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

Filing 240

Exhibit to 236 Declaration,,,, filed by Motorola, Inc., Motorola Mobility, Inc. (Attachments: # 1 Exhibit 15 - Excerpt from April 25, 2011 ITC Hearing, Inv. No. 337-TA-710, # 2 Exhibit 17 - Patent No. 5,519,867, # 3 Exhibit 18 - Patent No. 6,275,983, # 4 Exhibit 20 - Prosecution History for Patent No. 5,519,867, # 5 Exhibit 21 - Patent No. 5,566,337, # 6 Exhibit 23 - Apple's Infringment Contentions regarding Patent No. 5,566,337, # 7 Exhibit 25 - Email, dated June 3, 2011, # 8 Exhibit 26 - Motorola's Preliminary Proposed Claim Constructions, # 9 Exhibit 27 - Email, dated June 6, 2011, # 10 Exhibit 28 - Disregard; wrong document filed, see entry 255 for replaced version # 11 Exhibit 30 - Anatomy and Physiology of an Android) (Burrows, James) Modified on 11/8/2011 (llj). Modified Exhibit #28 with replaced version entry on 11/9/2011 (mmo).

Exhibit 25

From:
Sent:
To:
Cc:
Subject:
Attachments:

Haskett, Christine [[e-mail]]
Friday, June 03, 2011 7:44 PM
Richard Erwine
Moto-Apple-662-WI; AppleCov; 'Cherensky, Steven'; 'Ho, Jill'; Weiswasser, Elizabeth;
Rosenthal, Danielle; 'Watkins, Robert'
Apple/Motorola: Proposed claim constructions (Wisconsin)
Apple Proposed WDWI Constructions - 6.3.11.DOC

Rich,
Per the parties' agreement, please find attached Apple's proposed constructions for the 27 claim
terms selected by the parties earlier this week. As discussed, we will meet and confer at 9am Pacific
on Monday morning to see if there are constructions we can agree on, or to find out if there is a way
to adjust proposed constructions to bring us in line with each other or further focus the disputes. We
will then finalize the list of 10 Apple patent terms and 6 Motorola patent terms for briefing, by noon
Pacific on Monday.
Please let me know if you will set up a call-in number for the Monday call, or if you would like us to do
so. Thanks.
Christine
Christine Saunders Haskett | COVINGTON & BURLING LLP
One Front Street, San Francisco, CA 94111
Tel: [phone] | Fax: [phone]
[e-mail] | www.cov.com

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1

Apple v. Motorola
Proposed Constructions for WDWI Patents
Apple, Inc. v. Motorola Inc., et al., Case No. 3:10-CV-00662-bbc (W.D. WI)

RE 39,486 & 5,929,852
Claim Term
software component
architecture

Apple’s Proposed Construction
arrangement of software components

6,424,354
Claim Term
connection
information

Apple’s Proposed Construction
a representation of the [first/receiver] object’s interest in, and
an associated object method for, receiving notification of a
change to a [second/source] object

6,343,263
Claim Term
device handler

Apple’s Proposed Construction
software associated with an interface device that sets up data
flow paths, and also presents data and commands from the
data managers to a real-time data processing engine

realtime services

data handling in realtime

6,275,983
Claim Term
during runtime

Apple’s Proposed Construction
while running or executing

5,969,705
Claim Term
events for
controlling said user
interface display

Apple’s Proposed Construction
information regarding the status of the operations performed
by the background process for the foreground process that is
used to control the user interface display

6,946,647
Claim Term
analyzer server

Apple’s Proposed Construction
a program routine(s) that receives data, uses patterns to detect
structures in the data, and links actions to the detected
structure

linking actions to the
detected structures

linking detected structures to computer subroutines that cause
the CPU to perform a sequence of operations on the particular
structures to which they are linked

5,915,131
Claim Term
activation models

Apple’s Proposed Construction
code that defines the runtime environment for a family of
Input/Output services and its plug-ins

2

5,566,337
Claim Term
storing means for
storing a specific set
of events of which
said at least one
event consumer is to
be informed

Apple’s Proposed Construction
Function: Storing a specific set of events of which said at least
one event consumer is to be informed.
Structure:
Combination of:
(1) subscription matrix as shown in Figs. 2 and 4 as element
330, and as described in the ‘337 patent specification col.
7:61-65 and 8:6-35;
(2) event queues as shown in Figs. 2 and 4 as element 320,
and as described in the ‘337 patent specification col. 6:59-65
and 7:26-60; and
(3) event kind headers as shown in Figs. 2 and 4 as element
331, and as described in the ‘337 patent specification, col.
8:61-9:4.
OR:
(1), (2) and (3) above, and (4) a sequential consumer database
as shown in Fig. 2 as element 350 and Fig. 5b, and as
described in the ‘337 patent specification col. 7:65-8:5 and
8:36-55.

distributor means for
receiving the event
from the control
means and directing
said control means to
distribute an
appropriate event to
an appropriate event
consumer

Function: receiving the event from the control means and
directing said control means to distribute an appropriate event
to an appropriate event consumer.
Structure: Combination of:
(1) distributor(s) as shown in Fig. 2 as element 340,
programmed to perform step 624 in Fig. 9C and
corresponding description at col. 9:7-19
(2) an API which allows filtering each consumer who has
subscribed to that kind of event. See, e.g., col. 19:25-19:47.

3

5,519,867
Claim Term
means for storing
said executable
program logic in an
object-oriented class
library

Apple’s Proposed Construction
Function: storing said executable program logic in an objectoriented class library
Structure: An object-oriented class library that can be
modified independently of the application programs. See,
e.g., Fig. 4; 7:2-6; 9:40-42.

5,481,721
Claim Term
dynamic binding

Apple’s Proposed Construction
binding messages to the actual methods to be invoked during
runtime

operating system
based message

Plain and ordinary meaning

5,455,599
Claim Term
modeling layer
object

Apple’s Proposed Construction
a graphic object in the modeling layer that encapsulates both
geometry and appearance

means for capturing Function: capturing state information and rendering
state information and information at the grafport object
rendering
Structure: polymorphic cache. See, e.g., 9:56-58
information at the
grafport object

4

7,479,949
Claim Term
heuristic

Apple’s Proposed Construction
one or more rules to be applied to data to assist in drawing
inferences from that data

6,493,002
Claim Term
programming
module

Apple’s Proposed Construction
code that performs a function

6,175,559
Claim Term
preamble sequence

Apple’s Proposed Construction
a signal that is sent by the transmitter prior to the transmission
of the information-bearing signal

outer code

a code that consists of multiple repetitions of a sequence of
chips, and that is common for all handset transmitters

5,490,230
Claim Term
a frame of
information

Apple’s Proposed Construction
a time period of speech data, having no overlapping
subframes with respect to the next time period of speech data

long term energy
value for [the/a]
frame of information
receiving
extracting from [the
recovered signal/the
speech coded
information] at least
one parameter

the total energy for the current frame of speech

obtaining via transmission
taking a transmitted value out of the [speech signal/speech
coded information]

5

5,319,712
Claim Term
transmit overflow
sequence number
network layer

Apple’s Proposed Construction
a number that is updated within the transmitter when the
packet sequence number rolls over, but is not communicated
to the receiver
a network layer of the Open Systems Interconnection (“OSI”)
model

5,572,193
Claim Term
Apple’s Proposed Construction
transmitting . . . from transmitting from a mobile or portable unit over a cellular
the subscriber unit to radio telephone system
the communication
system

6