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`EXHIBIT 1
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`
`
`DECLARATION OF LUANN L. SIMMONS
`IN SUPPORT OF DEFENDANT APPLE, INC.’S
`REPLY IN SUPPORT OF ITS MOTION TO STAY
`
`CASE NO. 5:15-CV-02008-EJD
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`

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`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 2 of 31
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`
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`Robert F. McCauley (SBN 162056)
`robert.mccauley@finnegan.com
`Jacob A. Schroeder (SBN 264717)
`jacob.schroeder@finnegan.com
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`3300 Hillview Avenue
`Palo Alto, CA 94304-1203
`Telephone:
`(650) 849-6600
`Facsimile:
`(650) 849-6666
`
`Gerald F. Ivey (pro hac vice)
`Smith R. Brittingham IV (pro hac vice)
`Elizabeth A. Niemeyer (pro hac vice)
`John M. Williamson (pro hac vice)
`Rajeev Gupta (pro hac vice)
`Cecilia Sanabria (pro hac vice)
`Aidan C. Skoyles (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone:
`(202) 408-4000
`Facsimile:
`(202) 408-4400
`
`Stephen E. Kabakoff (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`3500 SunTrust Plaza
`303 Peachtree Street, N.E.
`Atlanta, GA 30308-3263
`Telephone:
`(404) 653- 6400
`Facsimile:
`(404) 653-6444
`
`Attorneys for Plaintiffs
`OpenTV, Inc., Nagravision S.A., and
`Nagra France S.A.S.
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`OPENTV, INC., NAGRAVISION S.A., and
`NAGRA FRANCE S.A.S.
`
`
`
`
`Case No. 5:15-cv-02008-EJD (NMC)
`
`
`
`PLAINTIFFS’ DISCLOSURE OF
`ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS
`RELATING TO U.S. PATENT NOS.
`6,148,081, 6,233,736, 7,055,169,
`7,644,429, AND 7,725,740
`
`Plaintiffs,
`
`Defendant.
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`PLAINTIFFS’ INFRINGEMENT CONTENTIONS
`Case No. 5:15-cv-02008-EJD (NMC)
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`v.
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`APPLE INC.,
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`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 3 of 31
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`I.
`
`PRELIMINARY STATEMENT
`Pursuant to Patent L.R. 3-1, Plaintiffs OpenTV, Inc., Nagravision S.A., and Nagra France
`S.A.S. (collectively “OpenTV”) provide the following Disclosure of Asserted Claims and
`Infringement Contentions Relating to U.S. Patent Nos. 6,148,081 (“the ’081 patent”), 6,233,736
`(“the ’736 patent”), 7,055,169 (“the ’169 patent”), 7,644,429 (“the ’429 patent”), and 7,725,740
`(“the ’740 patent”) (collectively “the asserted patents”).
`This Disclosure is based on OpenTV’s current knowledge, understanding, and beliefs.
`Recognizing that discovery is in its early stages and OpenTV has not yet completed its investigation,
`collection of information, or analysis of Defendant Apple Inc.’s conduct relevant to the asserted
`patents, OpenTV reserves its right to amend, revise, or supplement any part of this Disclosure or any
`accompanying exhibits in accordance with this Court’s Scheduling Order, the Patent Local Rules of
`the Northern District of California, including Patent L.R. 3-6, or the Federal Rules of Civil
`Procedure, as additional documents and information become available and as discovery and the
`investigation proceed.
`This Disclosure does not represent, and should not be understood as describing, OpenTV’s
`position regarding the construction of any claim language in the asserted claims of the asserted
`patents. Moreover, this Disclosure is made without prejudice to any position that OpenTV may take
`with respect to claim construction. OpenTV further reserves the right to supplement this Disclosure
`following any claim construction order from this Court, and reserves the right to introduce and use
`such supplemental materials at trial.
`Furthermore, OpenTV makes this Disclosure without waiving its right to object to the
`production of any document, data compilation, or tangible thing disclosed on the basis of any
`privilege, work product, relevancy, undue burden, or other valid objection.
`ASSERTED CLAIMS
`II.
`Based on the information presently known to OpenTV, OpenTV identifies the following
`asserted claims pursuant to Patent L.R. 3-1(a):
`(1)
`Claims 1-3 and 23-24 of the ’081 patent (“Asserted ’081 claims”);
`(2)
`Claims 1-3 and 8-12 of the ’736 patent (“Asserted ’736 claims”);
`PLAINTIFFS’ INFRINGEMENT CONTENTIONS
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`Claims 1, 2, 12, 22, and 23 of the ’169 patent (“Asserted ’169 claims”);
`(3)
`Claims 1, 2, and 4-6 of the ’429 patent (“Asserted ’429 claims”); and
`(4)
`Claims 1, 2, and 4-9 of the ’740 patent (“Asserted ’740 claims”).
`(5)
`OpenTV alleges that Apple infringes each of the Asserted ’081 claims, Asserted ’736 claims,
`Asserted ’169 claims, Asserted ’429 claims, and Asserted ’740 claims under one or more of 35
`U.S.C. §§ 271(a), (b), or (c).
`III. ACCUSED INSTRUMENTALITIES
`Pursuant to Patent L.R. 3-1(b), and based on OpenTV’s investigation thus far, OpenTV
`identifies the following apparatuses, products, devices, processes, methods, acts, or other
`instrumentalities (collectively “the Accused Instrumentalities” or “the Accused Apple Products”)
`that OpenTV believes infringe the asserted claims:
`Appendix A: Products Accused of Infringing the ’081 Patent
`Appendix B: Products Accused of Infringing the ’736 Patent
`Appendix C: Products Accused of Infringing the ’169 Patent
`Appendix D: Products Accused of Infringing the ’429 Patent
`Appendix E: Products Accused of Infringing the ’740 Patent
`OpenTV’s identification of the Accused Instrumentalities is based on its current knowledge,
`understanding, and beliefs as to the facts and information available as of the date of this Disclosure.
`OpenTV reserves the right to amend, revise, and/or supplement its asserted claims, identification of
`accused instrumentalities, claim charts, and other disclosures and bases for infringement as
`additional information becomes available as discovery, the investigation, and claim construction
`proceed.
`IV. CLAIM CHARTS
`Pursuant to Patent L.R. 3-1(c), and based on OpenTV’s investigation thus far, attached as
`Exhibits A-E are detailed claim charts that identify specifically where each limitation of each
`asserted claim is found within each Accused Instrumentality.
`Exhibit A: Claim chart for the ’081 patent that identifies specifically where each limitation of
`each asserted claim is found within the Accused ’081 Patent Apple Products.
`
`PLAINTIFFS’ INFRINGEMENT CONTENTIONS
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`Exhibit B: Claim chart for the ’736 patent that identifies specifically where each limitation of
`each asserted claim is found within the Accused ’736 Patent Apple Products.
`Exhibit C: Claim chart for the ’169 patent that identifies specifically where each limitation of
`each asserted claim is found within the Accused ’169 Patent Apple Products.
`Exhibit D: Claim chart for the ’429 patent that identifies specifically where each limitation of
`each asserted claim is found within the Accused ’429 Patent Apple Products.
`Exhibit E: Claim chart for the ’740 patent that identifies specifically where each limitation of
`each asserted claim is found within the Accused ’740 Patent Apple Products.
`INFRINGEMENT
`V.
`Pursuant to Patent L.R. 3-1(d), and based on OpenTV’s investigation thus far, OpenTV
`believes that Apple infringes, directly or indirectly, at least claims 1-3 and 23-24 of the ’081 patent
`based on the Accused ’081 Patent Apple Products (Ex. A, App’x A); claims 1, 3, and 8-12 of
`the ’736 patent based on the Accused ’736 Patent Apple Products (Ex. B, App’x B); claims 1, 2, 12,
`22, and 23 of the ’169 patent based on the Accused ’169 Patent Apple Products (Ex. C, App’x C);
`claims 1, 2, and 4-6 of the ’429 patent based on the Accused ’429 Patent Apple Products (Ex. D,
`App’x D); and claims 1, 2, and 4-9 of the ’740 patent based on the Accused ’740 Patent Apple
`Products (Ex. E, App’x E).
`Apple maintains a website through which it promotes and offers to sell its Accused
`Instrumentalities to customers, including customers in the United States. Moreover, Apple offers to
`sell and sells its Accused Instrumentalities to end users and customers throughout the United States
`through a variety of on-line stores, retailers, and distributors, including numerous Apple Store
`locations nationwide. See “Apple Store Locations” at http://www.apple.com/retail/storelist/.
`On information and belief, Apple manufactures (or has manufactured on its behalf) the
`Accused Instrumentalities that infringe the asserted patents, and Apple employees use the Accused
`Instrumentalities in an infringing manner, for example, for research, development, testing, usability,
`and/or quality control analyses.
`Further, Apple has induced and continues to induce direct infringement of the asserted
`patents by aiding and abetting infringement by customers in the United States. On information and
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`PLAINTIFFS’ INFRINGEMENT CONTENTIONS
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`belief, for example, Apple has possessed and continues to possess the specific intent to induce
`infringement of the asserted patents by specifically designing software and hardware to perform the
`accused infringing functionalities in the Accused Instrumentalities so that these functionalities are
`used by Apple’s employees, resellers, software developers, and end-users to operate such accused
`systems and devices in an infringing manner. For example, by providing documentation on its
`website, such as the iOS and OS X Developer Library, by teaching others through presentations, user
`guides and manuals, and software-developer materials, and by providing instructions for setting up
`and using Apple software and hardware in an infringing manner, Apple encourages and specifically
`intends for others to use Apple’s Accused Instrumentalities in an infringing manner. See Exhibits A-
`E.
`
`Apple has also contributed and continues to contribute to direct infringement of the asserted
`patents by supplying a material component of the Accused Instrumentalities to customers in the
`United States, which are not a staple article or commodity of commerce suitable for noninfringing
`use. Upon information and belief, customers directly infringe the asserted claims when they use, sell,
`offer to sell, and/or import the Accused Instrumentalities in the United States. For example, Apple
`supplies its customers with components comprising software and/or hardware in the Accused
`Instrumentalities for use in practicing the asserted patents in a manner described in OpenTV’s
`infringement charts. See Exhibits A-E. Apple also supplies at least iTunes, iOS, Apple TV OS, and
`Mac OS X updates (components), which, on information and belief, include software that can be
`downloaded into the Accused Instrumentalities to perform the accused infringing functionalities in
`the Accused Instrumentalities.
`LITERAL AND EQUIVALENT INFRINGEMENT
`VI.
`Pursuant to Patent L.R. 3-1(e), OpenTV asserts that the Accused Instrumentalities literally
`infringe the asserted claims of the ’081, ’736, ’169, ’429, and ’740 patents. To the extent that any of
`the Accused Instrumentalities do not literally infringe, OpenTV asserts infringement under the
`doctrine of equivalents. As demonstrated in Exhibits A through E, for example, to the extent any of
`the Accused Instrumentalities differs from an element of the asserted claims, such a difference
`would be insubstantial and the Accused Instrumentalities would perform substantially the same
`
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`function, in substantially the same way, to achieve substantially the same result as the claimed
`element. See Exhibits A-E.
`VII. PRIORITY DATES
`Pursuant to Patent L.R. 3-1(f), which, for any patent that claims priority to an earlier
`application, seeks the priority date to which each asserted claim allegedly is entitled, the asserted
`claims of the ’081 patent are entitled to a priority date at least as early as May 29, 1998, as stated on
`the face of the patent.
`The asserted claims of the ’736 patent are entitled to a priority date at least as early as
`February 8, 1996, as stated on the face of the patent.
`The asserted claims of the ’169 patent are entitled to a priority date at least as early as
`April 19, 2002, as stated on the face of the patent.
`The asserted claims of the ’429 patent are entitled to a priority date at least as early as
`March 21, 1997.
`The asserted claims of the ’740 patent are entitled to a priority date at least as early as
`May 28, 2003, based on Switzerland Patent Application No. CH 0953/03, as stated on the face of the
`patent.
`OpenTV reserves the right to amend or revise the identified priority dates as additional
`information becomes available as discovery and the investigation proceed.
`VIII. NO RELIANCE ON OPENTV PRODUCTS
`OpenTV does not currently intend to rely on an assertion that any of its own apparatuses,
`products, devices, processes, methods, acts, or other instrumentalities practice the claimed
`inventions.
`IX. WILLFUL INFRINGEMENT
`Based on the information presently known to OpenTV, without the benefit of full discovery,
`OpenTV contends that Apple’s infringement of the ’081, ’736, ’169, ’429, and ’740 patents has been
`and continues to be willful. Apple has had knowledge of the claims of the ’081, ’736, ’169, ’429,
`and ’740 patents and their coverage of the Accused Instrumentalities since at least the filing and
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`service of the Complaint, or as indicated in Ex. A-E, and Apple continues to infringe despite an
`objectively high likelihood that its actions constituted infringement of a valid patent.
`DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`X.
`Pursuant to Patent L.R. 3-2, OpenTV has produced nonprivileged documents along with its
`initial disclosure. OpenTV’s document production is based on its investigation to date and OpenTV
`reserves the right to supplement its production to the extent its investigation reveals any additional
`relevant documents required to be produced under Patent L.R. 3-2.
`OpenTV will produce or make available for inspection non-privileged documents sufficient to
`evidence each discussion with, disclosure to, or other manner of providing to a third party, or sale of
`or offer to sell, the claimed invention prior to the dates of applications for the asserted patents, if any
`exist, as required by Patent L.R. 3-2(a).
`Documents produced at least pursuant to Patent L.R. 3-2(b) are labeled OPENTV2008-
`00008615 - OPENTV2008-00009148. Although not required by the Patent Local Rules but in the
`interest of providing notice to Apple, OpenTV claims a conception date for the ’169 patent of June
`2001. OpenTV has not produced privileged documentation with this disclosure. See OpenTV, Inc. v.
`Apple Inc., No. C 14-1622 HSG, Dkt. No. 172, April 22, 2015 Hearing Tr. at 4-21 (N.D. Cal. 2014).
`Documents produced at least pursuant to Patent L.R. 3-2(c) are labeled OPENTV2008-
`00000048 - OPENTV2008-00003039.
`Documents produced at least pursuant to Patent L.R. 3-2(d) are labeled OPENTV2008-
`00000001 - OPENTV2008-00000047 and OPENTV2008-00009196 - OPENTV2008-00009200.
`No documents are produced pursuant to Patent L.R. 3-2(e) because OpenTV does not
`currently intend to rely on an assertion that any of its own apparatuses, products, devices, processes,
`methods, acts, or other instrumentalities practice the claimed inventions.
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`Dated: October 15, 2015
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`Respectfully submitted,
`
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`
` By: /s/ Robert F. McCauley
`Robert F. McCauley
`
`Attorneys for Plaintiffs
`OpenTV, Inc., Nagravision S.A., and
`Nagra France S.A.S.
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`
`Hardware
`AppleTV (2nd, 3rd,
`and 4th (“New
`Apple TV”)
`generation)
`
`AppleTV (1st
`generation)
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`Macbook
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`Macbook Pro
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`Macbook Air
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`
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`Appendix A: Accused ’081 Patent Apple Products
`
`OS Versions
`Apple TV Software Update 4.1 and subsequent versions (5, 6, 7, tvOS and
`subversions thereof).
`
`See
`
`“About Apple TV (2nd and 3rd generation) software updates,”
`Apple, https://support.apple.com/en-us/HT202157
`
`“Apple TV,” Wikipedia, https://en.wikipedia.org/wiki/Apple_TV
`Apple TV Software 1.0
`
`See
`
`“Apple TV,” Wikipedia, https://en.wikipedia.org/wiki/Apple_TV
`Mac OS X 10.4.6 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“MacBook,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4.5 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“MacBook Pro,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook_Pro;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.5.1 and subsequent versions (10.6, 10.7, 10.8, 10.9, 10.10,
`
`1
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`10.11, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“MacBook Air Now Shipping,” Apple,
`http://www.apple.com/pr/library/2008/01/30MacBook-Air-Now-
`Shipping.html
`
`“MacBook Air,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook_Air;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4.7 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“Mac Pro,” Wikipedia,
`https://en.wikipedia.org/wiki/Mac_Pro;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4.4 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319
`
`“iMac,” Wikipedia,
`https://en.wikipedia.org/wiki/IMac
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4.5 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`
`2
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`Mac Pro
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`iMac
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`Mac Mini
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`10.10, 10.11, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319
`
`
`“Mac Mini,” Wikipedia,
`https://en.wikipedia.org/wiki/Mac_Mini
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`iPhone OS version 1.0 and subsequent versions (iPhone OS 2.x, 3.x, iOS
`4, 5, 6, 7, 8, and 9), including subversions thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/IOS_version_history
`
`iOS version 3.2 and subsequent versions (iOS 4, 5, 6, 7, 8, and 9),
`including subversions thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/IOS_version_history
`
`iPhone OS version 1.1 and subsequent versions (iPhone OS 2.x, 3.x, iOS
`4, 5, 6, 7, 8, and 9), including subversions thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/IOS_version_history
`
`3
`
`iPhone (original,
`3G, 3GS, 4, 4S, 5,
`5C, 5S, 6, 6 Plus,
`6S, 6S Plus)
`
`iPad
`(1st generation, 2,
`3rd generation, 4th
`generation, Air, Air
`2, Mini, Mini 2,
`Mini 3, Mini 4, Pro)
`
`iPod Touch
`
`
`
`
`
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`
`Hardware
`AppleTV (2nd, 3rd,
`and 4th (“New
`Apple TV”)
`generation)
`
`Macbook
`
`Macbook Pro
`
`Appendix B: Accused ’736 Patent Apple Products
`
`OS Versions
`Apple TV Software Update 6.2 and subsequent versions (7, tvOS and
`subversions thereof).
`
`See
`
`“About Apple TV (2nd and 3rd generation) software updates,”
`Apple, https://support.apple.com/en-us/HT202157
`
`“Apple TV,” Wikipedia, https://en.wikipedia.org/wiki/Apple_TV
`Mac OS X 10.6 and subsequent versions (10.7, 10.8, 10.9, 10.10, 10.11,
`and subversions thereof) with iTunes version 11.3 and subsequent
`versions (11, 12, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“History of iTunes,”
`Wikipedia, https://en.wikipedia.org/wiki/History_of_iTunes;
`
`“MacBook,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.6 and subsequent versions (10.7, 10.8, 10.9, 10.10, 10.11,
`and subversions thereof) with iTunes version 11.3 and subsequent
`versions (11, 12, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“History of iTunes,”
`Wikipedia, https://en.wikipedia.org/wiki/History_of_iTunes;
`
`“MacBook Pro,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook_Pro;
`
`“OS X,” Wikipedia,
`
`
`
`1
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 14 of 31
`
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.6 and subsequent versions (10.7, 10.8, 10.9, 10.10, 10.11,
`and subversions thereof) with iTunes version 11.3 and subsequent
`versions (11, 12, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“History of iTunes,”
`Wikipedia, https://en.wikipedia.org/wiki/History_of_iTunes;
`
`“MacBook Air Now Shipping,” Apple,
`http://www.apple.com/pr/library/2008/01/30MacBook-Air-Now-
`Shipping.html
`
`“MacBook Air,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook_Air;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.6 and subsequent versions (10.7, 10.8, 10.9, 10.10, 10.11,
`and subversions thereof) with iTunes version 11.3 and subsequent
`versions (11, 12, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“History of iTunes,”
`Wikipedia, https://en.wikipedia.org/wiki/History_of_iTunes;
`
`“Mac Pro,” Wikipedia,
`https://en.wikipedia.org/wiki/Mac_Pro;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.6 and subsequent versions (10.7, 10.8, 10.9, 10.10, 10.11,
`and subversions thereof) with iTunes version 11.3 and subsequent
`versions (11, 12, and subversions thereof).
`
`
`2
`
`Macbook Air
`
`Mac Pro
`
`iMac
`
`
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 15 of 31
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319
`
`“History of iTunes,”
`Wikipedia, https://en.wikipedia.org/wiki/History_of_iTunes;
`
`“iMac,” Wikipedia,
`https://en.wikipedia.org/wiki/IMac
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.6 and subsequent versions (10.7, 10.8, 10.9, 10.10, 10.11,
`and subversions thereof) with iTunes version 11.3 and subsequent
`versions (11, 12, and subversions thereof).
`
`See
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319
`
` “History of iTunes,”
`Wikipedia, https://en.wikipedia.org/wiki/History_of_iTunes;
`
`“Mac Mini,” Wikipedia,
`https://en.wikipedia.org/wiki/Mac_Mini
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`iOS version 8.0 and subsequent versions (iOS 9), including subversions
`thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia
`https://en.wikipedia.org/wiki/IOS_version_history
`
`iOS version 8.0 and subsequent versions (iOS 9), including subversions
`thereof.
`
`
`3
`
`Mac Mini
`
`iPhone (4S, 5, 5C,
`5S, 6, 6 Plus, 6S, 6S
`Plus)
`
`iPad
`(2, 3rd generation,
`4th generation, Air,
`
`
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 16 of 31
`
`Air 2, Mini 2, Mini
`3, Mini 4, Pro)
`
`iPod Touch
`
`
`
`
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia
`https://en.wikipedia.org/wiki/IOS_version_history
`
`iOS version 8.0 and subsequent versions (iOS 9), including subversions
`thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia
`https://en.wikipedia.org/wiki/IOS_version_history
`
`4
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 17 of 31
`
`
`Hardware
`AppleTV (2nd, 3rd,
`and 4th (“New
`Apple TV”)
`generation)
`
`Macbook
`
`Macbook Pro
`
`Appendix C: Accused ’169 Patent Apple Products
`
`OS Versions
`Apple TV Software Update 2.0 and subsequent versions (3, 4, 5, 6, 7,
`tvOS and subversions thereof).
`
`See
`
`“About Apple TV (2nd and 3rd generation) software updates,”
`Apple, https://support.apple.com/en-us/HT202157
`
`“Apple TV,” Wikipedia, https://en.wikipedia.org/wiki/Apple_TV
`Mac OS X 10.4 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof) with Safari 4.0 or later.
`
`See
`
`“Safari Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/Safari_version_history;
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“MacBook,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof) with Safari 4.0 or later.
`
`See
`
`“Safari Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/Safari_version_history;
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“MacBook Pro,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook_Pro;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`
`
`
`1
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 18 of 31
`
`Macbook Air
`
`Mac Pro
`
`iMac
`
`
`
`Mac OS X 10.5.1 and subsequent versions (10.6, 10.7, 10.8, 10.9, 10.10,
`10.11, and subversions thereof) with Safari 4.0 or later.
`
`See
`
`“Safari Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/Safari_version_history;
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“MacBook Air Now Shipping,” Apple,
`http://www.apple.com/pr/library/2008/01/30MacBook-Air-Now-
`Shipping.html
`
`“MacBook Air,” Wikipedia,
`https://en.wikipedia.org/wiki/MacBook_Air;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof) with Safari 4.0 or later.
`
`See
`
`“Safari Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/Safari_version_history;
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319;
`
`“Mac Pro,” Wikipedia,
`https://en.wikipedia.org/wiki/Mac_Pro;
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof) with Safari 4.0 or later.
`
`See
`
`“Safari Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/Safari_version_history;
`
`
`2
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 19 of 31
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319
`
`“iMac,” Wikipedia,
`https://en.wikipedia.org/wiki/IMac
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`Mac OS X 10.4 and subsequent versions (10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof) with Safari 4.0 or later.
`
`See
`
`“Safari Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/Safari_version_history;
`
`“OS X versions and builds included with Mac computers,” Apple,
`https://support.apple.com/en-us/HT204319
`
`
`“Mac Mini,” Wikipedia,
`https://en.wikipedia.org/wiki/Mac_Mini
`
`“OS X,” Wikipedia,
`https://en.wikipedia.org/wiki/OS_X
`
`iPhone OS version 3.0 and subsequent versions (iOS 4, 5, 6, 7, 8, and 9),
`including subversions thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/IOS_version_history
`
`iOS version OS 3.0 and subsequent versions (iOS 4, 5, 6, 7, 8, and 9),
`including subversions thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia,
`
`Mac Mini
`
`iPhone (original,
`3G, 3GS, 4, 4S, 5,
`5C, 5S, 6, 6 Plus,
`6S, 6S Plus)
`
`iPad
`(1st generation, 2,
`3rd generation, 4th
`generation, Air, Air
`2, Mini, Mini 2,
`Mini 3, Mini 4, Pro)
`
`
`
`3
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 20 of 31
`
`https://en.wikipedia.org/wiki/IOS_version_history
`
`iOS version OS 3.0 and subsequent versions (iOS 4, 5, 6, 7, 8, and 9),
`including subversions thereof.
`
`See
`
`“List of iOS Devices,” Wikipedia,
`https://en.wikipedia.org/wiki/List_of_iOS_devices
`
`“iOS Version History,” Wikipedia,
`https://en.wikipedia.org/wiki/IOS_version_history
`
`4
`
`iPod Touch
`
`
`
`
`
`

`
`Case 5:15-cv-02008-EJD Document 103-2 Filed 05/24/16 Page 21 of 31
`ATTORNEY WORK PRODUCT - PRIVILEGED AND CONFIDENTIAL
`
`
`
`Appendix D: ’429 Patent Apple Products
`
`
`The Accused Instrumentalities include Apple’s systems and servers functioning as a conditional
`access system used with the ’429 Patent Apple Products, as described below. The ’429 Patent
`Apple Products include all versions of Apple’s iMac, MacBook, Mac Pro, Mac Mini, PowerPC
`Based Apple Computers, iPhone, iPad, iPod Touch, and AppleTV running a compatible version
`of iTunes as listed below.
`
`Hardware
`AppleTV (2nd, 3rd,
`and 4th (“New
`Apple TV”)
`generation)
`
`AppleTV (1st
`generation)
`
`Macbook
`
`Software
`Apple TV Software Update 4.1 and subsequent versions (4, 5, 6, 7, tvOS
`and subversions thereof) and Apple provided servers, services, or
`infrastructure supporting the iTunes store and related technologies.
`
`See
`
`“About Apple TV (2nd and 3rd generation) software updates,”
`Apple, https://support.apple.com/en-us/HT202157
`
`“Apple TV,” Wikipedia, https://en.wikipedia.org/wiki/Apple_TV
`Apple TV Software 1.0 and Apple provided servers, services, or
`infrastructure supporting the iTunes store and related technologies.
`
`See
`
`“Apple TV,” Wikipedia, https://en.wikipedia.org/wiki/Apple_TV
`Mac OS X 10.4.6, subsequent versions (10.4, 10.5, 10.6, 10.7, 10.8, 10.9,
`10.10, 10.11, and subversions thereof) running iTunes software and Apple
`prov