IconFind, Inc. v. Google, Inc.

Filing 98

BRIEF Google's Opening Claim Construction Brief by Google, Inc. (Attachments: # 1 Declaration Kenneth Maikish, # 2 Exhibit 1 to Maikish Declaration, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14)(Maikish, Kenneth) Modified on 5/23/2012 (Meuleman, A).

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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 71 1 2 3 unless there's something else that -MS. KASH: There is one more term that we could probably go through quickly. 4 MR. HAAN: 5 THE COURT: 6 MS. KASH: 7 THE COURT: Oh, network page, right. 8 MR. HAAN: Your Honor, if I could -- 9 THE COURT: 10 MR. HAAN: 11 12 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 13 assignments can be sent to a search engine. 14 does not have to include all the category assignments in the 15 label in order to operate. 16 So the invention Yahoo's position was that the label itself must 17 expressly indicate every category in order for the invention 18 to operate. 19 search engine as is discussed at column 6 and line 55, then 20 the search engine already has those category assignments in 21 its database. 22 particular page, it can use that information that the search 23 engine has, and then it can use whatever category assignments 24 are expressly included in the label. 25 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 72 1 page? 2 MR. HAAN: 3 THE COURT: 4 Court needs to define page? 5 MR. HAAN: We do not, Your Honor. You do not. Why does Yahoo think the One thing I wanted to point out, Your 6 Honor, was that Yahoo has changed its position halfway through 7 the briefing on this term. 8 to page 20, it has offered its construction for the whole term 9 "network page" including both words. In its opening brief, if we turn In its response brief it 10 offered its construction only for the term "page" and said 11 that it agreed with IconFind's construction of the term 12 "network." 13 It did not inform IconFind of this change in its 14 position. Quite frankly we think it's unfair and also 15 implicates new claims because the term "network page" together 16 shows up in Claims 1, 30 and 31, and the term "page" by itself 17 shows up in Claims 19, 22 and 28. 18 THE COURT: 19 Court needs to define page? 20 MS. KASH: Okay. So, Ms. Kash, why do you think the Well, Your Honor, we think that you need to 21 define page because the manner in which the plaintiff is 22 asserting its patent against Yahoo, who uploads and assigns to 23 the extent any categories are assigned to photographs, and 24 Flickr as we discussed earlier today only applies user 25 selected settings to uploaded photographs, not to an entire KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347 73 1 2 network page. And we did not seek to redefine page in and of itself. 3 We were simply stating in our reply brief that we don't 4 disagree as to what constitutes a network. 5 on what's a network. 6 about when you say page? 7 have happen is to expand this patent to cover things, simply a 8 photograph, where a network page is what the categories this 9 whole patent are being assigned to. 10 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 11 looks like you're the one asking to define as files, data and 12 information presented when a network address is accessed 13 including any text, audio, advertising, images, files, 14 graphics or graphical user interface. 15 the jury into thinking that an audio, an advertisement, an 16 image or a graphic could be a page? 17 MS. KASH: Wouldn't that confuse What it is is anything that is -- there's a 18 difference in this patent between the fact that -- there's 19 very clear language that when something is being -- a category 20 is assigned to the network page versus a category assigned to 21 material on the page. 22 THE COURT: 23 MS. KASH: Right. They're arguing that the photograph itself, 24 in and of itself constitutes -- can constitute a network page. 25 And we're saying no, no, no, the network page is the whole KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347 74 1 thing. 2 that's located on that, that is the page and that that is not 3 something -- so that when you -- Yahoo does not categorize the 4 IP address itself. 5 all the stuff that's found at a network page or a web page, 6 however you want to define it in common Internet usage. 7 8 Everything that's found in an IP address, everything THE COURT: MR. HAAN: 10 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: 12 13 Okay. It doesn't categorize patent uses the term "material on a page." 9 11 It doesn't do that. That the image itself constitutes a network page? 14 THE COURT: 15 MR. HAAN: 16 THE COURT: 17 MR. HAAN: Yeah. Is that your position? No, that's not our position. Okay. Our position is you assign the page based 18 on the material that's on the page, but that doesn't 19 necessarily include all files, data and information. 20 look at a website, it may have the logo of a company. 21 we include Yahoo's proposed construction and you look at it in 22 the context of the claims, it says assigning said network 23 page. 24 25 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 75 1 right now it seems that you're both in agreement that the 2 image that's on a page is not a, quote, page, unquote. 3 material on a page. 4 doesn't need to be defined. 5 define network page in order to define what a network is. 6 Network page is a page on the Internet, a private corporate 7 network, intranet, local area network or other network. 8 MR. HAAN: 9 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 10 going to take the position that an image on a page is a page 11 in and of itself? 12 MS. KASH: If that is an admission that we have from 13 plaintiff and Your Honor is accepting of it, then network page 14 is fine. 15 THE COURT: All right. Well, if you want to just -- 16 we can put it on the record. 17 which is on a page is a, quote, page, unquote, itself. 18 19 MR. HAAN: THE COURT: 21 MS. KASH: 22 THE COURT: 23 MR. HAAN: 25 An image itself, in and of itself the image file is not a page. 20 24 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 KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347 76 1 don't think we need to define the word "page" because 2 everybody understands what it means. 3 image, it means a page. 4 MR. HAAN: 5 THE COURT: 6 It doesn't mean an or a network page. 7 MR. HAAN: 8 THE COURT: 9 MS. KASH: 10 THE COURT: 11 MR. HAAN: 12 13 14 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. 15 MS. KASH: 16 THE COURT: Thank you, Your Honor. The matter is taken under submission. 17 (Proceedings were concluded at 3:56 p.m.) 18 ---o0o--- 19 20 21 22 23 24 25 KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347 1 I certify that the foregoing is a correct transcript 2 from the record of proceedings in the above-entitled matter. 3 4 5 /s/ Kathy L. Swinhart KATHY L. SWINHART, CSR #10150 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KATHY L. SWINHART, OFFICIAL COURT REPORTER, USDC -- (916) 446-1347

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