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 26

Exhibit I – U.S. Patent No. 5,946,647
Motorola directly and/or indirectly infringes at least claims 1 and 8 of the ’647 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 and Xoom (collectively, “the ’647 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 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 ’647 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. 5,946,647
1. A computer-based system
for detecting structures in data
and performing actions based
on detected structures,
comprising:
an input device for receiving

Infringement Contentions
The ’647 Accused Products comprise computer-based systems for detecting structures in
data and performing actions based on detecting structures, and comprises an input device for
receiving data.
•

By way of one example, the Droid X includes Android’s “Linkify” functionality,
which “take[s] a piece of text and a regular expression and turns all of the regex
matches in the text into clickable links. This is particularly useful for matching

1

Motorola has announced additional smartphones including XRT and Titanium which may also infringe the ’647 Patent.
Apple reserves the right to supplement this analysis and this list of accused products as discovery into these newly announced
products
progresses.

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data;

Infringement Contentions
things like email addresses, Internet Uniform Resource Locators (URL), etc. and
making them actionable.” Exh. I-1 [Android Developer Site at Linkify]. In
particular, the matching functionality within Android’s “Linkify” engine searches
text strings for structures representative of Internet URLs, telephone numbers, email
addresses, and map addresses. Id.
•

By way of example, as shown below, the Droid X’s Instant Message (IM) and
Multimedia Messaging Service (MMS) applications are able to detect and perform
actions based on data structures such as telephone numbers, Internet pages, physical
addresses, and e-mail addresses.

The ’647 Accused Products include an input device for receiving data.
•

By way of one example, the Motorola Droid X has a Texas Instruments OMAP3630
Series SoC CPU, runs version 2.1 of the Android operating system, and executes
applications such as a telephony application, an email application, and messaging
applications, camera applications, music applications, video/display applications;
has a keyboard input interface; and can receive and transmit data using Bluetooth,
WiFi (WLAN) and 3G, or from memory via, for example, busses. Exh. I-2 [Droid
X Developer Specifications]. The OMAP processor receives computer data using
the Android operating system and applications. Exh. I-3 [OMAP 3 Family of
Multimedia Applications Processors].

an output device for presenting
the data;

The ’647 Accused Products include an output device for presenting the data.

a memory storing information
including program routines
including

The ’647 Accused Products include memory storing information including program
routines.

•

•

The Motorola Droid X includes a 4.3 inch WVGA touchscreen that serves as an
output device for presenting data. Exh. I-2 [Droid X Developer Specifications].

The Motorola Droid X includes 8 GB of on board memory, as well as 512 MB of
RAM, which stores program routines, including the device’s Android operating
system and applications on the device. Exh. I-2 [Droid X Developer
Specifications].
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U.S. Patent No. 5,946,647
an analyzer server for detecting
structures in the data and for
linking actions to the detected
structures;

Infringement Contentions
The ’647 Accused Products have an analyzer server for detecting structures in data and for
linking actions to the detected structures.
•

By way of one example, the Droid X includes Android’s “Linkify” functionality,
which “take[s] a piece of text and a regular expression and turns all of the regex
matches in the text into clickable links. This is particularly useful for matching
things like email addresses, Internet URLs, etc. and making them actionable.” Exh.
I-1 [Android Developer Site at Linkify]. In particular, the matching functionality
within Android’s “Linkify” engine searches text strings for structures representative
of Internet URLs, telephone numbers, email addresses, and map addresses. Id.

•

By way of an example, when the Droid X receives a message comprising an e-mail
address using the IM or MMS applications, the Droid X detects the e-mail address
information and links actions to it, such as composing an e-mail to that address in email applications on the device. See screenshots below.

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U.S. Patent No. 5,946,647
a user interface enabling the
selection of a detected
structure and a linked action;
and

Infringement Contentions
The ’647 Accused Products include a user interface enabling the selection of a detected
structure and a linked action.
•

By way of one example, functionality in the Droid X’s IM and MMS applications
detect and allow all telephone numbers found in an e-mail to be used as links. The
user interface enables the user to select a detected data structure, such as a telephone
number (shown above), Internet page, physical address, used as links. The user
may then select a detected structure by tapping the touchscreen area over the
detected structure, which will enable a linked action to be selected.

•

By was of one example, if an e-mail address is clicked in a message received in the
IM or MMS applications on the Droid X, a menu of actions to perform using the email address is presented to the user. See screenshots below.

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U.S. Patent No. 5,946,647
an action processor for
performing the selected action
linked to the selected structure;
and

Infringement Contentions
The ’647 Accused Products include an action processor for performing the selected action
linked to the selected structure.
•

By way of one example, when a user clicks on a an e-mail in the Droid X’s IM or
MMS applications, the Droid X will launch a menu allowing the user to send an email to that address using the e-mail applications on the device. See screenshots
below.

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U.S. Patent No. 5,946,647
a processing unit coupled to
the input device, the output
device, and the memory for
controlling the execution of the
program routines.

8. The system recited in claim
1, wherein the user interface
highlights detected structures.

Infringement Contentions
The ’647 Accused Products include a processing unit coupled to the input device, the output
device, and the memory for controlling the execution of the program routines.
•

The Droid X includes a Texas Instruments OMAP3630 Series SoC 1GHz processor
that is coupled to the input device, the output device, and the memory for controlling
the execution of the program routines. Exh. I-2 [Droid X Developer Specifications];
Exh. I-3 [OMAP 3 Family of Multimedia Applications Processors]. The processor
uses the user’s input, such as tapping on the screen in a location corresponding to the
data structure, to execute the program routines.

The ’647 Accused Products include a user interface that highlights detected structures.
•

By way of one example, when the Droid X’s IM or MMS applications receive a
message comprising an Internet URL or an email address, the URL and e-mail
address is highlighted. See screenshots below.

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