CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Tel: (858) 720-8080
`Fax: (858) 720-6680
`wjc@chplawfirm.com
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`OSBORNE LAW LLC
`John W. Osborne (Pro Hac Vice App. Pending)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Case No. 3:12-CV-2350-IEG -BGS
`
`
`DISCLOSURE OF ASSERTED
`CLAIMS AND INFRINGEMENT
`CONTENTIONS
`
`
`
`
`
`v.
`
`AMERANTH, INC.,
`
`
`
`APPLE, INC.,
`
`
`
`
`Plaintiff,
`
`Defendant.
`
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT.
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`Apple, Exhibit 1060, Page 1
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`Plaintiff Ameranth, Inc. hereby serves its Disclosure of Asserted Claims
`and Infringement Contentions under Patent Local Rule 3.1, as to Defendant
`Apple, Inc. (“Apple”).
`Discovery in this case is ongoing and the Court has not yet construed the
`asserted claims of the Patents-in-Suit. Further, Apple has not fully produced
`documents requested by Ameranth and has not provided sufficient responses to
`Ameranth’s other written discovery requests.
`Accordingly, Ameranth reserves the right to serve Amended Infringement
`Contentions under Patent Local Rule 3.6(a), by Court order, or as otherwise
`permitted. Under Patent Local Rule 3.2, Ameranth is making a document
`production and hereby separately identifies by bates numbers which documents
`correspond to categories (a) – (e) of Patent Local Rule 3.2 in Exhibit B attached
`hereto.
`A. Claims Infringed.
`Apple infringes, directly and/or indirectly, at least claims 10, 12, 13, 14,
`15 and 16 of U.S. Patent No. 6,384,850 (the “ ‘850 patent”); claim 13 of U.S.
`Patent No. 6,871,325 (the “ ‘325 patent”); claims 1, 2, 4, 5, 8, 9, and 10 of U.S.
`Patent No. 6,984,733 (the “’733 patent”), and claims 8, 13, 15, 16, 17, and 18 of
`U.S. Patent No. 8,146,077 (the “ ‘077 patent”).
`B. Accused Instrumentality.
`With respect to Passbook and related software and aspects of the Apple
`ecosystem, the “Apple iOS System” or “Accused System” means and includes
`the current and all previous “versions” (from at least iOS 6 through iOS 7, and
`regardless of whether alleged by defendant to be revisions, different versions, or
`different systems) of the Apple iOS that are Passbook-compatible, including all
`versions of the iOS that include Passbook capability, which involves wireless
`and internet integration into a Point-of-Sale (“POS”) system, ordering system,
`
`1
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT.
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`Case No. 3:12-CV-2350
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`Apple, Exhibit 1060, Page 2
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`reservations system, ticketing system, customer loyalty system or other
`application or system. Apple handheld computing devices included within the
`definition of the Accused System for purposes of infringement of this claim
`include all versions of iPhone and iPod Touch (operating with iOS) having the
`aforementioned functionality, as well as any other Apple handheld computing
`device having the aforementioned functionality.
`With respect to infringement of the ‘733 claims by Siri and related
`software and other aspects of the Apple ecosystem, the “Apple System” or
`“Accused System,” as used herein, means and includes the current and all
`previous “versions” (from at least iOS 4 through iOS 7, and regardless of
`whether alleged by defendant to be revisions, different versions, or different
`systems) of the Apple iOS, including but not limited to versions of the iOS
`which include Siri voice recognition capability, which involves wireless and
`internet integration into a Point-of-Sale (“POS”) system, reservations system,
`ticketing system, customer loyalty system or other application or system. Apple
`devices included within the definition of the Accused System for purposes of
`infringement of this claim include all versions of iPhone and iTouch (operating
`with iOS) having the aforementioned functionality as well as any other Apple
`handheld computing device having the aforementioned functionality, and for the
`claims indicated, all relevant versions of iPad.
`C. Claim Charts.
`Charts for each of the patents-in-suit that identify specifically where each
`limitation of each asserted claim is found within the Accused Instrumentality for
`each assertion of direct infringement are attached hereto as Exhibit A. These
`identifications are based on Ameranth’s present understanding of information
`currently available to Ameranth, and Ameranth reserves the right to supplement
`these charts as discovery proceeds.
`
` 2
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT.
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`Case No. 3:12-CV-2350
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`Apple, Exhibit 1060, Page 3
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`D. Indirect Infringement.
`Ameranth has noted in the claim charts attached as Exhibit A the claims
`that Ameranth contends Apple has directly and indirectly infringed. As set forth
`in the claim charts, in addition to direct infringement, Apple is liable for induced
`infringement and contributory infringement as noted in the charts.
`E. Literal Infringement and Doctrine of Equivalents.
`Ameranth presently contends that the Apple Ticketing System infringes
`the asserted claims of the patents-in-suit literally. Ameranth has noted in the
`claim charts attached as Exhibit A the claim elements that Ameranth contends
`are literally infringed and/or present under the doctrine of equivalents.
`F. Priority.
`The ‘325 patent claims priority to an earlier application, U.S. Serial No.
`09/400,413, which was filed on September 21, 1999 and from which the ‘850
`patent issued. The ‘733 patent is a continuation-in-part (filed on November 1,
`2001) of the U.S. Serial No. 09/400,413 application, and claims a priority date
`of November 1, 2001 for the material added via the CIP application which is
`recited in the '733 patent claims asserted herein, and September 21, 1999 for all
`claimed elements which were disclosed in the September 21, 1999 priority
`application. The ‘077 patent also claims priority to U.S. Serial No. 09/400,413
`filed on September 21, 1999. Ameranth asserts a conception date for the
`asserted claims of the ‘850, ‘325 and ‘077 patents of September 1998 and
`reduction to practice prior to the priority application filing date. Ameranth
`asserts a conception date for the asserted claims of the ‘733 patent for the
`material added via the CIP application which is recited in the '733 patent claims
`asserted herein of at least as early as January 2000 and reduction to practice
`prior to the November 1, 2001 priority application filing date for such
`elements. For elements of the asserted claims of the ‘733 patent which were
`
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT.
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`Case No. 3:12-CV-2350
`
`Apple, Exhibit 1060, Page 4
`
`

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`
`
`disclosed in the September 1998 priority application, Ameranth asserts a
`conception date of September 1998 and reduction to practice prior to September
`21, 1999.
`G. Products Practicing Invention.
`Versions of the following Ameranth products have incorporated or
`reflected the inventions claimed in the Patents-in-Suit in one or more of the
`asserted claims as shown below:
`21st Century Restaurant
`(Nov. 1998 and later)
`
`Improv Comedy Club Ticketing
`System
`(Nov. 1999-Nov. 2000)
`Hostalert
`
`eHost
`
`Magellan
`
`‘850 Claims 12-15
`‘325 Claim 13
`‘733 Claims 1, 2, 4, 5, 8, 9, and 10
`‘077 Claims 13, 15, 16, 17, and 18
`‘850 Claims 12-15
`‘325 Claim 13
`‘077 Claims 13, 15, 16, 17, and 18
`‘850 Claims 12-15
`‘325 Claim 13
`‘077 Claims 13, 15, 16, 17, and 18
`‘850 Claims 12-15
`‘325 Claim 13
`‘077 Claims 13, 15, 16, 17, and 18
`‘850 Claims 12-15
`‘325 Claim 13
`‘077 Claims 13, 15, 16, 17, and 18
`
`H. Willful Infringement.
`Apple has been well aware of this Ameranth patent family for a very long
`time. One of the Ameranth patents-in-suit, U.S. Patent No. 6,384,850 – the first
`patent issued in this Ameranth patent family – was cited as a prior art reference
`
` 4
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT.
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`in two Apple iPhone patents issued to named inventors Bas Ording and Steven
`P. Jobs. Also, three of the patents in this Ameranth patent family have been
`asserted in several patent enforcement actions against Apple business partners,
`including those named in the claim charts served herewith. Further, Apple has
`had knowledge of this lawsuit, and the patent claims asserted herein, since the
`filing of the original complaint in September of 2012, and has continued its
`infringing activities nonetheless.
`
`Dated: July 22, 2013
`
`CALDARELLI HEJMANOWSKI & PAGE LLP
`
`
`
`By: /s/ William J. Caldarelli
`
`William J. Caldarelli
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano
`
`OSBORNE LAW LLC
`John W. Osborne
`
`WATTS LAW OFFICES
`Ethan M. Watts
`
`Attorneys for Plaintiff Ameranth, Inc.
`
` 5
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT.
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`EXHIBIT A
`
`EXHIBIT A
`
`
`
`Apple, Exhibit 1060, Page 7
`
`
`
`Apple, Exhibit 1060, Page 7
`
`

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`U.S. Patent No. 6,384,850
`Claim 12
`12. An information
`management and
`synchronous
`communications system for
`use with wireless handheld
`computing devices and the
`internet comprising:
`
`
`
`
`The “Apple iOS System” or “Accused
`System” , as used herein, means and includes
`the current and all previous “versions” (from at
`least iOS 6 through iOS 7, and regardless of
`whether alleged by defendant to be revisions,
`different versions, or different systems) of the
`Apple iOS that are Passbook-compatible,
`including all versions of the iOS that include
`Passbook capability, which involves wireless
`and internet integration into a Point-of-Sale
`(“POS”) system, ordering system, reservations
`system, ticketing system, customer loyalty
`system or other application or system. Apple
`handheld computing devices included within
`the definition of the Accused System for
`purposes of infringement of this claim include
`all versions of iPhone and iPod Touch
`(operating with iOS) having the
`aforementioned functionality, as well as any
`other Apple handheld computing device
`having the aforementioned functionality.
`Apple induces infringement and contributes
`to infringement by other direct infringers as set
`forth in the accompanying indirect-
`infringement chart.
`Apple also directly infringes this claim as
`set forth below. The following exemplary
`citations apply to this independent claim and to
`the dependent claims that are also asserted.
`Apple provides, and makes widely
`available, to purchasers/end users of Apple
`handheld computing devices and other iOS-
`
`Apple, Exhibit 1060, Page 8
`
`

`
`compatible Apple computers, Passbook
`software that is integrated with custom “apps”
`for iPhone and iPod Touch that are pre-loaded
`onto Apple devices and/or downloaded from
`the Apple App Store, including “apps” that are
`integral aspects of online/mobile ticketing or
`reservations systems including but not limited
`to Fandango, StubHub, Ticketmaster, and
`LiveNation, and Starwood.
`Apple further provides and makes widely
`available, a myriad of other substantial features
`of the Apple iOS ecosystem that work with the
`aforementioned apps and with Passbook,
`including but not limited to iCloud, Apple
`Push Notification Service, Safari, Siri, and
`other software, including APIs that facilitate
`integration with a purchaser/end user’s various
`Apple devices and with the software and
`systems of online/mobile ticketing or
`reservations systems including but not limited
`to Fandango, StubHub, Ticketmaster, and
`LiveNation, and Starwood.
`Passbook, and other substantial features of
`the Apple iOS ecosystem that work with the
`direct infringers’ iOS apps and with Passbook,
`including but not limited to iCloud, Apple
`Push Notification Service, Safari, and Siri,
`synchronize and enable the synchronization of
`hospitality software and data between “back
`office” databases/servers and various client
`devices including iPhone and iPod Touch
`devices and desktop/laptop computers:
` “Passbook is the simplest way for users to
`store all their passes in one place. Passes
`allow users to scan their iPhone or iPod touch
`
`Apple, Exhibit 1060, Page 9
`
`

`
`to perform actions in the physical world. . . .
`Passbook is time and location enabled, so
`passes can be configured to display on the
`user’s Lock Screen at the appropriate time and
`place -- such as when the user reaches the
`airport or walks into a store. Each time the user
`wakes their device, Passbook will quickly
`check the relevance of passes and any that are
`now relevant will be displayed on the Lock
`Screen. The user can simply slide to view the
`pass for quick access.
` The Passbook app is where passes are
`stored. The front of a pass contains the most
`important and relevant information, typically
`including a barcode that can be scanned at a
`merchant, event, or location.
`Passes can be updated dynamically by way
`of the Apple Push Notification service which
`lets you easily notify the user of important
`updates, like when a gate changes at the airport
`or when the balance on a gift card changes.
`And passes are pushed to all of a user’s
`devices by iCloud.
`Passes can be distributed via email, the web,
`or directly from an app. Passes can be highly
`personalized with information specific to a
`single user or they can be generic for any
`user.”
` (Exh 126) 1
`“Passbook gives users a whole new way to
`organize boarding passes, tickets, gift cards,
`and loyalty cards. You can bring up passes in
`your app with Pass Kit APIs, send them via
`
`1 Referenced Exhibits are listed in the attached Appendix. Website exhibits are identified in the
`Appendix by URL. Other exhibits are served separately.
`
`Apple, Exhibit 1060, Page 10
`
`

`
`email, or post them on the web. You can also
`set items to appear at certain times or locations
`and update items with push notifications.”
`(Exh 125)
`“You can add passes to Passbook in several
`ways, such as:
`• Passbook-enabled apps: When you buy
`tickets, check in for a flight, or add a card
`through an iOS app, the app will offer or
`prompt you to add a pass to Passbook. To view
`a list of featured Passbook-enabled apps on
`your device, select the Welcome pass in
`Passbook and tap "Apps for Passbook". You
`can also click or tap this link to view the list in
`the iTunes
`Store: http://itunes.com/passbookapps.
`• Mail or Messages: Passes can be sent as
`attachments or links via email or Messages,
`and you can add them to Passbook by tapping
`or clicking on them. Example: An email
`confirming your flight could include your
`boarding pass as a Passbook-enabled
`attachment.
`• Web browser: Websites or webmail can
`also include passes as attachments or links.
`You can click or tap these links to add them to
`Passbook.”
`(Exh 127)
`“Passbook keeps your boarding passes,
`loyalty cards, retail coupons, movie tickets,
`and more all in one place — on your iPhone or
`iPod touch. No worrying about misplaced
`printouts. Or rifling through your wallet at
`checkout. Just open Passbook and tap the pass
`you need. The barcode on the pass is scanned,
`
`Apple, Exhibit 1060, Page 11
`
`

`
`and just like that, you’ve checked in for a
`flight, earned loyalty points, or redeemed a
`coupon. You can add passes to Passbook
`through apps, Mail messages, and websites
`from participating airlines, stores, theaters, and
`more. You can also see when your coupons
`expire, where your concert seats are, and the
`balance left on that all-important coffee bar
`card. Wake your iPhone or iPod touch, and
`passes appear on your Lock screen at the
`appropriate time and place — like when you
`reach the airport or walk into the store to
`redeem your gift card or coupon. And if your
`gate changes after you’ve checked in for your
`flight, Passbook will even alert you to make
`sure you’re not relaxing in the wrong
`terminal.”
`(Exh 127)
`Apple also facilitates integration by
`providing extensive technical documentation
`and support for Passbook, iCloud, Apple Push
`Notification, and other substantial features of
`the Apple iOS ecosystem, to developers, and
`encourages and facilitates the development,
`testing, debugging, and deployment of
`Passbook-enabled “apps” and the offering of
`said apps in Apple’s App Store. See, e.g., Exh.
`63-96, 125-128.
`Exemplary information about the integration
`of online/mobile ticketing or reservations
`systems with the Accused System includes the
`following:
`The Fandango Ticketing System integrates
`Passbook, which “enables moviegoers to get
`their movie tickets sent to their phones as
`
`Apple, Exhibit 1060, Page 12
`
`

`
`mobile barcodes.” (Exh. 117; see also Exh.
`118)
`The Starwood Reservation System
`integrates Passbook.
`“With the release of iOS 6 for iPhone® and
`iPod touch®, SPG® is now integrated with
`Passbook®. This means you have two new
`ways to access your member and stay details:
`Your SPG member card in Passbook includes
`up-to-date account information, while your
`SPG stay pass includes your information for
`upcoming reservations.” (Exh 121)
`“Your SPG member card in Passbook
`allows you to instantly view your member
`number, status, current Starpoints® balance and
`much more right from your iOS 6 iPhone or
`iPod touch.” (Exh 121)
`“• You can download your SPG member
`card in Passbook by visiting spg.com/passbook
`and clicking the "Add to Passbook" button.
`• You may also download your SPG member
`card in Passbook via the SPG App for iPhone.
`Once you sign in to your SPG account via the
`SPG App for iPhone®, look for the tile "Add
`SPG member card to Passbook," then simply
`tap "Add to Passbook" and all of your
`information will be added in Passbook.
`• Download your SPG stay passes for
`reservations through the SPG App for iPhone
`by tapping the "Add your card to Passbook"
`button.” (Exh 121, see also Exh. 119-120)
`Ticketmaster and LiveNation Ticketing
`Systems integrate with Passbook. The
`Ticketmaster and LiveNation apps for iPhone
`and iPod Touch are integrated with Passbook
`
`Apple, Exhibit 1060, Page 13
`
`

`
`for select venues, permitting the transfer and
`redemption of tickets with Passbook. (Exh
`122, 123)
`The StubHub Ticketing System integrates
`with Passbook for certain venues, permitting
`the transfer and redemption of tickets with
`Passbook. “iOS 6 users, now you can store
`and use your tickets using Passbook – just scan
`your iPhone or iPod touch at the gate.
`Passbook is just one of the many ways you use
`StubHub anytime, anywhere on your mobile
`phone… How It Works: Grab Your Tickets on
`StubHub; Store Them In Passbook; Scan Your
`iPhone at the Gate” (Exh 124)
`DOCTRINE OF EQUIVALENTS:
`Ameranth contends that, for each element of
`this claim, if that claim element is not found to
`be literally present, it is present under the
`doctrine of equivalents.
`Ameranth believes that source code and/or
`technical documents that have not yet been
`produced concerning Passbook, iCloud, Apple
`Push Notification, and other substantial
`features of the Apple iOS System , and the
`software, technical documentation, and related
`materials therefor, and the infringing systems
`of the aforenamed online/mobile ticketing or
`reservations systems, will provide further
`evidence of Apple’s infringement of this claim.
`The Apple iOS System includes iCloud, a
`database that stores, inter alia, data, hospitality
`application software, and other items for the
`user, including Passbook passes and associated
`data.
`
`
`a. a central database
`containing hospitality
`applications and data,
`
`
`Apple, Exhibit 1060, Page 14
`
`

`
`See, e.g., Exh. 30 (re iCloud, “content being
`seamlessly available across all their Apple
`products, in contrast to the fragmented
`experience of Google, Microsoft, and
`Amazon”); Exh. 32 (“Embedding personal
`cloud support deep into the Mac OS X and
`iOS, with APIs for developers, to create a
`seamless experience across all apps”); Exh. 42
`(“iCloud is a simple feature that automatically
`makes their personal content available on all
`their devices. To make your app participate in
`this “magic,” you need to design and
`implement your app somewhat differently, and
`for this you need to learn about your app’s
`roles when it participates with iCloud.”), 46
`(“iCloud Storage APIs enable your apps to
`store documents and key value data in iCloud.
`iCloud will wirelessly push documents to a
`user’s device automatically and update the
`documents when changed on any device –
`automatically.”); 47 (“iCloud stores your
`content and wirelessly pushes it to all your
`devices. And because it seamlessly integrates
`with your apps, everything happens
`automatically.”), 71 (“iCloud is seamlessly
`integrated into your apps).
`See also Exh. 48, 49, 51, 52, 53, 54, 55, 56,
`57, 59, 60, 125, 126, 127.
`DOCTRINE OF EQUIVALENTS:
`Ameranth contends that if this claim
`element is not found to be literally present, it is
`present under the doctrine of equivalents.
`Ameranth believes that source code and/or
`technical documents that have not yet been
`produced concerning Passbook, iCloud, Apple
`
`Apple, Exhibit 1060, Page 15
`
`

`
`b. at least one wireless
`handheld computing device
`on which hospitality
`applications and data are
`stored,
`
`
`Push Notification, and other substantial
`features of the Apple iOS System , and the
`software, technical documentation, and related
`materials therefor, and the infringing systems
`of the aforenamed online/mobile ticketing or
`reservations systems, will provide further
`evidence of Apple’s infringement of this claim.
`The Accused System enables end users to
`store, receive, and use Passbook passes and
`associated data on Passbook-compatible
`iPhone and iPod Touch devices.
`See, e.g.,
`“Passbook is the simplest way for users to
`store all their passes in one place. Passes
`allow users to scan their iPhone or iPod touch
`to perform actions in the physical world. . . .
`Passbook is time and location enabled, so
`passes can be configured to display on the
`user’s Lock Screen at the appropriate time and
`place -- such as when the user reaches the
`airport or walks into a store. Each time the user
`wakes their device, Passbook will quickly
`check the relevance of passes and any that are
`now relevant will be displayed on the Lock
`Screen. The user can simply slide to view the
`pass for quick access.
` The Passbook app is where passes are
`stored. The front of a pass contains the most
`important and relevant information, typically
`including a barcode that can be scanned at a
`merchant, event, or location.
`Passes can be updated dynamically by way
`of the Apple Push Notification service which
`lets you easily notify the user of important
`updates, like when a gate changes at the airport
`
`Apple, Exhibit 1060, Page 16
`
`

`
`or when the balance on a gift card changes.
`And passes are pushed to all of a user’s
`devices by iCloud.
`Passes can be distributed via email, the web,
`or directly from an app. Passes can be highly
`personalized with information specific to a
`single user or they can be generic for any
`user.”
` (Exh 126)
`“Passbook gives users a whole new way to
`organize boarding passes, tickets, gift cards,
`and loyalty cards. You can bring up passes in
`your app with Pass Kit APIs, send them via
`email, or post them on the web. You can also
`set items to appear at certain times or locations
`and update items with push notifications.”
`(Exh 125)
`“You can add passes to Passbook in several
`ways, such as:
`• Passbook-enabled apps: When you buy
`tickets, check in for a flight, or add a card
`through an iOS app, the app will offer or
`prompt you to add a pass to Passbook. To view
`a list of featured Passbook-enabled apps on
`your device, select the Welcome pass in
`Passbook and tap "Apps for Passbook". You
`can also click or tap this link to view the list in
`the iTunes
`Store: http://itunes.com/passbookapps.
`• Mail or Messages: Passes can be sent as
`attachments or links via email or Messages,
`and you can add them to Passbook by tapping
`or clicking on them. Example: An email
`confirming your flight could include your
`boarding pass as a Passbook-enabled
`
`Apple, Exhibit 1060, Page 17
`
`

`
`attachment.
`• Web browser: Websites or webmail can
`also include passes as attachments or links.
`You can click or tap these links to add them to
`Passbook.”
`(Exh 127)
`“Passbook keeps your boarding passes,
`loyalty cards, retail coupons, movie tickets,
`and more all in one place — on your iPhone or
`iPod touch. No worrying about misplaced
`printouts. Or rifling through your wallet at
`checkout. Just open Passbook and tap the pass
`you need. The barcode on the pass is scanned,
`and just like that, you’ve checked in for a
`flight, earned loyalty points, or redeemed a
`coupon. You can add passes to Passbook
`through apps, Mail messages, and websites
`from participating airlines, stores, theaters, and
`more. You can also see when your coupons
`expire, where your concert seats are, and the
`balance left on that all-important coffee bar
`card. Wake your iPhone or iPod touch, and
`passes appear on your Lock screen at the
`appropriate time and place — like when you
`reach the airport or walk into the store to
`redeem your gift card or coupon. And if your
`gate changes after you’ve checked in for your
`flight, Passbook will even alert you to make
`sure you’re not relaxing in the wrong
`terminal.”
`(Exh 127)
`
`
`
`
`
`Apple, Exhibit 1060, Page 18
`
`

`
`c. at least one Web
`server on which hospitality
`applications and data are
`stored,
`
`
`Web servers associated with iCloud and/or
`Apple Push Notification Service store (and
`send) emailed Passbook passes and associated
`information and data.
`See, e.g.
`“Passbook is the simplest way for users to
`store all their passes in one place. Passes
`allow users to scan their iPhone or iPod touch
`to perform actions in the physical world. . . .
`Passbook is time and location enabled, so
`passes can be configured to display on the
`user’s Lock Screen at the appropriate time and
`place -- such as when the user reaches the
`airport or walks into a store. Each time the user
`wakes their device, Passbook will quickly
`check the relevance of passes and any that are
`now relevant will be displayed on the Lock
`Screen. The user can simply slide to view the
`pass for quick access.
` The Passbook app is where passes are
`stored. The front of a pass contains the most
`important and relevant information, typically
`including a barcode that can be scanned at a
`merchant, event, or location.
`Passes can be updated dynamically by way
`of the Apple Push Notification service which
`lets you easily notify the user of important
`updates, like when a gate changes at the airport
`or when the balance on a gift card changes.
`And passes are pushed to all of a user’s
`devices by iCloud.
`Passes can be distributed via email, the web,
`or directly from an app. Passes can be highly
`personalized with information specific to a
`single user or they can be generic for any
`
`Apple, Exhibit 1060, Page 19
`
`

`
`user.”
` (Exh 126)
`“Passbook gives users a whole new way to
`organize boarding passes, tickets, gift cards,
`and loyalty cards. You can bring up passes in
`your app with Pass Kit APIs, send them via
`email, or post them on the web. You can also
`set items to appear at certain times or locations
`and update items with push notifications.”
`(Exh 125)
`“You can add passes to Passbook in several
`ways, such as:
`• Passbook-enabled apps: When you buy
`tickets, check in for a flight, or add a card
`through an iOS app, the app will offer or
`prompt you to add a pass to Passbook. To view
`a list of featured Passbook-enabled apps on
`your device, select the Welcome pass in
`Passbook and tap "Apps for Passbook". You
`can also click or tap this link to view the list in
`the iTunes
`Store: http://itunes.com/passbookapps.
`• Mail or Messages: Passes can be sent as
`attachments or links via email or Messages,
`and you can add them to Passbook by tapping
`or clicking on them. Example: An email
`confirming your flight could include your
`boarding pass as a Passbook-enabled
`attachment.
`• Web browser: Websites or webmail can
`also include passes as attachments or links.
`You can click or tap these links to add them to
`Passbook.”
`(Exh 127)
`
`Apple, Exhibit 1060, Page 20
`
`

`
`“Passbook keeps your boarding passes,
`loyalty cards, retail coupons, movie tickets,
`and more all in one place — on your iPhone or
`iPod touch. No worrying about misplaced
`printouts. Or rifling through your wallet at
`checkout. Just open Passbook and tap the pass
`you need. The barcode on the pass is scanned,
`and just like that, you’ve checked in for a
`flight, earned loyalty points, or redeemed a
`coupon. You can add passes to Passbook
`through apps, Mail messages, and websites
`from participating airlines, stores, theaters, and
`more. You can also see when your coupons
`expire, where your concert seats are, and the
`balance left on that all-important coffee bar
`card. Wake your iPhone or iPod touch, and
`passes appear on your Lock screen at the
`appropriate time and place — like when you
`reach the airport or walk into the store to
`redeem your gift card or coupon. And if your
`gate changes after you’ve checked in for your
`flight, Passbook will even alert you to make
`sure you’re not relaxing in the wrong
`terminal.”
`(Exh 127)
`DOCTRINE OF EQUIVALENTS:
`Ameranth contends that if this claim
`element is not found to be literally present, it is
`present under the doctrine of equivalents.
`Ameranth believes that source code and/or
`technical documents that have not yet been
`produced concerning Passbook, iCloud, Apple
`Push Notification, and other substantial
`features of the Apple iOS System , and the
`software, technical documentation, and related
`
`Apple, Exhibit 1060, Page 21
`
`

`
`d. at least one Web page
`on which hospitality
`applications and data are
`stored,
`
`
`materials therefor, and the infringing systems
`of the aforenamed online/mobile ticketing or
`reservations systems, will provide further
`evidence of Apple’s infringement of this claim.
`Apple Passbook users receive emailed
`Passbook passes and associated data, and other
`related communications, via Safari and web
`pages.
`See, e.g.,
`“Passbook is the simplest way for users to
`store all their passes in one place. Passes
`allow users to scan their iPhone or iPod touch
`to perform actions in the physical world. . . .
`Passbook is time and location enabled, so
`passes can be configured to display on the
`user’s Lock Screen at the appropriate time and
`place -- such as when the user reaches the
`airport or walks into a store. Each time the user
`wakes their device, Passbook will quickly
`check the relevance of passes and any that are
`now relevant will be displayed on the Lock
`Screen. The user can simply slide to view the
`pass for quick access.
` The Passbook app is where passes are
`stored. The front of a pass contains the most
`important and relevant information, typically
`including a barcode that can be scanned at a
`merchant, event, or location.
`Passes can be updated dynamically by way
`of the Apple Push Notification service which
`lets you easily notify the user of important
`updates, like when a gate changes at the airport
`or when the balance on a gift card changes.
`And passes are pushed to all of a user’s
`devices by iCloud.
`
`Apple, Exhibit 1060,