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)

Download PDF
APPENDIX B U.S. Pat. No. 7,181,459 1. A computer implemented method of categorizing a network page, comprising: Dublin Dublin discloses a metadata standard for categorizing Internet resources (i.e., “network pages”): “Metadata describes an information resource.” Dublin at § 1.1. “A metadata record consists of a set of attributes, or elements, necessary to describe the resource in question.” Dublin at § 1.1. “The wide scale adoption of descriptive standards and practices for electronic resources will improve retrieval of relevant resources from the ‘Internet commons’.” Dublin at § 1.1. [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; “The Dublin Core metadata standard is a simple yet effective element set for describing a wide range of networked resources.” Dublin at § 1.2. Dublin discloses a list of “core elements” for creating metadata content “labels”. Dublin at § 4. Dublin discloses that one of the core elements is “rights management” which provides the “copyright status” of the page: “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin discloses that another of the core elements is a “resource type” element which describes “general categories” of content of the page: “Label: Resource Type Element Description: The nature or genre of the content of the resource. Type includes terms describing general categories, functions, genres, or aggregation levels for content.“ Dublin at § 4.4 (emphasis added). Dublin discloses, for the “resource type” label, a list of approved terms, referred to as the “DCMI Type Vocabulary” that may be used as values in the label. One of the terms is “service” such as a “banking service” that is the claimed category of “transacting -1- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B business”. Another term is “text” such as “newspapers”, that is the claimed category of “providing information”. Service: “A service is a system that provides one or more functions of value to the end-user. Examples include: a photocopying service, a banking service, an authentication service, interlibrary loans, a Z39.50 or Web server.” Dublin Type Vocabulary, § 6. [b] assigning said network page to one or more of said list of categories; Text: “A text is a resource whose content is primarily words for reading. For example - books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre text.” Dublin Type Vocabulary, § 9. Dublin discloses that network pages are assigned to categories: “The linkage between a metadata record and the resource it describes may take one of two forms: . . “the metadata may be embedded in the resource itself.” Dublin at § 1.1 (emphasis added). Dublin describes using a “limited set” of terms to describe documents, in this way Dublin provides categories to which network pages may be assigned: “Content data for some elements may be selected from a "controlled vocabulary," which is a limited set of consistently used and carefully defined terms. This can dramatically improve search results because computers are good at matching words character by character but weak at understanding the way people refer to one concept using different words, i.e. synonyms.” Dublin at § 3.2. [c] providing a categorization label for the network page using the copyright status of material on the network page; and Including metadata in the <HEAD> section of an HTML document was well known in the art. Embedding metadata in other types of network resources was also well known in the art in 2001. See, e.g., HTML 4.0 at § 7.4.4; HTML 4.0 at B.4. Dublin discloses providing a META tag (i.e. a categorization label) for a network page using the copyright status of material on the network page: “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). -2- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B Dublin provides the following example of a categorization label based on copyright status: “ <meta name = "DC.Rights" content = "Copyright Acme 1999 - All rights reserved.">” Dublin at § 6.2. [d] controlling usage of the network page using the categorization label and the copyright status of the network page. Dublin discloses “providing indicia” of the META tag (i.e. a categorization label): “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin provides the following indicia of a categorization label based on copyright status: “ <meta name = "DC.Rights" content = "Copyright Acme 1999 - All rights reserved.">” Dublin at § 6.2. “When considering an appropriate syntax, it is important to note that Dublin Core concepts are equally applicable to virtually any file format, as long as the metadata is in a form suitable for interpretation both by search engines and by human beings.” Dublin at § 2 (emphasis added). “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 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 -3- Dublin discloses that the “rights management” label “will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11. GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B with attribution, and permission of copyright owner needed. 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. It is inherent that the Dublin copyright labels include the recited categories because the recited categories based on copyright status were known elements in the field of categorization of online content prior to August 9, 2001. See, e.g., Open Publication License v1.0, published June 8, 1999, available at http://www.opencontent.org/openpub/; The Assayer: Help, publicly available since at least February 2, 2001 at http://www.theassayer.org/help.html (Listing the following categories based on copyright status: “0. Copyrighted, with a licensing agreement that prohibits selling or permanent use (an anti-book) 1. Copyrighted, with no licensing agreement (a traditional book) [also books on iUniverse] 2. Copyrighted, doesn't cost money to read, but otherwise not free 3. Public domain 4. Copylefted, but with restrictions on modification and/or sale 5. Copylefted: anyone can read, modify, and sell”). Dublin discloses that the “rights management” label “will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11. It is inherent that the “copyright and various property rights” includes a plurality of categories because the recited categories based on copyright status were known elements in the field of categorization of online content prior to August 9, 2001. See, e.g., Open Publication License v1.0, published June 8, 1999, available at http://www.opencontent.org/openpub/; The Assayer: Help, publicly available since at least February 2, 2001 at http://www.theassayer.org/help.html (Listing the following categories based on copyright status: “0. Copyrighted, with a licensing agreement that prohibits selling or permanent use (an anti-book) 1. Copyrighted, with no licensing agreement (a traditional book) [also books on iUniverse] 2. Copyrighted, doesn't cost money to read, but otherwise not free 3. Public domain 4. Copylefted, but with restrictions on modification and/or sale 5. Copylefted: anyone can read, modify, and sell”). -4- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B 16. The method of claim 1, further comprising providing an indicium for each of said categories. Dublin discloses that the metadata can be interpreted by human beings and therefore can be considered an “indicium”: “When considering an appropriate syntax, it is important to note that Dublin Core concepts are equally applicable to virtually any file format, as long as the metadata is in a form suitable for interpretation both by search engines and by human beings.” Dublin at § 2. Dublin also discloses that web browsers may indicate the categories to the user: “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 17. The method of claim 16, wherein said indicium comprises an icon. Dublin discloses that the metadata can be interpreted by human beings and therefore can be considered an “icon”: “When considering an appropriate syntax, it is important to note that Dublin Core concepts are equally applicable to virtually any file format, as long as the metadata is in a form suitable for interpretation both by search engines and by human beings.” Dublin at § 2. Dublin also discloses that web browsers may indicate the categories to the user: “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 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 prior to August 9, 2001. -5- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B 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. Dublin discloses that the elements/categories can be used to form a “formal single-word label” for each category (i.e., categorization code). Dublin at § 4. 20. The method of claim 19, wherein said categorization code comprises an indicium for each of said categories. Dublin discloses that the elements/categories can be used to form a “formal single-word label” for each category (i.e., “indicium”). Dublin at § 4. Dublin also discloses the DCMI Type Vocabulary that provides the categorization code that is used to label a page. Dublin Type Vocabulary. Dublin also discloses that web browsers may indicate the categories to the user: “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 21. The method of claim 20, wherein said indicium comprises two letters. Dublin discloses, for example, the label “Subject and Keywords” that includes at least two letters. Dublin at § 4.2. 22. The method of claim 20, wherein said categorization label includes the indicia for each category to which a page is assigned. Dublin discloses that multiple elements (i.e., different categories) can be used. Dublin at § 1.2. 27. The method of claim 19, further comprising making said categorization label recognizable by a search engine. Dublin discloses that search engines can utilize the information in the elements/labels (including the rights management and type labels) in locating network pages: Dublin discloses an example that includes indicia for each category to which the page is assigned. Dublin at § 6.2. “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include -6- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 28. The method of claim 1, further comprising making said categories to which a page is assigned recognizable by a search engine. Dublin discloses that search engines can utilize the information in the elements/labels (including the rights management and type labels) in locating network pages: “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 29. The method of claim 1, wherein said list of categories is provided on a graphical user interface. It is inherent that a search engine is a graphical user interface. A web browser is also a graphical user interface: “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 30. A computer implemented method Dublin discloses a metadata standard, implemented by a for categorizing a network page, computer, for categorizing Internet resources (i.e., Web pages or comprising: a “network page”): “Metadata describes an information resource.” Dublin at § 1.1. “A metadata record consists of a set of attributes, or elements, necessary to describe the resource in question.” Dublin at § 1.1. “The wide scale adoption of descriptive standards and practices for electronic resources will improve retrieval of relevant resources from the ‘Internet commons’." Dublin at § 1.1. [a] providing a list of categories, -7- “The Dublin Core metadata standard is a simple yet effective element set for describing a wide range of networked resources.” Dublin at § 1.2. Dublin discloses in Section 4 a list of “core elements” for GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B 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; creating metadata content “labels”. Dublin at § 4. Dublin discloses that one of the core elements is “rights management” which provides the “copyright status” of the page: “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin discloses that another of the core elements is a “resource type” element which describes “general categories” of content of the page: “Label: Resource Type Element Description: The nature or genre of the content of the resource. Type includes terms describing general categories, functions, genres, or aggregation levels for content.“ Dublin at § 4.4 (emphasis added). Dublin discloses, for the “resource type” label, a list of approved terms, referred to as the “DCMI Type Vocabulary” that may be used as values in the label. One of the terms is “service” such as a “banking service” that is the claimed category of “transacting business”. Another term is “text” such as “newspapers”, that is the claimed category of “providing information”. Service: “A service is a system that provides one or more functions of value to the end-user. Examples include: a photocopying service, a banking service, an authentication service, interlibrary loans, a Z39.50 or Web server.” Dublin Type Vocabulary § 7. [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, -8- Text: “A text is a resource whose content is primarily words for reading. For example - books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre text.” Dublin Type Vocabulary § 9. Dublin discloses that the elements/categories can be used to form a “formal single-word label” for each category (i.e., categorization code). Dublin at § 4. Dublin also discloses the DCMI Type Vocabulary that provides GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B and wherein said categorization label indicates the copyright status of material on the network page; and the categorization code that is used to label a page. Dublin Type Vocabulary. Dublin discloses a list of “core elements” for creating metadata content “labels” for each category, including copyright status. Dublin at § 4. “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin provides the following example of a categorization label based on copyright status: “ <meta name = "DC.Rights" content = "Copyright Acme 1999 - All rights reserved.">” Dublin at § 6.2. [c] controlling usage of the network page using the categorization label and the copyright status of the network page. Dublin discloses “providing indicia” of the META tag (i.e. a categorization label): “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin provides the following indicia of a categorization label based on copyright status: “ <meta name = "DC.Rights" content = "Copyright Acme 1999 - All rights reserved.">” Dublin at § 6.2. “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit -9- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. 31. A computer implemented method Dublin discloses a computer implemented metadata standard for of categorizing a network page, categorizing Internet resources (i.e., Web pages or a “network comprising: page”): “Metadata describes an information resource.” Dublin at § 1.1. “A metadata record consists of a set of attributes, or elements, necessary to describe the resource in question.” Dublin at § 1.1. “The wide scale adoption of descriptive standards and practices for electronic resources will improve retrieval of relevant resources from the ‘Internet commons’." Dublin at § 1.1. [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; “The Dublin Core metadata standard is a simple yet effective element set for describing a wide range of networked resources.” Dublin at § 1.2. Dublin discloses in a list of “core elements” for creating metadata content “labels”. Dublin at § 4. Dublin discloses that one of the core elements is “rights management” which provides the “copyright status” of the page. It is inherent that the copyright status includes the recited categories: “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). It is inherent that the Dublin’s copyright labels include the recited categories because the recited categories based on copyright status were known elements in the field of categorization of online content prior to August 9, 2001. See, e.g., Open Publication License v1.0, published June 8, 1999, available at http://www.opencontent.org/openpub/; The Assayer: Help, publicly available since at least February 2, 2001 at http://www.theassayer.org/help.html (Listing the following categories based on copyright status: “0. Copyrighted, with a licensing agreement that prohibits selling -10- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B [b] assigning said network page to one or more of a plurality of said list of categories; or permanent use (an anti-book) 1. Copyrighted, with no licensing agreement (a traditional book) [also books on iUniverse] 2. Copyrighted, doesn't cost money to read, but otherwise not free 3. Public domain 4. Copylefted, but with restrictions on modification and/or sale 5. Copylefted: anyone can read, modify, and sell”). Dublin discloses that the metadata is assigned to the network page: “The linkage between a metadata record and the resource it describes may take one of two forms: . . “the metadata may be embedded in the resource itself.” Dublin at § 1.1 (emphasis added). [c] providing a categorization label for the network page using the copyright status of material on the network page; and Including metadata in the <HEAD> section of an HTML document was well known in the art. Embedding metadata in other types of network resources was also well known in the art. See, e.g., HTML 4.0 at § 7.4.4; HTML 4.0 at B.4. Dublin discloses a categorization label for network pages using the copyright status of material on the network page: “Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin provides the following example of a categorization label based on copyright status: “ <meta name = "DC.Rights" content = "Copyright Acme 1999 - All rights reserved.">” Dublin at § 6.2. [d] controlling usage of the network page using the categorization label and the copyright status of the network page. -11- Dublin discloses “providing indicia” of the META tag (i.e. a categorization label): Label: Rights Management Element Description: Information about rights held in and over the resource. Typically a Rights element will contain a rights management statement for the resource, or reference a service providing such information. Rights information often GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B encompasses Intellectual Property Rights (IPR), Copyright, and various Property Rights.” Dublin at § 4.11 (emphasis added). Dublin provides the following example of a categorization labelbased on copyright status: “ <meta name = "DC.Rights" content = "Copyright Acme 1999 - All rights reserved.">” Dublin at § 6.2. “Indexing programs understand that the metadata record starts after the "<HEAD>" line and ends before the ‘</HEAD>’ line, and are thus able to extract metadata automatically. The metadata does not appear during normal document formatting or printing, and metadata-aware Web browsers may even be able to exploit it. A number of the current search engines have begun to include the ability to make use of the HTML <META> tag in Web documents.” Dublin at § 2.1. -12- GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX B

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?