Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 1 of 42
`Case 4:18—cv-06185-HSG Document 1-2 Filed 10/09/18 Page 1 of 42
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`EXHIBIT B
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`EXHIBIT B
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`A-1
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 2 of 42
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`LTE, Zinger, ZMax, Zmax 2, ZMAX 2 (Unlocked), ZMAX Champ LTE, ZMAX Grand / Champ / Avid 916, ZMAX GRAND LTE,
`Z223, Z331, Z431 / Altair, Z432 / Altair 2, Z667 / Zinger / Prelude 2 / Flame / Whirl 2, Z998 / Unico LTE, ZFive 2 LTE, ZFive L
`Edition, V5, V870, Valet, Vital / Supreme, Warp, Warp 4G, Warp 7, Warp Elite, Warp Sequent, Warp Sync, Whirl, Z221, Z222 /
`Paragon, Sonata 3, Source, Speed, Star 1, Star 2, Tempo, Tempo X, TXTM8 3G, V3 Energy Edition, V3 Extreme Edition, V3 Youth
`Quartz, R225, Reef, Render, Salute, Savvy, Score M / Score, Small Fresh 4, Small Fresh 5, Solar, Sonata / Radiant, Sonata 2 /
`mini, Obsidian, Open, Open C, Open II, Overture, Overture 2 / Maven, Prelude / Avail 2, Prelude+, Prestige, Prestige 2, Q519T,
`Z17S, Nubia Z7, Nubia Z7 Max, Nubia Z7 mini, Nubia Z9 Classic, Nubia Z9 Elite, Nubia Z9 Exclusive, Nubia Z9 Max, Nubia Z9
`Z11, Nubia Z11 Max, Nubia Z11 mini, Nubia Z11 mini S, Nubia Z17, Nubia Z17 Lite, Nubia Z17 mini, Nubia Z17 miniS, Nubia
`Nubia M2, Nubia M2 Lite, Nubia M2 Play, Nubia My Prague, Nubia N1, Nubia N1 lite, Nubia N2, Nubia Prague S, Nubia X6, Nubia
`Maven 2 / Sonata 3, Maven 3 / Overture 3, Max, MAX Blue LTE, MAX XL, Max+, Memo, Midnight PRO LTE, MSGM8 II, N919D,
`Imperial, Imperial II, Jasper LTE, Kis 3 Max, Kis Flex, Majesty, Majesty Pro, Majesty Pro LTE, Majesty Pro Plus LTE, Maven 2,
`Grand X 4, Grand X 4, Grand X Max 2 / Imperial MAX, Grand X Max+, Grand X Quad Lite, Grand XMax, Groove, Hawkeye,
`Flash, Force, Fury / Director, Geek, Grand Memo II LTE, Grand S Flex, Grand S II, Grand S Pro, Grand S3, Grand X, Grand X 3,
`Cymbal-G LTE, CYMBAL-T, Cymbal-T LTE, Engage, Engage LT / Engage MT, Essenze C70, F160, Fanfare, Fanfare 2, Fanfare 3,
`Midnight, Concord II, CYMBAL LTE, Cymbal LTE (Verizon), Cymbal Z-320, Cymbal Z-320 / Cymbal LTE, Cymbal-C LTE,
`Blade X Max, Blade X3, Blade X5, Blade X9, Blade Z Max, C78, C79, C88, CAPTR II / A210, Chorus, Citrine, Compel, Concord /
`Max, Blade V7 Plus, Blade V8, Blade V8 Lite, Blade V8 Mini, Blade V8 Pro, Blade Vantage, Blade Vec 3G, Blade Vec 4G, Blade X,
`Qlux 4G, Blade S6, Blade S6 Lux, Blade S6 Plus, Blade S7, Blade Spark, Blade V580, Blade V6, Blade V7, Blade V7 Lite, Blade V7
`Blade G2, Blade L, Blade L3, Blade L5 Plus, Blade Max 3, Blade Max 3 / Max Blue, Blade Q, Blade Q Maxi, Blade Q Mini, Blade
`Blade A2, Blade A2 Plus, Blade A2S, Blade A3, Blade A910, Blade C, Blade D Lux, Blade D2, Blade D6, Blade E, Blade Force,
`Axon, Axon 7, Axon 7 Max, Axon 7 mini, Axon Elite, Axon Lux, Axon M, Axon Max, Axon Mini, Axon Pro / Axon, Blade A1,
`Agent, Anthem 4G, Aspect, Avail / Merit, Avid 4, Avid 4G, Avid Plus, Avid Plus / Avid 828, Avid Trio / ZFive 2, Awe / Emblem,
`during and after 2011. For example, the Accused Products comprise the following Android-based phones and tablets: Adamant,
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`The Accused Products comprise ZTE products running the Android mobile operating system and manufactured, used, or sold
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`(collectively, “ZTE”).
`are manufactured, sold, offered for sale, and/or used by Defendants ZTE (TX) Inc., ZTE (USA) Inc., and ZTE Corporation
`U.S. Patent No. 8,213,970 (the “’970 Patent”)identified below are infringed by the Accused Products (e.g., phones and tablets) which
`In these Infringement Contentions, AGIS Software Development LLC (“AGIS”) contends that at least the following claims of
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 3 of 42
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`A-2
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`its servers for use with Android devices to enable features such as Find My Device in a
`this system by making, using, selling, and importing Android devices, as well as by providing
`infringement of this system as set forth below. ZTE makes, uses, sells, and otherwise provides
`ZTE infringes either directly or indirectly, induces others to infringe, and/or contributes to the
`Accused Products
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`electronic message, comprising: a
`receipt, and responding to an
`transmitting, receiving, confirming
`1[P]. A communication system for
`Claim - 8,213,970
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`AGIS does not concede that any claims of the ’970 Patent that are not listed below are not infringed by the identified products.
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`reports.
`positions on claim construction, invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by ZTE, including but not limited to
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`witnesses may more fully and accurately describe the infringing features of its accused products. Accordingly, AGIS reserves the
`are preliminary in nature, and an analysis of ZTE’s products, internal documentation, source code, and/or testimony from relevant
`AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These contentions
`Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way foreclose
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`Android-based applications and/or software described herein.
`participating in any networks and/or services related to the execution and/or use of the Android mobile operating system versions and
`example, the Accused Products comprise ZTE products, including but not limited to the phones and tablets described herein,
`Assistant, Google Search, Google Messages, Android Messenger, Google Allo, Google Duo, GMail, and Google Chrome. For
`Android Device Manager, Find My Phone, Find My Device, Google Latitude, Google Plus, Google Hangouts, Google Maps, Google
`to the phones and tablets as described herein, running any versions of the following Android-based applications and/or software:
`4.2, 4.3, 4.4, 5.0, 5.1, 6.0, 7.0, 7.1, 8.0, and 8.1. For example, the Accused Products comprise ZTE products, including but not limited
`the following versions (and all intervening updates and sub-versions) of the Android mobile operating system: Android 2.3, 4.0, 4.1,
`Accused Products comprise ZTE Accused Products, including but not limited to the phones and tablets as described herein, running
`numbers 329F75623FA5; 329F7562388B; and 329F75624913) which are available for inspection at ZTE’s request. For example, the
`example, AGIS reviewed Android-based products from Android-based handset manufacturers, including three ZTE phones (serial
`ZMax Pro, and any variants thereof. AGIS reserves the right to amend this list of Accused Products as discovery progresses. For
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 4 of 42
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`reason for which it may deem necessary.
`extent that ZTE requires additional information in accordance with P.R. 3-1 and for any other
`representative of this method. AGIS reserves the right to supplement these contentions to the
`Android OS. AGIS sets forth the Find My Device feature of the Accused Products as
`Protect suite which is “built in and enabled on all devices,” i.e., the Accused Products running
`Manager” or “rebranded Android Device Manager” is now part of the standard Google Play
`current iteration, Find My Device, often called the “new and improved Android Device
`standard, pre-installed feature since 2013 and downloadable as a software application. The
`Android Device Manager is the predecessor to Find My Device and has been available as a
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`https://support.google.com/android/answer/6160491?hl=en;
`See, e.g., https://www.androidcentral.com/find-my-device;
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`location tracking features: Android Device Manager, Find My Device.
`system and use components of the Android mobile operating system to provide device-
`itself, the following applications and/or software run within the Android mobile operating
`belief, in addition to the components and features of the Android mobile operating system
`mobile operating system to provide device-location tracking features. Upon information and
`run within the Android mobile operating system and that use components of the Android
`limitations herein. For example, the Accused Products run applications and/or software that
`containing code for providing device-location tracking features as provided in the claims
`claim limitations because they are pre-installed with Android mobile operating systems
`features such as those features described below. For example, the Accused Products meet the
`The Accused Products meet the claim limitations by providing device-location tracking
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`selling, and importing Android OS devices such as Accused Products.
`ZTE makes, uses, sells, and otherwise provides this communication system by making, using,
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`display a CPU and memory.
`participant has a similarly equipped PDA/cell phone that includes a CPU and a touch screen
`electronic message, comprising: a predetermined network of participants, wherein each
`communication system for transmitting, receiving, confirming receipt, and responding to an
`Accused Products
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`memory;
`touch screen display a CPU and
`phone that includes a CPU and a
`has a similarly equipped PDA/cell
`participants, wherein each participant
`predetermined network of
`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 5 of 42
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`Product, such as a ZTE Android OS based device.
`a CPU and a touchscreen, and which are registered when a customer acquires an Accused
`Each “Google Account” is associated with a pre-determined number of devices, which include
`https://www.blog.google/products/android/google-play-protect/
`https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en;
`https://android.googleblog.com/2013/08/find-your-lost-phone-with-android.html;
`Accused Products
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`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 6 of 42
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`https://support.google.com/websearch/answer/6128427
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 7 of 42
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`https://support.google.com/websearch/answer/6128427
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`A-7
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 8 of 42
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`1:39-43; 2:36-43; Figs. 2, 3A, 3B, and 4.
`Structure: Communications network server; Communication network interfaces ’970 Patent at
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`incorporated herein by reference in its entirety.
`between said PDA/cell phones in different locations. See, e.g., claim 1[P], which is
`locations via a data transmission means that facilitates the transmission of electronic files
`comprising: the transmission of electronic files between said PDA/cell phones in different
`contributing to the performance of a first device programmed to perform operations
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
`Accused Products
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`This claim term is governed by 35 U.S.C. 112(6).
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`different locations.
`Function: facilitating the transmission of electronic files between said PDA/cell phones in
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`entirety.
`message. See, e.g., claim 1A and 1[P], which are incorporated herein by reference in their
`a sender PDA/cell phone and at least one recipient PDA/cell phone for each electronic
`contributing to the performance of the participants of the predetermined network by providing
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
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`Account.”
`least one Accused Product to another Accused Product, which share a common “Google
`and other devices with cellular connections. Each claimed electronic message is sent from at
`Products, to its customers. These devices include PDA/cell phones, i.e. smartphones, tablets,
`ZTE makes, uses, imports, sells or otherwise provides Android devices, such as the Accused
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`communication network servers via a modem interface such as a 3G or LTE modem
`The Accused Products meet this limitation. ZTE provides access to one or more
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`for each electronic message;
`least one recipient PDA/cell phone
`[1B] a sender PDA/cell phone and at
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`locations;
`PDA/cell phones in different
`electronic files between said
`facilitates the transmission of
`[1A] a data transmission means that
`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`A-8
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 9 of 42
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`which is incorporated herein by reference in its entirety.
`phone via, e.g., a forced message alert software application program. See, e.g., claim 1B,
`by a participant recipient of a forced message response loaded on each participating PDA/cell
`perform operations comprising: including a list of required possible responses to be selected
`contributing to the performance of one or more of the network participants programmed to
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
`Accused Products
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`each participating PDA/cell phone;
`a forced message response loaded on
`selected by a participant recipient of
`of required possible responses to be
`application program including a list
`[1C] a forced message alert software
`Claim - 8,213,970
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`update, and actual locations.
`Google Account” that tracks location status, responses to location requests / time since last
`Account. Find My Devices provides a list of the status for each device within the same
`track other ZTE devices, such as PDA/cell phones and tablets, linked to the same Google
`installed feature and a downloadable as a software application allows Android OS users to
`For example, ZTE’s Find My Device software application, which ZTE provides as a pre-
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 10 of 42
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`the phone.
`recipients password, pushing or swiping the unlock button, or fingerprint recognition to unlock
`selected by a particular recipient, such as “call owner,” “emergency call,” or entering the
`The forced message alert software includes with it a list of required possible responses to be
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`https://support.google.com/android/answer/6160491?hl=en
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 11 of 42
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`the recipient PDA/cell phone by, e.g., providing the system with means for attaching a forced
`message creating a forced message alert that is transmitted by said sender PDA/cell phone to
`operations comprising attaching a forced message alert software packet to a voice or text
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
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`transmitted by said sender PDA/cell
`forced message alert that is
`voice or text message creating a
`message alert software packet to a
`[1D] means for attaching a forced
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 12 of 42
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`and actual locations.
`each device that tracks location status, response to location requests / time since last update,
`computers linked to the same Google Account. Find My Device provides a list of the status for
`ZTE’s Find My Device feature allows Android OS users to track other phones, tablets, and
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`forced message.
`layers. Thus, this limitation is equivalently met by packetized communication transmitting a
`packet-sizes. These packets may be further subdivided in order to pass over different network
`would readily appreciate that packetized communications can be subdivided into multiple
`limitation would still be met under the doctrine of equivalents. One of ordinary skill in the art
`as a 3G or LTE modem.. To the extent that the claims literally cover only a single packet, the
`specific protocols via one or more communication network servers via a modem interface such
`This claim is literally met by one or more TCP/IP or other protocol packets (including ZTE’s
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`above.
`The forced message alert causes automatic responses as shown in the response list in 1[C]
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`the receipt of the message and thus the message is “forced.”
`Accused Products. Because this is a security feature, the recipient phones have no control over
`The Sender electronically transmits the message to the Receiver through the use of the
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`1C, which is incorporated herein by reference in its entirety.
`transmitted by said sender PDA/cell phone to the recipient PDA/cell phone. See, e.g., claim
`message alert software packet to a voice or text message creating a forced message alert that is
`Accused Products
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`phone,
`phone to the recipient PDA/cell
`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`This claim term is governed by 35 U.S.C. 112(6).
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`PDA/cell phone.
`a forced message alert that is transmitted by said sender PDA/cell phone to the recipient
`Function: attaching a forced message alert software packet to a voice or text message creating
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`Structure: Algorithm set forth in Fig 2, 3A, 3B. 7:8-63.
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 13 of 42
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`1D, which is incorporated herein by reference in its entirety.
`soon as said forced message alert is received by the recipient PDA/cell phone. See, e.g., claim
`PDA/cell phone to transmit an automatic acknowledgment to the sender PDA/cell phone as
`required responses comprising: requiring the forced message alert software on said recipient
`operations comprising said forced message alert software packet containing a list of possible
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
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`Accused Products
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`App states “lock requested” and then “locked.”
`location. This automatic acknowledgement is shown to the Sender when the Find My Device
`acknowledgement which confirms that the device is in lock mode and provides the recipients
`The sender device sends a request and in response, the receiver device sends an automatic
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`number constitutes a list of required responses, i.e. to call the sender.
`the sender cell phone (stating that the recipient’s phone is “locked.” At least the phone
`forced message is received by the recipient, an automatic acknowledgement is displayed by
`“forced.” To enter lock mode, the sender attaches a phone number and message. Once the
`feature, the recipient phones have no control over the receipt of the message and thus is
`Touching the “lock” button electronically transmits the message. Because this is a security
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`the recipient PDA/cell phone;
`forced message alert is received by
`PDA/cell phone as soon as said
`acknowledgment to the sender
`phone to transmit an automatic
`software on said recipient PDA/cell
`requiring the forced message alert
`possible required responses and
`software packet containing a list of
`[1E]said forced message alert
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`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 14 of 42
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`performed) to achieve substantially the same result (the lost message is conveyed to the
`the phone and making it otherwise unusable until one of the required manual actions is
`perform the same function (alerting the receiver device) in substantially the same way (locking
`met, each of these responses are at least the equivalent of a required response because they
`required responses as shown above in claim 1[C]. To the extent this limitation is not literally
`The forced message alert software packet from the sender device contains a list of possible
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 15 of 42
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`converted to the receiver phone and responsive action is taken
`manual actions is performed) to achieve substantially the same result (the lost message is
`the same way (locking the phone and making it otherwise unusable until one of the required
`response because they perform the same function (alerting the receiver device) in substantially
`limitation is not literally met, each of these responses are at least the equivalent of a required
`receiver device is otherwise inoperable unless these responses are selected. To the extent this
`recognition to unlock the phone. Each of these responses is a required response because the
`requires entering the recipient’s password, pushing or swiping the unlock button, or fingerprint
`the Accused Products include “call owner,” “emergency call,” or the unlock button which
`As set forth above in claim 1[C], required responses incorporated into ZTE’s software used in
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`a phone call does not affect this limitation and the phone remains otherwise locked.
`password. Furthermore, a locked device may also be able to receive phone calls, but receiving
`Additionally, lock mode cannot be disabled on the recipient device without entering the
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`This algorithm is implemented in software provided by ZTE on the recipient phone device.
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`to clear recipient’s response list from recipient’s cell phone display.
`Function: requiring a required manual response from the response list by the recipient in order
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`display. See, e.g., claim 1E, which is incorporated herein by reference in its entirety.
`list by the recipient in order to clear recipient's response list from recipient's cell phone
`providing the system with means for requiring a required manual response from the response
`recipient in order to clear recipient's response list from recipient's cell phone display by, e.g.,
`operations comprising requiring a required manual response from the response list by the
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
`receiver phone and responsive action is taken.)
`Accused Products
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`This claim is governed by 35 U.S.C. 112(6).
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`Structure: Algorithm set forth in Figure 4 and 8:16-57; 11:1-21.
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`recipient's cell phone display;
`recipient's response list from
`list by the recipient in order to clear
`manual response from the response
`[1F] means for requiring a required
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`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 16 of 42
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`software is set forth in the algorithms in Figures 2, 3A, 3B, 6:38-7:4; 7:17-8:15.
`1 In the alternative, to the extent that ZTE may allege that this implementation is software-implemented, the structure for such display
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`A-15
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`which is incorporated herein by reference in its entirety.
`phones have not automatically acknowledged the forced message alert. See, e.g., claim 1F,
`have automatically acknowledged the forced message alert and which recipient PDA/cell
`system with means for receiving and displaying a listing of which recipient PDA/cell phones
`phones have not automatically acknowledged the forced message alert by, e.g., providing the
`have automatically acknowledged the forced message alert and which recipient PDA/cell
`operations comprising receiving and displaying a listing of which recipient PDA/cell phones
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
`Accused Products
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`forced message alert;
`automatically acknowledged the
`recipient PDA/cell phones have not
`forced message alert and which
`automatically acknowledged the
`recipient PDA/cell phones have
`displaying a listing of which
`[1G] means for receiving and
`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`This claim is governed by 35 U.S.C. 112(6).
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`have not automatically acknowledged the forced message alert.
`automatically acknowledged the forced message alert and which recipient PDA/cell phones
`Function: receiving and displaying a listing of which recipient PDA/cell phones have
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`cellular modem. ’970 Patent at col. 4:12-46.1
`Structure: PDA/cell phone hardware including touch screen 16, and wireless transmitter or
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`updates on receiver location, battery, and network connectivity.)
`automatically acknowledged the forced message (e.g. entering lock mode and providing
`Each of the Accused Products includes a display that can display which devices have
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 17 of 42
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`alert. See, e.g., claim 1G, which is incorporated herein by reference in its entirety.
`said recipient PDA/cell phones that have not automatically acknowledged the forced message
`electronic message by providing means for periodically resending said forced message alert to
`operations comprising transmitting, receiving, confirming receipt, and responding to an
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
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`alert;
`acknowledged the forced message
`that have not automatically
`to said recipient PDA/cell phones
`resending said forced message alert
`[1H] means for periodically
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 18 of 42
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`acknowledged the forced message alert.
`that the lock message is resent periodically to PDA/cell phones that have not automatically
`will only display after the second device’s data connection has been restored, demonstrating
`requested while the second device does not have a data connection. The “locked” message
`device has been locked. The periodic resending of the message is demonstrated when a lock is
`display the “Lock requested” message but will not display “locked” message until the second
`periodically resend forced message alerts to the recipient phone. For example, the device will
`This limitation is met by the cellular or wireless connectivity of each Accused Product, which
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`Patent at col. 4:12-46.
`Structure: PDA/cell phone hardware including a wireless transmitter or cellular modem. ’970
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`that have not automatically acknowledged the forced message alert.
`Function: periodically resending said forced message alert to said recipient PDA/cell phones
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`Accused Products
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`responded. See, e.g., claim 1H, which is incorporated herein by reference in its entirety.
`said forced message alert and details the response from each recipient PDA/cell phone that
`displaying a listing of which recipient PDA/cell phones have transmitted a manual response to
`each recipient PDA/cell phone that responded by, e.g., providing means for receiving and
`have transmitted a manual response to said forced message alert and details the response from
`operations comprising receiving and displaying a listing of which recipient PDA/cell phones
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
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`recipient PDA/cell phone that has responded.
`transmitted a manual response to said forced message alert and details the response from each
`Function: receiving and displaying a listing of which recipient PDA/cell phones have
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`Structure: PDA/cell phone hardware including touch screen 16, and wireless transmitter or
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`This claim term is governed by 35 U.S.C. 112(6).
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`PDA/cell phone that responded.
`response from each recipient
`forced message alert and details the
`transmitted a manual response to said
`recipient PDA/cell phones have
`displaying a listing of which
`[1I] and means for receiving and
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`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 19 of 42
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`software is set forth in the algorithms in Figures 2, 3A, 3B, 6:38-7:4; 7:17-8:15.
`2 In the alternative, to the extent that ZTE may allege that this implementation is software-implemented, the structure for such display
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`are “optional.”
`fingerprint recognition to unlock the phone. As shown below, messages and call back number
`Default options include “emergency call,” or pushing or swiping or swiping to unlock or
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`See Claim [1F] above.
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`its entirety.
`software application program. See, e.g., claim 1, which is incorporated herein by reference in
`alert software packet is a default response list that is embedded in the forced message alert
`operations comprising wherein the response list that is transmitted within the forced message
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
`See Claim [1A] above.
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`entirety.
`communications protocol. See, e.g., claim 1, which is incorporated herein by reference in its
`operations comprising wherein said data transmission means is TCP/IP or another
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
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`device.)
`transmitted a manual response (e.g., calling back or sending a text message to the sender
`Each of the Accused Products includes a display that can display which recipient devices have
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`cellular modem. ’970 Patent at col. 4:12-46.2
`Accused Products
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`program.
`message alert software application
`list that is embedded in the forced
`software packet is a default response
`within the forced message alert
`the response list that is transmitted
`4. The system as in claim 1, wherein
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`protocol.
`TCP/IP or another communications
`said data transmission means is
`3. The system as in claim 1, wherein
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`Claim - 8,213,970
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 Page 20 of 42
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`A-19
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`incorporated herein by reference in its entirety.
`message alert is created on the sender PDA/cell phone. See, e.g., claim 1, which is
`alert software packet is a custom response list that is created at the time the specific forced
`operations comprising wherein the response list that is transmitted within the forced message
`contributing to the performance of the participants of the predetermined network to perform
`ZTE infringes directly and/or indirectly by performing, inducing others to perform, and/or
`information, and thus the default list will be sent.
`For example, the forced message initiating lock mode may be sent without entering optional
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`specific forced message alert is
`list that is created at the time the
`software packet is a custom response
`within the forced message alert
`the response list that is transmitted
`5. The system as in claim 1, wherein
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`Exhibit A for US Patent No. 8,213,970 Against ZTE Accused Products
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`Accused Products
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`Claim - 8,213,970
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`Case 4:18-cv-06185-HSG Document 1-2 Filed 10/09/18 P