`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS, LLC,
`
`Plaintiff,
`
`
`
`v.
`
`APPLE INC.,
`
`Civil Action No. 10-258-SLR-MPT
`
`Defendant.
`
`(cid:51)(cid:56)(cid:37)(cid:47)(cid:44)(cid:38)(cid:3)(cid:16)(cid:3)(cid:53)(cid:40)(cid:39)(cid:36)(cid:38)(cid:55)(cid:40)(cid:39)(cid:3)(cid:57)(cid:40)(cid:53)(cid:54)(cid:44)(cid:50)(cid:49)
`
`DECLARATION OF LUANN L. SIMMONS IN SUPPORT OF
`OPENING BRIEF IN SUPPORT OF APPLE INC.’S MOTION FOR
`SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT
`OF U.S. PATENT NO. RE 39,231
`
`Richard K. Herrmann (# 405)
`Mary B. Matterer (# 2696)
`500 Delaware Avenue, Suite 1500
`Wilmington, Delaware 19801-1494
`(302) 888-6800
`rherrmann@morrisjames.com
`mmatterer@morrisjames.com
`
`O’MELVENY & MYERS LLP
`George A. Riley
`Luann L. Simmons
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111-3823
`(415) 984-8700
`griley@omm.com
`lsimmons@omm.com
`
`Attorneys for Defendant Apple Inc.
`
`Dated: October 20, 2015
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 2 of 61 PageID #: 12836
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`MOBILEMEDIA IDEAS LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Civil Action No. 10-258-SLR
`
`Defendant.
`
`(cid:51)(cid:56)(cid:37)(cid:47)(cid:44)(cid:38)(cid:3)(cid:16)(cid:3)(cid:53)(cid:40)(cid:39)(cid:36)(cid:38)(cid:55)(cid:40)(cid:39)(cid:3)(cid:57)(cid:40)(cid:53)(cid:54)(cid:44)(cid:50)(cid:49)
`
`DECLARATION OF LUANN L. SIMMONS IN SUPPORT OF
`OPENING BRIEF IN SUPPORT OF APPLE INC.’S MOTION FOR
`SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT
`OF U.S. PATENT NO. RE 39,231
`
`I, Luann L. Simmons, declare:
`
`1.
`
`I am an attorney with O’Melveny & Myers LLP, counsel of record for Defendant
`
`Apple Inc. (“Apple”) in the above-captioned litigation. I submit this declaration in support of
`
`Apple’s Opening Brief In Support Of Apple Inc.’s Motion For Summary Judgment Of Invalidity
`
`And Non-Infringement Of U.S. Patent No. RE 39,231. I have personal knowledge of the facts
`
`set forth in this declaration and, if called to testify as a witness, could and would do so
`
`competently.
`
`2.
`
`Attached hereto are true and correct copies of the following documents:
`
`Exhibit
`A
`
`Description
`U.S. Patent No. RE 39,231
`
`B
`
`’231 Reexam Certificate
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 3 of 61 PageID #: 12837
`
`Exhibit
`
`C
`
`D
`
`E
`
`F
`
`G
`
`H
`
`Description
`
`Webster’s Third New International Dictionary
`of the English Language Unabridged (1993)
`(excerpt);
`Webster’s New World College Dictionary, 4th
`Ed (2004) (excerpt);
`Cambridge International Dictionary of English
`(1995) (excerpt);
`Webster’s II New College Dictionary (2001)
`(excerpt)
`
`Expert Report of Dr. Ravin Balakrishnan on
`Invalidity (Jan. 13, 2012) (excerpt)
`
`Expert Report of Dr. Ravin Balakrishnan on
`Non-Infringement (Mar. 5, 2012) (excerpt)
`Claim Construction Hearing Transcript
`(July 27, 2012) (excerpt)
`Sigurd Meldal Deposition Transcript
`(April 23, 2012) (excerpts)
`
`First Expert Report of Dr. Sigurd Meldal
`(Jan. 13, 2012) (excerpts)
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct. Executed on this 20th day of October, 2015 at San Francisco, California.
`
` /s/ Luann L. Simmons
`Luann L. Simmons
`
`2
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 4 of 61 PageID #: 12838
`
`EXHIBIT A
`
`DECLARATION OF LUANN L. SIMMONS IN SUPPORT OF
`OPENING BRIEF IN SUPPORT OF APPLE INC.’S MOTION FOR
`SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT
`OF U.S. PATENT NO. RE 39,231
`
`Civil Action No. 10-258-SLR
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 11 of 61 PageID #: 12845
`
`US RE39,231 E
`
`2
`
`1
`COMMUNICATION TERMINAL
`EQUIPMENT AND CALL ['!COMING
`CONTROL METHOD
`
`Matter enclosed in heavy brackets [ ] appears in the
`original patent but forms no part of this reissue specifi(cid:173)
`cation; matter printed in italics indicates the additions
`made by reissue.
`
`BACKGROUND OF THE INVENTION
`
`(1) General Configuration
`In this embodiment, description will be made about a
`portable telephone in which an alert sound muting function
`is allotted to a power key for controlling switching of turning
`uru'uITpuwer supply lo thereby improve the convenience in
`handling.
`The outline configuration of a portable telephone 1 is
`shown in FIG. 1.
`On a front panel 2A of a body 2 used in this embodiment,
`10 there are provided not only operation keys 3 (including a
`power key 3A, numeral keys 3B, a send key 3C, and an end
`key 3D), but also a display 4 for displaying a telephone
`nlllllber. On this display 4, a telephone number or the like
`entered by a user can be displayed. The user can confirm the
`15 entered contents or can perform mode selection on a picture
`screen. Further, in addition to those operation keys 3 and the
`display 4, an antenna 5 and a speaker/microphone portion 6
`(not shown) are provided on the body 2.
`FIG. 2 shows the inner configuration of the portable
`20 telephone 1. The inner circuit is constituted by a CPU 7
`(control means) as a main part so that the CPU 7 controls
`other parts of the im1er circuit. For example, in the case
`where the user depresses the power key 3A when the user
`wishes to originate a call, the CPU 7 perfonns control to
`25 close a power switch 8 so that electric power is supplied
`from a power source 9. Thus, the portable telephone 1 is
`brought into a state of standing-by awaiting entering of a
`telephone nlllllber of the other party.
`For example, if the user enters the telephone number of
`30 the other party through the numeral keys 3B in this state, the
`C:PU 7 displays the thus entered telephone number of the
`other party on the display 4. If the user operates the send key
`3C, the CPU 7 begins call origination to the other party
`through an RF signal processing portion 10 and the ante=
`35 5.
`
`If the other party responds to the call origination and
`conversation is started, a reception signal received through
`the antenna 5 is fetched into an audio signal processing
`portion 11 through the RP signal processing portion 10, and
`then the signal is outputted from a speaker of the speaker/
`microphone portion 6 after signal-processed in the audio
`signal processing portion 11. On the other hand, the user's
`voice is fetched into the audio signal processing portion 11
`through a microphone of the speaker/microphone portion 6,
`and transmitted from the antenna 5 through the RF signal
`processing portion 10 after being signal-processed in the
`audio signal processing portion 11.
`On the contrary, when a call is given to this portable
`telephone l from another party, the CPU 7 detects this call
`and performs control to turn on an alert on/off controller 12
`to thereby make an alert sound generator 13 generate an alert
`sound. Thus. the user is able to notice the call incoming. In
`this state, ifthe user depresses the send key 3C, the CPU 7
`detects this depression, so that it enables conversation and
`55 stops the generation of the alert sound at the same time. This
`is a case where the user can respond to a call incoming.
`However, there is a case where the user cam10t respond to a
`call incoming in accordance with the surroundings at the
`Lime of the call incoming. Tu cope with such a case,
`60 therefore, there is provided a function to eliminate an alert
`sound without forcibly cutting-off a circuit m1der a prede(cid:173)
`termined operation.
`This operation is carried out by the power key 3A.
`Normally, the power key 3A is used to open the power
`65 switch 8 to thereby break off the power supply from the
`power source 9 under the condition that the power key 3A
`is depressed for a predetermined time or more (for example,
`
`MMl-A_00009683
`
`1. Field of the Invention
`TI1e present invention relates to a communication terminal
`equipment, and is applicable to, for example, a portable
`telephone (such as GSM•USDC•PDC) and a digital cordless
`telephone (such as PHS•DECT•CT-2).
`2. Description of the Related Art
`Conventionally, call incoming to a telephone is informed
`by means of an alert sound. Generally, such an alert som1d
`is designed so that it does not stop ringing before a user
`effects next operation. Accordingly, when the user cannot
`give any quick response to the call incoming, there is no way
`other than the user breaks off the alert sound forcibly by
`means of going ofi~hook or leaves the alert sound to con(cid:173)
`tinue ringing.
`In this case, in the method to forcibly break off the alert
`sound by means of the off-hook operation, there is a fear that
`the person on the other side is given an unpleasant feeling
`because the person on the other side can notice that the
`circuit was broken off intentionally. On the other hand, in the
`method to wait until the alert sound stops ringing, there is a
`fear that persons in the surroundings may be troubled by the
`alert sound.
`Another method is therefore considered in which genera(cid:173)
`tion of an alert sound is stopped by a user's operation to
`intentionally break off power supply while to call is incom(cid:173)
`ing. In this method, however, the turning-on of the power
`supply again is apt to be forgotten, and there is a possibility
`of missing the next incoming call. Further, there is a fear that
`long-time turn-off power supply may be regarded as a failure 40
`in an telephone network. Accordingly, this method is a not
`so preferable measure.
`ln view of the foregoing, an object of this invention is to
`provide a communication terminal equipment which is supe(cid:173)
`rior in selecting and handling properties for users in com- 45
`parison with conventional one.
`TI1e nature, principle and utility of the invention will
`become more apparent from the following detailed descrip(cid:173)
`tion when read in conjunction with the accompanying draw(cid:173)
`ings in which like parts are designated by like reference 50
`numerals or characters.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`In the accompanying drawings:
`FIG. l is a schematic front view showing an example of
`the communication terminal equipment according to the
`present invention:
`FIG. 2 is a block diagram showing an example of the inner
`circuit of the communication terminal equipment according
`to the present invention; and
`FIGS. 3 to 5 are schematic diagrams showing the state
`transition.
`
`DETAILED DESCRIPTION OF THE
`EMRODTMENT
`Preferred embodiments of the present invention will be
`described with reference to the accompanying drawings:
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 12 of 61 PageID #: 12846
`
`US RE39,231 E
`
`3
`1 second or more). If the power key 3A is depressed for a
`time shorter than a predetermined time (for example, shorter
`than one second) when an alert sound is being generated, the
`CPU 7 detects this depression and controls the alert on/off
`controller 12 to make it stop the generation of the alert
`sound.
`(2) State Transition
`Next, referring to FIG. 3, description will be made about
`the operation and the state transition when call incoming is
`given to the portable telephone 1.
`The operation at the time of call incoming begins from the
`state STl of telephone call incoming standing-by. The
`portable telephone 1 maintains this state STl before confir(cid:173)
`mation of telephone call incoming. Incidentally, ifthe power
`key 3A is depressed for one second or more in this state, the
`operation shifts to power supply cutting off in the state ST2. 15
`If telephone call incoming is confirmed in the state STl,
`the operation shifts to the state ST3 in which an alert sound
`is generated to inform the user of the call incoming. In the
`case where the user wishes to respond to the call incoming
`in this state ST3, the user depresses the send key 3C to shift
`the state ST3.l to stop the alert sound, thereafter the state
`shifts to the state ST 4 to start conversation.
`In this state ST4, ifthe user depresses the end key 30, the
`operation shifts to the call incoming waiting state STl, while
`if the user depresses the power key 3A for one second or
`more. the operation shifts to the state ST2.
`Also in the case where the user depresses the power key
`3A for one second or more in the state ST3 where an alert
`sound is being generated, the operation shifts to the state
`ST2.
`Tf the power supply is broken off forcibly in such a state
`where an alert sound is being generated, there is a fear that
`the other party who transmitted the call may be given an
`unpleasant feeling or a kind of misunderstanding because
`the other party can notice the fact that the person on the
`reception side did not respond to the call intentionally. To
`cope with this point, there is provided a new function to
`which the state ST5 corresponds.
`That is, in the case where it is impossible to allow an alert
`sound to ring for a long time continuously in view of the
`characteristic of the portable telephone 1 which is generally
`used in public spaces, the user may depress the power key
`3A for a time shorter than one second in the state ST3. By
`such an operation, the CPU 7 performs control to tum off the
`alert on/ off controller 12 to only stop the generation of the
`alert sound. This operation dues nut give any unnecessary
`unpleasant feeling to the other party because this operation
`does not cause cutting-off of the circuit. Further, since the
`user can stop the alert sound, such a situation that persons in
`the surroundings are troubled by the alert sound can be
`avoided.
`Incidentally, if the user depresses the power key 3A for a
`time shorter than one second in the state ST5, the operation
`is returned to the state ST3 where the alert sound is rung, so
`that the user can easily confirm whether the call origination
`is continued or not.
`It is a matter of course that, when the user wishes to start
`conversation in the duration of stopping the alert sound, the
`user may depress the send key 3C su as Lu shift the slate from
`the state ST5 to the state ST 4 to thereby make it possible to
`start conversation. Further, if the user depresses the power
`key 3A for one second or more in the state ST4, the state
`shifts to the state ST2.
`The above is the description about the state transition
`which the portable telephone 1 can take upon call incoming.
`In the above configuration, the user can stop an alert
`sound without breaking-off connection of the telephone
`
`4
`circuit by depressing the power key 3A for a short time (for
`a time shorter than one second in this example), so that it is
`possible to reduce trouble by an alert sound being heard by
`persons in the surroundings.
`The eITecl is remarkable particularly in the case uf such a
`portable telephone 1 which is generally used in public places
`gathering many and unspecified persons.
`Further, since the design is made such that when the user
`depresses the power key 3A again for a short time in the
`10 duration of stopping an alert sound, the state is returned to
`the original state, that is, the state ST3, so that the user's
`selection of use increases and the operation property can be
`improved.
`(3) Other Embodiments
`In the aforementioned embodiment, description has been
`made about a case where not only a telephone number
`entered by a user but also various mode selection scene are
`displayed on the picture screen of the display 4. However,
`the present invention is not limited to such an embodiment
`20 but is applicable to a case where the telephone number of the
`other party is displayed in the case of using a service in
`which the telephone number of the other party is displayed
`upon reception of call incoming. If this function is combined
`with the above-mentioned function of eliminating an alert
`25 sound, a user can select suitably a measure so as not to act
`in an impolite manner in accordance with a person of the
`other party, so that the user's convenience in handling can be
`improved.
`In the aforementioned embodiments, description has been
`30 made about a case where an alert sound is stopped when the
`power key 3A is depressed for a time shorter than one
`second in the condition that the alert sound is ringing while
`the power supply is broken off when it is depressed for a
`time not shorter than one second in the same condition.
`35 However, the boundary value of the depression time is not
`only limited to one second.
`In the aforementioned embodiments, description has been
`made about a case where an alert sound is stopped when the
`power key 3A is depressed in the condition that the alert
`40 sound is ringing. However, the present invention is not
`limited to these embodiments but is applicable widely also
`to a case where the volume of an alert sound is reduced. FIG.
`4 shows this state. FIG. 4 is an example of approximately the
`same state transition as FIG. 3, however, only the state ST15
`45 of FIG. 5 is different from the corresponding state ST5 of
`FIG. 3, in which the processing uf reducing the volume uf
`an alert sound is performed.
`In the aforementioned embodiments, description has been
`made about a case where there is provided a function (toggle
`so function) in which when the power key 3A is depressed
`again for a short time under the state ST5, ST15 that an alert
`sound is stopped by the alert sound stopping function
`allotted to the power key 3A, the state is returned to the state
`ST3, ST13 where the alert sound can be rung. However, the
`55 present invention is not limited to these embodiments but the
`state transition may be set to be one way. More specifically,
`as shown in FIG. 5, there is no change under the state ST25
`even if the power key 3A is depressed for a time shorter than
`one second. In this example, a user cannot ring an alert
`60 sound again after having stopped the alert.
`In this example, the situation can be prevented where the
`user rings an alert sound erroneously by user's misoperation,
`therefore, persons in the surroundings being troubled by an
`alert sound can be avoided. It can be said that this example
`65 has another effect from FIG. 3.
`Further, in the aforementioned embodiments (FIGS. 3 to
`5), description has been made about a case where an alert
`
`MMl-A_00009684
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 13 of 61 PageID #: 12847
`
`US RE39,231 E
`
`10
`
`35
`
`5
`sound is stopped or the volume of an alert sound is reduced
`continuously from immediately after the power key 3A is
`depressed for a short time under the condition that the alert
`sound is ringing. However, this duration is not only limited
`to just when the power key 3A is depressed but may be when
`after predetermined time.
`In the aforementioned embodiments, description has been
`made about a case where the alert sound stopping function
`and the volume reducing function is allotted to the power
`key 3A which is designed to cut off the power supply when
`the power key 3A is depressed for a predetennined time or
`more. However, the present invention is not limited to these
`embodiments but an additional key may be further provided
`so that the alert sound stopping function or the volume
`reducing function is allotted exclusively to this additional
`key, or the alert sound stopping fi.mction or the volume 15
`reducing fi.mction is allotted to any one of the abovemen(cid:173)
`tioned keys other than the power key 3A.
`In the aforementioned embodiments, description has been
`made about a case where a display having a function to
`display various information is provided with a portable 20
`telephone l in one body.
`However, the present invention is not limited to this case
`but is widely applicable to portable telephones not having
`such a display.
`Further, in the aforementioned embodiments, description 25
`has been made about a portable telephone 1. However, the
`present invention is not limited to such a portable telephone
`but is widely applicable to infomration terminal equipment
`having a conummication function, as well as to hard-wire
`telephones.
`According to the present invention, as described above,
`configuration is made such that when a user effects a
`predetermined operation under the condition that an alert
`sound is ringing, the alert sound is stopped or the volume of
`the alert sound is reduced at least over a duration of call
`incoming, so that such a fear that persons in the surround(cid:173)
`ings may be troubled by the continuous ringing of the alert
`sound can be remarkably reduced.
`further, the situation that power supply is cut off forcibly
`during call origination can be avoided, so that such a fear 40
`that a person on the call origination side may be given an
`unpleasant feeling can be reduced.
`While there has been described in connection with the
`preferred embodiments of the invention, it will be obvious
`to those skilled in the art that various changes and modifi-
`cations may be made, therefore, the appended claims are
`provided to cover all such changes and modifications as fall
`within the true spirit and scope of the invention.
`What is claimed is:
`1. A communication terminal for informing a user of a
`received call from a remote caller by an alert sound, com(cid:173)
`prising:
`an alert sound generator for generating the alert sound
`when the call is received from the remote caller;
`control means for controlling said alert sound generator; 55
`and
`means for specifying a predetermined operation by the
`user,
`wherein when said alert soll!ld generator is generating the
`alert sound and said means for specifying said prede- 60
`termined operation is operated by the user, said control
`means controls said alert sound generator to change a
`vohune of the generated alert sound only for the
`received call, without affecting the volume of the alert
`sound for future received calls, while leaving a call
`ringing state, as perceived by the remote caller, of the
`call to the terminal from the remote caller unchanged.
`
`6
`2. The colllllnmication terminal according to claim 1,
`wherein
`said control means controls the state of said alert sound
`generator to stop the sound.
`3. The col11ll1unication terminal according to claim 1,
`wherein
`said control means controls the state of said alert sound
`generator to reduce the volume of the sound.
`4. The col11ll1unication terminal according to claim 1,
`wherein said predetermined operation is an operation
`depressing a predetermined operation key.
`5. The col11ll1unication terminal according to claim 4,
`wherein said operation key is a power key to turn on or break
`off connection between said terminal and a power supply.
`6. The col11ll1unication terminal according to claim 5,
`wherein said control means includes disconnection means
`for turning off power supplied by said power supply when
`said power key is depressed for at least a predetermined
`period of time and wherein said predetermined operation
`occurs when said power key is depressed for a time shorter
`than said predetennined period of time.
`7. The col11ll1unication terminal according to claim 6,
`wherein said predetem1ined period of time for depressing
`said power key is substantially equal to one second.
`8. The communication terminal according to claim 6,
`wherein said control means again changes the state of said
`alert sound generator when said predetem1ined operation
`occurs again, after said predetermined operation has
`occurred a first time.
`9. The colllllnmication terminal according to claim 8,
`30 wherein
`said control means controls the state of said alert sound
`generator to stop an alert sound and then to generate the
`sound again.
`10. The communication terminal according to claim 8,
`wherein said control means controls the state of said alert
`sound generator to reduce an audible volume levels of the
`sound and subsequently to restore said volume level of the
`sound to an unreduced level.
`11. 111e communication terminal according to claim 1,
`further comprising display means for displaying information
`regarding said remote caller.
`12. The communication terminal according to claim 1,
`further comprising:
`RF signal processing means for transmitting and/or
`receiving radio waves; and
`an antenna for transmitting and/or receiving said radio
`waves, wherein said commrn1ication status between
`said apparatus and said remote caller is established by
`said transmitted and/or received radio waves.
`13. A method of informing a user of a received call from
`a remote caller to a communication apparatus, comprising
`the steps of:
`waiting to receive a call;
`generating an alert sorn1d upon receiving said call; and
`changing a volume of the generated alert sound only for
`said call when the alert sound is being generated and a
`predetermined operation is specified by the user, with(cid:173)
`out aJiecting the volume of the alert sound fur subse(cid:173)
`quent foture received calls, while leaving a call ringing
`status, as perceived by the remote caller, of the call
`from the remote caller to the communication apparatus
`rn1changed.
`14. The method of infonning a user of a received call
`65 according to claim 13, wherein said predetermined operation
`comprises depressing a predetem1ined key for a time shorter
`than a predetermined period of time.
`
`45
`
`50
`
`MMl-A_00009685
`
`
`
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`
`US RE39,231 E
`
`7
`15. The method of informing a user of a received call
`according to claim 14, wherein said predetermined key is a
`power key to tum on or break off a supply of power to said
`communication apparatus.
`16. The melhml of informing a user of a received call
`according to claim 14, wherein said predetermined period of
`time is substantially equal to one second.
`17. The method of informing a user of a received call
`according to claim 13, wherein said step of changing the
`state of the alert sound includes the step of toggling said
`predetermined operation.
`18. The method of informing a user of a received call
`according to claim 13, wherein said state of the alert ringing
`sound is changed to the state where said alert sound is
`stopped.
`19. The method of informing a user of a received call
`according to claim 13, wherein said state of the alert ringing
`sound is changed to the state where a volume level of said
`alert sound is reduced.
`20. A communicalion lerminal wilh a function lo inform a 20
`received call by an alert sound comprising:
`an alert sound generator configured to generate an alert
`sound when the received call is received;
`a first operation key configured to operate a predeter-
`mined operation; and
`a controller, wherein
`said controller measures a time period of depressing said
`first operation key when said first operation key is
`
`25
`
`8
`depressed while the received call is being received,
`controls a state of said alert sound generator when the
`time period of depressing said first operation key is
`shorter than a predetermined time period, and operates
`said predetermined operation when the time of depress(cid:173)
`ing said operation key is longer than a predetermined
`time period.
`21. The communication terminal according to claim 20,
`wherein said predetermined operation is an operation of
`10 disconnecting a power supply of the communication termi(cid:173)
`nal.
`22. The communication terminal according to claim 20,
`wherein said controller controls the state of said alert sound
`generator such that the alert sound is one of stopped and
`15 reduced in volume.
`23. The communication terminal according to claim 20,
`further comprising:
`a communication circuit configured to communicate with
`a second party; and
`a second operation key corifigured to enable a conversa(cid:173)
`tion with said second party;
`wherein
`said controller controls said communication circuit so as
`to communicate with said second party when said
`second operation key is depressed while said controller
`is controlling the state of said alert sound generator.
`
`* * * * *
`
`MMl-A_00009686
`
`
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 16 of 61 PageID #: 12850
`
`EXHIBIT B
`
`DECLARATION OF LUANN L. SIMMONS IN SUPPORT OF
`OPENING BRIEF IN SUPPORT OF APPLE INC.’S MOTION FOR
`SUMMARY JUDGMENT OF INVALIDITY AND NON-INFRINGEMENT
`OF U.S. PATENT NO. RE 39,231
`
`Civil Action No. 10-258-SLR
`
`
`
`
`
`Case 1:10-cv-00258-SLR Document 580 Filed 10/27/15 Page 18 of 61 PageID #: 12852
`
`US RE39,231 C 1
`
`1
`EXPARTE
`REEXAMINATION CERTIFICATE
`ISSUED UNDER 35 U.S.C. 307
`
`THE PATENT IS HEREBY AMENDED AS
`INDICATED BELOW.
`
`Matter enclosed in heavy brackets [ ] appeared in the
`original patent but was deleted by the reissue patent; 10
`matter printed in italics was added by the reissue patent.
`Matter enclosed in heavy double brackets [[ ]] appeared
`in the reissue patent but is deleted by this reexamination
`certificate; matter printed in boldface is added by this
`reexamination certificate.
`
`AS A RESULT OF REEXAMINATION. IT HAS BEEN
`DETERMINED THAT:
`
`Claims 1, 11, 13-16 and 18-23 are cancelled.
`
`Claims 2-4, 8, 12 and 17 are determined to be patentable
`as amended.
`
`20
`
`Claims 5-7. 9and10, dependent on an amended claim, are 25
`determined to be patentable.
`
`New claims 24-29 are added and determined to be patent(cid:173)
`able.
`
`2
`wherein said control means includes disconnection
`means for turning off power supplied by said power
`supply when said power key is depressed for at least
`a predetermined period of time and wherein said
`predetermined operation occurs when said power
`key is depressed for a time shorter than said prede(cid:173)
`termined period of time, and
`wherein said control means again changes the state of said
`alert smmd generator when said predetermined opera(cid:173)
`tion occurs again, after said predetermined operation
`has occurred a first time.
`12. [[The conmmnication terminal according to claim 1.]]
`A communication terminal for informing a user of a
`received call from a remote caller by an alert sound, com-
`15 prising:
`an alert sound generator for generating the alert
`sound when the call is received from the remote
`caller;
`control means for controlling said alert sound genera(cid:173)
`tor; and
`means for specifying a predetermined operation by the
`user,
`wherein when said alert sound generator is generating
`the alert sound and said means for specifying said
`predetermined operation is operated by the user,
`said control means controls said alert sound genera(cid:173)
`tor to change a volume of the generated alert sound
`only for the received call, without affecting the vol(cid:173)
`ume of the alert sound for future received calls,
`while leaving a call ringing state, as perceived by the
`remote caller, of the call to the terminal from the
`remote caller unchanged,
`further comprising:
`RF signal processing means for transmitting and/or
`receiving radio waves; and
`an antenna for transmitting and/or receiving said radio
`waves, wherein said communication status between
`said apparatus and said remote caller is established by
`said transmitted and/or received radio waves.
`17. [[The method of informing a user of a received call
`according to claim 13)] A method of informing a user of a
`received call from a remote caller to a communication
`apparatus, comprising the steps of:
`waiting to receive a call;
`generating an alert sound upon receiving said call; and
`changing a volume of the generated alert sound only
`for said call when the alert sound is being generated
`and a predetermined operation is specified by the
`user, without affecting the volume of the alert sound
`for subsequent future received calls, while leaving a
`call ringing status, as perceived by the remote caller,
`of the call from the remote caller to the communica(cid:173)
`tion apparatus unchanged,
`wherein said step of changing the state of the alert sound
`includes the step of toggling said predetermined opera(cid:173)
`tion.
`24. A communication terminal for informing a user of
`a received call from a remote caller by an alert sound,
`60 comprising:
`an alert sound generator for generating the alert
`sound when the call is received from the remote
`caller;
`control means for controlling said alert sound genera(cid:173)
`tor; and
`means for specifying a predetermined operation by the
`user,
`
`30
`
`2. The collltllunication terminal according to claim [[1]]
`12, wherein
`said control means controls the state of said alert sound
`generator to stop the sound.
`3. The collltllunication terminal according to claim [[1]] 35
`12, wherein
`said control means c