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 24

Exhibit D – U.S. Patent No. RE 39,486
Motorola directly and/or indirectly infringes at least claim 1 of the RE ’486 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: Atrix, Bravo, Cliq, Cliq XT, Cliq 2, Charm, Defy, BackFlip, Devour, Droid, Droid 2, Droid 2 Global, Droid X, Droid Pro,
Flipout, Flipside, i1, and Xoom (collectively, “the RE ’486 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 RE ’486 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 RE ’486 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. RE 39,486
1. An extensible and replaceable layered
component computing arrangement
residing on a computer coupled to a
computer network, the layered
arrangement comprising:

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Infringement Contentions
The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement residing on a computer coupled to a computer network.
The RE ’486 Accused Products are computers.
• For example, the Motorola Droid X includes a Texas Instruments OMAP36301000 1GHz processor. See Exh. D-1 [Droid X by Motorola MotoDev Specs]
and is capable of executing numerous computer programs such as email
programs, web browsers, and instant messaging applications. See Exh. D-2

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the RE’486 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. RE 39,486

Infringement Contentions
[Droid X by Motorola Tech Specs]. Accordingly, the Droid X is a computer.
Moreover, the RE ’486 Accused Products are coupled to a computer network. Among
other things, the RE ’486 Accused Products are coupled to the Internet via cellular and
wireless networks. Id.
The RE ’486 Accused Products include an extensible and replaceable layered component
computing arrangement.
• For example, Android’s application framework enables “reuse and replacement
of components.” Exh. D-3 [Android Developer Site-“What is Android?”]. A
central feature of Android is that one application can make use of elements of
other applications (provided those applications permit it). For this to work, the
system must be able to start an application process when any part of it is needed,
and instantiate the Java objects for that part. Therefore, unlike applications on
most other systems, Android applications don’t have a single entry point for
everything in the application (no main () function, for example). Rather, they
have essential components that the system can instantiate and run as needed.
Exh. D-4 [Android Developer Site-“Application Fundamentals”].
The extensible and replaceable software architecture provided by Android is a layered
architecture. See Exh. D-3 [Android Developer Site-“What is Android?”].
• For example, Android is composed of multiple layers, such as layers that
include applications, application frameworks, core libraries, and the underlying
Linux kernel:

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U. S. Patent No. RE 39,486

Infringement Contentions

Exh. D-3 [Android Developer Site-“What is Android?”]
a software component architecture layer
The RE ’486 Accused Products include a software component architecture layer
interfacing with an operating system to
interfacing with an operating system to control the operations of the computer, and
control the operations of the computer, the defining a plurality of components.
software component architecture layer
• For example, Android includes low level code that implements the basic Java
defining a plurality of components; and
class structure. This layer, which is implemented by the Dalvik Virtual
Machine, interfaces with the operating system to control the operations of the
computer. See Exh. D-3 [Android Developer Site-“What is Android?”].
a network component layer for developing The RE ’486 Accused Products include a network component layer for developing
network navigation components that
network navigation components that provide services directed at a computer network,
provide services directed to the computer which layer includes application programming interfaces.
network, the network component layer
• For example, Android includes Java classes designed to access services directed
includes application programming
to the computer network, such as the URLStreamHandler and URLConnection
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U. S. Patent No. RE 39,486
interfaces; and

Infringement Contentions
classes, along with the HttpURLConnection, HttpsURLConnection, and
JarURLConnection classes, which are subclasses of the URLConnection class.
See, e.g., Exh. D-5 [Android Developer Site-“java.net.URLStreamHandler”],
Exh. D-6 [Android Developer Site-“java.net.URLConnection”], Exh. D-7
[Android Developer Site-“java.net.HttpURLConnection”], Exh. D-8 [Android
Developer Site-“java.net.JarURLConnection”], and Exh. D-11 [Android
Developer Site-“javax.net.ssl,HttpsURLConnection”]. The combination of
these classes defines the network component layer. The methods for
implementing those classes are in the form of application programming
interfaces. See Exh. D-4 [Android Developer Site-“Application
Fundamentals”]. The network component layer in Android is designed to be
used in developing network navigation components, such as web browsers,
email viewers, and similar applications, which provide services directed to the
network. See Exh. D-3 [Android Developer Site-“What is Android?”]
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”). See Exh. D-9 [Android Developer Site“Android Cloud to Device Messaging”]. “[C2DM] is a service that helps developers
send data from servers to their applications on Android devices. The service provides a
simple, lightweight mechanism that servers can use to tell mobile applications to contact
the server directly, to fetch updated application or user data. The C2DM service handles
all aspects of queueing of messages and delivery to the target application running on the
target device.” Exh. D-10 [Google Code at “Google Projects for Android: C2DM”].
The C2DM framework on the accused devices includes a network component layer
enabling software developers to create network navigation components that receive
C2DM messages.
• For example, on information and belief, the C2DM framework includes the
com.google.android.c2dm package. Id.
Furthermore, the C2DM framework includes application programming interfaces. See
Exh. D-9 [Android Developer Site-“Android Cloud to Device Messaging”].
• For example, it includes a library of classes, such as C2DMessaging, that enable
applications to interoperate with the C2DM service. See Exh. D-10 [Google
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U. S. Patent No. RE 39,486

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Code at “Google Projects for Android: C2DM”].

a first class included in the application
programming interface to construct a first
network navigation object that represents
different network resources available on
the computer network, wherein the
network component layer coupled to the
software component architecture layer in
integrating relation to facilitate
communication among the computing and
network navigation components.

The RE ’486 Accused Products include a first class included in an application
programming interface to construct a first network navigation object that represents
different network resources available on the computer network.
• For example, Android includes a URLConnection class that constructs a first
network navigation object. Object instantiations of that class represent different
network resources available on the computer network. See Exh. D-6 [Android
Developer Site-“java.net.URLConnection”]
Moreover, the network component layer is coupled to the software component
architecture layer in the RE ’486 Accused Products in integrating relation to facilitate
communication among the computing and network navigation components.
• For example, components within the software component architecture take
advantage of the network-directed services provided by network components,
thus coupling the software component architecture layer and the network
component layer in integrating relation. See Exh. D-4 [Android Developer
Site-“Application Fundamentals”].
The RE ’486 Accused Products with the Android 2.2 Platform installed include Android
Cloud to Device Messaging (“C2DM”), which includes the application programming
interface with a first class to construct a first network navigation object that represents
different network resources available on the computer network.
• For example, the C2DM application programming interface includes the
C2DMessaging class, which provides methods to construct objects that
represent different network resources available on the computer network. Exh.
D-10 [Google Code at “Google Projects for Android: C2DM”].
• For example, the C2DMessaging.register method allows an application such as
Google Chrome to Phone to register for the C2DM service. Exh. D-10 [Google
Code at “Google Projects for Android: C2DM”].
Moreover, the network component layer and the software component architecture layer
for the C2DM are coupled in integrating relation to facilitate communication between the
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U. S. Patent No. RE 39,486

Infringement Contentions
computing and network navigation components.
• For example, software components such as the C2DM Main activity make calls
to the C2DMessaging class in order to accomplish such tasks as registering to
receive C2DM messages. Exh. D-10 [Google Code at “Google Projects for
Android: C2DM”].

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