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 C
U.S. Pat. No. 7,181,459

Shear

1. A computer implemented method of
categorizing a network page,
comprising:

Shear discloses a matching and classification utility system
900 shown in Figure 13. System 900 includes “an object
classifier 902; a user (people) classifier 904; and a matching
engine 906. Object classifier 902 classifies things. User
classifier 904 classifies people. Matching engine 906 matches
things with other things, things with people, and/or people with
other people.” Shear at col. 33, ll. 49-57; Fig. 13.
Shear discloses that things 908 include “content objects”.
Shear at col. 34, ll. 4-5. The content objects may include a
web/network page, such as web page 4308. Shear at col. 79, ll.
19-26; Fig. 13.

[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;

Shear discloses “classes of content” that classifies content
objects such as web pages into categories/classes. Shear at col.
14, ll. 34-38.
Shear discloses the following sources of categories for
classifying web pages, that includes topical and descriptive
information:
“topical identification, for example, such as information
represented in typical library subject and/or author and/or
catalog and/or keyword search and retrieval information
systems;
any commercial requirements, associated with the use of
electronic information (and/or to products, including nonelectronic products, and/or to any service), including
information embodied in encrypted rules (controls and/or
parameter data) governing rights in electronic value chain and
electronic interaction contexts, and further including
information guaranteed for integrity;
any information descriptive of an available resource (which
may include any information, product, and/or service, whether
available in electronic and/or physical forms) such as: the
quality of a digital product as evaluated and ranked and/or
otherwise specified by one or more third parties and/or
independent third parties (e.g., Consumer Reports, a trusted
friend, and/or a professional advisor), the size of a product,
length in time in business of a service or in the market of a

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

product, a product's or service's market share, and/or subject
governmentally and/or other societally imposed rules and/or
integrity guaranteed descriptions, including any associated
regulatory requirements, such as societal requirements granting
and/or reporting access to information, for example,
information on how to create a nuclear bomb to a confidential
government auditing agency (this allowing free access to
information while protecting societal rights).”
Shear at col. 14, ll. 38-67.
Fig. 16B of Shear shows an embodiment that has categories
including “industrial hard goods trading” (i.e., transacting
business) and “business information” (i.e., providing
information).
Shear discloses that a classification category includes
copyright status:
The system can “automatically compile commercial and other
relevant (e.g., societal regulatory information such as a given
jurisdiction's copyright, content access and/or taxation
regulations) for classification/matching purposes.” Shear at
col. 14, ll. 7-11.
“As discussed above, these inventions provide, among other
things, matching, classification, narrowcasting, and/or
selection based on rights management and other information.
In particular preferred examples, these matching, classification,
narrowcasting, and/or selection processes and/or techniques
may be based at least in part on rights management
information. The rights management information may be an
input to the process, it may be an output from the process,
and/or the process can be controlled at least in part by rights
management information.” Shear at col. 18, ll. 52-61.

[b] assigning said network page to one
or more of said list of categories;

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“Among the numerous advantages of the present inventions is
the ability to create classes of classes based in part on rights
management information. The feature may enhance search
efficiency by enabling search engines to locate members of
classes provided by any of numerous schemes for object
naming and object metadata that have been proposed.” Shear
at col. 78, l. 63 – col. 79, l. 2..
Shear discloses using metadata to assign categories/classes to a
web page:
“Among the numerous advantages of the present inventions is

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

[c] providing a categorization label for
the network page using the copyright
status of material on the network page;
and

[d] controlling usage of the network
page using the categorization label and
the copyright status of the network
page.

the ability to create classes of classes based in part on rights
management information. The feature may enhance search
efficiency by enabling search engines to locate members of
classes provided by any of numerous schemes for object
naming and object metadata that have been proposed. For
example, the IETF Uniform Resource Locator (URL), the
International Standard Book Number (ISBN), International
Standard Serial Number (ISSN), MARC library catalog
records, and the recent proposed "Dublin Core" (Weibel,
Stuart, Jean Godby, Eric Miller, and Ron Daniel,
"OCLC/NCSA Metadata Workshop Report", URL
http://www.oclc.org:5047
oclc/research/conferences/metadata/dublin_core_report.html)
are non-limiting examples of prior classifications that can
themselves be classified using the present inventions.
Example 4300, FIG. 68A-68B, shows several objects 4304(1)4304(n) each of which may have associated with it various
metadata 4302(1)-4302(n) that locates the object in one or
more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 78, l. 63 – col. 79, l. 18.
Shear discloses that the metadata may include
rights/permission management (i.e., copyright status):
Example 4300, FIG. 68A-68B, shows several objects 4304(1)4304(n) each of which may have associated with it various
metadata 4302(1)-4302(n) that locates the object in one or
more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 79, ll. 12-18.
Shear discloses in Figs. 68A-68B, the use of classes, including
categorization label and copyright status, to search for web
pages:
“In example step "1," object metadata 4302 is sent to a
matching and classification utility 900 which (example step
"2") may create new "classes of classes" 4306. These new
classes 4306 are then made available on a Web page 4308
(example step "3") to interested parties who may then search
for objects according to their membership in one (or more) of
these new classes of classes. In example step "4" an interested
party 4320 sends a VDE container with a request to retrieve the
Web page 4308 with the classes of metadata information. The
Web server (in example step "5") returns a copy of the page

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

4312 to the interested user 4320, who (in example step "6")
sends a VDE container with a query to the matching and
classification utility 900 asking, in this example, for objects in
new class 3 that cost less than $1.98, and that grant a "modify"
permission. In example step "7," the matching and
classification utility 900 returns a VDE container 4316 with list
of objects that match the criteria. The matching and
classification utility 900 may, in turn, provide URLs or other
location information for at least one member of the desired
class(es) in the list in container 4316.” Shear at col. 79, ll. 1938.
Shear discloses searching for web pages and other network
resources based on rights management:
“You therefore wish to search and match against rights
management rules associated with such products--non-limiting
examples of which include: cost ceilings, redistribution rights
(e.g., limits on the quantity that may be redistributed),
modification rights, class related usage rights, category related
usage rights, sovereignty based licensing and taxation
fees, import and export regulations, and reporting and/or
privacy rights (you don't want to report back to the product
provider the actual identity of your end users and/or
customers).” Shear at col. 5, ll. 24-38.
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.

Shear discloses categories based on a web page’s copyright
status and rights management as discussed in conjunction with
claim 1. Therefore, Shear inherently discloses the recited
categories.

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.

Shear discloses the web page may be classified by subject
matter:
“Example 4300, FIG. 68A-68B, shows several objects
4304(1)-4304(n) each of which may have associated with it
various metadata 4302(1)-4302(n) that locates the object in one
or more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 78, ll. 12-19.
Shear discloses categories based on a web page’s copyright

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

status and rights management as discussed in conjunction with
claim 1.
16. The method of claim 1, further
comprising providing an indicium for
each of said categories.

Shear discloses using metadata (i.e., an indicium) to assign a
category, as discussed in conjunction with claim 1.

17. The method of claim 16, wherein
said indicium comprises an icon.

Shear discloses the use of a graphical representation (i.e., icon)
for categories:
“As one example, one publisher might use a special purpose
graphical representation such as the video kiosk to support an
electronic video store. Other publishers may use different
graphical representations altogether.” Shear at col. 6, ll. 3236.

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.

Shear discloses using metadata (i.e., categorization code) to
assign a category, as discussed in conjunction with claim 1.

20. The method of claim 19, wherein
said categorization code comprises an
indicium for each of said categories.

Shear discloses using metadata (i.e., an indicium) to assign a
category, as discussed in conjunction with claim 1.

21. The method of claim 20, wherein
said indicium comprises two letters.

The metadata disclosed in Shear is not limited 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.

Shear discloses using metadata for each category, as discussed
in conjunction with claim 1.

27. The method of claim 19, further
comprising making said categorization
label recognizable by a search engine.

Shear discloses using a search engine with the metadata:

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“In example step "1," object metadata 4302 is sent to a
matching and classification utility 900 which (example step
"2") may create new "classes of classes" 4306. These new
classes 4306 are then made available on a Web page 4308
(example step "3") to interested parties who may then search
for objects according to their membership in one (or more) of

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

these new classes of classes.” Shear at col. 79, ll. 12-18.
28. The method of claim 1, further
comprising making said categories to
which a page is assigned recognizable
by a search engine.

Shear discloses using a search engine with the metadata:

29. The method of claim 1, wherein
said list of categories is provided on a
graphical user interface.

Shear discloses using a search engine. It is inherent that a
search engine is a “graphical user interface”.

30. A computer implemented method
for categorizing a network page,
comprising:

Shear discloses a matching and classification utility system
900 shown in Fig. 13. System 900 includes “an object
classifier 902; a user (people) classifier 904; and a matching
engine 906. Object classifier 902 classifies things. User
classifier 904 classes people. Matching engine 906 matches
things with other things, things with people, and/or people with
other people.” Shear at col. 33, ll. 49-57; Fig. 13.

“In example step "1," object metadata 4302 is sent to a
matching and classification utility 900 which (example step
"2") may create new "classes of classes" 4306. These new
classes 4306 are then made available on a Web page 4308
(example step "3") to interested parties who may then search
for objects according to their membership in one (or more) of
these new classes of classes.” Shear at col. 79, ll. 12-18.

Shear discloses that things 908 include “content objects”.
Shear at col. 34, ll. 4-5. The content objects may include a
web/network page, such as web page 4308. Shear at col. 79, ll.
19-26; Fig. 13.
[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;

Shear discloses “classes of content” that classifies content
objects such as web pages into categories/classes. Shear at col.
14, ll. 34-38.
Shear discloses the following sources of categories for
classifying web pages, that includes topical and descriptive
information:
“topical identification, for example, such as information
represented in typical library subject and/or author and/or
catalog and/or keyword search and retrieval information
systems;
any commercial requirements, associated with the use of
electronic information (and/or to products, including nonelectronic products, and/or to any service), including

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

information embodied in encrypted rules (controls and/or
parameter data) governing rights in electronic value chain and
electronic interaction contexts, and further including
information guaranteed for integrity;
any information descriptive of an available resource (which
may include any information, product, and/or service, whether
available in electronic and/or physical forms) such as: the
quality of a digital product as evaluated and ranked and/or
otherwise specified by one or more third parties and/or
independent third parties (e.g., Consumer Reports, a trusted
friend, and/or a professional advisor), the size of a product,
length in time in business of a service or in the market of a
product, a product's or service's market share, and/or subject
governmentally and/or other societally imposed rules and/or
integrity guaranteed descriptions, including any associated
regulatory requirements, such as societal requirements granting
and/or reporting access to information, for example,
information on how to create a nuclear bomb to a confidential
government auditing agency (this allowing free access to
information while protecting societal rights).”
Shear at col. 14, ll. 38-67.
Fig. 16B of Shear shows a embodiment that has categories
including “industrial hard goods trading” (i.e., transacting
business) and “business information” (i.e., providing
information).
Shear discloses that a classification category includes
copyright status:
The system can “automatically compile commercial and other
relevant (e.g., societal regulatory information such as a given
jurisdiction's copyright, content access and/or taxation
regulations) for classification/matching purposes.” Shear at
col. 14, ll. 7-11.
“As discussed above, these inventions provide, among other
things, matching, classification, narrowcasting, and/or
selection based on rights management and other information.
In particular preferred examples, these matching, classification,
narrowcasting, and/or selection processes and/or techniques
may be based at least in part on rights management
information. The rights management information may be an
input to the process, it may be an output from the process,

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

and/or the process can be controlled at least in part by rights
management information.” Shear at col. 18, ll. 52-61.

[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

“Among the numerous advantages of the present inventions is
the ability to create classes of classes based in part on rights
management information. The feature may enhance search
efficiency by enabling search engines to locate members of
classes provided by any of numerous schemes for object
naming and object metadata that have been proposed.” Shear
at col. 78, l. 63 – col. 79, l. 2..
Shear discloses using metadata to assign categories/classes to a
web page:
“Among the numerous advantages of the present inventions is
the ability to create classes of classes based in part on rights
management information. The feature may enhance search
efficiency by enabling search engines to locate members of
classes provided by any of numerous schemes for object
naming and object metadata that have been proposed. For
example, the IETF Uniform Resource Locator (URL), the
International Standard Book Number (ISBN), International
Standard Serial Number (ISSN), MARC library catalog
records, and the recent proposed "Dublin Core" (Weibel,
Stuart, Jean Godby, Eric Miller, and Ron Daniel,
"OCLC/NCSA Metadata Workshop Report", URL
http://www.oclc.org:5047
oclc/research/conferences/metadata/dublin_core_report.html)
are non-limiting examples of prior classifications that can
themselves be classified using the present inventions.
Example 4300, FIG. 68A-68B, shows several objects 4304(1)4304(n) each of which may have associated with it various
metadata 4302(1)-4302(n) that locates the object in one or
more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 78, l. 63 – col. 79, l. 18.
Shear discloses that the metadata may include
rights/permission management (i.e., copyright status):
Example 4300, FIG. 68A-68B, shows several objects 4304(1)4304(n) each of which may have associated with it various
metadata 4302(1)-4302(n) that locates the object in one or
more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 79, ll. 12-18.

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

[c] controlling usage of the network
page using the categorization label and
the copyright status of the network
page.

Shear discloses in Figs. 68A-68B the use of classes, including
categorization label and copyright status, to search for web
pages:
“In example step "1," object metadata 4302 is sent to a
matching and classification utility 900 which (example step
"2") may create new "classes of classes" 4306. These new
classes 4306 are then made available on a Web page 4308
(example step "3") to interested parties who may then search
for objects according to their membership in one (or more) of
these new classes of classes. In example step "4" an interested
party 4320 sends a VDE container with a request to retrieve the
Web page 4308 with the classes of metadata information. The
Web server (in example step "5") returns a copy of the page
4312 to the interested user 4320, who (in example step "6")
sends a VDE container with a query to the matching and
classification utility 900 asking, in this example, for objects in
new class 3 that cost less than $1.98, and that grant a "modify"
permission. In example step "7," the matching and
classification utility 900 returns a VDE container 4316 with list
of objects that match the criteria. The matching and
classification utility 900 may, in turn, provide URLs or other
location information for at least one member of the desired
class(es) in the list in container 4316.” Shear at col. 79, ll. 1938.
Shear discloses searching for web pages and other network
resources based on rights management:
“You therefore wish to search and match against rights
management rules associated with such products--non-limiting
examples of which include: cost ceilings, redistribution rights
(e.g., limits on the quantity that may be redistributed),
modification rights, class related usage rights, category related
usage rights, sovereignty based licensing and taxation
fees, import and export regulations, and reporting and/or
privacy rights (you don't want to report back to the product
provider the actual identity of your end users and/or
customers).” Shear at col. 5, ll. 24-38.

31. A computer implemented method
of categorizing a network page,
comprising:

-9-

Shear discloses a matching and classification utility system
900 shown in Fig. 13. System 900 includes “an object
classifier 902; a user (people) classifier 904; and a matching
engine 906. Object classifier 902 classifies things. User
classifier 904 classes people. Matching engine 906 matches
things with other things, things with people, and/or people with

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

other people.” Shear at col. 33, ll. 49-57; Fig. 13.
Shear discloses that things 908 include “content objects”.
Shear at col. 34, ll. 4-5. The content objects may include a
web/network page, such as web page 4308. Shear at col. 79, ll.
19-26; Fig. 13.

[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;

Shear discloses “classes of content” that classifies content
objects such as web pages into categories/classes. Shear at col.
14, ll. 34-38.
Shear discloses that a classification category includes
copyright status:
“The system can “automatically compile commercial and other
relevant (e.g., societal regulatory information such as a given
jurisdiction's copyright, content access and/or taxation
regulations) for classification/matching purposes.” Shear at
col. 14, ll. 7-11 (emphasis added).
“As discussed above, these inventions provide, among other
things, matching, classification, narrowcasting, and/or
selection based on rights management and other information.
In particular preferred examples, these matching, classification,
narrowcasting, and/or selection processes and/or techniques
may be based at least in part on rights management
information. The rights management information may be an
input to the process, it may be an output from the process,
and/or the process can be controlled at least in part by rights
management information.” Shear at col. 18, ll. 52-61.
“Among the numerous advantages of the present inventions is
the ability to create classes of classes based in part on rights
management information. The feature may enhance search
efficiency by enabling search engines to locate members of
classes provided by any of numerous schemes for object
naming and object metadata that have been proposed.” Shear
at col. 78, l. 63 – col. 79, l. 2.
Shear discloses specific classifications based on rights
management:
“You therefore wish to search and match against rights
management rules associated with such products--non-limiting
examples of which include: cost ceilings, redistribution rights

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[b] assigning said network page to one
or more of a plurality of said list of
categories;

[c] providing a categorization label for
the network page using the copyright
status of material on the network page;
and

[d] controlling usage of the network
page using the categorization label and
the copyright status of the network
page.

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(e.g., limits on the quantity that may be redistributed),
modification rights, class related usage rights, category related
usage rights, sovereignty based licensing and taxation
fees, import and export regulations, and reporting and/or
privacy rights (you don't want to report back to the product
provider the actual identity of your end users and/or
customers).” Shear at col. 5, ll. 24-38.
Shear discloses using metadata to assign categories/classes to a
web page:
“Among the numerous advantages of the present inventions is
the ability to create classes of classes based in part on rights
management information. The feature may enhance search
efficiency by enabling search engines to locate members of
classes provided by any of numerous schemes for object
naming and object metadata that have been proposed. For
example, the IETF Uniform Resource Locator (URL), the
International Standard Book Number (ISBN), International
Standard Serial Number (ISSN), MARC library catalog
records, and the recent proposed "Dublin Core" (Weibel,
Stuart, Jean Godby, Eric Miller, and Ron Daniel,
"OCLC/NCSA Metadata Workshop Report", URL
http://www.oclc.org:5047
oclc/research/conferences/metadata/dublin_core_report.html)
are non-limiting examples of prior classifications that can
themselves be classified using the present inventions.
Example 4300, FIG. 68A-68B, shows several objects 4304(1)4304(n) each of which may have associated with it various
metadata 4302(1)-4302(n) that locates the object in one or
more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 78, l. 63 – col. 79, l. 18.
Shear discloses that the metadata may include
rights/permission management (i.e., copyright status):
Example 4300, FIG. 68A-68B, shows several objects 4304(1)4304(n) each of which may have associated with it various
metadata 4302(1)-4302(n) that locates the object in one or
more classes, non-limiting examples of which may include
network address (URL), price, control set information,
permission strings, subject category, title, and publisher.”
Shear at col. 79, ll. 12-18.
Shear discloses in Figs. 68A-68B the use of classes, including
categorization label and copyright status, to search for web
pages:

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX C

“In example step "1," object metadata 4302 is sent to a
matching and classification utility 900 which (example step
"2") may create new "classes of classes" 4306. These new
classes 4306 are then made available on a Web page 4308
(example step "3") to interested parties who may then search
for objects according to their membership in one (or more) of
these new classes of classes. In example step "4" an interested
party 4320 sends a VDE container with a request to retrieve the
Web page 4308 with the classes of metadata information. The
Web server (in example step "5") returns a copy of the page
4312 to the interested user 4320, who (in example step "6")
sends a VDE container with a query to the matching and
classification utility 900 asking, in this example, for objects in
new class 3 that cost less than $1.98, and that grant a "modify"
permission. In example step "7," the matching and
classification utility 900 returns a VDE container 4316 with list
of objects that match the criteria. The matching and
classification utility 900 may, in turn, provide URLs or other
location information for at least one member of the desired
class(es) in the list in container 4316.” Shear at col. 79, ll. 1938.
Shear discloses searching for web pages and other network
resources based on rights management:
“You therefore wish to search and match against rights
management rules associated with such products--non-limiting
examples of which include: cost ceilings, redistribution rights
(e.g., limits on the quantity that may be redistributed),
modification rights, class related usage rights, category related
usage rights, sovereignty based licensing and taxation
fees, import and export regulations, and reporting and/or
privacy rights (you don't want to report back to the product
provider the actual identity of your end users and/or
customers).” Shear at col. 5, ll. 24-38.

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