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)

EXHIBIT 1

EXHIBIT A
UNITED STATES PATENT NO. 5,490,230
PRELIMINARY INFRINGEMENT ANALYSIS OF CLAIMS 6-81
Accused Apple Products:2 iPhone; iPhone 3G, iPhone 3GS, iPhone 4 (UMTS), iPad 3G, iPad
2 3G (UMTS)
'230 Patent Claim

Accused Apple Products

6. A method for recovering
information that relates to gain
information for excitation
components of a speech sample,
wherein the speech sample is
digitized to provide a frame of
information comprising at least
one subframe, the method
comprising the steps of:

Upon information and belief, the iPhone 43 performs each and
every step of this claim in the course of normal use.
Additionally, a user of an iPhone 4 performs each and every
step of this claim in the course of such use. Furthermore,
Apple has performed each and every step of this claim, has
actively induced users to perform such steps, and has
contributed to such use by selling the iPhone 4 and providing
directions for their use.
The iPhone 4 is stated to be compliant with the Universal
Mobile Telecommunications System ("UMTS") Wideband
Code Division Multiple Access ("WCDMA") U.S. frequency
bands. See iPhone 4 Technical Specifications, available at
http://www.apple.com/iphone/specs.html. Upon information
and belief, the iPhone 4 supports Adaptive Multi-Rate
("AMR") speech coding.
Accordingly, upon information and belief, the iPhone 4
complies with the relevant 3rd Generation Partnership Project
("3GPP") Technical Specifications governing the operation of
UMTS-WCDMA and AMR compliant devices, including
3GPP Technical Specification 25.090 V6.0.0 (2004-12)
"Mandatory Speech Codec speech processing functions;
Adaptive Multi-Rate (AMR) speech codec; Transcoding
functions" (hereinafter "T.S. 26.090 at p. __, § __"), similar
versions or releases of T.S. 26.090 incorporating the
references set forth below, or versions or releases of 3GPP
Technical Specifications incorporated by reference in T.S.

1

Motorola Mobility's investigation is ongoing and discovery and claim construction are not yet complete. Mobility
reserves the right to supplement or amend these contentions with contentions arising under the doctrine of
equivalents in response to any proposed or ordered claim construction, subsequent discovery response or production,
or subsequent disclosure made pursuant to FRCP 26.

2

This list of Accused Apple Products was created based on publicly available information. Mobility's reserves the
right to supplement and/or update this list of Accused Apple Products as appropriate.
3

This chart provides Mobility's preliminary infringement analysis based upon the iPhone 4's stated compliance
with representative standards referenced herein. Upon information and belief, the analysis set forth in this chart
applies equally to each of the identified Accused Apple Products that comply with those standards.

1

EXHIBIT A
26.090.

A) receiving at least one
parameter comprising a long
term energy value for the frame
of information;

If the preamble of this claim is construed to be limiting, then
it imposes no more than the following limitation: a method for
recovering information that relates to gain information for
excitation components of a speech sample. In compliance
with the relevant WCDMA standards, the iPhone 4 recovers
information that relates to gain information for excitation
components of a speech sample. See T.S. 26.090 at p. 6, §1
"Scope" ("This Telecommunication Standard (TS) describes
the detailed mapping from input blocks of 160 speech samples
in 13-bit uniform PCM format to encoded blocks of [x] bits
and from encoded blocks of [x] bits to output blocks of 160
reconstructed speech samples. ); id. at p. 40, §6 ("The
function of the decoder consists of decoding the transmitted
parameters (LP parameters, adaptive codebook vector,
adaptive codebook gain, fixed codebook vector, fixed
codebook gain) and performing synthesis to obtain the
reconstructed speech. The reconstructed speech is then
post-filtered and upscaled. The signal flow at the decoder is
shown in figure 4.").
Upon information and belief, the iPhone 4 receives at least
one parameter comprising a long term energy value for the
frame of information in accordance with T.S. 26.090.
Specifically, the iPhone 4 has an RF antenna, RF front end
module, and transceiver hardware and software for receiving
and demodulating a radio signal that includes speech coded
information in compliance with the relevant WCDMA
standards, including T.S. 26.090. See iPhone 4 Technical
Specifications (stating the iPhone 4 supports U.S. WCDMA
frequency bands); see also iPhone 4 Teardown from
www.tgdaily.com (stating iPhone 4 contains a front end
module and a transceiver); see also T.S. 26.090 at p. 40, §6
(cited above).
For a given frame of information, the iPhone 4 extracts a long
term energy value, Ẽ(n), using the following equation:
~
E (n) =

4

ˆ
∑ b R( n − i )
i

i =1

B) receiving excitation
component definition
information for at least one

See T.S. 26.090 at p. 41, § 6.1, Equation No. 66.
Upon information and belief, the iPhone 4 receives excitation
component definition information for at least one excitation
component in accordance with T.S. 26.090. Specifically, to
2

EXHIBIT A

A) receiving a radio signal;

B) demodulating the radio
signal to provide a recovered
signal;

C) extracting from the
recovered signal at least one
parameter comprising a long
term energy value for the frame
of information;

If the preamble of this claim is construed to be limiting, then
it imposes no more than the following limitation: a method for
recovering information that relates to gain information for
excitation components of a speech sample. In compliance
with the relevant WCDMA standards, the iPhone 4 recovers
information that relates to gain information for excitation
components of a speech sample. See T.S. 26.090 at p. 6, §1
"Scope" ("This Telecommunication Standard (TS) describes
the detailed mapping from input blocks of 160 speech samples
in 13-bit uniform PCM format to encoded blocks of [x] bits
and from encoded blocks of [x] bits to output blocks of 160
reconstructed speech samples. ); id. at p. 40, §6 ("The
function of the decoder consists of decoding the transmitted
parameters (LP parameters, adaptive codebook vector,
adaptive codebook gain, fixed codebook vector, fixed
codebook gain) and performing synthesis to obtain the
reconstructed speech. The reconstructed speech is then
post-filtered and upscaled. The signal flow at the decoder is
shown in figure 4.").
The iPhone 4 receives radio signals. Specifically, the iPhone 4
has an RF antenna, RF front end module, and transceiver
hardware and software for receiving a radio signal that
includes speech coded information in compliance with the
relevant WCDMA standards, including T.S. 26.090. See
iPhone 4 Technical Specifications (stating the iPhone 4
supports U.S. WCDMA frequency bands); see also iPhone 4
Teardown from www.tgdaily.com (stating iPhone 4 contains a
front end module and a transceiver); see also T.S. 26.090 at p.
40, §6 (cited above).
Upon information and belief, the iPhone 4 demodulates the
radio signal to provide a recovered signal. As set forth above,
the iPhone 4 has an RF antenna, RF front end module, and
transceiver hardware and software for receiving a radio signal
that includes speech coded information in compliance with the
relevant WCDMA standards, including T.S. 26.090. See
iPhone 4 Technical Specifications (stating the iPhone 4
supports U.S. WCDMA frequency bands); see also iPhone 4
Teardown from www.tgdaily.com (stating iPhone 4 contains a
front end module and a transceiver); see also T.S. 26.090 at p.
40, §6 (cited above).
Upon information and belief, the iPhone 4 extracts at least one
parameter comprising a long term energy value in accordance
with T.S. 26.090. Specifically, for a given frame of
information, the iPhone 4 extracts a long term energy value,
Ẽ(n), using the following equation:
5

EXHIBIT A

~
E (n) =

4

ˆ
∑ b R( n − i )
i

i =1

D) extracting from the
recovered signal excitation
component definition
information for at least one
excitation component;

E) processing the excitation
component definition
information to provide a precomponent, which precomponent has an energy value;

See T.S. 26.090 at p. 41, § 6.1, Equation No. 66.
Upon information and belief, the iPhone 4 extracts excitation
component definition information for at least one excitation
component in accordance with T.S. 26.090. Specifically, to
obtain the algebraic codevector ("one excitation component"),
the iPhone 4 uses an algebraic codebook index to extract the
positions and amplitudes of the excitation pulses ("excitation
component definition information"). See T.S. 26.090, at p.
41, § 6.1, subsection 2 ("Decoding of the innovative codebook
vector: The received algebraic codebook index is used to
extract the positions and amplitudes (signs) of the excitation
pulses and to find the algebraic codevector c(n).").
Upon information and belief, the iPhone 4 processes the
excitation component definition information to provide a precomponent that has a pre-component energy value in
accordance with T.S. 26.090. Specifically, the iPhone 4
processes the extracted position and amplitude information of
the excitation pulses ("excitation component definition
information") to provide the algebraic codevector c(n) ("a precomponent"). See T.S. 26.090 at p. 41, § 6.1, subsection 2.
The energy value of the algebraic codevector c(n) is the mean
innovation energy value, Ei, and can be calculated by the
following equation:
⎛1
Ei = 10 log ⎜
⎜N
⎝

F) determining a gain value that
is proportional to the long term
energy value and inversely
proportional to the energy
value; and

N −1

⎞

∑ c 2 (i)⎟
⎟
⎠
i=0

See T.S. 26.090 at p. 41, § 6.1, Equation No. 67.
Upon information and belief, the iPhone 4 determines a gain
value that is proportional to the long term energy value and
inversely proportional to the pre-component energy value in
accordance with T.S. 26.090.
The quantified fixed codebook gain in the iPhone 4, ĝc, is
determined by the following equation: ĝc = γgc * g'c, where γgc
is the fixed codebook gain correction factor and g'c the
predicted gain value. See T.S. 26.090 at p. 41, § 6.1, Equation
No. 69.
In turn, the predicted gain value in the iPhone 4, g'c, is
determined by the following equation: g'c = 10 0.05(Ẽ(n) +Ē- Ei),
where Ẽ(n) is the long term energy value, and Ei is the energy
6

EXHIBIT A

B) excitation source means
operably coupled to the RF
means for receiving the speech
coded information; and for:

1) extracting from the speech
coded information at least one
parameter comprising a long
term energy value for a frame
of information, wherein a
speech sample is digitized to
provide the frame of
information comprising at
least one subframe;
2) extracting from the speech
coded information excitation
component definition
information for at least one
excitation component;

3) processing the excitation

module and a transceiver); see also T.S. 26.090 at p. 40, §6
(cited above).
This claim element is written in means-plus-function format,
pursuant to 35 U.S. C. § 112 ¶ 6. The claimed function is
"receiving the speech coded information." The structure
disclosed in the '230 patent for performing the claimed
function is the hardware and software of the baseband
processor of a radio unit that receives the speech coded
information. See '230 patent: Fig. 1; Fig. 2; col. 3:65-5:24;
and col. 7:55-8:4.
Upon information and belief, the iPhone 4 includes hardware
and software that performs the claimed function and is the
same or equivalent to the structure disclosed in the '230
patent. Specifically, the iPhone 4 has baseband processor
hardware and software for receiving the speech coded
information in compliance with the relevant WCDMA
standards, including T.S. 26.090. See iPhone 4 Technical
Specifications (stating the iPhone 4 supports U.S. WCDMA
frequency bands); see also iPhone 4 Teardown from
www.tgdaily.com (stating iPhone 4 contains an Infineon XGOLD 616 baseband processor); see also X-GOLD 616
Technical Specification (stating NB-AMR as a "main
feature"); see also T.S. 26.090 at p. 40, §6 (cited above).
Upon information and belief, the iPhone 4 extracts at least one
parameter comprising a long term energy value in accordance
with T.S. 26.090. Specifically, for a given frame of
information, the iPhone 4 extracts a long term energy value,
Ẽ(n), using the following equation:
~
E (n) =

4

ˆ
∑ b R( n − i )
i

i =1

See T.S. 26.090 at p. 41, § 6.1, Equation No. 66.
Upon information and belief, the iPhone 4 extracts excitation
component definition information for at least one excitation
component in accordance with T.S. 26.090. Specifically, to
obtain the algebraic codevector ("one excitation component"),
the iPhone 4 uses an algebraic codebook index to extract the
positions and amplitudes of the excitation pulses ("excitation
component definition information"). See T.S. 26.090, at p.
41, § 6.1, subsection 2 ("Decoding of the innovative codebook
vector: The received algebraic codebook index is used to
extract the positions and amplitudes (signs) of the excitation
pulses and to find the algebraic codevector c(n).").
Upon information and belief, the iPhone 4 processes the
9