Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 1 of 10 PageID #: 12440
`Case 5:19-cv-00036—RWS Document 348-10 Filed 06/18/20 Page 1 of 10 PageID #: 12440
`
`EXHIBIT 27
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`EXHIBIT 27
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`

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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 2 of 10 PageID #: 12441
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`MAXELL, LTD.,
`
`Plaintiff,
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`
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`
`
`
`
`vs.
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`APPLE INC.,
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`
`
`Defendant.
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`
`
`
`
`
`
` Civil Action No. 5:19-cv-00036-RWS
`
`
`JURY TRIAL DEMANDED
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`
`
`
`DEFENDANT APPLE INC.’S FIRST SUPPLEMENTAL INVALIDITY CONTENTIONS
`PURSUANT TO PATENT LOCAL RULES 3-3 AND 3-4
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`
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`

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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 3 of 10 PageID #: 12442
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`
`Locatio/the NavTalk/Obradovich in view of Hayashida/the ’711 Patent in further
`view of Maruyama/Ikeda/the ’711 Patent. See Ex. A2.
`
`• Akiyama (or Akiyama in view of Gildea/Want/the Cyberguide) in view of
`Maruyama/Norris/the Cyberguide/the Locatio/the NavTalk/Obradovich in further
`view of Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A2.
`
`• Akiyama (or Akiyama in view of Gildea/Want/the Cyberguide) in view of the
`Cyberguide/Maruyama/Knockeart in view of Maruyama/Norris/the Cyberguide/the
`Locatio/the NavTalk/Obradovich in further view of Norris/Maruyama/Ikeda/the ’711
`Patent. See Ex. A2.
`
`• Akiyama (or Akiyama in view of Gildea/Want/the Cyberguide) in view of
`Maruyama/Norris/the Cyberguide/the Locatio/the NavTalk/Obradovich in view of
`Hayashida/the ’711 Patent in further view of Norris/Maruyama/Ikeda/the ’711 Patent.
`See Ex. A2.
`
`• Akiyama (or Akiyama in view of Gildea/Want/the Cyberguide) in view of the
`Cyberguide/Maruyama/Knockeart in view of Maruyama/Norris/the Cyberguide/the
`Locatio/the NavTalk/Obradovich in view of Hayashida/the ’711 Patent in further
`view of Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A2.
`
` Akiyama (or Akiyama in view of the Cyberguide/Gildea/Want) in view of
`Norris/Maruyama/the Locatio/the Cyberguide/the NavTalk/Obradovich. See Ex. A3.
`
`• Akiyama (or Akiyama in view of the Cyberguide/Gildea/Want) in view of Norris/the
`Cyberguide/Maruyama/Knockeart in further view of Norris/Maruyama/the
`Locatio/the Cyberguide/the NavTalk/Obradovich. See Ex. A3.
`
`• Akiyama (or Akiyama in view of the Cyberguide/Gildea/Want) in view of
`Norris/Maruyama/the Locatio/the Cyberguide/the NavTalk/Obradovich in further
`view of Hayashida/Maruyama. See Ex. A3.
`
`• Akiyama (or Akiyama in view of the Cyberguide/Gildea/Want) in view of Norris/the
`Cyberguide/Maruyama/Knockeart in view of Norris/Maruyama/the Locatio/the
`Cyberguide/the NavTalk/Obradovich in further view of Hayashida/Maruyama. See
`Ex. A3.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide). See Exs. A4-A6.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of
`Knockeart. See Ex. A4.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of
`Norris/Colley. See Exs. A4-A6.
`
` •
`
`11
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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 4 of 10 PageID #: 12443
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`
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of the
`NavTalk/the Cyberguide/the Locatio/Obradovich. See Exs. A4, A6.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of the
`NavTalk/the Cyberguide/the Locatio/Obradovich in further view of Norris/Colley. See
`Exs. A4, A6.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of Colley.
`See Ex. A5.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of the
`NavTalk/the Cyberguide/the Locatio/Obradovich. See Ex. A5.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of
`Norris/Colley in further view of in view of the NavTalk/the Cyberguide/the
`Locatio/Obradovich. See Ex. A5.
`• Maruyama (or Maruyama in view of Gildea/Want/the Cyberguide) in view of Colley
`in further view of in view of the NavTalk/the Cyberguide/the Locatio/Obradovich. See
`Ex. A5.
`• Norris (or Norris in view of the Cyberguide/Want). See Exs. A7-A9.
`• Norris (or Norris in view of the Cyberguide/Want) in view of Maruyama/Colley. See
`Exs. A7-A9.
`• Norris (or Norris in view of the Cyberguide/Want) in view of the Locatio/Maruyama.
`See Exs. A7, A9.
`• Norris (or Norris in view of the Cyberguide/Want) in view of the Locatio/Maruyama
`in further view of Maruyama/Colley. See Exs. A7, A9.
`• Norris (or Norris in view of the Cyberguide/Want) in view of the Locatio/Maruyama
`in view of Maruyama/Colley in further view of Colley. See Ex. A7.
`• Norris (or Norris in view of the Cyberguide/Want) in view of Maruyama. See Ex. A8.
`• Norris (or Norris in view of the Cyberguide/Want) in view of Maruyama/Colley in
`further view of Maruyama. See Ex. A8.
`• Norris (or Norris in view of the Cyberguide/Want) in view of Colley. See Ex. A8.
`• Norris (or Norris in view of the Cyberguide/Want) in view of Maruyama in further
`view of Colley. See Ex. A8.
`• The Cyberguide (or the Cyberguide in view of Want). See Ex. A10-A12.
`
`
`12
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`

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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 5 of 10 PageID #: 12444
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`
`• The Cyberguide (or the Cyberguide in view of Want) in view of Maruyama/the
`Locatio. See Ex. A10, A12.
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda. See Ex. A10.
`
`• The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda in further view of Hayashida/the ’711 Patent. See Ex. A10.
`
`• The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda in view of Maruyama/the Locatio in further view of
`Hayashida/Norris/Maruyama. See Ex. A10.
`
`• The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda in further view of Hayashida/the ’711 Patent/Akiyama. See
`Ex. A10.
`
`• The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda in view of Maruyama/the Locatio. See Ex. A10.
`
`• The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda in view of Maruyama/the Locatio in further view of
`Hayashida/the ’711 Patent /Akiyama. See Ex. A10.
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Ellenby/Ikeda in view of Maruyama/the Locatio in further view of
`Hayashida/the ’711 Patent. See Ex. A10.
`
` The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Akiyama/the ’711 Patent. See Ex. A11-A12.
`
` •
`
` •
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Akiyama/the ’711 Patent in further view of Norris/Maruyama/Ikeda/the
`’711 Patent. See Ex. A11.
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart
`in further view of Hayashida/Akiyama/the ’711 Patent. See Ex. A11.
`
` •
`
` •
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of
`Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A11.
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart.
`See Ex. A11.
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Maruyama/Ikeda/the
`’711 Patent. See Ex. A11.
`
`13
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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 6 of 10 PageID #: 12445
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`
` •
`
` •
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart
`in further view of Maruyama/Ikeda/the ’711 Patent. See Ex. A11.
`
` The Cyberguide (or the Cyberguide in view of Want) in view of
`Hayashida/Akiyama/the ’711 Patent in further view of Maruyama/Ikeda/the ’711
`Patent. See Ex. A11.
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart
`in view of Hayashida/Akiyama/the ’711 Patent in further view of
`Maruyama/Ikeda/the ’711 Patent. See Ex. A11.
`
` •
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart
`in further view of Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A11
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Akiyama/Knockeart
`in view of Hayashida/Akiyama/the ’711 Patent in further view of
`Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A11.
`
` •
`
` The Cyberguide (or the Cyberguide in view of Want) in view of Maruyama/the
`Locatio in further view of Hayashida/Akiyama/the ’711 Patent. See Ex. A12.
`
` •
`
` The Locatio (or the Locatio in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart in further view of the ’711 Patent/the
`NavTalk/Hayashida. See Ex. A13.
`
`• The Locatio (or the Locatio in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart in view of the ’711 Patent/the
`NavTalk/Hayashida. See Ex. A13.
`
`• The Locatio (or the Locatio in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart. See Ex. A13.
`
` •
`
` The Locatio (in view of Gildea/Want/the Cyberguide) in view of Norris/the
`Cyberguide/Maruyama/Knockeart. See Ex. A14.
`
`• The Locatio (in view of Gildea/Want/the Cyberguide) in view of Norris/the
`Cyberguide/Maruyama/Knockeart in further view of the
`NavTalk/Hayashida/Akiyama. See Ex. A14.
`
`• The Locatio (in view of Gildea/Want/the Cyberguide) in view of Norris/the
`Cyberguide/Maruyama/Knockeart in further view of the NavTalk/Hayashida. See Ex.
`A14.
`
`
`14
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`

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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 7 of 10 PageID #: 12446
`
`
`• The Locatio (or the Locatio in view of Gildea/Want/the Cyberguide) in view of the
`NavTalk. See Ex. A15.
`
` •
`
` The Locatio (or the Locatio in view of Gildea/Want/the Cyberguide) in view of
`Norris/Maruyama/Knockeart/the Cyberguide in further view of the NavTalk. See Ex.
`A15.
`
` •
`
` The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart. See Ex. A16.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart in further view of Akiyama. See Ex.
`A16.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart in further view of the Cyberguide/the
`Locatio/Maruyama. See Ex. A16.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart in further view of the
`Locatio/Maruyama. See Ex.A16.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Maruyama/Knockeart in view of the Locatio/Maruyama in
`further view of Akiyama renders Claim 14 obvious. See Ex. A16.
`
` •
`
` •
`
` The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama. See Ex. A17.
`
` The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in further view of Akiyama/the ’711
`Patent renders Claims 1, 3, and 4 obvious
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in further view of
`Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in view of Akiyama/the ’711 Patent in
`further view of Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in further view of the Cyberguide. See
`Ex. A17.
`
`
`17
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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 8 of 10 PageID #: 12447
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`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in view of Akiyama/the ’711 Patent in
`further view of the Cyberguide. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in further view of
`Hayashida/Akiayama/the ’711 Patent. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in further view of
`Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in view of Hayashida/Akiayama/the
`’711 Patent in further view of Norris/Maruyama/Ikeda/the ’711. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in further view of the Cyberguide. See
`Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in view of Hayashida/Akiayama/the
`’711 Patent in further view of the Cyberguide. See Ex. A17.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/the Cyberguide/Knockeart/Maruyama in view of the Cyberguide in further
`view of Norris/Maruyama/Ikeda/the ’711 Patent. See Ex. A17.
`
` •
`
` •
`
` The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/Maruyama/Knockeart. See Ex. A18.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/Maruyama/Knockeart in further view of the Locatio/Maruyama. See Ex. A18.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/Maruyama/Knockeart in further view of Akiyama. See Ex. A18.
`
`• The NavTalk (or the NavTalk in view of Gildea/Want/the Cyberguide) in view of
`Norris/Maruyama/Knockeart in view of the Locatio/Maruyama in further view of
`Akiyama. See Ex. A18.
`
` Hayashida (or Hayashida in view of Want/the Cyberguide). See Exs. A19-A20.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of the
`Cyberguide/Maruyama. See Ex. A19.
`
`
`18
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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 9 of 10 PageID #: 12448
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`
`• Hayashida (or Hayashida in view of Want/the Cyberguide). See Ex. A19.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of Akiyama. See
`Ex. A19.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of the
`Locatio/Maruyama. See Ex. A19.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of the
`Locatio/Maruyama in further view of the ’711 Patent. See Ex. A19.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of
`Norris/Maruyama/the Locatio/the Cyberguide/the NavTalk/Obradovich. See Ex.
`A19.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of
`Norris/Maruyama/the Locatio/the Cyberguide/the NavTalk/Obradovich in further
`view of Akiyama. See Ex. A19.
`
`• Hayashida (or Hayashida in view of Want/the Cyberguide) in view of
`Norris/Maruyama/the Locatio/the Cyberguide/the NavTalk/Obradovich in further
`view of the NavTalk/Maruyama. See Ex. A19.
`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Akiyama/the
`’711 Patent. See Ex. A20.
`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of
`Maruyama/Ikeda/the ’711 Patent. See Ex. A20.
`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Akiyama/the
`’711 Patent in further view of Maruyama/Ikeda/the ’711 Patent renders. See Ex. A20.
`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Norris/the
`NavTalk, the Locatio/Maruyama/the Cyberguide/Obradovich. See Ex. A20.
`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Akiyama/the
`’711 Patent in further view of Norris/the NavTalk, the Locatio/Maruyama/the
`Cyberguide/Obradovich. See Ex. A20.
`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Norris/the
`NavTalk, the Locatio/Maruyama/the Cyberguide/Obradovich in further view of
`Maruyama/Ikeda/the ’711 Patent. See Ex. A20.
`
` •
`
` Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Norris/the
`NavTalk/the Locatio/the Cyberguide/Maruyama/Obradovich. See Ex. A21.
`
`
`19
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`Case 5:19-cv-00036-RWS Document 348-10 Filed 06/18/20 Page 10 of 10 PageID #: 12449
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`
`• Hayashida (or Hayashida in view of the Cyberguide/Want) in view of Norris/the
`NavTalk/the Locatio/the Cyberguide/Maruyama/Obradovich in further view of the
`’711 Patent. See Ex. A21.
`
`2.
`
`Motivation To Combine
`
`Apple provides the following legal background regarding obviousness combinations. No
`
`showing of a specific motivation to combine prior art is required to combine the references
`
`disclosed above and in the attached charts, as each combination of art would have yielded expected
`
`results and at most would simply represent a known alternative to one of skill in the art. See Apple
`
`Inc. v. Samsung Elecs. Co., 839 F.3d 1034, 1058 (Fed. Cir. 2016); Intercontinental Great Brands
`
`LLC v. Kellogg N. Am. Co., 869 F.3d 1336, 1344 (Fed. Cir. 2017); KSR Int’l Co. v. Teleflex, Inc.,
`
`127 S. Ct. 1727, 1739-40 (2007) (rejecting the Federal Circuit’s “rigid” application of the teaching,
`
`suggestion, or motivation to combine test, and instead applying an “expansive and flexible”
`
`approach). Indeed, the Supreme Court held that a PHOSITA is “a person of ordinary creativity,
`
`not an automaton” and “in many cases a person of ordinary skill in the art will be able to fit the
`
`teachings of multiple patents together like pieces of a puzzle.” KSR, 127 S.Ct. at 1742.
`
`Nevertheless, in addition to the information contained in the section immediately above and
`
`elsewhere in these contentions, Apple hereby identifies motivations and reasons to combine.
`
`One or more combinations of the prior art references identified above would have been
`
`obvious because these references would have been combined using: known methods to yield
`
`predictable results; known techniques in the same way; a simple substitution of one known,
`
`equivalent element for another to obtain predictable results; and/or a teaching, suggestion, or
`
`motivation in the prior art generally. See Apple, 839 F.3d at 1077; Intercontinental Great Brands,
`
`869 F.3d at 1344. In addition, it would have been obvious to try combining the prior art references
`
`identified above because there were only a finite number of predictable solutions and/or because
`
`known work in one field of endeavor prompted variations based on predictable design incentives
`
`20
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`