EXHIBIT B 

 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 1 of 71
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

NEONODE SMARTPHONE LLC,

Plaintiff, 

v. 

APPLE INC. 

Defendants. 

Civil Action No. 6:20-cv-00505-ADA

JURY TRIAL DEMANDED 

PLAINTIFF’S PRELIMINARY DISCLOSURE OF INFRINGEMENT 

CONTENTIONS AND PRIORITY DATES 

Pursuant to the Court’s Order Governing Proceedings – Patent Case (“OGP”) 

served on October 6, 2020 (Dkt. No. 16), Plaintiff Neonode Smartphone LLC 

(“Plaintiff”) hereby serves on Defendant Apple Inc. (“Defendant”) charts setting forth 

where in the accused products each element of the asserted claims are found (Exhibit 

A), and the earliest priority date for each asserted claim (Exhibit B). 

Plaintiff’s disclosure of Preliminary Infringement Contentions is based on 

Plaintiff’s knowledge as of the date of this disclosure. In addition, these Contentions 

and disclosures are based in part on reasonable inferences concerning the present and 

past functionality of the accused devices based on the information presently reasonably 

available to Plaintiff. Plaintiff, accordingly, reserves the right to amend or supplement 

these disclosures as additional relevant information becomes available to Plaintiff. In 

addition, the identification of specific examples of infringing structure or functionality 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 2 of 71
2 

in Plaintiff’s Preliminary Infringement Contentions should not be deemed or understood 

to limit the scope of Plaintiff’s Contentions to only the exemplary structure or 

functionality. 

Plaintiff’s obligation to produce information and documents is limited to 

materials in its possession, custody or control. Additional information, documents and 

other materials may be produced in discovery in this matter that are probative of 

infringement, and of the priority date and conception and reduction to practice, of the 

patents in suit. Plaintiff, therefore, reserves its right to amend or supplement this 

Preliminary Disclosure of Infringement Contentions and Priority Dates, and production 

of documents, in light of such later-produced information and materials. 

DATED: October 16, 2020 Respectfully submitted, 

By: /s/ Philip J. Graves 

Philip J. Graves (CA State Bar No. 153441) 

HAGENS BERMAN SOBOL SHAPIRO LLP 

301 North Lake Avenue, Suite 920 

Pasadena, CA 91101 

Telephone: (213) 330-7147 

Facsimile: (213) 330-7152 

Email: philipg@hbsslaw.com

Greer N. Shaw (CA State Bar No. 197960) 

HAGENS BERMAN SOBOL SHAPIRO LLP 

301 North Lake Avenue, Suite 920 

Pasadena, CA 91101 

Telephone: (213) 330-7150 

Facsimile: (213) 330-7152 

Email: greers@hbsslaw.com 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 3 of 71
3 

Craig D. Cherry 

State Bar No. 24012419 

ccherry@haleyolson.com 

Justin W. Allen 

State Bar No. 24081977 

jallen@haleyolson.com 

HALEY & OLSON, P.C. 

100 N. Ritchie Road, Suite 200 

Waco, Texas 76712 

913 Franklin Ave., Suite 201 

Waco, Texas 76701 

Telephone: (254) 776-3336 

Facsimile: (254) 776-6823 

Counsel for Plaintiff Neonode Smartphone LLC

 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 4 of 71
4 

EXHIBIT A 

 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 5 of 71
1 

PRELIMINARY INFRINGEMENT CONTENTIONS – APPLE - 1 

U.S. PATENT NO. 8,095,879 

Claim Evidence

1[p]: A non- transitory 

computer readable 

medium storing a 

computer program with 

computer program code, 

which, when read by a 

mobile handheld 

computer unit, allows the 

computer to present a 

user interface for the 

mobile handheld 

computer unit, the user 

interface comprising: 

The Accused Devices1 and Accused Devices (3PA)2include a non- transitory computer readable medium (a flash 

memory), storing program code which, when read by the processor incorporated into the Accused Devices, 

allows the devices to present a user interface. 

 

1

 The “Accused Devices” include all Apple mobile devices sold with iOS 13 or iPadOS (as well as later versions of iOS or iPadOS) loaded onto the device, as well 

as all devices to which iOS 13 or iPadOS (as well as later versions of iOS or iPadOS) have been downloaded. As of 10/2020, models that support iOS 13 or 

iPadOS include iPhone SE, iPhone 6s Plus, iPhone 6s, 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), iPad Air 2, iPad Air (3d generation), iPad mini 4, iPad (5th, 6

th generation), iPad mini (5th

generation), iPad Pro (1st, 2nd, 3rd, 4th generation). Plaintiff has not yet been able to obtain information concerning subsequent models of iPhone and iPad 

products sufficient to enable it to determine whether such products infringe the ‘879 Patent, and on that basis reserves its right to supplement or amend these 

contentions to address infringement by such products. 

2

 The “Accused Devices (3PA)” include all Apple mobile devices running iOS 8 and later versions of iOS, iPadOS or WatchOS, and to which a Third Party SwipeTyping Keyboard App (defined below) has been downloaded. Apple devices supporting iOS 8 and subsequent versions of iOS and iPadOS include the iPhone 

4S, iPhone 5, iPhone 5C, iPhone 5S, iPhone 6, iPhone 6 Plus, iPhone SE, iPhone 6s, iPhone 6s Plus, 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), iPad Air 2, iPad Air (3d generation), iPad mini 4, 

iPad mini (5th generation), iPad (5th, 6th, 7th generations), and iPad Pro (1st, 2nd, 3rd, 4th generations), and Apple Watch. Plaintiff has not yet been able to 

obtain information concerning subsequent models of iPhone and iPad products sufficient to enable it to determine whether such products infringe the ‘879 

Patent, and on that basis reserves its right to supplement or amend these contentions to address infringement by such products. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 6 of 71
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The iPhone 4S,3iPhone 5,4iPhone 5C,5iPhone 5S,6iPhone 6,7iPhone 6 Plus,8iPhone SE,9iPhone 6s,10 iPhone 6s 

Plus,11 iPhone 7,12 iPhone 7 Plus,13 iPhone 8,14 iPhone 8 Plus,15 iPhone X,16 iPhone XR,17 iPhone XS,18 iPhone XS 

 

3

 8, 16, 32, or 64 GB flash memory. iPhone 4S, Wikipedia, https://en.wikipedia.org/wiki/IPhone_4S; iPhone 4S Teardown 

https://www.ifixit.com/Teardown/iPhone+4S+Teardown/6610 (Toshiba THGVX1G7D2GLA08 16 GB 24 nm MLC NAND flash). 

4

 16, 32 or 64 GB flash memory. iPhone 5, Wikipedia, https://en.wikipedia.org/wiki/IPhone_5; iPhone 5 Teardown, 

https://www.ifixit.com/Teardown/iPhone+5+Teardown/10525 (Hynix H2JTDG2MBR 128 Gb (16 GB) NAND flash). 

5

 8, 16, 32 GB flash memory. iPhone 5C, Wikipedia, https://en.wikipedia.org/wiki/IPhone_5C; iPhone 5C Teardown, 

https://www.ifixit.com/Teardown/iPhone+5c+Teardown/17382 (Toshiba THGBX2G7B2JLA01 128 Gb (16 GB) NAND flash). 

6

 16, 32, 64 GB flash memory. iPhone 5S, Wikipedia, https://en.wikipedia.org/wiki/IPhone_5S; iPhone 5S Teardown, 

https://www.ifixit.com/Teardown/iPhone+5s+Teardown/17383 (SK Hynix H2JTDG8UD3MBR 128 Gb (16 GB) NAND Flash). 

7

 16, 32, 64, 128 GB flash memory. iPhone 6, Wikipedia, https://en.wikipedia.org/wiki/IPhone_6; iPhone 6 Teardown, 

https://www.ifixit.com/Teardown/iPhone+6+Teardown/29213 (SanDisk SDMFLBCB2 128 Gb (16 GB) NAND Flash). 

8

 16, 64, 128 GB flash memory. iPhone 6 Plus, Wikipedia, https://en.wikipedia.org/wiki/IPhone_6; iPhone 6 Plus Teardown, 

https://www.ifixit.com/Teardown/iPhone+6+Plus+Teardown/29206 (SK Hynix H2JTDG8UD1BMS 128 Gb (16 GB) NAND Flash). 

9

 16, 32, 64 or 128 GB flash memory. iPhone SE (1st generation), Wikipedia, https://en.wikipedia.org/wiki/IPhone_SE_(1st_generation); iPhone SE Teardown, 

https://www.ifixit.com/Teardown/iPhone+SE+Teardown/60902 (Toshiba THGBX5G7D2KLDXG 16 GB NAND Flash). 

10 16, 32, 64, or 128 GB flash memory. iPhone 6s, Wikipedia, https://en.wikipedia.org/wiki/IPhone_6S; iPhone 6s Teardown, 

https://www.ifixit.com/Teardown/iPhone+6s+Teardown/48170 (Toshiba THGBX5G7D2KLFXG 16 GB 19 nm NAND Flash). 

11 16, 32, 64, or 128 GB flash memory. iPhone 6s Plus, Wikipedia, https://en.wikipedia.org/wiki/IPhone_6S; iPhone 6s Plus Teardown, 

https://www.ifixit.com/Teardown/iPhone+6s+Plus+Teardown/48171 (SK Hynix H23QDG8UD1ACS 16 GB NAND Flash). 

12 32, 128, or 256 GB flash memory. iPhone 7, Wikipedia, https://en.wikipedia.org/wiki/IPhone_7; iPhone 7 Teardown, 

https://www.ifixit.com/Teardown/iPhone+7+Teardown/67382 (SK Hynix H23QEG8VG2ACS 32 GB Flash). 

13 32, 128, or 256 GB flash memory. iPhone 7 Plus, Wikipedia, https://en.wikipedia.org/wiki/IPhone_7; iPhone 7 Plus Teardown, 

https://www.ifixit.com/Teardown/iPhone+7+Plus+Teardown/67384 (Toshiba THGBX6T0T8LLFXF 128 GB NAND Flash). 

14 64, 128, or 256 GB flash memory. iPhone 8, Wikipedia, https://en.wikipedia.org/wiki/IPhone_8; iPhone 8 Teardown, 

https://www.ifixit.com/Teardown/iPhone+8+Teardown/97481 (Toshiba TSBL227VC3759 64 GB NAND flash storage). 

15 64, 128, or 256 GB flash memory. iPhone 8 Plus, Wikipedia, https://en.wikipedia.org/wiki/IPhone_8; iPhone 8 Plus Teardown, 

https://www.ifixit.com/Teardown/iPhone+8+Plus+Teardown/97482 (SanDisk SDMPEGF12 64 GB NAND flash storage). 

16 64 or 256 GB flash memory. iPhone X, Wikipedia, https://en.wikipedia.org/wiki/IPhone_X; iPhone X Teardown, 

https://www.ifixit.com/Teardown/iPhone+X+Teardown/98975 (Toshiba TSB3234X68354TWNA1 64 GB flash memory). 

17 64, 128, or 256 GB flash memory. iPhone XR, Wikipedia, https://en.wikipedia.org/wiki/IPhone_XR; iPhone XR Teardown, 

https://www.ifixit.com/Teardown/iPhone+XR+Teardown/114123 (Toshiba TSB3243VC0428CHNA1 64 GB flash storage). 

18 64, 256 or 512 GB flash memory. iPhone XS, Wikipedia, https://en.wikipedia.org/wiki/IPhone_XS; iPhone XS Teardown, 

https://www.ifixit.com/Teardown/iPhone+XS+and+XS+Max+Teardown/113021 (Toshiba TSB3243V85691CHNA1 64 GB flash storage). 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 7 of 71
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Max,19 iPhone 11,20 iPhone 11 Pro,21 iPhone 11 Pro Max,22 iPhone SE (2nd generation),23 iPad Air 2,24 iPad Air (3d 

generation),25 iPad mini 4,26 iPad mini (5th generation),27 iPad (5th, 28 6th, 29 7th30 generations), iPad Pro (1st,31

 

19 Ibid.

20 64, 128 or 256 GB flash memory. iPhone 11, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11. 

21 64, 256 or 512 GB flash memory. iPhone 11 Pro, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11_Pro. 

22 64, 256 or 512 GB flash memory. iPhone 11 Pro Max, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11_Pro; iPhone 11 Pro Max Teardown, 

https://www.ifixit.com/Teardown/iPhone+11+Pro+Max+Teardown/126000 (Toshiba TSB 4226VE9461CHNA1 1927 64 GB flash storage). 

23 64, 128, or 256 GB flash memory. iPhone SE (2nd generation), Wikipedia, https://en.wikipedia.org/wiki/IPhone_SE_(2nd_generation); iPhone SE (2nd

generation) Teardown, https://www.ifixit.com/Teardown/iPhone+SE+2020+Teardown/133066 (Toshiba TSB4226LF23417WNA11948 64 GB flash storage). 

24 16, 32, 64, 128 GB flash memory. iPad Air 2, Wikipedia, https://en.wikipedia.org/wiki/IPad_Air_2; iPad Air 2 Teardown, 

https://www.ifixit.com/Teardown/iPad+Air+2+Teardown/30592 (SK Hynix H2JTDG8UD1BMR 128 Gb (16 GB) NAND Flash). 

25 64 or 256 GB flash memory. iPad Air (3d generation), Wikipedia, https://en.wikipedia.org/wiki/IPad_Air_(2019); iPad Air (3d generation)Teardown, 

https://www.ifixit.com/Teardown/iPad+Air+3+Teardown/121759 (Toshiba TSB3243V40755TWNA1 64 GB NAND flash). 

26 16, 32, 64, 128 GB flash memory. iPad mini 4 Wikipedia, https://en.wikipedia.org/wiki/IPad_Mini_4; iPad mini 4Teardown, 

https://www.ifixit.com/Teardown/iPad+Mini+4+Teardown/48891 (SK Hynix H2JTDG8UD1BMR 16 GB NAND flash). 

27 64 or 256 GB flash memory. iPad mini (5th generation), Wikipedia, https://en.wikipedia.org/wiki/IPad_Mini_(5th_generation); iPad mini (5th generation) 

Teardown, https://www.ifixit.com/Teardown/iPad+Mini+5+Teardown/121589 (Toshiba TSB3243VD1190CHNA1 64 GB flash memory). 

28 32 or 128 GB flash memory. iPad (5th generation), Wikipedia, https://en.wikipedia.org/wiki/IPad_(2017); iPad (5th generation) Teardown, 

https://www.ifixit.com/Teardown/iPad+5+Teardown/85098 (SK Hynix H23QEG8VG2ACR 32 GB NAND flash storage). 

29 32 or 128 GB flash memory. iPad (6th generation), Wikipedia, https://en.wikipedia.org/wiki/IPad_(2018); iPhone iPad (6th generation) Teardown, 

https://www.ifixit.com/Teardown/iPad+6+Teardown/105416 (Toshiba TSB3236LX3536TWNB1 32 GB flash memory). 

30 32 or 128 GB flash memory. iPad (7th generation), Wikipedia, https://en.wikipedia.org/wiki/IPad_(2019); iPad (7th generation) Teardown, 

https://www.ifixit.com/Teardown/iPad+7+Teardown/126291 (SanDisk SDMRSEFJ2 032G 32 GB flash memory). 

31 32, 128, 256 GB flash memory. iPad Pro (1st generation) Wikipedia, https://en.wikipedia.org/wiki/IPad_Pro_(1st_generation); iPad Pro (1st generation) 

Teardown, https://www.ifixit.com/Teardown/iPad+Pro+12.9-Inch+Teardown/52599 (Toshiba THGBX5G8D4KLDXG 32 GB NAND Flash). 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 8 of 71
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2nd,32 3rd,33 4th34 generations), and Apple Watch (1st generation,35 Series 1,36 Series 2,37 Series 3,38 Series 4,39

Series 540, SE41 and Series 642) include a memory storing program code which, when read by the processor 

incorporated into the Accused Devices, allows the devices to present a user interface. 

The memory stores program code, e.g., the operating system (iOS, iPadOS, WatchOS) code of the device as well 

as application code. The Accused Devices and Accused Devices (3PA) include hardware, such as RAM and a main 

processor, for reading the operating system and application code stored in memory. The iPhone 4s includes an 

A5 processor.43 The iPhone 5 and 5C include an A6 processor.44 The iPhone 5S includes an A7 processor.45 The 

iPhone 6, 6 Plus and iPad Mini 4 include an A8 processor.46 The iPad Air 2 includes an A8X processor.47 The 

iPhone 6s, 6s Plus, SE (1st Gen) and iPad (5th generation) include an A9 processor.48 The iPhone 7, 7 Plus, iPad 

 

32 64, 128, 256, or 512 GB flash memory. iPad Pro (2nd generation) Wikipedia, https://en.wikipedia.org/wiki/IPad_Pro_(2nd_generation). 

33 64, 256, 512 GB, 1 TB flash memory. iPad Pro (3rd generation) Specs, https://support.apple.com/kb/SP785?locale=en_US; iPad Pro (3rd generation) 

Teardown, https://www.ifixit.com/Teardown/iPad+Pro+11-Inch+Teardown/115457 (Toshiba TSB3247M61710TWNA1 flash storage (64 GB total)). 

34 128, 256, 512 GB, 1 TB flash memory. iPad Pro (4th generation) Specs, https://support.apple.com/kb/SP815?locale=en_US. 

35 8 GB flash memory. Apple Watch (1st generation), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch; 

https://www.macrumors.com/2015/01/09/samsung-produce-apple-watch-components/ (Samsung NAND). 

36 8 GB flash memory. Apple Watch (Series 1), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch; https://www.slashgear.com/apple-watch-s1-socteardown-shows-custom-processor-30381587/ (Sandisk/Toshiba NAND). 

37 8 GB flash memory. Apple Watch (Series 2), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch. 

38 8 or 16 GB flash memory. Apple Watch (Series 3), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch; Apple Watch Series 3 Teardown, 

https://www.techinsights.com/blog/apple-watch-series-3-teardown (NAND: 4x Toshiba FPV7_32G, total of 16GB flash memory). 

39 16 GB flash memory. Apple Watch (Series 4), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch. 

40 32 GB flash memory. Apple Watch (Series 5), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch. 

41 32 GB flash memory. Apple Watch (SE), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch. 

42 32 GB flash memory. Apple Watch (Series 6), Wikipedia, https://en.wikipedia.org/wiki/Apple_Watch. 

43 https://www.macstories.net/news/apple-announces-iphone-4s-a5-faster-graphics-same-iphone-4-design/ (Apple Announces iPhone 4S_ A5, 8 MP Camera, 

1080p Video Recording - Available October 14th – MacStories.pdf) 

44 https://www.theverge.com/2012/9/12/3321108/apple-a6-new-iphone-soc-cpu-processor (The Apple A6_ a smaller processor for the iPhone 5 with twice 

the performance - The Verge.pdf); https://support.apple.com/kb/SP684?viewlocale=en_US&locale=en_US (iPhone 5C - Technical Specifications.pdf) 

45 https://support.apple.com/kb/SP685?viewlocale=en_US&locale=en_US (iPhone 5s - Technical Specifications.pdf) 

46 https://support.apple.com/kb/SP705?viewlocale=en_MZ&locale=en_MZ (iPhone 6 - Technical Specifications.pdf); 

https://support.apple.com/kb/SP706?viewlocale=en_MZ&locale=en_MZ (iPhone 6 Plus - Technical Specifications.pdf); 

https://support.apple.com/kb/SP725?viewlocale=en_US&locale=en_US (iPad mini 4 – Technical Specifications.pdf) 

47 https://support.apple.com/kb/SP708?viewlocale=en_US&locale=en_US (iPad Air 2 - Technical Specification.pdf) 

48 https://support.apple.com/kb/SP726?viewlocale=en_MZ&locale=en_MZ (iPhone 6s - Technical Specifications.pdf); 

https://support.apple.com/kb/SP727?viewlocale=en_MZ&locale=en_MZ (iPhone 6s Plus - Technical Specifications.pdf); 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 9 of 71
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(6th generation) and iPad (7th generation) include an A10 Fusion processor. 49 The iPhone 8, 8 Plus and X include 

an A11 Bionic processor. 50 The iPhone XS, XS Max, XR, iPad Air (3d Gen) and iPad mini (5th generation) and iPad 

Pro (1st, 2nd, 3rd and 4th generations) include an A12 Bionic processor.51 The iPhone 11, 11 Pro, 11 Pro Max and 

SE (2nd Gen)include an A13 Bionic processor.52 The Apple Watch (1st generation) includes an S1 processor.53 The 

Apple Watch (Series 1) includes an S1P processor.54 The Apple Watch (Series 2) includes an S2 processor.55 The 

 

https://support.apple.com/kb/SP738?viewlocale=en_US&locale=en_US (iPhone SE – Technical Specifications.pdf); 

https://support.apple.com/kb/SP751?viewlocale=en_US&locale=en_US (iPad (5th generation) - Technical Specifications.pdf) 

49 https://support.apple.com/kb/SP743?viewlocale=en_MZ&locale=en_MZ (iPhone 7 - Technical Specifications.pdf); 

https://www.ifixit.com/Teardown/iPhone+7+Teardown/67382 (iPhone 7 Teardown - iFixit.pdf); 

https://support.apple.com/kb/SP744?viewlocale=en_MZ&locale=en_MZ (iPhone 7 Plus - Technical Specifications.pdf); 

https://www.techinsights.com/blog/apple-iphone-7-teardown (Apple iPhone 7 Teardown.pdf); 

https://support.apple.com/kb/SP774?viewlocale=en_US&locale=en_US (iPad (6th generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP807?viewlocale=en_US&locale=en_US (iPad (7th generation) - Technical Specifications.pdf) 

50 https://www.apple.com/mz/iphone-8/specs/ (iPhone 8 - Technical Specifications - Apple (MZ).pdf); 

https://www.ifixit.com/Teardown/iPhone+8+Teardown/97481 (iPhone 8 Teardown - iFixit.pdf); https://www.techinsights.com/blog/apple-iphone-8-plusteardown (Apple iPhone 8 Plus Teardown.pdf); https://support.apple.com/kb/sp770?locale=en_US (iPhone X – Technical Specifications); 

https://www.techinsights.com/blog/apple-iphone-x-teardown

51 https://support.apple.com/kb/SP779?viewlocale=en_US&locale=en_US (iPhone XS - Technical Specifications); 

https://support.apple.com/kb/SP780?viewlocale=en_US&locale=en_US (iPhone XS Max – Technical Specifications); 

https://support.apple.com/kb/SP781?viewlocale=en_US&locale=en_US (iPhone XR – Technical Specifications); 

https://support.apple.com/kb/SP787?viewlocale=en_US&locale=en_US (iPad Air (3rd generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP788?viewlocale=en_US&locale=en_US (iPad mini (5th generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP784?viewlocale=en_US&locale=en_US (iPad Pro 11-inch (1st generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP814?viewlocale=en_US&locale=en_US (iPad Pro 11-inch (2nd generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP785?locale=en_US (iPad Pro 12.9-inch (3rd generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP815?viewlocale=en_US&locale=en_US (iPad Pro 12.9-inch (4th generation) - Technical Specifications) 

52 https://www.apple.com/iphone-11/specs/ (iPhone 11 Technical Specifications); https://www.apple.com/iphone-11-pro/specs/ (iPhone 11 Pro Technical 

Specifications); https://support.apple.com/kb/SP820?viewlocale=en_US&locale=en_US (iPhone SE (2nd generation) – Technical Specifications.pdf) 

53 https://www.anandtech.com/show/9381/the-apple-watch-review/3 (Apple S1 Analysis - The Apple Watch Review.pdf) 

54 https://www.ifixit.com/News/8439/apple-watch-series-1 (We Just Took Apart the Apple Watch Series 1—Here’s What We Found Out – iFixit.pdf) 

55 https://www.ifixit.com/Teardown/Apple+Watch+Series+2+Teardown/67385 (Apple Watch Series 2 Teardown – iFixit.pdf) 

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Apple Watch (Series 3) includes an S3 processor.56 The Apple Watch (Series 4) includes an S4 processor.57 The 

Apple Watch (Series 5, SE) include an S5 processor.58 The Apple Watch (Series 6) includes an S6 processor.59 

In addition, the Accused Devices and Accused Devices (3PA) include hardware, such as light emitting diodes 

(LEDs) and organic light emitting diodes (OLEDs), for presenting a user interface. 

[a]: a touch sensitive area 

in which a representation 

of a function is provided, 

The display of each of the Accused Devices and Accused Devices (3PA) includes a touch sensitive area, comprising 

a substantial portion of the screen presented to the user. The touch sensitive displays of the Accused Devices 

and Accused Devices (3PA) are comprised of one or more glass sheets incorporating circuitry to enable capacitive 

sensing.60 

Each Accused Device and Accused Device (3PA) includes code stored in memory for presenting a virtual keyboard 

in the touch sensitive portion of the display when the user interacts with various applications, such as the email, 

browser, and messaging applications, as well as the search function within a variety of applications. Each 

Accused Devices includes code for presenting a virtual keyboard referred to as “English (US)” in Keyboard 

Settings, which is enabled by default and which may, if not enabled, be enabled by a user by accessing Keyboard 

Settings and selecting “English (US).” Each Accused Device (3PA) includes code for presenting a third party 

virtual keyboard, which may be enabled by a user by accessing Keyboard Settings and selecting that particular 

third party virtual keyboard. 

For example, with the English (US) keyboard enabled, and running the Messages application,61 if a user taps the 

icon for “New Message,” a keyboard and one or more text entry fields will be presented to the user: 

 

56 https://support.apple.com/kb/SP766?viewlocale=en_US&locale=en_US (Apple Watch Series 3 - Technical Specifications.pdf) 

57 https://support.apple.com/kb/SP778?viewlocale=en_US&locale=en_US (Apple Watch Series 4 - Technical Specifications.pdf) 

58 https://support.apple.com/kb/SP808?viewlocale=en_US&locale=en_US (Apple Watch Series 5 - Technical Specifications.pdf); 

https://support.apple.com/kb/SP827?viewlocale=en_US&locale=en_US (Apple Watch SE - Technical Specifications.pdf) 

59 https://support.apple.com/kb/SP826?viewlocale=en_US&locale=en_US (Apple Watch Series 6 - Technical Specifications.pdf) 

60 https://www.lovefone.co.uk/blogs/news/117010948-how-does-the-iphone-touch-screen-work-and-why-is-it-made-ofglass#:~:text=Capacitive%20screens%20use%20a%20layer,at%20the%20point%20of%20contact.&text=Using%20glass%20and%20capacitive%20technology,ot

her%20types%20of%20capacitive%20screens.. 

61 In the examples below and throughout these Infringement Contentions, exemplary references to the use of a specified virtual keyboard for entry of text into 

a text field in a particular application (e.g., Messages, email, browser) is not intended to limit the scope of these Contentions to the use of the keyboard for 

that particular application. For the avoidance of doubt, except where otherwise indicated, these Infringement Contentions apply to all applications with 

respect to which the specified virtual keyboard(s) may be used. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 11 of 71
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iPhone 11, English (US) keyboard, Message application. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 12 of 71
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The program code stored in memory, when read, causes the device to present a user interface in which each 

character key of the keyboard is a representation of the function of entering a character into a text field. 

[b]: wherein the 

representation consists of 

only one option for 

activating the function 

On the Accused Devices and Accused Devices (3PA), program code stored in memory for presenting a virtual 

keyboard, when read, causes the device to present a user interface in which each character key 

(“representation”) depicts (“consists of”) only one character, i.e., only one option for activating the function of 

entering a character into the text field. For example, the “English (US)” virtual keyboard presented when 

program code included in iOS 13 and iPadOS and subsequent version of iOS and iPadOS is executed on an 

Accused Device includes at least one representation that consists of only one option for activating the function: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 13 of 71
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iPhone 11, English (US) keyboard, Message application. 

In the example above, the highlighted “representation of a function” is the “H” character key. As presented by 

the code for presenting the “English (US)” virtual keyboard, at least each of the character keys of the keyboard 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 14 of 71
10 

indicated below constitutes a “representation of a function:” 

iPhone 11, English (US) keyboard, Message application. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 15 of 71
11 

Similarly, the program code for a Third Party Swipe-Typing Keyboard App that is stored in the memory of an 

Accused Device (3PA) causes the device to present at least one (typically, at least 26) representation of a key 

consisting of only one character, such as a letter character. 

[c]: and wherein the 

function is activated by a 

multi-step operation 

comprising (i) an object 

touching the touch 

sensitive area at a location 

where the representation 

is provided and then (ii) 

the object gliding along 

the touch sensitive area 

away from the touched 

location, 

The Accused Devices include program code, included in iOS 13 and iPadOS and subsequent versions of iOS and 

iPadOS, which causes the device, when presenting the “English (US)” virtual keyboard with 

Settings/General/Keyboard/Slide to Type toggled “On,”62 to generate a particular character in a text field as a 

result of an object (such as a user’s finger) (i) touching the display at the location where the key representing the 

character is located, and (ii) gliding along the touch sensitive area of the display away from that location:63 

 

62 This setting is toggled “On” by default in iOS 13, iPadOS and subsequent versions of iOS and iPadOS. 

63 The functionality that this program code causes the Accused Devices to execute is branded by Apple as “QuickPath.” 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 16 of 71
12 

https://www.apple.com/ios/ios-13/. 

For example, the user of an Accused Device may activate the function of entering the letter “H” into the text field 

by touching the “H” key and gliding away from it along the display: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 17 of 71
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iPhone 11, English (US) keyboard, Message application (during swipe typing).

64

 

64 The grey “swoosh” graphic present along the upper middle portion of the keyboard is dynamically generated by the device and roughly tracks the path of the 

user’s finger as it glides along the display. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 18 of 71
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Upon completion of the gliding action, the letter “H,” as well as other letters the keys for which were touched 

during the gliding motion, appears in the text field: 

iPhone 11, English (US) keyboard, Message application (swiping complete). 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 19 of 71
15 

The same functionality is activated for any other character key that is initially touched during a “touch and glide” 

operation as described above, as well as other character keys touched during the operation, upon completion of 

the operation. 

The Accused Devices (3PA) include memory storing program code for third party keyboard applications that 

causes the device, when presenting the third party keyboard, to generate a particular character in a text field as 

a result of the user (i) touching the display at the location where the key representing the character is located 

with an object, such as the user’s finger, and (ii) causing the object to glide along the touch sensitive area of the 

display away from that location, in the same manner as described above. These third party keyboard 

applications, which generally refer to the recited functionality as “swipe typing,” “glide typing,” or the like, 

include Gboard, Swype, SwiftKey, FancyKey, iKeyboard, Nintype, Oh Fonts Swipekeys, Smart Swipe Keyboard, 

Swipekeys, and Syriac Swipekeys (“Third Party Swipe-Typing Keyboard Apps”). 

For example, the GBoard keyboard application includes program code for a functionality that it refers to as 

“Glide Typing:” 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 20 of 71
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GBoard – the Google Keyboard, Apple App Store page. 

This program code causes an Accused Device (3PA), when presenting the GBoard virtual keyboard, to generate a 

particular character in a text field as a result of the user (i) touching the display at the location where the key 

representing the character is located with an object, such as the user’s finger, and (ii) causing the object to glide 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 21 of 71
17 

along the touch sensitive area of the display away from that location. Program code for the other Third Party 

Swipe Typing Apps causes the Accused Devices (3PA) to function in the same manner. 

[d]: wherein the 

representation of 

the function is not 

relocated or duplicated 

during the gliding. 

The program code of the Accused Devices, when presenting the “English (US)” virtual keyboard on an Accused 

Device, causes the key that is touched during the first step of the multi-step operation of limitation 1[c] not to be 

relocated or duplicated after the user’s finger has moved beyond the boundary of the key (“during the gliding”). 

Limitation 1[d] is also satisfied with respect to the Accused Devices for the independent reason that the Accused 

Devices include program code that causes the device to present a setting in Keyboard Settings for “Character 

Preview,” which, when toggled “Off,” causes the device to present the “English (US)” virtual keyboard such that 

the key that is touched during the first step of the multi-step operation of limitation 1[c] does not “pop out” at 

any point after the display is initially touched at the location of the key. 

The program code of the Accused Devices (3PA), when presenting the virtual keyboard of a Third Party SwipeTyping Keyboard App on an Accused Device, causes the key that is touched during the first step of the multi-step 

operation of limitation 1[c] not to be relocated or duplicated after the user’s finger has moved beyond the 

boundary of the key (“during the gliding”). 

2. The computer readable 

medium of claim 1, 

wherein the function, 

when activated, causes 

the user interface to 

display icons representing 

different services or 

settings for a currently 

active application. 

The Accused Devices and Accused Devices (3PA) include, stored in memory, program code that causes the device 

to present a user interface that includes icons representing different services or settings for a currently active 

application (such as the phone application, which may, for example, be resident in memory (RAM) and/or using 

CPU cycles but running in the background while the interface is presented) when a user performs the multi-step 

operation recited in claim 1[c] using the “English (US)” virtual keyboard or any Third Party Swipe Typing App. 

For example, the program code for the Accused Devices and Accused Devices (3PA) will cause the following 

interface to be presented when a user inputs “phone” into the search text field in Settings using the multi-step 

operation recited in claim 1[c]:65

 

65 The particular search terms used, and the resulting interfaces, are exemplary and are not intended to limit the scope of these Contentions. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 22 of 71
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iPhone 11, English (US) keyboard, Settings

The icons adjacent the “Do Not Disturb,”“Phone Noise Cancellation” and “Phone” legends represent services or 

settings for the phone application (“Phone”) or the operating system (“Do Not Disturb,” “Phone Noise 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 23 of 71
19 

Cancellation”) of the device. The program code stored in the memory of the Accused Devices and Accused 

Devices (3PA) enables this interface to be presented while the phone application (and various other applications) 

are active, resident in memory (RAM) and/or using CPU cycles but running in the background. 

By way of another example, the program code for the Accused Devices and Accused Devices (3PA) will cause the 

following interface to be presented when a user inputs “apple” into the search text field in Settings using the 

multi-step operation recited in claim 1[c]: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 24 of 71
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iPhone 11, English (US) keyboard, Settings. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 25 of 71
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The icons adjacent the “Apple TV Remote,” “Media & Apple Music,” “iTunes & App Stores,” “Wallet & Apple 

Pay,” “Music” and “Podcasts” legends represent services or settings for the referenced applications or the 

operating system of the device. 

3. The computer readable 

medium of claim 2, 

wherein the user interface 

is characterised in, that a 

selection of a preferred 

service or setting is done 

by tapping on a display 

icon corresponding to the 

preferred service or 

setting. 

The program code for the Accused Devices and Accused Devices (3PA) enables the selection of a particular 

service or setting presented in an interface displayed as a result of the operation recited in claims 1[c] and 2 by 

tapping on the icon corresponding to that service or setting. 

6. The computer readable 

medium of claim 1, 

wherein the function, 

when activated, causes 

the user interface to 

display a list with a library 

of available applications 

and files on the mobile 

handheld computer unit. 

The Accused Devices and Accused Devices (3PA) include, stored in memory, program code that causes the device 

to display a list with a library of available applications and files on the device when a user performs the multistep operation recited in claim 1[c], using the “English (US)” virtual keyboard with 

Settings/General/Keyboard/Slide to Type toggled “On” or any Swipe-typing Third Party Keyboard App, after 

positioning the cursor in the “Search” field of the Settings function. 

For example, the program code for the Accused Devices and Accused Devices (3PA) will cause the following 

interface to be presented when a user inputs “apple” into the search text field in Settings using the multi-step 

operation recited in claim 1[c]:66

 

 

66 The particular search terms used, and the resulting interfaces, are exemplary and are not intended to limit the scope of these Contentions. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 26 of 71
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iPhone 11, English (US) keyboard, Settings. 

12. The computer 

readable medium of claim 

1, wherein the user 

interface is characterised 

The Accused Devices and Accused Devices (3PA) include program code stored in memory that, when read by the 

device, causes the device to present an interface in which an active application, function, service or setting is 

advanced one step by gliding the object along the touch sensitive area from left to right, and that the active 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 27 of 71
23 

in, that an active 

application, function, 

service or setting is 

advanced one step by 

gliding the object along 

the touch sensitive area 

from left to right, and 

that the active 

application, function, 

service or setting is 

closed or backed one step 

by gliding the object along 

the touch sensitive area 

from right to left. 

application, function, service or setting is closed or backed one step by gliding the object along the touch 

sensitive area from right to left. 

For example, the Accused Devices and Accused Devices (3PA) include program code that causes the device to 

present an interface, while various applications are active, in which the user may advance one step through a 

series of active application windows by gliding an object (such as the user’s finger) along the display from left to 

right, and may move back one step through a series of active application windows by gliding an object along the 

display from right to left: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 28 of 71
24 

iPhone 11.

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes 

the device to present an interface, while the camera application is active, in which the user may advance one 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 29 of 71
25 

step (one image) through a series of stored images by gliding an object (such as the user’s finger) along the 

display from left to right, and may move back one step (one image) by gliding an object along the display from 

right to left: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 30 of 71
26 

iPhone 11, camera application.

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes 

the device to present an interface, while the camera application is active, in which the user may advance one 

step through a set of functions, services or settings for the camera application by gliding an object along the 

display from left to right, and may move back one step through the set of functions, services or settings by 

gliding an object along the display from right to left: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 31 of 71
27 

iPhone 11, camera application. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 32 of 71
28 

By way of another example, for Accused Devices and Accused Devices (3PA) that constitute iPad models, 

browsing history and photos may be advanced or regressed by gliding an object along the display from left to 

right or right to left, respectively. 

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes 

the device to advance one step through one set of icons (application, system function) to another set of icons, or 

to or from a set of widgets, by gliding an object along the display from left to right, and may move back one step 

through the set of icons by gliding an object along the display from right to left. 

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes 

the device to advance one step through one set of open applications to another set of open applications, by 

gliding an object along the bottom edge of the display (in the location of the Home Bar) from left to right, and 

may move back one step through the set of applications by gliding an object along the display in the same 

location from right to left. 

13. The computer 

readable medium of claim 

1, wherein the user 

interface is characterised 

in, that said 

representation of 

said function is located at 

the bottom of said touch 

sensitive area. 

The Accused Devices include and Accused Devices (3PA) include program code stored in memory that, when read 

by the device, cause the device to present an interface in which “English (US)” virtual keyboard and Third Party 

Swipe Typing Keyboard App virtual keyboards present character keys at the bottom of the display: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 33 of 71
29 

iPhone 11, English (US) keyboard, Message application. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 34 of 71
30 

15. The computer 

readable medium of claim 

1, characterised in, that 

said computer program 

code is adapted to 

function as a shell upon an 

operating system. 

The memory of an Accused Device (3PA) contains program code for one or more Third Party Swipe-Typing 

Keyboard Apps, which program code is adapted to function as a shell upon the operating system (iOS, iPadOS or 

Watch OS) of the device. 

16. The computer 

readable medium of claim 

1, wherein the 

representation is fingersized. 

The Accused Devices and Accused Devices (3PA) include, stored in memory, program code that causes the 

device, when presenting the “English (US)” virtual keyboard or any Third Party Swipe-Typing Keyboard App, to 

display character keys on the virtual keyboard that are finger-sized: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 35 of 71
31 

iPhone XR, English (US) keyboard, Message application. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 36 of 71
32 

17. The computer 

readable medium of claim 

1, wherein the location 

where the representation 

is provided does not 

provide touch 

functionality for a 

different function. 

The Accused Devices and Accused Devices (3PA) include, stored in memory, program code that causes the 

device, when presenting the “English (US)” virtual keyboard or any Swipe-typing Third Party Keyboard App, to 

display one or more character keys on the virtual keyboard at locations on the display at which touch 

functionality is provided, during the time in which the character key is displayed, only for the function of entering 

the displayed character key into a text field. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 37 of 71
1 

PRELIMINARY INFRINGEMENT CONTENTIONS – APPLE - 2 

U.S. PATENT NO. 8,095,879 

Claim Evidence

1[p]: A non- transitory 

computer readable 

medium storing a 

computer program with 

computer program code, 

which, when read by a 

mobile handheld 

computer unit, allows the 

computer to present a 

user interface for the 

mobile handheld 

The iPhone X,1iPhone XR,2iPhone XS,3iPhone XS Max,4iPhone 11,5iPhone 11 Pro,6iPhone 11 Pro Max,7 and 

iPad Pro (3rd8 and 4th9 generations) (collectively, “the Accused Devices”)10 include a non- transitory computer 

readable medium (a flash memory), storing program code which, when read by the processor incorporated into 

the Accused Devices, allows the devices to present a user interface. 

The memory stores program code, e.g., the operating system (iOS, iPadOS) code of the device as well as 

application code. The Accused Devices include hardware, such as RAM and a main processor, for reading the 

operating system and application code stored in memory. The iPhone X includes an A11 Bionic processor.11 The 

 

1

 64 or 256 GB flash memory. iPhone X, Wikipedia, https://en.wikipedia.org/wiki/IPhone_X; iPhone X Teardown, 

https://www.ifixit.com/Teardown/iPhone+X+Teardown/98975 (Toshiba TSB3234X68354TWNA1 64 GB flash memory). 

2

 64, 128, or 256 GB flash memory. iPhone XR, Wikipedia, https://en.wikipedia.org/wiki/IPhone_XR; iPhone XR Teardown, 

https://www.ifixit.com/Teardown/iPhone+XR+Teardown/114123 (Toshiba TSB3243VC0428CHNA1 64 GB flash storage). 

3

 64, 256 or 512 GB flash memory. iPhone XS, Wikipedia, https://en.wikipedia.org/wiki/IPhone_XS; iPhone XS Teardown, 

https://www.ifixit.com/Teardown/iPhone+XS+and+XS+Max+Teardown/113021 (Toshiba TSB3243V85691CHNA1 64 GB flash storage). 

4

Ibid.

5

 64, 128 or 256 GB flash memory. iPhone 11, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11. 

6

 64, 256 or 512 GB flash memory. iPhone 11 Pro, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11_Pro. 

7

 64, 256 or 512 GB flash memory. iPhone 11 Pro Max, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11_Pro; iPhone 11 Pro Max Teardown, 

https://www.ifixit.com/Teardown/iPhone+11+Pro+Max+Teardown/126000 (Toshiba TSB 4226VE9461CHNA1 1927 64 GB flash storage). 

8

 64, 256, 512 GB, 1 TB flash memory. iPad Pro (3rd generation) Specs, https://support.apple.com/kb/SP785?locale=en_US; iPad Pro (3rd generation) 

Teardown, https://www.ifixit.com/Teardown/iPad+Pro+11-Inch+Teardown/115457 (Toshiba TSB3247M61710TWNA1 flash storage (64 GB total)). 

9

 128, 256, 512 GB, 1 TB flash memory. iPad Pro (4th generation) Specs, https://support.apple.com/kb/SP815?locale=en_US. 

10 Plaintiff has not yet been able to obtain information concerning subsequent models of iPhone and iPad products sufficient to enable it to determine whether 

such products infringe the ‘879 Patent, and on that basis reserves its right to supplement or amend these contentions to address infringement by such 

products. 

11 https://support.apple.com/kb/sp770?locale=en_US (iPhone X – Technical Specifications); https://www.techinsights.com/blog/apple-iphone-x-teardown

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 38 of 71
2 

computer unit, the user 

interface comprising: 

iPhone XS, XS Max, and XR include an A12 Bionic processor.12 The iPhone 11, 11 Pro, and 11 Pro Max include an 

A13 Bionic processor.13 The iPad Pro (3rd and 4th generations) include an A12X Bionic processor.14 In addition, 

the Accused Devices include hardware, such as light emitting diodes (LEDs), for presenting a user interface. 

[a]: a touch sensitive area 

in which a representation 

of a function is provided, 

The display of each of the Accused Devices includes a touch sensitive area, comprising a substantial portion of 

the screen presented to the user. The touch sensitive displays of the Accused Devices are comprised of one or 

more glass sheets incorporating circuitry to enable capacitive sensing.15 

Each Accused Device includes code stored in memory for presenting a Lock Screen that includes a horizontal bar 

(“Control Bar”) in the upper right corner of the display: 

 

12 https://support.apple.com/kb/SP779?viewlocale=en_US&locale=en_US (iPhone XS - Technical Specifications); 

https://support.apple.com/kb/SP780?viewlocale=en_US&locale=en_US (iPhone XS Max – Technical Specifications); 

https://support.apple.com/kb/SP781?viewlocale=en_US&locale=en_US (iPhone XR – Technical Specifications); 

https://support.apple.com/kb/SP785?locale=en_US (iPad Pro 12.9-inch (3rd generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP815?viewlocale=en_US&locale=en_US (iPad Pro 12.9-inch (4th generation) - Technical Specifications) 

13 https://www.apple.com/iphone-11/specs/ (iPhone 11 Technical Specifications); https://www.apple.com/iphone-11-pro/specs/ (iPhone 11 Pro Technical 

Specifications). 

14 iPad, Wikipedia, https://en.wikipedia.org/wiki/IPad. 

15 https://www.lovefone.co.uk/blogs/news/117010948-how-does-the-iphone-touch-screen-work-and-why-is-it-made-ofglass#:~:text=Capacitive%20screens%20use%20a%20layer,at%20the%20point%20of%20contact.&text=Using%20glass%20and%20capacitive%20technology,ot

her%20types%20of%20capacitive%20screens.. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 39 of 71
3 

Lock screen, iPhone 11.16

 

16 Screenshot taken 4/10/2020, by Philip Graves. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 40 of 71
4 

The Control Bar is a representation of the function of opening the Control Center. 

[b]: wherein the 

representation consists of 

only one option for 

activating the function 

The Control Bar (“the representation”) of the Accused Devices depicts (“consists of”) only one option for 

activating the function (transitioning the interface to the Control Center). 

[c]: and wherein the 

function is activated by a 

multi-step operation 

comprising (i) an object 

touching the touch 

sensitive area at a location 

where the representation 

is provided and then (ii) 

the object gliding along 

the touch sensitive area 

away from the touched 

location, 

The Accused Devices include program code for causing the interface to transition from the Lock Screen to the 

Control Center when an object capable of being sensed by a capacitive touchscreen (such as a user’s finger) (i) 

touches the display at the location of the Control Bar, and (ii) glides the object touching the display downward 

along the display. 

[d]: wherein the 

representation of 

the function is not 

relocated or duplicated 

during the gliding. 

The program code of the Accused Devices causes the Control Bar not to be relocated or duplicated while the 

object is gliding downward along the display. 

2. The computer readable 

medium of claim 1, 

wherein the function, 

when activated, causes 

the user interface to 

display icons representing 

different services or 

settings for a currently 

The Accused Devices include a memory storing program code for causing the interface to transition from the 

Lock Screen to the Control Center when an object touches the display in the area of the Control Bar and glides 

downward along the display, upon which the user interface displays icons representing different services or 

settings (e.g., Airplane Mode, Wi-Fi connectivity, Bluetooth connectivity, cellular connectivity) for applications 

(such as the phone and browser applications) that may be active when the Control Center interface is opened, 

including applications that may be resident in memory (RAM) and/or using CPU cycles but running in the 

background: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 41 of 71
5 

active application.

iPhone 11, Control Center. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 42 of 71
6 

In addition, other icons different from those identified above may be present in the Control Center screen as a 

result of user customization, or as a result of the use of third party applications (e.g., Zoom), which icons may 

represent services or settings of a currently active (in the foreground or background) application. 

For all of the Accused Devices, in the Control Center interface, certain services or settings (e.g., Airplane Mode, 

Wi-Fi connectivity, Bluetooth connectivity, cellular connectivity) may be selected by tapping on the icon 

corresponding to the selected service: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 43 of 71
7 

iPhone 11, Control Center. 

12. The computer 

readable medium of claim 

The Accused Devices and Indirect Accused Devices include program code stored in memory that, when read by 

the device, causes the device to present an interface in which an active application, function, service or setting 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 44 of 71
8 

1, wherein the user 

interface is characterised 

in, that an active 

application, function, 

service or setting is 

advanced one step by 

gliding the object along 

the touch sensitive area 

from left to right, and 

that the active 

application, function, 

service or setting is 

closed or backed one step 

by gliding the object along 

the touch sensitive area 

from right to left. 

is advanced one step by gliding the object along the touch sensitive area from left to right, and that the active 

application, function, service or setting is closed or backed one step by gliding the object along the touch 

sensitive area from right to left. 

For example, the Accused Devices include program code that cause the device to present an interface, while 

various applications are active, in which the user may advance one step through a series of active application 

windows by gliding an object (such as the user’s finger) along the display from left to right, and may move back 

one step through a series of active application windows by gliding an object along the display from right to left: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 45 of 71
9 

iPhone 11. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 46 of 71
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By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes

the device to present an interface, while the camera application is active, in which the user may advance one 

step (one image) through a series of stored images by gliding an object (such as the user’s finger) along the 

display from left to right, and may move back one step (one image) by gliding an object along the display from 

right to left: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 47 of 71
11 

iPhone 11, camera application. 

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that cause 

the device to present an interface, while the camera application is active, in which the user may advance one 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 48 of 71
12 

step through a set of functions, services or settings for the camera application by gliding an object along the 

display from left to right, and may move back one step through the set of functions, services or settings by 

gliding an object along the display from right to left: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 49 of 71
13 

iPhone 11, camera application.

By way of another example, for Accused Devices and Accused Devices (3PA) that constitute iPad models, 

browsing history and photos may be advanced or regressed by gliding an object along the display from left to 

right or right to left, respectively. 

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes 

the device to advance one step through one set of icons (application, system function) to another set of icons, 

or to or from a set of widgets, by gliding an object along the display from left to right, and may move back one 

step through the set of icons by gliding an object along the display from right to left. 

By way of another example, the Accused Devices and Accused Devices (3PA) include program code that causes 

the device to advance one step through one set of open applications to another set of open applications, by 

gliding an object along the bottom edge of the display (in the location of the Home Bar) from left to right, and 

may move back one step through the set of applications by gliding an object along the display in the same 

location from right to left. 

16. The computer 

readable medium of claim 

1, wherein the 

representation is fingersized. 

The Accused Devices include, stored in memory, program code that causes the device to present a Lock Screen 

that includes a finger-sized Control Bar: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 50 of 71
14 

iPhone 11, Lock Screen. 

17. The computer 

readable medium of claim 

1, wherein the location 

The Accused Devices include, stored in memory, program code that causes the device to present a Lock Screen 

that includes a Control Bar at a location on the display that, while the Control Bar is being presented, provides 

touch functionality only for transitioning the interface to the Control Center. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 51 of 71
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where the representation 

is provided does not 

provide touch 

functionality for a 

different function. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 52 of 71
1 

PRELIMINARY INFRINGEMENT CONTENTIONS - 3 

U.S. PATENT NO. 8,812,993 

APPLE

Claim Evidence

1[p]. A non-transitory 

computer readable 

medium storing 

instructions, which, when 

executed by a processor 

of an electronic device 

having a touch-sensitive 

display screen, cause 

The iPhone X,1iPhone XR,2iPhone XS,3iPhone XS Max,4iPhone 11,5iPhone 11 Pro,6iPhone 11 Pro Max,7 and iPad 

Pro (3rd8 and 4th9 generations) (collectively, “the Accused Devices”)10 include a non- transitory computer 

readable medium (a flash memory), storing instructions (code) which, when executed by the processor 

incorporated into the Accused Devices, causes the device to enable a user interface. 

The Accused Devices include a processor which executes code, including code for presentation of the user 

interface. The iPhone X includes an A11 Bionic processor.11 The iPhone XS, XS Max, and XR include an A12 

 

1

 64 or 256 GB flash memory. iPhone X, Wikipedia, https://en.wikipedia.org/wiki/IPhone_X; iPhone X Teardown, 

https://www.ifixit.com/Teardown/iPhone+X+Teardown/98975 (Toshiba TSB3234X68354TWNA1 64 GB flash memory). 

2

 64, 128, or 256 GB flash memory. iPhone XR, Wikipedia, https://en.wikipedia.org/wiki/IPhone_XR; iPhone XR Teardown, 

https://www.ifixit.com/Teardown/iPhone+XR+Teardown/114123 (Toshiba TSB3243VC0428CHNA1 64 GB flash storage). 

3

 64, 256 or 512 GB flash memory. iPhone XS, Wikipedia, https://en.wikipedia.org/wiki/IPhone_XS; iPhone XS Teardown, 

https://www.ifixit.com/Teardown/iPhone+XS+and+XS+Max+Teardown/113021 (Toshiba TSB3243V85691CHNA1 64 GB flash storage). 

4

Ibid.

5

 64, 128 or 256 GB flash memory. iPhone 11, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11. 

6

 64, 256 or 512 GB flash memory. iPhone 11 Pro, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11_Pro. 

7

 64, 256 or 512 GB flash memory. iPhone 11 Pro Max, Wikipedia, https://en.wikipedia.org/wiki/IPhone_11_Pro; iPhone 11 Pro Max Teardown, 

https://www.ifixit.com/Teardown/iPhone+11+Pro+Max+Teardown/126000 (Toshiba TSB 4226VE9461CHNA1 1927 64 GB flash storage). 

8

 64, 256, 512 GB, 1 TB flash memory. iPad Pro (3rd generation) Specs, https://support.apple.com/kb/SP785?locale=en_US; iPad Pro (3rd generation) 

Teardown, https://www.ifixit.com/Teardown/iPad+Pro+11-Inch+Teardown/115457 (Toshiba TSB3247M61710TWNA1 flash storage (64 GB total)). 

9

 128, 256, 512 GB, 1 TB flash memory. iPad Pro (4th generation) Specs, https://support.apple.com/kb/SP815?locale=en_US. 

10 Plaintiff has not yet been able to obtain information concerning subsequent models of iPhone and iPad products sufficient to enable it to determine whether 

such products infringe the ‘879 Patent, and on that basis reserves its right to supplement or amend these contentions to address infringement by such 

products. 

11 https://support.apple.com/kb/sp770?locale=en_US (iPhone X – Technical Specifications); https://www.techinsights.com/blog/apple-iphone-x-teardown

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2 

the processor to enable a 

user interface of the 

device, the user interface 

comprising at least two 

states, namely, 

Bionic processor.12 The iPhone 11, 11 Pro, and 11 Pro Max include an A13 Bionic processor.13 The iPad Pro (3rd 

and 4th generations) include an A12X Bionic processor.14 

Each of the Accused Devices includes a touch sensitive display screen, comprised of, e.g., diodes (for providing 

the display) and one or more glass sheets incorporating circuitry to enable capacitive sensing.15 

[a] (a) a tap present state, 

wherein a plurality of tapactivatable icons for a 

respective plurality of predesignated system 

functions are present, 

each system function 

being activated in 

response to a tap on its 

respective icon, and 

The memory of the Accused Devices stores code for enabling the device to display a user interface comprising a 

Home Screen (“a tap-present state”), which presents multiple tap-activatable icons for system functions, each of 

which is activated by a tap on its respective icon: 

 

12 https://support.apple.com/kb/SP779?viewlocale=en_US&locale=en_US (iPhone XS - Technical Specifications); 

https://support.apple.com/kb/SP780?viewlocale=en_US&locale=en_US (iPhone XS Max – Technical Specifications); 

https://support.apple.com/kb/SP781?viewlocale=en_US&locale=en_US (iPhone XR – Technical Specifications); 

https://support.apple.com/kb/SP785?locale=en_US (iPad Pro 12.9-inch (3rd generation) - Technical Specifications.pdf); 

https://support.apple.com/kb/SP815?viewlocale=en_US&locale=en_US (iPad Pro 12.9-inch (4th generation) - Technical Specifications) 

13 https://www.apple.com/iphone-11/specs/ (iPhone 11 Technical Specifications); https://www.apple.com/iphone-11-pro/specs/ (iPhone 11 Pro Technical 

Specifications). 

14 iPad, Wikipedia, https://en.wikipedia.org/wiki/IPad. 

15 https://www.lovefone.co.uk/blogs/news/117010948-how-does-the-iphone-touch-screen-work-and-why-is-it-made-ofglass#:~:text=Capacitive%20screens%20use%20a%20layer,at%20the%20point%20of%20contact.&text=Using%20glass%20and%20capacitive%20technology,ot

her%20types%20of%20capacitive%20screens.. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 54 of 71
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Home screen, iPhone 11.

The memory of the Accused Devices also stores code for enabling the device to display a user interface 

comprising a Control Center screen (“a tap-present state”), which presents multiple tap-activatable icons for 

system functions, each of which is activated by a tap on its respective icon: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 55 of 71
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Control Center, iPhone 11.

[b] (b) a tap-absent state, 

wherein tap-activatable 

The memory of the Accused Devices stores code for enabling the device to display a user interface comprising a 

Lock Screen (“a tap-absent state”): 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 56 of 71
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icons are absent but an 

otherwise-activatable 

graphic is present in a 

strip along at least one 

edge of the display screen 

for transitioning the user 

interface from the tapabsent state to the tappresent state 

Lock screen, iPhone 11.

The Lock Screen of the Accused Devices presents no tap-activatable icons: Neither the flashlight icon in the 

lower left corner of the display, nor the camera icon in the lower right corner of the display, nor the padlock icon 

in the upper center of the display, nor any other graphic element of the Lock Screen display, is tap-activatable. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 57 of 71
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The Lock Screen of the Accused Devices presents two graphic elements that may be activated by a “touch and 

drag” motion across the display (“otherwise-activatable graphics”): a horizontal bar in the lower center of the 

display (the “Home Bar”) and a horizontal bar in the upper right of the display (the “Control Bar”), each of which 

is present in a strip along an edge of the display screen: 

Lock screen, iPhone 11.

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 58 of 71
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The code stored in the memory of the Accused Devices, when executed by the processor of the device, will cause 

the user interface to transition from the Lock Screen to the Home Screen when the Home Bar is activated. 

Similarly, the code stored in the memory of the Accused Devices, when executed by the processor of the device, 

will cause the user interface to transition from the Lock Screen to the Control Center screen when the Control 

Bar is activated. 

[c] in response to a 

multistep user gesture 

comprising (i) an object 

touching the display 

screen within the strip, 

and (ii) the object gliding 

on the display screen 

away from and out of the 

strip. 

The memory of the Accused Devices includes code for causing the user interface to transition from the Lock 

Screen to the Home Screen when an object (such as a user’s finger) touches the display in the location of the 

Home Bar and glides upward on the display away from the location of the Home Bar, if Face ID has been 

configured and enabled. 

The memory of the Accused Devices includes code for causing the user interface to transition from the Lock 

Screen to the Control Center screen when an object capable of being sensed by a capacitive touchscreen (such as 

a user’s finger) touches the display in the location of the Control Bar and glides downward on the display away 

from the location of the Control Bar. 

2. The computer readable 

medium of claim 1, 

wherein any state 

transition elicited by a 

user gesture that begins 

at a location at which the 

otherwise-activatable 

graphic is provided, 

transitions to the tappresent state. 

The code stored in the memory of the Accused Devices enables only one transition elicited by a gesture that 

begins at the location at which the Control Bar is presented: a transition from the Lock Screen to the Control 

Center screen. 

 

3. The computer readable 

medium of claim 1, 

wherein the tap-present 

state does not display the 

tap-activatable icons 

within a window frame. 

The code stored in the memory of the Accused Devices causes the device not to display tap-activatable icons of 

the Home Screen within a window frame: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 59 of 71
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Home screen, iPhone 11.

The code stored in the memory of the Accused Devices causes the device not to display tap-activatable icons of 

the Control Center screen within a window frame: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 60 of 71
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Control Center, iPhone 11.

5. The computer readable 

medium of claim 1, 

wherein the plurality of 

The memory of the Accused Devices stores code for enabling the device to display a user interface comprising a 

Home Screen, which presents a tap-activatable icon for a clock function: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 61 of 71
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pre-designated system 

functions comprises a 

clock function. 

Home screen, iPhone 11.

The memory of the Accused Devices stores code for enabling the device to display a user interface comprising a 

Control Center screen, which presents a tap-activatable icon for a clock function: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 62 of 71
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Control Center, iPhone 11.

6. The computer readable 

medium of claim 1, 

wherein the plurality of 

The memory of the Accused Devices stores code for enabling the device to display a user interface comprising a 

Home Screen, which presents a tap-activatable icon for an alarm function: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 63 of 71
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pre-designated system 

functions comprises an 

alarm function. 

Home screen, iPhone 11.

The memory of the Accused Devices stores code for enabling the device to display a user interface comprising a 

Control Center screen, which presents a tap-activatable icon for an alarm function: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 64 of 71
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Control Center, iPhone 11.

7. The computer readable 

medium of claim 1, 

wherein the strip is less 

The code stored in the memory of the Accused Devices causes the device to present the Home Bar on the Lock 

Screen in a strip along an edge of the display that is less than a thumb’s width wide within the display screen: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 65 of 71
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than a thumbs width wide 

within the display 

screen. 

Lock screen, iPhone 11. 

The code stored in the memory of the Accused Devices causes the device to present the Control Bar on the Lock 

Screen in a strip along an edge of the display that is less than a thumb’s width wide within the display screen: 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 66 of 71
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Lock screen, iPhone 11.

8. The computer readable 

medium of claim 1, 

wherein the multi-step 

user gesture comprises (i) 

the object touching the 

otherwise-activatable 

graphic, and (ii) the object 

The memory of the Accused Devices includes code for causing the user interface to transition from the Lock 

Screen to the Home Screen when an object capable of being sensed by a capacitive touchscreen (such as a user’s 

finger) touches the display at the location of the Home Bar and glides upward on the display away from the 

location of the Home Bar and more than one thumb’s width away from the edge of the display, if Face ID has 

been configured and enabled. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 67 of 71
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gliding on the display 

screen away from and out 

of the strip. 

The memory of the Accused Devices includes code for causing the user interface to transition from the Lock 

Screen to the Control Center screen when an object capable of being sensed by a capacitive touchscreen (such as 

a user’s finger) touches the display at the location of the Control Bar and glides downward on the display away 

from the location of the Control Bar and more than one thumb’s width away from the edge of the display. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 68 of 71
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EXHIBIT B 

 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 69 of 71
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Patent Priority Date 

U.S. 8,095,879 No later than 5/25/2000 

U.S. 8,812,993 No later than 5/25/2000 

 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 70 of 71
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CERTIFICATE OF SERVICE 

 I hereby certify that on the 16th day of October 2020, I caused to be served counsel 

of record via electronic mail at the following addresses. 

 /s/ William Stevens 

 William Stevens

Betty H. Chen 

Fish & Richardson PC 

111 Congress Avenue, Suite 810 

Austin, TX 78701 

(512) 472-5070 

Fax: 512/320-8935 

Bchen@fr.com 

Benjamin C. Elacqua 

Kathryn A. Quisenberry 

Fish and Richardson PC 

1221 McKinney Street Suite 2800 

Houston, TX 77010 

713-654-5300 

Fax: 713-652-0109 

Elacqua@fr.com 

Quisenberry@fr.com 

Attorneys for Defendant Apple Inc. 

Case 6:20-cv-00505-ADA Document 27-2 Filed 11/05/20 Page 71 of 71