IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`HAPTIC, INC.,
`
`
`v.
`
`APPLE INC.,
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`CIVIL ACTION NO. 1:23-CV-1351-DII
`
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`Plaintiff’s Preliminary Infringement Contentions
`
`Pursuant to the Joint Federal Rule of Civil Procedure 26 Report (Dkt. 40), Plaintiff Haptic,
`
`
`
`
`
`Inc. (hereinafter “Haptic”) hereby serves its Preliminary Infringement Contentions and disclosure
`
`of priority date to Defendant Apple Inc. (hereinafter “Apple”). Haptic expressly reserves all
`
`objections relative to their use, for any purpose, and does not waive any applicable privileges with
`
`respect to the information disclosed herein or accompanying document productions.
`
`
`
`Haptic makes this disclosure to the best of its present ability and without the benefit of
`
`discovery. Haptic’s investigation is ongoing, and this disclosure is based on information
`
`reasonably available to Haptic as of this date. Haptic reserves the right to supplement or amend
`
`these disclosures, its contentions in this case, and its document productions pursuant to these
`
`disclosures consistent with the Federal Rules of Civil Procedure, Local Rules, and Court Orders.
`
`By making these disclosures, Haptic does not waive any applicable privilege, work product, or
`
`other protection, and reserves the right to object to the production or admissibility of any
`
`information provided herein.
`
`I.
`
`PRELIMINARY INFRINGEMENT CONTENTIONS
`
`The preliminary infringement contentions set forth herein, including without limitation the
`
`claim charts attached hereto as Exhibits A and B, which are fully incorporated by reference herein,
`
`12240699v1/017381
`
`APPLE 1101
`
`1
`
`

`

`identify, based on publicly available information, and upon information and belief, where in the
`
`iPhone 8, 8 Plus, X, XS, XS Max, XR, 11, 11 Pro, 11 Pro Max, SE, SE2, SE3, 12, 12 Mini, 12
`
`Pro, 12 Pro Max, 13, 13 Mini, 13 Pro, 13 Pro Max, 14, 14 Plus, 14 Pro, 14 Pro Max, 15, 15 Plus,
`
`15 Pro, and 15 Pro Max models (“Accused Products”) each element of claims 1, 2, 4, 5, and 9
`
`(“Asserted Claims”) of U.S. Patent No. 9,996,738 (“’738 Patent” or “Asserted Patent”) are found
`
`within the Accused Products.
`
`The documents, identification of Accused Products, and other evidence cited in these charts
`
`are exemplary, and not intended to be exhaustive. Haptic’s identifications in these preliminary
`
`infringement contentions, including without limitation, its identifications of exemplary Asserted
`
`Claims, Accused Products, and the infringing features in the exemplary Accused Products, and/or
`
`the theories of infringement, are based upon information known to Haptic at the time of these
`
`preliminary infringement contentions. Haptic reserves the right to supplement and/or amend these
`
`preliminary infringement contentions based on information not known to Haptic at the time of
`
`service of its preliminary infringement contentions and/or that is otherwise later discovered by
`
`Haptic after service of its preliminary infringement contentions, including without limitation,
`
`supplementation and/or amendment of Haptic’s contentions to identify, refine, modify, amend,
`
`and/or supplement the identified Accused Products, locations of the infringing feature(s) in the
`
`Accused Products, and/or the theories of infringement provided herein.
`
`These preliminary infringement contentions shall not limit Haptic’s right to assert any
`
`position it deems appropriate at any later date as to infringement, validity, claim construction, or
`
`any other issue in this litigation. Nor shall they be deemed an admission or contention as to the
`
`scope or interpretation of any claim term.
`
`
`
`2
`
`2
`
`

`

`Haptic contends that Defendant Apple infringes the Asserted Claims of the Asserted Patent
`
`under 35 U.S.C. § 271(a) by making, using, offering to sell, and/or selling in the United States
`
`and/or importing into the United States at least the following iPhone models (“Accused Products”),
`
`either literally and/or under the doctrine of equivalents, as set out in Exhibits A and B: iPhone 8,
`
`iPhone 8 Plus, iPhone X, iPhone XS, iPhone XS Max, iPhone XR, iPhone 11, iPhone 11 Pro,
`
`iPhone 11 Pro Max, iPhone SE, iPhone SE2, iPhone SE3, iPhone 12, iPhone 12 Mini, iPhone 12
`
`Pro, iPhone 12 Pro Max, iPhone 13, iPhone 13 Mini, iPhone 13 Pro, iPhone 13 Pro Max, iPhone
`
`14, iPhone 14 Plus, iPhone 14 Pro, iPhone 14 Pro Max, iPhone 15, iPhone 15 Plus, iPhone 15 Pro,
`
`and iPhone 15 Pro Max.
`
`Apple contributes to infringement of the Asserted Patent under 35 U.S.C. § 271(c) by
`
`providing the Accused Products within the United States, knowing that the products practice the
`
`claimed invention, that they are especially made or adapted for use in infringing the Asserted
`
`Patent, and that they are not staple articles or commodities of commerce capable of substantial
`
`non-infringing use. Apple’s infringement is further detailed in the Complaint (Dkt. 1), which is
`
`hereby incorporated by reference in its entirety
`
`Haptic reserves the right to supplement its position as to infringement following further
`
`discovery and/or claim construction, including new information or knowledge regarding the
`
`structure, function, operation, implementation, and process of manufacturing the Accused
`
`Products.
`
`These contentions are preliminary and are based on Haptic’s research and investigation to
`
`date and materials in the public domain. Discovery has not yet commenced. Defendant’s
`
`preliminary invalidity contentions have not yet been served. Claim construction proceedings have
`
`not yet commenced. Haptic reserves the right to supplement or amend these contentions in light
`
`
`
`3
`
`3
`
`

`

`of discovery, invalidity contentions, alleged prior art, claim construction, and/or any other
`
`additional information provided by Defendant.
`
`II.
`
`DISCLOSURE OF PRIORITY DATE
`
`Haptic provides the following disclosure regarding the priority date for the Asserted Claims
`
`of the Asserted Patent. As an initial matter, Haptic notes that the Asserted Patent is subject to the
`
`First-to-File provisions of the America Invents Act (“AIA”). Haptic reserves the right to amend
`
`this disclosure should new information and knowledge regarding the conception, reduction to
`
`practice and/or priority dates of the Asserted Claims of the Asserted Patent come to light during
`
`discovery. Haptic further intends to rely on testimony by the inventors, experts, and other witnesses
`
`deposed in this matter concerning conception, diligence, and reduction to practice of the Asserted
`
`Claims of the Asserted Patent, including testimony at any hearing or the trial of this matter.
`
`The priority date of the Asserted Patent is February 13, 2015. The Asserted Patent was
`
`assigned U.S. patent application number 15/043,283 upon filing on February 12, 2016 and issued
`
`on June 12, 2018 as U.S. Patent No. 9,996,738. The Asserted Patent claims the benefit of U.S.
`
`provisional application number 62/115,769, filed February 13, 2015.
`
`The file histories for the above-referenced U.S. patent applications are being concurrently
`
`produced as follows:
`
`Application Number
`
`BATES Range
`
`15/043,283 (the Asserted Patent) HAPTIC_00000016–HAPTIC_00000203
`
`(provisional
`the Asserted
`
`to
`
`62/115,769
`application
`Patent)
`Haptic reserves the right to supplement this production to the extent discovery or its
`
`HAPTIC_00000204–HAPTIC_00000261
`
`investigations reveal additional documents.
`
`
`
`
`
`4
`
`4
`
`

`

` Dated: March 18, 2024
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
` SUSMAN GODFREY LLP
`
`
`
`By: /s/ Brian D. Melton
`Brian D. Melton (Texas 24010620)
`Rocco Magni (Texas 24092745)
`Ace M. Factor (Texas 24118923)
`Thomas V. DelRosario (Texas 24110645)
`Shaleez E. Ozlat (Texas 24110186)
`Samuel Drezdzon (Texas 24117374)
`1000 Louisiana Street, Suite 5100
`Houston, Texas 77002
`Tel: (713) 651-9366
`Fax: (713) 654-6666
`bmelton@susmangodfrey.com
`rmagni@susmangodfrey.com
`afactor@susmangodfrey.com
`tdelrosario@susmangodfrey.com
`sozlat@susmangodfrey.com
`sdrezdzon@susmangodfrey.com
`
`COUNSEL FOR PLAINTIFF HAPTIC, INC.
`
`
`
`5
`
`5
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of the above and foregoing
`
`document has been served on counsel of record via email on March 18, 2024.
`
`
`
`
`
`/s/ Ace M. Factor
`Ace M. Factor
`
`
`
`
`
`
`6
`
`6
`
`

`

`EXHIBIT (cid:36)
`EXHIBIT A
`
`7
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`These claim charts show, on an element-by-element basis, how Apple Inc. (“Apple”) infringes Claims 1, 2, 4, 5, and 9 of U.S. Patent
`No. 9,996,738 (the “’738 Patent”) through the making, using, offering for sale, or sale in the United States, and/or importation into the
`United States, of various products and offerings that utilize the Back Tap feature, including each model of iPhone since the iPhone 8
`series that supports Apple’s “Back Tap” feature, including at least the iPhone 8, 8 Plus, X, XS, XS Max, XR, 11, 11 Pro, 11 Pro Max,
`SE, SE2, SE3, 12, 12 Mini, 12 Pro, 12 Pro Max, 13, 13 Mini, 13 Pro, 13 Pro Max, 14, 14 Plus, 14 Pro, 14 Pro Max, 15, 15 Plus, 15 Pro,
`and 15 Pro Max models, as well as any other products that Apple makes, uses, offers for sale, monetizes, or sells in the United States,
`and/or imports into the United States that operate in the manner set forth below (collectively, the “Accused Products”). The claim chart
`below identifies infringement based on the exemplar iPhone 12 Pro Max. On information and belief, iPhone models 8, 8 Plus, X, XS,
`XS Max, XR, 11, 11 Pro, 11 Pro Max, SE, SE2, SE3, 12, 12 Mini, 12 Pro, 12 Pro Max, 13, 13 Mini, 13 Pro, 13 Pro Max, 14 Pro, and
`14 Pro Max infringe the ’738 Patent in the same manner.
`
`Haptic, Inc. (“Haptic”) further notes that this chart contains an exemplary, non-limiting description of Apple’s infringement that is
`representative of how each Accused Product infringes. Haptic further notes that it makes these contentions based on the information
`reasonably available to it at this time since discovery has not begun. Haptic thus reserves the right to modify, supplement, and/or amend
`these contentions as additional evidence and information become available, including in light of discovery, prior art, claim construction,
`or any other information provided by Apple or any other party or non-party to this action.
`
`As demonstrated below, Haptic contends that each element of each asserted claim is literally infringed by the Accused Products. Haptic
`further contends that, to the extent that any particular element is not met literally by the Accused Products, each Accused Product
`infringes under the doctrine of equivalents for the reasons set forth below because there would be no substantial difference between the
`elements of the asserted claims and the corresponding functionality in the accused instrumentality, i.e., the corresponding functionality
`in the Accused Products does substantially the same thing, in substantially the same way, to achieve substantially the same result(s) as
`the claimed elements.
`
`
`
`
`
`1
`
`8
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`system
`
`control
`
`[1.1] A
`comprising:
`[1.2] a housing having an
`engagement means
`for
`a
`mounting surface;
`
`[1.2.a] a “housing”
`
`[1.2.b] having an “engagement
`means”
`
`Claim 1
`To the extent that the preamble is limiting, each Accused Product is a control system.
`
`Each Accused Product comprises “a housing having an engagement means for a mounting surface.”
`
`
`
`The “housing” comprises the logic board assembly that contains the sensor, any components of the logic
`board assembly (including at least the printed circuit board (PCB), the system on a chip (SoC), and other
`chips mounted on the logic board assembly), and any materials covering the logic board assembly. The images
`below show the housing of the exemplar iPhone 12 Pro Max:
`
`Source: iFixit, iPhone 12 Pro Max Teardown,
`https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640
`As discussed below at 1.16 and 1.17, the Accused Products have an “engagement means,” which comprises
`an attachment means between the housing and the mounting surface, and a transmission portion connecting
`the sensor to the attachment means of the housing.
`
`
`
`
`
`2
`
`9
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`
`In each of the Accused Products, the “attachment means” include at least the threaded screws and screw holes
`in the logic board assembly that attach the logic board assembly to the mounting surface. The attachment
`means can also be an adhesive, mechanical fasteners, threaded screws and the associated screw holes, or other
`components that hold the housing to the mounting surface, and any equivalents thereof.
`
`
`
`In each of the Accused Products, the “attachment means” include at least the threaded screws and screw holes
`in the logic board assembly that attach the logic board assembly to the mounting surface:
`
`
`
`
`3
`
`10
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`
`
`Source: iFixit, iPhone 12 Pro Max Teardown,
`https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640; How-FixIT, iPhone 12 Pro
`Max Teardown, https://www.youtube.com/watch?v=_hgsKhsSAMc (annotated).
`
`In each of the Accused Products, the “transmission portion connecting said sensor to said attachment means
`of said housing” is the portion of the logic board that connects the sensor to the attachment means (screws
`and screw holes). For example, as shown below in the simplified schematic illustration of the exemplar iPhone
`12 Pro Max, the sensor (accelerometer, see 1.3) is connected to the attachment means (screws and screw
`holes, see 1.16) via a portion of the logic board. When the user taps on the back of the iPhone, a vibration is
`created and transmitted through the logic board to the sensor.
`
`4
`
`11
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.2.c] for a “mounting surface” The mounting surface is the part of the iPhone that engages with the housing:
`
`
`
`Mounting Surface
`
`
`Source: iFixit, iPhone 12 Pro Max Teardown,
`https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640
`
`5
`
`12
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.3] a “sensor” contained within
`said housing,
`
`Each Accused Product has “a sensor contained within said housing.” The “sensor” comprises at least the
`accelerometer contained within the logic board assembly and/or any other sensors. In the iPhone 12 Pro Max,
`the sensor includes at least the component referred to as “IMU” and/or “U7300” and/or “BMI282AA.” The
`image below shows the sensor contained within the logic board assembly:
`
`[1.4] said sensor forming an
`interactive zone defined by a
`range of said sensor,
`
`
`
`Source: iFixit, iPhone 12 Pro Max Teardown,
`https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640.
`Each Accused Product contains a “sensor forming an interactive zone defined by a range of said sensor.” The
`“interactive zone” includes the back side and/or the sides of the iPhone. Because the sensor (accelerometer)
`detects taps on the back side or sides of the iPhone to operate the Back Tap feature, the range of the sensor
`(accelerometer) defines the interactive zone:
`
`
`
`
`6
`
`13
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`
`
`
`Max
`Pro
`12
`iPhone
`iFixit,
`Source:
`https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640 (annotated).
`
`In each Accused Product, the sensor is comprised of an accelerometer. The sensor comprises at least the
`accelerometer contained within the logic board assembly. In the iPhone 12 Pro Max, the sensor includes at
`least the component referred to as “IMU” (Inertial Measurement Unit) and/or “BMI282AA.” On information
`and belief, the sensor in the iPhone 12 Pro Max is a Bosch Sensortec IMU that includes accelerometer
`functionality. The image below shows the sensor (red box annotation) contained within the logic board
`assembly:
`
`
`Teardown,
`
`[1.5] said sensor being comprised
`of an accelerometer,
`
`7
`
`14
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.6] said interactive zone being
`aligned with
`said mounting
`surface
`
`
`Source: iFixit, iPhone 12 Pro Max Teardown,
`https://www.ifixit.com/Teardown/iPhone+12+Pro+Max+Teardown/138640.
`Each Accused Product comprises “said interactive zone being aligned with said mounting surface.” The
`interactive zone includes the back side and/or sides of the iPhone (see 1.4). The “mounting surface” is the
`part of the iPhone that engages with the housing, as described above at 1.2.c. The “mounting surface” is
`aligned with the “interactive zone,” for example, on the back side or sides of the iPhone, where the interactive
`zone overlays the mounting surface:
`
`
`
`
`
`
`
`
`
`
`
`
`8
`
`15
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`Mounting Surface
`
`Interactive Zone
`
`
`
`Mounting Surface
`
`[1.7]
`said
`overlaying
`and
`mounting
`surface outside a
`perimeter of said housing,
`
`
`
`
`
`
`Each Accused Product contains an interactive zone that is “overlaying said mounting surface outside a
`perimeter of said housing.”
`
`The interactive zone spans the back side and sides of the iPhone and overlays the mounting surface. Because
`the back side and sides of the iPhone is larger than the housing, the interactive zone is “outside a perimeter
`of said housing.” The Back Tap feature responds to taps anywhere on the back side or sides of the iPhone,
`including near the corners. The annotated image below shows how the interactive zone extends “outside a
`perimeter of said housing”:
`
`9
`
`16
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`[1.8] said sensor being in a fixed
`position
`relative
`to
`said
`engagement means, wherein a
`contact
`interaction associated
`with
`said mounting
`surface
`within said interactive zone is
`detected by said sensor as data
`signals,
`[1.8.a] said sensor being in a
`fixed position relative to said
`engagement means,
`
`
`Each Accused Product contains a “sensor being in a fixed position relative to said engagement means, wherein
`a contact interaction associated with said mounting surface within said interactive zone is detected by said
`sensor as data signals.” This element is discussed in further detail below at 1.8.a and 1.8.b.
`
`
`
`In the exemplar image of the iPhone 12 Pro Max shown below, the engagement means include at least the
`attachment means (screws and screw holes, see 1.16) and a transmission portion connecting the sensor to the
`attachment means (see 1.17). In each of the Accused Products, the sensor (accelerometer, see 1.3) is soldered
`to the housing (logic board assembly). Because the sensor is fixed in place on the housing, the sensor
`(accelerometer) is “in a fixed position relative to” the engagement means:
`
`10
`
`17
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.8.b] wherein
`contact
`a
`interaction associated with said
`mounting surface within said
`interactive zone is detected by
`said sensor as data signals,
`
`
`In each of the Accused Products, the “contact interaction” consists of a double-tap or triple-tap on the back
`of the iPhone. Because the mounting surface is within the “interactive zone” of the back side and sides of the
`iPhone, the contact interaction on the back or sides of the iPhone impacts the mounting surface and is
`“associated with said mounting surface within said interactive zone.” The sensor (accelerometer) detects the
`contact interactions (taps) as data signals.
`
`
`11
`
`18
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`For instance, in its support videos, Apple explains that users can “double- or triple-tap firmly on the back of
`your iPhone,” which is detected by the sensor as data signals to use the Back Tap feature:
`
`
`[1.9]
`interaction
`said contact
`being comprised of an impact on
`said mounting surface, said data
`signals being comprised of
`vibration data of said contact
`interaction;
`
`
`Source: Apple Support, How to use Back Tap on iPhone, https://youtu.be/Z4ZeFJ65iXc.
`Each Accused Product includes a “contact interaction being comprised of an impact on said mounting surface,
`said data signals being comprised of vibration data of said contact interaction.” In each of the Accused
`Products, double-taps and triple-taps on the back of the iPhone are contact interactions that impact the
`mounting surface. These contact interactions (taps) generate data signals that are comprised of vibrations.
`The contact interactions have certain characteristics that allow the vibrations to be identified as at least
`double-taps or triple-taps and that comprise “vibration data” that the sensor detects as “data signals.”
`
`
`
`
`12
`
`19
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`For instance, in its support videos, Apple explains that users can “double- or triple-tap firmly on the back of
`your iPhone,” which is detected by the sensor as data signals to use the Back Tap feature:
`
`
`[1.10] a server in communication
`with said sensor,
`
`
`Source: Apple Support, How to use Back Tap on iPhone, https://youtu.be/Z4ZeFJ65iXc.
`Each Accused Product contains “a server in communication with said sensor.” As discussed in greater detail
`below, the sensor is in communication with other components on the logic board assembly, one or more of
`which comprises a server. The connection between the server and the sensor can be wireless or wired, and
`may also include a router, Wi-Fi, Bluetooth, or a local area network. The following simplified block diagram
`shows an exemplary configuration of a server in the Accused Products:
`
`
`
`13
`
`20
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`Each Accused Product contains a “server being comprised of a routing module, a processing module being
`connected to said routing module, and an output module connected to said processing module.” The following
`simplified block diagram shows an exemplary configuration of a server in the Accused Products, where the
`server includes a routing module, a processing module, and an output module:
`
`
`
`[1.11]
`being
`server
`said
`comprised of a routing module, a
`processing
`module
`being
`connected
`to
`said
`routing
`module, and an output module
`connected
`to said processing
`module,
`
`14
`
`21
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.11.a]
`being
`server
`said
`comprised of a “routing module,”
`
`
`In each of the Accused Products, the “routing module” receives data signals from the sensor. The routing
`module comprises at least the circuitry that forms the path from the sensor to the processing module, as well
`as any intermediate registers, level translators, connectors, interfaces, or logic for connecting the sensor to
`the processing module. In the iPhone 12 Pro Max, the routing modules include the outbound connections
`from the sensor to the processing module. The following simplified block diagram shows an exemplary
`configuration of a server in the Accused Products, where the server includes a routing module:
`
`
`
`15
`
`22
`
`

`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.11.b] a “processing module”
`being connected to said routing
`module,
`
`
`In each of the Accused Products, the “processing module” determines the data pattern corresponding to the
`data signals and includes at least the application processor (“SOC”) of the iPhone and/or the integrated motion
`coprocessor within the application processor. In the exemplar iPhone 12 Pro Max, the processing module is
`referred to as “A14,” “Sicily,” “APL1W01,” “SOC,” “AOP,” or “U1000.” The following simplified block
`diagram shows an exemplary configuration of a server in the Accused Products, where the server includes a
`processing module connected to a routing module:
`
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`16
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.11.c] and an “output module”
`connected
`to said processing
`module.
`
`
`The “output module” is connected to the processing module and transmits commands to a receiving module
`in a terminal device. In the Accused Products, the “output module” comprises the circuitry that forms the path
`from the processing module to the receiving module in a terminal device, as well as any intermediate registers,
`interfaces, level translators, connectors, interfaces, or logic for connecting the processing module to the
`receiving module in a terminal device.” The following simplified block diagram shows an exemplary
`configuration of a server in the Accused Products, where the server includes an output module connected to
`a processing module:
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`
`17
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`24
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.12]
`routing module
`said
`receiving said data signals from
`said sensor, said processing
`module determining a data
`pattern corresponding to said data
`signals of said contact interaction
`and matching said data pattern
`with a gesture profile,
`
`
`Each Accused Product contains a “routing module receiving said data signals from said sensor, said
`processing module determining a data pattern corresponding to said data signals of said contact interaction
`and matching said data pattern with a gesture profile.”
`
`In each of the Accused Products, the accelerometer outputs are the “data signals.” The routing module
`receives those data signals from the sensor, and the processing module receives those data signals from the
`routing module. The processing module then determines whether the data signals represent a “data pattern”
`that corresponds to a matching gesture profile (including at least either a “Double Tap” or a “Triple Tap”
`gesture profile).
`
`The following simplified block diagram shows an exemplary configuration of a server in the Accused
`Products, where the server includes a routing module receiving data signals from a sensor, and a processing
`module determining a data pattern corresponding to data signals of a contact interaction and matching with a
`gesture profile:
`
`18
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`25
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`
`
`
`
`19
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`26
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`Apple explains that users can “double- or triple-tap firmly on the back of your iPhone” to use the Back Tap
`feature, as the processing module determines a data pattern corresponding to said data signals of said contact
`interaction and matches said data pattern with a gesture profile, such as a double tap gesture or a triple tap
`gesture:
`
`[1.13] said gesture profile being
`associated with a command; and
`
`
`Source: Apple Support, How to use Back Tap on iPhone, https://youtu.be/Z4ZeFJ65iXc.
`In each of the Accused Products, a “gesture profile” is “associated with a command.” The command
`associated with the gesture profile relates to the particular terminal device. As discussed below at 1.14,
`gestures can be associated with commands in terminal devices internal to the iPhone and/or terminal devices
`external to the iPhone.
`
`
`
`In the Accused Products, iPhone users can assign a command from a pre-configured list to either the Double
`Tap or the Triple Tap gesture profile. There are over 40 available commands, including “system,”
`“accessibility,” “scroll gestures,” and “shortcuts” commands that users can associate with the Double Tap or
`the Triple Tap gesture profile. Back Tap also automatically includes any user-created “shortcuts” commands
`within its list of available commands. For example, the double-tap or triple-tap gesture can be associated with
`at least the following exemplary commands: lower the temperature of a thermostat, turn on/off an external
`
`20
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`light or lamp, open or switch applications on the iPhone, open an online calendar software program, activate
`the iPhone camera, turn on/off the iPhone flashlight, activate Siri, play/pause Apple TV, Apple Watch
`Mirroring, Assistive Touch, take a screenshot, “Control Nearby Devices,” lock the iPhone screen, turn the
`iPhone volume up or down, mute, scroll up and down, open specified applications, or engage the “Shortcuts”
`feature:
`
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`
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`21
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`28
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`[1.14] a terminal device being
`comprised of a receiving module
`and
`
`Each Accused Product contains and/or interacts with a “terminal device being comprised of a receiving
`module.” More than one terminal device can be connected to the server, and the control system can also be
`used with multiple terminal devices. In each of the Accused Products, gestures can be associated with
`independent terminal devices internal to the iPhone and/or independent terminal devices external to the
`iPhone.
`
`Examples of terminal devices comprised of a receiving module internal to the iPhone include at least the
`iPhone’s camera, flashlight, speaker, lock controls, audio player, volume up, volume down, smartphone GUI
`(Lock Screen command), mute control, the screen, and other internal iPhone functions. These internal
`terminal devices contain receiving modules and have associated integrated electronics to receive commands
`from the output module. The image below illustrates one example of an internal terminal device and its
`corresponding receiving module:
`
`
`
`
`22
`
`
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`29
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`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`In the Accused Products, Double Tap and Triple Tap gestures can also be associated with terminal devices
`external to the iPhone through the “Shortcuts” and “Control Nearby Devices” features. Examples of terminal
`devices external to the iPhone include, but are not limited to, appliances (e.g., televisions, stereos, or coffee
`machines), lights with switches, devices running software, computers, laptops, tablets, smartphones,
`televisions, external lights or lighting fixtures, climate regulators, thermostats, or fans.
`
`For example, the “Control Nearby Devices” command can be associated with terminal devices on the same
`local area network as the Accused Products, including Apple Watches, iPads, other iPhones, Apple TVs,
`Apple HomePods, Apple MacBook Laptops, third-party devices, and other HomeKit-compatible devices. All
`these terminal devices controllable via Back Tap receive commands at receiving modules from the Accused
`Products’ output modules. For terminal devices external to the Accused Products that are outside the Accused
`Products’ local area network, the Accused Products use Back Tap to activate and control those terminal
`devices through the Apple “Shortcuts” feature and the Apple “Home” application, which are integrated into
`Back Tap. For example, a user can create a shortcut that turns on or off all the lights in a home, and use the
`Back Tap feature to assign that command to either the double-tap or triple-tap gesture.
`
`The following image identifies examples of external terminal devices controllable by Back Tap:
`
`
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`23
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`30
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`

`Haptic, Inc. v. Apple Inc., No. 1:23-CV-1351-DII (W.D. Tex.)
`Infringement of U.S. Patent No. 9,996,738
`
`
`All shortcuts, including those associated with the Apple HomeKit-compatible smart-home devices owned by
`the user, are automatically listed in the Back Tap interface, can be configured and controlled by Back Tap,
`and are listed within the Shortcuts application of the iPhone:
`
`
`[1.15] and means for initiating
`activity of said terminal device
`corresponding to