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

Filing 92

Declaration of Christine Saunders Haskett filed by Plaintiffs Apple, Inc., NEXT SOFTWARE, INC. re: 90 Motion Requesting Claims Construction (Attachments: # 1 Ex. 1 Moto Infring. Cont. Ex. A, # 2 Ex. 2 '157 patent, # 3 Ex. 3 '179 patent, # 4 Ex. 4 '329 patent, # 5 Ex. 5 '230 file history, # 6 Ex. 6 Oxford dictionary definition, # 7 Ex. 7 '559 file history, # 8 Ex. 8 The OSI Model, # 9 Ex. 9 ISO Standard, # 10 Ex. 10 Japanese file history, # 11 Ex. 11 Japanese prosecution appeal, # 12 Ex. 13 Moto Infring. Cont. Ex. E, # 13 Ex. 14 IEEE Standard, # 14 Ex. 15 '333 patent, # 15 Ex. 16 '721 file history, # 16 Ex. 17 '193 file history, # 17 Ex. 18 Moto Infring. Cont. Ex. F, # 18 Ex. 19 Merriam Webster Dictionary, # 19 Ex. 20 Webster's Dictionary) (Haslam, Robert)

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 and
CounterclaimDefendants,
Case No. 10-CV-662 (BBC)

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

DECLARATION OF CHRISTINE SAUNDERS HASKETT IN SUPPORT OF
PLAINTIFFS AND COUNTERCLAIM-DEFENDANTS APPLE INC. AND NEXT
SOFTWARE, INC.’S CLAIM CONSTRUCTION MEMORANDUM

I, Christine Saunders Haskett, hereby declare:
1.

I am a member of the law firm of Covington & Burling LLP, counsel of record

for Apple Inc. (“Apple”) and NeXT Software (“NeXT”) (collectively “Plaintiffs”) in the abovecaptioned matter. The matters referenced in this declaration are based on personal knowledge
and if called as a witness I could, and would, testify competently to these matters.
2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts of Exhibit A to

Motorola’s Preliminary Infringement Contentions, served March 18, 2011.
3.

Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No.

4,817,157.
4.

Attached hereto as Exhibit 3 is a true and correct copy of U.S. Patent No.

4,852,179.
5.

Attached hereto as Exhibit 4 is a true and correct copy of U.S. Patent No.

4,301,329.
6.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 5,490,230.
7.

Attached hereto as Exhibit 6 is a true and correct copy of the definition of

“extract” from the Oxford English Dictionary (2d ed. 1989).
8.

Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 6,175,559.
9.

Attached hereto as Exhibit 8 is a true and correct copy of “The OSI Model,”

available at http://www.washington.edu/lst/help/computing_ fundamentals/networking/osi.

10.

Attached hereto as Exhibit 9 is a true and correct copy of excerpts from the

“International Standard, ISO/IEC 7498-1,” (2nd Ed., 1994), available at http://www.ecmainternational.org/activities/Communications/TG11/ s020269e.pdf.
11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the

certified translation of the prosecution file history of the Japanese counterpart to U.S. Patent No.
5,319,712.
12.

Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the

certified translation of the prosecution appeal of the Japanese counterpart to U.S. Patent No.
5,319,712.
13.

Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the

deposition transcript of Louis Finkelstein, taken on May 4, 2010, in ITC Investigation No. 337TA-706. [Confidential - Filed Under Seal]
14.

Attached hereto as Exhibit 13 is a true and correct copy of excerpts of Exhibit E

to Motorola’s Preliminary Infringement Contentions, served March 18, 2011.
15.

Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the IEEE

Std. 802.11™ 2007, available at http://standards.ieee.org/getieee802/ download/802.112007.pdf.
16.

Attached hereto as Exhibit 15 is a true and correct copy of U.S. Patent No.

4,535,333.
17.

Attached hereto as Exhibit 16 is a true and correct copy of excerpts from the

prosecution file history of patent application number 07/378,721.
18.

Attached hereto as Exhibit 17 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 5,572,193.

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19.

Attached hereto as Exhibit 18 is a true and correct copy of excerpts of Exhibit F to

Motorola’s Preliminary Infringement Contentions, served March 18, 2011.
20.

Attached hereto as Exhibit 19 is a true and correct copy of excerpts from

Merriam-Webster’s Collegiate Dictionary (10th Ed., 1995).
21.

Attached hereto as Exhibit 20 is a true and correct copy of excerpts from

Webster’s New World Dictionary of Computer Terms (5th Ed., 1994).
22.

Attached hereto as Exhibit 21 is a true and correct copy of excerpts from The

IEEE Standard Dictionary of Electrical and Electronic Terms (5th Ed., 1993).
23.

Attached hereto as Exhibit 22 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 6,212,575.
24.

Attached hereto as Exhibit 23 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. RE 39,486.
25.

Attached hereto as Exhibit 24 is a true and correct copy of Order No. 18 from ITC

Investigation No. 337-TA-706.
26.

Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 5,969,705.
27.

Attached hereto as Exhibit 26 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 5,946,647.
28.

Attached hereto as Exhibit 27 is a true and correct copy of excerpts from Brad J.

Cox, Object Oriented Programming: An Evolutionary Approach (1987).
29.

Attached hereto as Exhibit 28 is a true and correct copy of excerpts from

Microsoft Press Computer Dictionary (2d ed. 1994).

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30.

Attached hereto as Exhibit 29 is a true and correct copy of excerpts from the

prosecution file history of U.S. Patent No. 6,493,002.
31.

Attached hereto as Exhibit 30 is a true and correct copy of excerpts from the

Dictionary of Computer Words (1993).
32.

Attached hereto as Exhibit 31 is a true and correct copy of excerpts from the

Computer Dictionary (3rd Ed. 1992).
33.

Attached hereto as Exhibit 32 is a true and correct copy of excerpts from the

Academic Press Dictionary of Science and Technology (1992).
34.

Attached hereto as Exhibit 33 is a true and correct copy of excerpts from the IBM

Dictionary of Computing (1992).
35.

Attached hereto as Exhibit 34 is a true and correct copy of excerpts from Black’s

Law Dictionary (Abridged 6th Ed. 1991).
36.

Attached hereto as Exhibit 35 is a true and correct copy of “About 3GPP”, from

http://3gpp.org/About-3GPP (last visited June 15, 2011).
37.

Attached hereto as Exhibit 36 is a true and correct copy of U.S. Patent No.

7,173,919.
38.

Attached hereto as Exhibit 37 is a true and correct copy of Provisional

Application No. 60/138,713.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct to the best of my knowledge and belief.
Executed on June 17, 2011 at San Francisco, California.

/s/ Christine Saunders Haskett
Christine Saunders Haskett

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