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

Filing 318

CLAIM CONSTRUCTION CHART filed by Software Rights Archive, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(DiNovo, Andrew)

D

EXHIBIT B: THE PARTIES' PROPOSED CONSTRUCTIONS OF DISPUTED CLAIM TERMS, PHRASES, AND CLAUSES U.S. Patent No. 5,544,352
Claim 26 Disputed Claim Term A non-semantical method Plaintiff's Proposed Construction A method reciting steps that analyze or use nonsemantical relationships (i.e., citation or hyperlink relationships). A computer-implemented ... method for numerically representing a set of objects in a computer database and for computerized searching of the set of numerically represented objects in the computer database Defendants' Proposed Construction A method of analysis that does not account for phrases and words in a textual object and that is based on explicit references to other textual objects No construction necessary

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A ... method for numerically representing objects in a computer database and for computerized searching of numerically represented objects in the computer database. objects in a computer database

No construction necessary Alternatively, Plaintiff offers this definition: Any electronic collection of objects stored in computer media.

a defined collection of electronic data available for computerized searching

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creating a first numerical representation for each identified object in the database based upon the object's direct relationship with other objects in the database generating a second numerical representation

creating a first numerical representation for each identified object within the set of numerically represented objects in the database based upon the object's direct relationship with other objects in the database generating a second numerical representation of each identified object within the set of numerically

creating a first numerical representation for each marked object in the database based upon citations determined to be the object's direct citations to other objects in the database

generating a second numerical representation of each object in the database that describes the indirect

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ockets.Justia.com

Claim

Disputed Claim Term of each object based on the analysis of the first numerical representation

Plaintiff's Proposed Construction represented objects based on the analysis of the first numerical representations

Defendants' Proposed Construction citation relationships found by analyzing the first numerical representation

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identified object analyzing the first numerical representations for indirect relationships searching the objects in the database using a computer and the stored second numerical representations

an object identified by a search using a computer and each object that has been marked a second numerical representation No construction necessary using the first numerical representations to locate and identify the indirect relationships No construction necessary The searching step is performed after the other recited claim steps. construe "searching the objects in the database using a computer " as retrieving objects from a database in response to selection of an object by an end user after the prior recited steps have been completed No construction necessary See construction for "computerized searching" below. See construction for "computerized searching" below. retrieving objects from a database in response to selection of an object by an end user after the prior recited steps have been completed a list of core English words and the respective paragraph numbers where those words are located

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storing the first numerical representation for use in computerized searching storing the second numerical representation for use in computerized searching computerized searching

No construction necessary

No construction necessary

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boolean word index

No construction necessary Alternatively, Plaintiff offers this construction: Definition of Boolean Word Index: A word index that is capable of supporting Boolean

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Claim

Disputed Claim Term

Plaintiff's Proposed Construction searches, which use keywords and operators such as "AND, " "OR " and "NOT " to locate documents No construction necessary Alternatively, Plaintiff offers this construction for "semantic indexing techniques ": methods for creating and using indexes that use text analysis No construction necessary Alternatively, Plaintiff offers this construction for "coefficients of similarity ": Coefficients of similarity are values indicating similarity.

Defendants' Proposed Construction

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semantic indexing techniques

creating a word index for text analysis

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coefficients of similarity

a value between 0 and 100% representing the comparative Euclidean distance between two objects in the database

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wherein the marking step includes the step of marking subsets of objects in the database subset

Marking portions of an object (words, phrases, paragraphs or other portions of an object) A portion of an object (word, phrase, paragraph, or other portion of an object).

marking portions (words, phrases, paragraphs, or portions of other full textual objects that are referred to in another full textual object) of an object A portion (words, phrases, paragraphs) of an object or a portion of another object that is referred to in the object

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clustering the subsets into sections based upon the subset analysis section

No construction necessary Alternatively, Plaintiff offers this construction: grouping the subsets into sections based upon an analysis of the subset numerical representations No construction necessary Alternatively, Plaintiff offers this construction for

grouping paragraphs based on weighing their Euclidean distances and contiguity

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group of contiguous or related paragraphs

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Claim

Disputed Claim Term section:

Plaintiff's Proposed Construction

Defendants' Proposed Construction

a group of subsets 37 graphically displaying one or more of the identified objects No construction necessary displaying a graphic showing the relations, patterns, and similarity found among one or more of the identified objects

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pool-importance searching to identify an important pool of textual objects, important in relation to the objects in the selected pool pool-similarity searching to identify a similar pool of textual objects, similar in relation to the objects in marked pool identifying a paradigm pool of objects A method for the nonsemantical indexing of objects stored in a computer database, the method for use in searching the database for the objects objects stored in a computer database

searching objects to identify a pool of important textual objects from the selected pool by ranking the relative importance of the objects in the selected pool searching objects to identify a pool of similar textual objects to the selected pool by ranking the relative similarity of objects in the marked pool identifying a pool of exemplary, model, or archetypical objects that serve as a reference point for analyzing direct and indirect relationships between objects A method for the non-semantical indexing of a set of objects stored in a computer database, the method for use in searching the database for the objects in the set of indexed objects

searching objects to identify a group of important textual objects from the selected pool by ranking the relative importance of the objects in the selected pool

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searching objects to identify a group of similar textual objects to the selected pool by determining the relative similarity of objects in the marked pool identifying a group of textual objects with a determined geographic center calculated by the mean of the Euclidean distances of all the textual objects in the pool A method of analysis and searching that does not account for phrases and words in a textual object and that is based on explicit references to other textual objects

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No construction necessary

a defined collection of electronic data available for computerized searching

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Claim

Disputed Claim Term

Plaintiff's Proposed Construction Alternatively, Plaintiff offers this construction for database: any electronic collection of objects stored in computer media generating a second numerical representation for each object within the set of indexed objects based on each object's references to other objects creating a third numerical representation for each object within the set of indexed objects calculating a fourth numerical representation for each object within the set of indexed objects based on the Euclidean distances between the third numerical representations.

Defendants' Proposed Construction

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generating a second numerical representation for each object based on each object's references to other objects creating a third numerical representation for each object calculating a fourth numerical representation for each object based on the euclidean distances between the third numerical representations determining a fifth numerical representation for each object by processing the fourth numerical representations through similarity processing

generating a second numerical representation for each labeled object

creating a third numerical representation for each labeled object calculating a fourth numerical representation for each labeled object based on the euclidean distances between the third numerical representations

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storing the fifth numerical representations in the computer database as the

determining a fifth numerical representation for each object within the set of indexed objects by processing the fourth numerical representations through similarity processing .... Similarity processing is any processing to determine the similarity of objects. For example, determining if two objects relate to the same topic is similarity processing. Another example would be examining link relationships to determine if two objects are similar. No construction necessary

determining a fifth numerical representation for each labeled object by processing the fourth numerical representations to determine the degree of similarity between each labeled object and the other labeled objects

The searching is performed after the other recited claim steps. construe "searching for objects in the database " as retrieving objects from a database in response to

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Claim

Disputed Claim Term index for use in searching for objects in the database

Plaintiff's Proposed Construction

Defendants' Proposed Construction selection of an object by an end user after the prior recited steps have been completed

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clustering objects having similar characteristics clustering adjacent paragraphs that have similar characteristics

No construction necessary No construction necessary. Alternatively, plaintiff proposes this construction grouping adjacent paragraphs that have similar characteristics

grouping objects based on weighing their Euclidean distances grouping paragraphs based on weighing their Euclidean distances and contiguity

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analyzing the second numerical representation against a plurality of empirically defined patterns, wherein certain patterns are more important than others

No construction necessary. Alternatively, Plaintiff offers this construction: Empirically defined patterns are patterns of citation relationships that have been determined to be useful in search. Examples of such patterns include (assuming that a, b, and c occur before A; A occurs before d, e, and f, which occur before B; and B occurs before g, h, and i) the following: 1. B cites A; 2. B cites c, and A cites c; 3. g cites A, and g cites B; 4. B cites f, and f cites A; 5. B cites f, f cites e, and e cites A; 6. B cites f, f cites e, e cites d, and d cites A; 7. g cites A, g cites a, h cites B, and h cites a; 8. i cites B, i cites f (or g), and f (or g) cites A; 9. i cites g, i cites A, and g cites B; 10. i cites g (or d), i cites h, g (or d) cites A, h cites

patterns of citation relationships previously identified as useful in search

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Claim

Disputed Claim Term

Plaintiff's Proposed Construction g, and h cites B; 11. i cites A, i cites e, and B cites e; 12. i cites A, i cites e, and B cites e; 13. g cites A, g cites a, h cites a, and h cites B; 14. i cites a, i cites d, and B cites d; and A cites a; 15. i cites d, i cites B, and d cites a; 16. B cites d, d cites b, and A cites b; 17. B cites d, d cites a, b cites a, and A cites b; 18. B cites a, d cites b, and A cites a

Defendants' Proposed Construction

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weighing the analyzed second numerical representations according to the importance of the patterns entering search commands presenting one or more objects

No construction necessary

assigning a weight to the second numerical representations according to the results of their analysis against the empirical patterns ranked by importance initiating a search by the end user inputting commands to the computer processor via an input means presenting a diagram showing an identified object and its connections and interrelations to other identified objects calculating the Euclidean distances from the selected object to each object in the group of identified objects

No construction necessary

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No construction necessary

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quantifying the relationship of the selected object to each object in the group of objects

No construction necessary

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U.S. Patent No. 5,832,494
Claim 1 Disputed Term database Plaintiff's Proposed Construction No construction necessary Alternatively, Plaintiff offers this definition: Any electronic collection of objects stored in computer media.. A relationship defined by mathematically analyzing direct links in a set of paths between two nodes A set of cluster links from a selected node to other nodes from which actual cluster links may be derived Cluster links that are derived from candidate cluster links for use in the display of nodes and are derived prior to searching. No construction necessary Defendants' Proposed Construction a defined collection of electronic data stored in a computer device that is connected to a computer processor

All All

Cluster link Candidate cluster links

a relationship between two nodes based upon a statistical analysis of multiple relationships between nodes in a database the set of all possible cluster links between a search node and a target node subset of candidate cluster links for use in display based on weights in relation to the selected node under analysis wherein the step of generating comprises identifying and classifying one or more non-semantical relationships that are characterized by at least one intermediate node between two nodes in the database See separate definition of "actual cluster links " in supplemental terms.

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Actual cluster links

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wherein the step of generating comprises an analysis of one or more indirect relationships in the database deriving actual cluster links from the candidate cluster links node

choosing actual cluster links based on the weight of direct links in a set of paths between nodes

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A node is any entity that can be represented on a display. A node can be an object in a database, a portion of an object in a database, a document, a section of a document, a World Wide Web page, website, or an idea or concept, such as a topic name.

any entity that can be represented by a box on a display, for example, an object in a database, a portion of an object in a database, a document, a section of a document, a World Wide Web page, or an idea or concept, such as a topic name.

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Claim 1 3

Disputed Term selecting a node for analysis selecting the top rated candidate cluster links, wherein the top rated candidate cluster links are those which are most closely linked to the node under analysis*

Plaintiff's Proposed Construction No construction necessary No construction necessary Plaintiff offers the following alternative construction: Selecting candidate cluster links to be used as actual cluster links according to the weight that corresponds to being most closely linked to the node under analysis No construction necessary Alternatively, Plaintiff offers this construction: An object stored outside the database.

Defendants' Proposed Construction identifying, by an end user, a node to be nonsemantically analyzed choosing a subset of candidate cluster links whose weights indicate that they are the strongest cluster links for the node under analysis

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external object

an object that is not within the database

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activating the desired node

No construction necessary Alternatively, Plaintiff offers the following construction: Initiating a function associated with a desired node. an application separate from the database that can run simultaneously with other programming An application that is separate from the database that connects to another computer or application No construction necessary

Indefinite.

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independent application which can be executed in background independent application which can be executed as an extension wherein the generating step includes an analysis of one or more indirect

software application that is not within the database and that runs without interaction by the user while the user is working on another task software application that is not within the database and that modularly adds functionality to another program wherein the generating step includes identifying and classifying one or more non-semantical relationships that are characterized by at least one intermediate

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Claim

Disputed Term relationships in the database deriving an actual cluster link set for the selected object using the generated candidate cluster link set selecting an object to determine the proximity of other objects to the selected object determining the weight of the path

Plaintiff's Proposed Construction choosing a set of actual cluster links for the selected object based on the weight of direct links in a set of paths between two nodes No construction necessary

Defendants' Proposed Construction node between two nodes in the database determining the subset of candidate cluster links for use in display based on weights in relation to the selected object under analysis inputting, by an end user, an object to nonsemantically determine the relations, patterns, and similarity of other objects to the selected object computing the combined weight of direct links in each path of a candidate cluster link and summing those combined weights for each chain of direct links between two nodes

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No construction necessary except that Plaintiff offers this construction of "path": A path is a particular sequence of citations that make up a relationship between two nodes No construction necessary except that Plaintiff offers this construction of "path": A path is a particular sequence of citations that make up a relationship between two nodes

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for each path

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initializing a set of candidate cluster links deriving the actual cluster links wherein the actual cluster links are a subset of the candidate cluster links A method of analyzing a database identifying at least one object in the database, wherein the stored

setting the computer to the starting conditions for the generation of candidate cluster links choosing a set of actual cluster links based on the weight of direct links in a set of paths between nodes wherein the actual cluster links are a subset of the candidate cluster links No construction necessary No construction necessary

defining the weight of each member of the stored set of candidate cluster links as equal to one path length of zero from the start node determining the subset of candidate cluster links for display based on weights in relation to the selected node under analysis A non-semantical method of analyzing a database non-semantically locating at least one object in the database based on end user input

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Claim

Disputed Term numerical representation is used to identify objects generating a graphical display for representing an object A method of representing data in a computer database generating node identifications based upon the assigned links, wherein node identifications are generated so that each link represents a relationship between two identified nodes searching for node identifications using the stored links

Plaintiff's Proposed Construction

Defendants' Proposed Construction

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No construction necessary

displaying a graphic showing the relations, patterns, and similarity found between the object and other objects A non-semantical method of representing data in a computer database identifiers that are unique to each node and that take into account each link associated with each respective node

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No construction necessary No construction necessary

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No construction necessary

using stored links to non-semantically locate node identifications based on end user input

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U.S. Patent No. 6,233,571
Claim 1, 11, 22 Disputed Term activating a link represented on the source map, wherein a user may hyperjump to a node represented as a node of the link active links generating a source map, wherein the source map represents hyperjump links that identify a chosen node as a destination of a link activating an embedded icon Plaintiff's Proposed Construction activating a link represented on the map of source links (i.e., outbound links), wherein a user may hyperjump to a node represented as a node of the link No construction necessary generating a map of source links (i.e., outbound links), wherein the map represents hyperjump links that identify a chosen node as a destination of a link a node No construction necessary Alternatively, plaintiff offers this construction: Initiating a function associated with an icon No construction necessary Defendants' Construction "activating a link ": enabling a reference on a source map to a node to be selectable by a user to allow the user to access the node "source map ": see separate definition below direct links to nodes in a network outside the database and computer that may be accessed non-sematically evaluating an object in the database to display a map of all of the nodes external to the database and computer that the object directly links to, including the chosen node

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enabling a small graphical image that represents a minimized, running software application within the source map to be selectable by a user identifying, by an end user, a node for nonsemantical analysis direct links that connect web pages, web sites, and documents outside the database

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choosing a node

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hyperjump data /hyperjump links

No construction necessary Hyperjump data is data related to hypertext systems such as web pages, websites, Universal Resource Locators, and hyperjump pointers a method of analyzing the identified hyperlink data for indirect relationships to generate a reference of relations, patterns, or similarity for use in subsequent computerized searching

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wherein the step of determining comprises proximity analyzing the identified hyperjump

analyzing the identified hyperjump data by using statistical techniques and empirically developed algorithms to non-semantically determine the relations, patterns, and similarity between objects

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Claim 10 11

Disputed Term data visually representing more than one coordinate plane generating a source map using one or more of the determined hyperjump data, wherein the source map represents hyperjump links that identify the chosen node as a destination of a link choosing an identifiable web page cluster analyzing the Universal Resource Locators for indirect relationships generate a graphical user display

Plaintiff's Proposed Construction No construction necessary No construction necessary Alternatively, plaintiff offers this definition: generating a map of source links (i.e., outbound links), wherein the map represents hyperjump links that identify a chosen node as a destination of a link a node No construction necessary generating a set of candidate cluster links for objects indirectly related to the chosen web page using the Universal Resource Locators, assigning weights to the candidate cluster links and deriving actual cluster links from the set of candidate cluster links using the weights of the candidate cluster links No construction necessary

Defendants' Construction displaying information using more than two axes non-semantically evaluating a node by using the determined hyperjump data to display a map of all of the other nodes external to the database and computer that the node directly links to, including the chosen node

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identifying, by an end user, an identifiable web page for non-semantical cluster analysis non-semantically generating the set of candidate cluster links for web pages indirectly related to the chosen web page using the Universal Resource Locators, assigning weights to the candidate cluster links and deriving actual cluster links from the set of candidate cluster links based on the assigned weights displaying a graphic showing the relations, patterns, and similarity found between the web page and other web pages non-semantically generating the set of candidate cluster links for documents indirectly related to the chosen document using the Universal Resource Locators, assigning weights to the candidate cluster links and deriving actual cluster links from the set of candidate cluster links based on the assigned weights identifying, by an end user, a document for nonsemantical cluster analysis

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cluster analyzing the Universal Resource Locators for indirect relationships choosing a document

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generating the set of candidate cluster links for objects indirectly related to the chosen document using the Universal Resource Locators, assigning weights to the candidate cluster links, and deriving actual cluster links from the set of candidate cluster links based on the assigned weights No construction necessary

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Claim 18

Disputed Term cluster analyzing the pages

Plaintiff's Proposed Construction

Defendants' Construction non-semantically generating the set of candidate cluster links for pages indirectly related to the chosen page using the Universal Resource Locators, assigning weights to the candidate cluster links and deriving actual cluster links from the set of candidate cluster links based on the assigned weights identifying, by an end user, a node for nonsemantical analysis a reference where at least one intermediate node exists between two nodes and where the intermediate nodes connect the two nodes through a chain of explicit citations

No construction necessary

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choosing a node indirect reference

No construction necessary No construction necessary An indirect reference is a relationship where at least one intermediate node exists between two nodes and where the intermediate nodes connect the two nodes through a chain of citations

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generating a source map using one or more of the determined hyperjump data, wherein the source map represents hyperjump links that identify the chosen node as a destination of a link

generating a map of source links (i.e., outbound links) using one or more of the determined hyperjump data, wherein the source map represents hyperjump links that identify the chosen node as a destination of a link

non-semantically evaluating a node by using the determined hyperjump data to display a map of all of the other nodes that the hyperjump data directly links to, including the chosen node

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