IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`BLACK HILLS MEDIA, LLC
`
` Plaintiff,
`
` v.
`
`
`
`
`
`
`
`
`
`
`
` Civil Action No. 2:13-CV-379-JRG
`
`SAMSUNG ELECTRONICS CO. LTD.,
`
`JURY TRIAL DEMANDED
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`
`
`and
`
`
`
`SAMSUNG TELECOMMUNICATIONS
`
`
`
`
`
`
`
`
`BLACK HILLS MEDIA, LLC'S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AND DOCUMENT PRODUCTION
`ACCOMPANYING DISCLOSURE UNDER L.R. 3-1 AND 3-2
`
`AMERICA, LLC
`
` Defendants.
`
`
`
`Pursuant to Patent Local Rules P.R. 3-1 and 3-2 of the United States District Court for the
`
`Eastern District of Texas, Plaintiff Black Hills Media ("BHM" herein) submits its Disclosure of
`
`Asserted Claims and Preliminary Infringement Contentions and it accompanying Document
`
`Production. The contentions are based on information reasonably available to BHM at this time.
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`
`CONTENTIONS (L.R. 3-1)
`
`BHM Asserts infringement as follows.
`
`A.
`
`Identification of Each Claim Infringed (L.R. 3-1(a))
`
`BHM identifies the claims of each patent infringed, along with an identification of each
`
`Accused Instrumentality, on per claim basis. The Infringed patents are 8,028,323 ('323 Patent);
`
`8,214,873 ('873 Patent); 8,230,099 ('099 Patent); 8,045,952 ('952 Patent); 8,050,652 ('652
`
`Patent); 7,835,689 ('689 Patent); 7,917,082 ('082 Patent); 6,618,593 ('593 Patent); 6,108,686
`
`BHM 2012
`
`1
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`BLACK HILLS MEDIA, LLC
`
` Plaintiff,
`
` v.
`
`
`
`
`
`
`
`
`
`
`
` Civil Action No. 2:13-CV-379-JRG
`
`SAMSUNG ELECTRONICS CO. LTD.,
`
`JURY TRIAL DEMANDED
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`
`
`and
`
`
`
`SAMSUNG TELECOMMUNICATIONS
`
`
`
`
`
`
`
`
`BLACK HILLS MEDIA, LLC'S DISCLOSURE OF ASSERTED CLAIMS AND
`PRELIMINARY INFRINGEMENT CONTENTIONS AND DOCUMENT PRODUCTION
`ACCOMPANYING DISCLOSURE UNDER L.R. 3-1 AND 3-2
`
`AMERICA, LLC
`
` Defendants.
`
`
`
`Pursuant to Patent Local Rules P.R. 3-1 and 3-2 of the United States District Court for the
`
`Eastern District of Texas, Plaintiff Black Hills Media ("BHM" herein) submits its Disclosure of
`
`Asserted Claims and Preliminary Infringement Contentions and it accompanying Document
`
`Production. The contentions are based on information reasonably available to BHM at this time.
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`
`CONTENTIONS (L.R. 3-1)
`
`BHM Asserts infringement as follows.
`
`A.
`
`Identification of Each Claim Infringed (L.R. 3-1(a))
`
`BHM identifies the claims of each patent infringed, along with an identification of each
`
`Accused Instrumentality, on per claim basis. The Infringed patents are 8,028,323 ('323 Patent);
`
`8,214,873 ('873 Patent); 8,230,099 ('099 Patent); 8,045,952 ('952 Patent); 8,050,652 ('652
`
`Patent); 7,835,689 ('689 Patent); 7,917,082 ('082 Patent); 6,618,593 ('593 Patent); 6,108,686
`
`BHM 2012
`
`1
`
`
`
`('686 Patent). The accused infringer(s) are defendants Samsung Electronics Co., Ltd., Samsung
`
`Electronics America, Inc., and Samsung Telecommunications, America, LLC (collectively
`
`"Samsung" herein). It is believed that all parties are related Samsung entities and thus the
`
`allegations herein apply equally to all such entities.
`
`The claims alleged to be infringed are identified in the claim charts attached hereto as
`
`Exhibits 1-9.
`
`
`
`BHM expressly notes that the Patent Local Rules of this Court do not require it to
`
`identify separately for each asserted claim whether Defendant(s) directly infringes under 35
`
`U.S.C. § 271(a) and/or indirectly infringes under 35 U.S.C. §§ 271(b) and/or (c) and BHM
`
`preserves its right to allege all direct and indirect theories of infringement.
`
`BHM also reserves the right to amend its preliminary infringement contentions pursuant
`
`to the Patent Local Rules.
`
`B.
`
`Statement of Accused Apparatus, Product or Method (Accused
`
`Instrumentality) (L.R. 3-1(b))
`
`The claim charts attached hereto as Exhibits 1-9 provides an identification of each
`
`accused product, method and Accused Instrumentality.
`
`
`
`
`
`2
`
`2
`
`
`
`C.
`
`Claim Charts (L.R. 3-1(c))
`
`Attached are the following exhibits, which state where each element of each claim is
`
`found in the Accused Instrumentalities.
`
`
`
`
`
`Exhibit
`
`Substance
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`'323 Patent Claim Chart
`
`'873 Patent Claim Chart
`
`'099 Patent Claim Chart
`
`'952 Patent Claim Chart
`
`'652 Patent Claim Chart
`
`'689 Patent Claim Chart
`
`'082 Patent Claim Chart
`
`'593 Patent Claim Chart
`
`'686 Patent Claim Chart
`
`The '323, '873, '099, '952, '652 and '593 patents are being asserted against defendants in a
`
`copending ITC investigation, and claim charts from that investigation are attached. While the
`
`ITC claim charts refer to importation, BHM does not limit its claims to importation in the present
`
`case and seeks the full range of infringement defined by 35 U.S.C. § 271.
`
`While each accused product is not charted separately, the claim charts of Exhibits 1-9 are
`
`believed to be representative of (and applicable to) all accused products.
`
`
`
`
`
`3
`
`3
`
`
`
`D.
`
`Literal Infringement Or Infringement Under The Doctrine Of
`
`Equivalents (L.R. 3.1.d)
`
`BHM contends that all of the above listed claims are at least literally infringed by each of
`
`the accused products. As demonstrated herein, the accused devices literally infringe each of the
`
`asserted claims. However, to the extent any limitation is not literally met, it is met under the
`
`doctrine of equivalents. BHM contends that a person of ordinary skill in the art, at the time of
`
`infringement, would have considered any difference between any specific claim limitation and
`
`the corresponding element or feature in the accused system, to the extent such limitation is not
`
`literally infringed, to be insubstantial or that the alternate implementation(s) employed (1)
`
`perform substantially the same function and (2) work in substantially the same way (3) to
`
`achieve substantially the same result as the requirement of the claim limitation at issue. Samsung
`
`directly infringes, contributorily infringes, and/or induces infringement of each of the asserted
`
`claim through at least the identified products or devices. For example, Samsung directly
`
`infringes by making, using, offering for sale, and selling the Samsung Devices in the U.S. and
`
`Samsung directly infringes the method claims by testing the identified products in the U.S..
`
`
`E.
`
`Priority Dates Of The Asserted Patents Based on Earlier Applications (L.R. 3-1(e))
`
`Certain asserted patents claim priority to earlier filed applications, and for such patents,
`
`BHM contends that the claims are supported by the earlier filed applications. The dates of such
`
`applications are set forth below in compliance with L.R. 3-1(e).
`
`
`
`Patent
`
`Priority Date of Earliest Filed
`Application
`
`'323 Patent
`
`No earlier applications
`
`'873 Patent
`
`'099 Patent
`
`'952 Patent
`
`May 5, 2004
`
`May 5, 2004
`
`November 8, 2000
`
`
`
`4
`
`4
`
`
`
`Patent
`
`'652 Patent
`
`'689 Patent
`
`'082 Patent
`
`Priority Date of Earliest Filed
`Application
`
`November 8, 2000
`
`May 6, 2002
`
`May 6, 2002
`
`'593 Patent
`
`No earlier applications
`
`'686 Patent
`
`No earlier applications
`
`BHM notes that the local rules do not require an identification of conception and
`
`reduction to practice dates that predate patent filings, and reserves the right to allege earlier dates
`
`of conception and reduction to practice than the dates identified above.
`
`
`
`F.
`
`BHM Products That Practice The Asserted Claims (L.R. 3-1(f))
`
`BHM does not contend that any of its own products practice any of the claims of the
`
`asserted patents.
`
`II.
`
`DOCUMENT PRODUCTION ACCOMPANYING
`
`DISCLOSURE (L.R. 3-2)
`
`Patent L.R. 3-2 requires that BHM accompany its Disclosure of Asserted Claims and
`
`Preliminary Infringement Contentions under Patent L.R. 3-1 with documents in its possession,
`
`custody and control which relate to the following three categories:
`
`
`
`a.
`
`Documents (e.g., contracts, purchase orders, invoices, advertisements,
`
`marketing materials, offer letters, beta site testing agreements, and
`
`third party or joint development agreements) sufficient to evidence
`
`each discussion with, disclosure to, or other manner of providing to a
`
`third party, or sale of or offer to sell, the claimed invention prior to the
`
`date of application for the patent in suit.
`
`
`
`5
`
`5
`
`
`
`
`
`b.
`
`
`
`c.
`
`
`
`All documents evidencing the conception, reduction to practice,
`
`design, and development of each claimed invention, which were
`
`created on or before the date of application for the patent in suit or the
`
`priority date identified pursuant to P. R. 3-1(e), whichever is earlier.
`
`A copy of the file history for each patent in suit.
`
`BHM accordingly provides herewith BHM production corresponding to document
`
`category 3-2(c), namely a copy of the file history of each Asserted Patent.
`
`Documents collected by BHM corresponding to categories 3-2(a) and 3-2(b) above are
`
`confidential and/or highly confidential and cannot be produced until an appropriate Protective
`
`Order has been agreed to between the parties and entered by the Court. On August 21, 2013
`
`BHM proposed to defendants that this Court's model protective order be used and proposed that
`
`the parties agree that the documents from the co-pending ITC investigation (some of which fall
`
`within category 3-2(b)), can be cross designated in this action. In addition, Defendants have
`
`agreed to a two week extension for production of documents other than those falling within L.R.
`
`3-2(c), thus only 3-2(c) documents are produced at this time.
`
`
`
`Respectfully submitted,
`
`
`
`
`/s/ Claire A. Henry
`Claire Abernathy Henry
`State Bar No. 24053063
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
`
`
`
`6
`
`6
`
`
`
`claire@wsfirm.com
`jw@wsfirm.com
`wh@wsfirm.com
`
`H. Joseph Hameline
`MINTZ, LEVIN, COHN, FERRIS,
` GLOVSKY AND POPEO, P.C.
`One Financial Center
`Boston, MA 02111
`Tel: 617-542-6000
`Fax: 617-542-2241
`JHameline@mintz.com
`
`Howard Wisnia
`James Conley
`John Giust
`Arun Goel
`MINTZ, LEVIN, COHN, FERRIS,
` GLOVSKY AND POPEO, P.C.
`3580 Carmel Mountain Road, Suite 300
`San Diego, CA 92130
`Tel: 858-314-1500
`Fax: 858-314-1501
`Hwisnia@mintz.com
`JConley@mintz.com
`JGiust@mintz.com
`agoel@mintz.com
`
`Peter Snell
`MINTZ, LEVIN, COHN, FERRIS,
` GLOVSKY AND POPEO, P.C.
`Chrysler Center
`666 Third Avenue
`New York, NY 10017
`Tel: 212.935.3000
`Fax: 212.983.3115
`PSnell@mintz.com
`
`ATTORNEYS FOR PLAINTIFF
`BLACK HILLS MEDIA, LLC
`
`
`
`7
`
`7
`
`
`
`U.S. Patent No. 6,618,593
`
`LOCATION DEPENDENT USER MATCHING SYSTEM
`
`Samsung Phones and Tablets (Claims 1, 4, 7, 10, 13-21)
`
`EXHIBIT 8 PAGE 1
`
`8
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 1
`“A system for matching users of mobile communications devices comprising:”
`
`6,618,593 Claim Language
`1. A system for matching users of
`mobile communications devices
`comprising:
`
`Google Maps/ Latitude
`The relevant Samsung products contain Google Maps with Google Latitude or Google Latitude as
`a stand-alone application with similar functionality (“Samsung Devices”)1/2/. Latitude works
`essentially the same whether it is part of Google Maps or whether it is stand-alone. The software
`works the same irrespective of the type of Android device it is installed on.
`
`See: http://googleblog.blogspot.com/2009/02/see-where-your-friends-are-with-google.html
`
`“Latitude is a new feature for Google Maps on your mobile device. It's also an iGoogle gadget on
`your computer. Once you've opted in to Latitude, you can see the approximate location of your
`friends and loved ones who have decided to share their location with you. So now you can do
`things like see if your spouse is stuck in traffic on the way home from work, notice that a buddy is
`in town for the weekend, or take comfort in knowing that a loved one's flight landed safely,
`despite bad weather.”
`
`1/
`The Samsung Galaxy SIII Device charted herein is representative of the Samsung Devices. Screenshot photographs may or may not be from this
`device, as screen content is, on information and belief, the same substantively across all devices because the same application is utilized. Additional Samsung
`Devices are listed, without limitation, at the end of this chart.
`2/
`As demonstrated herein, the accused devices literally infringe the asserted claims. However, to the extent any limitation is not literally met, it is met
`under the doctrine of equivalents.
`
`Samsung
`Page 2
`
`EXHIBIT 8 PAGE 2
`
`9
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 1
`“a first mobile communications device for transmitting information defining a location of the first mobile communications device and a user receiving status;”
`
`a first mobile communications device
`for transmitting information defining
`a location of the first mobile
`communications device and a user
`receiving status;
`
`A first device (handset of user “Max”) transmits its location to a Google Server and has a
`receiving status that is active if location sharing is active (or Latitude is signed into).
`
`Receiving status can be changed by deactivating the latitude features, for example, by unchecking
`“enable location sharing” in Google Maps --> Settings ---> Location Settings. (Latitude as a stand
`alone application has similar settings)
`A number of options allow for opting out of latitude.
`See: http://googleblog.blogspot.com/2009/02/see-where-your-friends-are-with-google.html
`“Fun aside, we recognize the sensitivity of location data, so we've built fine-grained privacy
`controls right into the application. Everything about Latitude is opt-in. You not only control
`exactly who gets to see your location, but you also decide the location that they see. For instance,
`let's say you are in Rome. Instead of having your approximate location detected and shared
`automatically, you can manually set your location for elsewhere — perhaps a visit to Niagara Falls
`. Since you may not want to share the same information with everyone, Latitude lets you change
`the settings on a friend-by-friend basis. So for each person, you can choose to share your best
`available location or your city-level location, or you can hide. Everything is under your control
`and, of course, you can sign out of Latitude at any time.”
`
`Samsung
`Page 3
`
`EXHIBIT 8 PAGE 3
`
`10
`
`
`
`6,618,593 – Google Maps/ Latitude – Claim 1
`“a second mobile communications device for transmitting information defining a location of the second mobile communications device and a user receiving
`status; and”
`
`a second mobile communications
`device for transmitting information
`defining a location of the second
`mobile communications device and a
`user receiving status; and
`
`Handset of “friend” with similar sharing/ Latitude status and receiving status.
`
`Samsung
`Page 4
`
`EXHIBIT 8 PAGE 4
`
`11
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 1
`“a central unit having a processor coupled to a memory, the central unit capable of communicating with the first mobile communications device over a first
`wireless communications link and with the second mobile communications device over a second wireless communications link,”
`
`A server (which must have memory and a processor) is in communication with both devices over
`first and second mobile communications links.
`
`a central unit having a processor
`coupled to a memory, the central unit
`capable of communicating with the
`first mobile communications device
`over a first wireless communications
`link and with the second mobile
`communications device over a second
`wireless communications link,
`
`Samsung
`Page 5
`
`EXHIBIT 8 PAGE 5
`
`12
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 1
`“the memory storing a first user profile including information associated with a user of the first mobile communications device and a second user profile
`including information associated with a user of the second mobile communications device,”
`
`The server contains sharing/Latitude data and profiles (including “friend” list of each user).
`
`the memory storing a first user profile
`including information associated with
`a user of the first mobile
`communications device and a second
`user profile including information
`associated with a user of the second
`mobile communications device,
`
`Samsung
`Page 6
`
`EXHIBIT 8 PAGE 6
`
`13
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 1
`“wherein the central unit receives the user receiving statuses and the information defining the locations of the first and the second mobile communications
`devices and”
`
`wherein the central unit receives the
`user receiving statuses and the
`information defining the locations of
`the first and the second mobile
`communications devices and
`
`The server receives sharing/Latitude status and location information.
`
`Samsung
`Page 7
`
`EXHIBIT 8 PAGE 7
`
`14
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 1
`“wherein the processor receives the first and the second user profiles to match information of the users and, if there is a match and depending upon the user
`receiving statuses, effects the transmission to the first mobile communications device of locating information for the second mobile communications device and
`effects the transmission to the second mobile communications device of locating information for the first mobile communications device, the locating
`information for each of the devices being based upon the information defining the locations of the first and the second mobile communications devices.”
`
`If the server determines that the user’s match (are friends with each other) and are sharing location
`(have the receiving status set), Google’s server transmits the location of each user to each other.
`The users also are provided their own location. Thus the data provided to each is based on the
`locations of both devices.
`
`In the image below, user “Max” is provided the location of his friends as well as himself.
`
`wherein the processor receives the
`first and the second user profiles to
`match information of the users and, if
`there is a match and depending upon
`the user receiving statuses, effects the
`transmission to the first mobile
`communications device of locating
`information for the second mobile
`communications device and effects
`the transmission to the second mobile
`communications device of locating
`information for the first mobile
`communications device, the locating
`information for each of the devices
`being based upon the information
`defining the locations of the first and
`the second mobile communications
`devices.
`
`In addition, by selecting a friend, locating information based on each user can be received from the
`server (i.e,, directions to the friend from the current location)
`
`Samsung
`Page 8
`
`EXHIBIT 8 PAGE 8
`
`15
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“A system for matching users of mobile communications devices comprising:”
`
`6,618,593 Claim Language
`4. A system for matching users of
`mobile communications devices
`comprising:
`
`Google Maps/Latitude
`The relevant Samsung products contain Google Maps with Google Latitude or Google Latitude as
`a stand-alone application with similar functionality (“Samsung Devices”)3/4/. Latitude works
`essentially the same whether it is part of Google Maps or whether it is stand-alone. The software
`works the same irrespective of the type of Android device it is installed on.
`
`3/
`The Samsung Galaxy SIII Device charted herein is representative of the Samsung Devices. Screenshot photographs may or may not be from this
`device, as screen content is, on information and belief, the same substantively across all devices because the same application is utilized. Additional Samsung
`Devices are listed, without limitation, at the end of this chart.
`4/
`As demonstrated herein, the accused devices literally infringe the asserted claims. However, to the extent any limitation is not literally met, it is met
`under the doctrine of equivalents.
`
`Samsung
`Page 9
`
`EXHIBIT 8 PAGE 9
`
`16
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“a first mobile communications device for transmitting information defining a location of the first mobile communications device and a user receiving status;”
`
`a first mobile communications device
`for transmitting information defining
`a location of the first mobile
`communications device and a user
`receiving status;
`
`A first device (handset of user “Max”) transmits its location to a Google Server and has a
`receiving status that is active if location sharing is active (or Latitude is signed into).
`
`Receiving status can be changed by deactivating the latitude features, for example, by unchecking
`“enable location sharing” in Google Maps --> Settings ---> Location Settings. (Latitude as a stand
`alone application has similar settings).
`A number of options allow for opting out of latitude.
`See: http://googleblog.blogspot.com/2009/02/see-where-your-friends-are-with-google.html
`“Fun aside, we recognize the sensitivity of location data, so we've built fine-grained privacy
`controls right into the application. Everything about Latitude is opt-in. You not only control
`exactly who gets to see your location, but you also decide the location that they see. For instance,
`let's say you are in Rome. Instead of having your approximate location detected and shared
`automatically, you can manually set your location for elsewhere — perhaps a visit to Niagara Falls
`. Since you may not want to share the same information with everyone, Latitude lets you change
`the settings on a friend-by-friend basis. So for each person, you can choose to share your best
`available location or your city-level location, or you can hide. Everything is under your control
`and, of course, you can sign out of Latitude at any time.”
`
`Samsung
`Page 10
`
`EXHIBIT 8 PAGE 10
`
`17
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“a second mobile communications device for transmitting information defining a location of the second mobile communications device; and”
`
`a second mobile communications
`device for transmitting information
`defining a location of the second
`mobile communications device; and
`
`Handset of “friend” with similar sharing/ Latitude status (although receiving status is not required
`on the second handset).
`
`Samsung
`Page 11
`
`EXHIBIT 8 PAGE 11
`
`18
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“a central unit having a processor coupled to a memory, the central unit capable of communicating with the first mobile communications device over a first
`wireless communications link and with the second mobile communications device over a second wireless communications link,”
`
`A server (which must have memory and a processor) is in communication with both devices over
`first and second mobile communications links.
`
`a central unit having a processor
`coupled to a memory, the central unit
`capable of communicating with the
`first mobile communications device
`over a first wireless communications
`link and with the second mobile
`communications device over a second
`wireless communications link,
`
`Samsung
`Page 12
`
`EXHIBIT 8 PAGE 12
`
`19
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“the memory storing a first user profile including information associated with a user of the first mobile communications device and a second user profile
`including information associated with a user of the second mobile communications device,”
`
`The server contains sharing/Latitude data and profiles (including “friend” list of each user).
`
`the memory storing a first user profile
`including information associated with
`a user of the first mobile
`communications device and a second
`user profile including information
`associated with a user of the second
`mobile communications device,
`
`Samsung
`Page 13
`
`EXHIBIT 8 PAGE 13
`
`20
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“wherein the central unit receives the user receiving status from the first mobile communications device and the information defining the locations of the first and
`the second mobile communications devices and wherein the processor receives the first and the second user profiles to match information of the users and,”
`
`The server receives sharing/Latitude status and location information.
`
`wherein the central unit receives the
`user receiving status from the first
`mobile communications device and
`the information defining the locations
`of the first and the second mobile
`communications devices and wherein
`the processor receives the first and the
`second user profiles to match
`information of the users and,
`
`Samsung
`Page 14
`
`EXHIBIT 8 PAGE 14
`
`21
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 4
`“if there is a match and depending upon the user receiving status, effects the transmission to the first mobile communications device of locating information
`based upon the information defining the locations of the first and the second mobile communications devices.”
`
`if there is a match and depending
`upon the user receiving status, effects
`the transmission to the first mobile
`communications device of locating
`information based upon the
`information defining the locations of
`the first and the second mobile
`communications devices.
`
`If the users match, and the first device is sharing (Latitude active) the first device locating
`information based upon the information defining the locations of the first and the second mobile
`communications devices, for example the location of the second (the icons below) relative to the
`first (“Max” below).
`
`In addition, by selecting a friend, locating information based on each user can be received from the
`server (directions to the friend from the current location)
`
`Samsung
`Page 15
`
`EXHIBIT 8 PAGE 15
`
`22
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“A system for matching users of mobile communications devices comprising:”
`
`6,618,593 Claim Language
`7. A system for matching users of
`mobile communications devices
`comprising:
`
`Google Maps/Latitude
`The relevant Samsung products contain Google Maps with Google Latitude or Google Latitude as
`a stand-alone application with similar functionality (“Samsung Devices”) 5/6/. Latitude works
`essentially the same whether it is part of Google Maps or whether it is stand-alone. The software
`works the same irrespective of the type of Android device it is installed on.
`
`5/
`The Samsung Galaxy SIII Device charted herein is representative of the Samsung Devices. Screenshot photographs may or may not be from this
`device, as screen content is, on information and belief, the same substantively across all devices because the same application is utilized. Additional Samsung
`Devices are listed, without limitation, at the end of this chart.
`6/
`As demonstrated herein, the accused devices literally infringe the asserted claims. However, to the extent any limitation is not literally met, it is met
`under the doctrine of equivalents.
`
`Samsung
`Page 16
`
`EXHIBIT 8 PAGE 16
`
`23
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“a first mobile communications device for transmitting information defining a location of the first mobile communications device;”
`
`a first mobile communications device
`for transmitting information defining
`a location of the first mobile
`communications device;
`
`A first device (handset of user “Max”) transmits its location to a server.
`
`Samsung
`Page 17
`
`EXHIBIT 8 PAGE 17
`
`24
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“a second mobile communications device for transmitting information defining a location of the second mobile communications device and a user sending
`status;”
`
`a second mobile communications
`device for transmitting information
`defining a location of the second
`mobile communications device and a
`user sending status;
`
`A second device (handset of a friend of user “Max”) transmits its location to a server and has a
`“sending status” that is active if location sharing is active (or Latitude is signed into).
`
`Sending status can be changed by deactivating the latitude features, for example, by unchecking
`“enable location sharing” in Google Maps --> Settings ---> Location Settings. It can also be
`changed on a per friend basis by checking “hide from this friend” in Google Maps --> Settings ---
`> Location Settings --> Manage your friends --> (select friend) --> Manage sharing. (Latitude as a
`stand alone application has similar settings).
`Note that a number of options allow for opting out of latitude.
`See: http://googleblog.blogspot.com/2009/02/see-where-your-friends-are-with-google.html
`“Fun aside, we recognize the sensitivity of location data, so we've built fine-grained privacy
`controls right into the application. Everything about Latitude is opt-in. You not only control
`exactly who gets to see your location, but you also decide the location that they see. For instance,
`let's say you are in Rome. Instead of having your approximate location detected and shared
`automatically, you can manually set your location for elsewhere — perhaps a visit to Niagara Falls
`. Since you may not want to share the same information with everyone, Latitude lets you change
`the settings on a friend-by-friend basis. So for each person, you can choose to share your best
`Samsung
`Page 18
`
`EXHIBIT 8 PAGE 18
`
`25
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“a second mobile communications device for transmitting information defining a location of the second mobile communications device and a user sending
`status;”
`
`available location or your city-level location, or you can hide. Everything is under your control
`and, of course, you can sign out of Latitude at any time.”
`
`Samsung
`Page 19
`
`EXHIBIT 8 PAGE 19
`
`26
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“and a central unit having a processor coupled to a memory, the central unit capable of communicating with the first mobile communications device over a first
`wireless communications link and with the second mobile communications device over a second wireless communications link,”
`
`A server (which must have memory and a processor) is in communication with both devices over
`first and second mobile communications links.
`
`and a central unit having a processor
`coupled to a memory, the central unit
`capable of communicating with the
`first mobile communications device
`over a first wireless communications
`link and with the second mobile
`communications device over a second
`wireless communications link,
`
`Samsung
`Page 20
`
`EXHIBIT 8 PAGE 20
`
`27
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“the memory storing a first user profile including information associated with a user of the first mobile communications device and a second user profile
`including information associated with a user of the second mobile communications device,”
`
`The server contains sharing/Latitude data and profiles (including “friend” list of each user).
`
`the memory storing a first user profile
`including information associated with
`a user of the first mobile
`communications device and a second
`user profile including information
`associated with a user of the second
`mobile communications device,
`
`Samsung
`Page 21
`
`EXHIBIT 8 PAGE 21
`
`28
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“wherein the central unit receives the user sending status from the second mobile communications device and the information defining the locations of the first
`and the second mobile communications devices”
`
`The server receives sharing/Latitude sending status and location information.
`
`wherein the central unit receives the
`user sending status from the second
`mobile communications device and
`the information defining the locations
`of the first and the second mobile
`communications devices
`
`Samsung
`Page 22
`
`EXHIBIT 8 PAGE 22
`
`29
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 7
`“and wherein the processor receives the first and the second user profiles to match information of the users and, if there is a match and depending upon the user
`sending status, effects the transmission to the first mobile communications device of locating information based upon the information defining the locations of
`the first and the second mobile communications devices.”
`
`If there is a profile match (the two users are friends) and the user sending status of the second
`device is sharing with the first device then the server transmits locating information to the first
`device. This locating information is based on the locatinos of the first and second devices, for
`example it is the locations of both devices (icons and “Max,” below).
`
`and wherein the processor receives
`the first and the second user profiles
`to match information of the users and,
`if there is a match and depending
`upon the user sending status, effects
`the transmission to the first mobile
`communications device of locating
`information based upon the
`information defining the locations of
`the first and the second mobile
`communications devices.
`
`In addition, by selecting a friend, locating information based on each user can be received from the
`server (directions to the friend from the current location)
`
`Samsung
`Page 23
`
`EXHIBIT 8 PAGE 23
`
`30
`
`
`
`6,618,593 – Google Maps/Latitude – Claim 10
`“The system according to any of claims 1, 4 or 7, wherein at least one of the first and the second mobile communications devices includes an input device for
`inputting the profile information.”
`
`6,618,593 Claim Language
`10. The system according to any of
`claims 1, 4 or 7, wherein at least one
`of the first and the second mobile
`communications devices includes an
`input device for inputting the profile
`information.
`
`Google Maps/Latitude
`The relevant Samsung products contain Google Maps with Google Latitude or Google Latitude as
`a stand-alone application with similar functionality (“Samsung Devices”) 7/8/. During use of
`Google Maps with Google Latitude or Google Latitude on the Samsung Devices the devices
`(mobile phones or tablets) contain user input devices for inputting profile information including
`the names of friends to share location with in Google Latitude.
`
`7/
`The Samsung Galaxy SIII Device charted herein is representative of the Samsun
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