IconFind, Inc. v. Google, Inc.

Filing 66

SECOND AMENDED ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against IconFind, Inc. by Google, Inc.. (Attachments: # 1 Exhibit 1, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F, # 8 Appendix G, # 9 Appendix H, # 10 Appendix I, # 11 Appendix J, # 12 Appendix K)(Malecek, Michael)

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APPENDIX J U.S. Pat. No. 7,181,459 Cole in view of Daviel 1. A computer implemented method of categorizing a network page, comprising: Cole discloses a categorizing system for network pages, implemented on a computer: “A computer system identifies web pages of interest to a client. The system comprises a cataloging function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at Abstract; Cole at col. 2, ll. 35-41. Daviel also discloses a method for categorizing network pages: “This memo describes a simple syntax for describing the copyright status of a World-Wide-Web document in a machinereadable way. When implemented in a Web browser it provides an unambiguous notification when permission must be sought to print or copy material obtained from the network.” Daviel at Abstract. The motivation to combine the references may be found in the common knowledge of those skilled in the art, the prior art as a whole, and/or the nature of the purported problem itself. Cole and Daviel both disclose systems that categorize network pages Therefore, the motivation to combine the references in inherent in the references. [a] providing a list of categories, wherein said list of categories include a category for transacting business and a category for providing information, and wherein said list of categories include a category based on copyright status of material on a page; Cole discloses providing a list of categories: “The system comprises a cataloging function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at col. 2, ll. 35-41. “The cataloging form supports both hierarchical and key word searching, and lists the broad categories 42—recreation, arts, business, science, education . . . obtained from the cataloging function.” Cole at col. 4 ll. 35-38. Daviel discloses that META tags (i.e., labels) can be used to provide a category on copyright status: “Documents on the World-Wide-Web may have varied copyright status. While a human-readable copyright notice is usually included in copyrighted documents, this is usually transparent to automated retrieval agents. This memo describes a simple syntax for defining the copyright status of a document using an HTTP -1- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J header or HTML META tag. Agents implementing this protocol may refuse to print or save a tagged document, or may display an informational message.” Daviel at § 1. [b] assigning said network page to one or more of said list of categories; Cole discloses assigning network pages to one or more categories provided by the system: “The system comprises a cataloging function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at col. 2, ll. 36-40. “In the illustrated embodiment, 30 the key word search also utilizes cataloging function 20, but alternately could use a different key-word search engine provided the engine assigns a category to each data web page and is periodically updated with new data web pages.” Cole at col. 5, ll. 30-34; see also Cole at col. 9, ll. 5-9. Daviel also discloses that META tags can be used to assign network pages to categories: “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. [c] providing a categorization label for the network page using the copyright status of material on the network page; and Cole discloses indicating the categorization label for the network page to the user: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at col. 8, ll. 56-64; Cole at Fig. 5. “These results [from step 332 of Fig. 7] include a list of titles of the data web pages which include the key word and the category of each of the data web pages referenced by the hot links. Then, profile building function adds the header and footer to the results and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; see also Cole at col. 9, ll. 21-27. Daviel also discloses that labels are provided to a network page -2- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J based on the copyright status: [d] controlling usage of the network page using the categorization label and the copyright status of the network page. “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. Cole discloses indicating the categorization label for the network page to the user: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at col. 8, ll. 56-64; Cole at Fig. 5. “These results [from step 332 of Fig. 7] include a list of titles of the data web pages which include the key word and the category of each of the data web pages referenced by the hot links. Then, profile building function adds the header and footer to the results and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; see also Cole at col. 9, ll. 21-27. Daviel describes controlling usage of the network page: “2.1 Protocol A protocol version is defined. This memo defines version 1.0. Three copyright-significant actions are defined: print, save and quote. "Print" refers to making a hard copy of a document, or saving a printer-ready version. "Save" refers to saving a source version of a document to non-volatile media. "Quote" refers to including a portion of a document in a new document. Three numeric levels are defined: 0 - disallowed, 1 - conditionally allowed, 2 - unconditionally allowed. The copy-control directive consists of a list of actions and levels, together with a URL. The URL points to a document describing the copyright status in detail. Action names may be abbreviated to one character. The directive may be given as an HTTP header or as an HTML META tag. The following are valid directives: Copy-Control: version 1.0 print 2 save 2 quote 2 Copy-Control: v 1.0 p 0 s 0 q 1 URL http://some.org/copy.html Copy-Control: v 1.0 p 1 s 1 q 2 u http://some.org/copy.html <META HTTP-EQUIV="Copy-Control" CONTENT="v 1.0 p 2 s 2 q 2"> -3- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J <META HTTP-EQUIV="Copy-Control" CONTENT="version 1.0 print 0 save 0 quote 1 url http://some.org/nocopy.html"> 2.2 Implementation In a user agent such as a Web browser, the copy-control actions would correspond to the browser actions of printing, saving to file, and transferring to clipboard. If the level defined for the requested action is zero, the browser should refuse to perform the action. If the level is one, the browser should generate a warning message. If the level is two, no message is generated. Where a message is generated, it should contain a hyperlink to the URL given in the directive, if any. Typical messages might be: "This document is copyright. You are not allowed to print it. See http://some.org/nocopy.html for details." "This document is copyright. You are allowed to save it subject to certain restrictions. See http://some.org/copy.html for details." "This document is copyright. You are allowed to quote portions of it subject to certain restrictions. See http://some.org/copy.html for details." The URL would normally also be included in a readable copyright notice.” Daviel at §2.1-2.2. 6. The method of claim 1, wherein said plurality of categories based on the copyright status of material on a page comprise categories related to public domain, fair use only, use with attribution, and permission of copyright owner needed. -4- Daviel lists typical examples of copyright statuses that inherently include the claimed categories: “2.1 Protocol A protocol version is defined. This memo defines version 1.0. Three copyright-significant actions are defined: print, save and quote. "Print" refers to making a hard copy of a document, or saving a printer-ready version. "Save" refers to saving a source version of a document to non-volatile media. "Quote" refers to including a portion of a document in a new document. Three numeric levels are defined: 0 - disallowed, 1 - conditionally allowed, 2 - unconditionally allowed. The copy-control directive consists of a list of actions and levels, together with a URL. The URL points to a document describing the copyright status in detail. Action names may be abbreviated to one character. The directive may be given as an HTTP header or as an HTML META tag. The following are valid directives: Copy-Control: version 1.0 print 2 save 2 quote 2 Copy-Control: v 1.0 p 0 s 0 q 1 URL http://some.org/copy.html Copy-Control: v 1.0 p 1 s 1 q 2 u http://some.org/copy.html <META HTTP-EQUIV="Copy-Control" CONTENT="v 1.0 p 2 s 2 q 2"> <META HTTP-EQUIV="Copy-Control" CONTENT="version GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J 1.0 print 0 save 0 quote 1 url http://some.org/nocopy.html"> 2.2 Implementation In a user agent such as a Web browser, the copy-control actions would correspond to the browser actions of printing, saving to file, and transferring to clipboard. If the level defined for the requested action is zero, the browser should refuse to perform the action. If the level is one, the browser should generate a warning message. If the level is two, no message is generated. Where a message is generated, it should contain a hyperlink to the URL given in the directive, if any. Typical messages might be: "This document is copyright. You are not allowed to print it. See http://some.org/nocopy.html for details." "This document is copyright. You are allowed to save it subject to certain restrictions. See http://some.org/copy.html for details." "This document is copyright. You are allowed to quote portions of it subject to certain restrictions. See http://some.org/copy.html for details." The URL would normally also be included in a readable copyright notice.” Daviel at §2.1-2.2. 9. The method of claim 1, wherein said categories include: a plurality of categories based on the copyright status of the material on a page. -5- Daviel lists a plurality of categories based on the copyright status of the material on a page: “2.1 Protocol A protocol version is defined. This memo defines version 1.0. Three copyright-significant actions are defined: print, save and quote. "Print" refers to making a hard copy of a document, or saving a printer-ready version. "Save" refers to saving a source version of a document to non-volatile media. "Quote" refers to including a portion of a document in a new document. Three numeric levels are defined: 0 - disallowed, 1 - conditionally allowed, 2 - unconditionally allowed. The copy-control directive consists of a list of actions and levels, together with a URL. The URL points to a document describing the copyright status in detail. Action names may be abbreviated to one character. The directive may be given as an HTTP header or as an HTML META tag. The following are valid directives: Copy-Control: version 1.0 print 2 save 2 quote 2 Copy-Control: v 1.0 p 0 s 0 q 1 URL http://some.org/copy.html Copy-Control: v 1.0 p 1 s 1 q 2 u http://some.org/copy.html <META HTTP-EQUIV="Copy-Control" CONTENT="v 1.0 p 2 s 2 q 2"> <META HTTP-EQUIV="Copy-Control" CONTENT="version GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J 1.0 print 0 save 0 quote 1 url http://some.org/nocopy.html"> 2.2 Implementation In a user agent such as a Web browser, the copy-control actions would correspond to the browser actions of printing, saving to file, and transferring to clipboard. If the level defined for the requested action is zero, the browser should refuse to perform the action. If the level is one, the browser should generate a warning message. If the level is two, no message is generated. Where a message is generated, it should contain a hyperlink to the URL given in the directive, if any. Typical messages might be: "This document is copyright. You are not allowed to print it. See http://some.org/nocopy.html for details." "This document is copyright. You are allowed to save it subject to certain restrictions. See http://some.org/copy.html for details." "This document is copyright. You are allowed to quote portions of it subject to certain restrictions. See http://some.org/copy.html for details." The URL would normally also be included in a readable copyright notice.” Daviel at §2.1-2.2. 16. The method of claim 1, further comprising providing an indicium for each of said categories. Cole discloses providing an indicium for each of the categories: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5. Daviel discloses indicating the information contained in the META tags on the network page: “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. 17. The method of claim 16, wherein said indicium comprises an icon. -6- Cole discloses providing an indicium for each of the categories: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5. Daviel also discloses using a META tag (i.e., an indicium) to create a label: “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. An indicium comprised of an icon would have been obvious to one skilled in the art in because icons were commonly used to represent text in computer applications and web pages in 2001. 19. The method of claim 1, further comprising providing a categorization code that can be used to label the page with the categorization label that indicates the categories to which the page is assigned. Cole discloses providing a hierarchy to create a label for each of the categories: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5. Daviel discloses a categorization code used to label the page. Daviel at § 2.1-2.2. 20. The method of claim 19, wherein said categorization code comprises an indicium for each of said categories. -7- Cole discloses providing an indicium for each of the categories: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5. Daviel discloses a categorization code comprised of indicium for each category. Daviel at § 2.1-2.2. 21. The method of claim 20, wherein said indicium comprises two letters. Cole provides that the category hierarchy may be stored in a database and the first two letters of the code may be used to designate the category. Cole at col. 4, ll. 10-11. Daviel does not limit the metadata to less than two letters. 22. The method of claim 20, wherein said categorization label includes the indicia for each category to which a page is assigned. Cole discloses providing indicia for each of the categories: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5. Daviel discloses a categorization label including indicia for each category. Daviel at § 2.1-2.2. 27. The method of claim 19, further comprising making said categorization label recognizable by a search engine. Daviel discloses providing the categorization label in the META tags. Daviel at § 2.1-2.2. It is well known in the art that META tags are recognizable by a search engine. See, e.g., HTML 4.0 at § 7.4.4; HTML 4.0 at B.4. 28. The method of claim 1, further comprising making said categories to which a page is assigned recognizable by a search engine. Daviel discloses providing the categories to which the page is assigned in the META tags. Daviel at § 2.1-2.2. It is well known in the art that META tags are recognizable by a search engine. See, e.g., HTML 4.0 at § 7.4.4; HTML 4.0 at B.4. 29. The method of claim 1, wherein said list of categories is provided on a graphical user interface. Daviel discloses that the user would view the labels through a web browser, which is a graphical user interface. Daviel at § 2.2. 30. A computer implemented method for categorizing a network page, comprising: Cole discloses a categorizing system for network pages, implemented on a computer: “A computer system identifies web pages of interest to a client. The system comprises a cataloging function which defines a hierarchy of subject categories, logically -8- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at Abstract; Cole at col. 2, ll. 35-41. Daviel also discloses a method for categorizing network pages: “This memo describes a simple syntax for describing the copyright status of a World-Wide-Web document in a machinereadable way. When implemented in a Web browser it provides an unambiguous notification when permission must be sought to print or copy material obtained from the network.” Daviel at Abstract. [a] providing a list of categories, wherein said list of categories include a category for transacting business and a category for providing information, and wherein said list of categories include a plurality of categories based on the copyright status of material on a page; Cole discloses providing a list of categories: “The system comprises a cataloging function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at col. 2, ll. 35-41. “The cataloging form supports both hierarchical and key word searching, and lists the broad categories 42—recreation, arts, business, science, education . . . obtained from the cataloging function.” Cole at col. 4 ll. 35-38. Daviel discloses that labels can be used to provide a category on copyright status: “Documents on the World-Wide-Web may have varied copyright status. While a human-readable copyright notice is usually included in copyrighted documents, this is usually transparent to automated retrieval agents. This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag. Agents implementing this protocol may refuse to print or save a tagged document, or may display an informational message.” Daviel at § 1. [b] providing a categorization code for labeling the network page with a categorization label, wherein said categorization label indicates a set of categories and subcategories to which the network page is assigned, and wherein said categorization label indicates the copyright status of material on the network page; and -9- Cole discloses providing a categorization code for labeling a network page: “The flow chart of FIG. 11 illustrates automatic operations performed by profile building server 510. Once each day, for example, at 2:00 AM (decision 600), profile building server 510 sends a request to the catalog server 520 for data entries for all new URLs/web pages added that day to the catalog server's database 35 (and hierarchy). Each data entry includes a respective URL, descriptive information for the URL such as its title or first GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J paragraph, and the category in which the new URL falls. Catalog server 520 returns the data entries to profile building server 510 which stores the data entries with a date stamp for each (step 602). Profile building server 510 stores the data entries grouped by category.” Cole at col. 7, ll. 41-52. Cole also discloses a categorization label indicating the categories to which the page is assigned: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at col. 8, ll. 56-64; Cole at Fig. 5. Daviel also discloses that labels are provided to a network page based on the copyright status: “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. [c] controlling usage of the network page using the categorization label and the copyright status of the network page. Cole discloses indicating the categorization label for the network page to the user: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at col. 8, ll. 56-64; Cole at Fig. 5. “These results [from step 332 of Fig. 7] include a list of titles of the data web pages which include the key word and the category of each of the data web pages referenced by the hot links. Then, profile building function adds the header and footer to the results and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; see also Cole at col. 9, ll. 21-27. -10- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J Daviel describes controlling usage of the network page: “2.1 Protocol A protocol version is defined. This memo defines version 1.0. Three copyright-significant actions are defined: print, save and quote. "Print" refers to making a hard copy of a document, or saving a printer-ready version. "Save" refers to saving a source version of a document to non-volatile media. "Quote" refers to including a portion of a document in a new document. Three numeric levels are defined: 0 - disallowed, 1 - conditionally allowed, 2 - unconditionally allowed. The copy-control directive consists of a list of actions and levels, together with a URL. The URL points to a document describing the copyright status in detail. Action names may be abbreviated to one character. The directive may be given as an HTTP header or as an HTML META tag. The following are valid directives: Copy-Control: version 1.0 print 2 save 2 quote 2 Copy-Control: v 1.0 p 0 s 0 q 1 URL http://some.org/copy.html Copy-Control: v 1.0 p 1 s 1 q 2 u http://some.org/copy.html <META HTTP-EQUIV="Copy-Control" CONTENT="v 1.0 p 2 s 2 q 2"> <META HTTP-EQUIV="Copy-Control" CONTENT="version 1.0 print 0 save 0 quote 1 url http://some.org/nocopy.html"> 2.2 Implementation In a user agent such as a Web browser, the copy-control actions would correspond to the browser actions of printing, saving to file, and transferring to clipboard. If the level defined for the requested action is zero, the browser should refuse to perform the action. If the level is one, the browser should generate a warning message. If the level is two, no message is generated. Where a message is generated, it should contain a hyperlink to the URL given in the directive, if any. Typical messages might be: "This document is copyright. You are not allowed to print it. See http://some.org/nocopy.html for details." "This document is copyright. You are allowed to save it subject to certain restrictions. See http://some.org/copy.html for details." "This document is copyright. You are allowed to quote portions of it subject to certain restrictions. See http://some.org/copy.html for details." The URL would normally also be included in a readable copyright notice.” Daviel at §2.1-2.2. 31. A computer implemented method of categorizing a network -11- Cole discloses a categorizing system for network pages, implemented on a computer: “A computer system identifies web GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J page, comprising: pages of interest to a client. The system comprises a cataloging function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at Abstract; see also Cole at col. 2, ll. 35-41. Daviel also discloses a method for categorizing network pages: “This memo describes a simple syntax for describing the copyright status of a World-Wide-Web document in a machinereadable way. When implemented in a Web browser it provides an unambiguous notification when permission must be sought to print or copy material obtained from the network.” Daviel at Abstract. [a] providing a list of categories, wherein said categories include a category based on the copyright status of material on a page, and wherein the copyright status comprises categories related to public domain, fair use only, use with attribution, and permission of copyright owner needed; Cole discloses providing a list of categories: “The system comprises a cataloging function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at col. 2, ll. 35-41. “The cataloging form supports both hierarchical and key word searching, and lists the broad categories 42—recreation, arts, business, science, education . . . obtained from the cataloging function.” Cole at col. 4, ll. 35-38. Daviel discloses that META tags (i.e., labels) can be used to provide a category on copyright status: “Documents on the World-Wide-Web may have varied copyright status. While a human-readable copyright notice is usually included in copyrighted documents, this is usually transparent to automated retrieval agents. This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag. Agents implementing this protocol may refuse to print or save a tagged document, or may display an informational message.” Daviel at § 1. Daviel lists typical examples of copyright statuses that inherently include the claimed categories: “Typical messages might be: "This document is copyright. You are not allowed to print it. See http://some.org/nocopy.html for details." "This document is copyright. You are allowed to save it subject to certain restrictions. See http://some.org/copy.html for details." -12- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J "This document is copyright. You are allowed to quote portions of it subject to certain restrictions. See http://some.org/copy.html for details."” Daviel at § 2.2. [b] assigning said network page to Cole discloses assigning network pages to one or more categories one or more of a plurality of said list provided by the system: “The system comprises a cataloging of categories; function which defines a hierarchy of subject categories, logically arranges a multitude of web pages in the categories and periodically adds web pages to the categories.” Cole at col. 2, ll. 36-40. “In the illustrated embodiment, 30 the key word search also utilizes cataloging function 20, but alternately could use a different key-word search engine provided the engine assigns a category to each data web page and is periodically updated with new data web pages.” Cole at col. 5, ll. 30-34; see also Cole at col. 9, ll. 5-9. Daviel also discloses that labels can be used to assign network pages to categories: “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. [c] providing a categorization label for the network page using the copyright status of material on the network page; and Cole discloses indicating the categorization label for the network page to the user: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at col. 8, ll. 56-64; Cole at Fig. 5. “These results [from step 332 of Fig. 7] include a list of titles of the data web pages which include the key word and the category of each of the data web pages referenced by the hot links. Then, profile building function adds the header and footer to the results and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; see also Cole at col. 9, ll. 21-27. Daviel also discloses that labels are provided to a network page -13- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J based on the copyright status: “This memo describes a simple syntax for defining the copyright status of a document using an HTTP header or HTML META tag.” Daviel at § 1. [d] controlling usage of the network page using the categorization label and the copyright status of the network page. Cole discloses indicating the categorization label for the network page to the user: “Typically, the client will proceed further down the hierarchy by a repetition of selections from the current web page (decision 239) in which case, the processing loops back to step 220. Each time the client is furnished with the corresponding cataloging form comprising hot links to a list of subcategories and hot links to data web pages. However, at any category in the hierarchy which includes a hot link to a data web page, the client can also select the hot link to the data web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at col. 8, ll. 56-64; Cole at Fig. 5. “These results [from step 332 of Fig. 7] include a list of titles of the data web pages which include the key word and the category of each of the data web pages referenced by the hot links. Then, profile building function adds the header and footer to the results and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; see also Cole at col. 9, ll. 21-27. Daviel describes controlling usage of the network page: “2.1 Protocol A protocol version is defined. This memo defines version 1.0. Three copyright-significant actions are defined: print, save and quote. "Print" refers to making a hard copy of a document, or saving a printer-ready version. "Save" refers to saving a source version of a document to non-volatile media. "Quote" refers to including a portion of a document in a new document. Three numeric levels are defined: 0 - disallowed, 1 - conditionally allowed, 2 - unconditionally allowed. The copy-control directive consists of a list of actions and levels, together with a URL. The URL points to a document describing the copyright status in detail. Action names may be abbreviated to one character. The directive may be given as an HTTP header or as an HTML META tag. The following are valid directives: Copy-Control: version 1.0 print 2 save 2 quote 2 Copy-Control: v 1.0 p 0 s 0 q 1 URL http://some.org/copy.html Copy-Control: v 1.0 p 1 s 1 q 2 u http://some.org/copy.html <META HTTP-EQUIV="Copy-Control" CONTENT="v 1.0 p 2 s -14- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J 2 q 2"> <META HTTP-EQUIV="Copy-Control" CONTENT="version 1.0 print 0 save 0 quote 1 url http://some.org/nocopy.html"> 2.2 Implementation In a user agent such as a Web browser, the copy-control actions would correspond to the browser actions of printing, saving to file, and transferring to clipboard. If the level defined for the requested action is zero, the browser should refuse to perform the action. If the level is one, the browser should generate a warning message. If the level is two, no message is generated. Where a message is generated, it should contain a hyperlink to the URL given in the directive, if any. Typical messages might be: "This document is copyright. You are not allowed to print it. See http://some.org/nocopy.html for details." "This document is copyright. You are allowed to save it subject to certain restrictions. See http://some.org/copy.html for details." "This document is copyright. You are allowed to quote portions of it subject to certain restrictions. See http://some.org/copy.html for details." The URL would normally also be included in a readable copyright notice.” Daviel at §2.1-2.2. -15- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX J

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