Leader Technologies Inc. v. Facebook Inc.

Filing 654

DECLARATION re 652 Answering Brief in Opposition, DECLARATION OF YURIDIA CAIRE IN SUPPORT OF PLAINTIFF LEADER TECHNOLOGIES, INC.'S OPPOSITION TO DEFENDANT FACEBOOK, INC.'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY OF CLAIMS 1, 4, 7, 21, 23, 25, 31 AND 32 OF U.S. PATENT NO. 7,139,761 by Leader Technologies Inc.(a Delaware corporation). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rovner, Philip)

EXHIBIT E

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LEADER TECHNOLOGIES, INC.,
a Delaware corporation,
Plaintiff,-Counterdefendant,
v.
FACEBOOK, INC.,
a Delaware corporation,
Defendant-Counterclaimant

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Civil Action No. 1:08-cv-08-862-JJF
DISCLOSURE OF EXPERT
TESTIMONY FOR GIOVANNI
VIGNA, PH.D. PURSUANT TO
FED. R. CIV. P. 26(A)(2)

HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SOURCE CODE
Plaintiff Leader Technologies, Inc. (“Leader”) submits the following disclosure of expert
testimony for Giovanni Vigna, Ph.D. pursuant to Federal Rules of Civil Procedure 26(a)(2). This
expert is engaged in ongoing refinement of his opinions and expected testimony, and Leader
specifically reserves the right to modify or supplement the information contained in this
disclosure pursuant to the Federal Rules of Civil Procedure.

HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SOURCE CODE
18.

For the purposes of this report, I considered a person of skill in the art to be

someone with a bachelor’s degree or higher in computer science and/or several years of
experience in the computer industry.
19.

I understand that a product may infringe a claim directly or indirectly. Direct

infringement requires a party to make, use, sell, or offer to sell a product that contains each and
every element of a claimed system or performs all of the steps of a claimed method. When a
party participates in or encourages infringement but does not directly infringe a patent, indirect
infringement can be found. Indirect infringement requires, as a predicate, a finding that some
party amongst the accused actors has directly infringed the patent.
20.

I understand that claims may be either independent or dependent. A dependent

claim is infringed if a product meets all of the recited claim elements of the independent claim
that the dependent claim depends from, as well as the additional claim elements recited in the
dependent claim.
GENERAL SUMMARY OF THE TECHNOLOGY OF THE ‘761 PATENT
21.

The ‘761 Patent discloses an online collaboration tool. An online collaboration

tool is a mechanism that allows users to participate in a shared “world,” where their data and
their actions are visible to other users, who might take actions based on the change in status of
other users, the way data is accessed, or information about the users and their data. The tool
disclosed in the ‘761 patent defines different contexts and workspaces where users can generate
or consume content and perform actions. The system tracks the movement of users from one
context or workspace to another and updates the information about their status, action, and
access to data. The online collaboration tool disclosed in the ‘761 Patent is extremely effective at
allowing users to share data with each other because, instead of simply allowing shared access to
the data, it stores a variety of information in metadata relating to a user and the data he creates,
including information relating to the user’s content and actions. The information collected and
stored in metadata allows content to be effectively shared among its users and allows users to
keep track of others users who are also using the tool.
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HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SOURCE CODE
GENERAL SUMMARY OF THE TECHNOLOGY OF THE FACEBOOK WEBSITE
22.

The Facebook website is an online collaboration tool. It is also extremely

effective at allowing users to share data with each other because it uses the same technology
disclosed in the ‘761 Patent. Specifically, the Facebook website stores a variety of information
in metadata relating to a user and the data he creates, including information relating to the user’s
content and actions. The information collected and stored in metadata by Facebook allows
content to be effectively shared among its users and allows users to keep track of others users
who are also using the tool.
FACEBOOK’S INFRINGEMENT OF THE ‘761 PATENT
23.

In my opinion, Facebook infringes Claims 1, 4, 7, 9, 11, 16, 21, 23, 25, 31 and 32

of the ‘761 Patent (“the asserted claims”). It is my opinion that Facebook literally infringes the
asserted claims directly. At the very least, Facebook directly infringes the asserted claims under
the doctrine of equivalence. In addition, it is my opinion that Facebook literally infringes the
asserted method Claims 9, 11 and 16 indirectly. At the very least, Facebook indirectly infringes
the asserted method Claims 9, 11 and 16 under the doctrine of equivalence.
24.

Based on the material and deposition testimony, all of the Facebook servers are

located in the United States and have been since at least November 21, 2006. Furthermore, all
development and testing of the Facebook website is done in the United States and has been since
at least November 21, 2006.
25.

As described in detail below, the underlying architecture of the Facebook website

infringes the asserted claims. For example, the vast majority of the Facebook applications
dynamically captures context information and stores the information in metadata. Moreover, the
vast majority of the user’s actions while using the applications is also captured in metadata and
used to generate stories on either the user’s Wall, News Feed, or both. Thus, my description of
the use cases below is not intended to be limiting, but rather an example of the multiple ways in
which the Facebook website is based on an infringing architecture.

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