Leader Technologies Inc. v. Facebook Inc.

Filing 597

VERDICT SHEET by Facebook Inc.(a Delaware corporation). (Caponi, Steven)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

LEADER TECHNOLOGIES, INC., a
Delaware corporation,
Plaintiff-Counterdefendant,
Civil Action No. 08-862-JJF/LPS
v.
FACEBOOK, INC., a Delaware corporation,
Defendant-Counterclaimant.

DEFENDANT FACEBOOK, INC.’S PROPOSED SPECIAL VERDICT FORM
Leader’s Patent Infringement Claims Against Facebook
Literal Infringement
1.

Do you find that Leader has proven by a preponderance of the evidence that Facebook

has literally infringed each and every element of any of the asserted claims of U.S. Patent No.
7,139,761? Answer this question regarding infringement of the ’761 patent with a “yes” or
“no.” A “yes” is a finding for Leader, a “no” is a finding for Facebook.
YES _____

NO _____

If you answered “No,” please proceed to Question No. 3

2.

If you answered “Yes,” please place a check mark next to the claims you found to be

infringed.
Claim 1: _____

Claim 4: _____

Claim 7: _____

Claim 9: _____

Claim 11: _____

Claim 16: _____

Claim 21: _____

Claim 23: _____

Claim 25: _____

Claim 31: _____

Claim 32: _____

Infringement Under the Doctrine of Equivalents
3.

If you found that Facebook did not literally infringe some or all of the claims of U.S.

Patent No. 7,139,761 in Question 1, do you find that Leader has proven by a preponderance of
the evidence that Facebook has infringed any of those claims under the doctrine of equivalents?
Answer this question regarding infringement of the ’761 patent under the doctrine of equivalents
with a “yes” or “no.” A “yes” is a finding for Leader, a “no” is a finding for Facebook.
YES _____

NO _____

If you answered “No,” please proceed to Question No. 5.

4.

If you answered “Yes,” please mark the claims you found to be infringed under the

doctrine of equivalents.

Claim 1:

_____

Claim 4:

Claim 9:

_____

Claim 11: _____

Claim 16: _____

Claim 21: _____

Claim 23: _____

Claim 25: _____

Claim 31: _____

Claim 32: _____

5.

_____

Claim 7:

_____

If you answered “Yes” to Question 3, and for each claim you marked in Question 4, for

each of the claim elements below, next to each element of each claim, mark whether you found
the element to be literally met or whether you found that element was met under the doctrine of
equivalents. Only answer as to claims you marked in Question 4.
Claim 1:
Element

Literal?

Equivalent?

A computer-implemented

Literally present? ___

Equivalent present? ___

network-based system that
2

facilitates management of
data, comprising:
a computer-implemented

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

context component of the
network-based system for
capturing context information
associated with user-defined
data created by user
interaction of a user in a first
context of the network-based
system
the context component
dynamically storing the
context information in
metadata associated with the
user-defined data
the user-defined data and
metadata stored on a storage
component of the networkbased system
a computer-implemented
tracking component of the
network-based system for
tracking a change of the user
from the first context to a
second context of the network-

3

based system
and dynamically updating the

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Element

Literal?

Equivalent?

The system of claim 1

Literally present? ___

Equivalent present? ___

the context information

Literally present? ___

Equivalent present? ___

Element

Literal?

Equivalent?

The system of claim 1

Literally present? ___

Equivalent present? ___

wherein the data created in the

Literally present? ___

Equivalent present? ___

stored metadata based on the
change
wherein the user accesses the
data from the second context

Claim 4:

includes a relationship
between the user and at least
one of an application,
application data, and user
environment.

Claim 7:

first context is associated with
data created in the second
context.

4

Claim 9:
Element

Literal?

Equivalent?

A computer-implemented

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

method of managing data,
comprising computerexecutable acts of
creating data within a user
environment of a web-based
computing platform via user
interaction with the user
environment by a user using
an application,
the data in the form of at least
files and documents
dynamically associating
metadata with the data
the data and metadata stored
on a storage component of the
web-based computing
platform
the metadata includes
information related to the user,
the data, the application, and
the user environment
tracking movement of the user
from the user environment of

5

the web-based computing
platform to a second user
environment of the web-based
computing platform
dynamically updating the

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Element

Literal?

Equivalent?

The method of claim 9

Literally present? ___

Equivalent present? ___

further comprising indexing

Literally present? ___

Equivalent present? ___

stored metadata with an
association of the data, the
application, and the second
user environment
wherein the user employs at
least one of the application
and the data from the second
environment

Claim 11:

content of the user
environment such that a
plurality of users can access
the content from an associated
plurality of user environments.

6

Claim 16:
Element

Literal?

Equivalent?

The method of claim 9

Literally present? ___

Equivalent present? ___

further comprising accessing

Literally present? ___

Equivalent present? ___

Element

Literal?

Equivalent?

A computer-readable medium

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

the user environment via a
portable web device

Claim 21:

for storing computerexecutable instructions for a
method of managing data, the
method comprising:
creating data related to user
interaction of a user within a
user workspace of a webbased computer platform
using an application
dynamically associating
metadata with the data
the data and metadata stored
on the web-based computing
platform
the metadata includes
information related to the user

7

of the user workspace, to the
data, to the application, and to
the user workspace
tracking movement of the user

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

from the user workspace to a
second user workspace of the
web-based computing
platform
dynamically associating the
data and the application with
the second user workspace in
the metadata
such that the user employs the
application and data from the
second user workspace
indexing the data created in
the user workspace
such that a plurality of
different users can access the
data via the metadata from a
corresponding plurality of
different user workspaces.

8

Claim 23:
Element

Literal?

Equivalent?

A computer-implemented

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

system that facilitates
management of data,
comprising:
a computer-implemented
context component of a webbased server for 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
which metadata is
dynamically associated with
data created in the first user
workspace;

9

a computer-implemented

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Literally present? ___

Equivalent present? ___

Element

Literal?

Equivalent?

The system of claim 23

Literally present? ___

Equivalent present? ___

wherein the context

Literally present? ___

Equivalent present? ___

tracking component of the
web-based server for tracking
change information associated
with a change in access of the
user from the first user
workspace to the second user
workspace
dynamically storing the
change information on the
storage component as part of
the metadata
wherein the user accesses the
data from the second user
workspace

Claim 25:

component captures
relationship data associated
with a relationship between
the first user workspace and at
least one other user
workspace.

10

Claim 31:
Element

Literal?

Equivalent?

The system of claim 23

Literally present? ___

Equivalent present? ___

Wherein the storage

Literally present? ___

Equivalent present? ___

Element

Literal?

Equivalent?

The system of claim 23

Literally present? ___

Equivalent present? ___

Wherein storing of the

Literally present? ___

Equivalent present? ___

component stores the data and
the metadata according to at
least one of a relational and an
object storage methodology.

Claim 32:

metadata in the storage
component in association with
data facilitates many-to-many
functionality of the data via
the metadata.

Control or Direction
6.

With respect to its direct infringement claim against Facebook, has Leader shown by a

preponderance of the evidence that Facebook controls or directs the accused actions of Facebook
end users. Answer this question regarding infringement with a “yes” or “no.” A “yes” is a
finding for Leader, a “no” is a finding for Facebook.
YES _____

NO _____

11

Priority Date of U.S. Patent No. 7,139,761
7.

Do you find that Leader has proven by a preponderance of the evidence that U.S. Patent

Application No. 60/432255 (the “Provisional Application”) fully discloses each and every
element of any asserted claim of U.S. Patent No. 7,139,761? Answer this question regarding
priority date of the ’761 patent with a “yes” or “no.” A “yes” is a finding for Leader, a “no” is
a finding for Facebook.
YES _____

NO _____

If you answered “Yes,” please mark the asserted claims of U.S. Patent No. 7,139,761 for which
you found that each and every element was fully disclosed by the Provisional Application.

Claim 1:

_____

Claim 4:

_____

Claim 7:

_____

Claim 9:

_____

Claim 11: _____

Claim 16: _____

Claim 21: _____

Claim 23: _____

Claim 25: _____

Claim 31: _____

Claim 32: _____

Facebook’s Patent Invalidity Defenses
On-Sale Bar
8.

Do you find that Facebook has proven by clear and convincing evidence that the asserted

claims of U.S. Patent No. 7,139,761 are invalid because the alleged invention was the subject of
an invalidating offer of sale? Answer this question regarding invalidity of the ’761 patent with a
“yes” or “no.” A “yes” is a finding for Facebook, a “no” is a finding for Leader.
YES _____

NO _____

12

Prior Public Use
9.

Do you find that Facebook has proven by clear and convincing evidence that the asserted

claims of U.S. Patent No. 7,139,761 are invalid because the alleged invention was the subject of
an invalidating public use? Answer this question regarding invalidity of the ’761 patent with a
“yes” or “no.” A “yes” is a finding for Facebook, a “no” is a finding for Leader.
YES _____

NO _____

Anticipation by iManage
10.

Do you find that Facebook has proven by clear and convincing evidence that any of the

asserted claims of U.S. Patent No. 7,139,761 are invalid because they are anticipated by iManage
DeskSite 6.0 (“iManage”)? Answer this question regarding invalidity of the ’761 patent with a
“yes” or “no.” A “yes” is a finding for Facebook, a “no” is a finding for Leader.
YES _____

NO _____

If you answered “No,” please proceed to Question No. 12.
11.

If you answered “Yes,” please mark the claims you found to be anticipated.

Claim 1:

_____

Claim 4:

_____

Claim 7:

_____

Claim 9:

_____

Claim 11: _____

Claim 16: _____

Claim 21: _____

Claim 23: _____

Claim 25: _____

Claim 31: _____

Claim 32: _____

Anticipation by Swartz
12.

Do you find that Facebook has proven by clear and convincing evidence that any of the

asserted claims of U.S. Patent No. 7,139,761 are invalid because they are anticipated by U.S.
13

Patent No. 6,236,994 B1 (“Swartz”)? Answer this question regarding invalidity of the ’761
patent with a “yes” or “no.” A “yes” is a finding for Facebook, a “no” is a finding for Leader.
YES _____

NO _____

If you answered “No,” please proceed to Question No. 14.
13.

If you answered “Yes,” please mark the claims you found to be anticipated.

Claim 1:

_____

Claim 4:

_____

Claim 7:

_____

Claim 9:

_____

Claim 11: _____

Claim 16: _____

Claim 21: _____

Claim 23: _____

Claim 25: _____

Claim 31: _____

Claim 32: _____

Anticipation by Hubert
14.

Do you find that Facebook has proven by clear and convincing evidence that any of the

asserted claims of U.S. Patent No. 7,139,761 are invalid because they are anticipated by
European Patent Application No. EP 1 087 306 A2 or U.S. Patent No. 7,590,934 B2 (“Hubert”)?
Answer this question regarding invalidity of the ’761 patent with a “yes” or “no.” A “yes” is a
finding for Facebook, a “no” is a finding for Leader.
YES _____

NO _____

If you answered “No,” please proceed to Question No. 16.
15.

If you answered “Yes,” please mark the claims you found to be anticipated.

Claim 1:

_____

Claim 4:

_____

Claim 9:

_____

Claim 11: _____

Claim 7:

_____

Claim 16: _____

14

Claim 21: _____

Claim 23: _____

Claim 31: _____

Claim 25: _____

Claim 32: _____

Obviousness
16.

Do you find that Facebook has proven by clear and convincing evidence that any of the

claims of U.S. Patent No. 7,139,761 are invalid on the ground of obviousness? Answer this
question regarding invalidity of the ‘761 patent with a “yes” or “no.” A “yes” is a finding for
Facebook, a “no” is a finding for Leader.
YES _____

17.

NO _____

If you answered “Yes,” please mark the claims you found to be obvious.

Claim 1:

_____

Claim 4:

_____

Claim 7:

Claim 9:

_____

Claim 11: _____

Claim 16: _____

Claim 21: _____

Claim 23: _____

Claim 25: _____

Claim 31: _____

Claim 32: _____

15

_____