oriented. In Android,
applications are written using the Java programming language. See Exh. D-4
[Android Developer Site-“Application Fundamentals”]. Accordingly, the
network navigation components in the RE ’486 Accused Products are written in
the object-oriented Java programming language. Id.

• For example, the RE ’486 Accused Products include classes such
HttpURLConnection and JarURLConnection classes. See, e.g., Exh. D-7
[Android Developer Site-“java.net.HttpURLConnection”] and Exh. D-8
[Android Developer Site-“java.net.JarURLConnection”]. Object instantiations
of those classes represent data streams for transferring information among
objects of the arrangement.
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which is used to construct a C2DMReceiver object, which
represents a data stream for transferring Cloud to Devices messages among the
components. Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].

6. An extensible and replaceable layered
component computing arrangement for

The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement for providing services directed to information available on a
6

U. S. Patent No. RE 39,486
providing services directed to information
available on computer networks, the
computing arrangement comprising:

Infringement Contentions
computer network.
The RE ’486 Accused Products are coupled to a computer network. Among other things,
the RE ’486 Accused Products are coupled to the Internet via cellular and wireless
networks. See Exh. D-2 [Droid X by Motorola Tech Specs]. The RE ’486 Accused
Products provide services directed to the Internet, such as email programs, web browsers,
and instant messaging applications. Id.
The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement. See Exh. D-4 [Android Developer Site-“Application
Fundamentals”].
• For example, Android’s application framework enables “reuse and replacement
of components.” See Exh. D-3 [Android Developer Site-“What is Android?”].
A central feature of Android is that one application can make use of elements of
other applications (provided those applications permit it). For this to work, the
system must be able to start an application process when any part of it is needed,
and instantiate the Java objects for that part. Therefore, unlike applications on
most other systems, Android applications don’t have a single entry point for
everything in the application (no main () function, for example). Rather, they
have essential components that the system can instantiate and run as needed.
Exh. D-4 [Android Developer Site-“Application Fundamentals”].
The extensible and replaceable software architecture provided by Android is a layered
architecture. See Exh. D-3 [Android Developer Site-“What is Android?”].
• For instance, Android is composed of multiple layers, such as layers that include
applications, application frameworks, core libraries, and the underlying Linux
kernel:

7

U. S. Patent No. RE 39,486

Infringement Contentions

Exh. D-3 [Android Developer Site-“What is Android?”]
a processor;

The RE ’486 Accused Products include a processor.
• For example, the Motorola Droid x includes a Texas Instruments OMAP36301000 1GHz processor. See Exh. D-1 [Droid X by Motorola MotoDev Specs].

an operating system;

The RE ’486 Accused Products include an operating system.
• For example, the Motorola Droid X is an Android-based phone and, thus,
includes the Android software framework and an underlying Linux kernel. See
Exh. D-3 [Android Developer Site-“What is Android?”].

a software component architecture layer
coupled to the operating system to control
the operations of the processor, the
software component architecture layer

The RE ’486 Accused Products include a software component architecture layer coupled
to an operating system to control the operations of the processor, and defining a plurality
of components.
8

U. S. Patent No. RE 39,486
defining a plurality of computing
components; and

a network component layer for creating
network navigation components
configured to search and obtain
information available on the computer
networks, the network component layer
includes application programming
interfaces; and

Infringement Contentions
• For example, Android includes low level code that implements the basic Java
class structure This layer, which is implemented by the Dalvik Virtual Machine,
interfaces with the operating system to control the operations of the computer.
See Exh. D-3 [Android Developer Site-“What is Android?”].
The RE ’486 Accused Products include a network component layer for developing
network navigation components that provide services directed at a computer network,
which layer includes, application programming interfaces.
• For example, Android includes Java classes designed to access services directed
to the computer network, such as the URLStreamHandler and URLConnection
classes, along with the HttpURLConnection and JarURLConnection classes,
which are subclasses of the URLConnection class. See, e.g., Exh. D-5
[Android Developer Site-“java.net.URLStreamHandler”], Exh. D-6 [Android
Developer Site-“java.net.URLConnection”], Exh. D-7 [Android Developer Site“java.net.HttpURLConnection”], and Exh. D-8 [Android Developer Site“java.net.JarURLConnection”]. The combination of these classes defines the
network component layer. The methods for implementing those classes are in
the form of application programming interfaces, See Exh. D-4 [Android
Developer Site-“Application Fundamentals”].
The network component layer in Android is designed to be used in developing network
navigation components, such as web browsers, email viewers, and similar applications,
which provide services directed to the network. See Exh. D-3 [Android Developer Site“What is Android?”].
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”). See Exh. D-9 [Android Developer Site“Android Cloud to Device Messaging”]. “[C2DM] is a service that helps developers
send data from servers to their applications on Android devices. The service provides a
simple, lightweight mechanism that servers can use to tell mobile applications to contact
the server directly, to fetch updated application or user data. The C2DM service handles
all aspects of queueing of messages and delivery to the target application running on the
target device.” Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].
9

U. S. Patent No. RE 39,486

Infringement Contentions
The C2DM framework on the accused devices includes a network component layer
enabling software developers to create network navigation components that receive
C2DM messages.
• For example, on information and belief, the C2DM framework includes the
com.google.android.c2dm package. Id.
Furthermore, the C2DM framework includes application programming interfaces. See
Exh. D-9 [Android Developer Site-“Android Cloud to Device Messaging”].
• For example, it includes a library of classes, such as C2DMessaging, that enable
applications to interoperate with the C2DM service. See Exh. D-10 [Google
Code at “Google Projects for Android: C2DM”].

means for constructing a network
navigation component that represents
different resources available on the
computer network, wherein the network
component layer is integrally coupled to
the software component architecture layer
to ensure communication among the
computing and network navigation
components.

The RE ’486 Accused Products include means for constructing network navigation
components that represent different resources available on the computer network.
• For example, Android includes a URLConnection class that constructs a first
network navigation object. Object instantiations of that class represent different
network resources available on the computer network. See Exh. D-6 [Android
Developer Site-“java.net.URLConnection”].
Moreover, the network component layer and the software component architecture layer
in the RE ’486 Accused Products are integrally coupled integrally coupled to ensure
communication there between.
• For example, components within the software component architecture take
advantage of the network-directed services provided by network components,
thus ensuring that the network component layer and the software component
architecture layer are integrally coupled. See Exh. D-4 [Android Developer
Site-“Application Fundamentals”].
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”), which includes the application programming
interface with a first class to construct a first network navigation object that represents
different network resources available on the computer network.
• For example, the C2DM application programming interface includes the
10

U. S. Patent No. RE 39,486

Infringement Contentions
C2DMessaging class, which provides methods to construct objects that
represent different network resources available on the computer network. Exh.
D-10 [Google Code at “Google Projects for Android: C2DM”].
• For example, the C2DMessaging.register method allows an application such as
Google Chrome to Phone to register for the C2DM service. Exh. D-10 [Google
Code at “Google Projects for Android: C2DM”].
Moreover, the network component layer and the software component architecture layer
for the C2DM are coupled in integrating relation to facilitate communication between the
computing and network navigation components.
• For example, software components such as the C2DM Main activity make calls
to the C2DMessaging class in order to accomplish such tasks as registering to
receive C2DM messages. See Exh. D-10 [Google Code at “Google Projects
for Android: C2DM”].

7. The computing arrangement of claim 6
wherein the network component layer and
software component architecture layer
comprise means for embedding
components within one another to form a
compound document having mixed data
types and formats.

The RE ’486 Accused Products include the computing arrangement of claim 6 wherein
the network component layer and software component architecture layer comprise means
for embedding components within one another to form a compound document having
mixed data types and formats.
• For example, the Java classes in the network component layer comprise means
for embedding components within one another to form a compound document
having mixed data types and formats. See Exh. D-4 [Android Developer Site“Application Fundamentals”].
• For example, Android includes a URLConnection class that constructs a first
network navigation object. Object instantiations of that class represent different
network resources available on the computer network. See Exh. D-6 [Android
Developer Site-“java.net.URLConnection”].

8. The computing arrangement of claim 6
wherein the application programming
interfaces comprise means for
constructing a network navigation

The RE ’486 Accused Products include the computing arrangement of claim 6 wherein
the application programming interfaces comprise means for constructing a network
navigation component that implements a protocol.
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component that implements a protocol.

Infringement Contentions
• For example, the HttpURLConnection class is a means for constructing network
navigation components that implement a protocol. See Exh. D-7 [Android
Developer Site-“java.net.HttpURLConnection”].
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which is used to construct a C2DMReceiver component, which
implements the Cloud to Device messaging protocol. See Exh. D-10 [Google Code at
“Google Projects for Android: C2DM”].

9. The computing arrangement of claim 6
wherein the application programming
interfaces comprise means for
constructing a network navigation
component that provides additional
functionality to existing computing
components to enable communication
among the components.

The RE ’486 Accused Products include the computing arrangement of claim 6 wherein
the application programming interfaces comprise means for constructing a network
navigation component that provides additional functionality to existing computing
components to enable communication among the components.
• For example, the URLConnection class is a means for constructing a network
navigation component that provides additional functionality to existing
computing components to enable communication among the components. in the
network component layer constructs a first network navigation object that
represents different network resources available on the network. See Exh. D-6
[Android Developer Site-“java.net.URLConnection”].
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which is used to construct a C2DMReceiver component, and, on
information and belief, can provide additional functionality to existing computing
components to enable communication among the components

10. The computing arrangement of claim
9 wherein the computing component
comprises a computing part having a
viewing editor and data content.

The RE ’486 Accused Products include the computing arrangement of claim 9 wherein
the computing component comprises a computing part having a viewing editor and data
content.
• For example, the Android operating system itself has a viewing editor and data
content that work in conjunction with the network components. See Exh. D-3
[Android Developer Site-“What is Android?”].
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which is used to construct a C2DMReceiver component, which, on
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Infringement Contentions
information and belief, comprises a computing part having a viewing editor and data
content. See Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].

11. The computing arrangement of claim
10 wherein the computing component
functions to one of transfer files over the
networks, remotely log onto another
computer coupled to the networks and
view images on a screen of the computing
arrangement.

The RE ’486 Accused Products include the computing arrangement of claim 10 wherein
the computing component functions to one of transfer files over the networks, remotely
log onto another computer coupled to the networks and view images on a screen of the
computing arrangement.

12. The computing arrangement of claim
10 wherein the network navigation
component comprises a browsing
component.

The RE ’486 Accused Products include the computing arrangement of claim 10 wherein
the network navigation component comprises a browsing component.

• For example, the HttpURLConnection class transfers data over the network.
See, e.g., Exh. D-7 [Android Developer Site-“java.net.HttpURLConnection”].

• For example, the network navigation component can be a web browser. See
Exh. D-3 [Android Developer Site-“What is Android?”].
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which is a browsing component.

14. An extensible and replaceable layered
component computing arrangement
residing on a computer adapted to be
coupled on a computer network, the
layered arrangement comprising:

The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement residing on a computer that is adapted to be coupled to a
computer network.
The RE ’486 Accused Products are computers.
• For example, the Motorola Droid X includes a Texas Instruments OMAP36301000 1GHz processor See Exh. D-1 [Droid X by Motorola MotoDev Specs] and
is capable of executing numerous computer programs such as email programs,
web browsers, and instant messaging applications. See Exh. D-2 [Droid X by
Motorola Tech Specs]. Accordingly, the Droid X is a computer.
Moreover, the RE ’486 Accused Products are adapted to be coupled to a computer
network. Id.
The RE ’486 Accused Products include an extensible and replaceable layered component
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Infringement Contentions
computing arrangement. See Exh. D-4 [Android Developer Site-“Application
Fundamentals”].
• For example, Android’s application framework enables “reuse and replacement
of components.” See Exh. D-3 [Android Developer Site-“What is Android?”].
A central feature of Android is that one application can make use of elements of
other applications (provided those applications permit it). For this to work, the
system must be able to start an application process when any part of it is needed,
and instantiate the Java objects for that part. Therefore, unlike applications on
most other systems, Android applications don’t have a single entry point for
everything in the application (no main () function, for example). Rather, they
have essential components that the system can instantiate and run as needed.
Exh. D-4 [Android Developer Site-“Application Fundamentals”].
The extensible and replaceable software architecture provided by Android is a layered
architecture. See Exh. D-3 [Android Developer Site-“What is Android?”].
• For instance, The Android is composed of multiple layers, such as layers that
include applications, application frameworks, core libraries, and the underlying
Linux kernel:

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Infringement Contentions

Exh. D-3 [Android Developer Site at “What is Android?”]
a software component architecture layer
The RE ’486 Accused Products include a software component architecture layer
interfacing with an operating system to
interfacing with an operating system to control the operations of the computer, and
control the operations of the computer, the defining a plurality of components.
software component architecture layer
• For example, Android includes low level code that implements the basic Java
defining a plurality of computing
class structure This layer, which is implemented by the Dalvik Virtual Machine,
components;
interfaces with the operating system to control the operations of the computer.
See Exh. D-3 [Android Developer Site at “What is Android?”].
a network component layer adapted to be The RE ’486 Accused Products include a network component layer for developing
coupled to at least one network navigation network navigation components that provide services directed at a computer network,
component that provides a service
which layer includes application programming interfaces.
directed at the computer network, the
• For example, Android includes Java classes designed to access services directed
network component layer including an
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U. S. Patent No. RE 39,486
application programming interface; and

Infringement Contentions
to the computer network, such as the URLStreamHandler and URLConnection
classes, along with the HttpURLConnection and JarURLConnection classes,
which are subclasses of the URLConnection class. See, e.g., Exh. D-5
[Android Developer Site-“java.net.URLStreamHandler”], Exh. D-6 [Android
Developer Site-“java.net.URLConnection”], Exh. D-7 [Android Developer Site“java.net.HttpURLConnection”], and Exh. D-8 [Android Developer Site“java.net.JarURLConnection”]. The combination of these classes defines the
network component layer. The methods for implementing those classes are in
the form of application programming interfaces, See Exh. D-4 [Android
Developer Site-“Application Fundamentals”].
The network component layer in Android is designed to be used in developing network
navigation components, such as web browsers, email viewers, and similar applications,
which provide services directed to the network. See Exh. D-3 [Android Developer Site“What is Android?”].
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”). See Exh. D-9 [Android Developer Site“Android Cloud to Device Messaging”]. “[C2DM] is a service that helps developers
send data from servers to their applications on Android devices. The service provides a
simple, lightweight mechanism that servers can use to tell mobile applications to contact
the server directly, to fetch updated application or user data. The C2DM service handles
all aspects of queueing of messages and delivery to the target application running on the
target device.” Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].
The C2DM framework on the accused devices includes a network component layer
enabling software developers to create network navigation components that receive
C2DM messages.
• For example, on information and belief, the C2DM framework includes the
com.google.android.c2dm package. Id.
Furthermore, the C2DM framework includes application programming interfaces. See
Exh. D-9 [Android Developer Site-“Android Cloud to Device Messaging”].
• For example, it includes a library of classes, such as C2DMessaging, that enable
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Infringement Contentions
applications to interoperate with the C2DM service. See Exh. D-10 [Google
Code at “Google Projects for Android: C2DM”].

a number of interconnected abstract
classes included in the application
programming interface, at least on
abstract class for defining a network
navigation object that represents a
resource available on the computer
network, the component layer coupled to
the software component architecture layer
to facilitate communication among the
network navigation component and at
least one computing component.

The RE ’486 Accused Products include a number of interconnected abstract classes
included in its application programming interface for defining a network navigation
object that represents different network resources available on the computer network.
• For example, Android includes classes such as the URLStreamHandler and
URLConnection classes, along with the HttpURLConnection and
JarURLConnection classes, which are subclasses of the URLConnection class.
See, e.g., Exh. D-5 [Android Developer Site-“java.net.URLStreamHandler”],
Exh. D-6 [Android Developer Site-“java.net.URLConnection”], Exh. D-7
[Android Developer Site-“java.net.HttpURLConnection”], and Exh. D-8
[Android Developer Site-“java.net.JarURLConnection”]. Instantiations of
these classes define network navigation objects that represent different network
resources. Furthermore, classes such as those listed above comprise a number
of interconnected abstract base classes. Each of the classes listed above is
declared as an abstract class within Android. Id.
Moreover, on the RE ’486 Accused Products, the network component layer and the
software component architecture layer are coupled facilitate communication among the
network navigation components and at least one computing component.
• For example, components within the software component architecture take
advantage of the network-directed services provided by network components,
thus coupling the software component architecture layer and the network
component layer. See Exh. D-4 [Android Developer Site-“Application
Fundamentals”].
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”), which includes the application programming
interface with a first class to construct a first network navigation object that represents
different network resources available on the computer network.
• For example, the C2DM application programming interface includes the
C2DMessaging class, which provides methods to construct objects that
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Infringement Contentions
represent different network resources available on the computer network. Exh.
D-10 [Google Code at “Google Projects for Android: C2DM”].
• For example, the C2DMessaging.register method allows an application such as
Google Chrome to Phone to register for the C2DM service. Exh. D-10 [Google
Code at “Google Projects for Android: C2DM”].
Moreover, the network component layer and the software component architecture layer
for the C2DM are coupled in integrating relation to facilitate communication between the
computing and network navigation components.
• For example, software components such as the C2DM Main activity make calls
to the C2DMessaging class in order to accomplish such tasks as registering to
receive C2DM messages. Exh. D-10 [Google Code at “Google Projects for
Android: C2DM”].

15. The layered arrangement of claim 14,
wherein the abstract class defines a
network navigation object that represents
a method of downloading information
from a remote location on the computer
network.

The RE ’486 Accused Products include the layered arrangement of claim 14, wherein the
abstract class defines a network navigation object that represents a method of
downloading information from a remote location on the computer network.
• For example, Android includes classes such as the HttpURLConnection and
JarURLConnection classes. See, e.g., Exh. D-7 [Android Developer Site“java.net.HttpURLConnection”] and Exh. D-8 [Android Developer Site“java.net.JarURLConnection”]. Instantiations of these classes define network
navigation objects that download information from a remote location on the
computer network.
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which downloads information from a remote location on the
computer network. See Exh. D-10 [Google Code at “Google Projects for Android:
C2DM”].

16. The layered arrangement of claim 14,
wherein the abstract class defines a
network navigation object that represents
additional behaviors provided to the

The RE ’486 Accused Products include the layered arrangement of claim 14, wherein the
abstract class defines a network navigation object that represents additional behaviors
provided to the computing components of the software component architecture layer for
integrating with the network component layer.
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computing components of the software
component architecture layer for
integrating with the network component
layer.

Infringement Contentions
• For example, Android includes the HttpURLConnection and JarURLConnection
classes, See, e.g., Exh. D-7 [Android Developer Site“java.net.HttpURLConnection”] and Exh. D-8 [Android Developer Site“java.net.JarURLConnection”]. Instantiations of these classes define network
navigation objects that can be used to provide additional functionality to
existing computing components to enable communication among the
components.
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which, on information and belief, can be used to provide additional
functionality to existing computing components to enable communication among the
components. See Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].

17. The layered arrangement of claim 14,
wherein the network navigation object is
adapted to browse the computer network.

The RE ’486 Accused Products include the layered arrangement of claim 14, wherein the
network navigation object is adapted to browse the computer network.
• For example, the RE ’486 Accused Products include the HttpURLConnection
and JarURLConnection classes. See, e.g., Exh. D-7 [Android Developer Site“java.net.HttpURLConnection”] and Exh. D-8 [Android Developer Site“java.net.JarURLConnection”]. Instantiations of these classes define network
navigation objects that include browsing components adapted to browse the
computer network.
In addition, the com.google.android.c2dm package includes the class
C2DMBaseReceiver, which, on information and belief, is adapted to browse the
computer network. See Exh. D-10 [Google Code at “Google Projects for Android:
C2DM”]

20. The layered arrangement of claim 14,
wherein the network navigation object
includes software commands for creating
a datastream for transferring information
between objects in the layered component
computing arrangement.

The RE ’486 Accused Products include the layered arrangement of claim 14, wherein the
network navigation object includes software commands for creating a datastream for
transferring information between objects in the layered component computing
arrangement.
• For example, instantiations of the HttpURLConnection class define network
navigation objects that includes information about the protocol for creating a
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Infringement Contentions
datastream for transferring information to components. See Exh. D-7 [Android
Developer Site-“java.net.HttpURLConnection”].

20