DOW JONES REUTERS BUSINESS INTERACTIVE, LLC v. ABLAISE LTD. et al
Filing 21
" in the content will cause the content that follows to be in a new paragraph. Inserting "cH1>" and "" tags around some of the content will format that part of the content into a more prominent heading. 15. If an HTML document is viewed in a web browser like Internet Explorer or Firefox, then the tags don't appear. Instead, the browser applies the formatting that is specified by the tags, so that the user sees the document formatted in the way that the author intended. A more detailed example of certain HTML tags and the formatting they create is attached as Attachment A-3.
16. Such markup tags can be inserted into the document by hand, or they can be
. a
inserted automatically by software. Such markup tags can be inserted automatically by software when the web server is transmitting the web page, thereby allowing the formatting of the document to be customized depending on the situation.
17. The World Wide Web: The World Wide Web ("WWW") has two basic components:
The set of all publicly accessible computers on the Internet that serve web pages via HTTP ("web servers"), and the set of HTML pages that are served from those computers ("web pages"). Users of the WWW point their browsers at a particular
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web page on a particular web server, e.g. "httrr,:l/www.uscourts.gov/ adminoff.html". This creates an HTTP connection to that web server, which retrieves the specified web page to the user's browser, There, the HTML in the web page is parsed, and the browser uses the tags in the web page to format it for presentation to the user. Such a web page can also contain "links". When the user clicks on a link in the browser, the browser points itself at the new address specified by the link, which causes the browser to use HTTP to retrieve the linked web page, and so on. 18. The web server can serve the requested web page via one of two basic mechanisms: It can either have a previously-created HTML page ready and simply transmit that page, or it can use software to create an HTML page dynamically in response to the web browser's request, One early mechanism for such dynamic page generation was the Common Gateway Interface ("CGI"),which provided a standard for how such programs for dynamic web page generation should function. 19. In 1994 and 1995, this notion of using CGI to generate web pages on the fly was quite new. (http://www.w3.orcr/CGI1). I worked for ATGrT Bell Labs in 1995 and 1996, and our research group was experimenting with using CGI for creation of dynamic web pages at that time. In 1995, there were web sites that dynamically changed content, but such sites were still relatively rare. 20. In fact, the entire WWW was fairly new and quite small in 1995. A company called Netcraft has tracked WWW statistics since 1995. In August 1995, Netcraft recorded
. a mere 18,957 web sites on the M By November 2006, there were more than 100
million web sites on the WWW. (http://news.netcraft.coml archives/ 20061 11/ 01/ november-2 006-w eb-server-survey .html) .
TERMS FROM THE `737 PATENT
21. "Displayed at a browsing device" -- I agree with Ablaise that this term requires
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no construction. Web pages are displayed at browsing devices after they have been
served by a web server, and received and parsed by a browsing device. The display of web pages at browsing devices is not part of the process of serving of the pages.
22. "Storing executable functions" -- I understand that Ablaise's construction of this
term is: "Storing two or more functions, where a function is an identifiable unit of computer instructions". In my opinion, this is how one of ordinary skill in the art at the time of the invention would interpret this claim language. Functions can be identified by name, memory address, index, or other mechanism, depending on the circumstances. 23. "In response to identifying a request for specified content data and a user
identifier" -- I agree with Ablaise that this term requires no construction.
24. "Receiving formatting identifiers identifying the type of formatting
required" -- I agree with Ablaise that the term "Receiving"requires no construction
and does not limit origin. I understand that Ablaise's construction of the term "format identifier" is: "An identifier corresponding to a type of formatting specified by a user
from at least two types of formatting available to the user for specified content data."
In my opinion, this is how one of ordinary skill in the art at the time of the invention would interpret this claim language, Examples of "identifiers" include strings of characters, bits, names, tokens, and elements. The defining characteristic of an identifier is that it identifies something. 25. I agree with Ablaise that "formatting" means "layout or presentation of content". Accordingly, one of ordinary skill in the art at the time of the invention would understand that "type of formatting" simply refers to one kind of layout or presentation of content as opposed to another.
26. "Selecting a set of stored functions in dependence upon a received format
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identifier and said read user information" -- I understand that Ablaise's
construction of this term is: "Selecting one or more functions, where that set of functions is selected based upon a received format identifier and the read user information." In my opinion, this is how one of ordinary skill in the art at the time of the invention would interpret this claim language. 27. For example, in an embodiment in the written description, functions are selected
by the calling of the functions. (`737 Patent 13:48-56). Such calling of functions is
necessary for the computer to transfer control to the function so that the code in the function will be executed. This generally involves the passing of data into the function,
28. The term "set" is "a finite or infinite number of objects of any kind, of entities, or of
concepts that have a given property or properties in common." (IBM Dictionary of Comautinq (Tenth Edition) Def. 2). For example, a specific embodiment discussed in the written description of both patents makes clear that the set of functions might contain only one function. (`737 Patent 13:48-56, Fig. 9).
29. "Executing said set of functions to generate viewable data comprising said
selected content data and formatting data" -- I understand that Ablaise's
construction of "formatting data" is: "markup language, such as HTML tags." In my opinion, this is how one of ordinary skill in the art a t the time of the invention would interpret this claim language. For example, specific embodiments in both patents use
HTML tags as formatting data. (`737 Patent Fig. 8, 14). HTML tags control many
different aspects of formatting, including for example the bolding, underlining, alignment or other flow of content.
TERMS FROM THE `530PATENT
30. "Identifying request from browsing devices that define a request for
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specified viewable data, said request including formatting type identification data" -- I understand that Ablaise's construction of ``formatting type identification
data" is: "Data corresponding to a specified page format chosen from at least two page formats available to the requesting browsing device for specified viewable data". In my opinion, this is how one of ordinary skill in the art at the time of the invention would interpret this claim language.
31. "Maintaining a plurality of formatting types of data defining respectively
corresponding predetermined formats for portions of said viewable data" -- I
understand that Ablaise's construction of "maintaining a plurality of formatting types of data" is simply the storing of those types of data used for formatting, and therefore: "storing a set of markup tags, such as HTML tags". In my opinion, this is how one of ordinary skill in the art at the time of the invention would interpret this claim language. Such tags could be stored in any suitable location, including in a database, a file, in code, or in some other mechanism. Claim 1 later requires the selection of one set of tags or another: "selecting a specific one of said types of formatting data in response to
..." (`530Patent Claim 1).
3 2 . "Selecting a specific one of said types of formatting data in response to
said formatting type identification data" -33. I understand that Ablaise's construction of "types of formatting data" is simply
those types of data used for formatting, and therefore: "a set of markup tags, such as
HTML tags". In my opinion, this is how one of ordinary skill in the art at the time of
the invention would interpret this claim language. Claim 1 earlier requires the maintaining of such sets of tags: "maintaining a plurality of formatting types of data defining respectively corresponding predetermined formats for portions of said viewable data" (`530 Patent Claim 1).
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Signature:
{e& L/
x
On this 3" day of April, 2007, before me, the undersigned notary public, personally appeared Christian Hicks, proved to me through satisfactory evidence of identification, which were personal knowledge, to be the person who signed the preceding or attached documents in my presence, and who swore or affrmed to me that the contents of the ...... ... document are truthful and accurate to the best of his belief. .."...' , *.*.. .., ., .
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Attachment A-1
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EL ~ S I U M
D I G I T A L
telephone 6 17-62 1-3 100
Ten Canal Park, First Floor Cambridge, MA 02 I4 1 www.elys.com
. -
fax 617-621-31 13
Name: Education: Awards and Distinctions: Employment History:
Christian B. Hicks
Princeton University, A.B. Computer Science 1997 NTI, Data Forensics Training 2003
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8
e
Summa Cum Laude Sigma Xi 1997 Recipient of the Computer Science Senior Prize 1997 Present, Elysium Digital, L.L.C., President and Co-Founder 1996, AT&T Consumer Lab, Consultant 1995, AT&T Bell Labs, Summer Researcher Inventor of U.S. Patent 5,982,892, "System and method for remote authorization for unlocking electronic data." Inventor of U.S. Patent 6,567,793, "Remote authorization for unlocking electronic data system and method." Undergraduate Thesis: Predictive Computer Models for Time-Series Tracking Data Applied to Lemur catta Journal Article: Metamodeline; with Per1 and AMPL, C. Hicks and D. Pachamanova, Dr. Dobbs Journal, January 2005
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0 0
Publications:
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Attachment A-2
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Statement of prior testimony:
The following is listing of any other cases in which I have testified as an expert at trial or by deposition within the preceding four years:
I gave deposition testimony in the matter of TV Interactive Data Corp v. Microsoft Corporation in the United States District Court, Northern District of California, San Francisco Division. I also submitted expert reports in this case.
I gave deposition testimony in the matter of Hark Chan; Techsearch, LLC; and IP Innovation, LLC v. Intuit, Inc.; Symantec Corporation; and Electronic Arts, Inc. in the United States District Court, Northern District of California, San Francisco Division.
I gave deposition, hearing and trial testimony in the matter of StorageTek v. Custom Hardware Engineering and Consulting, Inc. in the United States District Court, District of Massachusetts. I also submitted affidavits and expert reports in this case.
I gave deposition testimony in the matter of Paul Cozza v. McAfee, Inc. in the United States District Court, District of Massachusetts, I also submitted expert reports in this case.
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Attachment A-3
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HOW HTML WORKS
HTML is a document markup language. Embedding HTML tags inside a document affects the formatting of the document when it is displayed on a proper device. The '530 and '737 patents provide a good example of HTML tags and the resulting formatted document. Figure 8 shows an example of a web page, including its HTML tags:
ASCII transmlsslon to 8 bmwssr
1 2
E
3
5. 8 7 8
9
Figure 7 is illustrative of the resulting formatted output when the HTML is displayed:
r
Home Shopper
W
700
f 602
701
' ,
L-
702
7 0 3 ,
--.+
-704
705
-706
Figure 7
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If we break down the HTML tags shown in Figure 8, we see that they begin with
HEAD and TITLE tags:
I1
1
cHEADz
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