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)

EXHIBIT 20

Exhibit H – U.S. Patent No. 5,969,705
Motorola directly and/or indirectly infringes at claim 1 of the ’705 patent, either literally or through the doctrine of equivalents.
Motorola’s infringing products include mobile devices such as smartphones and tablet computers, including but not limited to the:
Atrix, Bravo, Cliq, Cliq XT, Cliq 2, Charm, Defy, Devour, BackFlip, Devour, Droid, Droid 2, Droid 2 Global, Droid X, Droid Pro,
Flipout, Flipside, i1 and Xoom (collectively, “the ’705 Accused Products”).1
For the purposes of this analysis, Apple will examine a representative mobile device, Motorola’s Droid X, which operates with
the Android 2.1 Platform. All other ’705 Accused Products meet the limitations of the asserted claims on the same bases as indicated
for the Droid X, unless otherwise stated.
For the purposes of this analysis, Plaintiffs provide a description of the Google Talk application for the Android operating
system, specifically, how running this application allows two processes to send commands, service requests or other information to
one another. The description of this specific application is intended to be exemplary only, and not to limit the scope of Plaintiffs’
infringement allegations.
In addition to Motorola's direct infringement of claim 1 of the ’705 patent through its development, testing, manufacture and
use of its devices, Motorola also indirectly infringes claim 1 of the patent. Manufacturers, retailers, distributors, end-users and others
in the distribution channel of the ’705 Accused Products directly infringe this claim by using, selling, offering for sale, and/or
importing these devices into the United States. Motorola contributes to and induces the infringement of asserted claim 1 through its
promotion and provision of intentional marketing, sale and/or technical support of the ’705 Accused Products and associated
specialized components in the United States, and through the intentional design, marketing, manufacture, sale, and/or technical
support of the ’705 Accused Products abroad to induce direct infringement in the United States. Motorola supplies ’705 Accused
Products and actively encourages the use, sale, offer for sale, and importation of the same in the United States through the promotion
and provision of marketing literature and user guides, which induces and results in direct infringement. See, e.g., Motorola Droid X
User Guide (WI-Apple0034078-34145). Upon information and belief, Motorola has known or should have known that these actions
would cause direct infringement of the ’705 patent and did so with specific intent to encourage direct infringement. Additionally,
the ’705 Accused Products have no substantial non-infringing uses

1

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’705 Patent.
Apple reserves the right to supplement this analysis and this list of accused products as discovery into these newly announced products
progresses.

These infringement contentions are preliminary and based only on publicly available information as to the ’705 Accused
Products. Motorola has not yet provided discovery as to its accused products and in addition Apple’s investigation of Motorola’s
infringement is ongoing. Based on discovery and Apple’s continued investigations Apple reserves the right to amend these
contentions to identify additional bases for infringement and additional accused products, including products that Motorola may
introduce in the future. Accordingly, Apple reserves its right to amend these contentions as discovery and its investigation proceeds.
Also, these disclosures are made based on information ascertained to date, and Apple expressly reserves the right to modify or amend
the disclosures contained herein based on the Court’s claim constructions or to reflect additional information that becomes available to
Apple.

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

Infringement Contentions

1. In a computer system comprising a
processor, a display, a memory, a user input
device, a first process operative in the
computer system, a second process operative
in the computer system as a foreground
process and a user interface on said computer
system display under the control of the second
process, a method for the first process to
perform operations for the second process and
control a content of the user interface on said
computer system display, said content under
control of the foreground second process
operative in said computer system, said first
process controlling the content to display
information regarding the operations
performed by the first process for the second
process, said method comprising the
following steps:

The ’705 Accused Products are computer systems that comprise a processor, a
display, a memory, and a user input device. For example, the Motorola Droid X
includes a Texas Instruments OMAP3630 Series SoC microprocessor, a 4.3-inch 480
x 854 WVGA resolution display, a memory including 8 GB of Flash memory, as well
as 512 MB of RAM, and a touch-sensitive display screen providing a user input
device. See Exh. H-1 [Droid X Developer Specifications]. Using these
components, the Accused Products, on information and belief, perform a method for
one process to perform operations for a second process and control a content of the
user interface on the computer’s display, as set forth herein. See Exh. H-1 [Droid X
Developer Specifications].
•

By way of example, on information and belief, the Google Talk (“Talk”)
application on the ’705 Accused Products utilizes first and second processes
operative in the computer system, where the second process is a foreground
process controlling a user interface, with at least some operations performed
by a background (first) process which also controls content of the user
interface. When initiated, the Talk application initiates a background (‘first’)
process, the GTalk service, to perform operations for the foreground
(‘second’) process. Exh. H-3 [Droid X System Log File - GTalkService].

•

In Android, “[a] service is a component that runs in the background to
perform long-running operations or to perform work for remote processes. A
service does not provide a user interface.” Exh. H-2 [Android Developer Site2

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Infringement Contentions
“Application Fundamentals”].

a. installing an event handling process as part
of said second process, said event handling
process when said second process is operative
in said computer system, servicing events
generated by the first process for controlling
said user interface display under control of
said second process;

On information and belief, the ’705 Accused Products perform the step of installing
an event handling process as part of a second process for servicing events generated
by the first process for controlling the user interface display under the control of the
second process.
•

By way of one example, on information and belief when the foreground Talk
application (second process) is active, it installs an event handling process as
part of itself. Once this event handling process is installed, it is able to receive
incoming events from a background process, the GTalk service, including
updates as to user statuses of IM contacts. Exh. H-3 [Droid X System Log
File - GTalkService].

•

On information and belief, events generated by the background (first process)
GTalk service are communicated to other parts of the foreground (second
process) Talk application’s event handling process to, e.g., update the Chat
Box view with a warning text explaining that the contact is no longer
available to chat or that said contact’s status has otherwise changed.

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Infringement Contentions

b. said second process initiating said first
process to perform operations for said second
process, said second process operative in the
foreground and said first process operative in
the background;

On information and belief, the ’705 Accused Products perform the step of having a
second process initiate a first process to perform operations for it, wherein the second
process is in the foreground, and the first process in the background.

d. said first process generating events for
controlling said user interface display while
the second process remains as a foreground
process and the first process is a background
process, said events providing information
regarding the operations performed by said
first process for the second process; and

On information and belief, the ’705 Accused Products perform the step of having a
first (background) process generate events for controlling a user interface display
while a second process remains as a foreground process, and the first process is a
background process, wherein said events provide information regarding the
operations performed by the first process for the second process.

•

•

By way of one example, on information and belief, when the Talk application
in the ’705 Accused Products is initiated, the Talk application (second
process) initiates the GTalk service in the background to perform operations
for the Talk application, such as maintaining updated information on IM
contact statuses. The GTalk service (first process) operates only in the
background, as Android services do not have visual user interfaces. Exh. H-2
[Android Developer Site-“Application Fundamentals”]; Exh. H-3 [Droid X
System Log File - GTalkService].

By way of one example, on information and belief, when the Talk application
on the ’705 Accused Products is initiated, the GTalk service (first process)
generates events and sends them to the Talk application (second process),
which is in control of the user interface, to reflect the status information about
a user’s IM contacts. Among other things, the GTalk service (first process)
monitors when a contact on a user’s buddy list switches their status from
“Available” to “Offline.”

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e. said event handling process receiving
events generated by said first process, said
event handling process updating said user
interface on said computer system display
according to said events generated by said
first process, while said first process remains
in the background, and received by said event
handling process.

Infringement Contentions

On information and belief, the ’705 Accused Products perform the step of having an
event handling process receive events generated by the first process and updating a
user interface based on the received events, while the first process remains in the
background.
•

By way of one example, on information and belief, the Talk application has a
class that handles all events relating to that application. This class includes,
among other things, a method which receives the event generated by the
GTalk (first) process (such as an event that signals that a contact has logged
out and is unavailable to chat) and eventually uses it to update the Talk
application’s user interface with a warning text explaining that a contact is no
longer available to chat.

•

In Android, “ is a component that runs in the background to perform longrunning operations or to perform work for remote processes. A service does
not provide a user interface.” Exh. H-2 [Android Developer Site-“Application
Fundamentals”].

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