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`M. ELIZABETH DAY (SBN 177125)
`eday@feinday.com
`DAVID ALBERTI (SBN 220265)
`dalberti@feinday.com
`SAL LIM (SBN 211836)
`slim@feinday.com
`MARC BELLOLI (SBN 244290)
`mbelloli@feinday.com
`KATE E. HART (SBN 275121)
`khart@feinday.com
`HONG SYD LIN (SBN 249898)
`hlin@feinday.com
`NICHOLAS V. MARTINI (SBN 237687)
`nmartini@feinday.com
`FEINBERG DAY
`KRAMER ALBERTI LIM TONKOVICH &
`BELLOLI LLP
`1600 El Camino Real, Suite 280
`Menlo Park, CA 94025
`Tel: 650.618.4360
`Fax: 650.618.4368
`
`Attorneys for Uniloc 2017 LLC
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`UNILOC 2017 LLC,
`
`
`Plaintiff,
`
`v.
`
`
`MICROSOFT CORPORATION,
`Defendant.
`
`CASE NO. 8:19-cv-0955-AG-JDE
`CASE NO. 8:19-cv-0956-AG-JDE
`
`DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT
`CONTENTIONS; DOCUMENT
`PRODUCTION ACCOMPANYING
`DISCLOSURE
`
`
`
`
`
`
`
`
`
`
`
`
`
`-1-
`INFRINGEMENT CONTENTIONS-CASE NOS. 8:19-cv-00955/956-AG-JDE
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`In accordance with Standing Patent Rule 2.1 of the Court’s Standing Patent
`Rules, Plaintiff Uniloc 2017 LLC (“Uniloc”) hereby provides its Disclosure of
`Asserted Claims and Infringement Contentions and Document Production
`Accompanying Disclosure, as follows:
`Disclosure Under Standing Patent Rule 2.1.1 and 2.1.2
`Uniloc alleges that Microsoft Corporation (“Microsoft”) directly and
`indirectly infringes U.S. Patent No. 6,498,541 (the “’541 Patent”) by making, using,
`selling, licensing, offering for sale/license and/or importing accused devices that
`practice a method of controlling a bus communication system, for example, all
`Microsoft products with an USB-3.1 (also known as USB-C) interface, including
`but not limited to Microsoft Surface Book 2 and Surface Go and alleges that
`Microsoft directly and indirectly infringes U.S. Patent No. 6,467,088 (the “’088
`Patent”) by making, using, selling, licensing, offering for sale/license and/or
`importing accused devices that practice a processor-implemented method for
`controlling the reconfiguration of an electronic device, for example, all versions of
`Microsoft Windows 8.1 and 10 software that include the Windows Update feature
`(“Windows Update”), as well as any client devices running Microsoft Windows 8.1
`and 10 software (e.g., Microsoft Surface Devices including Windows 8.1 and 10
`such as the (1) Microsoft Surface, (2) Microsoft Surface 2, (3) Microsoft Surface 3,
`(4) Microsoft Surface Pro, (5) Microsoft Surface Pro 2, (6) Microsoft Surface Pro 3,
`(7) Microsoft Surface Pro 4, (8) Microsoft Surface Pro (5th Gen), (9) Microsoft
`Surface Pro 6, (10) Microsoft Surface Book, (11) Microsoft Surface Book 2, (12)
`Microsoft Surface Laptop, (13) Microsoft Surface Laptop 2, (14) Surface Studio,
`(15) Surface Studio 2, (16) Surface Go, (17) Surface Go with LTE Advanced),
`servers (e.g., Microsoft Windows Update servers), computer readable media,
`software and hardware used to implement Windows Update (collectively the
`“Accused Products”) under 35 U.S.C. § § 271(a)-(c).
`Uniloc accuses Microsoft of infringing claims 1, 2 and 3 of the ’541 patent
`-2-
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`and claims 1, 2, 3, 4, 6, 7, 8 and 9 of the ’088 patent (collectively the “Asserted
`Claims”). A further description of the infringing Microsoft products/services is
`provided in Exhibits A-B and incorporated by reference.
`Disclosure Under Standing Patent Rule 2.1.3
`The Accused Products of which Uniloc is aware currently are identified in
`Exhibits A-B and incorporated by reference.
`This disclosure is based on the present state of the Uniloc’s knowledge,
`without the benefit of much discovery from Microsoft or any other third-parties.
`Uniloc accordingly reserves the right to support its infringement contentions with
`additional allegations of infringement of other Products and of other claims, and
`with additional facts and products, particularly those for which information is not
`publicly available. Uniloc also reserves the right to modify the positions taken in
`these disclosures, based on later obtained materials, and/or based on information
`currently available, which Uniloc has not yet identified as significant.
`Each element of the Asserted Claims as set forth in Exhibits A-B is literally
`present in the Accused Products. To the extent that the Court construes claims
`differently, Uniloc reserves the right to specifically identify equivalents to those
`construed claims which are practiced by Microsoft directly or indirectly.
`Disclosure Under Standing Patent Rule 2.1.4
`Uniloc contends the following with respect to priority dates:
`Claims 1, 2 and 3 of the ’541 patent are entitled to the priority date of June
`20, 2000; and
`Claims 1, 2, 3, 4, 6, 7, 8 and 9 of the ’088 patent are entitled to the priority
`date of June 30, 1999.
`Disclosure Under Standing Patent Rule 2.1.5
`Uniloc is not relying on the assertion that its own apparatuses, products,
`devices, processes, methods, acts, or other instrumentalities practice the claimed
`inventions.
`
`
`
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`
`
`Disclosure Under Standing Patent Rule 2.1.6
`Uniloc alleges that Microsoft willfully infringes the Asserted Patents as
`follows:
`
` Microsoft’s acts of infringement of the ’541 Patent have been willful and
`intentional under the standard announced in Halo Elecs., Inc. v. Pulse Elecs., Inc.,
`136 S.Ct. 1923, 195 L.Ed 2d 278 (2016). Since at least May 20, 2019 Microsoft
`has willfully infringed the ’541 Patent by refusing to take a license and continuing
`to make, use, test, sell, license, import, and/or offer for sale/license the Accused
`Products. Microsoft has been aware that it infringes the ’541 Patent since at least
`May 20, 2019 and instead of taking a license, Microsoft has opted to make the
`business decision to “efficiently infringe” the ’541 Patent. In doing so, Microsoft
`has willfully infringed the ’541 Patent.
`
` Microsoft’s acts of infringement of the ’088 Patent have been willful and
`intentional under the standard announced in Halo Elecs., Inc. v. Pulse Elecs., Inc.,
`136 S.Ct. 1923, 195 L.Ed 2d 278 (2016). Since at least May 20, 2019 Microsoft
`has willfully infringed the ’088 Patent by refusing to take a license and continuing
`to make, use, test, sell, license, import, and/or offer for sale/license the Accused
`Products. Microsoft has been aware that it infringes the ’088 Patent since at least
`May 20, 2019 and instead of taking a license, Microsoft has opted to make the
`business decision to “efficiently infringe” the ’088 Patent. In doing so, Microsoft
`has willfully infringed the ’088 Patent.
`Uniloc reserves the right to modify the positions taken in these disclosures,
`based on later obtained materials and/or based on information currently available
`that the Uniloc has not yet identified as significant.
`Document Production Under Standing Patent Rule 2.2
`Uniloc objects to the requirements of this production to the extent that it calls
`for the production of documents protected by the attorney-client privilege. Further,
`in producing these documents, Uniloc does not admit or concede the relevancy,
`
`-4-
`
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`materiality, authenticity, or admissibility as evidence of any of these documents.
`All objections to the use, at trial or otherwise, of any document produced are hereby
`expressly reserved. Uniloc’s discovery and investigation in connection with this
`lawsuit is ongoing. As a result, Uniloc produces these documents without prejudice
`as to the right to produce additional documents after considering documents
`obtained or reviewed through further discovery or investigation. Subject to and
`without waiving its objections, Uniloc produces responsive documents as follows:
`Standing Patent Rule 2.2.1: UNI-MS-2053_0033942-34140.
`Standing Patent Rule 2.2.2: UNI-MS-2053_0001527-4109, UNI-MS-
`2053_14404-14906, UNI-MS-2053_14922-15786, UNI-MS-2053_0017187-17229,
`UNI-MS-2053_0020586-21731, UNI-MS-2053_0034141-34469.
`Standing Patent Rule 2.2.3: None.
`
`Dated: July 29, 2019
`
`FEINBERG DAY KRAMER ALBERTI LIM
`TONKOVICH & BELLOLI LLP
`
`By: /s/ M. Elizabeth Day
`M. Elizabeth Day
`Attorneys for Plaintiff
`Uniloc 2017 LLC
`
`-5-
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`Exhibit B
`Exhibit B
`
`
`
`
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`1
`
`
`
`Electronic devices include any computer running a version of Microsoft Windows 8.1 or 10, including
`electronic devices (e.g., computers that are running a version of Microsoft Windows 8.1 or 10).
`The Accused Products perform a processor-implemented method for controlling the reconfiguration of
`
`reconfiguration of an electronic
`method for controlling the
`1pre. A processor-implemented
`
`Accused Products
`
`Claim
`
`expert reports.
`doctrine of equivalents), in view of the Court’s final claim construction in this action, and in connection with the provision of its
`in the case progresses, in view of any non-infringement arguments Microsoft may make (e.g., to allege infringement under the
`information is made available to Plaintiff. Furthermore, Plaintiff reserves the right to revise these contentions, including as discovery
`and functionality of the Accused Products and, accordingly, Plaintiff reserves the right to supplement these contentions once such
`An analysis of Microsoft’s documentation and/or source code may be necessary to fully and accurately describe all infringing features
`precise designs, processes, and algorithms used in them are held secret, at least in part, and are not publicly available in their entirety.
`The asserted claim includes elements that are implemented, at least in part, by proprietary software in the Accused Products. The
`
`
`
`
`
`Update (collectively the “Accused Products”) of directly infringing U.S. Patent No. 6,467,088 (the “’088 Patent").
`servers (e.g., Microsoft Windows Update servers), computer readable media, software and hardware used to implement Windows
`Microsoft Surface Laptop 2, (14) Surface Studio, (15) Surface Studio 2, (16) Surface Go, (17) Surface Go with LTE Advanced),
`Gen), (9) Microsoft Surface Pro 6, (10) Microsoft Surface Book, (11) Microsoft Surface Book 2, (12) Microsoft Surface Laptop, (13)
`Surface Pro, (5) Microsoft Surface Pro 2, (6) Microsoft Surface Pro 3, (7) Microsoft Surface Pro 4, (8) Microsoft Surface Pro (5th
`including Windows 8.1 and 10 such as the (1) Microsoft Surface, (2) Microsoft Surface 2, (3) Microsoft Surface 3, (4) Microsoft
`(“Windows Update”), as well as any client devices running Microsoft Windows 8.1 and 10 software (e.g., Microsoft Surface Devices
`electronic device, for example, all versions of Microsoft Windows 8.1 and 10 software that include the Windows Update feature
`importing in the United States devices that practice a processor-implemented method for controlling the reconfiguration of an
`Plaintiff accuses Defendant Microsoft Corp. (“Microsoft”) of making, using, selling, licensing, offering for sale/license and/or
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
`
`
`
`
`
`infringement of the ’088 patent under 35 U.S.C. § 271(b).
`prevent-adriver-update-from-reinstalling-in-window; and related domains and sub-domains. Microsoft is thereby liable for
`windows/deployment/update/how-windows-update-works; https://support.microsoft.com/en-us/help/3073930/how-to-temporarily-
`support.microsoft.com; https://support.microsoft.com/enus/help/12373/windows-update-faq; https://docs.microsoft.com/enus/
`through training videos, demonstrations, brochures, installation and user guides, such as those located at: www.microsoft.com;
`agents and others the Accused Products to utilize in an infringing manner. Microsoft intentionally instructs its customers to infringe
`Plaintiff further accuses Microsoft of indirectly infringing the ’088 Patent by providing to third parties including users, customers,
`
`Page 7 of 38
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`2
`
`Studio, (15) Surface Studio 2, (16) Surface Go, (17) Surface Go with LTE Advanced.
`Microsoft Surface Book 2, (12) Microsoft Surface Laptop, (13) Microsoft Surface Laptop 2, (14) Surface
`Microsoft Surface Pro (5th Gen), (9) Microsoft Surface Pro 6, (10) Microsoft Surface Book, (11)
`Surface Pro, (5) Microsoft Surface Pro 2, (6) Microsoft Surface Pro 3, (7) Microsoft Surface Pro 4, (8)
`Devices such as the (1) Microsoft Surface, (2) Microsoft Surface 2, (3) Microsoft Surface 3, (4) Microsoft
`Examples of Microsoft computer configured to run Microsoft Windows 10 include Microsoft Surface
`any computer running Windows 8.1 or 10, as well as computers made, sold or used by Microsoft.
`
`Accused Products
`
`the steps of:
`device, the method comprising
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`3
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`https://support.microsoft.com/en-us/help/2858199/surface-supported-operating-systems
`
`
`
`Accused Products
`
`Claim
`
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`4
`
`
`
`
`
`
`
`Id.
`
`Id.
`
`Id.
`
`https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`manner that doesn’t disrupt your computer usage.”
`download, and install updates. It does this automatically, according to your settings, and in a silent
`“During the updating process, the Windows Update Orchestrator operates in the background to scan,
`
`Accused Products
`
`Claim
`
`Windows 10:
`
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`5
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`electronic device.
`The Accused Products receive information representative of a reconfiguration request relating to the
`
`https://blogmines.com/blog/how-to-hide-windows-updates-on-windows-8.1/
`
`Windows 10:
`
`the electronic device;
`reconfiguration request relating to
`representative of a
`1a. receiving information
`
`
`
`electronic device.
`Windows 8.1 also includes the ability to automatically download and install relevant updates to the
`
`Windows 8.1:
`
`Id.
`
`
`
`Accused Products
`
`Claim
`
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`Server receives a reconfiguration request when Windows 8.1 initiates the automatic update process.
`Windows 8.1 can download and install updates from a Microsoft server automatically. The Microsoft
`
`https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`Windows 8.1:
`
`
`
`overloading the Windows Update server.
`request for reconfiguration. The requests are initiated and received at random intervals to avoid
`For example, an instance of Windows Update Orchestrator running on an electronic device initiates a
`
`Accused Products
`
`Claim
`
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`Source: https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`
`
`operation.
`The OS Architecture may depend on, for example, whether the processor is capable of 32 or 64 bit
`Also, the update offered is dependent on, among other things, the operating system (OS) Architecture.
`
`For example, “The Windows Update Orchestrator determines which updates apply to your computer.”
`
`Windows 10:
`
`request.
`The Accused Products determine at least one device component required to implement the reconfiguration
`
`https://blogmines.com/blog/how-to-hide-windows-updates-on-windows-8.1/
`
`
`
`request;
`implement the reconfiguration
`device component required to
`1b. determining at least one
`
`Accused Products
`
`Claim
`
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`8
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`(32-bit) and x64 (64-bit) processors.
`the update associated with Microsoft Knowledge Base article KB2902864 shows different updates for x86
`Windows 8.1 performs updates based on the processor architecture of the electronic device. For example,
`
`Source: https://support.microsoft.com/en-us/help/15056/windows-32-64-bit-faq
`
`Windows 8.1:
`
`
`
`Source: https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-troubleshooting
`
`
`
`Accused Products
`
`Claim
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`optional.”
`“Driver sync: Part of the scan that looks at Driver updates only. This is run after Software sync and is
`
`electronic device (“known acceptable configurations”):
`updates that necessarily require determining additional components currently implemented in the
`In addition to “software” (e.g., OS and apps) updates, Windows Update performs, for example, driver
`
`Windows 10:
`
`electronic device.
`acceptable configurations for the electronic device and a list of known unacceptable configurations for the
`additional component currently implemented in the electronic device with at least one of a list of known
`The Accused Products compare the determined component and information specifying at least one
`
`Server).
`the architecture of the electronic device as well as the operating system (e.g., Windows 8.1 or Windows
`When Windows Update automatically downloads this update, it necessarily receives information about
`
`configured-correctly-w
`https://support.microsoft.com/en-us/help/2902864/update-removes-the-windows-8-1-secureboot-isn-t-
`
`
`
`the electronic device; and
`unacceptable configurations for
`device and a list of known
`configurations for the electronic
`of known acceptable
`device with at least one of a list
`implemented in the electronic
`component currently
`specifying at least one additional
`component and information
`1c. comparing the determined
`
`Accused Products
`
`Claim
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`during an update.
`used to create a list of “known unacceptable configurations” for the electronic device, which is considered
`However, in the event of specific component incompatibilities, the Windows Show/Hide Updates tool is
`
`Id.
`
`Microsoft Office including enterprise group policies.”
`appropriate for your computer using guidelines defined by the publisher of the update, for example,
`“When checking for updates, the Windows Update Orchestrator evaluates whether the update is
`
`Id.
`
`to evaluate applicability in the cloud.”
`Sync, a “where client provides a list of device, product and caller attributes ahead of time to allow service
`Windows Update can also perform a Product Sync, which is a “[a]ttributes based sync.” In a Product
`
`Source: https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`Accused Products
`
`Claim
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`from-reinstalling-in-window
`Source: https://support.microsoft.com/en-us/help/3073930/how-to-temporarily-prevent-a-driver-update-
`
`
`
`Accused Products
`
`Claim
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`Source: https://www.groovypost.com/howto/block-windows-10-feature-update-why/
`
`
`
`
`
`Accused Products
`
`Claim
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`“Installing updates
`
`Windows 10:
`
`step.
`approves and initiates installation of the appropriate update components initiated based on the comparison
`request based at least in part on the results of the comparing step. For example, Windows Update
`The Accused Products generate information indicative of an approval or denial of the reconfiguration
`
`https://blogmines.com/blog/how-to-hide-windows-updates-on-windows-8.1/
`
`
`
`the result of the comparing step.
`request based at least in part on
`denial of the reconfiguration
`indicative of an approval or a
`1d. generating information
`
`which generates “a list of known unacceptable configurations” for use during the update process.
`components currently implemented in the electronic device. Windows 8.1 allows a user to hide updates
`Similarly, Windows 8.1 performs driver updates that necessarily require determining additional
`
`Accused Products
`
`Claim
`
`Windows 8.1:
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`
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`installed. This history can be viewed in Windows.
`Windows Update generates an update history (e.g. indicative of approval) for updates that are successfully
`
`https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`installation.”
`should do with them. The action list is provided to the install agent along with the payload to begin the
`The action list describes all the files needed from WU, and what the install agent (such as CBS or Setup)
`
`compare that with the downloaded metadata to create an "action list".
`Update settings, when downloading is complete, the Arbiter will gather details from the device, and
`When an update is applicable, the "Arbiter" and metadata are downloaded. Depending on your Windows
`
`
`
`Accused Products
`
`Claim
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`15
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`
`
`https://www.howtogeek.com/406120/why-does-windows-10-update-so-much/
`
`https://support.microsoft.com/en-us/help/12373/windows-update-faq
`
`Accused Products
`
`Claim
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`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-logs
`
`
`
`Accused Products
`
`Claim
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`Windows 8.1 also generates an update history to indicate approval of the reconfiguration request.
`
`https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-logs
`
`Windows 8.1:
`
`
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`“Installing updates
`
`Windows 10:
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`the additional component are consistent with a given one of the known acceptable configurations.
`appropriate update components initiated based on the comparison step if the determined-component and
`acceptable configurations. For example, Windows Update approves and initiates installation of the
`determined-component and the additional component are consistent with a given one of the known
`The Accused Products generate information indicative of an approval of the reconfiguration request if the
`
`In addition, Windows 8.1 keeps driver installation logs at C:\Windows\Inf\setupapi.dev.log.
`
`https://www.youtube.com/watch?v=01GIinSiVAg
`
`
`
`acceptable configurations.
`given one of the known
`component are consistent with a
`component and the additional
`request if the determined-
`approval of the reconfiguration
`information indicative of an
`including the step of generating
`2. The method of claim 1 further
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`Page 24 of 38
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`19
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`installed. This history can be viewed in Windows.
`Windows Update generates an update history (e.g. indicative of approval) for updates that are successfully
`
`https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`Microsoft Office including enterprise group policies.”
`appropriate for your computer using guidelines defined by the publisher of the update, for example,
`“When checking for updates, the Windows Update Orchestrator evaluates whether the update is
`
`https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`installation.”
`should do with them. The action list is provided to the install agent along with the payload to begin the
`The action list describes all the files needed from WU, and what the install agent (such as CBS or Setup)
`
`compare that with the downloaded metadata to create an "action list".
`Update settings, when downloading is complete, the Arbiter will gather details from the device, and
`When an update is applicable, the "Arbiter" and metadata are downloaded. Depending on your Windows
`
`
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`Page 25 of 38
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`20
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`
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`https://www.howtogeek.com/406120/why-does-windows-10-update-so-much/
`
`https://support.microsoft.com/en-us/help/12373/windows-update-faq
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`Page 26 of 38
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`21
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`https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-logs
`
`
`
`given one of the known acceptable configurations.
`reconfiguration request if the determined-component and the additional component are consistent with a
`In addition, Windows Update maintains logs that include information indicative of an approval of the
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`22
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`Windows 8.1 also generates an update history to indicate approval of the reconfiguration request.
`
`https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-logs
`
`Windows 8.1:
`
`
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`Page 28 of 38
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`23
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`The Accused Products perform the method as shown below.
`
`
`
`configurations. See elements 1c, 1d, which are incorporated by reference.
`component and the additional component are consistent with a given one of the known acceptable
`The Accused Products download the determined component to the electronic device if the determined
`
`In addition, Windows 8.1 keeps driver installation logs at C:\Windows\Inf\setupapi.dev.log.
`
`https://www.youtube.com/watch?v=01GIinSiVAg
`
`
`
`further including the steps of:
`4pre. The method of claim 1
`
`known acceptable configurations.
`consistent with a given one of the
`additional component are
`determined component and the
`electronic device if the
`the determined component to the
`including the step of downloading
`3. The method of claim 1 further
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`24
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`given one of the known unacceptable configurations.
`reconfiguration request if the determined-component and the additional component are consistent with a
`In addition, Windows Update maintains logs that include information indicative of a denial of the
`
`unacceptable configurations. See element 1c, which is incorporated by reference.
`determined component and the additional component are consistent with a given one of the known
`The Accused Products generate information indicative of a denial of the reconfiguration request if the
`
`Windows 10:
`
`configurations for the electronic device. See element 1c, which is incorporated by reference.
`additional component currently implemented in the electronic device with the list of known unacceptable
`The Accused Products compare the determined component and information specifying at least one
`
`Accused Products
`
`configurations.
`known unacceptable
`consistent with a given one of the
`additional component are
`determined component and the
`reconfiguration request if the
`indicative of a denial of the
`4b. generating information
`
`the electronic device; and
`unacceptable configurations for
`device with the list of known
`implemented in the electronic
`component currently
`specifying at least one additional
`component and information
`4a. comparing the determined,
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`25
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`https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-logs
`
`
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`
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`Page 31 of 38
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`26
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`in the electronic device in order to implement the reconfiguration.
`For example, Windows Update transmits Detectoid updates that specify additional components required
`
`Windows 10:
`
`required in the electronic device in order to implement the reconfiguration.
`The Accused Products transmit in response to a reconfiguration request, a list of additional components
`
`installation logs at C:\Windows\Inf\setupapi.dev.log.
`Windows 8.1 generates information about denials of reconfiguration requests by keeping driver
`
`https://docs.microsoft.com/en-us/windows/deployment/update/windows-update-logs
`
`Windows 8.1:
`
`
`
`implement the reconfiguration.
`electronic device in order to
`components required in the
`request a list of additional
`in response to the reconfiguration
`including the step of transmitting
`6. The method of claim 1 further
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`https://docs.microsoft.com/en-us/previous-versions/windows/desktop/bb902473(v=vs.85)
`
`IsInstalled is false, IsSuperseded is false, and IsInstallable is true, the update should be installed.”
`element used for information shared by the three core rules. For a given update on a given computer, if
`“There are three core applicability rules, IsInstalled, IsSuperseded, and IsInstallable, plus the Metadata
`
`In addition, Windows Update applies applicability rules indicating whether an update should be installed.
`
`https://docs.microsoft.com/en-us/previous-versions/windows/desktop/bb902491(v=vs.85)
`
`SP1 has a prerequisite on a detectoid that checks for the presence of Windows XP SP1.”
`a detectoid), and B is not installed, then A cannot be installed. For example, an update for Windows XP
`“Prerequisite – A prerequisite dependency. If update A has a prerequisite on update B (which is typically
`
`https://docs.microsoft.com/en-us/windows/deployment/update/how-windows-update-works
`
`
`
`Accused Products
`
`Claim
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
`
`
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`Page 33 of 38
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`28
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`Afrikaans (af): 58228f47-fb99-4a41-9064-ba4f73d48e01
`
`Windows MUI (mui): DFC8409B-BA29-4258-9293-5C35B99053CF
`
`Operating System Languages
`
`
`
`x86-based systems: 3E0AFB10-A9FB-4c16-A60E-5790C3803437
`
`Itanium-based systems: AABD43AD-A183-4f0b-8EEE-8DBBCD67687F
`
`x64-based systems: 59653007-E2E9-4f71-8525-2FF588527978
`
`“CPU architecture
`
`other things.
`For example, Detectoid IDs are used to identify CPU architecture and operation system locales, among
`
`Windows 10:
`
`implemented in the electronic device.
`in the electronic device includes identifiers for each of the components in a set of components currently
`In the Accused Products, information specifying at least one additional component currently implemented
`
`windows-server-2012-r2-update-april-2014
`require KB2919355. https://support.microsoft.com/en-us/help/2919355/windows-rt-8-1-windows-8-1-
`For example, KB2919355 requires Servicing Stack Update KB2919442 and notes that future updates will
`Updates to Windows 8.1 may require dependencies which must be installed prior to installing the updates.
`
`device.
`implemented in the electronic
`components currently
`components in a set of
`identifiers of each of the
`electronic device includes
`currently implemented in the
`one additional component
`the information specifying at least
`7. The method of claim 1 wherein
`
`Accused Products
`
`Claim
`
`Windows 8.1:
`
`INFRINGEMENT CONTENTIONS U.S. PAT. NO. 6,467,088 v. MICROSOFT WINDOWS UPDATES
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`Page 34 of 38
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`29
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`Windows 10:
`
`in the reconfiguration request.
`In the Accused Products, the identifiers of each of the components in the set of components are included
`
`.85%29
`https://docs.microsoft.com/en-us/previous-versions/windows/hardware/metadata/ff546121%28v=vs
`computer. Windows 8.1 uses HardwareIDList to identify the hardware supported by the de