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 13

EXHIBIT E
UNITED STATES PATENT NO. 5,319,712
PRELIMINARY INFRINGEMENT ANALYSIS OF CLAIM 171
Accused Apple Products:2 iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPad, iPad 3G, iPad 2,
iPad 2 3G, iPod Touch (each generation), MacBook, MacBook
Pro, MacBook Air, iMac, Mac mini, Mac Pro, Apple TV, AirPort
Extreme Card, AirPort Extreme Base Station, AirPort Express
Base Station, Time Capsule
'712 Patent Claim
17. In a communication system
having a physical layer, data link
layer, and a network layer, a
method for providing
cryptographic protection of a
data stream, comprising:

Accused Apple Products
Upon information and belief, an 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 at least by selling the iPhone 4 and
providing directions for their use.
The iPhone 4 is stated to be compliant with the IEEE Std.
802.11-20074 ("802.11 Standard") in the United States. See
e.g., iPhone 4 Technical Specifications, available at
http://www.apple.com/iphone/specs.html; Wi-Fi Certified
Interoperability Certificate for iPhone 4, available at
http://certifications.wi-fi.org/pdf_certificate.php?cid
=WFA8724 (certifying Wi-Fi and WPA compliance). Upon
information and belief, WPA compliant devices must
implement TKIP encryption specified in IEEE Std. 802.11i2004. IEEE Std. 802.11i-2004 has been incorporated into the
current IEEE Std. 802.11-2007. See IEEE Std. 802.11-2007 at
iv.

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. Motorola reserves the
right to supplement and/or update this list of Accused Apple Products as appropriate.
3

This chart provides Motorola'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.
4

IEEE Standard for Information Technology — Telecommunications and information exchange between
systems — Local and metropolitan area networks — Specific requirements. Part 11: Wireless LAN Medium Access
Control (MAC) and Physical Layer (PHY) Specifications.

1

EXHIBIT E

'712 Patent Claim

(a) assigning a packet sequence
number to a packet derived from
a data stream received from the
network layer;

(b) updating a transmit overflow
sequence number as a function of
the packet sequence number; and

(c) encrypting, prior to
communicating the packet and
the packet sequence number on
the physical layer, the packet as a
function of the packet sequence

Accused Apple Products
If the preamble of this claim is construed to be limiting, then it
imposes no more than the following limitation: a
communication system having a physical layer, data link layer,
and a network layer. In compliance with IEEE Std. 802.112007, an iPhone 4 is designed to function in a communication
system having a physical layer, data link layer, and a network
layer. See IEEE Std. 802.11-2007 § 5.7 ("This standard
presents the architectural view, emphasizing the separation of
the system into two major parts: the MAC of the data link layer
(DLL) and the PHY. These layers are intended to correspond
closely to the lowest layers of the ISO/IEC basic reference
model of Open Systems Interconnection (OSI) (ISO/IEC 74981: 1994)."). See id. The MAC of the 802.11 Standard's data
link layer is in communication with the network layer through
the logical link layer (LLC) portion of the data link layer. See
id.
Upon information and belief, an iPhone 4 performs the claimed
function. Specifically, in compliance with IEEE Std. 802.112007, an iPhone 4 assigns a TKIP sequence counter ("TSC"),
the two least significant octets of which ("TSC0" and "TSC1")
define a packet sequence number (called the "IV sequence
number") of a packet derived from the network layer data
stream called a MAC protocol data unit ("MDPU"). See IEEE
Std. 802.11-2007 § 3.82 (defining "MDPU"); id. § 8.3.2.1
(explaining assignment of a TSC to an MDPU); id. § 8.3.2.2
(explaining that TSC0 and TSC1 form the IV sequence
number).
Upon information and belief, an iPhone 4 includes hardware
and software that performs the claimed function. Specifically,
in compliance with IEEE Std. 802.11-2007, an iPhone 4
updates an overflow sequence number (called the "extended IV
value") in the 802.11 Standard), which is formed by the four
most significant octets of the TSC: "TSC2," "TSC3," "TSC4,"
and "TSC5." The overflow sequence number is based on the
packet sequence number (the IV sequence number formed by
TSC0 and TSC1) rolling over. See IEEE Std. 802.11-2007
§ 8.3.2.2 ("When the lower 16-bit sequence number rolls over
(0xFFFF 60x0000), the extended IV value, i.e., the upper 32
bits of the entire 48-bit TSC, shall be incremented by 1.")
Upon information and belief, an iPhone 4 includes hardware
and software for performing the claimed function.
Specifically, in compliance with IEEE Std. 802.11-2007, an
iPhone 4 includes hardware and software to encrypt
information prior to communication according to a defined
2