Joint Appendix (Part 1)

12345678910111213141516171819202122232425262728suit. DEFENDANTS’ investigation is not yet complete. For example, a number ofreferences have recently been identified, which may affect the validity of the patent-insuit.The relevance of these references is currently being determined. As relevantinformation becomes available, DEFENDANTS will amend or supplement the JointPreliminary Invalidity Contentions as necessary.III. ANTICIPATION OR OBVIOUSNESSA. Patent Local Rule 3-3(b)Pursuant to Patent Local Rule 3-3(b), Exhibit B identifies each item of prior art,taking into account the claim scope and construction Plaintiff appears to employ inalleging infringement and the current stage of discovery, that anticipates each assertedclaim or renders it obvious. References identified in Exhibit B may disclose the elementsof the asserted claims explicitly and/or inherently and/or may be relied upon to show,among other things, the state of the art in the relevant timeframes and/or motivations tocombine references, predictable results of combining known elements, the interrelatedteachings of the patents, the effects of demands known to the design community orpresent in the marketplace, and the background knowledge possessed by a person havingordinary skill in the art.Anticipatory prior art references are listed under the title “§102 Prior ArtReferences” of Exhibit B. For obviousness, the combinations of prior art references thatrender the asserted claims obvious are listed under the title “§103 Prior Art References”of Exhibit B. Motivations to combine references for obviousness, to the extent suchmotivations may provide helpful insight, are also set forth in Exhibit B. The suggestedobviousness combinations in Exhibit B are in the alternative to DEFENDANTS’anticipation contentions set forth in Exhibit B and are not to be construed to suggest thatany reference included in the combination is not anticipatory. To the extent that any ofthe prior art references that DEFENDANTS contend invalidates the asserted claims under35 U.S.C. §102 fails or is found not to disclose, expressly or inherently, each and everyelement and limitation of a claim(s), the DEFENDANTS contend that any such unmet- 3 -DEFENDANTS’ JOINT PRELIMINARY INVALIDITY CONTENTIONSCASE NO. CV10-02225-VBJ (JCx)-A216-