Software Rights Archive, LLC v. Google Inc. et al

Filing 218

MOTION to Strike 198 Opposed MOTION Granting Defendants Leave to Amend and Supplement Invalidity Contentions by Software Rights Archive, LLC. Responses due by 2/2/2010 (Attachments: # 1 Affidavit Declaration of L Kaplan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Kaplan, Lee)

Software Rights Archive, LLC v. Google Inc. et al

Doc. 218 Att. 4

Exhibit 3

Dockets.Justia.com

INALIIT CL CHT FOR U.S. PATE No. 5,832,494 BASED ON "COMPARG Tw .ÁàOR111MS FOR USIN CITATION LINS," JULIE BICHLE

DOCU RETREVAL
AN EDWAR EATON (1977) ("BICHELER & EATON, 1977)

1. Ametod of

analyzg a daase with indirect
where the opcraona definion of exhbit si. citation

Bichteler &Eaon, e:g.,at 192 ("Schiovichhas proposed a 'bibliographic patrn

relaoiihips, using li and nodes, comprising the

stpsot:

diovery algorith' which fmds clustrs of relat docuents ina collection, 'relat' is tht the docent in a clustr must
paern. Thus, it maes use of the noton of bibliograhic

couplin, fist defned by Kessler (2): two docuents have one unt of coupling between t1iemifthey eac cite a third documenC).
See also Backgroun&

Bichteler & Ean, e.g., at 192 ("The alorith itself operas only on a lin table

which indicaes for each document whether or not it possesses each of a set of atbutes. The atbutes may reresent citaons. . . .'J.

See also Backgound and Metodolog.

Generag cadidae clustr lins for the selected
an
discovery algorith' which fids clusters of

Bichteler & Eaon, e.g.; at 192 ("Schiovich ha prpoed a 'bibliographic pat
relaed docents in a collecon,
. where the operonal defition of 'relat' is th the. docuents in a cluster mus
exibit simlar citaon pattrns. Thus, it makès use of the notion of bibliograhic

node, wherein the stp òf generatig compri

analysis of one or more indirect relatonships in the

dataase;

coupling, firs defied by Kessler (2): two documents have one unt of coupling beeen them if th each ci a thir dócumènt. . . . The algorith itself operates
only

on a lin tale 'which indcates for each document whether or not it possesses

each ofaseofatbutes. The atlributesmay represent attbute ar provided by one or more docents,

citaons ... .. Theac
which can be ~dersood to. be. an.
the docents iIi an inital cluser to provide new atbutes~

inial sed point or points for the clusr or clusters to be formed. . The algorith ca
be applied again using

to each."). .

if more than one clusr of documents is found inaly, the algoritlcan be applied

. See also Background and Methodolog.

Derivig actal clustr links frm the cadida

Bichteler & Eaton, e.g.~ at .193 (" Alougthe Schimino"ichalgorith is a
successfl retreval produr, it does seem to require a minimum of two

clustr links;

passes
thugh the file represeting the docuent collecton, one pasS each cycht")

sf-2631576
"

1

See also Backgrund, Purpose, and Metodology.
Disclosd either expressy or inerently in the teachigs of incorprated dislosures tacn as a wholc, or in combinon with the st of at thc tie of

identfyg one or more noes for display; and
the aleged invention, as evidenced by substatial otler references

the reference and its the ar

idenfied in Defendats' P. R. 3-3 stement and accompanying cha. Rather th
. repeat those disclosures here~ they ar incorprad by reference into tlis char.
Disclosed eitier expressly or inerenty in: the techngs of incorporad disclosures taen as a whole, or in combinon with the st of

displaying tle identity of one or more nodes usg

the ac cluster lins.

at the tie of the aleged invention, as eviden~ by substal other references
repeat Disclosed either exressly or inherenty in the teings of

the reference and its the ar

identified in Defendats' P. R. 3-3 stament and accompanying cha. Raer than
those disclosures here, they ar incorpraed by reference into tls cha.

2. The metod of clai 1 wherein each lin is given

the refernce and it

a lengt, the stp of generag the cadidae clustr incorprad disclosurs taen as a whole, or in combination with the stte of the ar
at the tie of the aleged invention, as evdence by substtial oter references
idenfied in Defendan' P. R 3-3 stmen an accompanyi cha,

lins comprises the stps of: .

Rather th

repeat those disclosurs here, they ar incorpra by reference in ths cha.

Choosin anwnher as the maxum number of link Disclosed either expressly or inherently in the teings of the reerence and its leng th "\ilt be exaned; and incorporated disclosures taen as a whole, or in combination with the st of the art
at the time of identified

the aleged inventon, as evidence by substtial other references
and accompanying

in Defen~ts' P. R 3-3 stement

cha. Ratherth

repeat those. disclosus here, they ar incorpradby reference into this char.
Disclosd either exPressly or inerntly in tlè tehings oftle reference and it

exag only those lin which ar less th the

maxum number of link leng.

incorpmed disclosures taen as a whole, or in combintion wlth the st of the ar

at the tie of tle aleged inventon, as evidece by substal otel" references
identied in Defedats' P. R. 3-3. stment and accompanying char. Raer than
reat those disclosures here, they ar incorpra by refel"ence into ths char

3. The method of claim 1 wherein the stp of

Disclosd either expressly or inherenty in. the tehings ofthê referece andits
. incorporated disclosurs taen as a whole, or in combination with the st of the ar

derivig ac clustr li comprises the step of:

selecg the top rated cadidae cluster lins,

wherein the top ra cadida cluser link ar

at tle tie of the aleged invention, as evdenced by substtial otler references identfied in Defedats1 P. R 3~3 stment and acmpanyìng cha. Rather th
repeat those disclosus here, they ar incorprad by. referece into ths cha

those wlûch ar most

closely lied to the nod

underanysisc

sf-2631576

2

5. claim 1 wherein Dìsclosd either exprèssly' or inerenty in the tehigs of

The

method of

the step of

the refèce and its

genera the cadidate clusr lis comprises the

step

of:
repeat those disclos here, they ar incorpra by referece into ths cha.

incorporad disclosures taen as a whole, or in combition with the stte of the ar at the tie of the aleged invenon, as evidence by substtial other references
identified. in Defendants' P. R. 3-3 sttement and accompanying cha. Ratherth

elimatg cadidate clusr link. wherein the

nmnber of cadida cluster li is lite and the

closest candida clustr liks at chosen over the

reaining link. .
Disclosed eiter expressly or inerenty in the teachigs of incorporad diclosures taen as a whole, or in combintion with the st at the time of

7. 1l. metod of clai 1, wherein one or more

nodes provide extrnalconneetons to object

the reference and its of the ar

extrn to the datase, the method fuer

the aleged invention, as evidenced by substtial oter references

. compriing th stps of:

identied in Defendan' P. R. 3-3. stement and accompanying char. . Rather than
repeat those disclosures here, they ar incorpra by reference into ths char.
Disclosed eiter expressly. or inerenty in the teachigs of the reference and it
inCorporad disclosures taken at the tie of as a whole, or in combintion ,Vith the st of

Actvatg the desired node; and

the ar

the aleged invention, as evidenced by substtial other references

idented in Defendats' P. R. 3..3 stment and accompanying cha. Ratherthan repeat those disclosures here ,they ar incorpraed by reference into ths cha.
Disclos either exressly orinhereody in the tehings. of

Acceing th extrnal objec linedtò the node.
at the time of the aleged invention, as

the reference and its
evdence by substtial o1herreferences

incorprad dilosus taen as, a whole, or in combination with the st of the ar

identified in I)efe~ts' P. R. .3-3 stent an accopanying ch. Rather th repeat those disclosus here, they ar incorpra by reference into ths chart.
wherein the

8. Th m.ofclaim 7,

extrnal

Disclosed either expressly or inerenty in th teahing. oftherefereIlce and its

,objec is an independent applicaton.

incoiporad disclosures taen as a. whole, or in combinon \oth the st of the ar
at the ti of the aleged inventon, as evidenced by substal other references

which ca be execute in bacground; the method fuer

. comprisig die st of:

identied in Defenda' P. R. 3-3 stemen and acmpanying char; Raer than
reat those disclosures here, they ar iQ.corprad by referece into this cha.
Disclosed either expressly or inherenty in the teachigs of

execug the independent applicaon.
at

the referen.ce and its

incorpoiaed disclosus taen as a whole, or in combintion with the st of the tie of the aleged invention,

the ar
as evidence by substti other references

identied in Defendats' P. R. 3-3 stment and accompanying ch. Rather than

repeat thos disclosres here, they ar incorpra by reference into ths cha.

sf-263

1576

3

9. The method of clai 8, wherein one or more
Disclosd either exressly or inhernty in the tehigs of incoiporad disclosurs taen as a whole, or in combintion with the ste of at the tie of

the. refece and its
the ar

nodes proVide links to more th one indepedent applicaon which can be execd as an extnsion,

the method fuer compriing the stps or.
Disclosed either expressly or inherenty in the techings of inèOrpead diclosurs taen as a whole, or in combinon with

the aleged invention, as evidence by substtial oter references

identified in Defedats' P. R. 3-3 stment and acèOmpanyingch. Rather th

repeat those disclosurs here, thy ar incorprad by reference in ths cha.
the reference and its
step of accessing accesses

displaying a list of independent applicaons linked

to the node, wherein the

an independent applicaon.

the state of the ar at the time of th. alleged invention, as evdenced by substtial other references

identified in Defendats~ P. R 3-3 stment and acmpaning cha. Rather th
repeat those disclosurs here, they ar incorpra by reference in this cha.

10. The metod of claiIr 8, wherein the connecton
at the ti of the alleged invention, as evidenced

Disclosd either expressly or inerenty in the techis of the reerence and its
incoiporated diclosures taen as a whole, OT in combination with the stte of by substatial other the

proYides the indepedent applicaon accss to the

inonnaton. stred withn the dabas.

ar

references identified in Defendats'P. R. 3-3 steinent and accompanying cha. Raer th
expressly or inerenty in the tehigs of

repeat those disclosure here, they ar incorpra by reference into ths char.
Disclos either

11, The metod of claim 7, wherein the extrnal

the referece and its

connecton is to another computer, wherein

inormaton is loc that ca be accse, the ste

of acsi

fuer comprisi the step

of:
. Disclosed eiter

incoiporad dilosus taen as a whole, or in combition with the stte of the ar at 1hetie of the alleged invention, as evidence by substtial other references identified in Defenda' P. R 3-3 stteent and accompanying cha. Ratheithai
repeat those disclosres here, they ar incorpra by reference iii ths cha.
exressly or inerenty in the teachings of

acssing the infonion loeadwithii th

the referece an it

computer.

incolporad disclosus taen as a whole, or in combiion with the st of the ar
attle tie oftle alleged invention,. as C\idence by substtial o1herreferences

identified in Defendats! P. 'R 3-3 stment and acmpanyig cha.'. Raer th
lrepeat those disclosus here, they ar incorpra by referece. into ths cha. .

12. A metod for detmiing the proxi of

an'

Bichteler & Eaton e.g., at 192 ("SchnoYicl håproposd a 'bibliogrhic patem

object in a

discvery algoribnl which finds clUSrs of relat documents in a collecon,

stre datas to anoter object in the . stre daase using inirct relaonships, lins, .

where the operational defition of 'rela~ is th the. docent in a clustr mus
exhbit simi citaon pattems, Thus, it makes use of the notion of bibliograhic

an a display, compriing:

'coupl.ng~ firs defined by.Kessler (2):. two dOcuments have on uDItof coupling beeen them if thy eah cite a third docuent.").

See.also Backgound.

,. c:.,t,

11,1

sf-263

1576

4

Selecting an object to det th proxûty of
Bichteler & :en, e:g., at 192 (''Te algorith itself operas only on a li tale

other objects to tle select object~ ..

. which indicas for eah docuent wheter or not it possesses each of a set of
atbutes. The atbutes may represent citaons . . . .') See also Backgound and Methodolog.

generang a candida clustr li set for the selectd object, whereii the generng stp
wher the operonal defition of exhbit simila citaon parns. Thus, it makes use of the notion of

Bichteler & Eaton, e.g., at 192 ("Schovich has propoed a. 'bibliographic patrn discvery algorithnl which fids clustrs of related document in a collecon,
'relat' is that the docwnents in a cluster must

... includes an analysiS of one or more indirect relationships in the dabase~
beteen them if they eac cite

bibliograhic

couplin, fi defied by Kessler (2): two documents have one unit of coupling

a third document. . . . The algorith itslf operates
The act

only on a lin tale which incaes for each docuent whether or not itposs~sses
each of a set of atbutes. The atbutes may represent citaons. .. .

atbuts ar provided by one or more document, which can be unders to be an

initial se point or points for the cluste or clustrs to be fomied. The alori ca
be applied agai usin the docuen in an inital cluste to provide new attbutes;
if more than one clusr of

docuents is found intially, th algorith can be applied

to each."). . See also Backgound and Metlodolog.
Bichteler& Eaon,

Derivig an actual clustr li set fo~ the select
cadidate clusr link

e.g., at 193 ("Althoug the Schinovich algorith is a
one pass eàch cycle.")

objec using the generatd

se

succssfl retrevalproii, it does seem to reui a mium of two passes
thugh tle fie representig the docent collecon,

and

Se also Background, Purpse, and Mefuodology.

Displayi one or more of

the referece and its Disclose either e"''"ressl)' or inherenty in the teings of the object inthe incorprad disclosur taen as a whole, ()r in combinaton with the st ()f the ar daas, referr to in th actual clusr lin set, on

a

display.

at the tie of the aleged invention, as evdence by substtial other refereces

identified in Defedants' P. R. 3.3 stement aid acpanying cha. Raer th . repeat those dise10surs here, fuey ar incorprad by reference into this cha,
Disclosed either expressy or inherenty in the teachings of the reernce and its
incorpmte diclosurs taen as a whole, or in combin.aton with th st of the ar
at the tie of

13. The method of 12 wherein a set of direct li

exist for th dabas, and wherein the st of

the aleged inventon, as evidence by substatial other references
identied in Defendants' P. R. 3-3 stement and

genera a candidat clustr li se comprises: of the set of dict recuively analyzig portons

accompanying cha. Raer th

links for indi li.

reat those disclosures here, they ar incorpra by referece into ths cha.

sf-2631S76

5

14. A

method for representig

the relatonsp
. Bichteler & Ean, e,g., at 192 ("Schúovich ha proposed a 'bibliographic patrn

between nodes using stored di li, pa, and
where the operational defition of 'relat' is th the docmnents in a cluster must

discover algori'. which fids clustrs of j-tlated doents in a collecton,
exibit simila citaon parns. Thus, it makes use of the notion of bibliogmhic
coupling, fi defied by Kessler (2): two documents have onc unt of . between them if

cadida cluster lin, comprising die stps of:
coupling

thy each cite a third docent. ").

See also Background.

intializing a set of

cadidae cluster lins;

Bichteler & Eaon, C.g., at.92 ("Schiinovich has propod a 'bibliograhic patern

discoveiy algorith' which finds clusrs of relatd documents in a collecon, where the operational definition of 'relad' is th the docents in a clusr must
exhibit simlar citation patterns.. Thus, it makes use of the notion of bibliographic
coupti, fi defined by Kessler (2):. two docents have one unit of couplin
beeen; them if thy each cite

a thir docuent. . . . The alori itslf operas

only on a link tale which indicate for each document whethr or not it possesses
eah

of ~ set of attbuts. The. attributes may represent citaons . ~ . . The actual

atò~ ar provided by one or more documents, which can be unders to be an

intial see point or points for the clustr or clustrs to be. fonned. The algoritbm ca
be

applied again usi the docuen in an initial clusr to provide new atbuts; than one clusrof docents is found inally, the algorica be applied to caM').
if more

See alsq Backgund and Methodolog.
Bichteler & Ean, e.g., at 192 (''Te algorith itslf opras only on a lin table

Selecg the destnaon node oía path as the

selecd node to anyze;

whicb mdieas for each document wheter or not it possesss each of a se.of atbuts. The atbutes may represent citaons . . . .'). See also Background and Metodolog.
Bicbteler & Ean. e.g., at 192 ("The

retrevig the setof dire lin frm tbeseleced

algorith itslf operas only on a li table

.node to any other node in the dae;

which indicas for each docnt wbeter or not it possesses each of a set of atbuts. The atbutes may represent cion . . . . ").
See als~ Background and Methodolog.
Disclosd either exressly or inerently in the techings of

Dermnig the weight of

the pat usi the

the reference and its
. incorporad disclosurstaken as a whole, or in combination with the st of the ar
at. the tie of

retreved di lin;

the aleged invention,.as evidenced by substal other references

sf-2631576

6

idenfied inDefendats' P. R. 3-3 stment an repeat those disclosurs here, they are

accompaning cha~ Raerth

incorprate by reerence in this cha.

re steps b through d for eah pat; and
incorporated disclosures taen as a whole, or in combinon with the st of . àt the tie of the aleged invention, as identied in Defendats' P. R. 3-3 stement and accompanying

Disclose eiter exressly or inerenty in the techigs of the reference ard its
the ar
cha, Raer than

evidenced by substal other references

. repeat those disclosus here, they ar incorpra by reference into ths cha.
Disclosed either expressly or inerenty in the tegs of incorpoiated dìsclosurs ta as a whole, or in combintion withthe stte

Stori the detnnined weights as cadidate cluser

Iínks.

the refence and its of the ar

at the time of the alleged invention, as evidence by substtial other references

ideed in Defendants' P. R. 3-3 stment and accompanying ch. Rathr than
repeat those disclosurs clai 14 fur Disclosed 'eiter exressly or inerently incorprad disclosus ta as a whole, or in combinon with the st of at the tie of

here, they ar incorpra by refe.rence ino ths cha.
in the techings of

15. The metod of

compring the

the reference and its
the

stp of derivig.the ac clusr li. wherein the

acl clusr links ar a subset oftl cadida
repeat those of clai 15 wherein . Disclosd either expressly or

ar

cluster li.

the aleged invention, as evdence by substti other references .identified in Defedants' P. R. 3-:3 stement and accompanyig cha. Raer th
disclosUrs here, they ar incoraed by referece in ths cha.

16,.

The

method

the stp of

inerenty in the techgs ofthé rerence and its

dervig comprises the stp of choosi the to

incorporad dislosures taen as a whole, or in combintion wi

rated cadida cluer li.
reat those disclosures here. they

the st of the ar át the tie of 1he aleged inverition, as evidenced by substtial o1her references identified in Defenda' P.. R.. 3-3 stement and accompanying char. ~er than

ar incorpra by referece into this. cha. 18. A metod of anyzi a dabae havi Bichteler &Eaii e.g., at 192 ("Schimovichhaproposed a 'bibli0arhic patrt objec and a first numerica representaon of direct discvery algori' which fids clusrs of relate docents in a collecton,
, where the operational defiition of

relaonships

in th

da, comprising thé stps. .
couplin,

rela' is th the docents in a clustr mus

of:

. exibit similar citaon parns. . Thus, it makes use of the notion of bibliogrhic
fi defined by Kessler (2): two documents have one unt of coupling

beeen them if 1hey eac cite a third document.").

See also Backgound.

&enerag a second numerical representaon usin Bichteler & Eaon, e.g., at 192 ("Schovich.ha proposd a 'bibliograhic patern

the :f numerical representaon, wherein the

discvery algorith' which fids clus of relatd docuents in a collecton,
..where the operational defition of

second nuierica reresenton acunts for

'relat' is tht the docent in a cluster must

sf-2631576

7

,'-".
':.:. .'

indirect relatonships in the date; .

exhibit simila citaon pattrn. Tlus, it makes use of the notion of biblioghic
couplin, fi defined by Kessler (2): two douments have On unt of coupling
beeen them if thy

each cite a tl docuent. . . . The alori itslf oprates

only on a lin tale which incate for each document whethr or not it possesses .
each of a set of atbuts. The

atbutes may represent citions. . .. The actal

attbut ar provided by one or more docuents, which can be unders to be an

inial seed 'point or points for the clusr or dusrs to be fonned. The alorith ca
be applied agai using the documents in an initial clllr to provide new attòutes;

ifmore than one clustr of docuent is foun initially, the algorith can be applied
to See also Backgoun and Metodolog.

each.").

strin th secnd numerica reresention;

Bichteler & Eaton, e.g., at abstt ("(S)earhes on the Al SPIN da base were
conductd. ") .
. Bichteler & Eaon e.g.,

identi at leas one objec in the dataase,

at abst t'(S)earches on the AIP SPIN dat ba were

wherein the stred numencalreresentation is used

conduct. ')
Disclos either expressly or inerenty in the teings of incoiporad disclosurst3en as a whole, o:r)n combinaton witli the state of

.. .
'identfied in Defendan' P, R 3~3 siment repeat those dIsclosiis here,

to ideti objec; and
the reference and it

displayi one or more identified objec frm the

daas.

the ar at the tie of the aleged invention, as evdenced by substtial. other references
and

accompanying cha. Ratherth
they ar incorpra by reference into ths cha.

.19. The metod of clai 18 wherein the st of

Bichteler & Ean, e.g., at 192 ("'e algorith itslf ope:rs only on a lin table

generag a second numerical reresentaon comprises:
I.

which indicates for eah docent wheter or not it possesses each ofa set of
atbutes. The atbutes may represent citations. . . .").

selectig an

objec in th. datas for analysis;

I See alo Backgrund and Metodology.
.. Bichteler & Ean, e.g., at 192 ("Sclminovich has propoed a 'bibliographic patern . discvery algorith' which fidS clusrs of relatd docuents in a collection,
. where the

analyzing the dit relaonships expressed by the

firs numerica reresentation for indire
the

relationships involvi tle select object and

operaonal defition of 'relat' is tht the docen in a clustr mus

creg à second numencalreresenton of

direct and indre relatonships involving the

selectd object. .

exhbit similar citation paern. Thus, it makes use of the notion of bibliograhic coupling, first defined by Kessler (2): two documents have one unit ofcoupling ben them if thy each. cite a third document. . . . The algorith itslfoprates onlv on a link tale which indicates for ea document whether or not it possesses
L__.~.._~... 10_'

sf-2631576

8

'. . .\

:--.~

\...~..

eah ora se of atbuts. The attbuts may represent citaons. . . 0 The ac
attbutes ~.. proded by one or more documents, which can be undersd to be an
in seed poin or points for the cluster or clusrs to be formed. Th algorith ca
be aplied again

using the documen~ in an initial cluster to provide new attbutes;

if more than one clusr of docents is foun initally, the algorith can be applied
to each. ").

See also Background and Metodology.
Bichteler & Ean, eo_g., at abst ("(SJcaches on the AlP SPIN dat bas were
conductd. to)

20. The metod of 18 ",-herein the step of
one object in the dataase

'identi at leas

comprises:

searhing. for object in a da using the stre

numerical represeon, wherein dì and/or .

indirect relaonships ar searhed.
Discos either ,"-pressly or inerenty in the techings of incorporad disclosurs ta as a whole, or in

21.

The mQtod ofcl 18 wherein 1he displayig;

th reference and its
combination with the stte of

st comprises: .

genemti a grhical dilay for represti an
representig daa in a camputr

'objec in the da.

the ar at the tie of the aleged invention, as evdence by susttial oiler references identified in Derendånts' P. R' 3.3 stment and acmpanyig chart. Rathr th
. repeat those dÌsc10sure her, they ar incorpraed by reference into this cha.

23. A metod of

Bichteler & Ean, e.g., at 192 ("Schovich ha prposda 'bibliographicpatem
discovery algorith' which fids dustrs of relatd docents in a collection,
where the operationa definition of 'related? is th the docents in a clustr must
. exhbit similar citation patterns. Thus, it makes use of the notion of

datas. with relatonsps, ëomprising the stps of:

bibliograhic

couplin, fir defined by Kessler (2): two docuents have one unit of coupling

between them if'they each cite a thrd document. ").

See also Backgund.
Bichteler & Ean, e.g., at 192 ("Te algorithm itlf operas only on a link tale

assigng nodes node identficaons;

which indicas for eah document wheter or not it possesses each ofa set of atbuts. The atbutes may represent citaons. . . :'). See alo BackgoUnd and Metodology.

Bichtler & Ean, e.g., at 192 ("Sclíiminovich ha propoed a 'bibliogmphic patrn generaing links, wherein eah link represents a relationship between two nodes and is identied by disveiy algorith' which fids clustrs of relatd docents in a collecton, where the ooemtional defion of 'related' ís that the documents in a clustr must

sf-2631576

9

..-:~-..

.~.._~.

the two nodes in which the relaonship exist;
exhbit silar citation patterns. Thus, it maKes use of

the notion o£bibliogrhic

coupli fi defined by Kessler (2): two documents have one unt of coupling

between them if they ea cite a thrd docent. . . . The algori itself opetes only on a lin tale which incates for each document whether or not it possesses

eah of a set of atbutes. The atbutes may repreent citaons. .'. . The acal
atbutes ar provided by one or more docuents, which can be understood

intial seed point or points for the clusr or clusters to be fonned. The alorith ca
be applìed again using the docents in an initial ifmore than one clustr of docuents is fouid initally, the algorith

to be an

clusr to provide neW attbutes;

ca be applied

to eac. ").
See alo Backgri.d and Metodology.
Disclosed either expressly or inherenty in the teachings of

aloc a weight to each li wherein the weigt
the relatonship.

me reerence and its

'sigfies the stngt of

repreent .. incoipoiad disclosus taen as a whole, or in combinon with the st of the ar
at the tie of the alegeQ. invention, as evdenced by substal other references
identied in

by the lin relatve to the stgt of other

relatonships represented by other li; and

DefendatS' P. R. 3-3 stement and acmpanyig ch. Rather th
the reerence and its

reat those disclosus here. they ar incorprat by referenCè into ths char.
Disclos either expressly or inherently in the tehis of

displaying a node identificaon.

incoiporated dilosures taèn as a whole, or in combinaon with the stte of the ar

at die tie of the aleged invention, as evidenced by substatial other refereces identied in Defendats' P. R. 3-3 stment and accompanying char. Raerthan
. repeat those disclosu here, they ar incorpra by referece into tls cha.

24. The method of clm 23, wherein th da in th

Bichteler & Eaon, e.g.; at 192 ("Schovich ha proposed: a. 'bibliogramc parn
discovery algontl' which fids clusters of relatd docents in a collecton,
, where the operational defition of

datase is objects, wherein the nodes represent
wherein the relationships th

object and ea object is assigned a node

relat.. is th the documents ina cluster must
the notion of

identicaon; an

exbit sin citation pattern; Thus, it makes use of

bibliogrhic

exist

comprise di relatonships between object.

coupling, fi defied by Kessler (2): two docuents have one unit of coupling

fuer compring th stp of:

beteen them if thy each cite a thir document. ").

seching generad link, wherein nodes are

locd by searhig the generaed lin.

.. See also Backgi.d.
. Bichteler & Ean, e.g., at abst ("(S)earches on the AI SPIN da bas were
conductd. ")_
Disclosd either exressly or inherenty in the teaings of ineororad disclosus tan as a whole, or in combiiaton with the stte of

the referece and its

the ar

sf-2631576

10

".'-'''.

at 1le tie of

the aleged invention. as evidenced

by substaal other

references

identied in Defenda' P. R 3-3 stement and accompanyig cha. Raerth
repeat those disclosures here. they ar incorpraed by reference into this char.

idenin each lin sub-ty",ith a nae; and .

. Disc1öse either expressly or inerently in the teachigs of the reference and its
incorpmted disclosurs taen as a whole. or in combination with the stte of the ar

at the tie of the aleged invenon, as evidence by susttial other references identied in Defenda' P. R 3-3 stment and acmpanying cha. Raer than repeat those. disclosu here, they ar incorpra by reference into tbs cha.
Pisc10sed either exressly or inherently in the tehings of incorprated disclosurs taen as a whole. or in combination with th stte of

Providing a comment to one or more link subtypes.

the referece and its

the ar at the time of the aleged invention, as evidence by susttial other references

identified in Defendants' P. R 3-3 stment an acmpaying cha, Rather th
repeat those disclosurs here. they ar incorpra by reference in ths char.
. Disclosd either expressy or inerely in the teags' of the reference and its

31. The method of clai 23 wherein atbutes ar

assign to nodes.

. incorporated disclosurs taen ~ a. whole, or in combinon with th state of the ar the aleged invention. as evidence by substntal other references at the time of
identified in Defendats' P. R. 3-3 stement and accompanying ch. Raer than

rePeat those disclosus here, they ar incorpra by refereCe into ths cha.
Disclos either expressy or inherey in 1le tehigs of

32. The method of claim 3 i fuer comprsin the
'at 1le tie of

the reference and its

step of: generag node sub-ty wherein the node incorpomted disclosurs taen as a whole, or in combintion with the state of the ar
the aleged inventon,as evidenced by substal other references

sub-tyes ar assigned informtion.

identified in Defendan' P. R. 3-3 stement and accompanying ch. Raer than

reat those disclosures here, they are incorpra by reference in ths cha.
reresenting

33. A method

of

da inacopuu:r

Bichteler & Ea, e.g., at 192 (''Schimiovich ha propo a 'bibliographic patrn

daas and for computeri seching of the

disovery alorith' which fids clusrs of relad docent in a collecon,
where the operational definition of'relat' is tht the docents in a clusr mus
exhbit sila citation pattrn. Thii, it makes us of the notion of bibliograhic

da wherein relatonships exst in the dataase, comprising:

coupli, fi defied by Kessler (2): two doents have one unt of coupling
beeen them if th

each cite a third document").
See also Background.

assigng lis to represent relationshps in the

Bichteler & Ea, e.g., at 192 (''Schiovich ha propos a 'bibliograhic patrn
dìscver algorith' which fids clus of

daas~

relaed docents in a collecon,

sf-2631576

11

:i,

where the operationa defition of crela' is th the docments in a cluser mus
exhbit siar cittion paerns. Thus it makes use of the. notion of

bibliograhic

couplín, fi defined by Kessler (2): two downents have one unit of coupling

bewee them if they eac cite a third docent. '').

generang node identifications basd upon the

assigned link, wherein node identicaons ar

See also Backgrund. Bichtler & Ean, e.g., at 192 ('cSchiinovich has proposd a 'bibliograhic pattrn discovery algonth' which fin.ds clusrs of relad docuents in a collecon,
where the operaona definition of crelat' is th the docuents in a clustr mus
. exbit sila citon parn. Thus, it makes use of coupli, firs defied by Keler (2): .two docuents have one mit of the notion of

generad so

that ea li represent a relaonshp

betwee two identied nodes;

bibliograhic
coupling

beteen them if thy eac cite a tnird document. . . . The algori itslf operates
only on a lin tale which incates for each document whether or not it possesses

each of a set olatbuts. The atbute may represent citations . . .. The ac atbute ar provided by one or more docuents, which can be unders to be an intial seed point or points for the clus or clusrs to be fanned. The alorith ca
be applied agai usin the docuents in an iniàl duser to provide new attbutes;
if more th one clustr of doèuents. is found intially, the algorith ca be

applied

to ea.'').

See alo Bakground andMetodology.
Bichteler & Ean, e.g., at abst ("(Sleaches on the AJ SPIN da bas were conductd. ")

stori the li and node identificaons, wherein

.the lìnb and nodes may be retreved;
discvery algori' which

seahing for node identifications. using the. stred

. Bichteler & Ean., e.g., at 192 ("Schinovich ha proposed a cbibliograhic patrn
fids clusters of relaed dOcents in a collecton,
the notion of

links; and

. where the operonal defition of '.relat' is that the doCuents in a clustr mus
exbit simla citaon pattrns. Thus, it makes use of

bibliogrhic
they eac cite a th docwnent. . . .

coupling, fi defned by Kessler (2): two docuents have one unit of couplin
beeen them if

The algorith itslf operates

only on a lin tale which indicaes for eahdocwnent whetler or not it possesse
each of a se of atbutes. The atòutes may represent citaons. . . . The actual
document. which can be undersoo to be an initial se point or points for the cluser or clusers to be fonned..The algori ca be applied agai usin 1he docens in an inal clustr to provide new attbutes; atbuts ar provided- by one or more

if more th one clusr of docents is found initially, the algoritl can be applied

sf-263

1576

12
'-...,,-..:..../

~,
~-'"-..

to Bichteler & Eaon, e.g., at abst ("(S)earches on the

each.').
Al SPIN dat bas were

. conductd. ")
. Disclosed either expressly or inherenty in the tehigs of incorporad disclosus taen as a whole, or in combintion with the stte of

displaying node identificatons, wherein the

displayed node identfications ar locaed in the

searhing stp.

at the tie of the aleged invention, as evidence by substtial oter references identied in Defendan' P. R 3-3 stament and accompanying char. Ratherthan

the reference and its the ar

repe those disclosures here, "tey ar incorpra by referece into ths cha.

Defenda reserve the right to rese ths contention char concerning the invalidity oftle asserted clais as appropriate, for exaple, depending

upon the Cour's costcton of the assertd clais, any fidis as to the priority dat of the asse claims, anor positions tht Plaitiff or its exprt wimess( es) may ta concern clai inteipreon, consructon, inringement, and/or invalidity issues.
apparent
agre with Plaiti regarg

Plaitiffs Inngement Contetions ar basd on an apparnt constrcton of the cla tenns. Defenda disare with these

consctions. Nothg st herein shal be trat as an adssion or sugeston that Defendats

either the scope

of any of th,e assert clais or the. clai consctons advanced by Plati in it. Ingement Contentions or anywhere else,

Defendats" acusd teology meets any litaons of the cl. Nothg sted herin shal be coed as an adssion or a waiver of any

or that any of

parcular constructon of any clai term. Defendats also reserve all their rights to challenge any of

1 I 2, includg by aring th they ar indefinite, not suppo~ by the writtn descrption and/or not enaled. Accrdingly, notlng std herein
of

the claim temis herein under 35 U.S.C. §

shal be constred asa waiver

any aiwnentavailable under 35 U.S.C. § 112.

sf-263

1576

13