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

Filing 95

Motion Requesting Claims Construction and Claim Construction Hearing by Defendants Motorola Mobility, Inc., Motorola, Inc. (Hansen, Scott)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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APPLE INC. and NeXT SOFTWARE,
INC. (f/k/a NeXT COMPUTER, INC.),
Plaintiffs,

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

Case No. 10-CV-662-BBC
JURY TRIAL DEMANDED

MOTOROLA'S MOTION FOR CLAIM CONSTRUCTION AND A HEARING
Pursuant to the Court's December 20, 2010 Preliminary Pretrial Conference Order,
Defendants Motorola Solutions, Inc. (f/k/a Motorola, Inc.) (hereinafter "Solutions") and
Motorola Mobility, Inc. (hereinafter "Mobility") (collectively, "Motorola") respectfully request
this Court to address and construe the disputed claim terms and phrases identified below and
addressed in detail in the attached Memorandum In Support of Motorola's Motion For Claim
Construction And A Hearing ("Memorandum"). Motorola also respectfully requests a claim
construction hearing. The specific reasons that each term or phrase requires construction and a
hearing are separately explained in Motorola's Memorandum, filed concurrently with this
Motion.
Apple Patent No.

Disputed Claim Term or Phrase

U.S. Patent No. 6,275,983

"during runtime"

U.S. Patent No. 5,969,705

"events for controlling said user interface
display"

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U.S. Patent No. 5,566,337

"storing means for storing a specific set of
event of which said at least one event
consumer needs to be informed"

U.S. Patent No. 5,455,599

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

U.S. Patent No. 6,424,354

"connection information"

U.S. Patent Nos. RE39,486 and 5,929,852

"software component architecture"

U.S. Patent No. 5,946,647

"linking actions to the detected structures"

U.S. Patent No. 5,481,721

"dynamic binding"

U.S. Patent No. 6,493,002

"programming module"

Motorola Patent No.

Disputed Claim Term or Phrase

U.S. Patent No. 6,175,559

"preamble sequence"

U.S. Patent No. 6,175,559

"outer code"

U.S. Patent No. 5,490,230

"long term energy value for [the/a] frame of
information"

U.S. Patent No. 5,490,230

"extracting from [the recovered signal/the
speech coded information] at least one
parameter"

U.S. Patent No. 5,319,712

"transmit overflow sequence number"

U.S. Patent No. 5,572,193

"transmitting… from the subscriber unit to the
communication system"

There are 21 patents at issue in this action. Apple Inc. and NeXT Software, Inc.
(collectively, "Apple") assert 15 patents. Mobility asserts 6 patents. The disputed claim terms
and phrases selected from those patents vary in scope, and their construction requires an analysis
of the intrinsic record and to a limited extent, extrinsic evidence.

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As explained in Motorola's Memorandum, the proper construction for 8 of the selected
terms and phrases from Apple's patents will confirm that Motorola's accused products do not
infringe those patents. Moreover, the proper construction for the "means for capturing…" phrase
from Apple's '599 Patent will confirm invalidity for the asserted claims from that patent.
This Court has already set aside July 22, 2011 for a Claims Construction Hearing.
[Preliminary Pretrial Conf. Order, Dec. 20, 2011, Dkt. No. 108, at p. 3.] Motorola believes that a
claim construction hearing would be helpful to the Court and the Parties, by allowing the parties
an opportunity to present the most important positions and supporting evidence concerning the
proposed constructions. A hearing will also allow the Parties to address any questions or issues
raised by the Court.
Accordingly, Motorola respectfully requests that the Court grant its motion for claim
construction and a hearing.

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Dated: June 17, 2011

Respectfully submitted,
MOTOROLA MOBILITY, INC.
By:

s/ Scott W. Hansen
Scott W. Hansen

Scott W. Hansen
Lynn M. Stathas
Lisa Nester Kass
Reinhart Boerner Van Deuren s.c.
22 East Mifflin Street
P.O. Box 2018
Madison, WI 53701-2018
Telephone: [phone]
Facsimile: [phone]
1000 North Water Street, Suite 1700
Milwaukee, WI 53202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Edward J. DeFranco
Alexander Rudis
Richard W. Erwine
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
David A. Nelson
500 West Madison St., Suite 2450
Chicago, IL 60661
Email: [e-mail]
Robert W. Stone
Brian Cannon
555 Twin Dolphin Drive, Suite 560
Redwood Shores, CA 94065
Email: [e-mail]
[e-mail]

Attorneys for Defendants Motorola, Inc. and
Motorola Mobility, Inc.

Charles K. Verhoeven
50 California Street, 22nd Floor
San Francisco, CA 94111
Email: [e-mail]

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