Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
`
`In these Infringement Contentions, AGIS Software Development LLC (“AGIS”) contends that at least the following claims of
`U.S. Patent No. 8,213,970 (the “’970 Patent”) identified below are infringed by the Accused Products (i.e., phones, tablets, media
`players, watches and servers, as well as, operating systems, apps, and software) which are manufactured, sold, offered for sale, and/or
`used by Apple Inc. (“Apple”).
`
`The Accused Products comprise Apple products running the iOS mobile operating system, including iPhone, iPad, and iPod
`Touch models sold during and after 2011. For example, the Accused Products comprise the following iOS-based devices: iPhone 4s
`(A1431, A1387), iPhone 5, (A1428, A1429, A1442), iPhone 5C (A1456, A1507, A1516, A1529, A1532), iPhone 5S (A1453, A1457,
`A1518, A1528, A1530, A1533), iPhone SE (A1723, A1662, A1724), iPhone 6 (A1549, A1586, A1589), iPhone 6 Plus (A1522,
`A1524, A1593), iPhone 6S (A1633, A1688, A1700), iPhone 6S Plus (A1634, A1687, A1699), iPhone 7 (A1660, A1778, A1779),
`iPhone 7 Plus (A1661, A1784, A1785), iPhone 8, iPhone 8 Plus, iPhone X, iPad (A1219, A1337), iPad 2 (A1395, A1396. A1397),
`iPad 3rd generation (A1416, A1430, A1403), iPad 4th generation (A1458, A1459, A1460), iPad 5th generation (A1822, A1823), iPad
`mini (A1432, A1454, A1455), iPad mini 2 (A1489, A1490, A1491), iPad mini 3 (A1599, A1600), iPad mini 4 (A1538, A1550), iPad
`Air (A1474, A1475), iPad Air 2 (A1566, A1567), iPad Pro 12.9-inch (A1584, A1652), iPad Pro 9.7-inch (A1673, A1674, A1675),
`iPad Pro 10.5-inch (A1701, A1709), iPad Pro 12.9-inch 2nd generation (A1670, A1671). The Accused Products comprise iPod touch
`4th generation (A1367), iPod touch 5th generation 16GB Mid 2013 (A1509), iPod touch 5th generation (A1509, A1421), iPod touch
`6th generation (A1574). The Accused Products comprise Apple Watch Series 1(A1801, A1802), Apple Watch Series 2 (A1757,
`A1758), Apple Watch Edition (A1816, A1817), Apple Watch Hermes (A1757, A1758), Apple Watch Nike+ (A1757, A1758), Apple
`Watch 1st generation (A1553, A1554), Apple Watch Sport (A1553, A1554), Apple Watch Edition (A1553, A1554), Apple Watch
`Hermes (A1553, A1554), Apple Watch Series 3 (GPS+Cellular) (various upcoming models), and Apple Watch Series 3 (GPS)
`(various upcoming models). The Accused Products comprise the iOS mobile operating systems, including the following versions (and
`all intervening updates and sub-versions): iOS 4, iOS 5, iOS 6, iOS 7, iOS 8, iOS 9, iOS 10, and iOS 11. The Accused Products
`comprise the watchOS mobile operating systems, including the following versions (and all intervening updates and sub-versions):
`watchOS, watchOS 2, watchOS 3, and watchOS 4 (upcoming release on September 19, 2017). The Accused Products comprise apps,
`networks, servers, and/or services provided by Apple and related to: Find My iPhone, Find My Friends, iCloud, iTunes, Apple ID,
`Maps, iMessage, Messages, FaceTime, iOS Device Activation network, and SMS Text Forwarding. The Accused Products further
`comprise Apple’s iCloud (formerly MobileMe) services and Apple’s servers hosting iCloud (formerly MobileMe) data and services.
`The Accused Products comprise Apple Maps services and Apple’s internal servers hosting Apple Maps data and services, as well as,
`third-party servers providing Apple with data and services for use with Apple Maps. The Accused Products comprise Apple Messages
`
`A-1
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`Apple Inc.
`Exhibit 1008
`Page 001
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`
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`and iMessage services and Apple’s internal servers hosting Apple Messages and iMessage data and services, as well as, third-party
`servers providing Apple with data and services for use with Apple Messages and iMessage data and services.
`
`
` AGIS does not concede that any claims of the ’970 Patent that are not listed below are not infringed by the identified products.
`Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way foreclose
`AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These contentions
`are preliminary in nature, and an analysis of Apple’s products, internal documentation, source code, and/or testimony from relevant
`witnesses may more fully and accurately describe the infringing features of its accused products. Accordingly, AGIS reserves the
`right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Apple, including but not limited to
`positions on claim construction, invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
`
`Claim
`1[P]. A communication system for
`transmitting, receiving, confirming
`receipt, and responding to an
`electronic message, comprising: a
`predetermined network of
`participants, wherein each participant
`has a similarly equipped PDA/cell
`phone that includes a CPU and a
`touch screen display a CPU and
`memory;
`
`Accused Products
`The Apple Accused Products together constitute a “communication system” for transmitting,
`receiving, confirming receipt, and responding to an electronic message, comprising: a
`predetermined network of participants, wherein each participant has a similarly equipped
`PDA/cell phone that includes a CPU and a touch screen display a CPU and memory.
`
`Apple makes, uses, sells, and otherwise provides this communication system by making,
`using, selling, and importing iOS devices such as the iPhone, iPad, iPod touch, and Apple
`Watch as well as by providing its servers for use with iOS devices to enable features such as
`Find My iPhone.
`
`The Accused Products include Apple’s servers, which receive and relay information and
`otherwise provide for data transmission, as well as iOS devices and web interfaces, which
`provide the forced message control functionality for other iOS devices.
`
`For example each “Apple ID” is a personal account to “access Apple services like the
`App Store, iTunes Store, iCloud, iMessage, the Apple Online Store, FaceTime, and more,“
`which allowed users to “use the same Apple ID everywhere you sign in to ensure that all your
`
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`A-2
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`Apple Inc.
`Exhibit 1008
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`Apple services and devices work together seamlessly and you can access your personal
`content from all your devices.” https://appleid.apple.com/faq/#!&page=faq
`
`Apple stores and serves Apple ID on its networks in one of its proprietary servers.
`
`https://www.apple.com/support/systemstatus/
`
`Each “Apple ID” is associated with a pre-determined number of apple devices, which include
`a CPU and a touchscreen, and which are registered with apple when a customer acquires an
`Accused Products, such as an iOS-based device.
`
`Apple provides this network and the associated devices to its customers. See, e.g.,
`(https://www.apple.com/ca/legal/internet-services/icloud/en/terms.html)
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`A-3
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`Exhibit 1008
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`[1A] a data transmission means that
`facilitates the transmission of
`electronic files between said
`PDA/cell phones in different
`locations;
`
`[1B] a sender PDA/cell phone and at
`least one recipient PDA/cell phone
`for each electronic message;
`
`As explained below, this “communication network” can be used for “transmitting, receiving,
`confirming receipt, and responding to an electronic message.”
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: facilitating the transmission of electronic files between said PDA/cell phones in
`different locations.
`
`Structure: Communications network server. ’970 Patent at 1:39-43; 2:36-43; Figs. 2, 3A, 3B,
`and 4.
`
`The Accused Products meet this limitation. Apple provides access to one or more of its
`servers that facilitate the transmission of electronic files between each of the iOS devices.
`These servers include the iCloud server(s), iMessage server(s), FaceTime Server(s), Find My
`iPhone Server(s), and other servers that AGIS expects to identify through discovery.
`
`Apple makes, uses, imports, sells, or otherwise provides iOS devices, such as the Accused
`Products, to its customers. These devices include PDA/cell phones, i.e. smartphones, tablets,
`and other devices with cellular connections. Each claimed electronic message is sent from at
`least one Accused Product to another Accused Product which share a common “Apple ID.”
`
`
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`A-4
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`Apple Inc.
`Exhibit 1008
`Page 004
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`
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`Sender device
`
`
`
`
`
`Recipient device
`
`[1C] a forced message alert software
`application program including a list
`of required possible responses to be
`selected by a participant recipient of
`a forced message response loaded on
`each participating PDA/cell phone;
`
`
`
`
`See claim 1[P].
`Apple makes, uses, imports, sells, or otherwise provides a forced message alert software
`application program including a list of required possible responses to be selected by a
`participant recipient of a forced message response loaded on each participating PDA/cell
`phone.
`
`For example, Apple’s Find My iPhone software application, which Apple provides in its App
`store or pre-installed on the Accused Products, allows iOS users to track other Apple-provided
`devices, such as PDA/cell phones, computers, headphones, and watches, linked to the same
`iTunes / iCloud account either directly or through family sharing. Find My iPhone provides a
`list of the status for each device within the same iTunes / iCloud / family sharing account that
`tracks location status, responses to location requests / time since last update, and actual
`locations.
`
`
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`A-5
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`Apple Inc.
`Exhibit 1008
`Page 005
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`A-6
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`Exhibit 1008
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`
`
`List of Devices
`
`
`
`A-7
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`Apple Inc.
`Exhibit 1008
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`A-8
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`Apple Inc.
`Exhibit 1008
`Page 008
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`
`This forced message alert software includes with it a list of required possible responses to be
`selected by a participant recipient, such as “tap to call,” “emergency,” or entering the
`recipients password to unlock the phone.
`
`
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`A-9
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`Apple Inc.
`Exhibit 1008
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`List of possible responses include “tap
`to call,” “emergency,” and unlock.
`
`Find My iPhone also allows provides
`certain phones with the option to
`“swipe to unlock” Certain other
`devices substitute “swipe to unlock”
`with an equivalent “press home to
`unlock” or fingerprint recognition.
`
`[1D] means for attaching a forced
`message alert software packet to a
`voice or text message creating a
`forced message alert that is
`transmitted by said sender PDA/cell
`phone to the recipient PDA/cell
`phone,
`
`
`
`
`Each of the Accused Products includes or provides support for a means for attaching a forced
`message alert software packet to a voice or text message creating a forced message alert that is
`transmitted by said sender PDA/cell phone to the recipient PDA/cell phone.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: attaching a forced message alert software packet to a voice or text message creating
`a forced message alert that is transmitted by said sender PDA/cell phone to the recipient
`PDA/cell phone
`
`Structure: Algorithm set forth in Fig 2, 3A, 3B. 7:8-63.
`
`Apple’s Find My iPhone feature allows iOS users to track other phones, tablets, and computers
`linked to the same iTunes/iCloud or other Apple account. Find My iPhone provides a list of
`the status for each device that tracks location status, responses to location requests / time since
`
`
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`A-10
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`last update, and actual locations.
`
`The Sender electronically transmits the message to the Receiver through the use of the
`Accused Products. Because this is a security feature, the recipient phones have no control
`over the receipt of the message and thus the message is “forced.”
`
`
`The forced message alert is initiated by
`selecting the phone to put into “lost
`mode” then selecting “actions.”
`
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`A-11
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`Apple Inc.
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`Next, select “lost mode,” which triggers
`the lost mode dialogue.
`
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`A-12
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`Apple Inc.
`Exhibit 1008
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`The forced message alert causes automatic responses as shown in the response list below,
`depicting that “Rose’s iPhone” is in “lost mode” and responding with Rose’s location. If the
`user’s account includes additional Accused Products, those Accused Products are also
`displayed in the device list. The user can put multiple Accused Products into “lost mode”
`which would be reflected in the response list below.
`
`
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`A-13
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`Exhibit 1008
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`“lost mode” automatic response.
`Location updates also automatically
`respond.
`
`
`
`
`This claim is literally met by one or more TCP/IP or other protocol packets (including Apple
`specific protocols), via Apple’s Servers. To the extent that the claims literally cover only a
`single packet, the limitation would still be met under the doctrine of equivalents. One of
`ordinary skill in the art would readily appreciate that packetized communications can be
`subdivided into multiple packet-sizes. These packets may be further subdivided in order to
`pass over different network layers. Thus, this limitation is equivalently met by packetized
`communication transmitting the forced message.
`
`Each of the Accused Products includes or provides support for the Find My iPhone capability,
`which includes forced message alert packets as set forth above in [1D]. Furthermore, these
`packets contain a list of possible required responses and requiring the forced message alert
`software on said recipient PDA/cell phone to transmit an automatic acknowledgment to the
`sender PDA/cell phone as soon as said forced message alert is received by the recipient
`
`A-14
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`[1E]said forced message alert
`software packet containing a list of
`possible required responses and
`requiring the forced message alert
`software on said recipient PDA/cell
`
`
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`Apple Inc.
`Exhibit 1008
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`
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`phone to transmit an automatic
`acknowledgment to the sender
`PDA/cell phone as soon as said
`forced message alert is received by
`the recipient PDA/cell phone;
`
`PDA/cell phone.
`
`Touching the “done” button electronically transmits the message. Because this is a security
`feature, the recipient phones have no control over the receipt of the message and thus the
`message is “forced.” To enter “lost mode,” the sender attaches a phone number and message.
`Once the forced message is received by the recipient, an automatic acknowledgment is
`displayed by the sender cell phone. At least the phone number constitutes a list of required
`responses, i.e. to call the sender.
`
`The sender device sends a request and in response, the receiver device sends an automatic
`acknowledgement which confirms that the device is in “lost” mode and provides the
`recipient’s location. For example, even location services is turned off, “it’s temporarily turned
`on to track your device’s location.”
`https://support.apple.com/kb/PH19299?locale=en_US
`
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`A-15
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`Apple Inc.
`Exhibit 1008
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`“lost mode” automatic response.
`Location updates also automatically
`respond.
`
`
`
`
`
`Other responses include “emergency” and unlocking options such as “swipe to unlock” and
`“push to unlock” or fingerprint recognition. Each of these responses is a required response
`because the receiver device is otherwise inoperable unless these responses are selected. To the
`extent this limitation is not literally met, each of these responses are at least the equivalent of a
`required response because they perform the same function (alerting the receiver device) in
`substantially the same way (locking the phone and making it otherwise unusable until one of
`the required manual actions is performed) to achieve substantially the same result (the lost
`message is conveyed to the receiver phone and responsive action is taken).
`
`
`A-16
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`Apple Inc.
`Exhibit 1008
`Page 016
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`
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`[1F] means for requiring a required
`manual response from the response
`list by the recipient in order to clear
`recipient's response list from
`recipient's cell phone display;
`
`
`Each of the Accused Products a means for requiring a required manual response from the
`response list by the recipient in order to clear recipient's response list from recipient's cell
`phone display.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: requiring a required manual response from the response list by the recipient in order
`to clear recipient's response list from recipient's cell phone display.
`
`Structure: Algorithm set forth in Figure 4 and 8:16-57; 11:1-21.
`
`This algorithm is implemented in software provided by Apple on the recipient phone device.
`
`
`
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`A-17
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`Apple Inc.
`Exhibit 1008
`Page 017
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`AGIS relies on Patent Local Rule 3-1(g).
`
`Additionally, while lost mode may be disabled from apple services such as iCloud, lost mode
`cannot be disabled on the recipient device without entering the passcode. Furthermore, a
`locked iPhone may also be able to receive phone calls, but receiving a phone call does not
`affect this limitation and the phone remains otherwise locked.
`
`Required responses incorporated into Apple’s software used in the Accused Products include
`“emergency” and unlocking options such as “swipe to unlock” and “push to unlock” or
`fingerprint/ recognition. Each of these responses is a required response because the receiver
`device is otherwise inoperable unless these responses are selected. To the extent this
`limitation is not literally met, each of these responses are at least the equivalent of a required
`response because they perform the same function (alerting the receiver device) in substantially
`the same way (locking the phone and making it otherwise unusable until one of the required
`manual actions is performed) to achieve substantially the same result (the lost message is
`conveyed to the receiver phone and responsive action is taken).
`Each of the Accused Products includes a means for receiving and displaying a listing of which
`recipient PDA/cell phones have automatically acknowledged the forced message alert and
`which recipient PDA/cell phones have not automatically acknowledged the forced message
`alert.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: receiving and displaying a listing of which recipient PDA/cell phones have
`automatically acknowledged the forced message alert and which recipient PDA/cell phones
`
`[1G] means for receiving and
`displaying a listing of which
`recipient PDA/cell phones have
`automatically acknowledged the
`forced message alert and which
`recipient PDA/cell phones have not
`automatically acknowledged the
`forced message alert;
`
`
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`A-18
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`Apple Inc.
`Exhibit 1008
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`have not automatically acknowledged the forced message alert;
`
`Structure: PDA/cell phone hardware including touch screen 16, and wireless transmitter or
`cellular modem. ’970 Patent at col. 4:12-46.1
`
`Each of the Accused Products includes a display that can display which devices have
`automatically acknowledged the forced message (e.g. entering “lock mode” and providing
`updates):
`
`List of devices indicates which devices
`have responded to the forced message
`and entered “lock mode,” which
`devices have not entered “lock mode,”
`and which devices are no longer in
`“lock mode.”
`
`[1H] means for periodically
`resending said forced message alert
`
`
`Each Accused Product includes a means for periodically resending said forced message alert
`to said recipient PDA/cell phones that have not automatically acknowledged the forced
`
`
`
`
`1 In the alternative, to the extent that Defendant may allege that this implementation is software-implemented, the structure for such
`display software is set forth in the algorithms in Figures 2, 3A, 3B, 6:38-7:4; 7:17-8:15.
`
`
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`A-19
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`Apple Inc.
`Exhibit 1008
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`
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`to said recipient PDA/cell phones
`that have not automatically
`acknowledged the forced message
`alert;
`
`message alert.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: periodically resending said forced message alert to said recipient PDA/cell phones
`that have not automatically acknowledged the forced message alert;
`
`Structure: PDA/cell phone hardware including a wireless transmitter or cellular modem. ’970
`Patent at col. 4:12-46.
`
`This limitation is met by the cellular or wireless connectivity of each Accused Product, which
`periodically resend forced message alerts to the recipient phone.
`
`
`
`
`
`
`
`See, e.g., http://www.techinsights.com/about-techinsights/overview/blog/apple-iphone-7-
`teardown/
`
`Apple uses a means for receiving and displaying a listing of which recipient PDA/cell phones
`have transmitted a manual response to said forced message alert and details the response from
`each recipient PDA/cell phone that responded
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`
`[1I] and means for receiving and
`displaying a listing of which
`recipient PDA/cell phones have
`transmitted a manual response to said
`forced message alert and details the
`response from each recipient
`
`
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`A-20
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`Exhibit 1008
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`PDA/cell phone that responded.
`
`Function: receiving and displaying a listing of which recipient PDA/cell phones have
`transmitted a manual response to said forced message alert and details the response from each
`recipient PDA/cell phone that responded.
`
`Structure: Structure: PDA/cell phone hardware including touch screen 16, and wireless
`transmitter or cellular modem. ’970 Patent at col. 4:12-46.2
`
`Each of the Accused Products includes a display that can display which recipient devices have
`transmitted a manual response (e.g., exiting “lock mode” from the Recipient Device).:
`
`
`List of devices indicates which devices
`have responded to the forced message
`and entered “lock mode,” which
`devices have not entered “lock mode,”
`and which devices are no longer in
`“lock mode.”
`
`Note that Rose’s iPhone is no longer in
`“lock mode” after entering the required
`response.
`
`
`
`The accused system of Claim 1 includes Accused Products where the forced message alert
`
`2[A]. The system as in claim 1,
`
`2 In the alternative, to the extent that Defendant may allege that this implementation is software-implemented, the structure for such
`display software is set forth in the algorithms in Figures 2, 3A, 3B, 6:38-7:4; 7:17-8:15.
`
`
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`A-21
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`Apple Inc.
`Exhibit 1008
`Page 021
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`
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`wherein the forced message alert
`software application program on the
`recipient PDA/cell phone includes:
`means for transmitting the
`acknowledgment of receipt to said
`sender PDA/cell phone immediately
`upon receiving a forced message
`alert from the sender PDA/cell
`phone.
`
`[2B] means for controlling of the
`recipient PDA/cell phone upon
`transmitting said automatic
`acknowledgment and causing, in
`cases where the force message alert
`is a text message, the text message
`and a response list to be shown on
`the display of the recipient PDA/cell
`phone or causes, in cases where the
`forced message alert is a voice
`message, the voice message being
`periodically repeated by the speakers
`of the recipient PDA/cell phone
`
`software application program on the recipient PDA/cell phone includes: means for
`transmitting the acknowledgment of receipt to said sender PDA/cell phone immediately upon
`receiving a forced message alert from the sender PDA/cell phone
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: transmitting the acknowledgment of receipt to said sender PDA/cell phone
`immediately upon receiving a forced message alert from the sender PDA/cell phone;
`
`Structure: Algorithm set forth in Figure 4 and 8:16-57; 11:1-21.
`
`This algorithm is implemented in software provided by Apple on the recipient phone device.
`
`AGIS relies on Patent Local Rule 3-1(g).
`
`The receiver device sends an automatic acknowledgement which confirms that the device is in
`“lost” mode and provides the recipient’s location. For example, even if location services is
`turned off, “it’s temporarily turned on to track your device’s location.”
`https://support.apple.com/kb/PH19299?locale=en_US
`
`The accused system of Claim 1 includes Accused Products that include a means for controlling
`of the recipient PDA/cell phone upon transmitting said automatic acknowledgment and
`causing, in cases where the force message alert is a text message, the text message and a
`response list to be shown on the display of the recipient PDA/cell phone or causes, in cases
`where the forced message alert is a voice message, the voice message being periodically
`repeated by the speakers of the recipient PDA/cell phone while said response list is shown on
`the display.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: controlling of the recipient PDA/cell phone upon transmitting said automatic
`acknowledgment and causing, in cases where the force message alert is a text message, the
`text message and a response list to be shown on the display of the recipient PDA/cell phone or
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`A-22
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`Apple Inc.
`Exhibit 1008
`Page 022
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`while said response list is shown on
`the display;
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`causes, in cases where the forced message alert is a voice message, the voice message being
`periodically repeated by the speakers of the recipient PDA/cell phone while said response list
`is shown on the display.
`
`Structure: Algorithm set forth in Figure 4 and 8:16-57; 11:1-21.
`
`This algorithm is implemented in software provided by Apple on the recipient phone device.
`
`AGIS relies on Patent Local Rule 3-1(g).
`
`When text message including a callback number is sent along with the forced message alert
`from the Sender to Receiver, the receiver’s device is controlled by entering “locked mode” and
`the callback number is displayed on the recipient’s screen. In cases where a voice message is
`attached to the forced message alert, receiver’s device is controlled by entering “locked mode”
`and the voice message played by the speakers of the receivers device while the response list is
`displayed on the receiver device. For example, if the Sender device activates the "voice over"
`function and then send a forced alert sound to the receiver device from find my iPhone, the
`receiving device will play that voice alert while in locked mode.
`
`For example, this limitation is met when a user of the Accused Products chooses form the
`options “play sound,” “lost mode,” or “erase phone” and following any necessary prompts.
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`A-23
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`Apple Inc.
`Exhibit 1008
`Page 023
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`To the extent this claim is construed to require both voice and text, “play sound” literally
`meets the limitation of “voice message.” Furthermore, “play sound” is the equivalent of voice,
`because it performs substantially the same function (alerting users of a forced message alert) in
`substantially the same way (sound) with substantially the same result (the user alerted as to the
`forced message).
`
`The user of the Accused Products (the sender) performs the “repeated” limitation by
`continuing to use the “lost mode” feature. Periodic updates are reflected by spinning icons.
`The sender may also force an update by touching the “update” button.
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`A-24
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`Apple Inc.
`Exhibit 1008
`Page 024
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`[2C] means for allowing a manual
`response to be manually selected
`from the response list or manually
`recorded and transmitting said
`manual response to the sender
`PDA/cell phone;
`
`
`The accused system of Claim 1 includes Accused Products that include a means for allowing a
`manual response to be manually selected from the response list or manually recorded and
`transmitting said manual response to the sender PDA/cell phone.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: allowing a manual response to be manually selected from the response list or
`manually recorded and transmitting said manual response to the sender PDA/cell phone;
`
`Structure: Algorithm set forth in Figure 4 and 8:16-57; 11:1-21.
`
`This algorithm is implemented in software provided by Apple on the recipient phone device.
`
`AGIS relies on Patent Local Rule 3-1(g).
`[2D] and means for clearing the text The accused system of Claim 1 includes Accused Products that include a means for clearing
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`A-25
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`Apple Inc.
`Exhibit 1008
`Page 025
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`Exhibit A for US Patent No. 8,213,970 Against Apple Accused Products
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`message and a response list from the
`display of the recipient PDA/cell
`phone or stopping the repeating
`voice message and clearing the
`response list from the display of the
`recipient PDA/cell phone once the
`manual response is transmitted.
`
`3. The system as in claim 1, wherein
`said data transmission means is
`TCP/IP or another communications
`protocol.
`4. The system as in claim 1, wherein
`the response list that is transmitted
`within the forced message alert
`software packet is a default response
`list that is embedded in the forced
`message alert software application
`program.
`
`5. The system as in claim 1, wherein
`the response list that is transmitted
`within the forced message alert
`software packet is a custom response
`
`the text message and a response list from the display of the recipient PDA/cell phone or
`stopping the repeating voice message and clearing the response list from the display of the
`recipient PDA/cell phone once the manual response is transmitted.
`
`This claim term is governed by 35 U.S.C. 112(6).
`
`Function: clearing the text message and a response list from the display of the recipient
`PDA/cell phone or stopping the repeating voice message and clearing the response list from
`the display of the recipient PDA/cell phone once the manual response is transmitted.
`
`Structure: Algorithm set forth in Figure 4 and 8:16-57; 11:1-21.
`
`This algorithm is implemented in software provided by Apple on the recipient phone device.
`
`AGIS relies on Patent Local Rule 3-1(g).
`Each Accused Product transmits information over a TCP/IP connection.
`
`See Claim [1A] above.
`
`Each Accused Product includes a response list that is transmitted within the forced message
`alert software packet is a default response list that is embedded in the forced message alert
`software application program.
`
`See Claim [1F] above.
`
`Default options include “unlock” and “emergency.”
`
`For example, the forced message initiating lock mode may be sent without entering optio