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 25

Exhibit J – U.S. Patent No. 5,929,852
Motorola directly and/or indirectly infringes at least claims 7 and 11 of the ’852 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 ’852 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 ’852 Accused Products meet the limitations of the asserted claims on the same bases as indicated
for the Droid X, unless otherwise stated.
This infringement is preliminary and based only on publicly available information as to the 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 that
will be infringement. 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 5,929,852

Infringement Contentions

7. Apparatus for efficiently accessing
information from a network resource
located on a computer network for display
on a computer coupled to the network, the
network resource having one or more
associated data types, each data type being

The ’852 Accused Products include an apparatus for efficiently accessing information
from a network resource located on a computer network for display on a computer
coupled to the network, the network resource having one or more associated data types,
each data type being accessible by a corresponding object-oriented software component.

1

The ’852 Accused Products are computers coupled to a computer network.
• For example, the Motorola Droid X includes a Texas Instruments OMAP3630-

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’852 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 5,929,852
accessible by a corresponding objectoriented software component, the
apparatus comprising:

Infringement Contentions
1000 1GHz processor See Exh. J-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. J-2 [Droid X by
Motorola Tech Specs]. Accordingly, the Droid X is a computer.
Moreover, the ’852 Accused Products are coupled to computer networks, such as the
Internet via cellular and wireless networks. Id.
The ’852 Accused Products efficiently access information from a network resource.
• For example. the ’852 Accused Products use widgets to allow a user to access
information from a network resource and to display network information to a
user. See Exh. J-3 [Android Developer Site - “App Widgets”]; see also Exh.
J-4 [Droid X By Motorola User Guide] at p.8. A widget includes data located
on the Internet of various types, such as text and images. Each such data type is
accessible by a corresponding object-oriented software component. See Exh. J3 [Android Developer Site - “App Widgets”].

an object-oriented software component
architecture layer configured to define at
least one network component that
integrates the object-oriented software
components needed to access the one or
more data types associated with the
network resource; and

The ’852 Accused Products include an object-oriented software component architecture
layer that is configured to define at least one network component that integrates the
object-oriented software components needed to access the one or more data types
associated with the network resource.
• For example, the Android framework is object-oriented; its applications are
written using the Java programming language. See Exh. J-5 [Android
Developer Site - “Application Fundamentals”].
Moreover, the Android software framework defines components, including network
components. In general, Android applications are composed of essential components
that the system can instantiate and run as needed. Id.
• For example, Android includes Java classes designed to access services directed
to the computer network, such as the URLStreamHandler and URLConnection
classes, along with the HttpURLConnection, HttpsURLConnection, and
JarURLConnection classes, which are subclasses of the URLConnection class.
See, e.g., Exh. J-6 [Android Developer Site - “java.net.HttpURLConnection”];
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U.S. Patent 5,929,852

Infringement Contentions
Exh. J-7 [Android Developer Site - “java.net.URLStreamHandler”]; Exh. J-8
[Android Developer Site - “java.net.URLConnection”]; Exh. J-9 [Android
Developer Site - “java.net.JarURLConnection”]; and Exh. J-11 [Android
Developer Site-“javax.net.ssl,HttpsURLConnection”]. The combination of these
classes defines the network component layer.
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. J-10 [Android Developer Site“What is Android?”].
• For example, the Droid X includes a weather widget, news application, and
news and weather application, which integrate the object-oriented software
components needed to access data types associated with the network resources.
See Exh. J-3 [Android Developer Site - “App Widgets”]; see also Exh. J-4
[Droid X By Motorola User Guide] at p.8.

Closed Weather Widget on Droid X, Source: Droid X
3

U.S. Patent 5,929,852
an encapsulated network entity
component cooperating with the
component architecture layer and
containing a reference to the network
resource and an identifier for the at least
one network component that was defined
for the network resource

Infringement Contentions
The ’852 Accused Products include an encapsulated network entity component
cooperating with the component architecture layer and containing a reference to the
network resource and an identifier for the at least one network component that was
defined for the network resource.
• For example, on information and belief, Droid X’s weather widget, for example,
has at least one object corresponding to an encapsulated entity that contains a
reference to a location of the network resource on the computer network.
• For example, the weather widget contains the contents of a referenced network
resource, such as a URL for a webpage, and can display the content on the Droid
X display screen.
Moreover, the weather widget on the Droid X, for example, also identifies the at least one
network component that was defined for each of the network resources.
• For instance, the weather widget in the Motorola Droid X defines that, when a
user taps on the widget, the Droid X should open the Weather widget. See Exh.
J-3 [Android Developer Site - “App Widgets”]. The user may further change
the temperature units or add location when the weather widget is open. Id.

4

U.S. Patent 5,929,852

Infringement Contentions

Weather Widget Settings on Droid X, Source: Droid X
wherein, the encapsulated network entity
component is manifested as visual object
on a display screen of the computer and

The ’852 Accused Products include an encapsulated network entity component that is
manifested as a visual object on a display screen of the computer.
• For example, in the Droid X, the weather widget is manifested as a visual object
on the Droid X computer display screen. See Exh. J-4 [Droid X By Motorola
User Guide] at p.8.

5

U.S. Patent 5,929,852

Infringement Contentions

Closed Weather Widget on Droid X, Source: Droid X
further wherein, the encapsulated network
entity component is adapted for
manipulation by a pointing device of the
computer to display contents of the
network resource on the screen by
invoking the object-oriented software
components integrated by the at least one
identified network component.

The ’852 Accused Products include an encapsulated network entity component that is
adapted for manipulation by a pointing device of the computer to display contents of the
network resource on the screen by invoking the object-oriented software components
integrated by the at least one identified network component.
• For example, when a user touches the weather widget on the Droid X, the Droid
X responds by invoking the object-oriented software comprising the weather
widget, and displaying the contents of the widget on the Droid X’s display. See
Exh. J-4 [Droid X By Motorola User Guide] at p.8.

6

U.S. Patent 5,929,852

Infringement Contentions

Open Weather Widget on Droid X, Source: Droid X
8. The apparatus of claim 7 further
comprising:
an operating system interfacing with the
component architecture layer to control
the operations of the computer; and
a network component layer coupled to the
component architecture layer to form a
cooperating component computing
arrangement.

The ’852 Accused Products include the apparatus of claim 7 further comprising an
operating system interfacing with the component architecture layer to control the
operations of the computer and a network component layer coupled to the component
architecture layer to form a cooperating component computing arrangement.
• For example, Android is composed of multiple layers, such as layers that include
applications, application frameworks, core libraries, and the underlying Linux
kernel, which interface with each other. See Exh. J-10 [Android Developer
Site - “What is Android?”].
Moreover, Android includes low level code that implements the basic Java class
structure. This layer, which is implemented by the Dalvik Virtual Machine, interfaces
with the operating system to control the operations of the computer. Id.
Moreover, the Android software framework defines components, including network
7

U.S. Patent 5,929,852

Infringement Contentions
components. In general, Android applications are composed of essential components
that the system can instantiate and run as needed. Id.
• For example, Android includes Java classes designed to access services directed
to the computer network, such as the URLStreamHandler and URLConnection
classes, along with the HttpURLConnection, HttpsURLConnection, and
JarURLConnection classes, which are subclasses of the URLConnection class.
See, e.g., Exh. J-6 [Android Developer Site - “java.net.HttpURLConnection”];
Exh. J-7 [Android Developer Site - “java.net.URLStreamHandler”]; Exh. J-8
[Android Developer Site - “java.net.URLConnection”]; Exh. J-9 [Android
Developer Site - “java.net.JarURLConnection”]; and Exh. J-11 [Android
Developer Site-“javax.net.ssl,HttpsURLConnection”]. The combination of these
classes defines the network component layer.
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. J-10 [Android Developer Site“What is Android?”]
Moreover, the network component layer and the component architecture layer in the ’852
Accused Products are coupled in integrating relation to form a cooperating component
computing arrangement.
• For example, components within the software component architecture layer take
advantage of the network-directed services provided by network components,
thus coupling the component architecture layer and the network component
layer in integrating relation. See Exh. J-5 [Android Developer Site “Application Fundamentals”].

9. The apparatus of claim 8 wherein the
cooperating component computing
arrangement generates the encapsulated
network entity.

The ’852 Accused Products include the apparatus of claim 8 wherein the cooperating
component computing arrangement generates the encapsulated network entity.
• For example, in the Droid X, the Android framework generates the weather
widget, which encapsulates the weather data from the network. See Exh. J-3
[Android Developer Site - “App Widgets”]; see also Exh. J-4 [Droid X By
Motorola User Guide] at p.8.
8

U.S. Patent 5,929,852

Infringement Contentions

10. The apparatus of claim 9 wherein the
reference to the network resource is a
pointer that identifies the address of the
network resource on a computer network.

The ’852 Accused Products include the apparatus of claim 9 wherein the reference to the
network resource is a pointer that identifies the address of the network resource on a
computer network.

11. The apparatus of claim 10 wherein the
pointer is a uniform resource locator.

The ’852 Accused Products include the apparatus of claim 10 wherein the pointer is a
uniform resource locator.

• For instance, in the Droid X, the widget includes a pointer, for example, a
uniform resource locator, that can be resolved to the network address of the
network resource. See Exh. J-3 [Android Developer Site - “App Widgets”];
see also Exh. J-4 [Droid X By Motorola User Guide] at p.8.

• For example, the weather widget in the Droid includes a pointer, which is a
uniform resource locator. See Exh. J-3 [Android Developer Site - “App
Widgets”]; see also Exh. J-4 [Droid X By Motorola User Guide] at p.8.

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