Polaris IP, LLC v. Google Inc. et al

Filing 415

Emergency MOTION to Strike Portions of Defendants' Invalidity Expert's Report and Defendants' Summary Judgment Briefing and Request for Expedited Briefing by Bright Response LLC. (Attachments: # 1 Affidavit of Elizabeth Wiley, # 2 Exhibit A, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit A-3 - part 1, # 6 Exhibit A-3 - part 2, # 7 Exhibit A-3 - part 3, # 8 Exhibit A-4, # 9 Exhibit A-5 - part 1, # 10 Exhibit A-5 - part 2, # 11 Exhibit A-5 - part 3, # 12 Exhibit B, # 13 Exhibit C, # 14 Exhibit D, # 15 Exhibit E, # 16 Text of Proposed Order)(Wiley, Elizabeth)

Polaris IP, LLC v. Google Inc. et al

Doc. 415 Att. 4

EXHIBIT A-2

Dockets.Justia.com

Exhibit B As set forth below and based on the investigation to date, this exhibit provides the full identity of each item of prior art, including: (1) each patent by its patent number, country of origin, and date of issue; (2) each non-patent publication by its title, date of publication, and, where feasible, author and publisher; and (3) 35 U.S.C. § 102(b) prior art by the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person or entity which made the use or which made and received the offer, or the person or entity which made the information known or to whom it was made known. The prior art references disclosed below are based on Bright Response's apparent construction of the claim elements of the `450 patent. Nothing stated herein shall be treated as an admission or suggestion that Defendants agree with Bright Response regarding either the scope of any of the asserted claims or the claim constructions advanced by it in its Infringement Contentions, Supplemental Infringement Contentions, or anywhere else. In the tables below, each patent or publication is identified by a "Short Name" that is used to identify that reference throughout Defendants' Invalidity Contentions.

(1)

Each prior art patent or patent application by its number, country of origin, and

date of issue (for each patent) or date of publication (for each patent publication):

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B-1

EXHIBIT B

Short Name

Patent No./ Publication No. 5,581,664 5,581,664

Country of Origin United States United States

Date Issued / Published December 17, 1996 December 3, 1996

Bates Range

ALLEN `664 ALLEN `664 CBR EXPRESS USER'S GUIDE

DEF00000109 ­ DEF00000131 YAH0021073 ­ YAH0021144 AND YAH0021145 ­ YAH0021216

BAUER `402 BROWN `353 HO `771 SHOHAM '015 TANAKA '985 TURTLE '948 SIMOUDIS `206 YOSHIURA `689 DOLAN `677 BAUMAN `524 NGUYEN `823 ALLEN `218 LEWIS `481 NYUGEN `001
01980.51452/3462790.1

5,699,402 5,768,353 5,836,771 5,855,015 5,899,985 5,418,948 5,224,206 5,243,689 5,317,677 5,402,524 5,444,823 5,586,218 5,666,481 5,720,001

United States United States United States United States United States United States United States United States United States United States United States United States United States United States

December 16, 1997 June 16, 1998 November 17, 1998 December 29, 1998 May 4, 1999 May 23, 1995 June 29, 1993 September 7, 1993 May 31, 1994 Match 28, 1995 August 22, 1995 December 17, 1996 September 9, 1997 February 17, 1998

DEF00001816 ­ DEF00001841 DEF00001842 ­ DEF00001895 DEF00000198 ­ DEF00000236 DEF00001896 ­ DEF00001909 DEF00000266 ­ DEF00000303 DEF00001793 ­ DEF00001815 DEF00000001 ­ DEF00000012 DEF00000019 ­ DEF00000036 DEF00000037 ­ DEF00000045 DEF00000046 ­ DEF00000098 DEF00000099 ­ DEF00000108 DEF00000132 ­ DEF00000181 DEF00000182 ­ DEF00000197 DEF00001760 ­ B-2

DEFENDANTS' INVALIDITY CONTENTIONS

EXHIBIT B

Short Name

Patent No./ Publication No. 5,884,302 5,909,679 6,058,435 6,078,914 6,085,201 WO 92/15951 WO 93/21587 WO 95/02221

Country of Origin

Date Issued / Published

Bates Range

DEF00001769 HO `302 HALL `679 SASSIN `435 REDFERN `914 TSO `201 ALLEN `92 ALLEN `93 ALLEN `95 United States United States United States United States United States PCT Application PCT Application PCT Application March 16, 1999 June 1, 1999 May 2, 2000 June 20, 2000 July 4, 2000 September 17, 1992 October 28, 1993 January 19, 1995 DEF00000237 ­ DEF00000265 DEF00000304 ­ DEF00000318 DEF00000319 ­ DEF00000332 DEF00000333 ­ DEF00000367 DEF00000368 ­ DEF00000377 DEF00000378 ­ DEF00000422 DEF00000423 ­ DEF00000451 DEF00000452 ­ DEF00000522

(2)

Each non-patent publication by its title, date of publication, and, where feasible,

author and publisher: Short Name AAMODT `94 Title Case-Based Reasoning: Foundational Issues, Methodological Variations, and System Approaches Date of Author Publicat (Publisher) ion 1994 Aamodt, Agnar, et al. Bates Range DEF00000576 ­ DEF00000596

ACORN `92

SMART: Support 1992 Management Automated Reasoning Technology for COMPAQ Customer Service Case-Based Reasoning: 1994

Acorn, T., et al.

DEF00001090 ­ DEF00001098

ALLEN `94
01980.51452/3462790.1

Allen,

DEF00000597 ­ B-3

DEFENDANTS' INVALIDITY CONTENTIONS

EXHIBIT B

Short Name

Title Business Applications

Date of Publicat ion 1995

Author (Publisher) Bradley P. Auriol, E., et al.

Bates Range DEF00000599 DEF00001099 ­ DEF00001111

AURIOL `95

INRECA: A Seamlessly Integrated System Based on Inductive Reasoning and Case-Based Reasoning Integrating Rules And Precedents For Classification And Explanation: Automating Legal Analysis A Self-Improving Helpdesk Service System Using Case-Based Reasoning Techniques An Integrated Approach of Rule-Based and CaseBased Reasoning for Decision Support Fast Effective Rule Induction Learning Rules that Classify E-Mail Integrating Case Based and Rule Based Reasoning: The Possibilistic Connection EZ Reader: Embedded AI for Automatic Electronic Mail Interpretation and Routing ICARUS: Integrating Rule-Based and CaseBased Reasoning on the Base of Unsharp Symptoms Introspective Learning for Case-Based Planning,

BRANTING `90

1990

L. Karl Branting

YAH0021248 YAH0021417

CHANG `96

1996

Chang, Kai, et DEF00001715 ­ al. DEF00001730

CHI `91

1991

Chi, Robert T., et al.

DEF00001077 ­ DEF00001089

COHEN `95 COHEN `96 DUTTA `91

1995 1996 1991

Cohen, William W. Cohen, William W Dutta, Somitra, et al.

DEF00001770 ­ DEF00001778 DEF00001779 ­ DEF00001786 DEF00001209 ­ DEF00001227

EZ READER

1996

Rice, Amy, et al.

DEF00001742 ­ DEF00001752

FATHITORBAGHAN '95

1995

FathiTorbaghan, M., et al.

DEF00000600 ­ DEF00000603

FOX `95

1995

Fox, Susan

DEF00000604 ­ DEF00000873 B-4

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EXHIBIT B

Short Name

Title Ph.D. Thesis

Date of Publicat ion 1991

Author (Publisher)

Bates Range

GOLDING `91

Improving Rule-Based Systems Through CaseBased Reasoning Improving Accuracy by Combining Rule-Based and Case-Based Reasoning INFOMOD: A Knowledge-Based Moderator for Electronic Mail Help Lists Recommending and Evaluating Choices in a Virtual Community of Use CBR Express Reference Manual Comparing a Form-based and a Language-based User Interface for Instructing a Mail Program Inductive Learning and Case-Based Reasoning Case-Based Reasoning and the Deep Structure Approach to Knowledge Representation Building a Case-Based Help Desk Application Chapter 1: CBR in Context: The Present and Future, Case-Based Reasoning Cabata ­ A Hybrid CBR System

Golding, Andrew R., et al. Golding, Andrew R., et al. Hall, Robert

DEF00000874 ­ DEF00000881 DEF00000882 ­ DEF00000929

GOLDING `96

1996

HALL `96

1996

DEF00001680 ­ DEF00001687

HILL `95

1995

Hill, Will, et al.

DEF00000549 ­ DEF00000558

INFERENCE `95 JEFFERIES `87

1995 1987

INFERENCE Jeffries, Robin, et al.

YAH0021062 YAH0021072 DEF00001787 ­ DEF00001792

JURISICA `96 KOWALSKI `91

1996 1991

Jurisica, Igor Kowalski, Andrezj

DEF00000930 ­ DEF00000935 DEF00001695 ­ DEF00001704

KRIEGSMAN `93 LEAKE `96

1993 1996

Kriegsman, Mark, et al. Leake, David B.

DEF00001665 ­ DEF00001673 DEF00000936 ­ DEF00000979

LENZ `93

1993

Lenz, Mario

DEF00001753 ­ DEF00001758 B-5

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EXHIBIT B

Short Name LOPEZ `93 MANAGO `93 NGUYEN `93

Title Case-based Planning for Medical Diagnosis Induction and Reasoning from Cases Compaq Quicksource: Providing the Consumer with the Power of AI Helic II ­ A Legal Reasoning System on the Parallel Inference Machine A Rule-Based Message Filtering System A Pragmatic Legal Expert System ADAPtER: An Integrated Diagnostic System Combining Case-Based and Abductive Reasoning A Case-Based System for Trade Secrets Law Combining Case-Based and Rule-Based Reasoning: A Heuristic Approach CABARET: Rule Interpretation in a Hybrid Architecture Case-based Diagnostic Analysis in a Blackboard Architecture A Hybrid CBR-IR Approach to Legal Information Retrieval Using Case-Based Retrieval for Customer Technical Support

Date of Author Publicat (Publisher) ion 1993 Lopez, Beatriz, et al. 1993 1993 Manago, Michel, et al. Nguyen, Trung, et al.

Bates Range DEF00001177 ­ DEF00001188 DEF00000013 ­ DEF00000018 DEF00001731 ­ DEF00001741

NITTA `92

1992

Nitta, DEF00000523 ­ Katsumi, et al. DEF00000548

POLLOCK `88 POPPLE `96 PORTINAL `95

1988 1996 1995

Pollock, Stephen Popple, James Portinale, L, et al.

DEF00001944 ­ DEF00001966 DEF00001270 ­ DEF00001664 DEF00001112 ­ DEF00001126

RISSLAND `87 RISSLAND `89

1987 1989

Rissland, Edwina, et al. Rissland, Edwina, et al.

DEF00001688 ­ DEF00001694 DEF0000569 ­ DEF0000575

RISSLAND `91

1991

Rissland, Edwina, et al. Rissland, Edwina, et al. Rissland, Edwina, et al. Simoudis, Evangelos

DEF00001127 ­ DEF00001176 DEF00001189 ­ DEF00001197 DEF00000559 ­ DEF00000568 DEF00001674 ­ DEF00001679

RISSLAND `93

1993

RISSLAND `95

1995

SIMOUDIS `92

1992

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B-6

EXHIBIT B

Short Name SKALAK `91 SKALAK `92 SLATOR `91 SURMA `95

Title Argument Moves in a Rule-Guided Domain Arguments and Cases: An Inevitable Intertwining Taxops: A Case-Based Advisor Integrating Rules and Cases for the Classification Task, CaseBased Reasoning, Research and Development A Rule ­ Rule ­ Case Based System for Image Analysis An Example of Integrating Legal Case Based Reasoning with Object Oriented RuleBased Systems: IKBALS II Case-Based Reasoning: A Review Case-Based Reasoning: A Review Case-Based Reasoning Tools: An Overview Auto-FAQ: An Experiment in Cyberspace Leveraging

Date of Author Publicat (Publisher) ion 1991 Skalak, David, et al. 1992 1991 1995 Skalak, David, et al. Slator, Brian, et al. Surma, Jerzy, et al.

Bates Range DEF00001066 ­ DEF00001076 DEF00001228 ­ DEF00001269 DEF00000986 ­ DEF00001013 DEF00001014 ­ DEF00001023

VENKATARAMAN '93 VOSSOS `91

1993

Venkataraman DEF00001759 ­ , S., et al. DEF00001764 Vossos, George, et al. DEF00001198 ­ DEF00001208

1991

WATSON `94 WATSON `94 WATSON `96 WHITEHEAD `95

1994 1994 1996 1995

Watson, Ian, et al. Watson, Ian, et al. Watson, Ian Whitehead, Steven

DEF00001024 ­ DEF00001056 YAH0021217 YAH0021247 DEF00001057 ­ DEF00001065 DEF00001705 ­ DEF00001714

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B-7

EXHIBIT B

(3)

35 U.S.C. § 102(b) prior art by the item offered for sale or publicly used or

known, the date the offer or use took place or the information became known, and the identity of the person or entity which made the use or which made and received the offer, or the person or entity which made the information known or to whom it was made known. Defendants' investigation is ongoing, and the identified relevant publications in no way limit the evidence Defendants may rely on concerning these sales or public uses: Items Offered for Sale or Publicly Known or Used EZ Reader Date of Offer or Use 1996 Person or Entity Involved Rice, Amy, et al. and as described in the above-identified prior art authored by the individual Inference Nitta, Katsumi, et al. and as described in the above-identified prior art authored by the individual Fathi-Torbaghan, M., et al. and as described in the aboveidentified prior art authored by the individual Slator, Brian, et al. and as described in the above-identified prior art authored by the individual Acorn, T., et al. and as described in the above-identified prior art authored by the individual Auriol, E., et al. and as described in the above-identified prior art authored by the individual Portinale, L, et al. and as B-8

CBR EXPRESS Helic II

1995 1992

ICARUS

1995

Taxops

1991

SMART

1992

INRECA

1995

ADAPtER
01980.51452/3462790.1

1995 DEFENDANTS' INVALIDITY CONTENTIONS

EXHIBIT B

Items Offered for Sale or Publicly Known or Used

Date of Offer or Use

Person or Entity Involved described in the above-identified prior art authored by the individual

CABARET

1991

Rissland, Edwina, et al. and as described in the above-identified prior art authored by the individual Vossos, George, et al. and as described in the above-identified prior art authored by the individual Hall, Robert and as described in the above-identified prior art authored by the individual Whitehead, Steven and as described in the above-identified prior art authored by the individual Nguyen, Trung, et al. and as described in the above-identified prior art authored by the individual Lenz, Mario and as described in the above-identified prior art authored by the individual Fox, Susan and as described in the above-identified prior art authored by the individual Golding, Andrew R. et al. and as described in the above-identified prior art authored by the individual Jurisica, Igor and as described in the above-identified prior art authored by the individual

IKBALS II

1991

INFOMOD

1996

Auto-FAQ

1995

Compaq Quicksource

1993

Cabata

1993

ROBBIE

1995

ANAPRON

1996

TA3

1996

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B-9

EXHIBIT B

Items Offered for Sale or Publicly Known or Used CHI

Date of Offer or Use 1991

Person or Entity Involved Chi, Robert T., et al. and as described in the above-identified prior art authored by the individual Lopez, Beatriz, et al. and as described in the above-identified prior art authored by the individual Rissland, Edwina, et al. and as described in the above-identified prior art authored by the individual Dutta, Somitra, et al. and as described in the above-identified prior art authored by the individual Popple, James and as described in the above-identified prior art authored by the individual Simoudis, Evangelos and as described in the above-identified prior art authored by the individual Rissland, Edwina, et al. and as described in the above-identified prior art authored by the individual Kowalski, Andrezj and as described in the above-identified prior art authored by the individual Chang, Kai, et al. and as described in the above-identified prior art authored by the individual

BOLERO

1993

FRANK

1993

MARS

1991

SHYSTER

1996

CASCADE

1992

HYPO

1987

MPC

1991

SmartUSA

1996

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B-10

EXHIBIT B

Items Offered for Sale or Publicly Known or Used R-R-C

Date of Offer or Use 1993

Person or Entity Involved Venkatarman, S. et al. and as described in the above-identified prior art authored by the individual Pollock, Stephen and as described in the above-identified prior art authored by the individual Branting, L. Karl and as described in the above-identified prior art authored by the individual

ISCREEN

1988

GREBE

1990

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B-11

EXHIBIT B