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 21

Exhibit L –U.S. Patent No. 5,566,337
Motorola directly and/or indirectly infringes at least claims 1 and 6 of the ’337 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, Xoom, (collectively, “the ’337 Accused Products”).1
For the purposes of this analysis, Plaintiffs will examine a representative mobile device, Motorola’s Droid X, which is shipped
operates with the Android 2.1 Platform. All other ’337 Accused Products meet the limitations of the asserted claims on the same
bases as indicated for the Droid X, unless otherwise stated.
These infringement contentions are preliminary and based only on publicly available information as to the ’337 Accused
Products. Motorola has not yet provided discovery as to its accused products and in addition Plaintiff's investigation of Motorola's
infringement is ongoing. Based on discovery and Plaintiff's continued investigations Plaintiff 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, Plaintiff 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 Plaintiff 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 Plaintiff.

U.S. Patent No. 5,566,337
1. In a computer including at
least one event producer for
detecting that an event has
occurred in the computer and
generating an event

Infringement Contentions
The ’337 Accused Products are, inter alia, computers that include at least one event producer for
detecting that an event has occurred in the computer and generating an event.
For example, the Motorola Droid X includes a Texas Instruments OMAP3630 processor
for executing applications such as web browsers, email clients, and telephony
applications, see Exh. L-9 [Motorola Droid X Specification], and is therefore a
computer.

•
1

•

For example, the ’337 Accused Products contain a Bluetooth protocol that generates an

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’337 Patent.
Apple reserves the right to supplement this analysis and this list of accused products as discovery into these newly announced products
progresses.

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

Infringement Contentions
event when the Bluetooth state changes. See Exh. L-1 [BluetoothService.java].
•

For example, the Bluetooth code calls the Context.sendBroadcast() method, which
“initiates a broadcast [event] by passing an Intent object.” See Id.; Exh. L-2 [Android
Dev Site, “Application Fundamentals”]. The Intent object that is passed in
Context.sendBroadcast() is an object that “defines a message . . . . and defines the action
to perform.” Id.

and at least one event consumer
which needs to be informed
when events occur in the
computer,

The ’337 Accused Products have at least one event consumer which needs to be informed when
events occur in the computer.

a system for distributing events
comprising:

The ’337 Accused Products have a system for distributing events comprising storing means for
storing a specific set of events of which said at least one event consumer is to be informed.

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

•

For example, the ’337 Accused Products contain, inter alia, a Phone application that
needs to be informed of, e.g., changes to the Bluetooth settings. For that reason, the
Phone application registers a broadcast receiver for this event using an Android Manifest
file. “Broadcast receivers enable applications to receive intents that are broadcast by the
system or by other applications, even when other components of the application are not
running.” See Exh. L-3 [Android Dev Site, “Receiver”]; Exh. L-10
[AndroidManifest.xml].

•

For example, in the ’337 Accused Products, means for storing a specific set of events of
which said at least one event consumer is to be informed include the Activity Manager.

•

For example, when an event consumer registers to receive an event, it calls the
registerReceiver() method, which causes the system to store a specific set of events of
which at least one event consumer is to be informed. See Exh. L-4 [Android Dev Site,
“Context”], Exh. L-5 [ActivityManagerService.java].

•

For example, the Activity Manager includes a HashMap data structure named
mRegisteredReceivers which “[k]eeps track of all IIntentReceivers that have been
registered for broadcasts.” Id.

2

U.S. Patent No. 5,566,337
event manager control means
for receiving the event from the
event producer, comparing the
received event to the stored set
of events, and distributing an
appropriate event to an
appropriate event consumer

Infringement Contentions
The ’337 Accused Products have event manager control means for receiving the event from the
event producer.
•

For example, in the ’337 Accused Products, means for receiving the event from the event
producer, comparing the received event to the stored set of events, and distributing an
appropriate event to an appropriate event consumer include the Activity Manager.

•

For example, the ’337 Accused Products contains an Activity Manager which, inter alia,
manages events that are transmitted from event producers to event consumers. See Exh.
L-5 [ActivityManagerService.java]. The Activity Manager first receives events from the
event producer via a Context.sendBroadcast() call, which is called by event producers when
they have an event to transmit. The Context.sendBroadcast() method “broadcast[s] the
given intent to all interested BroadcastReceivers” by first sending it to the Activity
Manager. See, Exh. L-4 [Android Dev Site, “Context”].

The ’337 Accused Products have event manager control means for comparing the received event to
the stored set of events.
•

For example, the Activity Manager, inter alia, compares the received event to the stored set
of events. It will determine which event consumers are interested in the current event, and
return a list of interested consumers. See Exh. L-5 [ActivityManagerService.java].

The ’337 Accused Product have event manager control means for distributing an appropriate
event to an appropriate event consumer.
•

distributor means for receiving
the event from the control
means and directing said control
means to distribute an

For example, after identifying an appropriate event consumer through the distributor
means (see infra), “the Android system finds the appropriate activity, service, or set of
broadcast receivers to respond to the intent, instantiating them if necessary.” See Exh.
L-6 [Android Dev Site, “Intents and Intent Filters”]. For example, the Activity Service
Manager has a processNextBroadcast() method which delivers broadcasts. See Exh. L5 [ActivityManagerService.java].

The ’337 Accused Products have distributor means for receiving the event from the control
means and directing said control means to distribute an appropriate event to an appropriate event
consumer.
3

U.S. Patent No. 5,566,337
appropriate event to an
appropriate event consumer

Infringement Contentions
•

For example, in the ’337 Accused Products, means for receiving the event from the control
means and directing said control means to distribute an appropriate event to an appropriate
event consumer include the Activity Manager.

•

For example, the ’337 Accused Products utilize a permissions system which can be used to
direct the control means to distribute an appropriate event to an appropriate event
consumer:
“Using Permissions
A basic Android application has no permissions associated with it, meaning it can
not do anything that would adversely impact the user experience or any data on the
device. To make use of protected features of the device, you must include in your
AndroidManifest.xml one or more <uses-permission> tags declaring the
permissions that your application needs.” See Exh. L-7 [Android Dev Site,
“Security and Permissions”].

•

For example, either the event producer or the event consumer can use permissions to
determine what events are appropriate for an event consumer to receive:
“Permissions
Access permissions can be enforced by either the sender or receiver of an Intent.
To enforce a permission when sending, you supply a non-null permission argument
to
sendBroadcast(Intent, String) or sendOrderedBroadcast(Intent, String,
BroadcastReceiver, android.os.Handler, int, String, Bundle). Only receivers
who have been granted this permission (by requesting it with the <usespermission> tag in their AndroidManifest.xml) will be able to receive the
broadcast.
To enforce a permission when receiving, you supply a non-null permission when
registering your receiver -- either when calling
registerReceiver(BroadcastReceiver, IntentFilter, String, android.os.Handler) or
in the static <receiver> tag in your AndroidManifest.xml. Only broadcasters who
have been granted this permission (by requesting it with the <uses-permission>
4

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

Infringement Contentions
tag in their AndroidManifest.xml) will be able to send an Intent to the receiver.”
See Exh. L-8 [Android Dev Site, “Broadcast Receiver”].
•

For example, the distributor means can receive the event from the event control means
and then can check that a target event consumer has the required permissions to view the
broadcast. The distributor means then may return a value to the event control means
directing it to either distribute or not distribute the event to a specific event consumer.
See Exh. L-5 [ActivityManagerService.java].

•

For example, the ActivityManager has methods for delivery, including
processingNextBroadcast() and broadcastIntent(); for confirming permissions,
including checkComponentPermission(); and a “[r]esolver for broadcast intents to
registered receivers,” such as mReceiverResolver. See Exh. L-5
[ActivityManagerService.java].

3. The system according to
claim 1, wherein a plurality of
event consumers are included in
the computer and the plurality
of consumers comprise:
broadcast consumers having no
relationship with other
consumers, the broadcast
consumers operating
independently of other
consumers and of the order in
which consumers are informed
of the event; and

The ’337 Accused Products have a plurality of event consumers comprising broadcast
consumers having no relationship with other consumers, the broadcast consumers operating
independently of other consumers and of the order in which consumers are informed of the
event.

sequential consumers having
relationships with other
consumers, the sequential
consumers requiring that no
other consumer be told about an

The ’337 Accused Products have sequential consumers having relationships with other
consumers, the sequential consumers requiring that no other consumer be told about an event
while they themselves are processing the event and having an ability to influence when they
receive the event relative to the other consumers.

•

•

For example, “[n]ormal broadcasts (sent with Context.sendBroadcast) are completely
asynchronous. All receivers of the broadcast are run in an undefined order, often at the
same time.” See Exh. L-8 [Android Dev Site, “BroadcastReceiver”], Exh. L-4
[Android Dev Site, “Context”].

For example, “[o]rdered broadcasts (sent with Context.sendOrderedBroadcast) are
5

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

Infringement Contentions

event while they themselves are
processing the event and having
an ability to influence when
they receive the event relative to
the other consumers.

delivered to one receiver at a time. As each receiver executes in turn, it can propagate a
result to the next receiver, or it can completely abort the broadcast so that it won't be
passed to other receivers. The order receivers run in can be controlled with the
android:priority attribute of the matching intent-filter.” See Exh. L-8 [Android Dev
Site, “BroadcastReceiver”].

6. The system according to
claim 3, wherein said storing
means comprises:
a subscription matrix for storing
subscriptions to events in which
the broadcast consumers are
interested; and

The ’337 Accused Products have storing means which comprises a subscription matrix for
storing subscriptions to events in which the broadcast consumers are interested.
For example, in the ’337 Accused Products, storing means which comprises a
subscription matrix for storing subscriptions to events in which the broadcast consumers
are interested include the Activity Manager.

•

For example, when an event consumer registers to receive an event, it calls the
registerReceiver() method, which causes the system to store events in which the
broadcast consumers are interested. See Exh. L-4 [Android Dev Site, “Context”], Exh.
L-5 [ActivityManagerService.java].

•

a sequential consumer database
for storing entries to events in
which the sequential consumers
are interested.

•

For example, the Activity Manager includes a HashMap data structure named
mRegisteredReceivers which “[k]eeps track of all IIntentReceivers that have been
registered for broadcasts.” See Exh. L-5 [ActivityManagerService.java].

The ’337 Accused Products have storing means which comprises a sequential consumer
database for storing entries to events in which the sequential consumers are interested.
•

For example, in the ’337 Accused Products, storing means which comprises a sequential
consumer database for storing entries to events in which the sequential consumers are
interested include the Activity Manager.

•

For example, ordered broadcasts are stored by the Activity Manager in the
mOrderedBroadcasts ArrayList. See Exh. L-5 [ActivityManagerService.java].
“Ordered broadcasts (sent with Context.sendOrderedBroadcast) are delivered to one
6

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

Infringement Contentions
receiver at a time. As each receiver executes in turn, it can propagate a result to the next
receiver, or it can completely abort the broadcast so that it won’t be passed to other
receivers. The order receivers run in can be controlled with the android:priority attribute
of the matching intent-filter.” See Exh. L-8 [Android Dev Site, “BroadcastReceiver”].

7