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 27

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

Haskett, Christine [[e-mail]]
Monday, June 06, 2011 12:43 AM
Richard Erwine
Moto-Apple-662-WI; AppleCov; 'Cherensky, Steven'; 'Ho, Jill'; Weiswasser, Elizabeth;
Rosenthal, Danielle; 'Watkins, Robert'
RE: Apple/Motorola: Proposed claim constructions (Wisconsin)
US_ACTIVE_Apple Revised Proposed WDWI Constructions_43727463_1.DOC

Rich,
In light of Motorola's proposed claim constructions, received on Friday, we have some proposed
revisions to a few of our constructions, which we are sending to you now in the attached, in order to
advance the meet and confer process.
We will talk to you at 9am Pacific tomorrow.
Christine
From: Richard Erwine [mailto:[e-mail]]
Sent: Friday, June 03, 2011 5:02 PM
To: Haskett, Christine
Cc: Moto-Apple-662-WI; AppleCov; 'Cherensky, Steven'; 'Ho, Jill'; Weiswasser, Elizabeth; Rosenthal, Danielle; 'Watkins,
Robert'
Subject: RE: Apple/Motorola: Proposed claim constructions (Wisconsin)

Thanks Christine.  If you don’t mind, please circulate a call‐in number for Monday’s call. 

Regards, 
Rich 

Richard W. Erwine
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Direct: [phone]
Main Fax: [phone]
E-mail: [e-mail]
Web: www.quinnemanuel.com
PRIVILEGED & CONFIDENTIAL

From: Haskett, Christine [mailto:[e-mail]]
Sent: Friday, June 03, 2011 7:44 PM
To: Richard Erwine
Cc: Moto-Apple-662-WI; AppleCov; 'Cherensky, Steven'; 'Ho, Jill'; Weiswasser, Elizabeth; Rosenthal, Danielle;
'Watkins, Robert'
Subject: Apple/Motorola: Proposed claim constructions (Wisconsin)

Rich,
1

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

This message is from a law firm and may contain information that is confidential or legally
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system. Thank you for your cooperation.

2

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

Patent No.

Claim Term

Apple’s Revised Proposed Construction

5,566,337

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

First Function: receiving the event from the event
manager control means
Structure: combination of:
(1) distributor(s) as shown in Fig. 2 as element
340, programmed to perform step 624 in Fig.
9C. 4:16-19; 9:5-7.
(2) an API which allows filtering each consumer
who has subscribed to that kind of event. 10:1626; 19:25-47.
Second Function: directing the event manager
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. 4:16-19; 9:5-7; 10:1-8.
(2) an API which allows filtering each consumer
who has subscribed to that kind of event. 10:1626; 19:25-47.

5,519,867

means for storing said
executable program
logic in an objectoriented class library

Function: storing said executable program logic in
an object-oriented class library

5,481,721

operating system based
message

a command or instruction specific to the control
software for a computer system

5,455,599

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

Function: capturing state information and
rendering information at the grafport object

Structure: RAM 108 or data storage device 120 or
data storage medium 122. 5:29-32; 6:41-44.

Structure: graphic port in conjunction with the

polymorphic cache. Fig. 1B, col. 2:63-5; col. 9:
56-59.

2