PA Advisors, LLC v. Google Inc. et al

Filing 257

MOTION to Quash and, MOTION for Protective Order to Preclude Deposition of Johanna Shelton by Google Inc.. (Attachments: #1 Affidavit Declaration of Brian Cannon, #2 Exhibit A to Declaration of Brian Cannon, #3 Exhibit B to Declaration of Brian Cannon, #4 Exhibit C to Declaration of Brian Cannon, #5 Exhibit D to Declaration of Brian Cannon, #6 Exhibit E to Declaration of Brian Cannon, #7 Exhibit F to Declaration of Brian Cannon, #8 Exhibit G to Declaration of Brian Cannon, #9 Exhibit H to Declaration of Brian Cannon, #10 Exhibit I to Declaration of Brian Cannon, #11 Exhibit J to Declaration of Brian Cannon, #12 Exhibit K to Declaration of Brian Cannon, #13 Exhibit L to Declaration of Brian Cannon, #14 Affidavit Declaration of Johanna Shelton, #15 Text of Proposed Order)(Cannon, Brian)

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EXHIBIT C IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC Plaintiff, v. GOOGLE INC., et al, Defendants CIVIL ACTION NO. 2:07-CV-480 (DF) JURY TRIAL DEMANDED GOOGLE INC.'S SECOND SUPPLEMENTAL INITIAL DISCLOSURES Pursuant to Rules 26(a)(1) and (e) of the Federal Rules of Civil Procedure and the Agreed Docket Control Order, Defendant Google Inc. ("Google") hereby makes the following supplemental init ial disclosures. Google bases the following disclosures on information currently and reasonably available. Google reserves the right to supplement these disclosures, as necessary, pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, and to rely on the testimony of any person it subsequently identifies as having knowledge relevant to this dispute. Google's supplemental initial disclosures are made without waiving Google's right to object to any discovery request or other proceeding related to the subject matter of these disclosures on the basis of competency, privilege, relevancy, materiality, hearsay, or any other proper ground for objection. Google's current understanding of the accused instrumentalities is based on Plaintiff PA Advisors, LLC's ("PA Advisors") Disclosure of Asserted Claims and Infringement Contentions served on August 22, 2008 in which PA Advisors disclosed that it is accusing certain features of Google Search (including Web Search, Advanced Search, iGoogle, and Google Toolbar), Google AdWords and/or AdSense, and Gmail ("Accused Instrumentalities"), of infringing U.S. Patent No. 6,199,067 ("the `067 patent"). 51319/2927709.1 1 I. CORRECT NAMES OF PARTIES The correct name of Defendant Google is Google Inc. On information and belief, the correct name of Plaintiff PA Advisors is PA Advisors, LLC, and the correct name of Defendant Yahoo is Yahoo! Inc. II. POTENTIAL PARTIES Ilya Geller and Mightiest Logicon Unisearch, Inc. ("MLU") are potential addit io nal parties to this action. Mr. Geller is the named inventor of the `067 patent and the patent was assigned to MLU. Mr. Geller and MLU may have ownership interests in the `067 patent. III. LEGAL THEORIES AND FACTUAL BASIS OF DEFENDANT'S DEFENSES Non-Infringement Google does not and has not infringed any valid and enforceable claim of the `067 patent. Properly construed, no valid and enforceable claim of the `067 patent covers, either literally or under the doctrine of equivalents, any features of the accused instrumentalities. Facts supporting Google's non-infringement contentions may include, but are not limited to, the structure, characteristics, and operation of the accused features of the accused instrumentalities, the `067 patent and its prosecution history, and any admissions by PA Advisors regarding the `067 patent. Invalidit y The `067 patent is invalid for failing to satisfy one or more requirements for patentability under the patent laws of the United States, as set forth in Title 35 of the United States Code, including without limitation, the requirements set forth in sections 101, 102, 103, and 112. Google has provided details of its invalidity positions in Defendants' Invalidity Contentions, prepared pursuant to Patent Rule 3-3 and served on November 14, 2008. 51319/2927709.1 2 Lack of Standing On information and belief, Plaintiff lacks the standing necessary to assert the claims of the `067 patent against Google. Unclean Hands On information and belief, the claims of the `067 patent are unenforceable due to Plaintiff's unclean hands. IV. PERSONS WITH KNOWLEDGE Based on Google's current understanding of the claims asserted by PA Advisors, Google identifies the following individuals as having knowledge of relevant facts: Name Bryan Horling Contact Information May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 Connection to Case Google employee Knowledge Structure, characteristics, and/or operation of the accused features of Personalized Search Kavi Goel Google employee Business and financial aspects of Personalized Search 51319/2927709.1 3 Name Albert Bodenhamer Contact Information May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 Connection to Case Google employee Knowledge Structure, characteristics, and/or operation of the accused features of Google Toolbar Jonathan Alferness Google employee Structure, characteristics, and/or operation of the accused features of Google AdWords Greg Badros Google employee Structure, characteristics, and/or operation of the accused features of Gmail Shane Antos Google employee Past business and financial aspects of the accused instrumentalities; damages 51319/2927709.1 4 Name Mary Hollendonor Contact Information May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 Connection to Case Google employee Knowledge Business and financial aspects of the accused instrumentalities; damages Michelle Lee Google employee Google patent licensing practices and policies related to the accused instrumentalities; damages Gabe Mattera Google employee Business and financial aspects of the accused instrumentalities; damages Chris Rohrs Google employee Structure, characteristics, and/or operation of the accused features of iGoogle 51319/2927709.1 5 Name Amit Singhal Contact Information May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 May be reached through counsel for GOOGLE. Quinn Emanuel Urquhart Oliver & Hedges, LLP 555 Twin Dolphin Drive, Suite 560 Redwood Shores, CA 94065 (650) 801-5000 Unknown Connection to Case Google employee Knowledge Structure, characteristics, and/or operation of the accused features of Google Search Johanna Wright Google employee Business and financial aspects of Google Search Jack Menzel Google employee Business and financial aspects of Google Search Ilya Geller Named inventor of U.S. Patent No. 6,119,067 Allegedly assigned U.S. Patent No. 6,119,067 to PA Advisors Attorney or agent responsible for prosecution of `067 patent Conception and reduction to practice of U.S. Patent No. 6,119,067 The extent of PA Advisors' ownership interest in U.S. Patent No. 6,119,067 Prosecution of `067 patent Might iest Logicon Unisearch, Inc. Edward Etkin Unknown Unknown 51319/2927709.1 6 Name Kjerst i Aas Contact Information Unknown Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including A Survey On Personalised Information Filtering Systems For The World Wide Web Prior Art to the `067 patent, including U.S. Patent No. 6,233,575; Multilevel Taxonomy Based on Features Derived from Training Documents Classification Using Fisher Values as Discrimination Values Prior Art to the `067 patent, including U.S. Patent No. 5,696,963; System, Method and Computer Product for Searching Through An Individual Document And A Group of Documents Prior Art to the `067 patent, including U.S. Patent No. 6,192,364; Distributed Computer Database System And Method Employing Intelligent Agents Prior Art to the `067 patent, including U.S. Patent No. 5,544,049; Method For Performing A Search Of A Plurality Of Documents For Similarity To A Plurality Of Query Words Rakesh Agrawal San Jose, CA Potential Prior Art Witness Don Ahn Daly City, CA Potential Prior Art Witness Kenneth P. Baclawski Walt ham, MA Potential Prior Art Witness Michael J. Barbarino Moss Beach, CA Potential Prior Art Witness 51319/2927709.1 7 Name Nicho las J. Belkin Contact Information Rutgers University New Brunswick, NJ Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including Information Filtering And Information Retrieval: Two Sides Of The Same Coin? Prior Art to the `067 patent, including U.S. Patent No. 6,092,100; Method For Intelligently Resolving Entry Of An Incorrect Uniform Resource Locator (URL) Prior Art to the `067 patent, including: U.S. Patent No. 6,363,348; User ModelImprovement-DataDriven Selection And Update Of UserOriented Recognition Model Of A Given Type For Word Recognition At Network Server; U.S. Patent No. 6,430,551; Vocabulary And/Or Language Model Training Prior Art to the `067 patent, including U.S. Patent No. 5,278,980; Iterative Technique For Phrase Query Formation And An Information Retrieval System Employing Same Prior Art to the `067 patent, including Learning And Revising User Profiles: The Identification Of Interesting Web Sites Viktors Berstis Austin, TX Potential Prior Art Witness Stefan Besling Aachen, DE Potential Prior Art Witness Eric A. Bier Los Altos, CA Potential Prior Art Witness Daniel Billsus Department of Potential Prior Art Information and Witness Computer Science Universit y of California, Irvine Irvine, CA 92697 51319/2927709.1 8 Name Eric Bloedorn Contact Information Machine Learning and Inference Laboratory, George Mason University, Fairfax, VA 22030 Palo Alto, CA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including Machine Learning Of User Profiles: Representational Issues Prior Art to the `067 patent, including U.S. Patent No. 5,278,980; Iterative Technique For Phrase Query Formation And An Information Retrieval System Employing Same Prior Art to the `067 patent, including U.S. Patent No. 5,933,822; Apparatus And Methods For An Information Retrieval System That Employs Natural Language Processing Of Search Results To Improve Overall Precision Prior Art to the `067 patent, including U.S. Patent No. 5,428,778; Selective Dissemination Of Information Prior Art to the `067 patent, including U.S. Patent No. 6,289,353; Intelligent Query System For Automatically Indexing In A Database And Automatically Categorizing Users Daniel G. Bobrow Potential Prior Art Witness Lisa BradenHarder Reston, VA Potential Prior Art Witness Cyril Brookes Sydney, Australia Potential Prior Art Witness Scott M. Burke Corvallis, OR Potential Prior Art Witness 51319/2927709.1 9 Name Daniel Chang Contact Information 2611 Hastings Dr. Belmo nt, CA 94002 Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 5,694,594; System For Linking Hypermedia Data Objects In Accordance With Associations Of Source And Destination Data Objects And Similarity Threshold Without Using Keywords Or Link-Difining Terms Prior Art to the `067 patent, including U.S. Patent No. 6,233,575; Multilevel Taxonomy Based on Features Derived from Training Documents Classification Using Fisher Values as Discrimination Values Prior Art to the `067 patent, including WebMate: A Personal Agent For Browsing And Searching Prior Art to the `067 patent, including U.S. Patent No. 6,327,590; System And Method For Collaborative Ranking Of Search Results Employing User And Group Profiles Derived From Document Collection Content Analysis Prior Art to the `067 patent, including U.S. Patent No. 6,363,377; Search Data Processor Soumen Charkrabarti San Jose, CA Potential Prior Art Witness Liren Chen The Robotics Institute Carnegie Mellon University Pittsburgh, PA 15213 Meylan, FR Potential Prior Art Witness Boris Chidlovskii Potential Prior Art Witness Liviu Chiriac Plainsboro, NJ Potential Prior Art Witness 51319/2927709.1 10 Name Alexander Chislenko Contact Information Cambridge, MA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 6,041,311; Method And Apparatus For Item Recommendation Using Automated Collaborative Filtering Prior Art to the `067 patent, including Word Association Norms, Mutual Information And Lexicography Prior Art to the `067 patent, including U.S. Patent No. 6,067,539; Intelligent Information Retrieval System Prior Art to the `067 patent, including U.S. Patent No. 5,933,822; Apparatus And Methods For An Information Retrieval System That Employs Natural Language Processing Of Search Results To Improve Overall Precision Prior Art to the `067 patent, including Information Filtering And Information Retrieval: Two Sides Of The Same Coin? Kenneth Ward Church Bell Laboratories Murray Hill, NJ Potential Prior Art Witness Gideon David Cohen Mazor, Israel Potential Prior Art Witness Simo n H. Corston Seattle, WA Potential Prior Art Witness W. Bruce Croft Universit y of Massachusetts, Amherst Potential Prior Art Witness 51319/2927709.1 11 Name Gary Culliss Contact Information 9737 Larsent St. Overland Park, KS 66214 Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: U.S. Patent No. 6,006,222; Method For Organizing Information; U.S. Patent No. 6,078,916; Method For Organizing Information; U.S. Patent No. 6,182,068; Personalized Search Methods Prior Art to the `067 patent, including U.S. Patent No. 5,278,980; Iterative Technique For Phrase Query Formation And An Information Retrieval System Employing Same Prior Art to the `067 patent, including U.S. Patent No. 5,761,662; Personalized Information Retrieval Using User-Defined Profile Prior Art to the `067 patent, including U.S. Patent No. 6,138,155; Method And Apparatus For Tracking Client Interaction With A Network Resource And Creating Client Profiles And Resource Database Douglass R. Cutting Menlo Park, CA Potential Prior Art Witness Vasanthan S. Dasan Colorado Springs, CO Potential Prior Art Witness Owen Davis 214 W. 102nd St., #2A New York, NY 10025 Potential Prior Art Witness 51319/2927709.1 12 Name Rick Dedrick Contact Information Hillsboro, OR Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: U.S. Patent No. 5,710,884; System For Automatically Updating Personal Profile Server With Updates To Additional User Information Gathered From Monitoring User's Electronic Consuming Habits Generated On Computer During Use; U.S. Patent No. 5,717,923; Method And Apparatus For Dynamically Customizing Electronic Information To Individual End Users Prior Art to the `067 patent, including Indexing by Latent Semantic Analysis Prior Art to the `067 patent, including U.S. Patent No. 6,430,551; Vocabulary And/Or Language Model Training Prior Art to the `067 patent, including U.S. Patent No. 6,256,633; Context-Based And User-Profile Driven Information Retrieval Scott Deerwester Graduate Library School Universit y of Chicago Chicago, IL 60637 San Jose, CA Potential Prior Art Witness Steven DeJarnett Potential Prior Art Witness Chanda Dharap Fremo nt, CA Potential Prior Art Witness 51319/2927709.1 13 Name Contact Information Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 5,933,822; Apparatus And Methods For An Information Retrieval System That Employs Natural Language Processing Of Search Results To Improve Overall Precision Prior Art to the `067 patent, including U.S. Patent No. 6,233,575; Multilevel Taxonomy Based on Features Derived from Training Documents Classification Using Fisher Values as Discrimination Values Prior Art to the `067 patent, including U.S. Patent No. 5,576,954; Process For Determination Of Text Relevancy Prior Art to the `067 patent, including: Personalized Information Delivery: An Analysis Of Information Filtering Methods, and; Indexing by Latent Semantic Analysis Prior Art to the `067 patent, including U.S. Patent No. 6,385,619; Automatic User Interest Profile Generation From Structured Document Access Information William B. Dolan Redmond, WA Byron Edward Dom Los Gatos, CA Potential Prior Art Witness Jim Driscoll Orlando, FL Potential Prior Art Witness Susan T. Dumais Bell Communications Research 435 South St. Morristown, NJ 07960 Potential Prior Art Witness Matthias Eichstaedt San Jose, CA Potential Prior Art Witness 51319/2927709.1 14 Name Jason M. Eisner Contact Information 1015 Spruce St. Philadelphia, PA 19107 Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 5,835,087; System For Generation Of Object Profiles For A System For Customized Electronic Identification Of Desirable Objects Prior Art to the `067 patent, including U.S. Patent No. 6,363,377; Search Data Processor Prior Art to the `067 patent, including: Using Latent Semantic Indexing For Information Filtering, and; Personalized Information Delivery: An Analysis Of Information Filtering Methods Prior Art to the `067 patent, including U.S. Patent No. 6,236,991; Method And System For Providing Access For Categorized Information From Online Internet And Intranet Sources Prior Art to the `067 patent, including Indexing by Latent Semantic Analysis Prior Art to the `067 patent, including U.S. Patent No. 5,317,507; Method For Document Retrieval And For Word Sense Disambiguation Using Neural Networks Jeffrey E s a k o v Hamilton Square, NJ Potential Prior Art Witness Peter W. Foltz Box 345, Dept. of Psychology Universit y of Colorado Boulder, CO 80309 Potential Prior Art Witness Thomas Valentine Frauenhofer Stony Point, NY Potential Prior Art Witness George W. Furnas Bell Communications Research 435 South St. Morristown, NJ 07960 49 Fenno St. Cambridge, MA 02138 Potential Prior Art Witness Stephen I. Gallant Potential Prior Art Witness 51319/2927709.1 15 Name Natalie S. Glance Contact Information Meylan, FR Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 6,327,590; System And Method For Collaborative Ranking Of Search Results Employing User And Group Profiles Derived From Document Collection Content Analysis Prior Art to the `067 patent, including U.S. Patent No. 5,848,396; Method And Apparatus For Determining Behavioral Profile Of A Computer User Prior Art to the `067 patent, including U.S. Patent No. 5,924,105; Method And Product For Determining Salient Features For Use In Information Searching Prior Art to the `067 patent, including U.S. Patent No. 6,327,590; System And Method For Collaborative Ranking Of Search Results Employing User And Group Profiles Derived From Document Collection Content Analysis Prior Art to the `067 patent, including U.S. Patent No. 5,278,980; Iterative Technique For Phrase Query Formation And An Information Retrieval System Employing Same Thomas A. Gerace Cambridge, MA Potential Prior Art Witness Erik D. Goodman East Lansing, MI Potential Prior Art Witness Antonietta Grasso Grenoble, FR Potential Prior Art Witness Per-Krist ian Halvorsen Los Altos, CA Potential Prior Art Witness 51319/2927709.1 16 Name Patrick Hanks Contact Information Collins Publishers Glasgow, Scotland Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including Word Association Norms, Mutual Information And Lexicography Prior Art to the `067 patent, including Indexing by Latent Semantic Analysis Prior Art to the `067 patent, including From Syntax To Meaning In Natural Language Processing Prior Art to the `067 patent, including U.S. Patent No. 6,289,353; Intelligent Query System For Automatically Indexing In A Database And Automatically Categorizing Users Prior Art to the `067 patent, including U.S. Patent No. 5,659,766; Method And Apparatus For Inferring The Topical Content Of A Document Based Upon Its Lexical Content Without Supervision Prior Art to the `067 patent, including U.S. Patent No. 5,544,049; Method For Performing A Search Of A Plurality Of Documents For Similarity To A Plurality Of Query Words Richard Harshman Universit y of Western Potential Prior Art Ontario Witness London, Ontario Canada Unknown Potential Prior Art Witness Alexander G. Hauptmann Brian L. Hazlehurst Portland, OR Potential Prior Art Witness Marti A. Hearst San Francisco, CA Potential Prior Art Witness Richard D. Henderson San Jose, CA Potential Prior Art Witness 51319/2927709.1 17 Name Frederick S. M. Herz Contact Information P.O. Box 625 Canaan Valley Davis, W. VA 26260 OR Condominium C-304, Herzwood Canaan Valley Davis, W. VA 26260 Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: U.S. Patent No. 5,835,087; System For Generation Of Object Profiles For A System For Customized Electronic Identification Of Desirable Objects; U.S. Patent No. 6,460,036; System And Method For Providing Customized Electronic Newspapers And Target Advertisements; U.S. Patent No. 5,758,257; System And Method For Scheduling Broadcast Of And Access To Video Programs And Other Data Using Customer Profiles Prior Art to the `067 patent, including U.S. Patent No. 6,029,192; System And Method For Locating Resources On A Network Using Resource Evaluations Derived From Electronic Messages Prior Art to the `067 patent, including U.S. Patent No. 6,092,100; Method For Intelligently Resolving Entry Of An Incorrect Uniform Resource Locator (URL) William Colyer Hill Montville, NJ Potential Prior Art Witness Maria Azua Himmel Austin, TX Potential Prior Art Witness 51319/2927709.1 18 Name Kaji Hiroyuki Contact Information Unknown Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including Japanese Patent No. 2000-132559; Information Filtering System And Profile Updating Method In The Same Prior Art to the `067 patent, including: European Patent No. 1,246,087; A Computer Implemented Method And System For Information Retrieval; European Patent No. 1,291,788; A Computer Implemented Method and System For Information Retrival Prior Art to the `067 patent, including U.S. Patent No. 6,418,431; Information Retrieval And Speech Recognition Based On Language Models Prior Art to the `067 patent, including Acquiring Lexical Knowledge From Text: A Case Study Prior Art to the `067 patent, including U.S. Patent No. 6,138,155; Method And Apparatus For Tracking Client Interaction With A Network Resource And Creating Client Profiles And Resource Database Philip Hooper Santa Clara, CA Potential Prior Art Witness Xuedong D. Huang Redmond, WA Potential Prior Art Witness P a u l Jacobs Unknown Potential Prior Art Witness Vidyut Jain 352 6th Ave., #3 Brooklyn, NY 11215 Potential Prior Art Witness 51319/2927709.1 19 Name Jun-Tae Kim Contact Information Unknown Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: Semantic Knowledge Acquisition For Information Extraction From Texts on Parallel MarkerPassing Computer, and Acquisition Of Semantic Patterns For Information Extraction From Corpora Prior Art to the `067 patent, including U.S. Patent No. 5,978,847; Attribute Pre-Fetch Of Web Pages Prior Art to the `067 patent, including Query Enhancement by User Profiles, and; Towards An Intelligent And Personalized Retrieval System Prior Art to the `067 patent, including U.S. Patent No. 6,363,377; Search Data Processor Prior Art to the `067 patent, including U.S. Patent No. 6,366,956; Relevance Access Of Internet Information Services Prior Art to the `067 patent, including U.S. Patent No. 5,519,608; Method For Extracting From A Text Corpus Answers To Questions Stated In Natural Language By Using Linguistic Analysis And Hypothesis Generation Gregory H. Kisor Beaverton, OR Potential Prior Art Witness Robert R. Korfhage Unknown Potential Prior Art Witness Dina Kravets West Windsor, NJ Potential Prior Art Witness Murali R. Krishnan Bellevue, WA Potential Prior Art Witness Julian M. Kupiec Cupertino, CA Potential Prior Art Witness 51319/2927709.1 20 Name Stephen J. Kurtzman, II Contact Information San Jose, CA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 6,044,376; Content Stream Analysis Prior Art to the `067 patent, including: A Multilevel Approach To Intelligent Information Filtering: Model, System, And Evaluation, and; Detection Of Shifts In User Interests For Personalized Information Filtering Prior Art to the `067 patent, including Indexing by Latent Semantic Analysis Prior Art to the `067 patent, including A Fuzzy Genetic Algorithm Approach To An Adaptive Information Retrieval Agent Prior Art to the `067 patent, including U.S. Patent No. 6,041,311; Method And Apparatus For Item Recommendation Using Automated Collaborative Filtering Prior Art to the `067 patent, including Automated Dictionary Construction For Information Extraction From Text Wai Yeung Lam The Chinese University of Hong Kong Shat in, Hong Kong Potential Prior Art Witness Thomas K. Landauer Bell Communications Research 435 South St. Morristown, NJ 07960 Roskilde University, Roskilde Potential Prior Art Witness Henrik Legind Larsen Potential Prior Art Witness Yezdezard Z. Lashkari Cambridge, MA Potential Prior Art Witness Wendy Lehnert Unknown Potential Prior Art Witness 51319/2927709.1 21 Name Qi Lu Contact Information San Jose, CA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 6,385,619; Automatic User Interest Profile Generation From Structured Document Access Information Prior Art to the `067 patent, including Machine Learning Of User Profiles: Representational Issues Prior Art to the `067 patent, including Acquisition Of Semantic Patterns From A Natural Corpus of Texts Prior Art to the `067 patent, including U.S. Patent No. 6,418,431; Information Retrieval And Speech Recognition Based On Language Models Prior Art to the `067 patent, including GLIMPSE: A Tool To Search Through Entire File Systems Prior Art to the `067 patent, including Machine Learning Of User Profiles: Representational Issues T. Richard MacMillan Art ificial Intelligence Technical Center, the MITRE Corp., Z40, 11820 Dolley Madison Blvd., McLean, VA 22102 IBM Italy, Rome Scientific Center, via del Giorgione 159, Roma Potential Prior Art Witness Stefano Magrini Potential Prior Art Witness Milind V. Mahajan Redmond, WA Potential Prior Art Witness Udi Manber Department of Computer Science Universit y of Arizona Tucson, AZ 85721 Art ificial Intelligence Technical Center, the MITRE Corp., Z40, 11820 Dolley Madison Blvd., McLean, VA 22102 Potential Prior Art Witness Inderjeet Mani Potential Prior Art Witness 51319/2927709.1 22 Name Joaquin Manuel Marques Contact Information Greenwich, CT Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 6,236,991; Method And System For Providing Access For Categorized Information From Online Internet And Intranet Sources Prior Art to the `067 patent, including A Fuzzy Genetic Algorithm Approach To An Adaptive Information Retrieval Agent Prior Art to the `067 patent, including: U.S. Patent No. 6,041,311; Method And Apparatus For Item Recommendation Using Automated Collaborative Filtering; U.S. Patent No. 6,049,777; ComputerImplemented Collaborative Filtering Based Method For Recommending An Item To A User Prior Art to the `067 patent, including: European Patent No. 1,246,087; A Computer Implemented Method And System For Information Retrieval; European Patent No. 1,291,788; A Computer Implemented Method and System For Information Retrival Maria J. MartinBautista Granada University Granada, Spain Potential Prior Art Witness John E. McNulty Burlington, MA Potential Prior Art Witness Carl F. Meske San Jose, CA Potential Prior Art Witness 51319/2927709.1 23 Name Max E. Metral Contact Information Boston, MA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 6,049,777; ComputerImplemented Collaborative Filtering Based Method For Recommending An Item To A User Prior Art to the `067 patent, including Acquisition Of Semantic Patterns For Information Extraction From Corpora Prior Art to the `067 patent, including U.S. Patent No. 6,236,991; Method And System For Providing Access For Categorized Information From Online Internet And Intranet Sources Prior Art to the `067 patent, including Information Filtering Based On User Behavior Analysis And Best Match Text Retrieval Prior Art to the `067 patent, including A Multilevel Approach To Intelligent Information Filtering: Model, System, And Evaluation, and; Detection Of Shifts In User Interests For Personalized Information Filtering Dan I. Moldovan Unknown Potential Prior Art Witness Michael Edward Moran Ridgewood, NJ Potential Prior Art Witness Masahiro Morita Unknown Potential Prior Art Witness Javed Mostafa Indiana University Bloomington, IN Potential Prior Art Witness 51319/2927709.1 24 Name Snehasis Mukhopadhyay Contact Information Purdue University West Lafayette, IN Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: A Multilevel Approach To Intelligent Information Filtering: Model, System, And Evaluation, and; Detection Of Shifts In User Interests For Personalized Information Filtering Prior Art to the `067 patent, including Towards An Intelligent And Personalized Retrieval System Prior Art to the `067 patent, including U.S. Patent No. 6,289,353; Intelligent Query System For Automatically Indexing In A Database And Automatically Categorizing Users Prior Art to the `067 patent, including: European Patent No. 1,246,087; A Computer Implemented Method And System For Information Retrieval; European Patent No. 1,291,788; A Computer Implemented Method and System For Information Retrival Sung H. Myaeng Unknown Potential Prior Art Witness Kristopher E. Nybakken Portland, OR Potential Prior Art Witness Mark R. Opperman Palo Alto, CA Potential Prior Art Witness 51319/2927709.1 25 Name Adrian O'Riordan Contact Information Department of Computer Science University College Cork, Ireland Stanford, CA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including An Intelligent Agent for High-Precision Text Filtering Prior Art to the `067 patent, including U.S. Patent No. 6,285,999; Method For Node Ranking In A Linked Database Prior Art to the `067 patent, including A Multilevel Approach To Intelligent Information Filtering: Model, System, And Evaluation, and; Detection Of Shifts In User Interests For Personalized Information Filtering Prior Art to the `067 patent, including U.S. Patent No. 6,236,991; Method And System For Providing Access For Categorized Information From Online Internet And Intranet Sources Prior Art to the `067 patent, including Acquisition Of Semantic Patterns From A Natural Corpus of Texts Prior Art to the `067 patent, including Learning And Revising User Profiles: The Identification Of Interesting Web Sites Lawrence Page Potential Prior Art Witness Mathew Joseph Palakal Purdue University West Lafayette, IN Potential Prior Art Witness Subhas Palchowdhury Mahopac, NY Potential Prior Art Witness Maria Teresa Pazienza Universit y of Roma, di Informatica e Sistemistica, via Boonarroll 12, Roma Potential Prior Art Witness Michael Pazzani Department of Potential Prior Art Information and Witness Computer Science Universit y of California, Irvine Irvine, CA 92697 51319/2927709.1 26 Name Jan O. Pedersen Contact Information Palo Alto, CA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 5,278,980; Iterative Technique For Phrase Query Formation And An Information Retrieval System Employing Same Prior Art to the `067 patent, including U.S. Patent No. 5,924,105; Method And Product For Determining Salient Features For Use In Information Searching Prior Art to the `067 patent, including U.S. Patent No. 6,233,575; Multilevel Taxonomy Based on Features Derived from Training Documents Classification Using Fisher Values as Discrimination Values Prior Art to the `067 patent, including U.S. Patent No. 5,890,152; Personal Feedback Browser For Obtaining Media Files Prior Art to the `067 patent, including U.S. Patent No. 5,890,152; Personal Feedback Browser For Obtaining Media Files William F. Punch, III Williamston, MI Potential Prior Art Witness Prabhakar Raghavan Saratoga, CA Potential Prior Art Witness Jeffrey Alan Rapaport 362 West Olive Ave. Sunnyvale, CA 94086 Potential Prior Art Witness Seymour Alvin Rapaport 1050 Crooked Creek Dr. Potential Prior Art Los Altos, CA 94024 Witness 51319/2927709.1 27 Name Kenneth W. Reese Contact Information Portland, OR Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: U.S. Patent No. 6,374,237; Data Set Selection Based Upon User Profile; U.S. Patent No. 5,978,847; Attribute Pre-Fetch Of Web Pages Prior Art to the `067 patent, including Automated Dictionary Construction For Information Extraction From Text Prior Art to the `067 patent, including U.S. Patent No. 5,758,257; System And Method For Scheduling Broadcast Of And Access To Video Programs And Other Data Using Customer Profiles Prior Art to the `067 patent, including U.S. Patent No. 5,659,766; Method And Apparatus For Inferring The Topical Content Of A Document Based Upon Its Lexical Content Without Supervision Prior Art to the `067 patent, including U.S. Patent No. 6,236,991; Method And System For Providing Access For Categorized Information From Online Internet And Intranet Sources Ellen Riloff Unknown Potential Prior Art Witness Marcos Salganicoff 2425 Olive St. Philadelphia, PA 19130 Potential Prior Art Witness Eric Saund San Carlos, CA Potential Prior Art Witness Jeffrey Stephen Schaffer Ridgefield, CT Potential Prior Art Witness 51319/2927709.1 28 Name Hinrich Schuetze Contact Information Stanford, CA Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 5,675,819; Document Information Retrieval Using Global Word Co-Occurrence Patterns Prior Art to the `067 patent, including U.S. Patent No. 6,049,777; ComputerImplemented Collaborative Filtering Based Method For Recommending An Item To A User Prior Art to the `067 patent, including Information Filtering Based On User Behavior Analysis And Best Match Text Retrieval Prior Art to the `067 patent, including: U.S. Patent No. 5,778,380; Intelligent Resource Transformation Engine For Translating Files; European Patent No. 674,282; Method And Apparatus For Searching In Repositories Of Information Resources Prior Art to the `067 patent, including An Intelligent Agent for High-Precision Text Filtering Jonathan Ari Sheena Cambridge, MA Potential Prior Art Witness Yoichi Shinoda Unknown Potential Prior Art Witness David M. Siefert Englewood, OH Potential Prior Art Witness Humphrey Sorensen Department of Computer Science University College Cork, Ireland Potential Prior Art Witness 51319/2927709.1 29 Name Danny Sullivan Contact Information Connection to Case Knowledge Prior Art to the `067 patent, including Direct Hit Debuts Personalized Search, and; Global Brain To Offer Profile Searching Prior Art to the `067 patent, including U.S. Patent No. 6,049,777; ComputerImplemented Collaborative Filtering Based Method For Recommending An Item To A User Prior Art to the `067 patent, including WebMate: A Personal Agent For Browsing And Searching Prior Art to the `067 patent, including U.S. Patent No. 6,385,619; Automatic User Interest Profile Generation From Structured Document Access Information Prior Art to the `067 patent, including U.S. Patent No. 6,029,192; System And Method For Locating Resources On A Network Using Resource Evaluations Derived From Electronic Messages http://calafia.com/forms/ Potential Prior Art feedform.htm Witness James J. Sullivan Arlington, MA Potential Prior Art Witness Kat ia Sycara The Robotics Institute Carnegie Mellon University Pittsburgh, PA 15213 Champaign, IL Potential Prior Art Witness Shang-Hua Teng Potential Prior Art Witness Loren Gilbert Terveen Basking Ridge, NJ Potential Prior Art Witness 51319/2927709.1 30 Name Eric Thelen Contact Information Aachen, DE Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: U.S. Patent No. 6,363,348; User ModelImprovement-DataDriven Selection And Update Of UserOriented Recognition Model Of A Given Type For Word Recognition At Network Server; U.S. Patent No. 6,430,551; Vocabulary And/Or Language Model Training Prior Art to the `067 patent, including U.S. Patent No. 5,278,980; Iterative Technique For Phrase Query Formation And An Information Retrieval System Employing Same Prior Art to the `067 patent, including U.S. Patent No. 5,418,948; Concept Matching Of Natural Language Queries With A Database Of Document Concepts John W. Tukey Princeton, NJ Potential Prior Art Witness Howard R. Turtle Woodbury, MN Potential Prior Art Witness 51319/2927709.1 31 Name Lyle H. Ungar Contact Information 321 S. 20th St. Philadelphia, PA 19103 Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including: U.S. Patent No. 5,835,087; System For Generation Of Object Profiles For A System For Customized Electronic Identification Of Desirable Objects; U.S. Patent No. 5,758,257; System And Method For Scheduling Broadcast Of And Access To Video Programs And Other Data Using Customer Profiles Prior Art to the `067 patent, including U.S. Patent No. 5,933,822; Apparatus And Methods For An Information Retrieval System That Employs Natural Language Processing Of Search Results To Improve Overall Precision Prior Art to the `067 patent, including Acquisition Of Semantic Patterns From A Natural Corpus of Texts Prior Art to the `067 patent, including A Fuzzy Genetic Algorithm Approach To An Adaptive Information Retrieval Agent Lucy H . Vanderwende Bellevue, WA Potential Prior Art Witness Paolo Velardi Universit y of Ancona, Istituto di Informatica, via Brecce Bianche, Ancona Potential Prior Art Witness Amparo Vila Granada University Granada, Spain Potential Prior Art Witness 51319/2927709.1 32 Name David Wachob Contact Information 8379 Glen Rd. Elkins Park, PA 19117 Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including U.S. Patent No. 5,758,257; System And Method For Scheduling Broadcast Of And Access To Video Programs And Other Data Using Customer Profiles Prior Art to the `067 patent, including U.S. Patent No. 6,363,377; Search Data Processor Prior Art to the `067 patent, including United Kingdom Patent No. 2,335,761; Information Search Using User Profile Prior Art to the `067 patent, including U.S. Patent No. 5,940,821; Information Presentation In A Knowledge Base Search And Retrieval System Prior Art to the `067 patent, including GLIMPSE: A Tool To Search Through Entire File Systems Prior Art to the `067 patent, including U.S. Patent No. 5,924,105; Method And Product For Determining Salient Features For Use In Information Searching Suz Hsi Wan Princeton, NJ Potential Prior Art Witness Michael Weiss Unknown Potential Prior Art Witness Kelly Wical San Carlos, CA Potential Prior Art Witness Sun Wu Marilyn R. Wulfekuhler Department of Computer Sciences National Chung-Cheng University Ming-Shohng, Chia-Yi, Taiwan Lansing, MI Potential Prior Art Witness Potential Prior Art Witness 51319/2927709.1 33 Name Morimoto Yasutsusugu Contact Information Unknown Connection to Case Potential Prior Art Witness Knowledge Prior Art to the `067 patent, including Japanese Patent No. 2000-132559; Information Filtering System And Profile Updating Method In The Same Prior Art to the `067 patent, including Japanese Patent No. 2000-132559; Information Filtering System And Profile Updating Method In The Same Prior Art to the `067 patent, including: Acquiring Lexical Knowledge From Text: A Case Study, and; Lexical Acquisition: Exploiting On-Line Resources To Build A Lexicon Prior Art to the `067 patent, including U.S. Patent No. 5,758,257; System And Method For Scheduling Broadcast Of And Access To Video Programs And Other Data Using Customer Profiles Mishina Yusuke Unknown Potential Prior Art Witness Uri Zernik Unknown Potential Prior Art Witness Jian Zhang 836 Cooper Landing Rd., Apt. #421E Cherry Hill, NJ 08002 Potential Prior Art Witness In addition to the above-listed individuals, Google incorporates by reference the individuals disclosed by PA Advisors, Yahoo!, and 24/7 Real Media pursuant to Fed. R. Civ. P. 26 as if set forth fully herein. Google may learn the identities of additional wit nesses possessing information relevant under Fed. R. Civ. P. 26(a)(1) who are presently unknown to it, or it may come to appreciate that certain individuals known to them possess such information, and Google 51319/2927709.1 34 expressly reserves the right to supplement this response pursuant to Fed. R. Civ. P. 26(e) as its investigation continues. V. CATEGORIES AND LOCATIONS OF DOCUMENTS Pursuant to Fed. R. Civ. P. 26(a)(1)(B), Google will make available documents that are in the possession, custody, or control of Google and that Google believes may be used to support its claims or defenses. Google provides below a list of the categories of documents that are in its possession, custody, or control and that it believes may be used to support its claims or defenses: Informat ion relating to the structure, characteristics, and operation of the accused features of the Accused Instrumentalities, Informat ion relating to the invalidity of the '067 patent Such documents will be made available at the offices of Quinn Emanuel Urquhart Oliver & Hedges, LLP, 555 Twin Dolphin Drive, Suite 560, Redwood Shores, California 94065. Google will produce documents as required by the Court's Orders or agreement of the parties. Google may learn of additional documents relevant under Fed. R. Civ. P. 26(a)(1) that are presently unknown to it, or it may come to appreciate that certain documents are relevant. Google will appropriately supplement its initial disclosures to reflect such additional information. VI. DAMAGES Google may seek attorneys' fees and costs pursuant to 35 U.S.C. 285. VII. INDEMNITY AND INSURING AGREEMENTS Google is not aware at this time of any indemnit y or insuring agreements under which any person or entity may be liable to satisfy part or all of any judgment entered in this action against Google, or to indemnify Google for payments made to satisfy any such judgment. 51319/2927709.1 35 VIII. SETTLEMENT AGREEMENTS Other than settlement agreements of other defendants to this action, Google is not aware at this time of any settlement agreement related to the subject matter of this action. IX. STATEMENT OF ANY PARTY At the present time, Google has no statements other than those disclosed above and those that may be produced in documents pursuant to the schedule set forth in the Agreed Docket Control Order. X. TESTIFYING EXPERTS Google has not yet determined whom its testifying experts will be in this matter. By agreement of the parties, Google will provide this information at the time of the Markman hearing in this action. 51319/2927709.1 36 Dated: May 18, 2009 Respect fully submitted, Michael Ernest Richardson BECK REDDEN & SECREST 1221 McKinney, Suite 4500 Houston, TX 77010-2010 Telephone: (713) 951-6284 Facsimile: (713) 951-3720 Email: mrichardson@brsfirm.com QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: /s/ Brian C. Cannon ____________ Brian C. Cannon (CA Bar No. 193071) Quinn Emanuel Urquhart Oliver & Hedges 555 Twin Dolphin Dr, Suite 560 Redwood Shores, CA 94065 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 Email: briancannon@quinnemanuel.com ATTORNEYS FOR DEFENDANT GOOGLE, INC. 51319/2927709.1 37 CERTIFICATE OF SERVICE I hereby certify pursuant to 28 U.S.C. 1746 under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. On May 18, 2009, I caused to be served the foregoing Google's Inc.'s Second Supplemental Initial Disclosures by email, on the following persons at the identified addresses: Andrew Wesley Spangler Kim Lawrason Spangler Law PC 208 N. Green St., Suite 300 Longview, TX 75601 903-753-9300 Fax: 903-553-0403 Email: spangler@spanglerlawpc.com Email: klawrason@spanglerlawpc.com David Michael Pridham Law Office of David Pridham 25 Linden Road Barrington, RI 02806 401-633-7247 Fax: 401-633-7247 Email: david@PridhamIPLaw.com Patrick Rolf Anderson Patrick R. Anderson, PLLC 4225 Miller Rd., Bldg. B-9, Suite 358 Flint, MI 48507 517-303-4806 Fax: 248-928-9239 Email: patrick@prapllc.com John J. Edmonds The Edmonds Law Firm, PC 709 Sabine Street Houston, TX 77007 713-858-3320 Fax: 832-415-2535 Email: johnedmonds@edmondslegal.com ATTORNEYS FOR PLAINTIFF PA ADVISORS, LLC Jason C White Howrey LLP - Chicago 321 North Clark Street Suite 3400 Chicago, IL 60610 312/846-4680 Fax: 312/602-3986 Email: whitej@howrey.com John Frederick Bufe Potter Minton 51319/2927709.1 38 P. O. Box 359 Tyler, TX 75710 903/597/8311 Fax: 9035930846 Email: johnbufe@potterminton.com Michael Edwin Jones Potter Minton PC 110 N College Suite 500 PO Box 359 Tyler, TX 75710-0359 903/597/8311 Fax: 9035930846 Email: mikejones@potterminton.com ATTORNEYS FOR DEFENDANT YAHOO! INC. Dated: May 18, 2009 /s/ Andrea Pallios Roberts _____ 51319/2927709.1 39

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