IconFind, Inc. v. Google, Inc.
Filing
97
[DISREGARD - Attorney to Re-File per Judge's Request] BRIEF Opening Claim Construction Brief by Google, Inc.. (Attachments: # 1 Declaration Kenneth Maikish Declaration, # 2 Exhibit 1 to Maikish Declaration, # 3 Exhibit 2 to Maikish Declaration, # 4 Exhibit 3 to Maikish Declaration, # 5 Exhibit 4 to Maikish Declaration, # 6 Exhibit 5 to Maikish Declaration, # 7 Exhibit 6 to Maikish Declaration, # 8 Exhibit 7 to Maikish Declaration, # 9 Exhibit 8 to Maikish Declaration, # 10 Exhibit 9 to Maikish Declaration, # 11 Exhibit 10 to Maikish Declaration, # 12 Exhibit 11 to Maikish Declaration, # 13 Exhibit 12 to Maikish Declaration, # 14 Exhibit 13 to Maikish Declaration, # 15 Exhibit 14 to Maikish Declaration)(Maikish, Kenneth) Modified on 5/22/2012 (Michel, G).
EXHIBIT 5
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
---o0o--BEFORE THE HONORABLE WILLIAM B. SHUBB, JUDGE
---o0o--ICONFIND, INC.,
Plaintiff,
vs.
No. Civ. S-09-00109
YAHOO, INC.,
Defendant.
/
---o0o--REPORTER'S TRANSCRIPT OF PROCEEDINGS
DEFENDANT'S MOTION FOR CLAIM CONSTRUCTION
MONDAY, DECEMBER 7, 2009
---o0o---
Reported by:
KATHY L. SWINHART, CSR #10150
KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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unless there's something else that -MS. KASH:
There is one more term that we could
probably go through quickly.
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MR. HAAN:
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THE COURT:
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MS. KASH:
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THE COURT:
Oh, network page, right.
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MR. HAAN:
Your Honor, if I could --
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THE COURT:
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MR. HAAN:
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Right.
Which is that?
Network page.
A page which is part of a network.
Your Honor, if I could make one more point
about categorization label.
Once again, the specification says that category
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assignments can be sent to a search engine.
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does not have to include all the category assignments in the
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label in order to operate.
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So the invention
Yahoo's position was that the label itself must
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expressly indicate every category in order for the invention
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to operate.
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search engine as is discussed at column 6 and line 55, then
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the search engine already has those category assignments in
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its database.
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particular page, it can use that information that the search
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engine has, and then it can use whatever category assignments
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are expressly included in the label.
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But if category assignments are communicated to a
And if someone uses the search engine to find a
THE COURT:
Why do you think the Court needs to define
KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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page?
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MR. HAAN:
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THE COURT:
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Court needs to define page?
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MR. HAAN:
We do not, Your Honor.
You do not.
Why does Yahoo think the
One thing I wanted to point out, Your
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Honor, was that Yahoo has changed its position halfway through
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the briefing on this term.
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to page 20, it has offered its construction for the whole term
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"network page" including both words.
In its opening brief, if we turn
In its response brief it
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offered its construction only for the term "page" and said
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that it agreed with IconFind's construction of the term
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"network."
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It did not inform IconFind of this change in its
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position.
Quite frankly we think it's unfair and also
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implicates new claims because the term "network page" together
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shows up in Claims 1, 30 and 31, and the term "page" by itself
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shows up in Claims 19, 22 and 28.
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THE COURT:
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Court needs to define page?
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MS. KASH:
Okay.
So, Ms. Kash, why do you think the
Well, Your Honor, we think that you need to
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define page because the manner in which the plaintiff is
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asserting its patent against Yahoo, who uploads and assigns to
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the extent any categories are assigned to photographs, and
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Flickr as we discussed earlier today only applies user
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selected settings to uploaded photographs, not to an entire
KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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network page.
And we did not seek to redefine page in and of itself.
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We were simply stating in our reply brief that we don't
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disagree as to what constitutes a network.
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on what's a network.
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about when you say page?
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have happen is to expand this patent to cover things, simply a
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photograph, where a network page is what the categories this
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whole patent are being assigned to.
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THE COURT:
We can all agree
The issue here is what are you talking
Because what the plaintiff wants to
Did I get this backwards?
Because it
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looks like you're the one asking to define as files, data and
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information presented when a network address is accessed
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including any text, audio, advertising, images, files,
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graphics or graphical user interface.
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the jury into thinking that an audio, an advertisement, an
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image or a graphic could be a page?
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MS. KASH:
Wouldn't that confuse
What it is is anything that is -- there's a
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difference in this patent between the fact that -- there's
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very clear language that when something is being -- a category
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is assigned to the network page versus a category assigned to
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material on the page.
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THE COURT:
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MS. KASH:
Right.
They're arguing that the photograph itself,
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in and of itself constitutes -- can constitute a network page.
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And we're saying no, no, no, the network page is the whole
KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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thing.
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that's located on that, that is the page and that that is not
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something -- so that when you -- Yahoo does not categorize the
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IP address itself.
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all the stuff that's found at a network page or a web page,
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however you want to define it in common Internet usage.
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Everything that's found in an IP address, everything
THE COURT:
MR. HAAN:
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THE COURT:
Let me ask you then, Mr. Haan, the
Right.
Is it your position that page could be an
image which is found on a web page?
MR. HAAN:
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Okay.
It doesn't categorize
patent uses the term "material on a page."
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It doesn't do that.
That the image itself constitutes a network
page?
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THE COURT:
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MR. HAAN:
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THE COURT:
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MR. HAAN:
Yeah.
Is that your position?
No, that's not our position.
Okay.
Our position is you assign the page based
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on the material that's on the page, but that doesn't
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necessarily include all files, data and information.
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look at a website, it may have the logo of a company.
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we include Yahoo's proposed construction and you look at it in
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the context of the claims, it says assigning said network
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page.
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THE COURT:
If you
And if
Well, we can get to the question of
whether this is an infringement or not later on.
But for
KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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right now it seems that you're both in agreement that the
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image that's on a page is not a, quote, page, unquote.
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material on a page.
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doesn't need to be defined.
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define network page in order to define what a network is.
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Network page is a page on the Internet, a private corporate
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network, intranet, local area network or other network.
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MR. HAAN:
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THE COURT:
It's
And so we should simply define -- page
Yes.
It seems that we should just
That's our position, Your Honor.
What's wrong with that since nobody is
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going to take the position that an image on a page is a page
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in and of itself?
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MS. KASH:
If that is an admission that we have from
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plaintiff and Your Honor is accepting of it, then network page
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is fine.
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THE COURT:
All right.
Well, if you want to just --
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we can put it on the record.
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which is on a page is a, quote, page, unquote, itself.
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MR. HAAN:
THE COURT:
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MS. KASH:
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THE COURT:
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MR. HAAN:
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An image itself, in and of itself the image
file is not a page.
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You do not claim that an image
All right.
Thank you.
Okay.
So I guess I don't understand what the
construction of this term is.
THE COURT:
There is no construction?
No, there will be a construction.
But I
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don't think we need to define the word "page" because
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everybody understands what it means.
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image, it means a page.
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MR. HAAN:
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THE COURT:
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It doesn't mean an
or a network page.
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MR. HAAN:
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THE COURT:
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MS. KASH:
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THE COURT:
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MR. HAAN:
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Right.
It's got a common definition, a web page
Right.
Right.
Thank you, Your Honor.
Okay.
Anything else?
Not unless Your Honor has any further
questions.
THE COURT:
No.
This is interesting.
I've enjoyed
the discussion.
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MS. KASH:
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THE COURT:
Thank you, Your Honor.
The matter is taken under submission.
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(Proceedings were concluded at 3:56 p.m.)
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---o0o---
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KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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I certify that the foregoing is a correct transcript
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from the record of proceedings in the above-entitled matter.
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/s/ Kathy L. Swinhart
KATHY L. SWINHART, CSR #10150
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KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347
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