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 22

Exhibit O – U.S. Patent No. 5,455,599
Motorola directly and/or indirectly infringes at least claims 15 and 26 of the ’599 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 ’599 Accused Products”).1
For the purposes of this analysis, Apple will examine a representative mobile device, Motorola’s Droid X, which is shipped
with the Android 2.1 Platform. All other ’599 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 ’599 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. 5,455,599
15. An apparatus for graphic
processing, comprising:
(a) a processor,

1

Infringement Contentions
The ’599 Accused Products are for graphic processing.
By way of one example, the Droid X includes the android.graphics package. Exh. O-1
[Android Developers Site-“Package android.graphics”].
The ’599 Accused Products contain a processor. For example, the Droid X includes a Texas
Instruments OMAP3630 Series SoC microprocessor. Exh. O-2 [Droid X Product
Specifications].

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’599 Patent. Apple
reserves the right to supplement this analysis and this list of accused products as discovery into these newly announced products
progresses.
1

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

Infringement Contentions

(b) a storage attached to and
under the control of the
processor;

The ’599 Accused Products include storage under the control of and attached to the processor.
For example, the Droid X includes a memory including 8 GB of Flash memory, as well as 512
MB of RAM. Exh. O-2 [Droid X Product Specifications].

(c) a graphic device attached to
and under the control of the
processor;

The ’599 Accused Products include a graphic device attached to and under the control of the
processor.
• By way of one example, the Droid X includes a 4.3 inch WVGA touch-sensitive display.
Exh. O-2 [Droid X Product Specifications].
• By way of another example, as least some of the ’599 Accused Products include a graphic
accelerator. On information and belief, the OMAP3630 Series SoC microprocessor used
in Droid X includes an Imagination Technologies PowerVR SGX530 graphics accelerator.

(d) a modeling layer object in the
storage;

The ’599 Accused Products include a modeling layer object in the storage.
• By way of one example, the Droid X utilizes Drawable objects, which contain graphic
data and a method for generating a draw call to a Canvas (i.e., grafport) object. Exh. O7 [Android Developers Site at “public abstract class Drawable”].
• By way of another example, the Droid X utilizes Shape objects, including subclass
objects such as PathShape and RectShape, which contain graphic data and a method for
generating a draw call to a Canvas (i.e., grafport) object. Exh. O-8 [Android
Developers Site-“public abstract class Shape”, “public class PathShape” and “public class
RectShape”].
• By way of another example, the Droid X utilizes View objects, which contain graphic
data and a method for generating a draw call to a Canvas (i.e., grafport) object. Exh. O9 [Android Developers Site-“public class View”].

2

U.S. Patent No. 5,455,599
(e) a grafport object in the
storage;

Infringement Contentions
The ’599 Accused Products include a grafport object in the storage. For example, the Droid X
utilizes Canvas objects which correspond to grafport objects. Exh. O-3 [Android Developers
Site-“class Canvas”]. A Canvas object stores graphic state information, such as a
transformation matrix, a translation, a rotation, and clipping bounds. Id. Further, a Canvas
“works for you as a pretense, or interface, to the actual surface upon which your graphics will be
drawn – it holds all of your ‘draw’ calls. Via the Canvas, your drawing is actually performed
upon an underlying Bitmap, which is placed into the window.” Exh. O-4 [Android Developers
Site-“Graphics”].

3
ERROR! UNKNOWN DOCUMENT PROPERTY NAME.

3

U.S. Patent No. 5,455,599
(f) means for generating calls
from the modeling layer object to
the grafport object using a
predefined set of graphic
primitives;

Infringement Contentions
The ’599 Accused Products include a means for generating calls from the modeling layer object
to the grafport object using a predefined set of graphic primitives.
• By way of one example, the implementation of the draw method in the PathShape object
includes a call to the method canvas.drawPath(path, paint):
public void draw(Canvas canvas, Paint paint) {
canvas.save();
canvas.scale(MScaleX, mScaleY);
canvas.drawPath(mPath, paint);
canvas.restore();
}
Exh O-13 [PathShape.java].
The arguments to this Canvas (i.e., grafport) method include a Path object, which uses a
predefined set of graphics primitives. Specifically, the “Path class encapsulates
compound (multiple contour) geometric paths consisting of straight line segments,
quadratic curves, and cubic curves.” Exh O-14 [Android Developers Site-class “Path”].
• By way of another example, View objects are user interface objects, such as buttons, that
comprise numerous graphic sub-objects. As such, when a View object executes a draw
method, its numerous sub-objects will be drawn, each by the execution of a graphic draw
primitive, such as methods to draw rectangles, lines, bitmaps, and text. Exh. O-15
[View.java].

(g) means for capturing state
information and rendering
information at the grafport
object; and

The ’599 Accused Products include means for capturing state information and rendering
information at the grafport object. For example, the Droid X utilizes Canvas (i.e., grafport)
objects to capture state information and rendering information. State information captured at
the Canvas object includes a transformation matrix, a translation, a rotation, and clipping bounds.
Rendering information at the Canvas object includes a bitmap. Exh. O-3 [Android Developers
Site-class “Canvas”].
4

U.S. Patent No. 5,455,599
(h) means for passing the state
information and the rendering
information to a graphic device
object for output on the graphic
device.

Infringement Contentions
The ’599 Accused Products include means for passing the state and rendering information to a
graphic device object for output on the graphic device. For example, the Droid X allows
different Canvas objects to be created for output to a display, bitmap, or graphic accelerator
(OpenGL). Exh. O-3 [Android Developers Site-class “Canvas”].
These different Canvas objects are implemented using internal classes such as SkCanvas and
SkGLCanvas. When a Canvas object executes a draw method, it passes state and rendering
information to the underlying SkCanvas or SkGLCanvas object. Exh. O-10 [Canvas.cpp,
showing implementation of Canvas methods using calls to SkCanvas and SkGLCanvas classes].
The SkCanvas and SkGLCanvas classes, in turn, execute draw methods by passing state and
rendering information to their corresponding SkDevice and SkGLDevice graphic device objects.
Exh. O-11 [SkCanvas.cpp] and Exh. O-11 [SkGLCanvas.cpp].
The SkDevice and SkGLDevice classes, in turn, output graphic information to their associated
display, bitmap, and graphic accelerator devices. Exhs. O-5 [SkDevice.cpp] and Exh. O-6
[SkGLDevice.cpp].

25. The apparatus as recited in
claim 15, wherein an object
includes a method and data.

A Shape object includes methods such as draw and resize, and includes data such as canvas,
paint, width, and height. Exh. O-8 [Android Developers Site-“public abstract class Shape”].

26. The apparatus as recited in
claim 25, wherein the object is
polymorphic and extensible.

A Shape object is polymorphic and extensible. Shape is declared as an “abstract” class, i.e.,
designed to be subclassed, and is thereby extensible. Polymorphic subclasses of Shape include
PathShape, RectShape, ArcShape, OvalShape, and RoundRectShape. Exh. O-8 [Android
Developers Site-“public abstract class Shape”].

5
ERROR! UNKNOWN DOCUMENT PROPERTY NAME.

5