Red Bend Software, Inc. et al v. Google

Filing 94

DECLARATION re 93 Brief by Susan Baker Manning by Google Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Magee, David) (Attachment 5 replaced on 7/15/2010) (York, Steve). (Attachment 6 replaced on 7/15/2010) (York, Steve).

Red Bend Software, Inc. et al v. Google

Doc. 94 Att. 1

EXHIBIT A

Dockets.Justia.com

Red Bend Ltd. v. Google Inc. Case No. 09-11813 (D. Mass.)

Claim Construction Comparison
(Includes both disputed and stipulated terms) Claims 1 8, 12, 21, 25, 42, 46, 55, 59 Claim term Compact difference result Red Bend's Claim Construction A difference result of a smaller size as compared to a conventional difference result (obtained by using techniques in existence prior to the invention of the patent-in-suit) in which the need to reflect changes to references due to delete/insert modifications is reduced or eliminated. A table of entries, each of which may have A table of entries, where an entry is an a different size. An executable program is addressable unit within the data table. Each one example of a data table. It cannot be entry may have a different size. An source or other symbolic code. executable program is one example of a data table. Data representative of the difference between an old program (or data table) and a new program (or data table) used to carry out an update of the old program. A program comprising machine language instructions and corresponding bytes of data used by the program that are ready to be run on a computer, excluding source or other symbolic code. A program comprising machine language instructions and corresponding bytes of data used by the program that are ready to be run on a computer. Google's Claim Construction A difference result in which references that have changed due to delete/insert modifications do not appear.

2

42, 46, 55, 59

Data table

3*

4

8, 12, 21, 25, 42, 46, 55, 59 8, 12, 21, 25

Difference result

Executable program

*

Stipulated construction

A/73381272.2

1

Claims 5 8, 12, 21, 25, 42, 46, 55, 59 8, 12, 21, 25 8, 12, 21, 25 42, 46, 55, 59 42, 46, 55, 59 7* 8* 9* 42, 46, 55, 59 8, 12, 21, 25 8, 12, 21, 25, 42, 46, 55, 59 8, 12, 21, 25, 42, 46, 55, 59

Claim term Invariant references

6

Modified old program Modified new program Modified new data table Modified old data table Old data table Old executable program Reference

An interim result, such as tables or data structures, related to the old data table. An interim result, such as tables or data structures, related to the old executable program. An interim result, such as tables or data structures, related to the new data table. An interim result, such as tables or data structures, related to the new executable program. A data table (or portion of a data table) that is to be updated. An executable program (or portion of an executable program) that is to be updated. Synonymous with "said old program." A part of the data appearing in an entry in the data table which is used to refer to some other entry from the same data table. A reference can be either an address or a number used to compute an address. Entries that include references. For this purpose, "entries" are addressable units of a data table or program. As an example, a reference entry could be an individual machine instruction (such as an individual jump instruction) specifying a target address.

Google's Claim Construction Values made the same in the modified old and new programs (or data tables) for corresponding reference entries so that the reference addresses are excluded from the difference result. A version of the actual program or data table in its original executable form, with certain portions replaced.

Red Bend's Claim Construction Values made the same in the modified old and new programs (or data tables).

10*

Reference entries

A/73381272.2

2