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)

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EXHIBIT 6 Page 1 of 4 From the second edition (1989): extract, v. (ɛkˈstrækt) [f. L. extract- ppl. stem of extrahĕre, f. ex- out + trahĕre to draw. Cf. Fr. extraire.] To draw out. 1. trans. In general sense: ‘To draw out of any containing body or cavity’ (J.). Now only with some notion of one or other of the more specific senses. 1570 LEVINS Manip. 6/25 To Extract, extrahere. 1603 SHAKES. Meas. for M. iii. ii. 50 Is there none of Pigmalions Images‥to bee had now, for putting the hand in the pocket, and extracting [it] clutch'd? 1684 T. BURNET Th. Earth I. vii. 83 If these waters were any way extracted and laid upon the surface of the ground, nothing would be gain'd as to the Deluge by that. 2. ‘To take from something of which the thing taken was a part’ (J.). 1634 SIR T. HERBERT Trav. 56 They had whole mountaines of excellent blacke marble‥out of which the Imperiall Palace was extracted and cut out. 1667 MILTON P.L. viii. 497 I now see‥my self Before me; Woman is her Name, of Man Extracted. 1818 CRUISE Digest (ed. 2) III. 258 Freeholders; whose estates were afterwards extracted out of the demesnes of the manor. b. esp. To copy out (a passage in a book, etc.); also, to make extracts from (a book). 1607 TOPSELL Four-f. Beasts (1673) 266 Finding nothing of substance in him [Gesner] which is not‥extracted‥by them. 1724 SWIFT Drapier's Lett. iv, I have thought it proper to extract out of that Pamphlet a few of these notorious 6/15/2011 Page 2 of 4 Falsehoods. 1798 FERRIAR Illustr. Sterne ii. 43, I extract the following passages as specimens. 1838–9 HALLAM Hist. Lit. I. iii. i. §8. 149 The treatise was‥abridged, extracted and even turned into verse. 1855 BAIN Senses & Int. ii. iv. §13 It will be convenient to extract entire the section devoted to this subject. c. Sc. Law. To take out a copy of (a recorded judgement) with a view to execution. Also †to extract forth. Cf. ESTREAT v. 1597 Sc. Acts Jas. VI, 177b, Collected‥and extracted foorth of the Bukes and Register of the Actes of Parliament. 1606 [see EXTRACT n. 5b]. 1681 S. COLVIL Whigs Supplic. (1751) 94 He forg'd records, and them enacted To bear false witness, when extracted. 1752 J. LOUTHIAN Form of Process App. (ed. 2) 266 The Expence of extracting the Protestation. 1837 LOCKHART Scott xx, The subalterns, who‥recorded and extracted the decrees of the Supreme Court. 1868 Act 31–32 Vict. c. 100 §57 Notwithstanding that the Interlocutor of the Lord Ordinary may have been extracted and put to Execution. absol. 1751 Act Sederunt 4 Jan. heading, Prohibition by the Lords against Agents to extract, or Extractors to agent. 3. To get out (the contents of anything) by force, effort, or contrivance; to take out (anything embedded or firmly fixed). Often with reference to surgical operations, dentistry, and the like. 1628 WITHER Brit. Rememb. 219 Upon Argeir we had a faire designe That much extracted from our silver mine. 1695 WOODWARD Nat. Hist. Earth iv. (1723) 215 The‥mineral Matter‥is‥so diffused‥amongst the crasser matter‥that 'twould never be possible to separate and extract it. 1732 ARBUTHNOT Rules of Diet 428 The Stone in the Bladder is‥a mortal Disease, if not extracted. 1767 GOOCH Treat. Wounds I. 210 After many fruitless attempts to extract an arrow. 1794 S. WILLIAMS Vermont 190 One of these customs, was that of extracting their beards by the roots. 1807–26 S. COOPER First Lines Surgery (ed. 5) 158 Army surgeons‥always‥extract the ball as soon as possible. 1834 MEDWIN Angler in Wales II. 112 One of the best‥anglers in England‥had only been able to extract three of its inhabitants. 1841 LANE Arab. Nts. I. 80 He took out a knife, and picked at the lead until he extracted it from the bottle. 1878 L. P. MEREDITH Teeth 127 Fractures in attempts to extract teeth, often expose the pulp. b. fig.; esp. to draw forth (a confession, money, etc.) against a person's will. 1599 NASHE Lenten Stuffe Wks. 1883–4 V. 297 And there [by torture] eyther tear him limbe from limbe, but hee will extract some capitall confession from him. 1670 MARVELL Corr. cl. Wks. 1872–5 II. 328, I had writ sooner could I have extracted out of Sir Philip‥anything which I thought materiall. 1765 H. WALPOLE Otranto v. (1798) 78 He used every insinuating‥argument to extract her consent. 1825 HONE Every-day Bk. I. 1116 He had extracted the last extractable halfpenny. 1833 H. MARTINEAU Three Ages iii. 93 Nothing could be extracted from him relative to his former associates. 1860 TYNDALL Glac. i. xvi. 108, I‥tried to extract some direct encouragement from him. 6/15/2011 Page 3 of 4 4. To obtain (constituent elements, juices, etc.) from a thing or substance by suction, pressure, distillation, or any chemical or mechanical operation. Said both of personal and material agents. †Also intr. for refl. (obs. rare). 1594 PLAT Jewell-ho., Chem. Concl. 3 The maner of drawing, or extracting of the oiles out of hearbes. 1626 BACON Sylva §645 Out of the Ashes of all Plants they extract a Salt, which they vse in Medicines. 1641 FRENCH Distill. i. (1651) 33 Let the Spirit extract in digestion till no more feces fall to the bottom. 1667 MILTON P.L. v. 25 How the Bee Sits on the Bloom extracting liquid sweet. 1799 G. SMITH Laborat. I. 97 Distil them with water‥till all the spirits are extracted. 1816 J. SMITH Panorama Sc. & Art II. 444 Filter the liquor, wash the sediment with water, till it ceases to extract any thing. 1853 A. SOYER Pantroph. 131 When the cook wanted to extract the salt, he first boiled the meat well in milk. 1875 Ure's Dict. Arts III. 1146 The skins being present, the wine which is in process of formation extracts tannic acid from the skins. absol. 1651 BIGGS New Disp. introduc'd by Neotericks. 79 You labour‥in extracting after the manner b. fig.; esp. to obtain (comfort, pleasure, happiness) from a specified source; also, to draw out (the sense of anything); to deduce (a doctrine, principle, right, etc.). 1596 DAVIES Orchestra ciii, He [Love] first extracted from th' earth-mingled mind That heau'nly fire, or quint~essence diuine. 1599 SHAKES. Hen. V, ii. ii. 101 May it be possible, that forraigne hyer Could out of thee extract one sparke of euill? 1719 YOUNG Busiris iv. i, To see us act like prudent men, And out of ills extract our happiness. 1775 JOHNSON Tax. no Tyr. 44 No general right can be extracted from them [the charters]. 1796 MORSE Amer. Geog. I. 317 note, In whatever situation he was placed he [Franklin] extracted something useful for himself or others. 1863 GEO. ELIOT Romola i. iii, [He] means to extract the utmost possible amount of pleasure‥out of this life. 1890 LD. ESHER in Law Times Rep. LXIII. 693/2 It is sought by this defendant to extract from that case this doctrine, that, etc. 5. Math. to extract the root of a number or quantity: to obtain the root by a mathematical process. Also †to extract (a quantity): to find the root of. 1571 DIGGES Pantom. ii. xxii. Pij, From the quotient thereof‥extracte the quadrate roote. 1676 GLANVILL Ess. iii. 13 The Method of Extracting Roots in the most numerous Æquations. 1751 CHAMBERS Cycl. s.v. Extraction, To extract the root out of a given power, is the same thing as, etc. 1827 HUTTON Course Math. I. 86 Mixed numbers may be‥extracted by the first or second rule. Ibid. I. 89 Extract the cube root of 571482·19. 6. Occasional uses after Lat. or Fr. †a. To take away, withdraw. Obs. a1572 KNOX Hist. Ref. Wks. 1846 I. 60 O Lorde, I have bene wicked, and justlie may thow extract thy grace from me. Ibid. 333 By your faynting, and by extracting of your support, the enimeis ar incoraged. 6/15/2011 Page 4 of 4 †b. Only in pass.: To be derived or descended. Const. from, of. Obs. Cf. EXTRACTION 5. c1489 CAXTON Blanchardyn xxi. 71 He is a man come of a grete house and extracted of hyghe parentage. 1577–87 HOLINSHED Chron. I. 95/1 Of the first, the kings of Kent were lineallie extracted. 1605 CAMDEN Rem. 13 This English tongue extracted out of the olde German‥is mixed. 1647 CLARENDON Hist. Reb. i. (1843) 5/1 The enriching a private family (how well soever originally extracted). 1678 WANLEY Wond. Lit. World v. ii. §70. 471/2 Michael the eighth‥extracted from the Comnenian Emperours. †c. To ‘derive’, affirm to be derived from a specified origin. Obs. 1634 W. TIRWHYT tr. Balzac's Lett. 341 It‥angers me, that out of the poorest part of Rhetoricke received among the ancients, they will needes extract all ours. Oxford English Dictionary, second edition (1989). © Oxford University Press 1989. 6/15/2011

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