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H-W Technology, L.C. filed a patent infringement action against Apple and several other defendants including Amazon and Buy.com. H-W alleged that it had ownership of U.S. Patent No. 7,525,955, entitled internet protocol phone with search and advertising capability the 955 patent. The 955 patent is directed to systems and methods of using a multi-convergence device, including phones commonly referred to as smart phones, which are able to converge voice and data within a single terminal, and which allow users of such devices via domain specific applications to receive information and offers from merchants and to complete a transaction with one of said merchants without having to generate a phone call. The defendants argued that claims 1 and 17 of the patent were indefinite and invalid under 35 U.S.C. 112, paragraph 2, for combining two statutory classes of invention within a single claim. The defendants also asserted that claim construction was not necessary to rule on the motion to dismiss because H-W had not included any argument in its claim construction briefs regarding the subject-matter class covered by the claim language at issue. H-W asserted that the validity of its patent claims had to be considered on summary judgment context, with the benefit of claim construction and expert discovery, and not on a motion to dismiss. The district court agreed with H-W, finding that at least one court in this district has held that claim indefiniteness is a matter which is more appropriately addressed through summary judgment. See Mannatech, Inc. v. TechMedia Health, Inc., No. 3:06-CV-00813-P, 2009 WL 3614359, at 15 (N.D. Tex. Oct. 29, 2009) (determination of claim indefiniteness is not appropriate at the claim construction stage because a court must first attempt to determine what a claim means before it can determine whether the claim is invalid for indefiniteness). Another court in this circuit has refused to consider validity arguments even on a summary judgment motion, reasoning that claim construction had not yet occurred. See Innovention Toys, LLC v. MGA Entm't, Inc., No. 07-6510, 2009 WL 424398, at 8 (E.D. La. Feb. 19, 2009) ('[I]t is incumbent on a court to set forth its construction of any disputed terms before making findings on validity unless the court determines that the resolution of claim construction would not impact its ruling. The defendants also contended that H-W had failed to plead sufficient facts to support a claim for direct infringement under 35 U.S.C. 271(a). As explained by the district court, "[a]s in their first motion, Defendants again argue that claim 9 is a method claim with steps requiring performance by at least two parties. They contend that to succeed on its direct infringement claim, Plaintiff must make joint infringement allegations against the defendants- and that it has not done so. (Docs. 195 at 15-17; 391 at 2-3.) Defendants contend that a cognizable claim of joint infringement requires identification of a second party and an allegation that each defendant exercises control over the second party through an agency or contractual relationship. Contrary to the defendants' assertion, H-W maintained that the method may be performed by a single party and that the court cannot properly decide Defendants' motion without engaging in claim construction. H-W therefore contended that the Defendants' motion was premature and should also be denied on grounds that the Court had not yet issued its claim construction ruling.

Apple Inc. showed a sneak peek into the future of the pro desktop with a first look at the next generation Mac Pro(R). Designed around a revolutionary unified thermal core, the Mac Pro introduces a completely new pro desktop architecture and design that is optimized for performance inside and out. With next generation Xeon processors, dual workstation-class GPUs, Thunderbolt 2, PCIe-based flash storage, and ultra-fast ECC memory, the new 9.9-inch tall Mac Pro packs an amazing amount of power into an incredibly small package. The next generation Mac Pro packs an amazing amount of power into an incredibly small package. The next generation Mac Pro is architected around an ingenious unified thermal core that allows the desktop to efficiently share its entire thermal capacity across all the processors. The result is a pro desktop with breakthrough performance packed into a design that is one-eighth the volume of the current Mac Pro. Next generation Intel Xeon E5 processors with up to 12 core configurations deliver double the floating point performance. With two AMD FirePro workstation-class GPUs, the all-new Mac Pro is up to 2.5 times faster than the current Mac Pro and delivers up to an amazing 7 teraflops of compute power. The new Mac Pro also features PCIe-based flash storage that is up to 10 times faster than conventional desktop hard drives and includes the latest four-channel ECC DDR3 memory running at 1866 MHz to deliver up to 60GBps of memory bandwidth. With all that power, the new Mac Pro lets seamlessly edit full-resolution 4K video while simultaneously rendering effects in the background. The next generation Mac Pro is the most expandable Mac(R) ever built. With six Thunderbolt 2 ports that can deliver up to 20Gbps of bandwidth to each external device, Mac Pro is perfect for connecting to external storage, multiple PCI expansion chassis, audio and video breakout boxes, and the latest external displays, including 4K desktop displays. Each of the six Thunderbolt 2 ports supports up to six daisy-chained devices, giving the ability to connect up to 36 high-performance peripherals. Thunderbolt 2 is completely backwards compatible with existing Thunderbolt peripherals, and allows to transfer data between Macs faster and easier than ever.

Apple Inc. updated MacBook Air with all day battery life, fourth generation Intel Core processors with faster graphics, 802.11ac Wi-Fi and flash storage that is up to 45% faster than the previous generation. The ultimate everyday notebook is now an even better value, with 11-inch models featuring double the storage and 13-inch models starting at a new lower price of $1,099. The company also introduced completely redesigned AirPort Extreme and AirPort Time Capsule base stations featuring 802.11ac Wi-Fi for up to three times faster performance. The new MacBook Air features all day battery life, fourth generation Intel Core processors, 802.11ac Wi-Fi and flash storage that is up to 40% faster. The new MacBook Air features power-efficient fourth generation Intel Core i5 and Core i7 processors that give the 13-inch MacBook Air up to 12 hours of battery life and up to 10 hours of iTunes movie playback. The 11-inch MacBook Air delivers up to 9 hours of battery life and up to 8 hours of iTunes movie playback. MacBook Air now supports next generation 802.11ac Wi-Fi for wireless performance that is up to three times faster when connected to an 802.11ac base station. New Intel HD Graphics 5000 gives MacBook Air up to 40% faster performance for gaming and graphics intensive apps, and new flash storage provides speeds up to 45% faster than the previous generation and nine times faster than traditional hard drives. The incredibly thin and light design features dual microphones, a FaceTime HD camera, a high-speed Thunderbolt port and two USB 3.0 ports. MacBook Air also supports dual displays and video mirroring while simultaneously supporting full native resolution on the built-in display. AirPort Extreme and AirPort Time Capsule base stations feature three-stream 802.11ac Wi-Fi technology with a maximum data rate of 1.3Gbps, almost three times faster than 802.11n. The new AirPort base stations include high-powered radios and a six-element beam-forming antenna array to maximize range and performance. With setup built right into OS X and iOS, users can create a high-speed Wi-Fi network in just a few clicks, and the intuitive AirPort Utility makes it easy to view and manage a network graphically. Featuring 2TB or 3TB hard drives, AirPort Time Capsule works in conjunction with Time Machine(R) in OS X and is the simplest way to wirelessly backup multiple Macs. Measuring just 3.85-inches by 3.85-inches and 6.6-inches tall, these new base stations can be placed almost anywhere in the home.