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 23

Exhibit E – U.S. Patent No. 6,424,354
Motorola directly and/or indirectly infringes at least claims 1 and 41 of the ’354 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 ’354 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 ’354 Accused Products meet the limitations of the asserted claims on the same
bases as indicated for the Droid X, unless otherwise stated.
In addition to Motorola’s direct infringement of the claims of the ’354 patent through its development, testing, manufacture
and use of its devices, Motorola also indirectly infringes claims 1 and 41 of the ’354 patent. Manufacturers, retailers, distributors,
end-users and others in the distribution channel of the ’354 Accused Products directly infringe these claims by using, selling, offering
for sale, and/or importing these devices into the United States. Motorola contributes to and induces the infringement of asserted
claims 1 and 41 through its promotion and provision of intentional marketing, sale and/or technical support of the ’354 Accused
Products and associated specialized components in the United States, and through the intentional design, marketing, manufacture, sale,
and/or technical support of the ’354 Accused Products abroad to induce direct infringement in the United States. Motorola
supplies ’354 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 ’354 patent and did so with specific intent to encourage direct
infringement. Additionally, the ’354 Accused Products have no substantial non-infringing uses.
These infringement contentions are preliminary and based only on publicly available information as to the ’354 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

1

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’354 Patent.
Apple reserves the right to supplement this analysis and this list of accused products as discovery into these newly announced products
progresses.

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. 6,424,354

Infringement Contentions

1. A method for operating a computerThe ’354 Accused Products perform a method for operating a computer-implemented
implemented event notification system for event notification system for propagating, among a plurality of objects, events
propagating, among a plurality of objects, representing changes in the objects.
events representing changes in the
• For example, the Motorola Droid X includes a Texas Instruments OMAP3630
objects, the operating method comprising
processor for executing applications such as web browsers, email clients, and
the steps of:
telephony applications, and is therefore a computer. See Exh. E-8 [Motorola
Droid X Specification].
•

For example, Android uses objects called “Intents” to broadcast event
notifications: “[a]n intent is an abstract description of an operation to be
performed. It can be used with . . . broadcastIntent to send it to any interested
BroadcastReceiver components.” See Exh. E-1 [Android Dev Site, “Intent”].
Interested objects can register to receive broadcasts of intents that they are
interested in: the Context.registerReceiver() method will “[r]egister a
BroadcastReceiver to be run in the main activity thread. The receiver will be
called with any broadcast Intent that matches filter, in the main application
thread.” See Exh. E-2 [Android Dev Site, “Context”]. An event producer can
then use the Context.sendBroadcast() method to “[b]roadcast [a] given intent to
all interested BroadcastReceivers.” Id.

The events propagated by the ’354 Accused Products include, among other things, events
representing changes in objects.
•

For example, the ’354 Accused Products include a Settings application that
includes a “Wireless controls” screen that includes a checkbox user interface
element that controls whether the phone is in “Airplane mode,” in which all of its
wireless transceivers, including its Bluetooth transceiver, are disabled.

2

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

Infringement Contentions

Fig. 1, Motorola Droid X with Airplane mode disabled.
•

For example, the ’354 Accused Products further include an AirplaneModeEnabler
object that tracks the Airplane mode checkbox state. Among other things, this
object includes the setAirplaneModeOn() method. In this method, the state of
the system object is changed using the Settings.System.putInt() method, so that
this object includes the AIRPLANE_MODE_ON state. The
setAirplaneModeOn() method then use the Context.sendBroadcast() method to
send an event representing the change in the Airplane Mode state that was
3

U.S. Patent No. 6,424,354
(a) creating, on behalf of a first object,
connection information representing the
first object's interest in, and an associated
object method for, receiving notification
of a change to a second object;

Infringement Contentions
reflected in the system object. See Exh. E-3 [AirplaneModeEnabler.java].
The ’354 Accused Products perform the step of creating, on behalf of a first object,
connection information representing the object’s interest in, and an associated object
method for, receiving a notification.
•

For example, the Context.registerReceiver() method allows an object to
“[r]egister to receive intent broadcasts, to run in the main activity thread.” See
Exh. E-2 [Android Dev Site, “Context”]. This method takes two arguments,
called “receiver” and “filter.” The receiver argument points to an object method
to be called to receive notification of a change to a second object: “The receiver
will be called with any broadcast intent that matches filter, in the main
application thread.” Id. The filter parameter that is passed to registerReceiver()
is an object of type IntentFilter, and “[s]elects the Intent broadcasts to be
received.” Id. The IntentFilter includes a “[s]tructured description of values to
be matched. An IntentFilter can match against actions, categories, and data
(either via its type, scheme, and/or path) in an Intent. It also includes a “priority”
value which is used to order multiple matching filters.” See Exh. E-4 [Android
Dev Site, “IntentFilter”].

•

For example, in the ’354 Accused Products, objects instantiated from the class
BluetoothService constitute part of the software interface to the Bluetooth
hardware device; methods in this class “[b]ring down bluetooth” and “tur[n]
on/off the underlying hardware.” See Exh. E-5 [BluetoothService.java].
These
objects contain an initialization method, init(), which “[m]ust be called after
construction, and before any other method.” This init() method calls the
BluetoothService method registerForAirplaneMode(), which registers a receiver
called mReceiver that includes an IntentFilter that is designed to receive events of
type ACTION_AIRPLANE_MODE_CHANGED. Id. The mReceiver object is
an instance of BroadcastReceiver instantiated by BluetoothService. Id. In
addition, mReceiver constitutes an object method for receiving notification of the
registered events. Id. The intent ACTION_AIRPLANE_MODE_CHANGED
is defined in the class android.content.Intent. See, Exh. E-6 [Intent.java]. The
call to registerReceiver above includes, via the IntentFilter object, information
representing the BluetoothService’s interest in events of type
4

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

(b) registering the connection information
with a connection object;

Infringement Contentions
ACTION_AIRPLANE_MODE_CHANGED. The call further includes, in the
form of the mReceiver object, information representing an object method for
receiving information of events of type
ACTION_AIRPLANE_MODE_CHANGED. The object method of mReceiver
which receives the notification is called onReceive(), inherited from
BroadcastReceiver, which notes that “[t]his method [onReceive()] is called when
the BroadcastReceiver is receiving an Intent broadcast.” See Exh. E-7 [Android
Dev Site, “BroadcastReceiver”].
The ’354 Accused Products perform the step of registering the connection information
with a connection object.
•

For example, Android’s BroadcastReceiver class is the “[b]ase class for code that
will receive intents sent by sendBroadcast(). You can either dynamically register
an instance of this class with Context.registerReceiver() or statically publish an
implementation through the <receiver> tag in your AndroidManifest.xml.” See
Exh. E-7 [Android Dev Site, “BroadcastReceiver”]. The registerReceiver()
method is a method associated with the Context object, with which the relevant
connection information is registered.
The Context.registerReceiver() method, which “[r]egister[s] a BroadcastReceiver
to be run in the main activity thread,” registers connection information with the
Context object. See Exh. E-2 [Android Dev Site, “Context”]. This information
includes, among other things, a BroadcastReceiver object and an IntentFilter
object. Id. The BroadcastReceiver object includes “code that will receive
intents sent by sendBroadcast()” See Exh. E-7 [Android Dev Site,
“BroadcastReceiver”]. The IntentFilter object includes a “[s]tructured
description of Intent values to be matched” to filter out only those events the
BroadcastReceiver wishes to receive. See Exh. E-4 [Android Dev Site,
“IntentFilter”].

•

For example, as described above the BluetoothService object within the ’354
Accused Products uses the Context.registerReceiver() method to register
connection information regarding its interest in the
ACTION AIRPLANE MODE CHANGED intent with an appropriate Context
5

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

Infringement Contentions
object.

(c) creating an event representing a
change in the second object, responsive to
the change in the second object; and

The ’354 Accused Products perform the step of creating an event representing a change
in the second object, responsive to the change in the second object.
For example, an object that produces a notification may call the
Context.sendBroadcast() method to “[b]roadcast the given intent to all interested
BroadcastReceivers. This call is asynchronous; it returns immediately, and you
will continue executing while the receivers are run.” See Exh. E-2 [Android
Dev Site, “Context”].

•

(d) notifying the first object of the event
by invoking the associated object method
for receiving notification registered with
the connection object only if the event
information corresponds to an interest
registered on behalf of the first object.

•

For example, when the Airplane mode checkbox in the “Wireless controls” screen
of the Settings application is checked (changed to the on state), the state of the
system settings object is changed to AIRPLANE_MODE_ON, and an
ACTION_AIRPLANE_MODE_CHANGED Intent is created. See Exh. E-3
[AirplaneModeEnabler.java].

The ’354 Accused Products perform the step of notifying the first object of an event by
invoking the associated object method for receiving notification registered with the
connection object only if the event information corresponds to an interest registered on
behalf of the first object.
For example, the Context.registerReceiver() method “[r]egister[s] a
BroadcastReceiver to be run in the main activity thread. The receiver will be
called with any broadcast Intent that matches filter, in the main application
thread.” See Exh. E-2 [Android Dev Site, “Context”]. Thus, when a broadcast
Intent matches the filter settings registered by a receiver, the object method
onReceive() of the receiver that has been registered with the Context object using
the registerReceiver() method will be called.

•

41. A method for operating a computer-

•

For example, when the action ACTION_AIRPLANE_MODE_CHANGED intent
is broadcast, the onReceive() method of the mReceiver that was registered with
the context object using the registerForAirplaneMode() method in the
BluetoothService class will be invoked.

The ’354 Accused Products perform a method for operating a computer-implemented
6

U.S. Patent No. 6,424,354
Infringement Contentions
implemented event notification system for event notification system for propagating, among a plurality of objects, events
propagating, among a plurality of objects, representing changes in the objects.
events representing changes in the
• For example, the Motorola Droid X includes a Texas Instruments OMAP3630
objects, the operating method comprising
processor for executing applications such as web browsers, email clients, and
the steps of:
telephony applications, and is therefore a computer. See Exh. E-8 [Motorola
Droid X Specification].
•

For example, Android uses objects called “Intents” to broadcast event
notifications: “[a]n intent is an abstract description of an operation to be
performed. It can be used with . . . broadcastIntent to send it to any interested
BroadcastReceiver components.” See Exh. E-1 [Android Dev Site, “Intent”].
Interested objects can register to receive broadcasts of intents that they are
interested in: the registerReceiver method will “[r]egister a BroadcastReceiver to
be run in the main activity thread. The receiver will be called with any broadcast
Intent that matches filter, in the main application thread.” See Exh. E-2
[Android Dev Site, “Context”]. An event producer can then use the
sendBroadcast method to “[b]roadcast [a] given intent to all interested
BroadcastReceivers.” Id.

The events propagated by the ’354 Accused Products include, among other things, events
representing changes in objects.
•

For example, the ’354 Accused Products include a Settings application that
includes a “Wireless controls” screen that includes a checkbox user interface
element that controls whether the phone is in “Airplane mode,” in which all of its
wireless transceivers, including its Bluetooth transceiver, are disabled.

7

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

Infringement Contentions

Fig. 1, Motorola Droid X with Airplane mode disabled.
•

For example, the ’354 Accused Products further include an AirplaneModeEnabler
object that tracks the Airplane mode checkbox state. Among other things, this
object includes the setAirplaneModeOn() method. In this method, the state of
the a system object is changed using the Settings.System.putInt() method, so that
this object now includes the AIRPLANE_MODE_ON state. The
setAirplaneModeOn() method then use the sendBroadcast method to send an
event representing the change in the Airplane Mode state that was reflected in the
8

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

Infringement Contentions
system object. See Exh. E-3 [AirplaneModeEnabler.java].

(a) creating, on behalf of a receiver object, The ’354 Accused Products perform the step of creating, on behalf of a receiver object,
connection information representing the
connection information representing the receiver object’s interest in, and an associated
receiver object's interest in, and an
object method for, receiving a notification regarding a change in a source object.
associated object method for, receiving
• For example, the registerReceiver method allows an object to “[r]egister to
notification of a change to a source object:
receive intent broadcasts, to run in the main activity thread.” See Exh. E-2
[Android Dev Site, “Context”]. This method takes two arguments, called
“receiver” and “filter.” The receiver argument points to an object method to be
called to receive notification of a change to a second object: “The receiver will be
called with any broadcast intent that matches filter, in the main application
thread.” Id. The filter parameter that is passed to RegisterReceiver is an object
of type IntentFilter, and “[s]elects the Intent broadcasts to be received.” Id. The
IntentFilter includes a “[s]tructured description of values to be matched. An
IntentFilter can match against actions, categories, and data (either via its type,
scheme, and/or path) in an Intent. It also includes a “priority” value which is
used to order multiple matching filters.” See Exh. E-4 [Android Dev Site,
“IntentFilter”].
•

For example, in the ’354 Accused Products, objects instantiated from the class
BluetoothService constitute part of the software interface to the Bluetooth
hardware device; methods in this class “[b]ring down bluetooth” and “tur[n]
on/off the underlying hardware.” See Exh. E-5 [BluetoothService.java].
These
objects contain an initialization method, init(), which “[m]ust be called after
construction, and before any other method.” This init() method calls the
BluetoothService method registerForAirplaneMode(), which registers a receiver
called mReceiver that includes an IntentFilter that is designed to receive events of
type ACTION_AIRPLANE_MODE_CHANGED. Id. The mReceiver object is
an instance of BroadcastReceiver instantiated by BluetoothService. Id. In
addition, mReceiver constitutes an object method for receiving notification of the
registered events. Id. The intent ACTION_AIRPLANE_MODE_CHANGED
is defined in the class android.content.Intent. See, Exh. E-6 [Intent.java]. The
call to registerReceiver above includes, via the IntentFilter object, information
9

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

(b) registering the connection information
using a connection object;

Infringement Contentions
representing the BluetoothService’s interest in events of type
ACTION_AIRPLANE_MODE_CHANGED. The call further includes, in the
form of the mReceiver object, information representing an object method for
receiving information of events of type
ACTION_AIRPLANE_MODE_CHANGED. The object method of mReceiver
which receives the notification is called onReceive(), inherited from
BroadcastReceiver, which notes that “[t]his method [onReceive()] is called when
the BroadcastReceiver is receiving an Intent broadcast.” See Exh. E-7 [Android
Dev Site, “BroadcastReceiver”].
The ’354 Accused Products perform the step of registering the connection information
using a connection object.
•

For example, Android’s BroadcastReceiver class is the “[b]ase class for code that
will receive intents sent by sendBroadcast(). You can either dynamically register
an instance of this class with Context.registerReceiver() or statically publish an
implementation through the <receiver> tag in your AndroidManifest.xml.” See
Exh. E-7 [Android Dev Site, “BroadcastReceiver”]. The registerReceiver()
method is a method associated with the Context object, with which the relevant
connection information is registered.
The registerReceiver() method, which “[r]egister[s] a BroadcastReceiver to be
run in the main activity thread,” registers connection information with the
Context object. See Exh. E-2 [Android Dev Site, “Context”]. This information
includes, among other things, a BroadcastReceiver object and an IntentFilter
object. Id. The BroadcastReceiver object includes “code that will receive
intents sent by sendBroadcast()” See Exh. E-7 [Android Dev Site,
“BroadcastReceiver”]. The IntentFilter object includes a “[s]tructured
description of Intent values to be matched” to filter out only those events the
BroadcastReceiver wishes to receive. See Exh. E-4 [Android Dev Site,
“IntentFilter”].

•

For example, as described above the BluetoothService object within the ’354
Accused Products uses the registerReceiver() method to register connection
information regarding its interest in the
10

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

(c) creating an event representing a
change in the source object, responsive to
the change in the source object;

Infringement Contentions
ACTION_AIRPLANE_MODE_CHANGED intent with an appropriate Context
object.

The ’354 Accused Products perform the step of creating an event representing a change
in the source object, responsive to the change in the source object.
For example, an object that produces a notification may call the sendBroadcast()
method to “[b]roadcast the given intent to all interested BroadcastReceivers.
This call is asynchronous; it returns immediately, and you will continue executing
while the receivers are run.” See Exh. E-2 [Android Dev Site, “Context”].

•

(d) notifying the receiver object of the
event by invoking the associated object
method for receiving notification
registered using the connection object
only if the event information corresponds
to an interest registered on behalf of the
receiver object; and

•

For example, when the Airplane mode checkbox in the “Wireless controls” screen
of the Settings application is checked (changed to the on state), the state of the
system settings object is changed to AIRPLANE_MODE_ON, and an
ACTION_AIRPLANE_MODE_CHANGED Intent is created. See Exh. E-3
[AirplaneModeEnabler.java].

The ’354 Accused Products perform the step of notifying the receiver object of an event
by invoking the associated object method for receiving notification registered using the
connection object only if the event information corresponds to an interest registered on
behalf of the receiver object.
•

For example, the registerReceiver() method “[r]egister[s] a BroadcastReceiver to
be run in the main activity thread. The receiver will be called with any broadcast
Intent that matches filter, in the main application thread.” See Exh. E-2
[Android Dev Site, “Context”]. Thus, when a broadcast Intent matches the filter
settings registered by a receiver, the object method onReceive() of the receiver
that has been registered with the Context object using the registerReceiver()
method will be called.

•

For example, when the action ACTION_AIRPLANE_MODE_CHANGED intent
is broadcast, the onReceive() method of the mReceiver that was registered with
the context object using the registerForAirplaneMode() method in the
BluetoothService class will be invoked.
11

U.S. Patent No. 6,424,354
(e) using the connection information in
the connection object to configure status
information to enable the notifying step
(d).

Infringement Contentions
The ’354 Accused Products perform the step of using the connection information in the
connection object to configure status information to enable the notifying step (d).
•

For example, the ’354 Accused Products can use information regarding a
receiver stored in their Context objects to determine whether the receiver has
the appropriate permission status to allow notification to occur. The method
sendBroadcast(Intent intent, String ReceiverPermission) is used to “[b]roadcast
the given Intent to all interested BroadcastReceivers, allowing an optional
permission to be enforced.” In particular, the ReceiverPermission argument is
used to “nam[e] permissions that a receiver must hold in order to receive your
broadcast.” See Exh. E-2 [Android Dev Site, “Context”]. If a given receiver
does have the required information, notifications to it will be enabled.

12