Personalized User Model LLP v. Google Inc.

Filing 503

NOTICE of Local Rule 7.1.2(b) Notice of Supplemental Authority for Defendant Google Inc.'s Summary Judgment Briefs by Google Inc. (Attachments: # 1 Exhibit 1)(Moore, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,
Plaintiff,
v.
GOOGLE INC.,
Defendant.

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C.A. No. 09-525-LPS
JURY TRIAL DEMANDED

LOCAL RULE 7.1.2(b) NOTICE OF SUPPLEMENTAL AUTHORITY FOR
DEFENDANT GOOGLE INC.’S SUMMARY JUDGMENT BRIEFS
On February 14, 2012, after summary judgment briefing was complete, the PTO’s Central
Re-Examination Unit issued a Final Office Action and Right to Appeal Notice (RAN) in the ongoing
re-examination of U.S. Patent No. 6,981, 040 (“the '040 patent”), one of the two asserted patents in
this case. The RAN is attached hereto as Exhibit 1. See Local Rule 7.1.2(b) (permitting citation to
subsequent authorities after submission of reply briefs). This RAN maintained every existing
rejection of every asserted ‘040 claim. Every asserted claim still stands as rejected on four
independent grounds, in light of four primary prior art references, including the Refuah, Mladenic,
and Wasfi references cited in the parties’ summary judgment papers. With the issuance of this RAN,
every asserted claim from both asserted patents now stands as finally rejected by the Central ReExamination Unit, subject to Plaintiff PUM’s appeal to the Patent Trial and Appeal Board.
Certain of the findings in the RAN also contradict arguments made by PUM in opposing
Defendants’ summary judgment motions. Specifically, PUM argues that Refuah does not disclose a
learning machine (D.I. 455 at 3-5), does not analyze a “document” because it only analyzes websites
(id. at 6), and does not estimate a “probability” of document interestingness (id. at 5-6). Yet the
RAN found, as Google has shown, that Refuah does disclose a learning machine and parameters

thereof (RAN at 23), that Refuah’s analysis of websites qualifies as analyzing a “document” (id. at
24), and that Refuah’s grade of how well a site matches a user’s personality qualifies as a
“probability” under PUM’s interpretation of this term from this litigation. (Id. at 22-23.)
Further, contrary to PUM’s infringement argument that the claimed “probability” can be any
number and need not be between 0 and 1 (D.I. 460 at 9), the RAN found that a “probability” does
require a number between 0 and 1. (RAN at 32.)
POTTER ANDERSON & CORROON LLP
OF COUNSEL:
Charles K. Verhoeven
David A. Perlson
Joshua Lee Sohn
Antonio R. Sistos
Margaret Pirnir Kammerud
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
50 California St.
San Francisco, CA 94111
Tel.: [phone]
Andrea Pallios Roberts
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
555 Twin Dolphin Drive, Suite 560
Redwood Shores, CA 94065
Tel.: [phone]
Dated: February 19, 2013
1095096 / 34638

By: /s/ David E. Moore
Richard L. Horwitz (#2246)
David E. Moore (#3983)
Bindu A. Palapura (#5370)
Hercules Plaza, 6th Floor
1313 N. Market Street
Wilmington, DE 19801
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Google Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, David E. Moore, hereby certify that on February 19, 2013, the attached document was
electronically filed with the Clerk of the Court using CM/ECF which will send notification to the
registered attorney(s) of record that the document has been filed and is available for viewing and
downloading.
I further certify that on February 19, 2013, the attached document was Electronically
Mailed to the following person(s):
Karen Jacobs Louden
Jeremy A. Tigan
Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, 18th Fl.
Wilmington, DE 19899-1347
[e-mail]
[e-mail]

Marc S. Friedman
SNR Denton US LLP
1221 Avenue of the Americas
New York, NY 10020-1089
[e-mail]

Jennifer D. Bennett
Matthew P. Larson
SNR Denton US LLP
1530 Page Mill Road, Ste. 200
Palo Alto, CA 94304-1125
[e-mail]
[e-mail]

Mark C. Nelson
Robert Needham
SNR Denton US LLP
2000 McKinney, Suite 1900
Dallas, TX 75201
[e-mail]
[e-mail]

Christian E. Samay
SNR Denton US LLP
101 JFK Parkway
Short Hills, NJ 07078
[e-mail]
/s/ David E. Moore
Richard L. Horwitz
David E. Moore
Bindu A. Palapura
POTTER ANDERSON & CORROON LLP
[phone]
[e-mail]
[e-mail]
[e-mail]
932168 / 34638