Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 1 of 119
`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 1 of 119
`
`EXHIBIT A
`EXHIBIT A
`
`
`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 2 of 119
`
`Infringement of U.S. Patent No. 8,118,218 by Apple - CONFIDENTIAL
`
`Appendix A – Claim Chart for US Patent No. 8,118,218 Against Accused Apple Products - CONFIDENTIAL
`
`Based on information presently available, RFCyber Corp. (“RFCyber”) contends that Defendant Apple Inc. (“Apple” or “Defendant”) infringes claims 1-18 (the “Asserted Claims”)
`of U.S. Patent No. 8,118,218 (the “’218 Patent”) through the Accused Products which are manufactured, sold, offered for sale, and/or used by Apple.
`
`The Accused Products include at least all iPhones and Apple watches running or containing Apple Wallet, Apple Pay and/or Apple Cash, and all supporting computer systems and/or
`servers providing functionality related thereto.
`
`For example, the Accused Products include, but are not limited to, the following Accused Devices: and all versions and variants of iPhone and Apple Watch made, sold, offered for
`sale, used, or imported in the United States since the launch of Apple Pay in October 2014, including at least all versions and variants of iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone
`6s Plus, iPhone SE (1st generation), iPhone 7, iPhone 7 Plus, iPhone 8, iPhone 8 Plus, iPhone X, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11 Pro, iPhone 11 Pro
`Max, iPhone SE (2nd generation), iPhone 12 mini, iPhone 12, iPhone 12 Pro, iPhone 12 Pro Max, iPhone 13 mini, iPhone 13, iPhone 13 Pro, iPhone 13 Pro Max, Apple Watch (1st
`generation), Apple Watch Series 1, Apple Watch Series 2, Apple Watch Series 3, Apple Watch Series 4, Apple Watch Series 5, Apple Watch SE, Apple Watch Series 6, and Apple
`Watch Series 7. RFCyber reserves the right to amend this list of Accused Devices as discovery progresses.
`
`For example, the Accused Products include, but are not limited to, the following Accused Apps: Apple Wallet, Apple Pay and/or Apple Cash and all versions and variants thereof.
`
`Apple directly infringes each of the Asserted Claims by importing, using, selling, and/or offering to sell the Accused Products in violation of 35 U.S.C. § 271(a). Accused Devices
`are preloaded with apps required to use Accused Services.
`
`Apple indirectly infringes the Asserted Claims in violation of 35 U.S.C. § 271(b) by inducing third parties, including Apple customers and end-users, to directly infringe through
`their operation and use of the Accused Products. Apple has knowingly and intentionally induced this direct infringement by, inter alia, (i) selling, importing, or otherwise providing
`the Accused Products to third parties with the intent that the Accused Products will be operated and used in a manner that practices the Asserted Claims; and (ii) marketing and
`advertising the Accused Products. Apple’s marketing and promotional materials for the Accused Products are found, for example, on Apple’s website. For example, Apple’s website
`offers customers downloadable User Manuals for the Accused Products that instruct customers to, among other things, set up, personalize, and use Apple Pay and Apple Cash. Apple
`further provides tutorials with the Accused Products that instruct customers to, among other things, use the Accused Products in an infringing manner. Apple’s website also offers
`support to customers, including instruction to, among other things, use Apple Pay and Apple Cash to perform transactions. On information and belief, Apple knows that its actions
`will result in infringement of the Asserted Claims, or subjectively believes that there is a high probability that its actions will result in infringement of the Asserted Claims but has
`taken deliberate actions to avoid learning these facts.
`
`Apple also contributorily infringes each of the Asserted Claims in violation of 35 U.S.C. § 271(c) by selling, importing, and offering for sale the Accused Products, which when used
`directly infringe the Asserted Claims. The Accused Products constitute a material part of the Asserted Claims.
`
`
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 3 of 119
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`The following chart identifies specifically where each limitation of each Asserted Claim is found within the Accused Products and, in particular, the corresponding elements that
`meet the limitation in the Apple iPhone 13 Pro installed with Apple Pay. On information and belief, the Apple iPhone 13 Pro is representative of all Accused Devices which practice
`the Asserted Claims in a manner consistent with the Apple iPhone 13 Pro.
`
`RFCyber does not concede that any claims of the ʼ218 Patent that are not listed below are not infringed by the identified Accused Products. Moreover, the citations to certain
`documents and other information below are intended to be exemplary only and in no way foreclose RFCyber from citing or relying on additional documents, information, source
`code, and/or testimony at a later time. These contentions are preliminary in nature, and an analysis of Apple’s products, internal documentation, source code, and/or testimony from
`relevant witnesses may more fully and accurately describe the infringing features of its Accused Products. Accordingly, RFCyber reserves the right to supplement, correct, modify,
`and/or amend these contentions once such additional information is made available to RFCyber. Furthermore, RFCyber reserves the right to supplement, correct, modify, and/or
`amend these contentions as discovery in this case progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Apple including, but not limited
`to, positions on claim construction, invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert reports.
`
`To the extent Apple contends that any element of the Accused Products is attributable to a third party, RFCyber contends that the activities are attributable to Apple such that they
`constitute direct infringement by Apple under 271(a). The acts may be attributable to Apple because Apple directs or controls the others’ performance, and because Apple and the
`other entity form a joint enterprise. Akamai Techs., Inc. v. Limelight Networks, Inc., 797 F.3d 1020, 1022 (Fed. Cir. 2015). Additionally, Apple is vicariously liable for the activities
`of these other entities. Centillion Data Sys., LLC v. Qwest Commc'ns Int'l, Inc., 631 F.3d 1279, 1286 (Fed. Cir. 2011). Further, the activities of these entities (including manufacturers,
`distributors, and users of the Accused Products consumers) are attributable to Apple because Apple (1) conditions participation in an activity or receipt of a benefit upon others’
`performance of one or more steps of a patented method, and (2) establishes the manner or timing of that performance. Eli Lilly & Co. v. Teva Parenteral Medicines, Inc., 845 F.3d
`1357, 1365 (Fed. Cir. 2017). These acts are also attributed to Apple because it initiated the activities of its end-users. SiRF Tech., Inc. v. Int'l Trade Comm'n, 601 F.3d 1319, 1330
`(Fed. Cir. 2010).
`
`
`
`
`Claim
`
`1[p]. A method for
`providing an e-purse, the
`method comprising:
`
`Apple Accused Products
`
`Every Accused Product performs a method for providing an electronic purse (“e-purse”), such as Apple Wallet and/or Apple Pay.
`For example, every iPhone and Apple Watch performs a method for providing an electronic purse, such as Apple Wallet and/or Apple Pay.
`
`
`
`2
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 4 of 119
`
`Claim
`
`1[a] providing a portable
`device including or
`communicating with a
`smart card pre-loaded with
`an emulator configured to
`execute a request from an
`e-purse applet and provide
`a response the e-purse
`applet is configured to
`expect,
`
`Apple Accused Products
`
`Every Accused Product performs a method of providing a portable device including or communicating with a smart card pre-loaded with an emulator
`configured to execute a request from an e-purse applet and provide a response the e-purse applet is configured to expect.
`
`For example, the iPhone 13 Pro is a portable device. Every Accused Product includes a portable device, such as, but not limited to, smartphones and smart
`watches.
`For example, the iPhone 13 Pro includes or communicates with a smart card, such as, but not limited to, an NFC module and/or the assembly of NFC
`Module, secure element, processor, microcontroller, and/or memory. For example, the Accused iPhone 13 Pro includes or communicates with a smart card,
`such as a smart card comprising an NXP SN210, which includes an NFC controller and secure element.1
`
`
`1 RFCyber uses exemplary documentation for the PN80T, PN553, and NXP SE050 Secure Element as representative of the NFC controllers and secure elements of all the Accused
`Apple Mobile Devices.
`
`
`
`3
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 5 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`https://www.techinsights.com/blog/teardown/apple-iphone-13-pro-teardown
`For example, the Accused iPhone 13 Pro further includes and/or communicates with a smart card comprising a NNXP SN210 NFC Controller and secure
`element, Flash memory (e.g. KIOXIA NAND Flash) or RAM memory (e.g. LPDDR4X SDRAM of an A15 Bionic SoC), and/or additional memory, such as
`Flash, RAM, ROM, and/or EEPROM.
`
`https://www.techinsights.com/blog/teardown/apple-iphone-13-pro-teardown
`For example, the Accused Products further comprise a smart card such as a secure enclave:
`
`4
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 6 of 119
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`iOS Security White Paper at 9.
`
`
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`5
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 7 of 119
`
`Claim
`
`Apple Accused Products
`The smart card of every Accused Product (e.g. NFC Module, NFC Controller, and/or secure element) is pre-loaded with an emulator configured to execute a
`request from an e-purse applet (e.g. a payment card applet within Apple Pay) and provide a response the e-purse applet is configured to expect. For example,
`the emulator is configured to execute a request from an e-purse applet (e.g. an applet corresponding to a credit, debit, transit, or loyalty card within Apple
`Pay, and/or to Apple Cash) when making a purchase and/or personalizing the applet (e.g. by adding a new card or modifying an existing card).
`
`6
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 8 of 119
`
`Claim
`
`Apple Accused Products
`
`iOS Security White Paper at 48.
`
`
`
`
`7
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 9 of 119
`
`Claim
`
`Apple Accused Products
`
`
`https://support.apple.com/guide/security/secure-element-and-nfc-controller-seccb53a35f0/web
`
`8
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 10 of 119
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`Claim
`
`See also:
`
`Apple Accused Products
`
`
`
`9
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 11 of 119
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`Claim
`
`Apple Accused Products
`https://www.yumpu.com/en/document/read/54554964/an-analysis-of-apple-pay at 6-7.
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`10
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 12 of 119
`
`
`https://support.apple.com/guide/security/apple-pay-component-security-sec2561eb018/web
`
`11
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 13 of 119
`
`Claim
`
`Apple Accused Products
`For example, the on information and belief, the SN210 of the Accused iPhone 13 Pro includes hardware and software components for emulating a payment
`card when interacting with a card reader. For example, upon information and belief, the SN210 includes substantially similar card emulation functionality to
`that of the NXP PN553, for which a datasheet is publicly available:
`
`
`
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`12
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 14 of 119
`
`Claim
`
`Apple Accused Products
`
`PN553 Data sheet at 1
`
`
`13
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 15 of 119
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`Claim
`
`Apple Accused Products
`
`
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`14
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 16 of 119
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`Claim
`
`Apple Accused Products
`
`PN553 Datasheet at 108
`
`
`PN553 Datasheet at 133.
`
`See also:
`
`
`
`15
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 17 of 119
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`Claim
`
`Apple Accused Products
`
`
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`16
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 18 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`
`For example, the memory of the Accused iPhone 13 Pro is further pre-loaded with software that emulates a payment card.
`For example, the emulator of the iPhone 13 Pro is configured to execute a request from an e-purse applet, such as a payment card applet, within an e-purse
`such as Apple Pay, and to provide a response that applet is configured to expect. For example, the emulator of the Accused iPhone 13 Pro is configured to
`execute a request from a chosen payment or loyalty card applet when making a purchase and/or personalizing the applet (e.g. by adding a new card), and is
`configured to provide a response the payment card applet is configured to expect.
`For example, this functionality is shown in log files captured from an iPhone 13 during a contactless purchase transaction:
`Activity during NFC contactless purchase transaction (excerpted from AP-Amex-Pay-Foodies.log)
`
`17
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 19 of 119
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`Claim
`
`Apple Accused Products
`
`18
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 20 of 119
`
`Claim
`
`Apple Accused Products
`
`
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`Every Accused Product performs a method wherein the portable device includes a memory space loaded with a midlet that is configured to facilitate
`communication between the e-purse applet and a payment server over a wireless network.
`
`1[b] the portable device
`including a memory space
`loaded with a midlet that is
`configured to facilitate
`
`19
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 21 of 119
`
`Claim
`communication between
`the e-purse Applet and a
`payment server over a
`wireless network,
`
`Apple Accused Products
`For example, the iPhone 13 Pro includes a memory space, such as RAM, ROM, Flash, EEPROM, and/or permanent storage (e.g. a hard drive or solid state
`drive) loaded with a midlet, such as software components of the Apple Pay application, Passkit, and/or associated frameworks, daemons, and drivers (e.g. the
`PassKit Framework, Nearfield framework, nfc daemon, seld daemon, and/or pass daemon).
`
`20
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 22 of 119
`
`Claim
`
`Apple Accused Products
`
`https://www.yumpu.com/en/document/read/54554964/an-analysis-of-apple-pay at 6-7.
`
`
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`21
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 23 of 119
`
`Claim
`
`Apple Accused Products
`For example, Apple Pay and/or Apple Wallet includes a midlet configured to facilitate communication between the e-purse Applet and a payment server
`over a wireless network. For example, software components of Apple Pay and/or Apple Wallet, such as PassKit and/or related frameworks, daemons and
`drivers facilitate communication between applets associated with payment cards and a payment server (e.g. a server associated with Apple, an associated
`token service providers (TSPs), an associated trusted service managers (TSMs), and/or other vendor or financial institution), as demonstrated in the below
`log files which show activity while adding a card to Apple Pay and during an NFC contactless purchase transaction:
`Activity while adding a card (excerpted from AP-AMEX-Add.log; see also AP-Apple-Cash-Add.log, AP-Clipper-Add-and-Fund.log):
`
`
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`22
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`

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`Claim
`
`Apple Accused Products
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`23
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 25 of 119
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`Claim
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`Apple Accused Products
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`24
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 26 of 119
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`Claim
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`Apple Accused Products
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`25
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 27 of 119
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`Claim
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`Apple Accused Products
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`26
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 28 of 119
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`Claim
`
`
`
`Apple Accused Products
`
`Activity during NFC contactless purchase transaction (excerpted from AP-Amex-Pay-Foodies.log)
`
`27
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 29 of 119
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`Claim
`
`Apple Accused Products
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`28
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 30 of 119
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`Claim
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`Apple Accused Products
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`29
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 31 of 119
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`Claim
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`Apple Accused Products
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`30
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`

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`Claim
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`Apple Accused Products
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`31
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 33 of 119
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`Claim
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`Apple Accused Products
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`32
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 34 of 119
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`Claim
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`Apple Accused Products
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`33
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 35 of 119
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`Claim
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`Apple Accused Products
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`34
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 36 of 119
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`Claim
`
`
`
`Apple Accused Products
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`35
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 37 of 119
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`Claim
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`Apple Accused Products
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`36
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 38 of 119
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`Claim
`
`Apple Accused Products
`
`
`Activity during a payment transaction to fund a Clipper card (excerpted from AP-Clipper-Add-and-Fund.log):
`
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`37
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 39 of 119
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`Claim
`
`Apple Accused Products
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`38
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 40 of 119
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`Claim
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`Apple Accused Products
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`39
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 41 of 119
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`Claim
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`Apple Accused Products
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`40
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 42 of 119
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`Claim
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`Apple Accused Products
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`41
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 43 of 119
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`Claim
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`Apple Accused Products
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`42
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 44 of 119
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`Claim
`
`Apple Accused Products
`
`See also iOS Security White Paper at 48-57.
`
`For example, the midlet comprising Apple Pay may further comprise NFC middleware and/or an API configured to facilitate communication between a card
`applet and an Apple payment server.
`
`For example, when the portable device including a smart card is used in a transaction and/or used to personalize an applet (e.g. add a payment card applet),
`the midlet (e.g. the Apple Pay app or portions thereof) facilitates communication between an e-purse applet and a payment server, such as a payment server
`associated with Apple, a merchant, a vendor, and/or with the financial institution identified on the payment card Applet.
`
`For example, a trusted service manager service facilitates communication between an e-purse applet (e.g. payment card applet) and a payment server, such as
`a server of the financial institution associated with the payment card applet.
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[c] wherein the e-purse
`Applet is downloaded and
`installed in the smart card
`when the smart card is in
`
`Every Accused Product performs a method wherein the e-purse Applet is downloaded and installed in the smart card when the smart card is in
`communication with the payment server.
`Every Apple Product downloads and installs e-purse Applets (e.g. applets associated with credit cards, debit cards, loyalty cards, transit cards, and/or Apple
`Cash) in the smart card (e.g. a module containing an NFC controller and secure element, and/or processor and associated memory) when a card is added to
`
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 45 of 119
`
`Claim
`communication with the
`payment server,
`
`Apple Accused Products
`Apple Pay and/or Apple Wallet. Every Accused Product performs downloading and installation when the smart card is in communication with the payment
`server (e.g. financial institution and/or Apple payment server, such as an Apple Pay server, TSP server, and/or TSM server). For example, this functionality
`is demonstrated by the below log excerpts.
`Activity while adding a card (excerpted from AP-AMEX-Add.log; see also AP-Apple-Cash-Add.log, AP-Clipper-Add-and-Fund.log):
`
`
`
`44
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 46 of 119
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`Claim
`
`Apple Accused Products
`
`45
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 47 of 119
`
`Claim
`
`Apple Accused Products
`
`46
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 48 of 119
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`Claim
`
`Apple Accused Products
`
`47
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 49 of 119
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`Claim
`
`Apple Accused Products
`
`48
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 50 of 119
`
`Claim
`
`Apple Accused Products
`
`For example, payment card applets are installed in a secure element of an NFC module, and/or in other memory (e.g. a memory discussed above at claim
`1[b]).
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`49
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`Claim
`
`Apple Accused Products
`
`
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`50
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 52 of 119
`
`Claim
`
`Apple Accused Products
`
`SE050 Data Sheet at 5. 2
`For example, upon information and belief, the Accused Products configure an NFC module with payment card applets while in communication with a
`payment server.
`For example, upon information and belief, e-purse applets are further dynamically installed into memory of a smart card (e.g. RAM of a smart card) when
`Apple Pay is opened and/or when a corresponding card is selected. An downloading an e-purse applet
`To the extent that Apple contends that e-purse applets are pre-loaded (e.g. loaded when Apple Pay is pre-loaded onto a phone), and/or that applets are not
`downloaded an installed in a smart card in a host card emulation (HCE) based implementation, RFCyber contends that this limitation is satisfied both
`literally, as discussed above, and equivalently. For example, there would be an insubstantial difference between downloading the executable code of an
`applet from an Apple store server rather than an Apple Pay, TSP, and/or TSM server, as in either case, the applet is downloaded from a trusted source under
`the control of Apple, and because data structures necessary to enable the applet (e.g. tokens) are downloaded from an Apple Pay, TSP, and/or TSM server.
`For example, on information and belief, any allegedly pre-installed applet is dynamically installed into memory (e.g. when Apple Pay is in use and/or when a
`corresponding card is selected in Apple Pay or Apple Wallet), and personalized while in communication with a payment server (e.g. an Apple, TSM, or TSP
`server), as discussed below.
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`Every Accused Product performs a method wherein the portable device further includes a contactless interface that facilitates communication between the e-
`purse Applet in the smart card and the payment server over a wired network
`For example, the iPhone 13 Pro further includes an NFC interface that facilitates communication between the e-purse Applet in the smart card and the
`payment server over a wired network, such as via an NFC card reader and/or POS system.
`For example, the iPhone 13 Pro (e.g. the NFC Module) comprises a contactless interface, such as an NFC antenna, NFC controller, and/or secure element.
`
`1[d] the portable device
`further includes a
`contactless interface that
`facilitates communication
`between the e-purse Applet
`in the smart card and the
`payment server over a
`wired network;
`
`
`2 On information and belief, the NXP SE050 is representative of the secure elements in the Accused Products for purposes of these contentions.
`
`51
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`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 53 of 119
`
`Claim
`
`Apple Accused Products
`
`iOS Security White Paper at 48.
`
`
`
`52
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 54 of 119
`
`Claim
`
`Apple Accused Products
`
`iOS Security White Paper at 51.
`
`iOS Security White Paper at 52.
`
`53
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 55 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`See also:
`
`
`
`54
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 56 of 119
`
`Claim
`
`Apple Accused Products
`
`
`For example, the contactless interface of the iPhone 13 Pro facilitates communication between the e-purse applet in the smart card and a payment server,
`such as an Apple Pay server, TSP server, TSM server, issuer server, merchant or vendor server, and/or web or application server(s) connected thereto:
` Activity during NFC contactless purchase transaction (excerpted from AP-Amex-Pay-Foodies.log)
`
`55
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`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 57 of 119
`
`Claim
`
`Apple Accused Products
`
`56
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`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 58 of 119
`
`Claim
`
`Apple Accused Products
`
`57
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 59 of 119
`
`Claim
`
`Apple Accused Products
`
`58
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 60 of 119
`
`Claim
`
`Apple Accused Products
`
`
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[e] personalizing the e-
`purse applet by reading off
`data from the smart card to
`generate in the smart card
`one or more operation keys
`that are subsequently used
`to establish a secured
`channel between the e-
`purse applet and an e-purse
`security authentication
`module (SAM) external to
`the smart card,
`
`Every Accused Product performs a method of personalizing the e-purse applet by reading off data from the smart card to generate in the smart card one or
`more operation keys that are subsequently used to establish a secured channel between the e-purse applet and an e-purse security authentication module
`(“SAM”) external to the smart card.
`For example, the iPhone 13 Pro performs a method of personalizing the e-purse applet (e.g. an applet corresponding with a credit card, debit card, transit
`card, loyalty card, Apple Cash, or other payment card) when provisioning a card to Apple Pay and/or Apple Wallet. For example the Accused Products read
`off data from the smart card, (e.g. by reading a device account number or secure element ID (aka “SEID”) off of a secure element, or other identifier or
`certificate off of the smart card), to generate one or more operation keys, such as an SSID, Virtual Card ID, Secure Element ID, Security Domain key,
`certificate, and/or a session key, that are subsequently used to establish a secured connection between the e-purse applet and an e-purse SAM external to the
`smart card (e.g. a hardware security module, vault, and/or software security module of an Apple Pay, TSM, TSP server, issuer server, and/or a web or
`application server connected thereto).
`
`59
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`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 61 of 119
`
`Claim
`
`Apple Accused Products
`
`iOS Security White Paper at 48.
`
`
`
`60
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 62 of 119
`
`Claim
`
`Apple Accused Products
`
`iOS Security White Paper at 49.
`
`
`
`61
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 63 of 119
`
`iOS Security White Paper at 49.
`
`
`
`62
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 64 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`
`
`iOS Security White Paper at 49-50.
`
`63
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 65 of 119
`
`Claim
`
`See also:
`
`Apple Accused Products
`
`
`
`64
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 66 of 119
`
`Claim
`
`Apple Accused Products
`
`iOS Security White Paper at 15.
`
`
`
`
`65
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 67 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`66
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 68 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`67
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 69 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`
`
`68
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 70 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`69
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 71 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`70
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 72 of 119
`
`Claim
`
`Apple Accused Products
`
`
`
`71
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 73 of 119
`
`Claim
`
`Apple Accused Products
`
`https://www.yumpu.com/en/document/read/54554964/an-analysis-of-apple-pay at 13-25.
`See also:
`
`
`
`72
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 74 of 119
`
`Claim
`
`Apple Accused Products
`Activity during NFC contactless purchase transaction (excerpted from AP-Amex-Pay-Foodies.log)
`
`73
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 75 of 119
`
`Claim
`
`Apple Accused Products
`
`74
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 76 of 119
`
`Claim
`
`Apple Accused Products
`
`75
`
`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 77 of 119
`
`Claim
`
`Apple Accused Products
`
`For example, the secure key(s) are subsequently used to establish a secured channel (e.g. a security domain, secured session, and/or other channel or session
`protected by keys) between the e-purse applet (e.g. payment card Applet) and an e-purse security authentication module external to the smart card, such as a
`SAM behind a payment server (e.g. an HSM, vault, or software-based security authentication module behind an Apple Pay, TSP, TSP, and/or issuer server,
`or application and/or web server(s) connected thereto).
`See also claim element 1[c], discussing communication facilitated between a smart-card applet and a payment server.
`For example, the NXP SE050 secure element includes MIFARE SAM functionality which, upon information and belief, is implemented in the Accused
`Products.
`
`SE050 Data Sheet at 8.
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`
`
`
`76
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`

`

`Case 6:21-cv-00916-ADA-DTG Document 94 Filed 08/16/22 Page 78 of 119
`
`Claim
`
`1[f] wherein said
`personalizing the e-purse
`applet comprises:
`establishing an initial
`security channel between
`the smart card and the e-
`purse SAM to install and
`personalize the e-purse
`applet in the smart card,
`and
`
`Apple Accused Products
`
`Every Accused Apple Product performs a method wherein said personalizing the e-purse applet comprises establishing an initial security channel between
`the smart card and the e-purse SAM to install and personalize the e-purse applet in the smart card.
`For example, the Accused iPhone 13 Pro personalizes e-purse Applets (e.g. payment card Applets) with a method comprising establishing an initial security
`channel (such as a security domain) between the smart card, and the e-purse SAM on or behind such as a security module located behind a payment server or
`a Apple payment server (e.g. a SAM of an Apple Pay server, TSP server, TSM server, or application and/or web server(s) connected thereto), to install and
`personalize the payment card applet in the smart card. For example, upon information and belief, e-purse applets are personalized and installed in the smart
`card during provisioning, and/or dynamically installed in memory of the smart card when selected or activated through Apple Pay and/or Apple Wallet.
`See Activity while adding a card (excerpted from AP-AMEX-Add.log; see also AP-Apple-Cash-Add.log, AP-Clipper-Add-and-Fund.log):
`
`
`
`77
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`

`Case 6:21-cv-00916-ADA-DTG Document 94 Fil