IconFind, Inc. v. Google, Inc.

Filing 88

JOINT STATEMENT Re Discovery Disagreement - Infringement Contentions by Defendant Google, Inc. (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 2, # 4 Exhibit 3)(Maikish, Kenneth)

WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
Thomas G. Redmon (SBN 47090)
[e-mail]
Daniel L. Baxter (SBN 203862)
[e-mail]
400 Capitol Mall, 22nd Floor
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]
NIRO, HALLER & NIRO
Raymond P. Niro (Admitted Pro hac vice)
[e-mail]
Raymond P. Niro, Jr. (Admitted Pro hac vice)
[e-mail]
Brian E. Haan (Admitted Pro hac vice)
[e-mail]
Anna B. Folgers (Admitted Pro hac vice)
[e-mail]
181 West Madison, Suite 4600
Chicago, IL 60602-4515
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff, IconFind, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ICONFIND, INC.,

Case No. 2:11-cv
cv-00319-GEB-JFM
Plaintiff,

v.

PLAINTIFF'S SECOND
SUPPLEMENTAL INFRINGEMENT
CONTENTIONS TO GOOGLE INC.

GOOGLE INC.,
Defendant.
Pursuant to the Parties meet and confer teleconference on January 27, 2012, the Parties
Joint Status Report (Dkt. No. 47), Plaintiff IconFind, Inc. (“IconFind”) sets forth the following
supplemental infringement contentions with respect to the patent in suit, U.S. Patent No.

PLAINTIFF'S SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO GOOGLE INC. Case No. 2:11-cv
cv00319-GEB-JFM

7,181,459 B2 ("'459 patent"). IconFind's investigation of the matters disclosed is ongoing.
Moreover, while Google has produced documents in this litigation, many of them contain
redactions which eviscerate the usefulness of the document to IconFind in gathering additional
evidence to support its contentions against Google. Additionally, these infringement contentions
are by their nature preliminary and IconFind objects to any attempt by Google to improperly and
prematurely force IconFind to narrow its positions, particularly where Google’s objections are
properly the subject of the claim construction process.
Moreover, IconFind reserves the right to supplement or modify these disclosures as new
information becomes available through fact and expert discovery or other investigation as
provided in the Federal Rules of Civil Procedure, and if the claim(s) of the '459 patent are
construed by this Court or any other court.
I.

INFRINGEMENT CONTENTIONS
A.

Asserted Claim(s)

IconFind contends that Google has infringed and continues to infringe at least claims 1, 6,
9, 16, 17, 19, 20, 21, 22, 29, 30 and 31 of the ‘459 patent under 35 U.S.C. § 271(a) through
Google’s use, ownership and operation of the websites in which it incorporates and facilitates
Creative Commons licenses, including but not limited to Google Knol, Google Books and
Google Picasa. IconFind further contends that Google has infringed and continues to infringe at
least claims 27 and 28 of the ‘459 patent under 35 U.S.C. § 271(a) through Google’s use,
ownership and operation of the websites in which it incorporates and facilitates Creative
Commons licenses, including but not limited to Google Knol.
B.

Each Accused Instrumentality

IconFind contends that Google has infringed and continues to infringe at least claims 1, 6,
9, 16, 17, 19, 20, 21, 22, 29, 30 and 31 of the ‘459 patent under 35 U.S.C. § 271(a) through
PLAINTIFF'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO GOOGLE INC.

-2-

Google’s use, ownership and operation of the websites in which it incorporates and facilitates
Creative Commons licenses, including but not limited to Google Knol, Google Books and
Google Picasa. IconFind further contends that Google has infringed and continues to infringe at
least claims 27 and 28 of the ‘459 patent under 35 U.S.C. § 271(a) through Google’s use,
ownership and operation of the websites in which it incorporates and facilitates Creative
Commons licenses, including but not limited to Google Knol.
C.

Claim Charts

IconFind notes that discovery has just begun, and Google has not produced any document
or other information that may provide further factual bases for IconFind’s claim of infringement,
including any document pertaining to or constituting Google’s technical documentation and
source code of the Accused Instrumentality. Therefore, this disclosure may well be preliminary
or incomplete, and IconFind expressly reserves the right to modify and supplement its disclosure
if additional information is discovered from Google or third parties.
Subject to these limitations, attached hereto as: (a) Exhibit A is a claim chart identifying
Google’s infringement through Google Knol; (b) Exhibit B is a claim chart identifying Google’s
infringement through Google Books; and (3) Exhibit C is a claim chart identifying Google’s
infringement through Google Picasa. IconFind reserves the right to supplement, modify and
revise the attached claim charts as discovery progresses and based on the Court’s claim
construction as provided in the Federal Rules of Civil Procedure.
D.

Priority Date for Each Asserted Claim

Claims 1, 6, 9, 16, 17, 19, 20, 21, 22, 27, 28, 29, 30 and 31 of the ‘459 patent are entitled
to a priority date of at least as early as August 9, 2001.

PLAINTIFF'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO GOOGLE INC.

-3-

E.

Basis for Wilfullness

IconFind contends that Google’s infringement has occurred with knowledge of the ‘459
patent and willfully and deliberately in violation of 35 U.S.C. § 284.

As an initial matter,

IconFind notes that discovery has just begun and Google has not produced any document or
other information that may provide further factual bases for IconFind’s claim of willful
infringement, including any document pertaining to Google’s course of conduct and commercial
activities after learning of the ‘459 patent. Accordingly, IconFind’s disclosure being made
herein may well be preliminary or incomplete given that Google itself possesses documents and
materials that may provide further bases for IconFind’s claim of willful infringement. Thus,
IconFind ex
expressly reserves the right to modify and supplement its disclosure once additional
information is produced in this litigation from Google and third parties.
Subject to and limited by the above comments, IconFind states that Google was given
actual notice of the ‘459 patent on or about January 2009, when IconFind provided notice to
Google that the ‘459 patent covered Google’s operation of its website. At least as a result of this
actual notice of infringement, Google was aware of IconFind’s rights in the ‘459 patent and its
direct relevance to Google’s business and commercial activities no later than January 2009.
Furthermore, Google and its patent attorneys were also aware of the ‘459 patent as evidenced by
the prosecution of Google’s own U.S. Patent Nos. 7,664,734, 7,693,825, 7,707,142, 7,788,274,
and 7,873,632.
Despite this notice, Google has continued its acts of infringement. It has taken no steps
to avoid infringement, much less adequate and necessary steps, and has not changed its course of
conduct with respect to its Accused Instrumentality. To the contrary, even following the actual
notice of infringement and the filing of the instant lawsuit, Google has continued its course of
conduct in objectively reckless disregard of the ‘459 patent.
PLAINTIFF'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO GOOGLE INC.

-4-

Subject to future supplementation upon receipt of the information within or under the
control of Google IconFind st
states that Google’s conduct establishes objectively reckless
disregard for IconFind’s patent rights so as to be liable for willful infringement of the ‘459 patent
’s
under the Title 35. As stated above, IconFind reserves the right to supplement, alter, or modify
this disclosure as discovery progresses.

Respectfully submitted,

NIRO, HALLER & NIRO
Raymond P. Niro (Pro hac vice)
[e-mail]
Raymond P. Niro, Jr. (Pro hac vice)
[e-mail]
Brian E. Haan (Pro hac vice)
[e-mail]
Anna B. Folgers (Pro hac vice)
[e-mail]

/s/
Anna B. Folgers
WILKE, FLEURY, HOFFELT, GOULD &
BIRNEY, LLP
Thomas G. Redmon (SBN 47090)
[e-mail]
Daniel L. Baxter (SBN 203862)
[e-mail]
Attorneys for Plaintiff, IconFind, Inc.

PLAINTIFF'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO GOOGLE INC.

-5-

CERTIFICATE OF SERVICE
CE
The undersigned hereby certifies that on February 3, 2012 the foregoing
PLAINTIFF'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO
GOOGLE INC.
was served via electronic transmission to the following counsel of record:
Michael J. Malecek
[e-mail]
Kenneth Maikish
[e-mail]
Kaye Scholer LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306
06
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Google Inc.
I certify that all parties in this case are represented by counsel who are CM/ECF participants.

/s/
Anna B. Folgers
Attorneys for Plaintiff

PLAINTIFF'S SECOND SUPPLEMENTAL INFRINGEMENT CONTENTIONS TO GOOGLE INC.

Contains Google CONFIDENTIAL OUTSIDE COUNSEL ONLY Information

"

Infringement of
U.S. Patent No. 7,181,459 B2
by
Google Inc. KnolTM

#

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

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

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

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;

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

Claim 1.

Google Inc.’s Knol is an online knowledge resource that
allows users to share and add content collaboratively. By and
through its Knol website, Google categorizes pages on the
Internet that contain its users’ content.

$

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

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

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

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;

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

Claim 1.

REDACTED

Google’s “Knol Design Document” confirms that a knol is a
“page.”

%

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

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

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

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;

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

Claim 1.

&

Google incorporates into its Knol website the use of Creative
Commons licenses. Google provides a list of categories for Knol
including categories for network pages that have as a purpose
transacting business, categories for network pages that have as a
purpose the provision of information and categories based on
copyright status of the material. Specifically, Knol includes categories
for commercial and noncommercial use, and a variety of copyright
status options. For example, Creative Commons Attribution 3.0
License allows commercial use, and accordingly has as a purpose
transacting business. As a further example, Creative Commons
Attribution-Noncommercial 3.0 License has as a purpose the provision
of information. As a further example, the “All Rights Reserved”
License includes a copyright status.

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

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

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

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;

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

Claim 1.

'

Google further provides its list of categories, and settings regarding
the same, on its “Licenses in Knol” page.

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

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

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

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;

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

Claim 1.
REDACTED

Google internal documents confirm its use of Licenses in Knol.

(

REDACTED

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

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

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

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;

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

Claim 1.

Google assigns the Knol pages to one or more of the categories
based on the user’s selection, or based on the default setting.

)

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

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

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

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;

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

Claim 1.

*

HTML below is for the
page which is shown at left

Google provides a label indicating a category or categories to which a
page is assigned using the copyright status of material on the network
page. Knol’s categorization label includes indicia for categories to
which the page is assigned. For instance, “by-nc and the
nc”
corresponding icons indicate the categories “Attribution” and
“Noncommercial” to which the exemplary page below is assigned
using the copyright status of material on the page.

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

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

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

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;

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

Claim 1.

"!

Google controls use of pages on Knol by providing indicia which
inform the viewer of the category or categories to which the
pages are assigned, including copyright status, which govern the
use of the material.

REDACTED

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

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

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

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;

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

Claim 1.

""

Additionally, the label assigned to each page is used for the
organization and retrieval of each network page. Thus, usage of
the page is controlled using the categorization label and the
copyright status of the network page. For example, Knol’s
Search Toolkit page provides the option to search by “License of
the document.”

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

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

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

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;

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

Claim 1.

As a further example, the Google Advanced Search page also
provides the option to search by “Usage rights.” Accordingly,
Google has made its categorization label readable by web
crawlers.

"#

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.

Claim 6.

"$

Google incorporates into its Knol website the use of Creative
Commons licenses. Google provides a list of categories for Knol, as
shown below, including a variety of copyright status options “related
to public domain, fair use only, use with attribution, and permission
of copyright owner needed.“ For example, “© all rights reserved” is
a category related to “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.

Claim 9.

"%

Google incorporates into its Knol website the use of Creative
Commons licenses. Google provides a list of categories for Knol
including a variety of copyright status options.

16. The method of claim 1, further comprising
providing an indicium for each of said
categories.

Claim 16.

Google Knol provides an indicium for each of said categories.

"&

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

Claim 17.

"'

Google Knol provides an indicium for each of said categories that
comprises an icon.

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.

Claim 19.

"(

HTML below is for the
page which is shown at left

Google Knol provides a system of characters or symbols that represent
categories that can be used to label the page with the categorization
label that indicates the categories to which the page is assigned. For
instance, “by” is the code for “Attribution” and “nc is the code for
nc”
“Noncommercial.” Thus, “by-nc is a categorization label which
nc”
indicates the categories “Attribution” and “Noncommercial” to which the
exemplary page below is assigned.

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

Claim 20.

")

HTML below is for the
page which is shown at left

Knol’s system of characters or symbols that represent categories
comprises an indicium for each of the categories. For instance, shown
below, the indicium “by” indicates “Attribution” and the indicium “nc
nc”
indicates “Noncommercial.”

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

Claim 21.

"*

HTML below is for the
page which is shown at left

Google Knol’s categorization code indicia comprise two letters. For
instance, the indicium “by,” which indicates “Attribution,” and the
indicium “nc which indicates “Noncommercial,” each comprise two
nc,”
letters. Google Knol thus provides a system of characters or symbols
that represent categories that can be used to label the page with the
categorization label that indicates the categories to which the page is
assigned.

22. The method of claim 20, wherein said
categorization label includes the indicia for each
category to which a page is assigned.

Claim 22.

#!

HTML below is for the
page which is shown at left

Google Knol’s categorization label includes the indicia for each
category to which a page is assigned. For instance, shown below, the
categorization label “by-nc indicates the categories “Attribution” and
nc”
“Noncommercial,” to which the exemplary page is assigned.

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

Claim 27.

#"

Google Knol makes its categorization label recognizable by a search
engine. For instance, Google Knol’s categorization labels are
recognizable by the Knol Search Toolkit. As shown below, a search for
“dog” on pages with a “Creative Commons Attribution-Noncommercial
3.0 License” returns 1,174 Knol pages. Additionally, Google Knol’s
categorization labels are recognizable by the Google Advanced Search
engine.

28. The method of claim 1, further comprising making
said categories to which a page is assigned
recognizable by a search engine.

Claim 28.

##

Google Knol makes the categories to which a page is assigned
recognizable by a search engine. For instance, Google Knol makes
the categories to which a page is assigned recognizable by the Knol
Search Toolkit. As shown below, a search for “dog” on pages with a
“Creative Commons Attribution-Noncommercial 3.0 License” returns
1,174 Knol pages. Additionally, Google Knol makes the categories to
which a page is assigned recognizable by the Google Advanced
Search engine.

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

Claim 29.

#$

Google incorporates into its Knol website the use of Creative
Commons licenses. Google Knol provides a list of categories
for display on a graphical user interface.

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

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

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;

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

Claim 30.

Google Inc.’s Knol is an online knowledge resource that
allows users to share and add content collaboratively. By and
through its Knol website, Google categorizes pages on the
Internet that contain its users’ content.

#%

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

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

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;

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

Claim 30.

#&

Google incorporates into its Knol website the use of Creative
Commons licenses. Google provides a list of categories for Knol
including categories for network pages that have as a purpose
transacting business, categories for network pages that have as a
purpose the provision of information and categories based on
copyright status of the material. Specifically, Knol includes categories
for commercial and noncommercial use, and a variety of copyright
status options. For example, Creative Commons Attribution 3.0
License allows commercial use, and accordingly has as a purpose
transacting business. As a further example, Creative Commons
Attribution-Noncommercial 3.0 License has as a purpose the provision
of information. As a further example, the “All Rights Reserved”
License includes a copyright status.

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

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

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;

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

Claim 30.

#'

Google further provides its list of categories, and settings regarding
the same, on its “Licenses in Knol” page.

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

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

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;

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

Claim 30.
REDACTED

Google internal documents confirm its use of Licenses in Knol.

#(

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

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

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;

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

Claim 30.

#)

HTML below is for
the page which is
shown at left

Google Knol provides a system of characters or symbols that
represent categories for labeling the page with a label indicating a
category or categories to which a page is assigned. For instance,
“by” is the code for “Attribution” and “nc is the code for
nc”
“Noncommercial.” Therefore, “by-nc is a categorization label which
nc”
indicates the category “Attribution” and subcategory “AttributionNoncommercial,” as well as the copyright status of the material, to
which the exemplary page below is assigned.

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

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

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;

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

Claim 30.

#*

Google controls use of pages on Knol by providing indicia which
inform the viewer of the category or categories to which the
pages are assigned, including copyright status, which govern the
use of the material.

REDACTED

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

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

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;

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

Claim 30.

$!

Additionally, the label assigned to each page is used for the
organization and retrieval of each network page. Thus, usage of
the page is controlled using the categorization label and the
copyright status of the network page. For example, Knol’s
Search Toolkit page provides the option to search by “License of
the document.”

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

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

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;

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

Claim 30.

As a further example, the Google Advanced Search page also
provides the option to search by “Usage rights.” Accordingly,
Google has made its categorization label readable by web
crawlers.

$"

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

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

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

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;

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

Claim 31.

Google Inc.’s Knol is an online knowledge resource that
allows users to share and add content collaboratively. By and
through its Knol website, Google categorizes pages on the
Internet that contain its users’ content.

$#

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

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

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

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;

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

Claim 31.

$$

Google incorporates into its Knol website the use of Creative
Commons licenses. Google provides a list of categories for Knol, as
shown below, including a variety of copyright status options “related to
public domain, fair use only, use with attribution, and permission of
copyright owner needed.” For example, “© all rights reserved” is a
category related to “permission of copyright owner needed.”

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

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

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

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;

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

Claim 31.

$%

Google further provides its list of categories, and settings regarding
the same, on its “Licenses in Knol” page.

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

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

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

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;

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

Claim 31.
REDACTED

Google internal documents confirm its use of Licenses in Knol.

$&

REDACTED

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

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

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

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;

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

Claim 31.

$'

Google assigns the Knol pages to one or more of the categories
based on the user’s selection, or based on the default setting.

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

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

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

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;

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

Claim 31.

$(

HTML below is for the
page which is shown at left

Google provides a label indicating a category or categories to which a
page is assigned using the copyright status of material on the network
page. Knol’s categorization label includes indicia for categories to
which the page is assigned. For instance, “by-nc and the
nc”
corresponding icons indicate the categories “Attribution” and
“Noncommercial” to which the exemplary page below is assigned.

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

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

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

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;

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

Claim 31.

$)

Google controls use of pages on Knol by providing indicia which
inform the viewer of the category or categories to which the
pages are assigned, including copyright status, which govern the
use of the material.

REDACTED

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

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

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

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;

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

Claim 31.

$*

Additionally, the label assigned to each page is used for the
organization and retrieval of each network page. Thus, usage of
the page is controlled using the categorization label and the
copyright status of the network page. For example, Knol’s
Search Toolkit page provides the option to search by “License of
the document.”

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

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

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

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;

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

Claim 31.

As a further example, the Google Advanced Search page also
provides the option to search by “Usage rights.” Accordingly,
Google has made its categorization label readable by web
crawlers.

%!

Contains Google CONFIDENTIAL RESTRICTED SOURCE CODE Information

"

Infringement of
U.S. Patent No. 7,181,459 B2
by
Google Inc. books

#

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

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

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

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;

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

Claim 1.

Google Inc.’s books is an online resource that allows users to
search for, browse and learn where to buy or borrow books.
Google books also enables publishers and authors to
promote and market their books. By and through its Google
books website, Google categorizes pages on the Internet that
contain its users’ books and other content.

$

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

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

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

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;

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

Claim 1.

%

Google incorporates into its Google books website the use of Creative
Commons licenses. Google provides a list of categories for Google
books including categories for network pages that have as a purpose
transacting business, categories for network pages that have as a
purpose the provision of information and categories based on
copyright status of the material. Specifically, Google books includes
categories for commercial and noncommercial use, and a variety of
copyright status options. For example, Creative Commons Attribution
License allows commercial use, and accordingly has as a purpose
transacting business. As a further example, Creative Commons
Attribution-Noncommercial License has as a purpose the provision of
information. As a further example, the “Creative Commons (CCO)”
License includes a copyright status -- public domain.

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

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

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

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;

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

Claim 1.

REDACTED

Google’s internal documents confirm its use of the 7 Creative
Commons licenses in Google books.

&

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

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

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

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;

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

Claim 1.

'

Google assigns the Google books pages to one or more of the
categories based on the user’s settings. As shown below, on a
Google books page, the license is “displayed alongside your book,”
and thus is a “Creative Commons license to your book in Google
Books.”

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

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

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

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;

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

Claim 1.

(

HTML below is for the
page which is shown at left

Google provides a label indicating a category or categories to which a
page is assigned using the copyright status of material on the network
page. Google books’ categorization label includes indicia for
categories to which the page is assigned. For instance, “by nc sa
sa”
and the corresponding icons indicate the categories “Attribution,”
“Noncommercial” and “Share alike” to which the exemplary page
below is assigned using the copyright status of material on the page,
such as the book.

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

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

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

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;

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

Claim 1.

)

HTML below is for the
page which is shown at left

http://books.google.com/support/partner/bin/answer.py?answer=156266

Google controls use of pages on Google books by providing
indicia which inform the viewer of the category or categories to
which the pages are assigned, including copyright status, which
govern the use of the material.

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.

Claim 6.

*

Google incorporates into its Google books website the use of
Creative Commons licenses. Google provides a list of categories
for Google books, as shown below, including a variety of copyright
status options “related to public domain, fair use only, use with
attribution, and permission of copyright owner needed.” For
example, “Attribution” is a category related to “use with attribution.”

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.

Claim 9.

"!

Google incorporates into its Google books website the use of
Creative Commons licenses. Google provides a list of categories
for Google books including a variety of copyright status options.

16. The method of claim 1, further comprising
providing an indicium for each of said
categories.

Claim 16.

""

HTML below is for the
page which is shown at left

Google books provides an indicium for each of said categories.

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

Claim 17.

"#

HTML below is for the page
which is shown at left

Google books provides an indicium for each of said categories that
comprises an icon.

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.

Claim 19.

"$

HTML below is for the
page which is shown at left

Google books provides a system of characters or symbols that
represent categories that can be used to label the page with the
categorization label that indicates the categories to which the page is
assigned. For instance, “by” is the code for “Attribution,” “nc is the
nc”
code for “Noncommercial,” and “sa is the code for “Share alike.”
sa”
Accordingly, “by nc sa is a categorization label which indicates the
sa”
categories “Attribution,” “Noncommercial” and “Share alike” to which
the exemplary page below is assigned. Google thus provides a label
indicating a category or categories to which a page is assigned using
the copyright status of material on the network page.