Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 1 of 34
`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 1 of 34
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`EXHIBIT E
`EXHIBIT E
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 2 of 34
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`Appendix E – Claim Chart for US Patent No. 10,600,046 Against Accused Apple Products - CONFIDENTIAL
`
`Based on information presently available, RFCyber Corp. (“RFCyber”) contends that Defendant Apple Inc. (“Apple” or “Defendant”) infringes claims 1, 2, and 5 (the “Asserted
`Claims”) of U.S. Patent No. 10,600,046 (the “’046 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 POS systems,
`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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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 3 of 34
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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 ʼ046 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 Element
`
`Support
`
`1. A method for mobile
`payment, the method
`comprising:
`
`Every Accused Product performs a method for mobile payment.
`
`For example, the Accused Apple iPhone 13 Pro performs a method of mobile payment, such as mobile payment effected at least in part through Apple Pay
`and/or Apple Cash.
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`

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`Claim Element
`
`Support
`
`https://support.apple.com/en-us/HT207886
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 5 of 34
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`Claim Element
`
`Support
`
`https://support.apple.com/en-us/HT207886
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`
`
`1[A]. causing a mobile
`device to capture data
`directly from a tag
`physically presented
`thereto, wherein the tag
`receives the data directly
`
`Every Accused Product performs a method of causing a mobile device to capture data directly from a tag physically presented thereto, wherein the tag
`receives the data directly from a POS device and allows the mobile device to capture the data, the data embedded in the tag includes an electronic invoice
`and settlement information with a merchant associated with the POS device.
`
`For example, Apple Pay and Apple Cash cause a mobile device, such as the Apple iPhone 13 Pro, to capture data directly from a tag physically presented
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 6 of 34
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`Support
`thereto, such as an NFC tag of a POS equipped cash register. For example, the Apple Pay and Apple Cash cause a mobile device with an NFC module to
`capture data from a POS system:
`
`Claim Element
`from a POS device and
`allows the mobile device to
`capture the data, the data
`embedded in the tag
`includes an electronic
`invoice and settlement
`information with a
`merchant associated with
`the POS device;
`
`
`
`https://www.techinsights.com/blog/teardown/apple-iphone-13-pro-teardown
`For example, upon information and belief, the SN210 includes substantially similar functionality to the PN547:
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 7 of 34
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`Claim Element
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`Support
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 8 of 34
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`Claim Element
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`Support
`
`Ex. A – NXP PN547 Near Field Communication (NFC) Datasheet
`
`See also:
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`Claim Element
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`Support
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 10 of 34
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`Claim Element
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`Support
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`
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`For example, the data embedded in the tag includes an electronic invoice, such as a request for payment from the mobile payment application of the mobile
`device or C-APDU, and settlement information with a merchant associated with the POS device, such as a primary account number, Bank ID, SEID, AID,
`sequence and/or tokenized information.
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 11 of 34
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`Claim Element
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`Support
`
`1[B]. extracting the
`electronic invoice from the
`captured data in the mobile
`device;
`
`Every Accused Product performs a method of extracting the electronic invoice from the captured data in the mobile device.
`
`For example, Apple Pay and Apple Cash extract the electronic invoice from data captured by the mobile device, such as a payment amount.
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 12 of 34
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`Claim Element
`
`Support
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`https://support.apple.com/apple-cash
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`https://support.apple.com/en-us/HT207875
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 13 of 34
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`Claim Element
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`Support
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`https://support.apple.com/en-us/HT207875
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 14 of 34
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`Claim Element
`
`Support
`
`https://www.digitaltrends.com/mobile/apple-pay-and-mobile-payments/
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 15 of 34
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`Claim Element
`
`Support
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[C]. displaying the
`electronic invoice on a
`display of the mobile
`device to show an amount
`to be paid by a user of the
`mobile device, wherein the
`mobile device is
`configured to execute an
`installed application
`therein to capture the data
`from the tag;
`
`Every Accused Product performs a method of displaying the electronic invoice on a display of the mobile device to show an amount to be paid by a user of
`the mobile device, wherein the mobile device is configured to execute an installed application therein to capture the data from the tag.
`
`For example, Apple Pay and Apple cash display an electronic invoice on the screen of a smartphone and/or POS system to show the amount to be paid by a
`user.
`See Support for claim 1[b].
`
`For example, display of an invoice on a POS during a contactless transaction system both literally and equivalently satisfies this limitation, as there is at
`most an insubstantial difference between displaying an invoice on a mobile phone or mobile POS system while the two are in communication over a
`contactless interface, and because display on a POS system serves the same function, in the same way, with the same result.
` For example, a smart phone and/or smart watch is configured to execute such an application, alone and in combination with a payment card applet, to
`capture the data from the tag, such as data recorded in a transaction log.
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 16 of 34
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`Claim Element
`
`Support
`
`https://support.apple.com/en-us/HT207883
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`
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`1[D]. receiving an entry by Every Accused Product performs a method of receiving an entry by the mobile device, the entry including the amount for the invoice and optionally an
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 17 of 34
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`Claim Element
`the mobile device, the
`entry including the amount
`for the invoice and
`optionally an additional
`amount from the user;
`
`1[E]. calculating a total
`amount by adding the
`additional amount to the
`amount in the electronic
`invoice;
`
`Support
`
`additional amount from the user.
`For example, Apple Pay and Apple Cash receive an entry by the mobile device, the entry including the amount of the invoice and optionally an additional
`amount from the user, such as a tip entered at a POS terminal. See support for 1[C].
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`Every Accused Product performs a method of calculating a total amount by adding the additional amount to the amount in the electronic invoice.
`
`For example, Apple Pay and Apple Cash calculate a total amount to be paid and recorded by adding an amount of taxes (e.g. sales tax) and/or tips to the
`amount in the electronic invoice.
`
`
`https://www.uspaymentsforum.org/wp-content/uploads/2017/03/Tip-Guidelines-FINAL-March-2017.pdf
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 18 of 34
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`Claim Element
`
`
`See also:
`
`Support
`
`https://squareup.com/help/us/en/article/6540-square-terminal-payments-faq
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 19 of 34
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`Claim Element
`
`Support
`https://squareup.com/help/us/en/article/6540-square-terminal-payments-faq
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[F]. generating a payment
`request in the mobile
`device in response to the
`electronic invoice after the
`user has chosen an
`electronic purse ( e-purse)
`maintained locally in the
`mobile device;
`
`Every Accused Product performs a method of generating a payment request in the mobile device in response to the electronic invoice after the user has
`chosen an electronic purse (e-purse) maintained locally in the mobile device.
`
`For example, Apple Pay and Apple Cash generate a payment request in the mobile device, such as within a smart card module after the user has chosen an
`electronic purse (e.g. Apple Pay or Apple Cash) maintained locally in the mobile device. For example, given selection of a payment or membership card
`applet within the electronic purse, the applet generates payment data (e.g. a payment bundle, payment token, and/or payment keys).
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 20 of 34
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`Claim Element
`
`Support
`
`iOS Security White Paper at 50.
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 21 of 34
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`Claim Element
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`Support
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`iOS Security White Paper at 51.
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 22 of 34
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`Claim Element
`
`Support
`
`iOS Security White Paper at 51.
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 23 of 34
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`Claim Element
`
`Support
`
`iOS Security White Paper at 52.
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 24 of 34
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`Claim Element
`
`Support
`
`iOS Security White Paper at 52.
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 25 of 34
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`Claim Element
`
`Support
`
`iOS Security White Paper at 54.
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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 26 of 34
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`Claim Element
`
`Support
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[G]. displaying the
`electronic invoice on the
`display of the mobile
`device for the user to
`verify the payment request
`
`Every Accused Product performs a method of displaying the electronic invoice on the display of the mobile device for the user to verify the payment
`request.
`For example, Apple Pay and Apple Cash display the electronic invoice on the display of a mobile device, such as a smartphone or smart watch, for the user
`to verify the payment request, such as by actuating a payment button, entering a PIN or other security information, or tapping the device to effect payment.
`See support for claim 1[b]-[c].
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[H]. verifying the total
`amount with a balance in
`the e-purse, wherein said
`verifying the total amount
`with a balance in the e-
`purse is performed within
`the mobile device without
`sending the payment
`request to a payment
`gateway;
`
`Every Accused Product performs a method of verifying the total amount with a balance in the e-purse, wherein said verifying the total amount with a
`balance in the e-purse is performed within the mobile device without sending the payment request to a payment gateway.
`
`For example, Apple Pay and Apple Cash verify the total amount with a balance in the e-purse, such as a balance of existing funds, a balance of available
`credit, and/or transaction limit or value limit associated with a limited use key or ATC, wherein said verifying is performed within the mobile device
`without sending the payment request to a payment gateway, such as by verifying a balance of available funds stored in the secure element of a smart card
`module.
`For example, Apple Pay Cash displays a balance in the e-purse:
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`

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`Claim Element
`
`Support
`
`
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`

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`Claim Element
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`
`
`Support
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`1[I]. displaying a denial of
`the payment request when
`the balance is less than the
`total amount;
`
`Every Accused Product performs a method of displaying a denial of the payment request when the balance is less than the total amount.
`
`For example, if the balance of funds associated with a given payment and/or membership card within Apple Pay or Apple Cash is less than the total
`amount, the application displays a denial of the payment request, such as an error message or a payment declined message, and/or causes display of a
`denial on a POS device. See e.g. https://discussions.apple.com/thread/250704455; https://discussions.apple.com/thread/251099811;
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`1[J]. sending the payment
`request from the mobile
`device to the payment
`gateway, wherein the
`balance is sufficient to
`honor the payment request,
`the payment gateway sends
`a message directly to the
`POS device that a
`monetary transaction per
`the payment request sent
`from the mobile device has
`been successfully
`completed; and
`
`Every Accused Product performs a method of sending the payment request from the mobile device to the payment gateway, wherein the balance is
`sufficient to honor the payment request, the payment gateway sends a message directly to the POS device that a monetary transaction per the payment
`request sent from the mobile device has been successfully completed.
`
`For example, Apple Pay and Apple Cash send the payment request from the mobile device to the payment gateway such as a Apple server, issuer server,
`merchant or vendor server, and/or web or application server(s) connected thereto:
`
`For example, where there is sufficient balance in a given payment card of Apple Pay or Apple Cash, such as funds and or credit available based on a value
`in a secure element, the payment gateway (e.g. Apple pay application server, TSM server, TSP server, issuer server, merchant or vendor server, and/or web
`or application server(s) connected thereto) sends a message directly to the POS device that a monetary transaction has been completed.
`
`iOS Security White Paper at 47.
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`

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`Claim Element
`
`Support
`
`
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`
`1[K]. displaying a
`confirmation in the mobile
`device that the balance in
`the e-purse has been
`reduced by the total
`amount.
`
`Every Accused Product performs a method of displaying a confirmation in the mobile device that the balance in the e-purse has been reduced by the total
`amount.
`For example, Apple Pay and Apple Cash display a confirmation in a mobile device (e.g. a smartphone or smart watch) that the balance in the e-purse has
`been reduced by the total amount, such a display confirming that a purchase was successful and/or a transaction log displaying the balance of previous
`purchases.
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 30 of 34
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`Claim Element
`
`Support
`
`
`https://support.apple.com/guide/iphone/use-apple-cash-iph385cf0980/ios
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`2. The method as recited
`in claim 1, wherein said
`causing a mobile device to
`capture data directly from
`a tag physically presented
`
`Every Accused Product performs a method wherein said causing a mobile device to capture data directly from a tag physically presented thereto includes
`placing the mobile device near the tag.
`
`For example, Apple Pay and Apple Cash require that a mobile device (such as a iPhone 13 Pro) be placed near the tag (such as the NFC tag on a POS
`
`

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`Claim Element
`thereto includes placing the
`mobile device near the tag.
`
`device) to capture data from the tag in contactless transactions.
`
`Support
`
`https://www.digitaltrends.com/mobile/apple-pay-and-mobile-payments/
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`

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`Claim Element
`
`Support
`
`
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`Every Accused Product performs a method of causing the mobile device to execute an installed module upon detecting the POS device in a near field of the
`mobile device, wherein the installed module is executed to receive the data directly from the tag carrying the electronic invoice and the settlement
`information.
`For example, the iPhone 13 Pro executes an installed module (such as Apple Pay and/or portions of Apple Pay, or NFC communication firmware) upon
`detecting the POS device in a near field of the mobile device. The installed module is execute to receive the data (such as the amount and other electronic
`invoice and settlement information) directly from the tag carrying the electronic invoice and settlement information.
`
`5. The method as recited
`in claim 1 further
`comprising: causing the
`mobile device to execute
`an installed module upon
`detecting the POS device
`in a near field of the
`mobile device, wherein the
`installed module is
`executed to receive the
`data directly from the tag
`carrying the electronic
`invoice and the settlement
`information.
`
`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 33 of 34
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`Claim Element
`
`Support
`
`https://www.digitaltrends.com/mobile/apple-pay-and-mobile-payments/
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`
`
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`

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`Case 6:21-cv-00916-ADA-DTG Document 94-4 Filed 08/16/22 Page 34 of 34
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`Claim Element
`
`Support
`RFCyber may supplement these contentions, including once access to relevant documents and/or source code is provided.
`
`
`
`