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

Filing 97

Declaration of Carlos A. Rodriguez filed by Defendants Motorola Mobility, Inc., Motorola, Inc. re: 96 Claims Construction Initial Brief, 95 Motion Requesting Claims Construction (Attachments: # 1 Exhibit 1 - Patent No. 6,275,983, # 2 Exhibit 2 - Patent No. 5,969,705, # 3 Exhibit 3 - Patent No. 5,566,337, # 4 Exhibit 4 - Patent No. 5,455,599, # 5 Exhibit 5 - Patent No. 6,424,354, # 6 Exhibit 6 - Reissued Patent No. RE 39,486, # 7 Exhibit 7 - Patent No. 5,929,852, # 8 Exhibit 8 - Patent No. 5,946,647, # 9 Exhibit 9 - Patent No. 5,481,721, # 10 Exhibit 10 - Patent No. 6,493,002, # 11 Exhibit 11 - Patent No. 6,175,559, # 12 Exhibit 12 - Patent No. 5,490,230, # 13 Exhibit 13 - Patent No. 5,319,712, # 14 Exhibit 14 - Patent No. 5,572,193, # 15 Exhibit 15 - Excerpts from '983 Patent Prosecution History, # 16 Exhibit 16 - Excerpts from '354 Patent Prosecution History, # 17 Exhibit 17 - Excerpts from '486 Patent Prosecution History, # 18 Exhibit 18 - Excerpts from '230 Patent Prosecution History, # 19 Exhibit 19 - Apple's Infringement Contentions Claim Chart for '983 Patent, # 20 Exhibit 20 - Apple's Infringement Contentions Claim Chart for '705 Patent, # 21 Exhibit 21 - Apple's Infringement Contentions Claim Chart for '337 Patent, # 22 Exhibit 22 - Apple's Infringement Contentions Claim Chart for '599 Patent, # 23 Exhibit 23 - Apple's Infringement Contentions Claim Chart for '354 Patent, # 24 Exhibit 24 - Apple's Infringement Contentions Claim Chart for '486 Patent, # 25 Exhibit 25 - Apple's Infringement Contentions Claim Chart for '852 Patent, # 26 Exhibit 26 - Apple's Infringement Contentions Claim Chart for '647 Patent, # 27 Exhibit 27 - Apple's Infringement Contentions Claim Chart for '721 Patent, # 28 Exhibit 28 - Apple's Infringement Contentions Claim Chart for '002 Patent, # 29 Exhibit 29 - Excerpts from NeXTSTEP Object-Oriented Programming and the Objective C Language, # 30 Exhibit 30 - July 30, 2010 ITC Order Construing Terms of Asserted Claims in Inv. No. 337-TA-704, # 31 Exhibit 31 - April 4, 2011 Joint Motion to Amend Filed in ITC Inv. No. 337-TA-710, # 32 Exhibit 32 - Excerpts from '002 Patent Prosecution History, # 33 Exhibit 33 - Patent No. 5,588,105, # 34 Exhibit 34 - Patent No. 5,659,693, # 35 Exhibit 35 - Henderson & Card Article, # 36 Exhibit 36 - Patent No. 5,202,961, # 37 Exhibit 37 - Patent App. No. 08/316,237) (Hansen, Scott)

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

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Case No. 10-cv-662-bbc
JURY TRIAL DEMANDED

DECLARATION OF CARLOS A. RODRIGUEZ IN SUPPORT OF MOTOROLA'S
MOTION FOR CLAIM CONSTRUCTION AND A HEARING

I, Carlos A. Rodriguez, declare as follows:
1.

I am a member of the bar of the State of New York and am admitted to practice

pro hac vice before this Court. I am an associate with Quinn Emanuel Urquhart & Sullivan LLP,
attorneys for Defendants Motorola Solutions, Inc. and Motorola Mobility, Inc. ("Motorola"). I
make this declaration of personal, firsthand knowledge, and if called and sworn as a witness, I
could and would testify competently thereto.
2.

I submit this declaration in support of Motorola's Motion For Claim Construction

And A Hearing. All exhibits attached hereto are cited in Motorola's Memorandum In Support Of
Its Motion For Claim Construction And A Hearing.
3.

Exhibit 1 is a true and correct copy of U.S. Patent No. 6,275,983 ("the '983

patent").
4.
patent").

Exhibit 2 is a true and correct copy of U.S. Patent No. 5,969,705 ("the '705

5.

Exhibit 3 is a true and correct copy of U.S. Patent No. 5,566,337 ("the '337

patent").
6.

Exhibit 4 is a true and correct copy of U.S. Patent No. 5,455,599 ("the '599

patent").
7.

Exhibit 5 is a true and correct copy of U.S. Patent No. 6,424,354 ("the '354

patent").
8.

Exhibit 6 is a true and correct copy of U.S. Reissued Patent No. RE 39,486 ("the

'486 patent").
9.

Exhibit 7 is a true and correct copy of U.S. Patent No. 5,929,852 ("the '852

patent").
10.

Exhibit 8 is a true and correct copy of U.S. Patent No. 5,946,647 ("the '647

patent").
11.

Exhibit 9 is a true and correct copy of U.S. Patent No. 5,481,721 ("the '721

patent").
12.

Exhibit 10 is a true and correct copy of U.S. Patent No. 6,493,002 ("the '002

patent").
13.

Exhibit 11 is a true and correct copy of U.S. Patent No. 6,175,559 ("the '559

patent").
14.

Exhibit 12 is a true and correct copy of U.S. Patent No. 5,490,230 ("the '230

patent").
15.

Exhibit 13 is a true and correct copy of U.S. Patent No. 5,319,712 ("the '712

patent").
16.

Exhibit 14 is a true and correct copy of U.S. Patent No. 5,572,193 ("the '193

patent").
17.

Exhibit 15 is a true and correct copy of excerpts of the prosecution history of the

'983 patent.

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18.

Exhibit 16 is a true and correct copy of excerpts of the prosecution history of the

'354 patent.
19.

Exhibit 17 is a true and correct copy of excerpts of the prosecution history of the

'486 patent.
20.

Exhibit 18 is a true and correct copy of excerpts of the prosecution history of the

'230 patent.
21.

Exhibit 19 is a true and correct copy of Apple's infringement contentions claim

chart for the '983 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
22.

Exhibit 20 is a true and correct copy of Apple's infringement contentions claim

chart for the '705 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
23.

Exhibit 21 is a true and correct copy of Apple's infringement contentions claim

chart for the '337 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
24.

Exhibit 22 is a true and correct copy of Apple's infringement contentions claim

chart for the '599 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
25.

Exhibit 23 is a true and correct copy of Apple's infringement contentions claim

chart for the '354 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
26.

Exhibit 24 is a true and correct copy of Apple's infringement contentions claim

chart for the '486 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
27.

Exhibit 25 is a true and correct copy of Apple's infringement contentions claim

chart for the '852 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
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28.

Exhibit 26 is a true and correct copy of Apple's infringement contentions claim

chart for the '647 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
29.

Exhibit 27 is a true and correct copy of Apple's infringement contentions claim

chart for the '721 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
30.

Exhibit 28 is a true and correct copy of Apple's infringement contentions claim

chart for the '002 patent, appended by Apple to its Second Supplemental Response to Motorola's
Interrogatory No. 6, dated May 24, 2011.
31.

Exhibit 29 is a true and correct copy of excerpts from the book NeXTSTEP

Object-Oriented Programming And The Objective C Language (Addison-Wesley Publishing
Co., 1993).
32.

Exhibit 30 is a true and correct copy of Order No. 18: Construing The Terms Of

The Asserted Claims Of The Patents At Issue, entered on July 30, 2010 in the matter of Certain
Mobile Communications And Computer Devices And Components Thereof, USITC Inv., No.
337-TA-704.
33.

Exhibit 31 is a true and correct copy of Joint Motion To Amend The Joint List Of

Undisputed Terms With Agreed Constructions, Apple's Corrected Proposed Claim Construction
Chart, And HTC's Proposed Claim Constructions, filed on April 4, 2011 in the matter of Certain
Personal Data And Mobile Communications Devices And Related Software, USITC Inv., No.
337-TA-710.
34.

Exhibit 32 is a true and correct copy of excerpts of the prosecution history of the

'002 patent.
35.

Exhibit 33 is a true and correct copy of U.S. Patent No. 5,588,105.

36.

Exhibit 34 is a true and correct copy of U.S. Patent No. 5,659,693.

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37.

Exhibit 35 is a true and correct copy of D.A. Henderson, Jr. & S.K. Card, Rooms:

The Use of Multiple Virtual Workspaces to Reduce Space Contention, 5 ACM Transactions on
Graphics, No. 3, July 1986 .
38.

Exhibit 36 is a true and correct copy of U.S. Patent No. 5,202,961.

39.

Exhibit 37 is a true and correct copy of U.S. Patent App. No. 08/316,237.

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed June 17, 2011, at New York, New York.

/s/ Carlos A. Rodríguez

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