Leader Technologies Inc. v. Facebook Inc.

Filing 180

DECLARATION Of Paul J. Andre re 179 Claim Construction Opening Brief by Leader Technologies Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, PART 1, # 5 Exhibit 4 PART2, # 6 Exhibit 4 PART 3, # 7 Exhibit 4 PART 4, # 8 Exhibit 4 PART 5, # 9 Exhibit 4 PART 6, # 10 Exhibit 4 PART 7, # 11 Exhibit 4 PART 8, # 12 Exhibit 5)(Rovner, Philip) Modified on 12/11/2009 (nms).

EXHIBIT 2

Claim Term

Facebook’s Preliminary Proposed Construction

accesses [the data]

retrieves information in the second context as distinct from uploading, adding
or creating it

[the data is] accessed

the information is retrieved in the second user environment, as distinct from
uploading, adding or creating it

application(s)

a computer program designed to accomplish a specific task

arrangements

a specifically-ordered set of items

associated/association/a linked, or linking
ssociating
based on the change

in response to the user’s movement from the first context to the second
context

capturing

obtaining

change in access of the
user

movement of a user from the first workspace to the second workspace to
facilitate access in the second workspace

change information

data that records the movement of a user from one user workspace to another

component

Facebook contends that the term “component” should be construed in
reference to the specific components recited in the asserted claims (“context
component,” “tracking component,” “storage component”). See constructions
for those terms, below.

context

collection of interrelated webs

context component

Means-plus-function element governed by § 112(6)
As to claim 1:
Function: Capturing context information associated with user-defined data
created by user interaction of a user in a first context of the network-based
system and dynamically storing the context information in metadata
associated with the user-defined data.
Structure: Context component 110 of Fig. 1, but the algorithm used to carry
out the recited function is not disclosed in the specification as required by §
112(6), rendering claim 1 invalid.
As to claim 23::

Claim Term

Facebook’s Preliminary Proposed Construction
Function: Defining a first user workspace of the web-based server, assigning
one or more applications to the first user workspace, capturing context data
associated with user interaction of a user while in the first user workspace,
and for dynamically storing the context data as metadata on a storage
component of the web-based server.
Structure: Context component 110 of Fig. 1, but the algorithm used to carry
out the recited function is not disclosed in the specification as required by §
112(6), rendering the claim invalid.

context information

data that identifies at least a specific context

created or create

brought/to bring into existence

dynamically

automatically and in response to the preceding event

employs [at least one
of] [the application and
data]

uses at least one of the application and data that is already in the second user
environment, as distinct from uploading, adding or creating them

employs [the
application and data]

uses the application and data that is already in the second user environment,
as distinct from uploading, adding or creating them

employs

uses something already available (as distinct from uploading, adding or
creating

environment

collection of interrelated contexts

file storage pointers

information that identifies the specific folders in which specific files are
located

generating

creating

in response to which

causing

indexing

the creation and use of a list or table that contains reference information
pointing to stored data

interrelated

related to each other

interrelationship

defining a parent-child relationship between two or more workspaces

locating/locate

finding/find

many to many

Term is indefinite under 35 U.S.C. § 112(1).

2

Claim Term

Facebook’s Preliminary Proposed Construction

functionality
metadata

a stored item of information associated with a user’s data that identifies at
least the context, user workspace or user environment in which the user and
the data currently reside

ordering

placing into a fixed sequence

ordering information

data that specifies a particular path or route by which user environments must
be traversed

portable wireless
device

device that can communicate with a computer network over a wireless
communications medium

relational storage
methodology

storing items in a database based on their relationships to each other

relationship

information defining a connection between two or more things

remote location

a place different from the web-based computing platform

search and association
criteria

indefinite; no construction possible

storage component

memory

tagged

attached

3

Claim Term
tracking component

Facebook’s Preliminary Proposed Construction
Means-plus-function element governed by § 112(6)
As to claim 1:
Function: Tracking a change of the user from the first context to a second
context of the network-based system and dynamically updating the stored
metadata based on the change.
Structure: Tracking component 116 of Fig. 1 but the algorithm used to carry
out the recited functions is not disclosed in the specification as required by §
112(6), rendering claim 1 invalid.
As to claim 23:
Function: Tracking change information associated with a change in access
of the user from the first user workspace to a second user workspace, and
dynamically storing the change information on the storage component as part
of the metadata.
Structure: Tracking component 116 of Fig. 1 but the algorithm used to carry
out the recited functions is not disclosed in the specification as required by §
112(6), rendering the claim invalid.

traversing

navigation by the user according to a specific path or route

updating

modifying existing data to make it current

user interaction

user actions resulting in the creation of data

user-defined data

data created by user interaction of a user in a first context of the networkbased system

web

collection of interrelated boards/workspaces

workspace

a collection of data and application functionality related to a user-defined
topic

4