`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF SOUTH CAROLINA
`GREENVILLE DIVISION
`
`ZIPIT WIRELESS INC.,
`
`Plaintiff,
`
`
`
`v.
`
`)
`)
`)
`)
`)
`)
`)
`BLACKBERRY LIMITED f/k/a RESEARCH
`)
`IN MOTION LIMITED and BLACKBERRY
`)
`CORPORATION f/k/a RESEARCH IN
`)
`MOTION CORPORATION,
`)
`)
`)
`
`
`
`
`
`Civil Action No. 6:13-cv-2959-JMC
`
`
`PLAINTIFF ZIPIT WIRELESS
`INC.’S PRELIMINARY
`DISCLOSURE OF ASSERTED
`CLAIMS AND INFRINGEMENT
`CONTENTIONS
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`Pursuant to section II.a of the Consent Amended Scheduling Order entered March 4,
`
`
`
`2014, Plaintiff, Zipit Wireless Inc. (“Zipit”) hereby submits its Preliminary Disclosure of
`
`Asserted Claims and Infringement Contentions. Zipit’s ability to prepare complete and
`
`detailed infringement contentions has been severely hampered by 1) the refusal by
`
`Defendants Blackberry Limited and Blackberry Corporation (collectively “Blackberry”) to
`
`provide details about the operation of their products and/or system until a protective order is in
`
`place and subsequent refusal to agree to the Court’s standing protective order; and 2)
`
`Blackberry’s stated refusal to provide information “sufficient to show how accused products
`
`work” until “June 18, 2014” and refusal to complete its document production until sometime in
`
`September 2014.
`
`Plaintiff’s infringement contentions are therefore preliminary, and designated as such,
`
`until Plaintiff has an opportunity to review Blackberry’s discovery, including the documents that
`
`will show how the accused products work that Blackberry will not produce until June 18, 2104.
`
`Plaintiff reserves the right to modify, amend, and/or supplement its asserted claims and/or its
`
`
`
`1
`
`BLACKBERRY EX. 1009, pg. 1
`
`

`

`
`infringement contentions once Blackberry has complied with its discovery obligations. Plaintiff
`
`also reserves the right to modify, amend, and/or supplement its asserted claims and/or its
`
`infringement contentions in light of Defendants’ contentions and/or any reason permitted under
`
`the Federal Rules of Civil Procedure and/or the Local Rules of this Court.
`
`I.
`
`
`
`Preliminary Disclosure Of Asserted Claims And Infringement Contentions
`
`Pursuant to section II.a.i. of the Consent Amended Scheduling Order entered March
`
`4, 2014, Zipit hereby submits the following:
`
`(a) Each claim of each patent in suit that is allegedly infringed by each opposing
`party, including for each claim the applicable statutory subsections of 35 U.S.C.
`§271 asserted;
`
`Zipit’s ability to identify each claim that is infringed by Defendants is severely hampered
`
`by Defendants’ specific refusal to provide information “sufficient to show how accused products
`
`work” until “June 18, 2014, subject to entry of a confidentiality order” and refusal to complete its
`
`document production until sometime in September 2014. Based on the information currently
`
`available, Zipit presently contends that claims 1, 2, 5-12, 17-21, 24-31, and 36-40 of U.S. Patent
`
`No. 7,292,870; claims 1, 3-5, 10-17, and 20 of U.S. Patent No. 7,894,837; claims 1, 2, 5, and 7 of
`
`U.S. Patent No. 8,086,678; and claims 1, 2, 4-7, 9, 10, and 12 of U.S. Patent No. 8,190,694 have
`
`and continue to be infringed by Defendants. The above-identified patents are referred to
`
`collectively herein as “the Patents-in-Suit.”
`
`(b) Separately for each asserted claim, each accused apparatus, product, device,
`process, method, act, or other instrumentality (“Accused Instrumentality”) of each
`opposing party of which the party is aware. This identification shall be as specific
`as possible. Each product, device, and apparatus shall be identified by name or
`model number, if known. Each method or process shall be identified by name, if
`known, or by any product, device, or apparatus which, when used, allegedly results
`in the practice of the claimed method or process;
`
`
`
`2
`
`BLACKBERRY EX. 1009, pg. 2
`
`

`

`
`
`Zipit presently contends that at least the following WiFi-enabled smartphones/instant
`
`messaging devices include an instant messaging application, such as Blackberry Messenger
`
`(BBM), made, used, offered for sale, sold, and/or imported by Blackberry likely infringe one or
`
`more claims of U.S. Patent No. 7,292,870 and/or U.S. Patent No. 7,894,837:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`Z10;
`
`Z30;
`
`Q5;
`
`Q10;
`
`9720;
`
`Curve 8320;
`
`Curve 8350i;
`
`Curve 8520;
`
`Curve 8530;
`
`Curve 8900;
`
`Curve 8980;
`
`Curve 9300;
`
`Curve 9320;
`
`Curve 9330;
`
`Curve 9350;
`
`Curve 9360;
`
`Curve 9370;
`
`Curve 9380;
`
`Bold 8900;
`
`Bold 9000;
`
`
`
`3
`
`BLACKBERRY EX. 1009, pg. 3
`
`

`

`
`
`
`
`21.
`
`22.
`
`23.
`
`24.
`
`25.
`
`26.
`
`27.
`
`28.
`
`29.
`
`30.
`
`31.
`
`32.
`
`33.
`
`34.
`
`35.
`
`36.
`
`37.
`
`Bold 9650;
`
`Bold 9700;
`
`Bold 9780;
`
`Bold 9790;
`
`Bold Touch 9900;
`
`Torch 9800;
`
`Torch 9810;
`
`Torch 9850;
`
`Torch 9860;
`
`Porsche Design P’9981;
`
`Storm2 9520;
`
`Storm2 9550;
`
`Pearl 8120;
`
`Pearl 9100;
`
`Pearl Flip 8220;
`
`Style 9670; and
`
`8820.
`
`Zipit presently contends that at least the Blackberry Enterprise Service 10, either alone or
`
`in conjunction with a device implementing a messaging application or service such as BBM,
`
`made, used, offered for sale, sold, and/or imported by Blackberry, likely infringe one or more
`
`claims of U.S. Patent No. 8,086,678, and/or U.S. Patent No. 8,190,694.
`
`Zipit reserves the right to amend and/or supplement the above contentions as, and when,
`
`Blackberry complies with its discovery obligations regarding its products and/or the
`
`operation of its products.
`
`4
`
`BLACKBERRY EX. 1009, pg. 4
`
`

`

`
`
`(c) A chart identifying specifically where each limitation of each asserted claim is
`found within each Accused Instrumentality, including for each limitation that such
`party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s),
`act(s), or material(s) in the Accused Instrumentality that performs the claimed
`function.
`
`Zipit’s ability to identify specifically where each limitation of each asserted claim may be
`
`found is severely hampered by Defendants’ specific refusal to provide information “sufficient to
`
`show how accused products work” until “June 18, 2014, subject to entry of a confidentiality
`
`order” and refusal to complete its document production until sometime in September 2014.
`
`Based on the information currently available to Plaintiff, see the claim charts at Exhibits “A” –
`
`“D” hereto. In the claim charts, citations to features and/or functionality of a particular model of
`
`Blackberry smartphone is for exemplary purposes, and such feature and/or functionality should
`
`be understood to be applicable to all identified Blackberry smartphone models. Zipit reserves
`
`the right to amend these claim charts, including adding new claims and/or theories of
`
`infringement for identified claims once Defendants comply with their discovery obligations.
`
`Zipit does not presently contend that any limitation is governed by 35 U.S.C. §112(6).
`
`(d) For each claim which is alleged to have been indirectly infringed, an
`identification of any direct infringement and a description of the acts of the alleged
`indirect infringer that contribute to or are inducing that direct infringement.
`Insofar as alleged direct infringement is based on joint acts of multiple parties, the
`role of each such party in the direct infringement must be described.
`
`Defendant Blackberry directly and indirectly infringes each one of the above identified
`
`claims of the Patents-in-Suit. Blackberry indirectly infringes each one of the above identified
`
`claims of the Patents-in-Suit at least by offering for sale and selling the above described
`
`exemplary products to retailers and end users along with instructions of use with knowledge of
`
`the Patents-in-Suit.
`
`
`
`5
`
`BLACKBERRY EX. 1009, pg. 5
`
`

`

`
`
`(e) Whether each limitation of each asserted claim is alleged to be literally present
`or present under the doctrine of equivalents in the Accused Instrumentality;
`
`Each limitation of each one of the above identified claims of the Patents-in-Suit is literally
`
`present in the above described exemplary smartphones/instant messaging devices and/or
`
`Enterprise Service 10.
`
`(f) For any patent that claims priority to an earlier application, the priority date to
`which each asserted claim allegedly is entitled; and
`
`Based on Zipit’s investigation to date, and on presently known and available information,
`
`the claims of U.S. Patent No. 7,292,870 and U.S. Patent No. 7,894,837 claim priority to U.S.
`
`Provisional Patent Application Ser. No. 60/532,000 which was filed on December 24, 2003.
`
`Based on Zipit’s investigation to date, and on presently known and available information,
`
`the claims of U.S. Patent No. 8,086,678 and U.S. Patent No. 8,190,694 claim priority to U.S.
`
`Provisional Patent Application Ser. No. 60/995,107 which was filed on September 24, 2007.
`
`(g) If a party claiming patent infringement wishes to preserve the right to rely, for
`any purpose, on the assertion that its own apparatus, product, device, process,
`method, act, or other instrumentality practices the claimed invention, the party shall
`identify, separately for each asserted claim, each such apparatus, product, device,
`process, method, act, or other instrumentality that incorporates or reflects that
`particular claim.
`
`
`
`Based on Zipit’s investigation to date, and on presently known and available information
`
`Zipit has offered for sale and sells at least the following products covered by the claims of U.S.
`
`Patent No. 7,292,870 and U.S. Patent No. 7,894,837:
`
`Zipit Wireless Messenger, Zipit 2 Wireless Messenger, and Zipit Now.
`
`6
`
`
`
`
`
`BLACKBERRY EX. 1009, pg. 6
`
`

`

`
`
`
`Based on Zipit’s investigation to date, and on presently known and available information
`
`Zipit has offered for sale and sells at least the following products covered by the claims of U.S.
`
`Patent No. 8,086,678 and U.S. Patent No. 8,190,694:
`
`
`
`Zipit 2 Wireless Messenger, Zipit Now, Zipit Confirm Mobile Application, and Zipit
`
`Enterprise Critical Messaging Solution.
`
`(h) If a party claiming patent infringement alleges willful infringement, the basis for
`such allegation.
`
`
`
`Based on Zipit’s investigation to date, and on presently known and available information
`
`Defendants have willfully infringed the Patents-in-Suit since at least receiving notice of the
`
`Patents-in-suit in the August 27, 2013 letter from Zipit’s counsel, and possibly as early as May
`
`2013. In the face of actual notice of the Patents-in-Suit and Zipit’s infringement allegations,
`
`Defendants’ continued infringement of the Patents-in-Suit has been, and continues to be,
`
`objectively reckless, and thus, willful. Defendants have failed to provide Zipit with any credible,
`
`admissible evidence of alleged non-infringement, invalidity, or unenforceability of any claim of
`
`the Patents-in-Suit.
`
`II.
`
`Document Production Accompanying Disclosure
`
`
`
`Pursuant to section II.a.ii. of the Consent Amended Scheduling Order entered March
`
`4, 2014, Zipit hereby submits the following:
`
`(i) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing
`materials, offer letters, beta site testing agreements, and third party or joint
`development agreements) sufficient to evidence each discussion with, disclosure to,
`or other manner of providing to a third party, or sale of or offer to sell, or any
`public use of, the claimed invention prior to the date of application for the patent in
`suit. A party’s production of a document as required herein shall not constitute an
`admission that such document evidences or is prior art under 35 U.S.C. § 102.
`
`
`
`7
`
`BLACKBERRY EX. 1009, pg. 7
`
`

`

`
`
`Based on Zipit’s investigation to date, and on presently known and available information,
`
`Zipit is not aware of any such documents prior to the priority dates of any of the Patents-in-suit.
`
`(ii) All documents evidencing the conception, reduction to practice, design, and
`development of each claimed invention, which were created on or before the date of
`application for the patent in suit or the priority date identified pursuant to Patent
`L.R. 3-1(f), whichever is earlier.
`
`Based on Zipit’s investigation to date, and on presently known and available information,
`
`Zipit has either produced all such documents or will make them available for inspection at a
`
`mutually agreed time and location.
`
`(iii) A copy of the file history for each patent in suit.
`
`Zipit has already produced file histories for the Patents-in-Suit.
`
`(iv) All documents evidencing ownership of the patent rights by the party asserting
`patent infringement.
`
`Based on Zipit’s investigation to date, and on presently known and available information,
`
`Zipit has either produced all such documents or will make them available for inspection at a
`
`mutually agreed time and location.
`
`(v) If a party identifies instrumentalities pursuant to Patent L.R. 3-1(g), documents
`sufficient to show the operation of any aspects or elements of such instrumentalities
`the patent claimant relies upon as embodying any asserted claims.
`
`Based on Zipit’s investigation to date, and on presently known and available information,
`
`Zipit has either produced all such documents or will make them available for inspection at a
`
`mutually agreed time and location.
`
`
`
`
`
`
`
`8
`
`BLACKBERRY EX. 1009, pg. 8
`
`

`

`Respectfully submitted, this 2nd day of May, 2014.
`
`
`
`
`
`
`
`
`
`/s/ Stephen R. Risley
`
`Robert P. Foster
`FOSTER LAW FIRM, LLC
`601 East McBee Avenue
`Suite 104
`Greenville, SC 29601
`Telephone: (864) 242-6200
`Facsimile: (864) 233-0290
`Email: rfoster@fosterfoster.com
`
`
`Stephen R. Risley (Admitted pro hac)
`SMITH RISLEY TEMPEL SANTOS LLC
`Two Ravinia Drive, Suite 700
`Atlanta, GA 30346
`Telephone: (770) 709-0022
`Facsimile: (770) 804-0900
`Email: srisley@srtslaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 2, 2014, I served the foregoing by electronic mail in
`accordance with the Parties’ agreement to serve via electronic mail.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Stephen R. Risley
`
`
`
`
`
`
`
`
`
`9
`
`BLACKBERRY EX. 1009, pg. 9
`
`

`

`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`
`
`
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`instant messaging
`
`
`1. A handheld
`comprising:
`
`a handheld terminal housing;
`
`
`
`
`terminal
`
`a data entry device integrated in the terminal
`housing, the data entry device being configured to
`generate textual characters and graphical symbols
`in response to actuation of the data entry device;
`
`
`a display mounted in the terminal housing to
`display textual characters and graphical symbols
`including the textual characters and graphical
`symbols generated by the data entry device;
`
`
`Supported Blackberry smartphones are instant messaging terminals and have a
`handheld housing. See, e.g.:
`
`http://us.blackberry.com/smartphones.html?LID=us:bb:devices:smartphones&L
`POS=us:bb:devices#
`
`Supported Blackberry smartphones have a data entry device integrated in the
`housing of the phone. The data entry devices include pushbutton or touch
`sensitive interfaces for generating textual characters and graphical symbols.
`See, e.g.:
`
`http://us.blackberry.com/smartphones.html?LID=us:bb:devices:smartphones&L
`POS=us:bb:devices#
`
`Supported Blackberry smartphones have a display device integrated in the
`housing of the smartphone. The display devices present text and graphical
`symbols. See, e.g.:
`
`http://us.blackberry.com/smartphones.html?LID=us:bb:devices:smartphones&L
`POS=us:bb:devices#
`
`1
`
`BLACKBERRY EX. 1009, pg. 10
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`Internet protocol communications module
`an
`located within the handheld terminal housing to
`generate data messages in an Internet protocol;
`
`
`http://blackberry-messenger.en.softonic.com/blackberry
`
`http://us.blackberry.com/bbm.html?lid=us:bb:bbm&lpos=us:bb:bbm
`
`http://demos.blackberry.com/blackberry-z10/na/us/gen/how-to/bbm/blackberry-
`messenger/getting-started-with-bbm/index.html
`
`See also “Add an emoticon” by pressing the “Symbol key twice and clicking an
`emoticon”:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/2734/Add_an_em
`oticon_bbm_26550_11.jsp
`
`Supported Blackberry smartphones have an Internet protocol communications
`module (such as a core in communication with a transceiver and/or other
`elements) to generate data messages in an Internet protocol, such as Wi-Fi:
`
`See, e.g., http://us.blackberry.com/smartphones/blackberry-
`q10/specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-bold-
`9790.html#/h:/smartphones/blackberry-bold-9790/phone-specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-curve-9350-9360-
`9370.html#/h:/smartphones/blackberry-curve-9350-9360-9370/phone-
`specifications.html
`
`
`2
`
`BLACKBERRY EX. 1009, pg. 11
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`See http://us.blackberry.com/devices/features/connections.html discussing:
`“Move from home to the coffee shop to the airport and to the office without
`missing a beat while connecting to Wi-Fi® Hotspots wherever they're available.
`By using Wi-Fi, you could lower data costs by browsing, instant messaging and
`downloading apps on the go without using your data plan.”
`
`See also: “With Wi-Fi® technology, your BlackBerry® smartphone can access
`the Internet by connecting to a wireless router or wireless access point at your
`home, work, or in a hotspot area. Your smartphone uses the Wi-Fi network
`instead of the mobile network to visit webpages, send and receive email
`messages, and so on.”
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/33213/About_con
`necting_to_a_Wi-Fi_network_61_1576492_11.jsp
`
`See also Wi-Fi network settings, Enable IPv6:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/61705/mes13353
`75421330.html
`
`Supported Blackberry smartphones have a wireless, Internet protocol
`communications module (such as a core) coupled to a wireless transceiver:
`
`See, e.g., http://us.blackberry.com/smartphones/blackberry-
`q10/specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-bold-
`
`3
`
`a wireless transceiver mounted within the handheld
`terminal housing and coupled to the Internet
`protocol communications module
`to generate
`wireless data messages
`that
`include
`the data
`messages in the Internet protocol, the wireless
`transceiver radiates the wireless data messages from
`an antenna coupled to the wireless transceiver; and
`
`BLACKBERRY EX. 1009, pg. 12
`
`

`

`
`
`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`9790.html#/h:/smartphones/blackberry-bold-9790/phone-specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-curve-9350-9360-
`9370.html#/h:/smartphones/blackberry-curve-9350-9360-9370/phone-
`specifications.html
`
`See also the instructions for ensuring the “Wi-Fi transceiver is turned on” for
`Blackberry smartphones in order to send data messages at:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/48934/rok137770
`5591278.jsp
`
`Supported Blackberry smartphones allow for wireless data messages, including
`data messages in the Internet protocol.
`
`
`See, e.g., http://us.blackberry.com/devices/features/connections.html which
`discusses:
`
` “Move from home to the coffee shop to the airport and to the office without
`missing a beat while connecting to Wi-Fi® Hotspots wherever they're available.
`By using Wi-Fi, you could lower data costs by browsing, instant messaging
`and downloading apps on the go without using your data plan.” [Emphasis
`added]
`
`See also Wi-Fi network settings, Enable IPv6:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/61705/mes13353
`
`4
`
`BLACKBERRY EX. 1009, pg. 13
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`75421330.html
`
`The wireless transceiver radiates the wireless data messages from an antenna
`coupled to the wireless transceiver within the handheld terminal housing.
`
`See, e.g. instructions for ensuring the “Wi-Fi transceiver is turned on” for
`Blackberry smartphones in order to send e-mail and other data messages:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/48934/rok137770
`5591278.jsp
`
`See also “BlackBerry Paratek Antenna technology”:
`
`http://us.blackberry.com/smartphones/blackberry-z30/overview/highlights.html
`
`Supported Blackberry smartphones include a control module with at least one
`processor for executing an application program. One example of such a
`control module is a core with a processor.
`
`See, e.g., http://us.blackberry.com/smartphones/blackberry-
`q10/specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-bold-
`9790.html#/h:/smartphones/blackberry-bold-9790/phone-specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-curve-9350-9360-
`9370.html#/h:/smartphones/blackberry-curve-9350-9360-9370/phone-
`
`5
`
`a control module located within the handheld
`terminal housing and coupled to the Internet
`protocol communications module,
`the control
`module including at least one processor that
`executes an application program to implement at
`least one instant messaging protocol for generation
`of instant messaging (IM) data messages that are
`compatible with an instant messaging service, the
`control module providing the IM data messages that
`are compatible with an instant messaging service to
`the Internet protocol communications module to
`enable the IM data messages to be communicated
`
`BLACKBERRY EX. 1009, pg. 14
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`during at least one conversation session through the
`Internet protocol communications module and the
`wireless transceiver.
`
`
`specifications.html
`
`Such application programs include application programs to implement at least
`one instant messaging protocol.
`
`See, e.g. http://us.blackberry.com/devices/features/communications.html
`discussing BBM:
`
`“The instant messaging app just for your BlackBerry” that allows users to
`“Send and receive messages in seconds, see when your contacts are typing and
`know when your messages are delivered and read. With BBM™, you can swap
`pictures and videos, and even chat and connect with friends within other apps.”
`
`Also disclosing that Blackberry provides active support for instant messaging
`that is compatible with other instant messaging services for its smartphones,
`such as Yahoo Messenger and Google Talk: “How does it work on your
`BlackBerry smartphone? Download chat and instant messaging applications
`like Google Talk™, Windows Live™ Messenger and Yahoo!® Messenger on
`your BlackBerry smartphone. Chat with friends, instantly share photos and
`always be part of the conversation.”
`
`Supported smartphones also provide the IM data messages that are compatible
`with an instant messaging service to the Internet protocol communications
`module to enable the IM data messages to be communicated during at least one
`conversation session through the Internet protocol communications module and
`the wireless transceiver.
`
`See, e.g. http://us.blackberry.com/devices/features/communications.html
`
`6
`
`BLACKBERRY EX. 1009, pg. 15
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`
`http://us.blackberry.com/bbm.html?lid=us:bb:bbm&lpos=us:bb:bbm;
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/48934/rok137770
`5591278.jsp
`
`See the instructions for ensuring the “Wi-Fi transceiver is turned on” for
`Blackberry smartphones in order to send data messages at:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/48934/rok137770
`5591278.jsp
`
`See also, http://us.blackberry.com/devices/features/connections.html which
`discusses:
`
` “By using Wi-Fi, you could lower data costs by browsing, instant messaging
`and downloading apps on the go without using your data plan.” [Emphasis
`added]
`
`For supported Blackberry smartphones, available networks are detected by the
`wireless transceiver receiving a beacon.
`
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/48934/Chunk123
`5998120.jsp#rok1377717203046
`
`See also e.g.: “Move from home to the coffee shop to the airport and to the
`office without missing a beat while connecting to Wi-Fi® Hotspots wherever
`they're available.”
`
`7
`
`The terminal of claim 1, the control module
`3.
`being further configured to detect beacons received
`by the wireless transceiver from a plurality of
`wireless network access points and to prioritize the
`detected beacons by strength of detected signal.
`
`
`BLACKBERRY EX. 1009, pg. 16
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`
`http://us.blackberry.com/devices/features/connections.html
`
`See also: “Your device is designed to switch to an appropriate wireless network
`automatically when you travel.”
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/14928/Switch_wi
`reless_networks_manually_26946_11.jsp
`
`Supported Blackberry smartphones can detect and prioritize networks based on
`signal strength.
`
`See “If you cannot see the network in the list, it may be an issue with signal
`strength.”
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/48934/Chunk123
`5998120.jsp#rok1377717203046
`
`
`See also setting up Wi-Fi connections demonstration, which shows available
`Wi-Fi networks listed in order of network strength:
`
`http://www.verizonwireless.com/support/devices/knowledge_base.html/33149
`
`Supported Blackberry smartphones include a memory in which a profile can be
`stored,
`
`See, e.g., http://us.blackberry.com/smartphones/blackberry-
`
`8
`
`The terminal of claim 1, the control module
`4.
`including memory in which a profile is stored, the
`profile containing network settings for a network
`communicating with the communications module
`
`BLACKBERRY EX. 1009, pg. 17
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`and the wireless transceiver through a wireless
`network access point.
`
`
`The terminal of claim 1, the control module
`5.
`being further configured to access a plurality of
`instant messaging service providers through the
`wireless network access point, to generate a buddy
`list identifying buddies coupled to each instant
`
`q10/specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-bold-
`9790.html#/h:/smartphones/blackberry-bold-9790/phone-specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-curve-9350-9360-
`9370.html#/h:/smartphones/blackberry-curve-9350-9360-9370/phone-
`specifications.html
`
`The saved profile contains network settings for a network:
`
`See setting up Wi-Fi connections demonstration, which shows saving network
`settings:
`
`http://www.verizonwireless.com/support/devices/knowledge_base.html/33149
`
`See also: “When you connect to a Wi-Fi network, your smartphone saves the
`connection information so that the next time that you are within range of that
`network, your smartphone connects to it automatically.”
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/33213/About_con
`necting_to_a_Wi-Fi_network_61_1576492_11.jsp
`
`Supported Blackberry smartphones can generate a buddy list (such as a list of
`contacts), coupled to each of a plurality of instant messaging service accessed
`through the wireless network access point, and display the buddy list in
`response to a buddy list key (such as a contact key) being activated:
`
`
`9
`
`BLACKBERRY EX. 1009, pg. 18
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`messaging service accessed by the control module
`and to display the buddy list on the display mounted
`in the terminal housing in response to a buddy list
`key being depressed on the data entry device.
`
`
`The terminal of claim 1 further comprising:
`10.
`an audio player for generating sound from a
`downloaded file; and the control module being
`configured to download and store audio files in a
`memory within the terminal housing.
`
`
`See, e.g., the discussion of how to add Windows Live Messenger, Google Talk,
`and Yahoo Messenger friends/buddies to a Blackberry smartphone:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/47561/ako133797
`5561513.jsp#ako1337975561513
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/47561/laf133433
`9296935.jsp#laf1334339296935
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/47561/ako133796
`7382196.jsp#ako1337967382196
`
`Such contacts can be filtered to only see contacts that may be contacted in a
`certain way, such as by instant message:
`
`http://docs.blackberry.com/en/smartphone_users/deliverables/47561/mwa13341
`63994419.jsp#mwa1334164060170
`
`Supported Blackberry smartphones have an audio player for generating sound
`from a downloaded file and a memory in which such downloaded audio files
`may be stored:
`
`See, e.g., http://us.blackberry.com/smartphones/blackberry-
`q10/specifications.html
`
`http://us.blackberry.com/smartphones/blackberry-bold-
`9790.html#/h:/smartphones/blackberry-bold-9790/phone-specifications.html
`
`
`10
`
`BLACKBERRY EX. 1009, pg. 19
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`11. A method for managing wireless network
`access and instant messaging through a wireless
`access point with a handheld instant messaging
`terminal comprising:
`
`
`http://us.blackberry.com/smartphones/blackberry-curve-9350-9360-
`9370.html#/h:/smartphones/blackberry-curve-9350-9360-9370/phone-
`specifications.html
`
`See also “Browse the latest charts, preview recently released tracks and
`discover, purchase and download high quality, DRM-free MP3 music directly
`to your BlackBerry device.”
`
`http://us.blackberry.com/devices/features/media.html
`
`Supported Blackberry smartphones are instant messaging terminals.
`
`http://us.blackberry.com/smartphones.html?LID=us:bb:devices:smartphones&L
`POS=us:bb:devices#
`
`Supported Blackberry smartphones allow for communicating instant messages
`with a wireless, Internet protocol access point.
`
`See, e.g., http://us.blackberry.com/devices/features/connections.html which
`discusses:
`“Move from home to the coffee shop to the airport and to the office without
`missing a beat while connecting to Wi-Fi® Hotspots wherever they're available.
`By using Wi-Fi, you could lower data costs by browsing, instant messaging and
`downloading apps on the go without using your data plan.”
`
`See also: “With Wi-Fi® technology, your BlackBerry® smartphone can access
`the Internet by connecting to a wireless router or wireless access point at your
`home, work, or in a hotspot area. Your smartphone uses the Wi-Fi network
`
`11
`
`BLACKBERRY EX. 1009, pg. 20
`
`

`

`
`
`Zipit Wireless Inc., v. Blackberry Limited, et al.
`Civil Action No. 6:13-cv-2959-JMC
`
`Exhibit “B”
`
`Preliminary Infringement Contentions – U.S. Patent No. 7,894,837
`
`
`
`U.S. Patent No. 7,894,837
`
`Infringement
`
`gene