Function Media, L.L.C. v. Google, Inc. et al

Filing 73

NOTICE by Function Media, L.L.C. Joint P.R. 4-3 Statement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tribble, Max)

EXHIBIT B PARTIES' PROPOSED CONSTRUCTIONS & SUPPORT

0

A.

U . S . Patent 6 , 4 4 6 , 0 4 5 ( T h e ` 0 4 5 Patent)

* Designates a non-MPF term ident ified by the Plaintiff.

1.

means for applying corresponding guidelines of the media venues

1

Agreed Function: applying corresponding guidelines o f t he media venues Structure: computer software executable on a processor capable o f (1) ident ifying one or more selected media venues for publicat io n; (2) accessing data represent ing each identified media venue's guidelines; (3) accessing data representing seller information; and (4) executing a systemat ic sequence o f mathematical and/or logical operations upon the accessed seller informat io n to create a presentation customized for each ident ified media venue in a form t hat co mplies wit h t he accessed guidelines of t hat media venue, or equivalents (Presentation Generat ion Program 1710, Blocks (blocks 11230, 11232, 11290, 11292, 11294, 11300, 11312, 11320, Figs. 4d, 4e) Support: See, e.g., `045 Patent, 17:1 - 18: 8; 18:63 - 19:65; 41:43 - 43:52; Figs. 4b4e. 1

Google & Yahoo : This claim is indefinit e because it lacks sufficie nt st ruct ure in t he written descript io n. Biomedino LLC v. Waters Technology Corp., 490 F3.d 946, 952 (Fed. Cir. 2007). Google & Yahoo : Structure: a seller interface including a central processor, operating system, ROM, RAM, clock, communication port, video driver, video monitor, input devices (e.g., standard keyboard, mouse, or other replacement items), modem, network interface, data storage device, a presentation database including information related to the seller's choice of media or venues as well as the presentation of their products, goods, or services; a seller database; a presentation rules database including information from the internet media venue to control and limit the style and editing of the presentations; and a Presentation & Configuration Program (which lacks any structural description).

Support: See, e.g., '045 Patent, 25:6226:27:2; FIGS. 2a-2e; see also 17:2538; 18:63-19:10; 27:55-28:9; 40:1641:65; 54:60-56:17; 57:36-43; 57:5157; FIGS. 2a-2e, 4a-4h; `059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 18-19; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; `045 Patent's File History, Amendment and Response, Paper 4, January 22, 2002, at pp. 5-11; see generally '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); Id. at 8, n.5; Id. at 10 (citing `045 Patent at 58:2-5; 3:23-25).

2.

means for transmitting said presentations to a selected media venue of the media venues

1

Agreed Function: transmitting said presentations to a selected media venue of the media venues. Structure: computer software executable on a processor capable of init iat ing a data transmission to a specified electronic dest inat io n, or equivalents (Presentation Generation Program 1710, 2

Google & Yahoo: This claim is indefinite because it lacks sufficient structure in t he written descript io n. Biomedino LLC v. Waters Technology Corp., 490 F3.d 946, 952 (Fed. Cir. 2007). Structure: On-demand, direct dial-up phone lines, network, or Internet connection between Seller Interface,

Block 11390, Fig. 4g) Support: See, e.g. `045 Patent, 45:515, Fig. 4g and Fig. 4h.

Media Interface, and Central Controller and Presentation Processor; standard Internet connections between Buyer Interface and Central Presentatio n and Selection Server; and a high-speed network or Internet connection between Central Controller and Presentation Processor and Central Presentation and Selection Server. Connections between components my be accomplished by any combination of public switched phone network, cellular, Personal Communication System, dedicated data lines, microwave, private network, shared data network, or satellite network. Support: See, e.g., '045 Patent, 13:5514:30; 41:58-42:14; see also 3:28-35; 4:47-5:23; 11:20-27; 19:31-65; 34:2235-32; 43:28-44:16; 45:6-13; 51:1-23; 54:29-56:17; 57:36-43; 58:34-44; FIGS 4a-h; `059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 16-17, 21.

3

3.

means for a seller to select the media venues

1

Agreed Function: enabling a seller to select the media venues. Structure: computer software executable on a processor capable o f present ing electronic forms allowing the selection of media venues, or equivalents (Presentatio n & Configuration Program 4715, Block 11130, Fig. 4a ) Support: See, e.g., '045 Patent 27:55 28:9; 40:65 - 41:42; FIG.4a.

Google & Yahoo: This claim is indefinite because it lacks sufficient structure in the written descript io n. Biomedino LLC v. Waters Technology Corp., 490 F3.d 946, 952 (Fed. Cir. 2007). Google & Yahoo: Structure: a seller interface including a central processor, operating system, ROM, RAM, clock, communication port, video driver, video monitor, input devices (e.g., standard keyboard, mouse, or other replacement items), modem, network interface, data storage device, and further including a Presentation & Configuration Program (which lacks any structural description).. Support: See, e.g., '045 Patent 24:2625:23; FIGS. 1a, 1b, 2c; see also 3:1335; 24:26-25:23; 27:55-28:9; 40:6541:21; 54:60-55:22; FIGS. 4a-h; '045 Re-exam, see generally '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); Id. at 28.

4

4.

means for the seller to input information; [whereby the seller may select one or more of the media venues, create a presentation that complies with said guidelines of the media venues selected, and transmit the presentation to the selected media venues for publication** *] *** Defendants ask the Court to construe the bracketed phrase with the non-

1

Funct io n: enabling a seller to input information Structure: computer so ft ware executable on a processor capable o f present ing electronic forms allowing the seller to input informat ion, or equivalents (Presentation & Configurat ion Program 4715, Block 11140, Fig. 4a) Support: See, e.g., '045 Patent, 27:55 - 28:9; 54:60 - 56:17; FIG. 4a.

Google & Yahoo: This claim is indefinite because it lacks sufficient structure in t he written descript io n. Biomedino LLC v. Waters Technology Corp., 490 F3.d 946, 952 (Fed. Cir. 2007). Google & Yahoo: Funct io n: enabling the seller to input informat io n to select one or more media venues, create a presentation that complies with said media guidelines of t he selected media venues, and transmit the presentation to the selected media venues for publication. Structure: a seller interface including a central processor, operating system, ROM, RAM, clock, communication port, video driver, video monitor, input devices (e.g., standard keyboard, mouse, or other replacement items), modem, network interface, data storage device, and a Presentation & Configuration Program (which lacks any structural description). Support: See, e.g., '045 Patent, 24:2625:23; 25:62-26:13; 26:14-47; 26:4827:2; 41:66-42:14; FIGS. 1a, 1b, 2a-2e; see also 5:27-30; 12:63-13:3; 14:24-30; 17:25-38; 18:63-19:10; 27:48-28:40;

5

bracketed phrase, whereas Plaintiff contends that the whereby clause modifies more than just the non-bracketed phrase. 4a whereby the seller may select one or more of the media venues, create a presentation that complies wit h said guidelines o f the media venues selected, and transmit the presentation to the selected media venues for publication whereby the seller may select one or more of the supported media venues, input information fo r use by the computer programming in creat ing customized advertisements in accordance with t he controls set by each media venue, and transmit each customized presentation to each respect ive media venue for publicat io n Support: See, e.g., 045 Patent, 17:1 8: 8; 18:63 - 19:65; 27:55 - 28:9; 41:43 - 43:52; 54:60 - 56:17 Figs. 4d, 4e.

32:58-33:63; 40:17-64; 57:36-43; FIGS. 4a-h; '045 Patent's File History, Reexam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 10 (citing `045 Patent at 58:2-5; 3:23-25).

See row above. Defendants ask the Court to construe this phrase with the phrase above.

6

5.

means for said media venues to input said guidelines and information

5

Agreed Function: enabling the media venues to input said guidelines and informat io n. Structure: computer software executable on a processor capable o f present ing electronic forms allowing the media venue to input guidelines and informat io n fo r that media venue, or equivalents (Media Configurat ion Program 6717, Fig. 2e) Support: See, e.g., '045 Patent, 33:45 57; 53:54 - 54:59; FIG. 2e.

Google & Yahoo: Structure: a media interface including a central processor, operating system, ROM, RAM, clock communication ports, video driver, video monitor, input devices (e.g., standard keyboard, mouse, or other replacement items), modem, network interface, and data storage device. Support: See, e.g., '045 Patent, 30:6031:17; FIGS. 1a, 1b, 2e; see also 12:6313:3; 53:53-54:17.

7

6.

create a presentation that complies with said guidelines of the media venues selected

1

produce a presentation customized to each of the selected media venue's presentation ru les Support: See, e.g., '045 Patent, 1:1 - 23; 4:60 - 5:24; 5:52-61.

Google & Yahoo: create a presentation that complies with t he guidelines o f all the selected media venues. Support: See, e.g., '045 Patent, 17:2538; 18:63-19:23; 27:55-28:9; 40:6541:42; 54:60-56:7; 57:36-43; 57:51-57; `059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 18-19; 587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; see generally, '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); Id. at 10 (citing `045 Patent at 58:2-5; 3:23-25). Google: This claim is indefinite because to "use a network of computers to contract for, facilit ate, and control, the creating and publishing o f presentations, by a seller" is to exercise control over the internet media venue, and thus it conflicts with the requirement that the internet media venue is "controlled by other than the seller" (Also, the terms "network of co mputers," "presentations," and "contract for" were expressly defined.) Yahoo: A method of using the sellers' computers, the media venues' computers,

7.

A method of using a network of computers to contract for, facilitate a n d control the creating and publishing of presentations, by a seller, to a plurality of media venues owned or controlled by other than seller,

1

A method of using a computer network that facilitates and controls the creation and publicat io n of presentations, by a seller, to multiple media venues owned or controlled by other than seller, that includes Support: See, e.g., '045 Patent, 1:1-23; 4:60 - 5:24; 5:52-61.

8

comprising

and the Resident Media computers, that may communicate either continuously or on-demand for the purpose of sharing processing, transferring information and data to contract for, facilitate, and control the creating and publishing of presentations, by a seller, to a plurality of media venues owned or controlled by other than the seller, comprising Support: See, e.g., '045 Patent, 5:27-31; 12:63-13:3; 13:37-14:30; 17:67-18:8; 18:63-19:23; 24:26-25:11; 30: 60-31:53; 40: 16-45:13; 53:1-57:7; 57:39-43; FIGS. 1a, 1b, 2a-e.

8.

media venue

`045, claim 1; `025, claims 1 and 179; `059, claims 1 and 27

t hose phys ical or virtual locations (e.g. web servers, domain names, internet addresses, websites) where presentations are placed or made available to present the information wit hin the framework of the media so that it is accessible by the end users, consumers, viewers, or buyers. Support: See, e.g., '025 Patent, 3:62 ­ 4:20; 10:50-67; 51:62 - 52:17; 58:5167.

Google & Yahoo: those phys ical or virtual locations ( i.e., addresses) where presentations are placed or made available to present the information wit hin the framework of the media so that it is accessible by the end users, consumers, viewers, or buyers. Support: See, e.g., '045 Patent, 3:13-22; 3:58-4:1; 10:30-45; 51:1-10; 57:57-67.

9

B.

U.S. Patent 7,240,025 (The `025 Patent) & U.S. Patent 7,249,059 (The `059 Patent)

*1.

create an electronic advertisement [for the seller, `059] for publication to the selected internet media venues

`025 Patent, claims 1, 179 `059 Patent, claims 1, 27

produce an electronic advertisement in a form customized to each of the selected internet media venue's presentation rules Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 -20:49; 23:4-39; 43:31- 46:6; 51:62 52:17. Support:. See e.g. `059 Patent, Abstract; 3:65 - 4:19; 5:15-40; 6:55-67; 7:25-42; 8:14-25; 24:44 25:50; 55:6 -56:21; 64:6-20.

Google & Yahoo: create an advertisement for placement at all the internet media venue locat io ns selected by the [seller/third party professional] for public display. Support: See, e.g., '025 Patent, Abstract; 3:19-40; 18:8-28; 19:46-20:6; 28:42-63; 41:60-42:37; 44:36-45; 55:6057:15; 58:36-43; 58:51-57; FIGS. 4a-h. See, e.g., `059 Patent, Abstract, 4:305:3; 45:19-35; 70:25-71:3. See, e.g., 059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 18-19; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; '059 Re-exam, FM Response to 1st OA at 7; see generally, '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); Id. at 10 (citing `045 Patent at 58:2-5; 3:23-25); see generally, `059 Patent's File History, Re-exam Control No. 95/001,069 (attempting to distinguish prior art). Google: the term "publishing" is expressly defined as "the act of placing or making available the presentation or information

2.

`025 Patent, A co mputer system fo r creating claims 1, 179 and publishing

A co mputer system that produces for a seller and transmits for display on int ernet media venues not owned or 10

customized electronic advertisements, for a seller, to internet media venues owned or controlled by other than the seller, comprising: A method of using a computer system for creating and publishing customized electronic advert isements, for a seller, to internet media venues owned or controlled by other than the seller, comprising 3. A co mputer system allowing a third party professional to manage, create and publish customized `059 Patent, claims 1, 27

controlled by the seller, electronic advertisements in a form customized to the presentation rules of each o f t he internet media venues, that includes A method of using a computer system t hat produces for a seller and transmits for display on internet media venues not owned or controlled by t he seller electronic advertisements in a form customized to the presentation rules of each o f t he internet media venues, that includes Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 -20:49; 23:4-39; 43:31- 46:6; 51:62 52:17. Support:. See e.g. `059 Patent, Abstract; 3:65 - 4:19; 5:15-40; 6:55-67; 7:25-42; 8:14-25; 24:44 25:50; 55:6 -57:51; 64:6-20. A computer system that allows a third party professional to manage, create and publish customized electronic advert isements, for a seller, to internet media venues owned or controlled by other t han the seller and other than the third part y pro fessio nal, comprising 11

within the framework of media venue so that it is accessible by the end users, consumers, viewers, or Buyers." By this definit io n, the act of publishing or the system that publishes is exercising control over the locations where presentat ions are made. As asserted against Defendants, this term is indefinite because the seller is controlling the creating and publishing to the Internet media venues, which must be owned or controlled by so meo ne other than the seller. Claim 1 and its dependent claims are also indefinite because they mix different statutory classes of invent ions by claiming a system and a user using the system. IPXL Holdings, L.L.C. v. Amazon.com LLC, 430 F.3d 1337, 1384 (Fed. Cir. 2005).

Google: These claims are indefinite because to "manage, create and publish customized electronic advertisements ... to internet media venues" is to exercise control over the internet media venue, and thus it conflicts wit h the requirement that the internet media venue is "controlled by

electronic advertisements, for a seller, to internet media venues owned or controlled by other than the seller and other than the third party professional, comprising 4. A method of using `059 Patent, a computer system claim 1 allowing a third party professional to manage, create and publish customized electronic advertisements, for a seller, to internet media venues owned or controlled by other than the seller and other than the third party professional, comprising

Support:. See e.g. `059 Patent, Abstract; 3:61 - 4:19; 4:30-6:19; 6:55-8:3; 22:27 - 25:50; 55:6 - 57:51; 64:6-20.

other than the seller and other than the third party professional." Claim 1 and its dependent claims are also indefinite because it mixes different statutory classes of inventions by claiming a system and a user using the system. IPXL Holdings, L.L.C. v. Amazon.com LLC, 430 F.3d 1337, 1384 (Fed. Cir. 2005).

A method of using a computer system t hat allows a third part y pro fessiona l to manage, create and publish customized electronic advertisements, for a seller, to internet media venues owned or controlled by other than the seller and other than the third party pro fessio na l, co mprising Support:. See e.g. `059 Patent, Abstract; 3:61 - 4:19; 4:30-6:19; 6:558:3; 22:27 - 25:50; 55:6 - 57:51; 64:620.

Google: These claims are indefinite because to "manage, create and publish customized electronic advertise ments... to internet media venues" is to exercise control over the internet media venue, and thus it conflicts wit h the requirement that the internet media venue is "controlled by other than the seller and other than the third part y pro fessiona l." Claim 1 and its dependent claims are also indefinite because it mixes different statutory classes of invent io ns by claiming a system and a user using the system. IPXL Holdings, L.L.C. v. Amazon.com LLC, 430 F.3d 1337, 1384 (Fed. Cir. 2005)

12

5.

internet media venues

`025, claims 1 and 179; `059, claims 1 and 27

internet locations (e.g. web servers, domain names, internet addresses, websites) where presentations are placed or made available to present the information within the framework of the media so that it is accessible by the end users, consumers, viewers, or Buyers. Support: See, e.g., `025 Patent, 3:62 - 4:20; 10:50-67; 51:62 - 52:17; 58:51-67.

internet locations (i.e., addresses) where presentations are placed or made available to present the information within the framework of the media so that it is accessible by the end users, consumers, viewers, or Buyers Support: See, e.g., '025 Patent, 3:1928; 3:62-4:5; 10:50-67; 51:62-52:4; 58:57-67. Google & Yahoo: software and hardware at the [IMV/seller] location t hat the [IMV/seller] uses directly wit hout the aid of anyo ne else. Support: See, e.g., '025 Patent, 6:3-11; 25:12 ­ 31:2; 31:48 ­ 35:11; 54:63-67; 55:63-67; FIGS. 2c, 2e, 4a; '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 2-3 (citing `045 Patent at 5:35-41). Google & Yahoo: software and hardware at the internet media venue location t hat enables an agent of the internet media venue to interact wit h t he co mputer system. Support: See, e.g., '025 Patent, 13:4047; 31:48 ­ 35:11; 54:63-67; Fig. 2e.

6.

self-serve interface

`025 Patent, claims 6, 185

interface t hat the [internet media venue user/seller] uses wit hout requiring the aid of anyo ne else Support: See e.g., `025 Patent, 41:10 42:60; D066739-40

7.

first interface to the computer system

`025 Patent, claims 1, 179

software that enables the internet media venue user to interact wit h t he computer system. Support:. See e.g. `025 Patent, 34:2947; 54:53 - 55:58. 13

Support:. See e.g. `059 Patent, 41:2240; 31:54-57; 74:30-75:33. See also, e.g, IEEE-STD 100 (1996), page 541, interface, definition 9(B) "a hardware or software component that connects two or more components for the purpose of passing information from one to the other" 8. each of the internet media venues is prompted to input presentation rules `025 Patent, claim 1; each internet media venue user is prompted to input presentation rules Google & Yahoo: every one of the internet media venues is prompted to input presentation rules. Support: See, e.g., '025 Patent, 34:3547; 54:53 ­ 55:58; 59:1-8. Extrinsic Support: See, "each" at YHFM04853647 ­ "every one of two or more considered individually or one by one" 9. prompting each of the internet media venues... to input presentation rules `059 Patent, claim 27 each internet media venue is prompted to input its presentation rules Support:. See e.g. `059 Patent, 41:22-40; 74:30-75:33. Google & Yahoo: every one of the internet media venues is asked to input presentation rules. Support: See, e.g., '025 Patent, 34:3547; 54:53 ­ 55:58; 59:1-8. Extrinsic Support: See, "each" at YHFM04853647 ­ "every one of two or more considered individually or one by 14

`059 Patent, Support:. See e.g. `025 Patent, 34:35-47; claim 1 54:53 - 55:58.

one" 10. select ion information input by the seller `025 Patent, claims 20, 199 informat io n input into the computer system by t he seller that is used to select Support:. See e.g. `025 Patent, 8:51-54; 41:39-42:48. Yahoo: information input by t he seller to enable the seller to select one or more internet media venues. Support: See, e.g., '025 Patent, 3:1940; 19:41-20:6; 28:42-63; 41:6042:60; 55:60-56:29; `025 Patent, claims 20-26, 29-30 (and method claim equivalents); Fig. 4a (11130); '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 28. Google & Yahoo: rules that control and limit the st yle and edit ing of the presentations created by the syst em. Support: See, e.g., '025 Patent, 3:19-40; 19:41-20:6; 28:42-63; 41:60-42:60; 55:60-56:29; `025 Patent, claims 20-26, 29-30 (and method claim equivalents); Fig. 4a (11130); '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 28. Google & Yahoo: this term is indefinite because it is unclear what the term means or does not mean. Support: See, e.g., '025 Patent, 9:22-26; 55:4-17; `587 Patent's File History,

11.

presentation rules

`025 Patent, claims 1, 179 `059 Patent, claims 1, 27

controls to be set by a media venue for use by the co mputer system programming in creating advertisements for publishing on that media venue Support:. See e.g. `025 Patent, 18:29-58; 19:45-55; 54:53-55:16. Support:. See e.g. `059 Patent, 23:534;24:44-54; 74:30-75:32.

12.

design or style standards

`025 Patent, claims 7,62, 63, 226, 241, 242

presentation rules which control t he look and feel o f an advertisement Support: defined in claim itself Support:. See e.g. `025 Patent, 9:22-26. 15

Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19. 13. control look and feel of the advertisement `025 Patent, control t he appearance o f an advertisement claims 47, 62, 63, 226, Support:. See e.g. `025 Patent, 5:10-27; 241, 242 9:22-26. Google & Yahoo: this term is indefinite because it is unclear what the term means or does not mean. Support: See, e.g., '025 Patent, 9:22-26; 55:4-17; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19. 14. computer program design filt er `025 Patent, claims 47, 62, 63 software that processes design or style standards Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:10 ­ 44:45; 51:62 52:17. Google & Yahoo: this term is indefinite because it has no ordinary meaning nor support in the written description. Support: See, e.g., '025 Patent, 5:4-9; 19:46-20:14; 28:42-63; 41:60-42:60; 43:31-44:19; 51:6252:17. Google & Yahoo: these terms are indefinite at least because of the mult iple, cascading "or" in the claims themselves, and part icularly because the "informat ion" must be input by the seller "or" the [text] advertisement. Support: See, e.g., '025 Patent, 5:4-9; 5:28-34; 19:46-20:14; 28:42-63; 41:6042:60; 43:31-44:19; 51:62-52:17; 58:3542; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; see

15.

automat ically applying or compare/ing the internet media venue design or style standards to the informat ion input by the seller or the advertisement

`025 Patent, claims 47, 62, 63, 226, 241, 242, 269, 270

execute/ing a systemat ic sequence of mathemat ical and/or logical operations to apply or compare the internet media venue's design or style standards to the information input by t he seller or to the advertisement Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:10 ­ 44:45; 51:62 52:17.

16

generally, '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); see generally, `059 Patent's File History, Re-exam Control No. 95/001,069 (attempting to distinguish prior art). 16. automat ically apply/ing or compare/ing the internet media venue distribution factors to the information input by the seller or the advertisement `025 Patent, claims 79, 90, 91, 258, 269, 270 execute/ing a systemat ic sequence of mathemat ical and/or logical operations to apply or compare the internet media venue's distribut io n factors to the informat ion input by t he seller or to the advertisement Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:10 ­ 44:45; 51:62 52:17. Google & Yahoo: these terms are indefinite at least because of the mult iple, cascading "or" in the claims themselves, and part icularly because the "informat ion" must be input by the seller "or" the [text]advertisement. Support: See, e.g., '025 Patent, 5:4-9; 5:28-34; 19:46-20:14; 28:42-63; 41:6042:60; 43:31-44:19; 51:62-52:17; 58:3542; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; see generally, '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); see generally, `059 Patent's File History, Re-exam Control No. 95/001,069 (attempting to distinguish prior art). Google & Yahoo: these terms are indefinite at least because of the mult iple, cascading "or" in the claims themselves, and part icularly because the

17.

automat ically...applyin g or comparing the internet media venue presentation rules to the

`025 Patent, claim 319

execute a systemat ic sequence of mat hemat ica l and/or lo g ical operations to apply or compare the internet media venue's presentation rules to the information input by 17

informat ion input by the seller or the advertisement

the seller or the advertisement Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:10 ­ 44:45; 51:62 52:17.

"informat ion" must be input by the seller "or" the [text]advertisement. Support: See, e.g., '025 Patent, 5:4-9; 5:28-34; 19:46-20:14; 28:42-63; 41:6042:60; 43:31-44:19; 51:62-52:17; 58:3542; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; see generally, '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); see generally, `059 Patent's File History, Re-exam Control No. 95/001,069 (attempting to distinguish prior art). Google & Yahoo: information about where the internet media venue will make the advert isement available, such as billboards, skywr iters, bus benches, radio, interact ive kiosk, and any other form of customer Support: See, e.g., '025 Patent, 3:19-43; 51:62-52:20; 55:60-56:21; 58:51-59:8.

18.

distribut ion factors

`025 Patent, claims 79, 90, 91, 258, 269, 270

rules concerning whether advertising content may be published on a particular media venue Support: See e.g. `025 Patent, 18:29-58. See also examples in dependent claims.

19.

computer program distribution filt er

`025 Patent, claims 79, 90, 91

software that processes distribution factors Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:10 ­ 44:45; 51:62 52:17. 18

Google & Yahoo: this term is indefinite because it has no ordinary meaning nor support in the written description. Support: See, e.g., '025 Patent, 3:19-43; 51:62-52:20; 55:60-56:21; 58:51-59:8.

20.

blocked URLs

`025 Patent, claim 81

internet locations that are precluded fro m displaying a presentation Support: See e.g. `025 Patent, 18:29-58. WEBSTER'S NEW WORLD DICTIONARY OF COMPUTER TERMS 7TH ED. (1999) P. 544, definition of "URL"; "Acronym for Uniform Resource Locator. In the World Wide Web, one of two basic kinds of Universal Resource Identifiers (URI), a string of characters that precisely identifies an Internet resource's type and location."

Google & Yahoo: this term is indefinite because it unclear what it means in view of the written description. Support: See, e.g., '025 Patent, 18:2950; 27:35-56; 33:48-34:3.

21.

a second interface to the computer system through which a seller is prompted to input information to select one or mo re of the internet media venues

`025 Patent, claims 1, 179

software that enables the seller user to interact wit h t he computer system through which the seller user is prompted to enter information to select one or more internet media venues Support: See e.g. `025 Patent, 28:35 ­ 63; 41:10-42:48; 55:60-57:15.

Google & Yahoo: software and hardware at the seller location in co mmunicat io n with t he computer system through which the seller is prompted to enter information to enable the seller to select one or more internet media venues. Support: See, e.g., '025 Patent, 3:1940;5:31-34; 13:40-47; 15:3-9; 18:8-28; 18:50-58; 19:55-60; 25:12-40; 28:3529:27; 41:10-42:16; 55:60-56:22; 58:36-43; FIGS. 1a, 1b, 2c; 4a-h; claims 1, 20-30 of the `025 Patent (see also method equivalent claims 179397); '045 Patent's File History, Reexam Control No. 95/001,061, Response to Office Action (Dec. 23,

19

2008) at 28. 22. third party professional is prompted to input information to select one or more the internet media venues `059 Patent, claim 1 third-part y pro fessiona l is prompted to input information used to select one or more internet media venues Support: See e.g. `059 Patent, 45:19-35; 69:22-71:3; 75:34 - 77:3. Google: The third party professio nal is prompted to enter information to enable the third part y pro fessio na l to select one or more internet media venues Support: Abstract; 4:30-5:3; 45:19-35; 70:25-71:3; `059 Re-exam, FM Response to 1st OA at 12­13, 15; '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 28. `059 Patent, claim 27 prompt ing the third-part y pro fessiona l to input information used to select one or more internet media venues Support: See e.g. `059 Patent, 45:19-35; 69:22 - 71:3; 75:34 - 77:3. Google: The third party pro fessio na l is prompted to enter information to enable the third part y pro fessio na l to select one or more internet media venues Support: Abstract; 4:30-5:3; 45:19-35; 70:25-71:3; '059 Re-exam, FM Response to 1st OA at 12­13, 15; '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 28. `025 Patent, claim 148 software that displays an electronic advert isement Support: claims 143 and 144 themselves. Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 -20:49; 23:4-39; 20 Google: this term is indefinite because it has no ordinary meaning and no support in the writt en description. Yahoo: advertising software at the internet media venue location

23.

prompting the third party professional...to input information to select one or mo re of the internet media venues

24.

advert isement generation program

43:31- 46:6; 51:62 - 52:17.

Support: See, e.g., '025 Patent, 3:32-40; 19:46-20:14; 28:42-63; 41:10-59; 43:31-44:45; 51:6252:17; 52:28-42; 59:9-15. Google: this claim is indefinite because the "in compliance wit h t he presentation rules o f the internet media venue" language does not specify which internet media venue's presentation rules must complied with. Yahoo: obtaining and applying the presentation rules from the first database to create the electronic advertisement in compliance with the presentation rules o f the internet media venue. Support: See, e.g., '025 Patent, 5:4-9; 5:28-34; 19:46-20:14; 28:42-63; 41:6042:60; 43:31-44:19; 51:62-52:17; 58:3542; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; see generally, '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) (attempting to distinguish prior art); see generally, `059 Patent's File History, Re-exam Control No. 95/001,069 (attempting to distinguish prior art). Yahoo: "processing . . . the electronic

25.

processing...the electronic advertisement... in compliance with the presentation rules of the internet media venue

`025, claims 1 and 179; `059, claims 1 and 27

executing a systemat ic sequence of mathemat ical and/or logical operations upon the inputted informat io n to create an electronic advertisement customized for each selected internet med ia venue in a form that complies with t he presentation rules set by t hat media venue Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:31- 46:6; 51:62 - 52:17. Support:. See e.g. `059 Patent, Abstract; 3:61 - 4:19; 4:30-6:19; 6:558:3; 22:27 - 25:50; 55:6 - 57:51; 64:620. See also D066743-52

*26.

a computer controller

`025 Patent,

a computer processor o f t he computer system 21

of the computer system processing and publishing the electronic advertisement to one or more of the selected internet media venues in compliance wit h the presentation rules of the internet media venue, whereby the electronic advertisement is displayed on each of the one or more o f the selected internet media venues in compliance wit h the presentation rules of the internet media venue

claims 1, 179; `059 Patent, claims 1, 27

execut ing a systematic sequence of mathematical and/or logical operations upon the inputted information to create an electronic advertisement customized for each selected internet media venue in a form that co mplies with the presentation rules set by t hat internet media venue and placing or making available the customized electronic advertisement within the framework of each internet media venue so that it is accessible by the end users, consumers, viewers, or buyers so that the electronic advertisement is displayed on each internet media venue in a form customized to each internet media venue's presentation rules Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:31- 46:6; 51:62 - 52:17. Support:. See e.g. `059 Patent, Abstract; 3:61 - 4:19; 4:30-6:19; 6:55-8:3; 22:27 25:50; 56:12-21; 64:6-20. See also D066743-52

advert isement" means "obtaining and applying the presentation rules from the first database to create the electronic advert isement" Google & Yahoo: "publishing the electronic advertisement to one or more of t he selected internet media venues" means placing the electronic advertisement at the internet media venue locat io n fo r public display; "w hereby the electronic advertisement is displayed on each of the one or more internet media venues" means the advert isement is displayed on every one of the internet media venue locations selected by the seller "in compliance wit h t he presentation rules of the internet media venue" is indefinite because the language does not specify which internet media venue's presentation rules must complied with. Extrinsic Support: See, "each" at YHFM04853647 ­ "every one of two or more considered individually or one by one" Support: See, e.g., '025 Patent, 3:1940; 5:10-27; 11:48-56; 18:8-28; 19:46-20-49; 28:42-63; 35:13-36:23;

22

41:10-42:37; 42:53-60; 43:31-45:9; 45:66-46:6; 51:62-52:17; 52:28-42; 55:28-57:15; 58:36-43; 58:51-57; 59:9-15; 59:34-44; `059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 18-19; `587 Patent's File History, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19. 27. publish the advertisement to the internet media venue `025 Patent, claim 79, 90, 258, 269 p lacing or making available the customized electronic advertisement within the framework of each internet media venue so that it is accessible by the end users, consumers, viewers, or Buyers Support: See e.g. `025 Patent, 45: 65- 46:7. Google & Yahoo: place the advertisement at the internet media venue location for public display. Support: See, e.g., '025 Patent, 3:32-40; 5:10-27; 11:48-56; 20:749; 35:13-36:23; 42:53-60; 44:2345:9; 45:66-46:6; 51:62-52:17; 55:28-57:15; 58:36-43; 59:34-44; FIGS. 4a-h; `059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 16-17, 21. Google & Yahoo: placing the mo dified or reformatted advertisement at the internet media venue locat io n fo r public display using the computer controller. Support: See, e.g., '025 Patent,

28.

publishing the modified or reformatted advert isement through the computer controller to the one or more of the selected internet media venues for display by an

`025 Patent, claim 148

t he computer processor places or makes available the modified or reformatted advert isement within the framework of each internet media venue so that it is accessible by the end users, consumers, viewers, or buyers for d isplay by an advert isement generation program in compliance wit h t he internet media venue presentat ion rules 23

advert isement generation program in compliance wit h the internet media venue presentation rules

Support: See e.g. `025 Patent, Abstract; 3:62-4:20; 4:64-5:9; 43:31- 46:6; 51:6252:17. See in particular 45: 65- 46:7.

3:32-40; 5:10-27; 11:48-56; 20:749; 35:13-36:23; 42:53-60; 43:5445:9; 44:23-45:9; 45:66-46:6; 51:62-52:17; 55:28-57:15; 58:3643; 59:34-44; FIGS. 4a-h; `059 Patent's File History, Request for Reconsideration, Paper 13, September 5, 2006, at pp. 16-17, 21. Google & Yahoo: these terms are indefinite at least because of the mult iple, cascading "or" in the claims themselves, and part icularly because the "information" must be input by the seller "or" the [text] advertisement. Support: See, e.g., '025 Patent, 5:4-9 19:46-20:14; 28:42-63; 41:60-42:60; 43:31-44:19; 51:62-52:17; `587 Patent, Amendment and Response, Paper 9, August 12, 2003, at pp. 16-19; '045 Patent's File History, Re-exam Control No. 95/001,061, Response to Office Action (Dec. 23, 2008) at 10 (citing `045 Patent at 58:2-5; 3:23-25); see generally, `059 Patent's File History, Re-exam Control No. 95/001,069 (attempting to distinguish prior art). software and hardware at the third party professional location that enables the third party professional to interact with the computer system.

29.

computer controller processes the advertisement by automatically applying or comparing the internet media v e n u e presentation rules to the information input by the seller or the advertisement

`025 Patent, claim 140

Co mputer processor executes a systematic sequence of mathemat ical and/or logical operations upon the inputted information or advert isement to create an advert isement customized for each selected internet media venue in a form that complies with the presentation rules set by that internet media venue by applying or comparing the presentation rules o f the internet media venue to the information input by t he seller or the advertisement Support: See e.g. `025 Patent, Abstract; 3:19 - 4:28; 4:62 ­ 6:11; 17:50-65; 19:45 20:49; 23:4-39; 43:31- 46:6; 51:62 - 52:17.

30.

third interface to the computer system

`059, claim 1 and 27

software that enables the third party professional user to interact wit h t he co mputer system Support: See e.g. `059 Patent, 45:19-35; 24

69:22-71:3; 75:34 ­ 77:3.

Support: See e.g. `059 Patent, Fig. 2f; 42:5 -46:3.

25