PA Advisors, LLC v. Google Inc. et al

Filing 272

CLAIM CONSTRUCTION CHART filed by PA Advisors, LLC, Google Inc., Yahoo! Inc.. (Cannon, Brian)

PA Advisors, LLC v. Google Inc. et al

Doc. 272

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE, INC., et al, Defendants JOINT CLAIM CONSTRUCTION CHART Pursuant to P.R. 4-5(d), Plaintiff nXn Tech, LLC, f/k/a PA Advisor's LLC ("nXn") and Defendants Google Inc. and Yahoo! Inc. (collectively, "Defendants") hereby submit their Joint Claim Construction Chart. Attached hereto as Exhibit A is the Joint Claim Construction Chart, which includes the currently disputed claim terms and phrases, the parties' proposed constructions, and a column for the Court's construction. Also submitted to the Court is a disk containing the above-referenced document in WordPerfect format. Civil Action No 2:07-cv-480-DF

DATED: September 9, 2009

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Dockets.Justia.com

Respectfully submitted, /s/ Andrew Wesley Spangler Spangler Law PC 208 N. Green St., Suite 300 Longview, TX 75601 903-753-9300 Fax: [phone] Email: [e-mail] David Michael Pridham David Pridham Law Office of David Pridham 25 Linden Road Barrington, RI 02806 401-633-7247 Fax: [phone] Email: [e-mail] Patrick Rolf Anderson Patrick R. Anderson, PLLC 4225 Miller Rd., Bldg. B-9, Suite 358 Flint, MI 48507 517-303-4806 Fax: [phone] Email: [e-mail] Ari Rafilson The Rafilson Law Firm, PLLC 1318 Royal Palm Lane Carrollton, TX 75007 [phone] Fax: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF PA ADVISORS, LLC John M. Bustamante [e-mail] BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. [phone] Fax. [phone] Mark Fenster Stanley Thompson Russ, August & Kabat 12424 Wilshire Boulevard, 12th Floor Los Angeles, CA 90025 [phone] Fax: [phone] Email: [e-mail] Email: [e-mail]

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/s/ Jason C White Howrey LLP - Chicago 321 North Clark Street Suite 3400 Chicago, IL 60610 312/846-4680 Fax: [phone] Email: [e-mail] John Frederick Bufe Potter Minton P. O. Box 359 Tyler, TX 75710 903/597/8311 Fax: [phone] Email: [e-mail] Michael Edwin Jones Potter Minton PC 110 N College Suite 500 PO Box 359 Tyler, TX 75710-0359 903/597/8311 Fax: [phone] Email: [e-mail] ATTORNEYS FOR DEFENDANT YAHOO! INC.

/s/ Brian C Cannon Quinn Emanuel Urquhart Oliver & Hedges Redwood 555 Twin Dolphin Dr Suite 560 Redwood Shores, CA 94065 650/801-5000 Fax: [phone] Email: [e-mail] Charles K. Verhoeven California Bar No. 170151 [e-mail] Quinn Emanuel Urquhart Oliver & Hedges LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Tel: [phone] Fax: [phone] David J. Beck Texas Bar No. 00000070 [e-mail] Michael E. Richardson Texas Bar No. 240002838 [e-mail] Beck Redden & Secrest 1221 McKinney Street, Suite 4500 One Houston Center Houston, TX 77010-2020 Tel: [phone] Fax: [phone] ATTORNEYS FOR DEFENDANT GOOGLE INC. .

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who are deemed to have consented to electronic service on the 9th of May, 2009. Local Rule CV5(a)(3)(A). /s/ Brian C. Cannon_________________ Brian C. Cannon

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART

Claim 1. A data processing method for enabling a user utilizing a local computer system having a local data storage system to locate desired data from a plurality of data items stored in a remote data storage system in a remote computer system, the remote computer system being linked to the local computer system by a telecommunication link, the method comprising the steps of:

Disputed Term/Phrase for Construction A. Linguistic Pattern

Plaintiff's Proposed Construction A combination of various parts of speech (nouns, verbs, adjectives, etc.).

B. Segment

A part of a sentence.

Defendant's Proposed Construction A repeating combination of various parts of speech (nouns, verbs, adjectives, etc.) that reflect the author's cultural, educational, social backgrounds and the author's psychological profile that occurs in texts composed by the author. One or more predetermined types of parts of speech arranged in a predetermined order.

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction C. User Profile/User Data Profile Defendant's Proposed Construction A file containing information representative of a specific user's linguistic patterns and the frequencies with which these patterns recur in texts that are: (i) submitted by the user or (ii) associated with the user and automatically acquired by the system, without identifying any background or private information about the user. A file containing a data item's address, the linguistic patterns of the data item, and the frequencies with which those patterns recur. A file that includes information about the linguistic patterns in search request data.

Claim (a) extracting, by one of the local computer system and the remote computer system, a user profile from user linguistic data previously provided by the user, said user data profile being representative of a first linguistic pattern of the said user linguistic data;

Plaintiff's Proposed Construction A collection of information about a user.

Court's Construction

(b) constructing, by the remote computer system, a plurality of data item profiles, each plural data item profile corresponding D. Data Item Profile to a different one of each plural data item stored in the remote data storage system, each of said plural data item profiles being representative of a second linguistic E. Search Request pattern of a corresponding plural Profile data item, each said plural second linguistic

A collection of information about a data item.

A collection of information about a search request.

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction F. Psychological Profile Defendant's Proposed Construction Indefinite; One or more profiles pertaining to mental processes. Documents, websites, and other textual data that may be subjected to a search by a user. Textual data supplied by the user or adopted by that user as favorite that contain certain recurring linguistic patterns. The user linguistic data is not part of the user profile, but is the text from which the patterns are extracted to create the user profile. A series of words that is long enough to be broken into sentences such that linguistic patterns can be extracted.

Claim pattern being substantially unique to each corresponding plural data item;

Plaintiff's Proposed Construction Information regarding the behavioral and/or personality traits of a person. A document, web site or other piece of textual data that may be searched. Text, including text either generated or adopted by the user.

Court's Construction

G. Data Item (c) providing, by the user to the local computer system, search request data representative of the H. User Linguistic user's expressed desire Data* to locate data substantially pertaining to said search request data; (d) extracting, by one of the local computer system and the remote computer system, a search request profile from said search request data, said search request profile being representative of a third linguistic pattern of said search request data; (e) determining, by one of the local computer

I. Text Item*

A piece of text.

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction J. Search Request Data Defendant's Proposed Construction A search string entered by a user to the system that includes at least one linguistic pattern and that is representative of the data or information that the user wishes to locate.

Claim system and the remote computer system, a first similarity factor representative of a first correlation between said search request profile and said user profile by comparing said search request profile to said user

Plaintiff's Proposed Construction A search string entered by a user to the system.

Court's Construction

The parties were unable to reach agreement as to the inclusion of these claim terms. Plaintiff's position is that these claim terms were originally proposed for construction by Defendants, but were not addressed in either brief filed by Defendants. Consequently, nXn believes that no construction is necessary for these terms, and they are included in this chart at Defendants' request. Defendant disagrees. See, e.g., Responsive Brief at pp. 19, 25.

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction K. User Segment Count Defendant's Proposed Construction [AGREED]

Claim profile; (f) determining, by one of the local computer system and the remote computer system, a plurality of second similarity factors, each said plural second similarity factor being representative of a second correlation between said search request profile and a different one of said plural data item profiles, by comparing said search request profile to each of said plural data item profiles; (g) calculating, by one of the local computer system and the remote computer system, a final match factor for each of said plural data item profiles, by adding said first similarity factor to at least one of said plural second similarity factors in accordance with at least one intersection between said first correlation and said second correlation; (h) selecting, by one of

Plaintiff's Proposed Construction [AGREED]

Court's Construction The number of times that a segment appears in a segment group.

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim 3. The method of claim 1, wherein said user linguistic data comprises at least one of: personal textual data generated by the user and favorite textual data generated by a source other than the user and that the user has adopted as being favorite. The method of claim 1, wherein said user linguistic data comprises at least one text item, each said at least one text item comprising at least one sentence. The method of claim 1, further comprising the step of: (l) prior to said step (a), determining, by one of the local computer system and the remote computer system, whether an existing user data profile is stored in one of the local data

Plaintiff's Proposed Construction

Court's Construction

4.

6.

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim storage system and the remote data storage system, and: 1) when an existing user data profile is stored in one of the local data storage system and the remote data storage system, retrieving said existing user data profile and proceeding to said step (b); and 2) when an existing user data profile is not stored in one of the local data storage system and the remote data storage system, proceeding to said step (a). 43. The method of claim 1, wherein said step (h) comprises the steps of: (vvv) selecting, by one of the local computer system and the remote computer system, a portion of said plural data items corresponding to a

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim predetermined number of plural data item profiles having highest final match factors; and wherein said step (i) comprises the step of: (www) retrieving, by one of the local computer system and the remote computer system from the remote data storage system, said selected data items for display to the user, such that the user is presented with a group of data items having linguistic characteristics that substantially correspond to linguistic characteristics of the linguistic data generated by the user, whereby the linguistic characteristics of the data items correspond to the user's social, cultural, educational, economic background as well as to the user's

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim 45. psychological profile. A data processing method for generating a user data profile representative of a user's social, cultural, educational, economic background and of the user's psychological profile, the method being implemented in a computer system having a storage system, comprising the steps of: (a) retrieving, by the computer system, user linguistic data previously provided by the user, said user linguistic data comprising at least one text item, each said at least one text item comprising at least one sentence; (b) generating, by the computer system, an empty user data profile; (c) retrieving, by the computer system, a

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim text item from said user linguistic data; (d) separating, by the computer system, said text item into at least one sentence; (e) extracting, from each of said at least one sentence, by the computer system, at least one segment representative of a linguistic pattern of each sentence of said at least one sentence; (f) adding, by the computer system, at least one segment extracted at said step (e) to said user data profile; (g) repeating, by the computer system, said steps (c) to (f) for each text item of said at least one text item in said user linguistic data; (h) generating at least one user segment

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim group, by the computer system, by grouping together identical segments of said at least one segment; (i) determining a user segment count, by the computer system, for each user segment group of said at least one user segment group, each said user segment count being representative of a number of identical segments in the corresponding user segment group of said at least one user segment group, and linking each said user segment count to the corresponding user segment group of said at least one user segment group; (j) sorting the user segment groups of said at least one user segment group, by the computer system, in an descending order of user segment counts

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim starting from a user segment group having a highest user segment count, and recording said user segment groups and corresponding user segment counts in said user data profile; and (k) storing, by the computer system, said user data profile, representative of an overall linguistic pattern of the user, in the data storage system, said overall linguistic pattern substantially corresponding to the user's social, cultural, educational, economic background and to the user's psychological profile. 47. The method of claim 45, wherein said user linguistic data comprises at least one of: personal textual data generated by the user and favorite textual data generated

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim by a source other than the user and that the user has adopted as being favorite. 56. The method of claim 45, wherein said step (k) further comprises the step of: (u) encrypting said user data profile such that said encrypted user data profile may only be utilized when an authorization is received from the user. 60. A data processing system, comprising a computer system having a data storage system, for enabling a user of the computer system to locate desired data from a plurality of data items stored in the data storage system, the data processing system comprising: first extracting means for extracting a user profile from user

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim linguistic data previously provided by the user, said user data profile being representative of a first linguistic pattern of the said user linguistic data; first control means for constructing a plurality of data item profiles, each plural data item profile corresponding to a different one of each plural data item stored in the data storage system, each of said plural data item profiles being representative of a second linguistic pattern of a corresponding plural data item, each said plural second linguistic pattern being substantially unique to each corresponding plural data item; first input means for acquiring search request data from the

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim user, said search request data being representative of the user's expressed desire to locate data in the storage system substantially pertaining to said search request data; second extracting means, connected to said first input means, for extracting a search request profile from said acquired search request data, said search request profile being representative of a third linguistic pattern of said search request data; second control means, connected to said first extracting means and said second extracting means, for determining a first similarity factor representative of a first correlation between said search request profile and said user profile by comparing said search request

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim profile to said user profile; third control means, connected to said first control means and said second extracting means, for determining a plurality of second similarity factors, each said plural second similarity factor being representative of a second correlation between said search request profile and a different one of said plural data item profiles, by comparing said search request profile to each of said plural data item profiles; fourth control means, connected to said second an said third control means, for calculating a final match factor for each of said plural data item profiles, by adding said first similarity factor to at least one of said plural

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim second similarity factors in accordance with at least one intersection between said first correlation and said second correlation; first selection means, connected to said fourth control means, for selecting one of said plural data items corresponding to a plural data item profile having a highest final match factor; and first retrieving means, connected to said first selection means, for retrieving, from the data storage system, said selected data item for display to the user, such that the user is presented with a data item having linguistic characteristics that substantially correspond to linguistic characteristics of the linguistic data

Plaintiff's Proposed Construction

Court's Construction

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EXHIBIT A­PARTIES' JOINT CLAIM CONSTRUCTION CHART Disputed Term/Phrase for Construction Defendant's Proposed Construction

Claim generated by the user, whereby the linguistic characteristics of the data item correspond to the user's social, cultural, educational, economic background as well as to the user's psychological profile. 61. The method of claim 1, wherein the remote computer system comprises a plurality of computer systems connected to the Internet and the World Wide Web.

Plaintiff's Proposed Construction

Court's Construction

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