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 26

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
APPLE INC. and NeXT SOFTWARE,
INC. (f/k/a NeXT COMPUTER, INC.),

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

Case No. 10-cv-662-bbc

DEFENDANTS MOTOROLA SOLUTIONS, INC. (f/k/a MOTOROLA, INC.) AND
MOTOROLA MOBILITY, INC.’S DISCLOSURE OF PRELIMINARY PROPOSED
CLAIM CONSTRUCTIONS
Pursuant to the Court's Preliminary Pretrial Conference Order and agreements between
the parties, Defendants Motorola Solutions, Inc. (f/k/a Motorola, Inc.) and Motorola Mobility,
Inc. (collectively, "Motorola") provide the following preliminary proposed claim constructions
for the terms and phrases identifed by the parties on May 31, 2011.
Motorola reserves the right to amend or supplement its preliminary proposed claim
constructions based on, inter alia, plaintiff's proposed claim constructions and other discovery
yet to be completed. Motorola's preliminary proposed claim constructions are based on
information currently available to it. Discovery is ongoing and Motorola reserves its right to
amend its constructions pursuant to the Federal Rules of Civil Procedure and the Western
District of Wisconsin Civil Local Rules.

1

APPLE
PATENT
RE 39,486 and
5,929,852
6,424,354

TERM/PHRASE

PROPOSED CONSTRUCTION

"software component
architecture"
"connection information"

6,343,263

"device handler"

6,343,263
6,275,983

"realtime services"
"during runtime"

5,969,705

"events for controlling said
user interface display"

5,946,647

"analyzer server"

5,946,647

"linking actions to the detected
structures"

5,915,131

"activation models"

5,566,337

"storing means for storing a
specific set of events of which
said at least one event
consumer is to be informed"

"an architecture that provides a modular
document-based computing arrangement"
"data stored in a connection object which
identifies a particular source object of
interest to a particular receiver object, an
event type, and a method of the receiver
object to be invoked when the source object
generates an event matching the event type"
"software associated with an interface
device that sets up data flow paths and also
presents data and commands to a realtime
signal processing subsystem"
"constant bit rate data handling in realtime"
"during the execution of the object-oriented
application"
"events that direct the foreground process to
change the user interface display in a
specified way"
"a server routine separate from a client that
receives data having structures from the
client"
"creating a specified connection between a
detected structure and at least one specific
computer subroutine which performs
operations on the structure"
term is indefinite;
alternate construction: "code which defines
how the family is implemented and the
environment within which plug-ins of the
family execute"
Corresponding Function:
storing a specific set of events of which at
least one event consumer is to be informed
Corresponding Structure:
Combination, as described in Col. 6:59-65,
of:
(1) sequential consumer database as shown
in Fig. 2 as element 350 and Fig. 5b as
element, and as described in Col. 7:65-8:5
and 8:36-55;
(2) subscription matrix as shown in Figs. 2

2

APPLE
PATENT

5,566,337

TERM/PHRASE

PROPOSED CONSTRUCTION

"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"

and 4 as element 330, in Fig. 5a as element
3300, and as described in Col. 7:61-65 and
8:6-35;
(3) event queues as shown in Figs. 2 and 4
as element 320, and as described in Col.
6:59-65 and 7:26-60; and
(4) event kind headers as shown in Figs. 2
and 4 as element 331 and as described in
Col. 8:61-9:4.
Corresponding Function:
receiving the event from the event manager
control means
Corresponding Structure:
Combination of:
(1) Distributor(s) as shown in Fig. 2 as
element 340, programmed to perform steps
624-625 in Fig. 9C, and as described in Col.
9:5-7, 9:13-34, 15:60-16:31, 18:11-19 and
8:17-19; and
(2) APIs as described in Col. 10:16-27 and
16:21-44.
Corresponding Function: Directing the
event manager control means to distribute
an appropriate event to an appropriate event
consumer

5,519,867

"means for storing said
executable program logic in an
object-oriented class library"

Corresponding Structure:
Combination of:
(1) Distributor(s) as shown in Fig. 2 as
element 340, programmed to perform steps
6240-6254 in Fig. 9D, and as described in
Col. 9:5-7, 9:13-34, 12:55-13:18, 15:6017:4, 20:36-43, and 18:23-19:47; and
(2) APIs as described in Cols. 10:16-27 and
18:23-19:47.
Corresponding Function:
storing said executable program logic in an
object oriented class library
Corresponding Structure:
Indefinite, there is no structure disclosed in
the patent to support the corresponding
function.

3

APPLE
PATENT
5,481,721

TERM/PHRASE

PROPOSED CONSTRUCTION

"dynamic binding"

5,481,721

"operating system based
message"

5,455,599

"modeling layer object"

5,455,599

"binding messages to actual methods to be
invoked when the message must be sent,
depending on the class of the receiver,
allowing objects of any class that
implements the message to be substituted
for the target object at run time"
"a system-dependent non-standardized
message encoded as a stream of bytes
transmitted via an operating system"
"a graphic object in the modeling layer that
encapsulates both geometry and appearance"
Corresponding Function: capturing state
information and rendering information at the
grafport object.

"means for capturing state
information and rendering
information at the grafport
object"

7,479,949
6,493,002

Corresponding Structure: Indefinite, there
is no structure disclosed in the patent to
support the corresponding function.
"algorithm"
"an individual program added to the control
strip that provides a specific status or
control function"

"heuristic"
programming module"

4

MOTOROLA
PATENT
6,175,559

"preamble sequence"

6,175,559

"outer code"

5,490,230

"a frame of information"

5,490,230

"long term energy value for
[the/a] frame of information"
"receiving"

5,490,230
5,490,230

5,319,712

TERM/PHRASE

PROPOSED CONSTRUCTION

"extracting from [the recovered
signal/the speech coded
information] at least one
parameter"
"transmit overflow sequence
number"

5,319,712

"network layer"

5,572,193

"transmitting . . . from the
subscriber unit to the
communication system"

5

"a signal preceding the transmission of a
message that is the product of an inner code
and an outer code"
"a pseudorandom sequence formed at a
mobile station"
plain meaning;
alternate construction: "a block of data"
"a value representative of the energy in a
block of data"
plain meaning;
alternate construction: "obtaining"
plain meaning;
alternate construction: "processing
performed on the recovered signal to obtain a
parameter"
"a multi-bit incrementing number that
updates within the transmitter when the
packet sequence number rolls over"
plain meaning;
alternate construction: "the third layer in the
Open Systems Interconnection (OSI) model"
plain meaning;
alternate construction: "sending [the
authentication message and the at least part
of the plurality of information bits] from the
subscriber unit to the communication
system"

Respectfully submitted,

Dated: June 3, 2011

MOTOROLA SOLUTIONS, INC. &
MOTOROLA MOBILITY, INC.
By:

/s/ Richard W. Erwine

Edward J. DeFranco
Richard W. Erwine
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Charles K. Verhoeven
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

Scott W. Hansen (1017206)
Lynn Stathas (1003695)
Rebecca Frihart Kennedy (1047201)
REINHART BOERNER VAN DEUREN, S.C.
22 East Mifflin Street
P.O. Box 2018
Madison, WI 53701-2018
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

David A. Nelson
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
500 West Madison St., Ste. 2450
Chicago, IL 60661
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
Motorola Solutions, Inc. &
Motorola Mobility, Inc.

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