`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SOFTVIEW LLC,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`APPLE INC.; AT&T MOBILITY LLC;
`DELL INC.; HTC CORP.; HTC
`AMERICA, INC.; HUAWEI
`TECHNOLOGIES CO., LTD.;
`FUTUREWEI TECHNOLOGIES, INC.;
`KYOCERA CORP.; KYOCERA
`WIRELESS CORP.; LG ELECTRONICS,
`INC.; LG ELECTRONICS USA, INC.; LG
`ELECTRONICS MOBILECOMM U.S.A.,
`INC.; MOTOROLA MOBILITY INC.;
`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; SAMSUNG
`TELECOMMUNICATIONS AMERICA,
`LLC; and SONY ERICSSON MOBILE
`COMMUNICATIONS (USA) INC.,
`
`
`Defendants.
`
`
`
`
`
`
`
`
`Civil Action No. 10-389-LPS
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`SOFTVIEW LLC'S RESPONSES TO MOTOROLA MOBILITY, INC.'S
`FIRST SET OF INTERROGATORIES (NO. 1)
`
`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, and the Local
`
`Rules of the District of Delaware, Plaintiff SoftView LLC ("SoftView") hereby makes the
`
`following objections and responses to Defendant Motorola Mobility, Inc.'s ("Defendant")
`
`First Set of Interrogatories (No. 1) as follows:
`
`
`
`
`
`
`
`
`
`
`
`
`
`Motorola PX 1027_1
`
`

`

`
`
`INTRODUCTION
`
`This response is made solely for the purpose of this action. The response is subject
`
`to all objections as to competence, relevance, materiality, propriety, and admissibility, and to
`
`any and all other objections on the grounds that would require the exclusion of any
`
`statements contained herein if such Interrogatory were asked of, or statements contained
`
`herein were made by, a witness present and testifying in court, all of which objections and
`
`grounds are expressly reserved and may be interposed at the time of trial.
`
`Discovery in this matter is ongoing. Accordingly, the following response is given
`
`without prejudice to SoftView's right to produce evidence of any subsequently discovered
`
`fact or facts that it may later recall or discover. SoftView further reserves the right to
`
`change, amend, or supplement any or all of the matters contained in this response as
`
`additional facts are ascertained, analyses are made, research is completed, and contentions
`
`are made.
`
`Objections to each Interrogatory are made on an individual basis below. From time
`
`to time, for special emphasis, SoftView will repeat in the specific objections certain
`
`objections also set forth in the General Objections. The specific objections are submitted
`
`without prejudice to, and without in any way waiving, the General Objections listed below
`
`but not expressly set forth in the response. The assertion of any objection to any
`
`Interrogatory below is neither intended as, nor shall in any way be deemed a waiver of
`
`SoftView's right to assert that or any other objection at a later date.
`
`No incidental or implied admissions are intended by the response below. The fact
`
`that SoftView has answered or objected to any of the Interrogatories should not be taken as
`
`an admission that SoftView accepts or admits the existence of any "facts" set forth or
`
`assumed by that Interrogatory. The fact that SoftView has answered part or all of any
`
`
`
`
`
`- 2 -
`
`
`
`Motorola PX 1027_2
`
`

`

`
`
`Interrogatory is not intended to be, and shall not be construed to be, a waiver by SoftView
`
`of any part of any objection to that Interrogatory.
`
`GENERAL OBJECTIONS
`
`1.
`
`SoftView objects to the Interrogatories to the extent that they purport to
`
`impose on SoftView obligations that differ from or exceed those required by the Federal
`
`Rules of Civil Procedure, the Local Rules of the United States District Court for the District
`
`of Delaware, or any order or ruling by the Court in this action. SoftView will not comply
`
`with any purported obligation not imposed by law.
`
`2.
`
`SoftView objects to the Interrogatories on the ground and to the extent that
`
`they purport to seek information protected by the work product doctrine, attorney-client
`
`privilege, the settlement privilege, or any other privilege or restriction on discovery.
`
`SoftView will not produce information protected by such privileges or restrictions. Any
`
`inadvertent or unintentional disclosure of such information shall not be deemed a waiver of
`
`any applicable privilege or restriction.
`
`3.
`
`SoftView objects to the Interrogatories to the extent that they seek
`
`information that is neither relevant to the subject matter of this action nor reasonably
`
`calculated to lead to the discovery of admissible evidence.
`
`4.
`
`SoftView objects to the Interrogatories as premature to the extent they require
`
`SoftView to make a legal conclusion or seek SoftView's legal contentions and other
`
`information that SoftView is not required to disclose at this stage of the litigation.
`
`SoftView's response is subject to revision.
`
`5.
`
`SoftView objects to the Interrogatories to the extent they are compound and
`
`are actually multiple interrogatories on the ground that each is an impermissible effort to
`
`
`
`
`
`- 3 -
`
`
`
`Motorola PX 1027_3
`
`

`

`
`
`circumvent the 10 individual Interrogatory limit set by the Scheduling Order in this action
`
`(D.I. 250).
`
`6.
`
`SoftView objects to the Interrogatories to the extent they are vague,
`
`ambiguous, or without sufficient specificity to identify what information is requested.
`
`7.
`
`SoftView objects to the Interrogatories to the extent that they are overbroad,
`
`unduly burdensome, oppressive, or seeking information that is beyond the proper scope of
`
`discovery under the Federal Rules of Civil Procedure, including but not limited to Federal
`
`Rule of Civil Procedure 26(b).
`
`8.
`
`SoftView objects to the Interrogatories to the extent that they seek disclosure
`
`of trade secret, proprietary, or other confidential or competitively sensitive information of
`
`SoftView or personal information that is protected by statutory, constitutional, common law
`
`or privacy rights. SoftView reserves the right not to provide any of this information until it
`
`receives appropriate approvals.
`
`9.
`
`SoftView objects to the Interrogatories to the extent they call for trade secret,
`
`proprietary, or other confidential or competitively sensitive information of third parties.
`
`SoftView will not disclose any of this information without approval or, where applicable, a
`
`court order.
`
`10.
`
`SoftView objects to the Interrogatories to the extent they call for information
`
`SoftView does not have the legal authority to release. SoftView will not disclose any of this
`
`information without approval.
`
`11.
`
`SoftView objects to the Interrogatories to the extent they seek premature
`
`expert discovery.
`
`
`
`
`
`- 4 -
`
`
`
`Motorola PX 1027_4
`
`

`

`
`
`12.
`
`SoftView objects to the Interrogatories to the extent they seek information
`
`that is publicly available, in the possession, custody, or control of Defendant or any person
`
`or entity other than SoftView, and is equally accessible to Defendant.
`
`13.
`
`SoftView objects to the Interrogatories to the extent they request information
`
`concerning patent claims and claim terms that have not yet been construed by the Court.
`
`SoftView reserves its right to modify or supplement its responses as a result of any rulings
`
`by the Court bearing on claim construction and/or discovery bearing on claim construction.
`
`14.
`
`SoftView objects to the definition of "SoftView" set forth in paragraph 1 of
`
`the Definitions to the extent that those definitions purport to impose discovery obligations
`
`on persons or entities other than the parties to this action, and to the extent they seek
`
`discovery from individuals or entities over which SoftView has no control.
`
`15.
`
`SoftView objects to the defined term "Asserted Patents" in paragraph 5 of the
`
`definitions as vague and ambiguous, overbroad and unduly burdensome to the extent it
`
`encompasses any patents other than U.S. Patent Nos. 7,461,353 and 7,831,926.
`
`16.
`
`To the extent that SoftView responds to any Interrogatory, its responses
`
`reflect only the current state of knowledge, understanding, and belief of SoftView with
`
`regard to matters about which inquiry has been made. As discovery in this matter is not yet
`
`complete, SoftView may not yet have uncovered all information or facts pertinent to any
`
`such Interrogatory and may not yet have identified or located all persons with knowledge of
`
`pertinent information or facts. SoftView expects and consequently reserves the right to
`
`modify or supplement its response at a later time with whatever pertinent information it may
`
`subsequently discover. Furthermore, this response is provided without prejudice to using or
`
`relying on at trial any subsequently discovered information or facts, or information omitted
`
`from these responses as a result of mistake, oversight, or inadvertence. SoftView further
`
`
`
`
`
`- 5 -
`
`
`
`Motorola PX 1027_5
`
`

`

`
`
`reserves the right to produce additional facts and evidence at trial and to object on
`
`appropriate grounds to the introduction into evidence of any portion of these responses.
`
`Each and all of the foregoing General Objections are hereby expressly incorporated
`
`into each and all of the following specific responses. For particular emphasis, one or more
`
`of these General Objections may be reiterated in a specific response. The absence of any
`
`reiteration in a given specific response is neither intended as, nor shall be construed as, a
`
`limitation or waiver of any General Objection made herein. Moreover, the inclusion of a
`
`specific objection to a specific response is neither intended as, nor shall be construed as, a
`
`limitation or waiver of any General Objection or any other specific objection made herein.
`
`SPECIFIC OBJECTIONS AND RESPONSES
`
`INTERROGATORY NO. 1:
`
`Explain in detail SoftView’s infringement contentions against Defendant, including
`
`but not limited to, for each Asserted Claim: (a) a chart identifying each Accused
`
`Instrumentality and an identification of where each limitation of each Asserted Claim is
`
`found within each such Accused Instrumentality, including an identification that is as
`
`specific as possible of the structure(s), material(s), code, and/or act(s) in the Accused
`
`Instrumentality that constitutes or performs the claimed limitation, together with an
`
`indication of whether the limitation is present literally or under the doctrine of equivalents in
`
`the Accused Instrumentality; and (b) an identification of each statutory subsection of 35
`
`U.S.C. § 271 that is asserted, including, for each claim alleged to be directly infringed in
`
`whole or in part by a person other than Defendant, a specific identification of the direct
`
`infringer or infringers, a description of the acts that allegedly directly infringe, and a specific
`
`description of the acts of Defendant that are alleged to establish liability for the alleged
`
`direct infringement.
`
`
`
`
`
`- 6 -
`
`
`
`Motorola PX 1027_6
`
`

`

`
`
`RESPONSE TO INTERROGATORY NO. 1:
`
`SoftView incorporates its Introduction and General Statement and Objections recited
`
`above as if set forth fully herein. In addition, SoftView specifically objects to this
`
`Interrogatory as follows: SoftView objects that this Interrogatory seeks information
`
`protected by the attorney-client privilege, the attorney work product doctrine, settlement
`
`privilege, or any other applicable privilege or protection. SoftView objects to this
`
`Interrogatory as premature and calling for expert testimony. SoftView only received initial
`
`Interrogatory responses from Defendant several days ago and has only just begun to receive
`
`and review documents from Defendant. Discovery in this matter is ongoing, and SoftView's
`
`investigation regarding the information requested by this Interrogatory is not complete. For
`
`these and other reasons, any answer to this Interrogatory cannot be complete and is subject
`
`to supplementation, addition, and/or correction at a later date when SoftView has had the
`
`opportunity to take full discovery and analyze that discovery.
`
`Subject to, and without waiving, the general and specific objections stated above,
`
`SoftView responds as follows: SoftView asserted that Defendant infringes the asserted
`
`claims in U.S. Patent Nos. 7,461,353 and 7,831,926 under 35. U.S.C. § 271(a), (b), and (c).
`
`SoftView incorporates by reference the charts attached as Exhibits A and B setting
`
`forth SoftView's preliminary contentions, based on information currently available to
`
`SoftView, with respect to how Defendant's Accused Devices meet the limitations of the
`
`asserted claims in U.S. Patent Nos. 7,461,353 and 7,831,926.
`
`In addition, Defendant contributorily infringes the asserted method claims in U.S.
`
`Patent Nos. 7,461,353 and 7,831,926 by offering to sell or selling to third parties within the
`
`United States or importing into the United States the Accused Devices, each of which is an
`
`apparatus constituting a material part of the invention for use by third parties in practicing
`
`
`
`
`
`- 7 -
`
`
`
`Motorola PX 1027_7
`
`

`

`
`
`the asserted method claims, knowing that the Accused Devices were especially made or
`
`especially adapted for use in infringement of the asserted method claims. The accused
`
`functionalities of the Accused Devices are not suitable for substantial noninfringing use.
`
`In addition, Defendant actively induces infringement of the asserted claims in U.S.
`
`Patent Nos. 7,461,353 and 7,831,926 by intentionally causing third parties to infringe by
`
`inducing infringing uses of the Accused Devices. Evidence of the promotion of infringing
`
`use includes Defendant's instructions, marketing, manuals, and guides that are available to
`
`users of the Accused Devices, including documents cited in Exhibits A and B.
`
`SoftView expressly reserves the right to supplement this response.
`
`
`
`
`
`
`
`
`
`
`
`
`July 26, 2012
`
`
`
`
`
`/s/ Erin McCracken
`
`By: ______________________________
`IRELL & MANELLA LLP
`Morgan Chu
`Samuel K. Lu
`Erin McCracken
`Dorian Berger
`Craig Johnson
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`(310) 277-1010
`mchu@irell.com; slu@irell.com;
`emccracken@irell.com;
`dberger@irell.com; cjohnson@irell.com
`
`BLANK ROME LLP
`Steven L. Caponi (# 3484)
`1201 Market Street, Suite 800
`Wilmington, DE 19801
`(302) 425-6400
`caponi@blankrome.com
`
`Attorneys for SoftView LLC
`
`- 8 -
`
`
`
`
`
`Motorola PX 1027_8
`
`

`

`
`
`
`Claim Language
`1. A wireless device, comprising:
`
`U.S. PATENT NO. 7,461,353
`
`EXHIBIT A
`
`Accused Instrumentalities
`The accused Motorola devices1 are wireless devices. As exemplars:
`
`The Admiral is a wireless device that connects to the "CDMA 800/1900" and "CDMA
`EV-DO Release A" networks. Motorola Admiral – Sprint Android Smartphone with
`Push-To-Talk, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-
`Product-and-Services/Mobile-Phones/ci.MOTOROLA-ADMIRAL-US-EN.alt#anchor
`(last visited January 25, 2012). It also has 802.11 b,g,n Wi-Fi connectivity. Id.
`
`Atrix models are wireless devices. For example, the Atrix 2 has 4G capability and
`connects to "multiple networks": "WCDMA 850/1900/2100, GSM 850/900/1800/1900,
`HSDPA 21.1 Mbps (Category 14) Edge Class 12, GPRS Class 12, eCompass, AGPS."
`Motorola ATRIX 2 – Dual Core 4G Android Smartphone, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-ATRIX-2-US-EN.alt#anchor (last visited January 25, 2012). It
`also has 802.11 b,g,n Wi-Fi connectivity. Id.
`
`The Droid models are wireless devices. For example, the Droid 4 has 4G LTE capability
`and connects to "multiple networks": "CDMA800, CDMA1900, LTE B13." Android 4G
`Smaprtphone – SPECS, Motorola, http://www.motorola.com/Consumers/US-
`EN/Consumer-Product-and-Services/Mobile-Phones/ci.DROID4-BY-MOTOROLA-US-
`EN.alt#anchor (last visited January 26, 2012). It also has 802.11 b, g, n Wi-Fi
`connectivity. Id.
`
`
`1 The following Motorola models infringe U.S. Patent No. 7,461,353: ADMIRAL, Admiral, ATRIX, ATRIX 2, ATRIX 4G, Backflip, Bionic, Bravo,
`Charm, CITRUS, CLIQ, Defy, Devour, DROID, DROID 2, DROID 2 GLOBAL, DROID 3, DROID 4, DROID BIONIC, DROID Pro, DROID RAZR, DROID
`RAZR MAXX, DROID X, DROID X2, DROID XYBOARD 10.1, DROID XYBOARD 8.2, Electrify, FlipOut, FlipSide, Il, i867, Milestone X, Photon, PHOTON
`4G, Titanium, Triumph, Xoom, XPRT, XYBoard. SoftView reserves the right to supplement this infringement analysis with additional Motorola models as they
`become known.
`
`2680101
`
`
`
`
`
`
`Motorola PX 1027_9
`
`

`

`Claim Language
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`The Electrify is a wireless device. The Electrify has 3G capability and connects to
`"multiple networks": "Wordphone – CDMA 800/1900, WCDMA 850/1900/2100, GSM
`850/900/1800/1900." Motorola ELECTRIFY Superphone, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-ELECTRIFY-US-EN.alt#anchor (last visited January 26,
`2012). It also has 802.11 b, g, n Wi-Fi connectivity. Id.
`
`The Milestone X is a wireless device. The Milestone X connects to the CDMA 1X
`800/1900 and EVDO rev. A networks and also has 802.11 n Wi-Fi connectivity.
`Motorola MILESTONE X – Android phone – HD phone – Tech Specs, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-MILESTONE-X-US-EN.alt (last visited January 26, 2012).
`
`The Photon is a wireless device. The Photon has 4G capability and connects to "multiple
`networks": "Wordphone – WiMAX 2500, CDMA 800/1900, WCDMA 850/1900/2100,
`GSM 850/900/1800/1900." Buy Your PHOTON 4G Superphone Today – SPECS,
`Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Mobile-Phones/ci.MOTOROLA-PHOTON-4G-US-EN.alt#anchor (last visited
`January 26, 2012). It also has 802.11 b, g, n Wi-Fi connectivity. Id.
`
`The Titanium is a wireless device that connects to "iDEN 800/900 MHz, Nextel Direct
`Connect®, 900 MHz DirectTalk." Walking Talkie Push to Talk Phone – MOTOROLA
`TITANIUM, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-
`Product-and-Services/Mobile-Phones/MOTOROLA-TITANIUM-US-EN (last visited
`January 26, 2012). It also has 802.11 b, g Wi-Fi connectivity. Id.
`
`The Triumph is a wireless device that connects to "Sprint's Nationwide 3G network"
`with "CDMA 1990 MHz" and "EVDO Rev. a." Android Video Chat Smart Phone –
`Motorola Triumph, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-
`Product-and-Services/Mobile-Phones/MOTOROLA-TRIUMPH-US-EN (last visited
`
`2680101
`
`- 2 -
`
`
`
`
`Motorola PX 1027_10
`
`

`

`Claim Language
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`January 26, 2012). It also has 802 b, g, n Wi Fi connectivity. Id.
`
`The Xoom models are wireless devices. For example, the Xoom with WiFi has 802.11 a,
`b, g, n connectivity and utilizes Bluetooth technology. Buy Your XOOM Tablet Today –
`Specs, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Tablets/ci.MOTOROLA-XOOM-with-WiFi-US-EN.alt#anchor (last visited
`January 25, 2012).
`
`The XPRT is a wireless device with 3G capability in CDMS and UMTS. The XPRT
`connects to "multiple networks": "Worldphone - 800/1900 CDMA EVDO Rev. A with
`dual diversity antenna, 850/900/1800/1900MHz GSM, GPRS Class 12, EDGE Class 12,
`850/1900/2100 WCDMA (category 9/10), HSDPA 10.2mbps, HSUPA 1.8 mbps."
`Motorola XPRT – SPECS, Motorola, http://www.motorola.com/Consumers/US-
`EN/Consumer-Product-and-Services/Mobile-Phones/ci.MOTOROLA-XPRT-US-
`EN.alt#anchor (last visited January 25, 2012). It also has 802.11 b,g,n Wi-Fi
`connectivity. Id.
`
`The XYBoard models are wireless devices. For example, the XYBoard 10.1 with WiFi
`has 802.11 a, b, g, n connectivity and utilizes Bluetooth technology. MOTOROLA
`XYBOARD 10.1 With WiFi – Android Tablet PC – SPECS, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Tablets/ci.MOTOROLA-XYBOARD-10-1-with-WI-FI-US-EN.alt#anchor (last
`visited January 25, 2012).
`
`processing means;
`
`The accused Motorola devices include a processing means.
`
`The Admiral contains a processing means. The 1.2 GHz processor is a processing
`means. Motorola Admiral – Sprint Android Smartphone with Push-To-Talk, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-ADMIRAL-US-EN.alt#anchor (last visited January 25, 2012).
`
`2680101
`
`- 3 -
`
`
`
`
`Motorola PX 1027_11
`
`

`

`Claim Language
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`Atrix models contain a processing means. For example, the Atrix 2 contains a "1GHz
`Dual Core" processor. Motorola ATRIX 2 – Dual Core 4G Android Smartphone,
`Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Mobile-Phones/ci.MOTOROLA-ATRIX-2-US-EN.alt#anchor (last visited
`January 25, 2012).
`
`The Droid models contain a processing means. For example, the Droid 4 contains a
`"Dual-Core 1.2GHz, Dual-Channel RAM Processor." Android 4G Smaprtphone –
`SPECS, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-
`and-Services/Mobile-Phones/ci.DROID4-BY-MOTOROLA-US-EN.alt#anchor (last
`visited January 26, 2012). It also has 802.11 b, g, n connectivity. Id.
`
`The Electrify contains a processing means. The Electrify contains a 1 GHz dual core
`processor. Motorola ELECTRIFY Superphone, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-ELECTRIFY-US-EN.alt#anchor (last visited January 26,
`2012).
`
`The Photon contains a processing means. The 1GHz dual core processor in the Photon is
`a processing means. Buy Your PHOTON 4G Superphone Today – SPECS, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-PHOTON-4G-US-EN.alt#anchor (last visited January 26,
`2012).
`
`The Triumph contains a processing means. The 1 GHz processor in the phone is the
`processing means. Android Video Chat Smart Phone – Motorola Triumph, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/MOTOROLA-TRIUMPH-US-EN (last visited January 26, 2012).
`
`The Xoom models contain a processing means. The Xoom with WiFi contains a "1GHz
`Dual Core" processor. Buy Your XOOM Tablet Today – Specs, Motorola,
`
`2680101
`
`- 4 -
`
`
`
`
`Motorola PX 1027_12
`
`

`

`Claim Language
`
`wireless communications means, to
`facilitate wireless communication with a
`network that supports access to the
`Internet;
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Tablets/ci.MOTOROLA-XOOM-with-WiFi-US-EN.alt#anchor (last visited
`January 25, 2012).
`
`The XPRT contains a processing means. The XPRT contains "1 GHz TI OMAP"
`processor. Motorola XPRT – SPECS, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-XPRT-US-EN.alt#anchor (last visited January 25, 2012).
`
`The XYBoard models contain a processing means. The XYBoard 10.1 with WiFi
`contains a "Dual Core 1.2 GHz" processor. MOTOROLA XYBOARD 10.1With WiFi –
`Android Tablet PC – SPECS, Motorola, http://www.motorola.com/Consumers/US-
`EN/Consumer-Product-and-Services/Tablets/ci.MOTOROLA-XYBOARD-10-1-with-
`WI-FI-US-EN.alt#anchor (last visited January 25, 2012).
`
`The accused Motorola devices contain a wireless communications means that facilitates
`wireless communications with a network that supports access to the Internet.
`
`The Admiral contains a wireless communications means. The Admiral connects to one
`or more wireless networks, including the "CDMA 800/1900" and "CDMA EV-DO
`Release A" networks. Motorola Admiral – Sprint Android Smartphone with Push-To-
`Talk, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Mobile-Phones/ci.MOTOROLA-ADMIRAL-US-EN.alt#anchor (last visited
`January 25, 2012). It also has 802.11 b,g,n Wi-Fi connectivity. Id. The wireless
`communications means facilitates communication with one or more wireless networks
`that support access to the Internet.
`
`Atrix models contain a wireless communication means. The Atrix 2 has 4G capability
`and connects to "multiple [wireless] networks," including the "WCDMA 850/1900/2100,
`GSM 850/900/1800/1900, HSDPA 21.1 Mbps (Category 14) Edge Class 12, GPRS Class
`12, eCompass, [and] AGPS" networks. Motorola ATRIX 2 – Dual Core 4G Android
`
`2680101
`
`- 5 -
`
`
`
`
`Motorola PX 1027_13
`
`

`

`Claim Language
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`Smartphone, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-
`Product-and-Services/Mobile-Phones/ci.MOTOROLA-ATRIX-2-US-EN.alt#anchor
`(last visited January 25, 2012). It also has 802.11 b,g,n Wi-Fi connectivity. Id. The
`wireless communications means facilitates communication with one or more wireless
`networks that support access to the Internet.
`
`The Droid models contain a wireless communications means. For example, the Droid 4
`has 4G LTE capability and connects to "multiple [wireless] networks," including the
`"CDMA800, CDMA1900, [and] LTE B13" networks. Android 4G Smaprtphone –
`SPECS, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-
`and-Services/Mobile-Phones/ci.DROID4-BY-MOTOROLA-US-EN.alt#anchor (last
`visited January 26, 2012). It also has 802.11 b, g, n connectivity. Id. The wireless
`communications means facilitates communication with one or more wireless networks
`that support access to the Internet.
`
`The Electrify contains a wireless communication means. The Electrify has 3G capability
`and connects to "multiple [wireless] networks," including the "Wordphone – CDMA
`800/1900, WCDMA 850/1900/2100, [and] GSM 850/900/1800/1900" networks.
`Motorola ELECTRIFY Superphone, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-ELECTRIFY-US-EN.alt#anchor (last visited January 26,
`2012). It also has 802.11 b, g, n Wi-Fi connectivity. Id. The wireless communications
`means facilitates communication with one or more wireless networks that support access
`to the Internet. Id.
`
`The Milestone X contains a wireless communication means. The Milestone X connects
`to one or more wireless networks, including the CDMA 1X 800/1900 and EVDO rev. A
`networks and also has WiFi 802.11 n connectivity. Motorola MILESTONE X – Android
`phone – HD phone – Tech Specs, Motorola, http://www.motorola.com/Consumers/US-
`EN/Consumer-Product-and-Services/Mobile-Phones/ci.MOTOROLA-MILESTONE-X-
`US-EN.alt (last visited January 26, 2012). The wireless communications means
`
`2680101
`
`- 6 -
`
`
`
`
`Motorola PX 1027_14
`
`

`

`Claim Language
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`facilitates communication with one or more wireless networks that support access to the
`Internet. Id.
`
`The Photon contains a wireless communication means. The Photon has 4G capability
`and connects to "multiple [wireless] networks," including the "Wordphone – WiMAX
`2500, CDMA 800/1900, WCDMA 850/1900/2100, [and] GSM 850/900/1800/1900"
`networks. Buy Your PHOTON 4G Superphone Today – SPECS, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-PHOTON-4G-US-EN.alt#anchor (last visited January 26,
`2012). It also has WiFi 802.11 b, g, n connectivity. Id. The wireless communications
`means facilitates communication with one or more wireless networks that support access
`to the Internet. Id.
`
`The Titanium contains a wireless communications means. The Titanium is a wireless
`device that connects to one or more wireless networks, including the "iDEN 800/900
`MHz, Nextel Direct Connect®, [and] 900 MHz DirectTalk" networks. Walking Talkie
`Push to Talk Phone – MOTOROLA TITANIUM, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/MOTOROLA-TITANIUM-US-EN (last visited January 26, 2012). It also has
`WiFi 802.11 b, g connectivity. Id. The wireless communications means facilitates
`communication with one or more wireless networks that support access to the Internet.
`Id.
`
`The Triumph contains a wireless communications means. The Triumph connects to one
`or more wireless networks, including "Sprint's Nationwide 3G network" with "CDMA
`1990 MHz" and "EVDO Rev. a." Android Video Chat Smart Phone – Motorola
`Triumph, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-
`and-Services/Mobile-Phones/MOTOROLA-TRIUMPH-US-EN (last visited January 26,
`2012). It also has 802 b, g, n WiFi Connectivity. Id. The wireless communications
`means facilitates communication with one or more wireless networks that support access
`
`2680101
`
`- 7 -
`
`
`
`
`Motorola PX 1027_15
`
`

`

`Claim Language
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`
`to the Internet. Id.
`
`The Xoom models contain a wireless communications means. The Xoom connects to
`one or more wireless networks. The Xoom has WiFi has 802.11 a, b, g, n connectivity
`and utilizes Bluetooth technology. Buy Your XOOM Tablet Today – Specs, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Tablets/ci.MOTOROLA-XOOM-with-WiFi-US-EN.alt#anchor (last visited
`January 25, 2012). The wireless communications means facilitates communication with
`one or more wireless networks that support access to the Internet. Id.
`
`The XPRT contains a wireless communications means. The XPRT connects to one or
`more wireless networks. The XPRT has 3G capability in CDMS and UMTS. Motorola
`XPRT – SPECS, Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-
`Product-and-Services/Mobile-Phones/ci.MOTOROLA-XPRT-US-EN.alt#anchor (last
`visited January 25, 2012). The XPRT connects to "multiple networks": "Worldphone -
`800/1900 CDMA EVDO Rev. A with dual diversity antenna, 850/900/1800/1900MHz
`GSM, GPRS Class 12, EDGE Class 12, 850/1900/2100 WCDMA (category 9/10),
`HSDPA 10.2mbps, HSUPA 1.8 mbps." Id. It also has 802.11 b,g,n Wi-Fi connectivity.
`Id. The wireless communications means facilitates communication with one or more
`wireless networks that support access to the Internet. Id.
`
`The XYBoard models contain a wireless communications means. The XYBoard models
`connect to one or more wireless networks. The XYBoard 10.1 with WiFi has 802.11 a,
`b, g, n connectivity and utilizes Bluetooth technology. MOTOROLA XYBOARD
`10.1With WiFi – Android Tablet PC – SPECS, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Tablets/ci.MOTOROLA-XYBOARD-10-1-with-WI-FI-US-EN.alt#anchor (last
`visited January 25, 2012). The wireless communications means facilitates
`communication with one or more wireless networks that support access to the Internet.
`Id.
`
`2680101
`
`- 8 -
`
`
`
`
`Motorola PX 1027_16
`
`

`

`Claim Language
`
`a display;
`
`EXHIBIT A
`
`U.S. PATENT NO. 7,461,353
`Accused Instrumentalities
`The accused Motorola devices contain a display. For example:
`
`The Admiral contains a touch screen display. Motorola Admiral – Sprint Android
`Smartphone with Push-To-Talk, Motorola, http://www.motorola.com/Consumers/US-
`EN/Consumer-Product-and-Services/Mobile-Phones/ci.MOTOROLA-ADMIRAL-US-
`EN.alt#anchor (last visited January 25, 2012).
`
`Atrix models contain a display. The Atrix 2 contains a "touch screen" and a "light-
`responsive display." Motorola ATRIX 2 – Dual Core 4G Android Smartphone,
`Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Mobile-Phones/ci.MOTOROLA-ATRIX-2-US-EN.alt#anchor (last visited
`January 25, 2012).
`
`The Droid models contain a display. For example, the Droid 4 contains a "light-
`responsive display" with a "touch screen." Android 4G Smaprtphone – SPECS,
`Motorola, http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-
`Services/Mobile-Phones/ci.DROID4-BY-MOTOROLA-US-EN.alt#anchor (last visited
`January 26, 2012).
`
`The Electrify contains a "light-responsive display" with a "touch screen." Motorola
`ELECTRIFY Superphone, Motorola, http://www.motorola.com/Consumers/US-
`EN/Consumer-Product-and-Services/Mobile-Phones/ci.MOTOROLA-ELECTRIFY-US-
`EN.alt#anchor (last visited January 26, 2012).
`
`The Milestone X contains a "light-responsive display" with a "touch screen." Motorola
`MILESTONE X – Android phone – HD phone – Tech Specs, Motorola,
`http://www.motorola.com/Consumers/US-EN/Consumer-Product-and-Services/Mobile-
`Phones/ci.MOTOROLA-MILESTONE-X-US-EN.alt