Polaris IP, LLC v. Google Inc. et al

Filing 296

BRIGHT RESPONSE, LLC'S CLAIM CONSTRUCTION CHART filed by Bright Response LLC. (Attachments: # 1 Exhibit Exhibit A)(Fenster, Marc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC Plaintiff, v. GOOGLE INC., et al., Defendants. Civil Action No. 2:07-cv-371-TJW JURY DEFENDANTS' CLAIM CONSTRUCTION CHART Pursuant to the Court's Docket Control Order and P.R. 4-5(d), Defendants submit this Claim Construction Chart on computer disk in WordPerfect format. The following includes the chart agreed to by the parties, except for one sentence that Plaintiff proposed to include that relates to confidential settlement discussions that Defendants believe are inappropriate for inclusion in this chart. Defendants requested that Plaintiff agree to a joint filing without this sentence, but Plaintiff did not respond. Accordingly, to meet the Court's deadline, Defendants file this statement separately. Defendants are hopeful that the parties can file a joint statement after further consideration by Plaintiff. 01980.51452/3382380.3 AGREED CONSTRUCTIONS Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Classifying the electronic message / the classification step (Claim 28)* A Case Model of the Electronic Message (Claim 30)* The Case Model (Claims 30 and 33)* Wherein each score is normalized by dividing the score by a maximum possible score for the stored case model (Claim 31)* Fixed Data (Claim 39)* Variable Data (Claim 40)* Plaintiff's Construction [AGREED] [AGREED] [AGREED] Google and AOL's Construction [AGREED] [AGREED] [AGREED] Court's Construction Determining whether the electronic message falls into one or more categories. Text and attributes derived from the electronic message. "The case model" is the same "case model of the electronic message" that is produced in step (b1) of claim 30. Wherein each match score is divided by the maximum possible score for the stored case model. Data in a predetermined arrangement. Data in any arrangement. [AGREED] [AGREED] [AGREED] [AGREED] [AGREED] [AGREED] *The claims in which these terms appear are included in the currently operative infringement contentions against Defendants Google and AOL, and are asserted in the proposed infringement contentions against Yahoo, which are the subject of a currently pending motion for leave to supplement the infringement contentions [Dkt No. 258]. Yahoo contends that it did not participate in the discussions regarding these constructions, because leave has not been granted to assert the claims in which these terms appear against Yahoo. Yahoo 1 contends that, for the same reason, it has not proposed any constructions for these terms and that only claims 26-27 and 38-40 have been formally asserted against Yahoo. Yahoo contends that it was not involved in the proposed constructions for terms not appearing in claims 26-27 and 38-40. Bright Response contends that counsel to Yahoo had the opportunity to participate in the claim construction process regarding these terms. Additionally, plaintiff and defendants Google and AOL have agreed that "case model," "stored case models of the case base," and "a set of attributes for identifying specific features of the electronic message" need not be construed. DISPUTED CONSTRUCTIONS Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Non-Interactive Electronic Message/The Electronic Message (Claims 26, 27, 28, 30, 38, 39, and 40) Claim Language with Disputed Terms in Bold 26. A method for automatically processing a non-interactive electronic message using a computer, comprising the steps of: (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more predetermined responses corresponding to the Plaintiff's Construction Defendants' Construction This claim term is indefinite. Court's Construction An electronic message not requiring additional input or supplementation from the sender. 2 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold interpretation of the electronic message from a repository for automatic delivery to the source. 27. The method of claim 26, wherein the source of the electronic message is not predetermined. 28. The method of claim 26, further comprising the steps of: (b1) classifying the electronic message as at least one of (i) being able to be responded to automatically; and (ii) requiring assistance from a human operator; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source when the classification step indicates that the electronic message can be responded to Plaintiff's Construction Defendants' Construction Court's Construction 3 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold automatically. 30. The method of claim 28, wherein the step of interpreting the electronic message further includes the steps of: (b1) producing a case model of the electronic message including (i) a set of attributes for identifying specific features of the electronic message; and (ii) message text; (b2) detecting at least one of text, combinations of text, and patterns of text of the electronic message using character matching; (b3) flagging the attributes of the case model which are detected in the electronic message; (b4) comparing the flagged attributes of the case model with stored attributes of stored case Plaintiff's Construction Defendants' Construction Court's Construction 4 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold models of the case base; (b5) comparing the text of the case model with stored text of the stored case models of the case base; and (b6) assigning a score to each stored case model which is compared with the case model, the score increasing when at least one of the attributes and the text match the stored case model and the score not increasing when at least one of the attributes and the text do not match the stored case model. 38. The method of claim 26, wherein the predetermined response is altered in accordance the interpretation of the electronic message before delivery to the source. 39. The method of claim 26, wherein the electronic message Plaintiff's Construction Defendants' Construction Court's Construction 5 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold includes fixed data. 40. The method of claim 26, wherein the electronic message includes variable data. Plaintiff's Construction Defendants' Construction Court's Construction Rule Base...Knowledge Engine (Claim 26) 26. A method for automatically processing a non-interactive electronic message using a computer, comprising the steps of: (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source. 26. A method for automatically processing a non-interactive electronic message using A knowledge engine that tests whether an electronic message meets one or more conditions, and if so, applies specified actions. A knowledge engine that contains "question" rules which take the form of IF-THEN statements with a left hand side of the statement containing a condition (or set of conditions) and a right hand side of the statement containing conclusion(s) (or actions). Case Base Knowledge Engine (Claim 26) A knowledge engine that processes electronic messages by comparing them to a stored set of A knowledge engine that compares an incoming set of facts (a "problem") with a stored set of 6 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold Plaintiff's Construction Defendants' Construction exemplar cases representing past "problems" to obtain a set of prior cases which are used to formulate an appropriate action. Court's Construction a computer, comprising exemplar cases. the steps of: (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source. Predetermined Response(s) (Claims 26, 28, and 38) 26. A method for automatically processing a non-interactive electronic message using a computer, comprising the steps of: (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more Bright Response is of the view that no construction of this term is required. If construed: Responses prepared prior to the receipt of the electronic message. The responses may be modified and/or altered based on the interpretation of the electronic message. Responses prepared prior to the receipt of the electronic message. 7 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source. 28. The method of claim 26, further comprising the steps of: (b1) classifying the electronic message as at least one of (i) being able to be responded to automatically; and (ii) requiring assistance from a human operator; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source when the classification step indicates that the electronic message can be responded to Plaintiff's Construction Defendants' Construction Court's Construction 8 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold automatically. 38. The method of claim 26, wherein the predetermined response is altered in accordance the interpretation of the electronic message before delivery to the source. Plaintiff's Construction Defendants' Construction Court's Construction Repository (Claims 26 and 28) 26. A method for automatically processing a non-interactive electronic message using a computer, comprising the steps of: (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source. Bright Response is of the view that no construction of this term is required. If construed: A storage medium, for example, a database. Database. 9 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold Plaintiff's Construction Defendants' Construction Court's Construction 28. The method of claim 26, further comprising the steps of: (b1) classifying the electronic message as at least one of (i) being able to be responded to automatically; and (ii) requiring assistance from a human operator; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source when the classification step indicates that the electronic message can be responded to automatically. Requiring Assistance From A Human Operator (Claim 28)* 28. The method of claim 26, further comprising the steps of: (b1) classifying the electronic message as at least one of (i) being able to be responded to Requiring that a manual reviewer review the electronic message or information derived from the electronic message, or review, revise or compose the response to be delivered to the Requiring that a manual reviewer review, revise, or compose the response to be delivered to the source. 10 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold Plaintiff's Construction Defendants' Construction Court's Construction automatically; and (ii) source. requiring assistance from a human operator; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source when the classification step indicates that the electronic message can be responded to automatically. Stored Case Model (Claims 30, 31, and 33)* 30. The method of claim 28, wherein the step of interpreting the electronic message further includes the steps of: (b1) producing a case model of the electronic message including (i) a set of attributes for identifying specific features of the electronic message; and (ii) message text; (b2) detecting at least one of text, combinations of text, and patterns of text Stored text and attributes associated with an exemplar case stored in the case base. Stored text and attributes, derived from a previously received electronic message, and an associated stored response. 11 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold of the electronic message using character matching; (b3) flagging the attributes of the case model which are detected in the electronic message; (b4) comparing the flagged attributes of the case model with stored attributes of stored case models of the case base; (b5) comparing the text of the case model with stored text of the stored case models of the case base; and (b6) assigning a score to each stored case model which is compared with the case model, the score increasing when at least one of the attributes and the text match the stored case model and the score not increasing when at least one of the attributes and the text do not match the stored case model. 31. The method of claim Plaintiff's Construction Defendants' Construction Court's Construction 12 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase Claim Language with Disputed Terms in Bold 30, wherein: when at least one of the attributes and the text match the stored case model, the score is increased by a predetermined match weight; and when at least one of the attributes and the text does not match the stored case model, the score is decreased by a predetermined mismatch weight. 33. The method of claim 31, wherein each score is normalized by dividing the score by a maximum possible score for the stored case model, where the maximum possible score is determined when all of the attributes and text of the case model and the stored case model match. Plaintiff's Construction Defendants' Construction Court's Construction Predetermined Match Weight 31. The method of claim 30, wherein: A predetermined factor controlling the degree to A predetermined factor which is added to a stored 13 Claim Term/Phrase and Asserted Claim(s) Containing Term/Phrase (Claim 31)* Claim Language with Disputed Terms in Bold when at least one of the attributes and the text match the stored case model, the score is increased by a predetermined match weight; and when at least one of the attributes and the text does not match the stored case model, the score is decreased by a predetermined mismatch weight. 31. The method of claim 30, wherein: when at least one of the attributes and the text match the stored case model, the score is increased by a predetermined match weight; and when at least one of the attributes and the text does not match the stored case model, the score is decreased by a predetermined mismatch weight. Plaintiff's Construction Defendants' Construction case model's match score when a feature from the stored case model matches text and attributes from the presented case model. Court's Construction which a stored case model's score is increased by a comparison of text and attributes from a case model with those from a stored case model. Predetermined Mismatch Weight (Claim 31)* A predetermined factor controlling the degree to which a stored case model's score is decreased by a comparison of text and attributes from a case model with those from a stored case model. A predetermined factor which is subtracted from a stored case model's match score when a feature from the stored case model does not match a feature from the presented case model. 14 ORDERING OF THE STEPS Claim Language Plaintiff's Proposal Defendants' Proposal The steps of claim 26 must be performed in order. Court's Construction 26. A method for automatically The steps of claim 26 may be processing a non-interactive performed in any order. electronic message using a computer, comprising the steps of: (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source. INCORPORATION OF DEPENDANT CLAIM ELEMENTS Claim Language 26. A method for automatically processing a non-interactive electronic message using a computer, comprising the steps of: Plaintiff's Proposal Claims 28, 30, 31, and 33 are definite. Google and AOL's Proposal Claims 28, 30, 31, and 33 are indefinite because claim 28 does not properly incorporate the elements of claim 26. Court's Construction 15 Claim Language (a) receiving the electronic message from a source; (b) interpreting the electronic message using a rule base and case base knowledge engine; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source. 28. The method of claim 26, further comprising the steps of: (b1) classifying the electronic message as at least one of (i) being able to be responded to automatically; and (ii) requiring assistance from a human operator; and (c) retrieving one or more predetermined responses corresponding to the interpretation of the electronic message from a repository for automatic delivery to the source when the classification step indicates that the electronic message can be responded to automatically. 30. The method of claim 28, wherein the step of interpreting Plaintiff's Proposal Google and AOL's Proposal In addition, Claims 30, 31, and 33 are indefinite because claim 30 does not properly incorporate the elements of claim 28. Court's Construction 16 Claim Language the electronic message further includes the steps of: (b1) producing a case model of the electronic message including (i) a set of attributes for identifying specific features of the electronic message; and (ii) message text; (b2) detecting at least one of text, combinations of text, and patterns of text of the electronic message using character matching; (b3) flagging the attributes of the case model which are detected in the electronic message; (b4) comparing the flagged attributes of the case model with stored attributes of stored case models of the case base; (b5) comparing the text of the case model with stored text of the stored case models of the case base; and (b6) assigning a score to each stored case model which is compared with the case model, the score increasing when at least one of the attributes and the text match the stored case model and the score not increasing when at least one of the attributes and the text do not Plaintiff's Proposal Google and AOL's Proposal Court's Construction 17 Claim Language match the stored case model. 31. The method of claim 30, wherein: when at least one of the attributes and the text match the stored case model, the score is increased by a predetermined match weight; and when at least one of the attributes and the text does not match the stored case model, the score is decreased by a predetermined mismatch weight. 33. The method of claim 31, wherein each score is normalized by dividing the score by a maximum possible score for the stored case model, where the maximum possible score is determined when all of the attributes and text of the case model and the stored case model match. Plaintiff's Proposal Google and AOL's Proposal Court's Construction 18 Date: March 22, 2010 Respectfully submitted, By: /s/ David A. Perlson Charles K. Verhoeven, pro hac vice charlesverhoeven@quinnemanuel.com David A. Perlson, pro hac vice davidperlson@quinnemanuel.com Brian C. Cannon, pro hac vice briancannon@quinnemanuel.com Jennifer A. Kash, pro hac vice jenniferkash@quinnemanuel.com Antonio Sistos, pro hac vice antoniosistos@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 Attorneys for Defendants Google Inc., America Online, Inc., and AOL, LLC. /s/ Jason C. White (by permission) Jason C White Howrey LLP - Chicago 321 North Clark Street Suite 3400 Chicago , IL 60610 312-595-1239 312-595-2250 facsimile whitej@howrey.com Jennifer H. Doan Joshua R. Thane HALTOM & DOAN Crown Executive Center, Suite 100 6500 Summerhill Road Texarkana, TX 75503 Tel: (903) 255-1002 Fax: (903) 255-0800 jdoan@haltomdoan.com jthane@haltomdoan.com Attorneys for Defendant Yahoo! 01980.51452/3382380.3 CERTIFICATE OF SERVICE I hereby certify that the following counsel of record who are deemed to have consented to electronic service are being served on March 22, 2010, with a copy of this document via the Court's CM/ECF system. Any other counsel of record will be served by first class U.S. mail on this same date. By: /s/ Todd Kennedy 01980.51452/3382380.3

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