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)

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

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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).

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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

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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”).

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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.

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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

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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,

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“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

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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

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[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.

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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.

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