Case 6:21-cv-01101-ADA Document 63 Filed 09/30/22 Page 1 of 10
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`AIRE TECHNOLOGY LTD.,
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`Plaintiff,
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`Case No. 6:21-cv-01101-ADA
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`JURY TRIAL DEMANDED
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`v.
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`APPLE INC.,
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`Defendant.
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`PLAINTIFF AIRE TECHNOLOGY LTD.’S MOTION TO
`AMEND PRELIMINARY INFRINGEMENT CONTENTIONS
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`Ex.1025 / IPR2022-01137 / Page 1 of 103
`Apple Inc. v. Aire Technology Limited
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`Case 6:21-cv-01101-ADA Document 63 Filed 09/30/22 Page 2 of 10
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`TABLE OF CONTENTS
`INTRODUCTION ............................................................................................................... 1
`LEGAL STANDARDS ....................................................................................................... 2
`ARGUMENT ....................................................................................................................... 3
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`Aire diligently sought amendment. ......................................................................... 3
`A.
`Importrance of adding claim 13 of the ’249 Patent. ................................................ 4
`B.
`There is no prejudice to Apple and any prejudice may be cured. ........................... 4
`C.
`CONCLUSION ................................................................................................................... 6
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`I.
`II.
`III.
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`IV.
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`i
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`
`
`Cases
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`TABLE OF AUTHORITIES
`
`
`Garmin S & W Enters., L.L.C. v. Southtrust Bank of Alabama,
`315 F.3d 533, 535 (5th Cir. 2003) ............................................................................................... 2
`
`Georgetown Rail Equip. Co. v. Holland L,
`No. 6:13-CV-366-JDL, 2014 WL 12703781, at *2 (E.D. Tex. Oct. 7, 2014) ............................. 2
`
`GREE, Inc. v. Supercell Oy,
`No. 2:19-CV-00311-JRG-RSP, 2020 WL 7698831, at *3 (E.D. Tex. Dec. 28, 2020) ............... 4
`
`Kinetic Concepts, Inc. v. BlueSky Med. Corp.,
` No. SA-08-CV-102-RF, 2009 WL 10664413, at *1 (W.D. Tex. Dec. 21, 2009). ..................... 2
`
`Nidec Corp. v. LG Innotek Co.,
`No. 6:07-CV-108-LED-JDL, 2009 WL 3673253, at *2 (E.D. Tex. Sept. 2, 2009) .................... 5
`
`TiVo, Inc. v. Verizon Commc’ns, Inc,
` No. 2:09-CV-257-JRG, 2012 WL 2036313, at *2 (E.D. Tex. June 6, 2012) ....................... 3,4,5
`
`
`
`
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`ii
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`I.
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`
`INTRODUCTION
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`Plaintiff Aire Technology Ltd. (“Aire”) respectfully moves the Court for leave to amend
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`its preliminary infringement contentions (“PICs”) to add claim 13 of U.S. Patent No. 8,205,249
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`(“the ’249 Patent”). The ’249 Patent claims inventions concerning the ability for the exchange of
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`information between a “portable data carrier” (such as a chip card or mobile device) and a payment
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`“terminal” about the type of user authentication (i.e., passcode or biometric) utilized by a customer
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`to engage in a secure electronic transaction. Aire’s original PICs allege that a variety of Apple
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`iPhones that utilize near filed communication (NFC) technology and Apple Pay to engage in a
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`secure electronic transaction at a payment terminal infringe the claims of the ’249 Patent. The
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`asserted claims (with the exception of claim 13) are directed to a “portable data carrier” (i.e., the
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`iPhone used to authenticate a customer and make a purchase). In contrast, the new claim 13 Aire
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`seeks to add to its contentions is directed to a “terminal.”
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`During Summer 2022, Apple rolled out its new “Tap to Pay” feature only to certain retailers
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`and merchants, which allows a retailer to now use their Apple iPhone as a payment terminal in
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`the same way as a traditional credit card payment terminal. Hollander Decl. ¶ 2. After learning
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`that Apple’s Tap to Pay feature was now being employed by retailers and merchants, Aire promptly
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`investigated the operation of the feature and its use in real-world transactions to ensure that the
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`feature worked in the manner that Apple advertised. Id. ¶ 3. Immediately thereafter, Aire drafted
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`a claim chart mapping claim 13 of the ’249 Patent and shared that chart with Apple. Id. ¶ 4; Ex. 1
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`(’249 Patent claim 13 claim chart). Once Apple indicated that it opposed adding claim 13 to the
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`case, Aire promptly filed the instant motion. Id. ¶ 5; Ex. 2 (emails between D. Hollander and A.
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`Radsch). As such, Aire was diligent in seeking amendment.
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`1
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`Further, there is no prejudice to Apple by adding claim 13 of the ’249 Patent to the case at
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`this juncture. First, the scope of the accused products is not changed by the addition of claim 13—
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`the accused products are still Apple iPhones, which were already accused of infringement. Ex. 2
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`(D. Hollander Sept. 27, 2022 email). Second, per the Court’s amended Scheduling Order, the close
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`of fact discovery is on March 7, 2023, and the Markman hearing is set for May 16, 2023. Dkt. No.
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`61. To that end, there is more than sufficient time to address any new discovery that may be
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`necessary. Additionally, while Aire does not believe the addition of claim 13 introduces any new
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`claim construction issues, Apple has ample time to brief any additional terms for construction well
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`in advance of the May 16, 2023 Markman date. Accordingly, because amending Aire’s PICs will
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`not prejudice Apple, the Court should grant Aire’s Motion to assert this single additional claim.
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`II.
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`LEGAL STANDARD
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`A party must demonstrate good cause for a Court to grant leave to amend infringement or
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`invalidity contentions. See Kinetic Concepts, Inc. v. BlueSky Med. Corp., No. SA-08-CV-102-RF,
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`2009 WL 10664413, at *1 (W.D. Tex. Dec. 21, 2009). “The good cause standard requires the
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`movant to show that, ‘despite its exercise of diligence, it cannot reasonably meet the scheduling
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`deadlines.’” Georgetown Rail Equip. Co. v. Holland L.P., No. 6:13-CV-366-JDL, 2014 WL
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`12703781, at *2 (E.D. Tex. Oct. 7, 2014) (quoting Garmin S & W Enters., L.L.C. v. Southtrust
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`Bank of Alabama, 315 F.3d 533, 535 (5th Cir. 2003)). “The following factors are used to determine
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`whether to allow a party to supplement infringement contentions: (1) the reason for the delay and
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`whether the party has been diligent; (2) the importance of what the court is excluding and the
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`availability of lesser sanctions; (3) potential prejudice in allowing the amendment; and (4) the
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`availability of a continuance to cure such prejudice.” Id.
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`2
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`III.
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`ARGUMENT
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`All four factors for evaluating good cause weigh in favor of granting Aire’s motion.
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`A. Aire diligently sought amendment
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`Aire has been diligent in seeking to amend its PICs to add claim 13 of the ’249 Patent. The
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`originally asserted claims of the ’249 Patent are directed to a “portable data carrier” (such as a chip
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`card or mobile device), and Aire alleged that Apple’s iPhones are infringing “portable data
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`carriers.” Ex. 3 (’249 Patent PIC Chart). In contrast, Apple’s new “Tap to Pay” feature allows a
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`merchant to utilize an iPhone as a traditional payment “terminal” (such as a credit card reader) and
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`claim 13 is directed to a “terminal.” Ex. 1. Aire’s PICs were served on January 20, 2022, before
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`Apple’s Tap to Pay feature was released—meaning, Aire could not have included claim 13 in its
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`PICs.
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`Although Apple first announced the introduction of its “Tap to Pay” feature sometime in
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`February 2022, the feature was not rolled out to limited retailers and merchants until Summer
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`2022.1 Hollander Decl. ¶ 2; see also TiVo, Inc. v. Verizon Commc’ns, Inc., No. 2:09-CV-257-
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`JRG, 2012 WL 2036313, at *2 (E.D. Tex. June 6, 2012) (“Although Verizon identified the product
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`as being sold sometime in the future in May 2010, Tivo did not learn of the sale until January
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`2011….”) (emphasis added). To that end, Aire was unable to investigate the real-world use of
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`Apple’s Tap to Pay feature until late Summer 2022—and even then, its availability for inspection
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`was difficult given how limited the roll out has been. Hollander Decl. ¶¶ 2, 3. As soon as the
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`feature was available for investigation, Aire promptly examined the details its operation and its
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`use in the marketplace to confirm that the Tap to Pay feature infringes claim 13. Id. Immediately
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`1 Indeed, Square has only integrated the feature into its payment application as of September 28,
`2022. Hollander Decl. ¶ 2.
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`3
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`thereafter on September 8, 2022, Aire sent Apple an exemplary claim chart mapping Apple’s Tap
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`to Pay feature to claim 13 of the ’249 Patent and asked whether Apple opposed the instant motion.
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`Id. ¶ 4; Ex. 1. Despite the parties’ best efforts to avoid burdening the Court with motion practice,
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`Apple indicated on September 28 that it opposed Aire’s supplement and Aire promptly filed the
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`instant motion. Id. ¶ 5, Ex. 2; see also Tivo, Inc., 2012 WL 2036313, at *2 (“Tivo diligently
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`attempted to join the Cisco product to the suit upon agreement. When no agreement could be
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`reached, Tivo filed the instant motion.”). Based on the forgoing, Aire was diligent in seeking to
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`amend its PICs to add claim 13 of the ’249 Patent.
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`B.
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`Importance of adding claim 13 of the ’249 Patent
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`The inclusion of claim 13 of the ’249 Patent is necessary to ensure the dispute between the
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`parties is fully resolved. See TiVo, Inc., 2012 WL 2036313, at *2 (“Without inclusion, the entire
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`dispute between the parties will not be adjudicated….”). To that end, if claim 13 is not included,
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`Aire would be required to file a separate lawsuit which is a waste of both the parties’ and the
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`Court’s resources. Id. (explaining that “a subsequent lawsuit may be necessary” without
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`permitting amendment). Ultimately, “[c]onsiderations of judicial economy weigh heavily in favor
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`of allowing [Aire]’s amendment.” Id.; see also GREE, Inc. v. Supercell Oy, No. 2:19-CV-00311-
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`JRG-RSP, 2020 WL 7698831, at *3 (E.D. Tex. Dec. 28, 2020) (“For the sake of judicial economy,
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`it would be very advantageous to include the amended infringement contentions to avoid another
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`suit.”).
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`C. There is no prejudice to Apple and any prejudice may be cured
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`Apple is not prejudiced by the inclusion of claim 13 of the ’249 Patent. First, the addition
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`of claim 13 does not involve any new accused products—the same iPhones accused of infringing
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`the other claims of the ’249 Patent are the same products accused of infringing claim 13. Ex. 2
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`4
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`(D. Hollander Sept. 27, 2022 email). Further, pursuant to the Court’s amended Scheduling Order,
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`fact discovery is not set to close until March 7, 2023. Dkt. No. 61. The remaining five months of
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`fact discovery is more than sufficient time for Apple to prepare any defenses specific to the
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`allegations concerning claim 13. See, e.g., TiVo, Inc., 2012 WL 2036313, at *2 (“Because fact
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`discovery has yet to close and the parties have engaged in extensive discovery already related to
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`the Cisco DVR, the Court finds there is no real prejudice to Verizon in allowing an amendment to
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`Tivo’s infringement contentions.”); Nidec Corp. v. LG Innotek Co., No. 6:07-CV-108-LED-JDL,
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`2009 WL 3673253, at *2 (E.D. Tex. Sept. 2, 2009) (“The Markman hearing in this case is
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`scheduled in October and trial in May 2010. The parties will have ample time to adjust their
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`strategies and prepare for these deadlines.”). Additionally, Aire has already indicated to Apple
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`that it would not oppose an extension of the final invalidity contentions deadline to provide ample
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`time for Apple to prepare its invalidity contentions for claim 13 of the ’249 Patent. Hollander
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`Decl. ¶ 6. As such, Apple is not prejudiced by the addition of claim 13 to the case.
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`Apple may argue that the addition of claim 13 of the ’249 Patent introduces new claim
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`construction issues. But the Markman hearing has been postponed until May 16, 2023. Dkt. No.
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`61. Thus, to the extent Apple insists that claim 13 contains any unique terms not found in the
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`claims already asserted (and briefed), Aire has already indicated to Apple that it does not object to
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`briefing additional terms for construction prior to the Court’s May 16 Markman hearing.
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`Hollander Decl. ¶ 6. Accordingly, Apple will not suffer any prejudice through the claim
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`construction process through the addition of claim 13.
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`Finally, there is no need for a continuance because Apple is not prejudiced by the addition
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`of claim 13. See, e.g., Tivo, 2012 WL 2036313, at *2 (“Because the Court finds that Verizon will
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`not be prejudiced by the amendment, the Court need not address the availability of a continuance
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`5
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`to cure prejudice.”). Additionally and alternatively, the Court’s recent amended Scheduling Order
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`obviates the need to evaluate whether a continuance would cure any supposed prejudice to Apple—
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`there is ample time left in the schedule before the close of fact discovery and the Markman Hearing.
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`And, Aire is already agreeable to a reasonable extension of Apple’s final invalidity contentions
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`deadline to account for the addition of claim 13. Because any supposed prejudice can be cured
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`during the course of the current amended Scheduling Order, Aire’s motion should be granted.
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`IV. CONCLUSION
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`For the foregoing reasons, Aire respectfully requests that the Court grant Aire’s Motion to
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`Amend its Preliminary Infringement Contentions to add claim 13 of the ’249 Patent.
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`Dated: September 30, 2022
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`Respectfully submitted,
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`By: /s/ Brett E. Cooper
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`
`Brett E. Cooper (NY SBN 4011011)
`bcooper@bc-lawgroup.com
`Seth Hasenour (TX SBN 24059910)
`shasenour@bc-lawgroup.com
`Drew B. Hollander (NY SBN 5378096)
`dhollander@bc-lawgroup.com
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`BC LAW GROUP, P.C.
`200 Madison Avenue, 24th Floor
`New York, NY 10016
`Tel.: (212) 951-0100
`Fax: (646) 293-2201
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`Attorneys for Plaintiff Aire Technology
`Limited
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`CERTIFICATE OF SERVICE
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`I certify that this document is being served upon counsel of record for Defendant on
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`September 30, 2022 via electronic service.
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`/s/ Brett E. Cooper
`Brett E. Cooper
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`Case 6:21-cv-01101-ADA Document 63-1 Filed 09/30/22 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
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`AIRE TECHNOLOGY LTD.,
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`Plaintiff,
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`Case No. 6:21-cv-01101-ADA
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`JURY TRIAL DEMANDED
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`v.
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`APPLE INC.,
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`Defendant.
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`DECLARATION OF DREW B. HOLLANDER
`IN SUPPORT OF PLAINTIFF AIRE TECHNOLOGY LTD.’S
`MOTION TO AMEND INFRINGEMENT CONTENTIONS
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`Case 6:21-cv-01101-ADA Document 63-1 Filed 09/30/22 Page 2 of 4
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`I, Drew B. Hollander, hereby declare under the penalty of perjury as follows:
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`1.
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`I am an attorney at B.C. Law Group, P.C., counsel of record for Aire Technology
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`Ltd. (“Aire”). I am one of the attorneys responsible for representing Aire in this matter. I have
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`personal knowledge of all facts stated in this declaration and if called as a witness, could and would
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`competently testify to these facts. I respectfully submit this declaration in support of Aire’s Motion
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`to Amend Preliminary Infringement Contentions.
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`2.
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`During Summer 2022, Apple made its new “Tap to Pay” feature available to certain
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`retailers and merchants, which allows a retailer or merchant to use an Apple iPhone as a payment
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`terminal in the same way as a traditional credit card payment terminal. See, e.g.,
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`https://www.nfcw.com/2022/06/06/377358/square-to-let-merchants-begin-testing-contactless-
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`payment-acceptance-on-iphone-with-apples-tap-to-pay/;
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`https://www.nfcw.com/2022/07/14/377977/us-merchants-begin-accepting-in-store-contactless-
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`payments-on-apple-iphones/. Indeed, Square has only integrated the feature into its payment
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`application as September 28, 2022. See https://9to5mac.com/2022/09/28/tap-to-pay-on-iphone-
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`square/.
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`3.
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`After learning that Apple’s Tap to Pay feature was beginning to be employed by
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`select retailers and merchants in Summer 2022, Aire promptly investigated the operation of the
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`feature and its use in real-world transactions to ensure that the feature worked in the manner that
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`Apple advertised (i.e., that the feature infringed claim 13). This was the first time Aire was able
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`to investigate the real-world use of Apple’s Tap to Pay feature.
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`4.
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`Immediately thereafter, Aire drafted a claim chart mapping claim 13 of the ’249
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`Patent and shared that chart with Apple on September 8, 2022. Attached hereto as Exhibit 1 is a
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`true and correct copy of the claim 13 claim chart sent to Apple on September 8, 2022.
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`5.
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`On September 8, 2022, Aire also asked whether Apple opposed Aire’s forthcoming
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`motion to amend its preliminary infringement contentions to add claim 13 of the ’249 Patent.
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`Despite the parties’ best efforts to avoid burdening the Court with motion practice, Apple indicated
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`on September 28 that it opposed Aire’s supplement and Aire promptly filed the instant motion.
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`Attached hereto as Exhibit 2 is a true and correct copy of the September 8 and 28, 2022 emails
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`(and intervening emails) between D. Hollander (counsel for Aire) and A. Radsch (counsel for
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`Apple).
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`6.
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`During the parties September 23, 2022 meet and confer, Aire indicated to Apple
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`that it would not oppose an extension of the final invalidity contentions deadline to provide time
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`for Apple to prepare its invalidity contentions for claim 13 of the ’249 Patent. On the same meet
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`and confer, Aire explained to Apple that it would not object to briefing additional terms not found
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`in the claims already asserted (and briefed) prior to the Court’s May 16 Markman hearing.
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`7.
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`Attached hereto as Exhibit 3 is a true and correct copy of exhibit B (’249 Patent
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`claim chart) of Aire’s January 20, 2022 preliminary infringement contentions.
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`Executed on this 30th day of September, 2022 in New York, NY.
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`/s/ Drew B. Hollander
`Drew B. Hollander
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`CERTIFICATE OF SERVICE
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`I certify that this document is being served upon counsel of record for Defendant on
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`September 30, 2022 via electronic service.
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`/s/ Brett E. Cooper
`Brett E. Cooper
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`Exhibit 1
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`1
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`See, e.g.:
`(e.g., another iPhone).
`exemplary Apple iPhone 13 operates as a terminal for use in connection with a portable data carrier
`For example, the exemplary Apple iPhone 13 supports Tap to Pay. When utilizing Tap to Pay, the
`connection with a portable data carrier.
`To the extent the preamble is limiting, each Accused Product includes a terminal for use in
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`Exemplary Evidence of Infringement
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`including
`data carrier, said terminal
`connection with a portable
`[13pre] A terminal for use in
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`Claim 13
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`Claim 13
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`Apple products, including without limitation the Apple iPhone XS, XS Max, 11, 11 Pro, 11 Pro Max, 12, 12 mini, 12 Pro, 12
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`Accused Products
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`Pro Max, 13, 13 mini, 13 Pro, and 13 Pro Max (“Accused Products”), infringe at least Claim 13 of the ’249 Patent.
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`U.S. Patent No. 8,205,249 (“’249 Patent”)
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`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 2 of 19
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`2
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`See https://developer.apple.com/tap-to-pay/.
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`Exemplary Evidence of Infringement
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`Claim 13
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`3
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`See https://developer.apple.com/tap-to-pay/.
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`Exemplary Evidence of Infringement
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`Claim 13
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`4
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`See, e.g.:
`from a security perspective.
`from a security perspective. In contrast, a passcode provides an inherently relatively lower quality
`example, authentication using Face ID or Touch ID provides an inherently relatively higher quality
`which utilize different authentication methods that vary in quality from a security perspective. For
`perspective. The exemplary iPhone 13 also supports payment applications, such as Apple Pay,
`to select one of at least two different authentication methods that vary in quality from a security
`For example, the exemplary Apple iPhone 13 supports Tap to Pay, which is arranged to cause a user
`authentication methods.
`arranged to perform a user authentication using one of the at least two possible different quality
`least two possible different quality authentication methods, wherein the portable data carrier is
`In each Accused Product, the terminal includes a device arranged to cause a user to select one of at
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`authentication methods and
`possible different quality
`using one of the at least two
`perform a user authentication
`data carrier is arranged to
`methods, wherein the portable
`quality authentication
`least two possible different
`cause a user to select one of at
`[13a] a device arranged to
`
`https://developer.apple.com/design/human-interface-guidelines/technologies/tap-to-pay-on-
`
`iphone.
`See
`
`
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 5 of 19
`
`Ex.1025 / IPR2022-01137 / Page 19 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`5
`
`
`
`
`
`See https://developer.apple.com/tap-to-pay/.
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 6 of 19
`
`Ex.1025 / IPR2022-01137 / Page 20 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`6
`
`
`
`
`
`See https://developer.apple.com/tap-to-pay/.
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 7 of 19
`
`Ex.1025 / IPR2022-01137 / Page 21 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`7
`
`
`
`https://developer.apple.com/design/human-interface-guidelines/technologies/tap-to-pay-on-
`
`iphone.
`See
`
`
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 8 of 19
`
`Ex.1025 / IPR2022-01137 / Page 22 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`8
`
`
`
`See, e.g.:
`Product).
`applications, such as Apple Pay, which confirm the authentication to a terminal (the Accused
`For example, the exemplary Apple iPhone 13 (portable data carrier) supports mobile payment
`terminal.
`In each Accused Product, the portable data carrier is arranged to confirm the authentication to the
`
`and
`authentication to the terminal,
`[13b] to confirm the
`
`See https://support.apple.com/en-us/HT203027.
`
`
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 9 of 19
`
`Ex.1025 / IPR2022-01137 / Page 23 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`9
`
`
`
`seccb53a35f0/web.
`See https://support.apple.com/guide/security/secure-element-and-nfc-controller-
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 10 of 19
`
`Ex.1025 / IPR2022-01137 / Page 24 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`10
`
`
`
`
`
`See https://support.apple.com/en-us/HT201239.
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 11 of 19
`
`Ex.1025 / IPR2022-01137 / Page 25 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`11
`
`perspective.
`inherently relatively lower quality and an inherently relatively higher quality from a security
`establishing operation, the difference in quality of said authentication methods varies between an
`authentication method used and to attach such quality information to the result of a security
`In each Accused Product, the data carrier is arranged to create quality information about the
`
`secfbd5c0e54/1/web/1.
`See https://support.apple.com/guide/security/paying-with-cards-using-apple-pay-
`
`
`
`
`
`
`
`security establishing operation,
`information to the result of a
`and to attach such quality
`authentication method used
`information about the
`arranged to create quality
`[13c] the data carrier is
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 12 of 19
`
`Ex.1025 / IPR2022-01137 / Page 26 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`12
`
`
`
`
`
`
`
`See, e.g.:
`used and attach that information to the result of a security establishing operation.
`applications, such as Apple Pay, which create quality information about the authentication method
`For example, the exemplary Apple iPhone 13 (portable data carrier) supports mobile payment
`
`Exemplary Evidence of Infringement
`
`perspective.
`quality from a security
`inherently relatively higher
`relatively lower quality and an
`between an inherently
`authentication methods varies
`the difference in quality of said
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 13 of 19
`
`Ex.1025 / IPR2022-01137 / Page 27 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`13
`
`
`
`See, e.g.:
`result of the security establishing operation.
`applications, such as Apple Pay, which support CDCVM and attach CDCVM information to the
`For example, the exemplary Apple iPhone 13 (portable data carrier) supports mobile payment
`
`secfbd5c0e54/1/web/1.
`See https://support.apple.com/guide/security/paying-with-cards-using-apple-pay-
`
`
`
`
`
`secc1f57e189/1/web/1.
`See https://support.apple.com/guide/security/payment-authorization-with-apple-pay-
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 14 of 19
`
`Ex.1025 / IPR2022-01137 / Page 28 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`14
`
`
`
`See https://web.archive.org/web/20201108133245/https:/support.apple.com/en-us/HT202527.
`
`
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 15 of 19
`
`Ex.1025 / IPR2022-01137 / Page 29 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`15
`
`
`
`See https://practical_emv.gitlab.io/assets/practical_emv_rp.pdf.
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 16 of 19
`
`Ex.1025 / IPR2022-01137 / Page 30 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`16
`
`
`
`See, e.g.:
`inherently relatively lower quality from a security perspective.
`inherently relatively higher quality from a security perspective. In contrast, a passcode provides an
`from a security perspective. For example, authentication using Face ID or Touch ID provides an
`applications, such as Apple Pay, which utilize different authentication methods that vary in quality
`For example, the exemplary Apple iPhone 13 (portable data carrier) supports mobile payment
`See https://practical_emv.gitlab.io/assets/practical_emv_rp.pdf.
`
`
`
`
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 17 of 19
`
`Ex.1025 / IPR2022-01137 / Page 31 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`17
`
`
`
`
`
`See https://support.apple.com/en-us/HT203027.
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 18 of 19
`
`Ex.1025 / IPR2022-01137 / Page 32 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`18
`
`
`
`
`
`See https://technologypartner.visa.com/Download.aspx?id=573.
`
`
`
`Exemplary Evidence of Infringement
`
`Claim 13
`
`Case 6:21-cv-01101-ADA Document 63-2 Filed 09/30/22 Page 19 of 19
`
`Ex.1025 / IPR2022-01137 / Page 33 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`Case 6:21-cv-01101-ADA Document 63-3 Filed 09/30/22 Page 1 of 57
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 2
`
`Ex.1025 / IPR2022-01137 / Page 34 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`Case 6:21-cv-01101-ADA Document 63-3 Filed 09/30/22 Page 2 of 57
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`EXHIBIT B
`
`Ex.1025 / IPR2022-01137 / Page 35 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`1
`
`
`
`See, e.g.:
`not require the user to authenticate using Face ID, Touch ID, or a passcode.
`the user to authenticate using Face ID, Touch ID, or a passcode. In contrast, Express Mode does
`Pay, which utilize different quality user authentication methods. For example, Apple Pay requires
`For example, the exemplary Apple iPhone 13 supports mobile payment applications, such as Apple
`operation within the electronic transaction.
`of authentication to the terminal, and the portable data carrier then performs a security-establishing
`using one of said different user authentication methods, the portable data carrier confirms the proof
`quality user authentication methods, wherein the portable data carrier performs a user authentication
`secure electronic transaction on a terminal using a portable data carrier arranged to perform different
`To the extent the preamble is limiting, each Accused Product performs a method for effecting a
`
`Exemplary Evidence of Infringement
`
`steps of
`transaction, comprising the
`within the electronic
`security-establishing operation
`data carrier then performs a
`the terminal, and the portable
`the proof of authentication to
`portable data carrier confirms
`authentication methods, the
`said different user
`authentication using one of
`carrier performs a user
`wherein the portable data
`authentication methods,
`perform different quality user
`data carrier arranged to
`on a terminal using a portable
`a secure electronic transaction
`[1pre] A method for effecting
`
`Claim 1
`
`Claim 1
`
`Products”), infringe at least Claims 1-12 of the ’249 Patent.
`8, 8 Plus, X, XR, XS, XS Max, 11, 11 Pro, 11 Pro Max, 12, 12 mini, 12 Pro, 12 Pro Max, 13, 13 mini, 13 Pro, and 13 Pro Max (“Accused
`Apple products, including without limitation the Apple iPhone 6, 6 Plus, 6S, 6S Plus, SE (first and second generation), 7, 7 Plus,
`
`Accused Products
`
`U.S. Patent No. 8,205,249 (“’249 Patent”)
`
`Case 6:21-cv-01101-ADA Document 63-3 Filed 09/30/22 Page 3 of 57
`
`Ex.1025 / IPR2022-01137 / Page 36 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`2
`
`
`
`
`
`See https://support.apple.com/en-us/HT204506.
`
`Exemplary Evidence of Infringement
`
`Claim 1
`
`Case 6:21-cv-01101-ADA Document 63-3 Filed 09/30/22 Page 4 of 57
`
`Ex.1025 / IPR2022-01137 / Page 37 of 103
`Apple Inc. v. Aire Technology Limited
`
`

`

`3
`
`
`
`
`
`See https://support.apple.com/en-us/HT203027.
`
`Exemplary Evidence of Infringement
`
`Claim 1
`
`Case 6:21-cv-01101-ADA Document 63-3 Filed 09/30/22 Page 5 of 57
`
`Ex.1025 /