IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`Civil Action No. 3:13-cv-03595-N
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`
`
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`MICROGRAFX, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`
`GOOGLE, INC. and MOTOROLA
`MOBILITY, LLC
`
`
`Defendants.
`
`
`
`
`
`PLAINTIFF MICROGRAFX, LLC’S PRELIMINARY DISCLOSURE OF ASSERTED
`CLAIMS AND INFRINGEMENT CONTENTIONS
`
`Plaintiff Micrografx, LLC (“Micrografx”), by and through its attorneys, pursuant to
`
`Miscellaneous Order No. 62 (“Order 62”) and the Joint Proposed Schedule of the Initial Case
`
`Management Report, Dkt. 41 Ex. A, hereby serves its Preliminary Disclosure of Asserted Claims
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`and Infringement Contentions against Google, Inc. (“Google”) and Motorola Mobility, LLC
`
`(“Motorola”) (individually and collectively, “Defendants”), as well Micrografx’s accompanying
`
`document production as required by Order 62. These contentions address infringement by
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`Google and by Motorola of U.S. Patents No. 6,057,854 (“’854 patent”), No. 6,552,732 (“’732
`
`patent”), and No. 5,959,633 (“’633 patent”) (collectively “Asserted Patents”).
`
`This disclosure is made solely for the purpose of this action. This disclosure is subject to
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`all objections as to competence, relevance, materiality, propriety, and admissibility, and to any
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`other objections on grounds that would require the exclusion of statements contained herein if
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`such disclosure were asked of, or statement contained herein were made by, a witness present
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`and testifying in court, all of which objections and grounds are expressly reserved and may be
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`interposed at the time of trial.
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`1
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`GOOGLE-1008
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`

`
`Discovery in this matter has just begun. Defendants have not yet been required to make
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`their initial production subject to Order 62, 3-4, including: “[s]ource code, specifications,
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`schematics, flow charts, artwork, formulas, or other documentation sufficient to show the
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`operation of any aspects or elements of an accused instrumentality identified by the patent
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`claimant in its paragraph 3-1(a)(3) chart.” Id. at 8. Nor have Google and Motorola otherwise
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`produced source code relating to the accused instrumentalities in this matter. Micrografx’s
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`investigation of Google’s and Motorola’s infringement is ongoing. This disclosure is therefore
`
`based in large part upon information that Micrografx has been able to obtain publicly, together
`
`with Micrografx’s current good faith beliefs regarding the accused instrumentalities. This
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`disclosure is given without prejudice to Micrografx’s rights, and Micrografx hereby expressly
`
`reserves its rights under Order 62, 3-6 and 3-7, or any other applicable basis, to further
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`supplement or amend its contentions, including without limitation to add asserted claims or
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`accused instrumentalities as additional facts are ascertained, analyses are made, research is
`
`completed, contentions are made, and claims are construed. The following disclosures are made
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`subject to and without waiving any of the foregoing.
`
`I.
`
`INFRINGEMENT CONTENTIONS WITH RESPECT TO GOOGLE
`
`A.
`
`DISCLOSURE OF CLAIMS ASSERTED AGAINST GOOGLE
`
`Pursuant to Order 62, 3-1(a)(1), Micrografx, based on the information presently available
`
`to it, asserts that each of the following claims is infringed by Google: ’854 Patent claims 1, 2, 3,
`
`5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61, 62, 63, 64, 65, 66, 68, 69, 71,’732 Patent
`
`claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42, and ’633 Patent claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15.
`
`B.
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`DISCLOSURE OF GOOGLE’S ACCUSED INSTRUMENTALITIES
`
`Pursuant to Order 62, 3-1(a)(2), Micrografx, based on the information presently available
`
`to it, identifies the following Google accused instrumentalities and which claims each Google
`
`2
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`

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`accused instrumentality is accused of infringing. Each of the Google accused instrumentalities
`
`identified below may itself constitute one part or step of a completed act of direct infringement,
`
`as described in detail in the infringement charts discussed below and attached hereto as Exhibits
`
`1, 3, and 5.
`
`Google infringes the asserted claims pursuant to § 271(a) by making, using, selling, or
`
`offering to sell in the United States without authority the Google accused instrumentalities listed
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`below with respect to each of the Asserted Patents, which accused instrumentalities include
`
`technology in the fields of vector graphics (’854 and ’732 patents) and external shapes (’633
`
`patent).
`
`1.
`
`’854 Patent: Google Infringing Instrumentalities:
`
`• Google’s Nexus 4 (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61,
`62, 63, 64, 65, 66, 68, 69, 71)
`• Google’s Nexus 5 (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61,
`62, 63, 64, 65, 66, 68, 69, 71)
`• Google’s Nexus 7 (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61,
`62, 63, 64, 65, 66, 68, 69, 71)
`• Google’s Nexus 10 (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61,
`62, 63, 64, 65, 66, 68, 69, 71)
`• Google’s Chrome Browser (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57,
`59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Google Maps (Android, iOS, web) (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55,
`56, 57, 59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Google’s Chromebook Pixel (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56,
`57, 59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Google’ servers providing vector graphics (e.g. Google Maps servers) (Claims 1, 2, 3,
`5, 7, 10, 11, 12, 14, 16, 19)
`• Google’s interactive vector objects (Claims 1, 2, 3, 5, 7)
`
`
`
`2.
`
`’732 Patent: Google Infringing Instrumentalities:
`
`• Google’s Nexus 4 (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Google’s Nexus 5 (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Google’s Nexus 7 (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Google’s Nexus 10 (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Google’s Chrome Browser (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Google Maps (Android, iOS, web) (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`
`3
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`

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`• Google’s Chromebook Pixel (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Google’s servers providing vector graphics (e.g. Google Maps servers) (Claims 1, 2,
`3, 4, 5, 8, 9, 12)
`• Google’s interactive vector objects (Claims 1, 2, 3, 4, 5)
`
`3.
`
`’633 Patent: Google Infringing Instrumentalities:
`
`• Google’s Nexus 4 (Claims 1, 2, 3, 4, 6)
`• Google’s Nexus 5 (Claims 1, 2, 3, 4, 6)
`• Google’s Nexus 7 (Claims 1, 2, 3, 4, 6)
`• Google’s Nexus 10 (Claims 1, 2, 3, 4, 6)
`• Google Maps Application for Android (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`
`
`
`
`
`The particular acts constituting infringement by or including each of the above-listed
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`Google instrumentalities are detailed in the claim charts attached herewith as Exhibits 1, 3, and 5,
`
`pursuant to Order 62, 3-1(a)(3).
`
`Further, although this disclosure is not required by Order 62, on information and belief,
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`Google also infringes the asserted claims pursuant to § 271(b) by inducing infringement of each
`
`of the asserted claims with respect to the above-listed accused instrumentalities, such as by end
`
`users of Google devices and services; and such as by Google’s inducement of Motorola to make,
`
`use, sell, offer for sale, or import the Motorola accused instrumentalities. Similarly, on
`
`information and belief, Google induces other third-party device manufacturers through acts like
`
`those just described with respect to Motorola. On information and belief, Google actively
`
`induces infringement by third parties by actively and knowingly supplying both hardware and
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`software, encouraging consumers to acquire and use such hardware and software in an infringing
`
`manner, and thereby making and/or using the infringing systems and apparatuses or performing
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`the steps of the asserted method claims, with knowledge that such conduct constitutes an act of
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`infringement.
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`Further, although this disclosure is not required by Order 62, on information and belief,
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`Google infringes the asserted claims pursuant to § 271(c) by offering to sell or selling within the
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`4
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`United States software and/or hardware for use in practicing each of the asserted claims, where
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`the software and/or hardware constitutes a material part of the claimed inventions, Google knows
`
`the software to be especially made or especially adapted for use in infringement of the asserted
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`claims, and the software and/or hardware is not a staple article or commodity of commerce
`
`suitable for substantial non-infringing use.
`
`C.
`
`CHARTS IDENTIFYING INFRINGEMENT OF THE MICROGRAFX
`PATENTS BY THE GOOGLE ACCUSED INSTRUMENTALITIES
`
`Pursuant to Order 62, 3-1(a)(3), attached as Exhibits 1, 3, and 5, are detailed charts
`
`identifying specifically where each element of each asserted claim is found within each Google
`
`accused instrumentality. Micrografx notes that neither Google nor Motorola has yet provided
`
`discovery in this matter and Micrografx has prepared these charts based on the limited
`
`information presently available to it and accordingly reserves its right to amend or supplement
`
`these charts upon obtaining relevant information during discovery.
`
`D.
`
`DOCTRINE OF EQUIVALENTS WITH RESPECT TO GOOGLE
`
`Pursuant to Order 62, 3-1(a)(4), Micrografx contends based on information available to it
`
`at this time that each element of each asserted claim is literally present in each Google accused
`
`instrumentality as set forth above and identified in the charts attached as Exhibits 1, 3, and 5.
`
`Based on the information presently available to it, Micrografx believes that any element
`
`of the asserted claims that is not literally met by the Google accused instrumentalities is likely to
`
`be met under the Doctrine of Equivalents. However, Google has not yet made its initial
`
`production, as described above. Nor has Google otherwise made any production of source code
`
`relating to the Google accused instrumentalities in this matter. Micrografx’s investigation of
`
`Google’s infringement is ongoing.
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`5
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`

`
`This disclosure is therefore based upon information that Micrografx has been able to
`
`obtain publicly, together with Micrografx’s current good faith beliefs regarding the accused
`
`instrumentalities. This disclosure is given without prejudice to Micrografx’s right to further
`
`supplement or amend as additional facts are ascertained, analyses are made, research is
`
`completed, contentions are made, and claims are construed, and Micrografx hereby expressly
`
`reserves its right to amend its contentions regarding infringement under the Doctrine of
`
`Equivalents after it obtains and has been able to analyze the necessary discovery from Google, as
`
`well as Motorola and any relevant third parties.
`
`II.
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`INFRINGEMENT CONTENTIONS WITH RESPECT TO MOTOROLA
`
`A.
`
`DISCLOSURE OF CLAIMS ASSERTED AGAINST MOTOROLA
`
`Pursuant to Order 62, 3-1(a)(1), Micrografx, based on the information presently available
`
`to it, asserts that each of the following claims is infringed by Motorola: ’854 Patent claims 1, 2, 3,
`
`5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61, 62, 63, 64, 65, 66, 68, 69, 71,’732 Patent
`
`claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42, and ’633 Patent claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15.
`
`B.
`
`DISCLOSURE OF MOTOROLA’S ACCUSED INSTRUMENTALITIES
`
`Pursuant to Order 62, 3-1(a)(2), Micrografx, based on the information presently available
`
`to it, identifies the following Motorola accused instrumentalities and which claims each
`
`Motorola accused instrumentality is accused of infringing. Each of the Motorola accused
`
`instrumentalities identified below may itself constitute one part or step of a completed act of
`
`direct infringement, as described in detail in the infringement charts discussed below and
`
`attached hereto as Exhibits 2, 4, and 6.
`
`Motorola infringes the asserted claims pursuant to § 271(a) by making, using, selling, or
`
`offering to sell in the United States without authority the Motorola accused instrumentalities
`
`listed below with respect to each of the Asserted Patents, which accused instrumentalities include
`
`6
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`

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`technology in the fields of vector graphics (’854 and ’732 patents) and external shapes (’633
`
`patent).
`
`1.
`
`’854 Patent: Motorola Infringing Instrumentalities:
`
`• Motorola’s Moto X (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61,
`62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Moto G (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59, 61,
`62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Droid Razr M (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57,
`59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Droid Razr HD (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57,
`59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Droid Razr Maxx HD (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55,
`56, 57, 59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Droid Ultra (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59,
`61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Droid Mini (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57, 59,
`61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Droid Maxx (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57,
`59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`• Motorola’s Photon Q 4G (Claims 1, 2, 3, 5, 7, 10, 11, 12, 14, 16, 19, 44, 55, 56, 57,
`59, 61, 62, 63, 64, 65, 66, 68, 69, 71)
`
`
`
`
`
`2.
`
`’732 Patent: Motorola Infringing Instrumentalities:
`
`• Motorola’s Moto X (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Moto G (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Droid Razr M (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Droid Razr HD (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Droid Razr Maxx HD (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Photon Q 4G (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Droid Ultra (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Droid Mini (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`• Motorola’s Droid Maxx (Claims 1, 2, 3, 4, 5, 8, 9, 12, 36, 42)
`
`3.
`
`’633 Patent: Motorola Infringing Instrumentalities:
`
`• Motorola’s Moto X (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Moto G (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Droid Razr M (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Droid Razr HD (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Droid Razr Maxx HD (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Droid Ultra (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`
`7
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`

`
`• Motorola’s Droid Mini (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Droid Maxx (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`• Motorola’s Photon Q 4G (Claims 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 15)
`
`
`
`The particular acts constituting infringement by or including each of the above-listed
`
`instrumentalities are detailed in the claim charts attached herewith as Exhibits 2, 4, and 6,
`
`pursuant to Order 62, 3-1(a)(3).
`
`Further, although this disclosure is not required by Order 62, on information and belief,
`
`Motorola infringes the asserted claims pursuant to § 271(b) by inducing infringement of each of
`
`the asserted claims with respect to the above-listed accused instrumentalities, such as by end
`
`users of Motorola devices. On information and belief, Motorola actively induces infringement
`
`by third parties by actively and knowingly supplying both hardware and software, encouraging
`
`consumers to acquire and use such hardware and software in an infringing manner, and thereby
`
`making and/or using the infringing systems and apparatuses or performing the steps of the
`
`asserted method claims, with knowledge that such conduct constitutes an act of infringement.
`
`Further, although this disclosure is not required by Order 62, on information and belief,
`
`Motorola infringes the asserted claims pursuant to § 271(c) by offering to sell or selling within
`
`the United States software and/or hardware for use in practicing each of the asserted claims,
`
`where the software and/or hardware constitutes a material part of the claimed inventions,
`
`Motorola knows the software to be especially made or especially adapted for use in infringement
`
`of the asserted claims, and the software and/or hardware is not a staple article or commodity of
`
`commerce suitable for substantial non-infringing use.
`
`C.
`
`CHARTS IDENTIFYING INFRINGEMENT OF THE MICROGRAFX
`PATENTS BY THE MOTOROLA ACCUSED INSTRUMENTALITIES
`
`Pursuant to Order 62, 3-1(a)(3), attached as Exhibits 2, 4, and 6 are detailed charts
`
`identifying specifically where each element of each asserted claim is found within each Motorola
`
`8
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`

`
`accused instrumentality. Micrografx notes that neither Motorola nor Google has yet provided
`
`discovery in this matter and Micrografx has prepared these charts based on the limited
`
`information presently available to it and accordingly reserves its right to amend or supplement
`
`these charts upon obtaining relevant information during discovery.
`
`D.
`
`DOCTRINE OF EQUIVALENTS WITH RESPECT TO MOTOROLA
`
`Pursuant to Order 62, 3-1(a)(4), Micrografx contends based on information available to it
`
`at this time that each element of each asserted claim is literally present in each Motorola accused
`
`instrumentality as set forth above and identified in the charts attached as Exhibits 2, 4, and 6.
`
`Based on the information presently available to it, Micrografx believes that any element
`
`of the asserted claims that is not literally met by the Accused Instrumentalities is likely to be met
`
`under the Doctrine of Equivalents. However, Motorola has not yet made its initial production, as
`
`described above. Nor has Motorola otherwise made any production of source code relating to
`
`the accused instrumentalities in this matter. Micrografx’s investigation of Motorola’s
`
`infringement is ongoing.
`
`This disclosure is therefore based upon information that Micrografx has been able to
`
`obtain publicly, together with Micrografx’s current good faith beliefs regarding the accused
`
`instrumentalities. This disclosure is given without prejudice to Micrografx’s right to further
`
`supplement or amend as additional facts are ascertained, analyses are made, research is
`
`completed, contentions are made, and claims are construed, and Micrografx hereby expressly
`
`reserves its right to amend its contentions regarding infringement under the Doctrine of
`
`Equivalents after it obtains and has been able to analyze the necessary discovery from Motorola,
`
`as well as Google and any relevant third parties.
`
`9
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`

`
`III.
`
`PRIORITY OF MICROGRAFX PATENTS
`
`Pursuant to Order 62, 3-1(a)(5), Micrografx contends with respect to the ’854 patent that
`
`each asserted claim thereof is entitled to a priority date of at least as early as March 7, 1997,
`
`based on Provisional Application No. 60/040,332 filed the same date. Micrografx contends with
`
`respect to the ’732 patent that each asserted claim thereof is entitled to a priority date of at least
`
`as early as March 7, 1997, based on Provisional Application No. 60/040,332 filed the same date
`
`and Application No. 08/901,043 filed July 28, 1997. Micrografx makes this disclosure without
`
`waiving any argument that it is entitled to an earlier date of invention based on activities
`
`predating the filing of the applications identified above; Micrografx makes this disclosure, which
`
`is not exhaustive, in satisfaction of the Order 62’s requirement identified above.
`
`IV. DISCLOSURE OF PRODUCTS EMBODYING THE CLAIMED INVENTIONS
`
`Pursuant to Order 62, 3-1(a)(6), Micrografx discloses that on information and belief the
`
`following products embody the following asserted claims: QuickSilver software, in addition to
`
`servers used in conjunction therewith (’854 patent all claims; ’732 patent all claims); Windows
`
`Draw 4 (’633 patent all claims).
`
`V.
`
`ACCOMPANYING PRODUCTION OF DOCUMENTS
`
`Pursuant to Order 62, 3-2, Micrografx makes a document production accompanying these
`
`disclosures and states that based on Micrografx’s present information and reasonable search,
`
`documents corresponding to Order 62, 3-2(a)(1) (disclosures, sales, offers for sale prior to dates
`
`of applications) are produced at MCGFX_00001785-1865; documents corresponding to Order 62,
`
`3-2(a)(2) (conception, reduction to practice, design, and development) are produced at
`
`MCGFX_00002467-468; and documents corresponding to Order 62, 3-2(a)(3) (file histories for
`
`each patent in suit) are produced at MCGFX_00000001-1784. Micrografx makes this disclosure
`
`without waiving any argument that it is entitled to an earlier date of invention should additional
`
`10
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`
`information become available at a later time. Additional documents and/or things will be made
`
`available for inspection as follows: QuickSilver. Micrografx expressly reserves its rights,
`
`including any rights to supplement this production.
`
` D
`
`
`
`
`
`ate: January 6, 2014
`
`Respectfully Submitted:
`
`
`
`
`
`/s/ Paul T. Ehrlich
`
`G. Donald Puckett
`Texas Bar No. 24013358
`Lenny Huang
`California Bar No. 264386
`SKIERMONT PUCKETT LLP
`2200 Ross Avenue, Suite 4800W
`Dallas, Texas 75201
`(214) 978-6600 (Telephone)
`(214) 978-6601 (Facsimile)
`donald.puckett@skiermontpuckett.com
`lenny.huang@skiermontpuckett.com
`
`Of Counsel:
`Matthew D. Powers (pro hac vice)
`California Bar No. 104795
`Steven S. Cherensky (pro hac vice)
`California Bar No. 168275
`Paul T. Ehrlich (pro hac vice)
`California Bar No. 228543
`Aaron M. Nathan
`California Bar No. 251316
`Palani P. Rathinasamy (pro hac vice)
`California Bar No. 269852
`TENSEGRITY LAW GROUP LLP
`555 Twin Dolphin Drive, Suite 360
`Redwood Shores, CA 94065
`(650) 802-6000 (Telephone)
`(650) 802-6001 (Facsimile)
`matthew.powers@tensegritylawgroup.com
`steven.cherensky@tensegritylawgroup.com
`paul.ehrlich@tensegritylawgroup.com
`aaron.nathan@tensegritylawgroup.com
`palani@tensegritylawgroup.com
`
`Attorneys for Plaintiff Micrografx, LLC
`
`11
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`
`CERTIFICATE OF SERVICE
`
`I hereby certify that all counsel of record who have consented to electronic service are
`
`being served today, January 6, 2014, with a copy of this document via electronic mail.
`
`Jon B. Hyland
`MUNSCH HARDT KOPF & HARR, P.C.
`500 N. Akard Street, Suite 3800
`Dallas, Texas 75201-6659
`Phone: (214) 855-7544
`Fax: (214) 978-5360
`E-mail: jhyland@munsch.com
`
`Counsel for Motorola Mobility, LLC &
`Google, Inc.
`
`
`Darin W. Sndyer
`Luann L. Simmons
`David S. Almeling
`Hana K. Andersen
`O’Melveny & Myers LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111
`dsnyder@omm.com
`lsimmons@omm.com
`dalmeling@omm.com
`handersen@omm.com
`
`Mishima Alam
`O’Melveny & Myers LLP
`1625 Eye Street, NW
`Washington, D.C. 20006
`malam@omm.com
`
`Counsel for Motorola Mobility, LLC &
`Google, Inc.
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` /s/ Megan Nelson
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`Megan Nelson
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`MICROGRAFX’S PRELIMINARY INFRINGEMENT CONTENTIONS
`EXHIBIT 1 (INFRINGEMENT OF ’854 PATENT BY GOOGLE)
`
`U.S. Patent No. 6,057,854: Infringement by Google’s Interactive Vector Objects, Servers, Google Maps, Google mobile phones
`(Nexus 4, Nexus 5), Google Tablets (Nexus 7, Nexus 10), Chromebooks (Chromebook Pixel), and Google Chrome Browser
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`[1A] 1. An interactive vector object stored on a
`computer readable medium and operable to be
`downloaded over a network comprising:
`
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`The claim is asserted to be infringed by Google’s interactive vector objects stored on Google servers,
`including for example vector objects used with Google Maps. The claim is also asserted to be infringed
`by Google’s use of Android enabled devices (Nexus 4, Nexus 5, Nexus 7, Nexus 10) as well as Google’s
`Chromebook Pixel, to use the interactive vector objects stored on Google servers. In addition, although
`not required in the present contentions, Google’s interactive vector objects are downloaded and used by
`third parties and satisfy the elements of this claim for the same reasons described herein when so used.
`
`The preamble is presumed not to be limiting. In the case that this preamble were determined to be
`limiting, each of the forgoing instrumentalities accused of infringing this claim constitutes an interactive
`vector object stored on a computer readable medium and operable to be downloaded over a network.
`
`There are multiple versions of Google Maps: Google Maps for the web, Google Maps for Android, and
`Google Maps for iOS. Google also has the Google Maps JavaScript API v3, Google Maps Android API,
`and Google Maps SDK for iOS. Google’s servers store interactive vector objects at least for Google
`Maps and any third parties using the Google Cloud Platform, as advertised with the Google Maps Engine.
`See Google, “Maps for Business: Google Maps Engine,” available at
`http://www.google.com/intl/en/enterprise/mapsearth/products/mapsengine.html?utm_source=google&utm
`_medium=cpc&utm_campaign=NA-LCS-2013-Geo-Products-MapsEngine-
`HouseAds&utm_term=%2Bmaps%20%2Bengine&utm_content=SearchAd&gclid=CNnK5t_o4LsCFc5lf
`godwh8AGw (“Build geospatially enabled applications on top of Google’s fast and reliable cloud.”); id.
`(“Google Maps Engine’s core platform capabilities - Map, Share, and Build - are all made possible by Google’s
`fast and reliable cloud infrastructure.”).
`
`The map itself in Google Maps uses vector graphics. Engadget, “Redesigned Google Maps hands-on:
`vector-based, more personal and coming soon to mobile,” available at
`http://www.engadget.com/2013/05/15/redesigned-google-maps-hands-on-io-2013/; Google Official Blog,
`“The next generation of mobile maps,” available at http://googleblog.blogspot.com/2010/12/next-
`generation-of-mobile-maps.html; Apple Insider, “New Google Maps for iOS Brings vectors, transit and
`navigation features,” available at http://appleinsider.com/articles/12/12/13/new-google-maps-for-ios-
`brings-vectors-transit-and-navigation-features. Other features are also vector graphics. Vector objects
`can be any “Point, Line, Polygon, MultiPoint, MultiLine, MultiPolygon and Geometry Collection.”
`Google Maps Engine Help, “Vector tables New!”, available at
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`MICROGRAFX’S PRELIMINARY INFRINGEMENT CONTENTIONS
`EXHIBIT 1 (INFRINGEMENT OF ’854 PATENT BY GOOGLE)
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`[1B] data operable to be downloaded to a client
`system connectable to the network and [1C] in
`connection with a vector graphics network file to
`render an image of the vector object on the client
`system;
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`https://support.google.com/mapsengine/answer/3399778?hl=en. For example, when directions are
`requested in Google Maps, lines appear on the map illustrating those directions, and those lines are
`“polylines.” Google Developers, Google Maps JavaScript API v3, “Directions Service,” available at
`https://developers.google.com/maps/documentation/javascript/directions. Polylines are “objects [that] use
`the vector drawing capabilities of the browser.” Google Developers, Google Maps JavaScript API v2
`Overlays, available at
`https://developers.google.com/maps/documentation/javascript/v2/overlays#Polylines_Overview
`(emphasis added). The vector objects in these examples are stored on a computer readable medium on
`Google’s servers.
`
`Operability for downloading is discussed with claim element 1B, and interactivity is discussed with claim
`elements 1D and 1E.
`1B: Google’s interactive vector objects comprise data operable to be downloaded to a client system
`connectable to a network. First, Google has said that the data is downloaded to client systems. Google
`“Maps will download ‘vector tiles’ that describe the underlying geometry of the map.” Google Official
`Blog, “Under the hood of Google Maps 5.0 for Android,” available at
`http://googleblog.blogspot.com/2010/12/under-hood-of-google-maps-50-for.html (emphasis added).
`Also, when requesting directions, the Google Maps JavaScript API v3 needs to “make a call to an
`external server.” Google Developers, Google Maps JavaScript API v3, “Directions Service,” available at
`https://developers.google.com/maps/documentation/javascript/directions. The Google Maps API
`Directions Service “ receives direction requests and returns computed results” to the client system, which
`can be used with the “DirectionsRenderer object” to display the directions as a polyline on the client
`system. Id.
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`Second, the client systems are connectable to a network. Client systems include, for example, the Nexus
`7 and the Moto X that are operable to run Google Maps or the Android API. These and other client
`systems that can receive Google interactive vector objects are connectable to a network.
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`MICROGRAFX’S PRELIMINARY INFRINGEMENT CONTENTIONS
`EXHIBIT 1 (INFRINGEMENT OF ’854 PATENT BY GOOGLE)
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`Fig. 1. Fig. 2.
`Image in Fig. 1 from MotoX, available at http://www.att.com/shop/wireless/devices/motorola/moto-x-
`black.html#fbid=pSTlONTpF-3. Image in Fig. 2 from Nexus 7, available at
`https://play.google.com/store/devices/details/Nexus_7_2012_8GB?id=nexus_7_8gb&hl=en.
`
`As another example of a client system, the iPhone 4s, which is operable to run Google Maps for iOS or
`the iOS SDK, is likewise connectable to a network, as shown by the relevant specifications shown below
`in Figure 3.
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`Fig. 3. from iPhone 4s, available at http://store.apple.com/us/buy-iphone/iphone4s.
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`The Chrome browser, operable to run Google Maps for the web or the JavaScript API, is connectable to a
`network, as shown by the https:// line in below Figure 5. Therefore, for each relevant Google Maps
`program, a client system is connectable to a network.
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`MICROGRAFX’S PRELIMINARY INFRINGEMENT CONTENTIONS
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`1C: Google’s interactive vector objects comprise data operable in connection with a vector graphics
`network file to render an image of the vector object on the client system. On the Android devices, the
`vector graphics network file renders an image of the vector object on the client system based on the data
`with the rendering engine OpenGL ES. OpenGL ES “render[s] the map” for the Google Maps Android
`API and “[i]f OpenGL ES version 2 is not installed, your map will not appear.” Google Developers,
`Google Maps Android API v2, Getting Started, available at
`https://developers.google.com/maps/documentation/android/start#specify_requirement_for_opengl_es_ve
`rsion_2. Chrome Browser has rendering engines that could make up part of the vector graphics network
`file that renders an image of the vector object based on the data: WebGL and Blink. See Chrome
`Experiments, “MapsGL,” available at http://www.chromeexperiments.com/detail/mapsgl/ (“[V]ector data
`for the map is sent to the browser and rendered on the fly using WebGL.”); The Chromium Projects,
`“Blink,” http://www.chromium.org/blink (“Blink is the rendering engine used by Chromium.”). On
`information and belief, based on the commonalities among different versions of Google Maps, there is
`also a vector graphics extension for the iOS platform. The below pictured Figures 5, 7, and 9, show
`rendered images and demonstrate that the data is operable in connection with a vector graphics network
`file to render an image on the client system.
`Google’s interactive vector objects comprise an active area predefined by the vector object that is
`associated with a command to be performed in response to an event therein.
`
`For example, the buildings on the map and the polylines added in response to a request for directions are
`both vector objects, as indicated with respect to claim element 1A. They each have an active area that is
`predefined by the vector object. For a polyline, the image of the polyline corresponds to an active area
`predefined by the vector object because it is the area in which a recognized event—such as a mouse
`click—can occur, as described in the below table:
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`[1D] an active area predefined by the vector object,
`the active area associated with a command to be
`performed in response to an event therein; and
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`MICROGRAFX’S PRELIMINARY INFRINGEMENT CONTENTIONS
`EXHIBIT 1 (INFRINGEMENT OF ’854 PATENT BY GOOGLE)
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`Fig. 4. Google Developers, Google Maps JavaScript API v3 Reference, available at
`https://developers.google.com/maps/documentation/javascript/reference#Polyline.
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`Th