UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MemoryWeb, LLC,
`
`Plaintiff,
`
`v.
`
`Defendant,
`
`Apple Inc.,
`
`Case No. 6:21-cv-00531-ADA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF MEMORYWEB, LLC’S INITIAL INFRINGEMENT CONTENTIONS
`
`Pursuant to the Case Readiness Status Report (Doc. 23), Plaintiff MemoryWeb, LLC
`
`(“MemoryWeb”) hereby submits the following initial infringement contentions with respect to
`
`Defendant Apple Inc.’s (“Apple”) infringement of U.S. Patent No. 9,552,376 (“the ‘376 patent”),
`
`U.S. Patent No. 10,423,658 (“the ‘658 patent”), U.S. Patent No. 10,621,228 (“the ‘228 patent”),
`
`and U.S. Patent No. 11,017,020 (“the ‘020 patent”) (collectively, “the Asserted Patents”).
`
`MemoryWeb’s investigation is ongoing and the contentions set forth herein are based on
`
`the information available to MemoryWeb as of the date of these contentions. MemoryWeb
`
`reserves the right to supplement or amend this disclosure after receiving discovery from Apple, or
`
`other third parties, particularly documents and other discovery regarding Apple’s accused products
`
`(e.g., source code) and as additional information becomes available.
`
`I.
`
`Identification of the Asserted Claims
`
`Apple has infringed and continues to infringe at least the following claims of the ‘376
`
`patent: claims 1-2. Apple has infringed and continues to infringe at least the following claims of
`
`the ‘658 patent: claims 1-5 and 7-15. Apple has infringed and continues to infringe at least the
`
`1
`
`Petitioner Apple Inc. - Ex. 1027, p. 1
`
`

`

`following claims of the ‘228 patent: claims 1-9, 12, 14-15, and 17-19. Apple has infringed and
`
`continues to infringe at least the following claims of the ‘020 patent: 1-23, 25-53, and 55-59.1
`
`MemoryWeb’s investigation is ongoing and discovery has not commenced. Accordingly, this
`
`identification of asserted claims is based on information available to MemoryWeb at this time.
`
`MemoryWeb reserves the right to add, delete, substitute, or otherwise amend this list of asserted
`
`claims should discovery, the Court’s claim construction, or other circumstances so merit.
`
`II.
`
`Identification of Priority Dates
`
`The priority date for claims 1-2 of the ‘376 patent, claims 1-5 and 7-15 of the ‘658 patent,
`
`and claims 1-9, 12, 14-15, and 17-19 of the ‘228 patent is February 28, 2014. The priority date
`
`for claims 1-23, 25-53, and 55-59 of the ‘020 patent is June 9, 2011. MemoryWeb reserves the
`
`right to update or amend this identification of priority dates should the Court’s claim construction
`
`or other circumstances so merit.
`
`III.
`
`Identification of Accused Products
`
`On information and belief, MemoryWeb identifies the following accused products: Apple
`
`has and continues to make, use, sell, offer for sale, and/or import products and services, including
`
`without limitation those marketed by Apple as: (1) iOS 14, iOS 13, iOS 12, iOS 11, and iOS 10
`
`(collectively, “the Apple iOS Software”); (2) macOS 11.0 (Big Sur), macOS10.15 (Catalina),
`
`macOS 10.14 (Mojave), and macOS 10.13 (High Sierra) (collectively, “the Apple macOS
`
`Software”); and (3) iPadOS 14, and iPadOS 13 (collectively, “the Apple iPadOS Software”).
`
`Apple publicly released iOS 15 on September 20, 2021.
`
`https://www.apple.com/newsroom/2021/09/ios-15-is-available-today/;
`
`1 Claims 10 and 27, and also claims 34-39 and 45-48 of the ‘020 patent are added relative to
`MemoryWeb’s September 24, 2021 Identification of Asserted Claims. The Patent Office recently
`issued a Certificate of Correction correcting the dependency of claim 34. The correction resulted
`in the assertion of the impacted claims identified herein.
`2
`
`Petitioner Apple Inc. - Ex. 1027, p. 2
`
`

`

`https://www.apple.com/ios/ios-15/. On information and belief, there are no material differences
`
`between the Photos application in iOS 15 and at least iOS 14 for purposes of infringement.
`
`MemoryWeb reserves the right to amend its identifications of asserted claims and accused
`
`products, as well as other information contained herein, based on its investigation of iOS 15.
`
`Apple publicly released iPadOS on September 20, 2021.
`
`https://www.apple.com/newsroom/2021/09/ipados-15-is-available-today/;
`
`https://www.apple.com/ipados/ipados-15/. On information and belief, there are no material
`
`differences between the Photos application in iPadOS 15 and at least iPadOS 14 for purposes of
`
`infringement. MemoryWeb reserves the right to amend its identifications of asserted claims and
`
`accused products, as well as other information contained herein, based on its investigation of
`
`iPadOS 15.
`
`On information and belief, at least the following Apple products include and/or use the
`
`Apple iOS Software described above or substantially similar versions: iPhone (including, but not
`
`limited to, the iPhone 12 Pro Max, iPhone 12 Pro, iPhone 12, iPhone 12 mini, iPhone SE, iPhone
`
`11 Pro Max, iPhone 11 Pro, iPhone 11, iPhone XS Max, iPhone XS, iPhone XR, iPhone X, iPhone
`
`8 Plus, iPhone 8, iPhone 7 Plus, and iPhone 7 models), iPad (including, but not limited to, the),
`
`and iPod Touch (including, but not limited to, the iPod Touch 7th Generation models), iPad
`
`(including, but not limited to, the iPad Air (3rd Generation), iPad Pro 12.9-inch (2nd Generation),
`
`iPad Pro 12.9-inch (3rd Generation), iPad Pro 10.5-inch (2nd Generation), iPad Pro 10.5-inch (3rd
`
`Generation), iPad Pro 11-inch (1st Generation) iPad (5th Generation), iPad (6th Generation), and
`
`iPad Mini (5th Generation) models), iPod Touch (including, but not limited to, the iPod Touch
`
`(6th Generation) and iPod Touch (7th Generation) models). On information and belief, additional
`
`3
`
`Petitioner Apple Inc. - Ex. 1027, p. 3
`
`

`

`Apple products are compatible with and use the Apple iOS Software, or substantially similar
`
`versions.
`
`On information and belief, at the least the following Apple products include and/or use the
`
`Apple macOS Software or substantially similar versions: MacBook Air (including, but not limited
`
`to, the MacBook Air (M1, 2020), MacBook Air (Retina, 2020), MacBook Air (Retina, 2019),
`
`MacBook Air (Retina, 2018), and MacBook Air (2017) models), MacBook Pro (including, but not
`
`limited to the MacBook Pro 16-inch (2019), MacBook Pro 15-inch (2019), MacBook Pro 15-inch
`
`(2018), MacBook Pro 15-inch (2017), MacBook Pro 15-inch (2016), MacBook Pro 13-in. (M1,
`
`2020), MacBook Pro 13-inch (2020, four ports), MacBook Pro 13-inch (2019, four ports),
`
`MacBook Pro 13-inch (2018, four ports), MacBook Pro 13-inch (2017, four ports), MacBook Pro
`
`13-inch (2016, four ports), MacBook Pro 13-in. (2020, two ports), MacBook Pro 13-in. (2019, two
`
`ports), MacBook Pro 13-inch (2017, two ports), MacBook Pro 13-inch (2016, two ports) models),
`
`iMac (including, but not limited to, the iMac 21.5-in. (Retina 4K), iMac 27-in. (Retina 5K), iMac
`
`Pro, Mac mini (M1, 2020), and Mac mini (2018) models), and Mac Pro. On information and
`
`belief, additional Apple products are compatible with and use the Apple macOS Software, or
`
`substantially similar versions.
`
`On information and belief, at the least the following Apple products include and/or use the
`
`Apple iPadOS Software or substantially similar versions: iPad (7th Generation), iPad (8th
`
`Generation), iPad Pro 12.9-inch (4th Generation), iPad Pro 11-inch (2nd Generation), and iPad Air
`
`(4th Generation). On information and belief, additional Apple products are compatible with and
`
`use the Apple iPadOS Software versions described above, or substantially similar versions
`
`The Apple iOS software, the Apple iPadOS software, the Apple macOS software, and the
`
`Apple products described above that include and/or use this software are collectively referred to
`
`4
`
`Petitioner Apple Inc. - Ex. 1027, p. 4
`
`

`

`herein as the “Accused Apple Products.” Unless otherwise specified, all references to the Accused
`
`Products refer to all versions of such products that were made, used, offered for sale, and/or sold
`
`in the United States, or imported into the United States, during the term of each of the Asserted
`
`Patents. MemoryWeb reserves the right to amend this identification of accused products, as well
`
`as other information contained herein, to incorporate new information as in becomes available
`
`under the course of discovery.
`
`IV.
`
`Claim Charts
`
`Claim charts identifying a location of each and every element of every asserted claim of
`
`the Asserted Patents in the Accused Apple Products are attached hereto as Exhibits A1-A3, B1-
`
`B3, C1-C3, and D1-D3. These claim chart illustrate Apple’s infringement using iOS 14, iPadOS
`
`14, and macOS 11. MemoryWeb contends that there are no material differences between the
`
`Photos application in iOS 14, iPadOS 14, and macOS 11 and other versions of the Apple iOS
`
`Software, the Apple iPadOS Software, the macOS 11 Software, respectively. MemoryWeb
`
`reserves the right to amend these charts, as well as other information contained in these disclosures
`
`and contentions, to incorporate new information learned during the course of discovery.
`
`MemoryWeb also reserves the right to amend its claim charts, as well as other information
`
`contained in these disclosures and contentions, upon the Court’s issuance of a claim construction
`
`order.
`
`V.
`
`Literal Infringement and Doctrine of Equivalents
`
`Under the proper construction of the asserted claims, the limitations of each asserted claim
`
`in the Asserted Patents are satisfied literally in the Accused Apple Products. However, to the
`
`extent that any claim limitation or element is found not be literally embodied or practiced by the
`
`Accused Apple Products, MemoryWeb contends that the Accused Apple Products embody or
`
`5
`
`Petitioner Apple Inc. - Ex. 1027, p. 5
`
`

`

`practice such claim limitations or elements under the doctrine of equivalents because there are no
`
`substantial differences, and the Accused Apple Products perform substantially the same function,
`
`in substantially the same way, to achieve substantially the same result.
`
`VI.
`
`Direct Infringement
`
`Apple (including Apple’s employees) and Apple’s customers (including end users of the
`
`products described above) using the Accused Apple Products have directly infringed, and continue
`
`to directly infringe, the Asserted Claims as set forth in the attached claim charts. This infringement
`
`has occurred, either literally or under the doctrine of equivalents, by making, using, selling, and/or
`
`offering for sale in the United States, and/or importing into the United States without authority,
`
`the Accused Apple Products.
`
`To the extent Apple contends that it or the Accused Apple Products do not perform each
`
`and every step of the Asserted Claims, Apple directs or controls the performance by others of each
`
`claim limitation that it does not perform itself, such that the performance of each claim limitation
`
`can be attributed to Apple.
`
`VII.
`
`Induced and Contributory Infringement
`
`Apple has induced and continues to induce infringement of the Asserted Claims literally
`
`or under the doctrine of equivalents by making, selling, offering to sell, and/or importing the
`
`Accused Products to or for its customers (including end users), and providing such customers
`
`(including end users) with instructions and training on how to use the Accused Products in a
`
`manner that directly infringes the claims, all while Apple has knowledge of the Asserted Patents
`
`and Asserted Claims, and knowledge that such use of the Accused Products would infringe the
`
`Asserted Claims. Apple acts with knowledge and specific intent to encourage and facilitate such
`
`infringing acts by its customers. Apple’s technical and marketing documentation for the Accused
`
`6
`
`Petitioner Apple Inc. - Ex. 1027, p. 6
`
`

`

`Apple Products provides specific instruction for using, and actively encourages its customers to
`
`use, the Accused Apple Products in an infringing manner. See, e.g., MW_Apple_003187;
`
`MW_Apple_003189; MW_Apple_003191; MW_Apple_003194; MW_Apple_003195;
`
`MW_Apple_003197; MW_Apple_003202; MW_Apple_003204; MW_Apple_003207;
`
`MW_Apple_003208; MW_Apple_003210.
`
`Apple has and continues to contributorily infringe the Asserted Claims by using, offering
`
`to sell, selling, or importing the Accused Products. The Accused Products in operation form a
`
`component of a machine, manufacture, combination, or composition, constituting a material part
`
`of the invention for each of the Asserted Patents. Apple knows that the Accused Products are
`
`especially made or adapted for use in an infringement of the Asserted Claims, and that the Accused
`
`Products are not a staple article or other system capable of substantial non-infringing use.
`
`Dated: September 24, 2021
`
`Respectfully submitted,
`
`/s/ Daniel J. Schwartz
`
`Arthur Gollwitzer III
` Texas Bar No. 24073336
`Jackson Walker LLP
`100 Congress Avenue, Suite 1100
`Austin, TX 78701
`Telephone: 512.236.2268
`Facsimile: 512.236.2002
`agollwitzer@jw.com
`
`Daniel J. Schwartz (pro hac vice)
`Zachary Sorman (pro hac vice)
`Angelo J. Christopher (pro hac vice)
`NIXON PEABODY LLP
`70 West Madison, Suite 3500
`Chicago, IL 60602-4224
`Tel: 312-977-4400
`djschwartz@nixonpeabody.com
`achristopher@nixonpeabody.com
`
`7
`
`Petitioner Apple Inc. - Ex. 1027, p. 7
`
`

`

`zsorman@nixonpeabody.com
`
`Attorneys for Plaintiff MemoryWeb, LLC
`
`8
`
`Petitioner Apple Inc. - Ex. 1027, p. 8
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit A.1
`Exhibit A.1
`
`
`
`Petitioner Apple Inc. - Ex. 1027, p. 9
`
`Petitioner Apple Inc. - Ex. 1027, p. 9
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`U.S. Patent No. 9,552,376 – Infringement Claim Chart
`
`The following chart identifies a location of each and every element of every asserted claim of U.S. Patent No. 9,552,376 (“the
`‘376 patent”) in Apple iOS (including the Photos and/or Files applications). The exemplary screenshots below were taken using an
`Apple iPhone 7 running iOS 14.7.1. While various views with one or more photographs are shown for exemplary purposes below, it
`should be understood that each view can include more or less photographs, and/or videos. Additionally, while one or more
`photographs or videos are shown at various locations for exemplary purposes, it should be understood that each location can include
`more or less associated photographs and/or videos.
`
`APPLE’S INFRINGEMENT
`
`To the extent the preamble is limiting, iOS performs a computer-implemented method of displaying digital
`files, as set forth below.
`
`iOS stores, on one or more non-transitory computer-readable storage media, a plurality of digital files.
`
`CLAIM
`ELEMENT
`1[pre] A
`computer-
`implemented
`method of
`displaying digital
`files, comprising:
`1[a] storing, on
`one or more non-
`transitory
`computer-readable
`storage media, a
`plurality of digital
`files:
`
`1
`
`Petitioner Apple Inc. - Ex. 1027, p. 10
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`Each of the digital files have, embedded therein, content data and metadata including tags. The content data
`includes a digital photograph or image or video. Exemplary content data (e.g., digital photograph, image, or
`video) is shown below.
`
`1[a][i] each of the
`digital files having
`embedded therein
`content data and
`metadata including
`tags, the content
`data including a
`digital photograph
`
`2
`
`Petitioner Apple Inc. - Ex. 1027, p. 11
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`or image or video,
`the metadata
`including a geotag
`indicative of
`geographic
`coordinates where
`the digital
`photograph or
`image or video
`was taken;
`
`The metadata includes a geotag indicative of geographic coordinates where the digital photograph or image or
`video was taken. For example, as shown below, exemplary metadata for one of the digital files is visible in
`iOS via the Files application. This metadata includes a geotag indicative of geographic coordinates where the
`digital photograph or image or video was taken.
`
`3
`
`Petitioner Apple Inc. - Ex. 1027, p. 12
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`Additionally, the iOS Photos application can export metadata (which includes location information) that is
`embedded in a given digital file.
`
`4
`
`Petitioner Apple Inc. - Ex. 1027, p. 13
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a map view on a video display device (e.g., an Apple iPhone).
`
`1[b] displaying a
`map view on a
`video display
`device, the
`displaying the map
`view including
`displaying:
`
`5
`
`Petitioner Apple Inc. - Ex. 1027, p. 14
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a representation of an interactive map. The map is interactive in that iOS can zoom in/out and/or
`move up, down, left, or right. The representation of the interactive map comprises a majority portion of a first
`screenshot of the video display device (e.g., Apple iPhone).
`
`1[b][i] (i) a
`representation of
`an interactive map,
`the representation
`of the interactive
`map comprising a
`majority portion of
`
`6
`
`Petitioner Apple Inc. - Ex. 1027, p. 15
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`a first screenshot
`of the video
`display device;
`
`1[b][ii] (ii) a first
`user selectable
`thumbnail image
`at a first location
`on the interactive
`map
`corresponding to
`the geographic
`coordinates of a
`first geotag, a first
`
`iOS displays a first user selectable thumbnail image at a first location on the interactive map corresponding to
`the geographic coordinates of a first geotag.
`
`7
`
`Petitioner Apple Inc. - Ex. 1027, p. 16
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`set of digital files
`including all of the
`digital files having
`the first geotag;
`
`iOS stores a first set of digital files includes all of the digital files having the first geotag. See also information
`for limitation 1[a].
`
`8
`
`Petitioner Apple Inc. - Ex. 1027, p. 17
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a first count value image partially overlapping or directly connected to the first user selectable
`thumbnail image. The first count value image includes a first number that corresponds to the number of digital
`photographs or images or videos in the first set of digital files.
`
`1[b][iii] (iii) a first
`count value image
`partially
`overlapping or
`directly connected
`to the first user
`selectable
`thumbnail image,
`the first count
`value image
`including a first
`
`9
`
`Petitioner Apple Inc. - Ex. 1027, p. 18
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`number that
`corresponds to the
`number of digital
`photographs or
`images or videos
`in the first set of
`digital files;
`
`1[b][iv] (iv) a
`second user
`selectable
`thumbnail image
`at a second
`location on the
`interactive map
`corresponding to
`the geographic
`coordinates of a
`second geotag, a
`second set of
`digital files
`including all of the
`digital files having
`
`iOS displays a second user selectable thumbnail image at a second location on the interactive map
`corresponding to the geographic coordinates of a second geotag.
`
`10
`
`Petitioner Apple Inc. - Ex. 1027, p. 19
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`the second geotag;
`and
`
`iOS stores a second set of digital files includes all of the digital files having the second geotag. See also
`information for limitation 1[a].
`
`11
`
`Petitioner Apple Inc. - Ex. 1027, p. 20
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a second count value image partially overlapping or directly connected to the second user
`selectable thumbnail image. The second count value image includes a second number that corresponds to the
`number of digital photographs or images or videos in the second set of digital files.
`
`1[b][v] (v) a
`second count value
`image partially
`overlapping or
`directly connected
`to the second user
`
`12
`
`Petitioner Apple Inc. - Ex. 1027, p. 21
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`selectable
`thumbnail image,
`the second count
`value image
`including a second
`number that
`corresponds to the
`number of digital
`photographs or
`images or videos
`in the second set
`of digital files;
`
`1[c] responsive to
`a click or tap of
`the first user
`selectable
`thumbnail image,
`displaying a first
`location view on
`the video display
`device, the first
`location view
`comprising a
`majority portion of
`a second
`screenshot of the
`video display
`device, the
`displaying the first
`location view
`
`Responsive to a click or tap of the first user selectable thumbnail image, iOS displays a first location view on
`the video display device. The first location view comprises a majority portion of a second screenshot of the
`video display device (e.g., Apple iPhone).
`
`13
`
`Petitioner Apple Inc. - Ex. 1027, p. 22
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`including
`displaying
`
`iOS displays a first location name corresponding to the first geotag.
`
`1[c][i] (i) a first
`location name
`corresponding to
`the first geotag,
`
`14
`
`Petitioner Apple Inc. - Ex. 1027, p. 23
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a scaled replica of each of the digital photographs or images or videos in the first set of digital
`files.
`
`1[c][ii] (ii) a
`scaled replica of
`each of the digital
`photographs or
`images or videos
`in the first set of
`digital files, and
`
`15
`
`Petitioner Apple Inc. - Ex. 1027, p. 24
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a first map image indicating the geographic coordinates of the first geotag.
`
`1[c][iii] (iii) a first
`map image
`indicating the
`geographic
`coordinates of the
`first geotag,
`
`16
`
`Petitioner Apple Inc. - Ex. 1027, p. 25
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`The displayed scaled replicas of each of the digital photographs or images or videos in the first set of digital
`files are not overlaid on the first map image.
`
`1[c][iv] the
`displayed scaled
`replicas of each of
`the digital
`photographs or
`images or videos
`in the first set of
`digital files not
`being overlaid on
`the first map
`image and
`
`17
`
`Petitioner Apple Inc. - Ex. 1027, p. 26
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`The second screenshot of the video display device does not include the interactive map.
`
`1[c][v] the second
`screenshot of the
`video display
`device not
`including the
`interactive map;
`and
`
`18
`
`Petitioner Apple Inc. - Ex. 1027, p. 27
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`Responsive to a click or tap of the second user selectable thumbnail image, iOS displays a second location
`view on the video display device. The second location view comprises a majority portion of a third screenshot
`of the video display device (e.g., Apple iPhone).
`
`1[d] responsive to
`a click or tap of
`the second user
`selectable
`thumbnail image,
`displaying a
`
`19
`
`Petitioner Apple Inc. - Ex. 1027, p. 28
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`second location
`view on the video
`display device, the
`second location
`view comprising a
`majority portion of
`a third screenshot
`of the video
`display device, the
`displaying the
`second location
`view including
`displaying
`
`1[d][i] (i) a second
`location name
`corresponding to
`the second geotag,
`
`iOS displays a second location name corresponding to the second geotag.
`
`20
`
`Petitioner Apple Inc. - Ex. 1027, p. 29
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a scaled replica of each of the digital photographs or images or videos in the second set of digital
`files.
`
`1[d][ii] (ii) a
`scaled replica of
`each of the digital
`photographs or
`images or videos
`in the second set
`of digital files, and
`
`21
`
`Petitioner Apple Inc. - Ex. 1027, p. 30
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`iOS displays a second map image indicating the geographic coordinates of the second geotag.
`
`1[d][iii] (iii) a
`second map image
`indicating the
`geographic
`coordinates of the
`second geotag,
`
`22
`
`Petitioner Apple Inc. - Ex. 1027, p. 31
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`The displayed scaled replicas of each of the digital photographs or images or videos in the second set of digital
`files are not overlaid on the second map image.
`
`1[d][iv] the
`displayed scaled
`replicas of each of
`the digital
`photographs or
`images or videos
`in the second set
`of digital files not
`being overlaid on
`the second map
`image and
`
`23
`
`Petitioner Apple Inc. - Ex. 1027, p. 32
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`The third screenshot of the video display device does not include the interactive map.
`
`1[d][v] the third
`screenshot of the
`video display
`device not
`including the
`interactive map.
`
`24
`
`Petitioner Apple Inc. - Ex. 1027, p. 33
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`2[pre] The
`computer-
`implemented
`method of claim 1,
`wherein
`2[a] the first user
`selectable
`thumbnail image
`includes a scaled
`
`See information for claim 1.
`
`The first user selectable thumbnail image includes a scaled representation of at least one of the digital images
`in the first set of digital files.
`
`25
`
`Petitioner Apple Inc. - Ex. 1027, p. 34
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`representation of
`at least one of the
`digital images in
`the first set of
`digital files, and
`
`2[b] wherein the
`second user
`selectable
`thumbnail image
`includes a scaled
`representation of
`at least one of the
`
`The second user selectable thumbnail image includes a scaled representation of at least one of the digital
`images in the second set of digital files.
`
`26
`
`Petitioner Apple Inc. - Ex. 1027, p. 35
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iOS
`
`digital images in
`the second set of
`digital files.
`
`27
`
`Petitioner Apple Inc. - Ex. 1027, p. 36
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit A.2
`Exhibit A.2
`
`
`
`Petitioner Apple Inc. - Ex. 1027, p. 37
`
`Petitioner Apple Inc. - Ex. 1027, p. 37
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`U.S. Patent No. 9,552,376 – Infringement Claim Chart
`
`The following chart identifies a location of each and every element of every asserted claim of U.S. Patent No. 9,552,376 (“the
`‘376 patent”) in Apple iPadOS (including the Photos and/or Files applications). The exemplary screenshots below were taken using an
`Apple iPad mini (5th Generation) running iPadOS 14.6 (“iPadOS 14”). While various views with one or more photographs are shown
`for exemplary purposes below, it should be understood that each view can include more or less photographs, and/or videos.
`Additionally, while one or more photographs or videos are shown at various locations for exemplary purposes, it should be understood
`that each location can include more or less associated photographs and/or videos.
`
`APPLE’S INFRINGEMENT
`
`To the extent the preamble is limiting, iPadOS performs a computer-implemented method of displaying digital
`files, as set forth below.
`
`iPadOS stores, on one or more non-transitory computer-readable storage media, a plurality of digital files.
`
`CLAIM
`ELEMENT
`1[pre] A
`computer-
`implemented
`method of
`displaying digital
`files, comprising:
`1[a] storing, on
`one or more non-
`transitory
`computer-readable
`storage media, a
`plurality of digital
`files:
`
`1
`
`Petitioner Apple Inc. - Ex. 1027, p. 38
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`Each of the digital files have, embedded therein, content data and metadata including tags. The content data
`includes a digital photograph or image or video. Exemplary content data (e.g., digital photograph, image, or
`video) is shown below.
`
`1[a][i] each of the
`digital files having
`embedded therein
`content data and
`metadata including
`tags, the content
`data including a
`digital photograph
`or image or video,
`the metadata
`
`2
`
`Petitioner Apple Inc. - Ex. 1027, p. 39
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`including a geotag
`indicative of
`geographic
`coordinates where
`the digital
`photograph or
`image or video
`was taken;
`
`The metadata includes a geotag indicative of geographic coordinates where the digital photograph or image or
`video was taken. For example, as shown below, exemplary metadata for one of the digital files is visible in
`iPadOS via the Files application. This metadata includes a geotag indicative of geographic coordinates where
`the digital photograph or image or video was taken.
`
`3
`
`Petitioner Apple Inc. - Ex. 1027, p. 40
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`Additionally, the iPadOS Photos application can export metadata (which includes location information) that is
`embedded in a given digital file.
`
`4
`
`Petitioner Apple Inc. - Ex. 1027, p. 41
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`iPadOS displays a map view on a video display device (e.g., an Apple iPad).
`
`1[b] displaying a
`map view on a
`video display
`device, the
`displaying the map
`view including
`displaying:
`
`5
`
`Petitioner Apple Inc. - Ex. 1027, p. 42
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`iPadOS displays a representation of an interactive map. The map is interactive in that iPadOS can zoom in/out
`and/or move up, down, left, or right. The representation of the interactive map comprises a majority portion of
`a first screenshot of the video display device (e.g., Apple iPad).
`
`1[b][i] (i) a
`representation of
`an interactive map,
`the representation
`of the interactive
`map comprising a
`majority portion of
`
`6
`
`Petitioner Apple Inc. - Ex. 1027, p. 43
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`a first screenshot
`of the video
`display device;
`
`1[b][ii] (ii) a first
`user selectable
`thumbnail image
`at a first location
`on the interactive
`map
`corresponding to
`the geographic
`
`iPadOS displays a first user selectable thumbnail image at a first location on the interactive map corresponding
`to the geographic coordinates of a first geotag.
`
`7
`
`Petitioner Apple Inc. - Ex. 1027, p. 44
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`coordinates of a
`first geotag, a first
`set of digital files
`including all of the
`digital files having
`the first geotag;
`
`iPadOS stores a first set of digital files includes all of the digital files having the first geotag. See also
`information for limitation 1[a].
`
`8
`
`Petitioner Apple Inc. - Ex. 1027, p. 45
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`iPadOS displays a first count value image partially overlapping or directly connected to the first user
`selectable thumbnail image. The first count value image includes a first number that corresponds to the
`number of digital photographs or images or videos in the first set of digital files.
`
`1[b][iii] (iii) a first
`count value image
`partially
`overlapping or
`directly connected
`to the first user
`selectable
`thumbnail image,
`the first count
`value image
`including a first
`number that
`corresponds to the
`number of digital
`photographs or
`images or videos
`
`9
`
`Petitioner Apple Inc. - Ex. 1027, p. 46
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`iPadOS displays a second user selectable thumbnail image at a second location on the interactive map
`corresponding to the geographic coordinates of a second geotag.
`
`in the first set of
`digital files;
`
`1[b][iv] (iv) a
`second user
`selectable
`thumbnail image
`at a second
`location on the
`interactive map
`corresponding to
`the geographic
`coordinates of a
`second geotag, a
`second set of
`digital files
`including all of the
`digital files having
`the second geotag;
`and
`
`10
`
`Petitioner Apple Inc. - Ex. 1027, p. 47
`
`

`

`Initial Infringement Contentions – U.S. Patent No. 9,552,376 – Apple iPadOS
`
`iPadOS stores a second set of digital files includes all of the digital files hav