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 C: PLAINTIFF'S INTRINSIC AND EXTRINSIC EVIDENCE

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 non-semantical relationships (i.e., citation or hyperlink relationships). Plaintiff's Evidence The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 6 Col. 1, ln. 1-Col. 2, ln. 48; Col. 4, ln. 46-56; Col. 5, ln. 1-14; Col. 12, ln. 1-17 Col. 12, ln. 32-52 Col. 12, ln. 52-Col. 14, ln. 16 Col. 13, ln. 57-Col. 14, ln. 4 Col. 14, ln. 4-18 Col. 11, ln. 39-46 Col. 15, ln. 13-Col. 17, ln. 36 Col. 17, ln. 61-Col. 19, ln. 15 Col. 19, ln. 40-52 Col. 28, ln. 53-65 The claims, drawings, and specification of U.S. Patent No. 6,233,571, including, but not limited to: Fig. 3A-5G, 7, 8, 10B, and 14A-14B Col. 46, ln. 3 ­ Col. 48, ln. 18 Claims 27, 39, 40 and 41 of the `352 patent.

1

ockets.Justia.com

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence Claims 7, 15, 16, 17, 18 of the `571 patent. The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35 V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33

2

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

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

A computerimplemented ... 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

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Fig. 1 Fig. 3A Fig. 3B Fig. 3D Col. 1, ln. 1-11; Col. 1, ln. 28-Col. 2, ln. 48. Col. 2, ln. 24-43 Col. 3, ln, 1-3 Col. 3, ln. 59-Col. 4, ln. 46 Col. 4, ln. 65-66 Col. 5, ln 19-32 Col. 7, ln. 22-24 Col. 10, ln. 54-Col. 11, ln. 6

3

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 11, ln. 28-38 Col. 11, ln. 51-60 Col. 11, ln. 60-67 Col. 14, ln. 18-21 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6 Col. 15, ln. 18-Col. 16, ln 7

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4

The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37

4

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35

Plaintiff's Evidence

V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. 26 objects in a computer database No construction necessary Alternatively, Plaintiff offers this definition: Any electronic collection of objects stored in computer The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 1 Col. 3, ln. 50-58 Col. 1, ln. 58-61 Col. 4, ln. 22-24 Col. 4, ln. 51-56 Col. 4, ln. 67-Col. 5, ln. 4 Col. 10, ln. 65-Col. 11, L 1

5

Claim

Disputed Claim Term

Plaintiff's Proposed Construction media. Col. 9, ln. 37-44 Col. 9, ln. 45-63 Col. 22, ln. 31-62 Col. 11, ln. 61-Col. 12, ln. 31 Col. 23, ln. 14-24

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, specification, and drawings of U.S. Patent No. 5,832,494, including, but not limited to: Col. 27, ln. 34-61 Col. 48, ln. 36--Col. 50, ln. 46 Col. 46, ln. 33-41 Col. 3, ln. 26-col. 4, ln. 62 Col. 38, ln. 38-52 The claims, specification, and drawings of U.S. Patent No. 6,233,571, including, but not limited to: Claim 4 The prosecution history of U.S. Patent No. 6,233,571, including, but not limited to: *

6

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence Preliminary Amendment, dated 5- 4-98 at 1-29 Response to Restriction, dated 9-20-98 Amendment and Response, dated 6-6-00, at 2-12 Office Action, in response to 6-6-00 communication, at 5 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39. The claims, specification, and drawings of U.S. Patent No. 6,285,999. See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

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

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

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Claim 8, 41 Fig. 3A-C Fig. 6 Col. 2, ln. 24-43 Col. 4, ln. 26-40 Col. 4, ln. 40-46 Col. 5, ln 19-32 Col. 12, ln. 32-61 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6

7

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Col. 48, ln. 36-Col. 49, ln. 54 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

generating a second numerical representation of each object based on the analysis of the first numerical representation

generating a second numerical representation of each identified object within the set of numerically represented objects based on the analysis of the first numerical

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Fig. 1 Fig. 3A-C Fig. 4C-I Fig. 6 Col. 1, ln. 1-11;

8

Claim

Disputed Claim Term

Plaintiff's Proposed Construction representations Col. 1, ln. 28-Col. 2, ln. 48. Col. 2, ln. 24-43 Col. 3, ln. 1-3 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6 Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln. 7--31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61--Col. 17, ln. 5 Col. 17, ln. 38-60 Col. 20, ln. 42-Col. 21, ln. 5 Col. 21, ln. 21-32 Col. 4, ln. 40-46 Col. 21, ln. 6-21 Col. 21, ln. 50-58 Col. 22, ln. 15-25

Plaintiff's Evidence

The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Fig. 3f and 3g Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 50, ln. 22-45 Col. 3, ln. 25-47 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94

9

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence Amendment and Response dated 3- 23-94 at 25-37; Examiner Action, dated June 7, 1995 at 2-7; Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16; Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

identified object

an object identified by a search using a computer and a second numerical representation

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 21 Claim 26 Claim 39 Claim 37 Claim 47 Abstract Claim 1 Fig. 1 Fig. 3A-3C Fig. 4A-4I Col. 1, ln. 1-11 Col. 1, ln. 28-Col. 2, ln. 48 Col. 2, ln. 24-43 Col. 5, ln. 5-9 Col. 14, ln. 30-33

10

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 19, ln. 1-Col. 23 ln. 14 Col. 4, ln. 40-46 Col. 5, ln. 32-37 Col. 24, ln. 24-42 Col. 28, ln. 13-21 Col. 28, ln. 53-65 Col. 29. ln. 33-39 Col. 30 ln. 52-58 Col. 30 ln. 59-64 Col. 3, ln, 1-3 Col. 14, ln. 18-21 Col. 14, ln. 18-32 Col. 14, ln. 39 ­ Col. 15, ln. 6 Col. 15, ln. 18 ­ Col. 16, ln 7 Col. 16, ln 7--31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61 ­ Col. 17, ln. 5 Col. 17, ln. 5-25 Col. 17, ln. 26-36 Col. 17, ln. 38-60 Col. 1, ln. 28-Col. 2, ln. 48. Col. 1, ln. 58-61 Col. 5, ln. 1-14 Col. 11, ln. 39-46 Col. 15, ln. 13-17 Col. 17, ln. 26-36 Col. 17, ln. 61 ­ Col. 19, ln. 15 Col. 19, ln. 40-52 Col. 28, ln. 53-65

Plaintiff's Evidence

See also entries for creating a first and second numerical representation above.

11

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35 V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157

12

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence The prosecution history of U.S. Patent No. 5,832,494, including, but not limited to: Notice of Allowability, dated 1-9-1998 at 3-5, Notice of references, Interview Summary IDS , dated 1-27-98, at 1-8; and attached docs Amendment after Notice of Allowance, dated 4-10-98, 1-12 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

analyzing the first numerical representations for indirect relationships

No construction necessary

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Fig. 1 Fig. 3A-C Fig. 4C-I Fig. 6 Col. 1, ln. 1-11; Col. 1, ln. 28-Col. 2, ln. 48. Col. 2, ln. 24-43 Col. 3, ln. 1-3 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6

13

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln. 7--31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61 ­ Col. 17, ln. 5 Col. 17, ln. 38-60 Col. 20, ln. 42-Col. 21, ln. 5 Col. 21, ln. 21-32 Col. 4, ln. 40-46 Col. 21, ln. 6-21 Col. 21, ln. 50-58 Col. 22, ln. 15-25

Plaintiff's Evidence

The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Claims 12, 13, 14, 15, 16 Fig. 3F and 3G Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 50, ln. 22-45 Col. 3, ln. 25-47 V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39

14

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37; Examiner Action, dated June 7, 1995 at 2-7; Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16; Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. 26 searching the objects in the database using a computer and the stored second numerical representations No construction necessary The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Claim 1 Fig. 1 Fig. 3A-3C Fig. 4A-4I Col. 1, ln. 1-11 Col. 1, ln. 28-Col. 2, ln. 48 Col. 2, ln. 24-43 Col. 5, ln. 5-9

15

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 14, ln. 30-33 Col. 19, ln. 1-Col. 23 ln. 14 Col. 4, ln. 40-46 Col. 5, ln. 32-37 Col. 24, ln. 24-42 Col. 28, ln. 13-21 Col. 28, ln. 53-65 Col. 29. ln. 33-39 Col. 30 ln. 52-58 Col. 30 ln. 59-64 Col. 3, ln, 1-3 Col. 14, ln. 18-21 Col. 14, ln. 18-32 Col. 14, ln. 39 ­ Col. 15, ln. 6 Col. 15, ln. 18 ­ Col. 16, ln 7 Col. 16, ln 7-31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61 ­ Col. 17, ln. 5 Col. 17, ln. 5-25 Col. 17, ln. 26-36 Col. 17, ln. 38-60 Col. 1, ln. 28 ­ Col. 2, ln. 48. Col. 1, ln. 58-61 Col. 5, ln. 1-14 Col. 11, ln. 39-46 Col. 15, ln. 13 ­ 17 Col. 17, ln. 26-36 Col. 17, ln. 61 ­ Col. 19, ln. 15 Col. 19, ln. 40-52 Col. 28, ln. 53-65

Plaintiff's Evidence

16

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Col. 3, ln. 35-47 The prosecution history of U.S. Patent No. 5,832,494, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

storing the first

No construction

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not

17

Claim

Disputed Claim Term numerical representation for use in computerized searching

Plaintiff's Proposed Construction necessary limited to: Claim 41 Col. 4, ln. 40-46 Col. 22, ln. 35-62 Col. 11, ln. 4-10 Col. 10, ln. 53-Col. 11, ln. 3 Col. 5, ln. 5-9 Col. 4, ln. 5-9

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39

18

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

storing the second numerical representation for use in computerized searching

No construction necessary

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 41 Col. 4, ln. 40-46 Col. 22, ln. 35-62 Col. 11, ln. 4-10 Col. 10, ln. 53-Col. 11 ln. 3 Col. 4, ln. 5-9 Col. 5, ln. 5-9 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 35-47 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to:

19

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35

Plaintiff's Evidence

V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 The prosecution history of U.S. Patent No. 5,832,494, including, but not limited to: Notice of Allowability, dated 1-9-1998 at 3-5, Notice of references, Interview Summary IDS , dated 1-27-98, at 1-8; and attached docs Amendment after Notice of Allowance, dated 4-10-98, 1-12 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this

20

Claim

Disputed Claim Term

Plaintiff's Proposed Construction disputed term.

Plaintiff's Evidence

To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. 26 computerized searching No construction necessary The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 27 Claim 28 Claim 41 Fig. 3A-5G Col. 4, ln. 40-46 Col. 22, ln. 35-62 Col. 11, ln. 4-10 Col. 10, ln. 53-Col. 11 ln. 3 Col. 4, ln. 5-9 Col. 5, ln. 5-9 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 35-47 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4

21

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35 See citations for "selecting an object" for '494. V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 The prosecution history of U.S. Patent No. 5,832,494, including, but not limited to: Notice of Allowability, dated 1-9-1998 at 3-5, Notice of references, Interview Summary IDS , dated 1-27-98, at 1-8; and attached docs Amendment after Notice of Allowance, dated 4-10-98, 1-12 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16,

22

Claim

Disputed Claim Term

Plaintiff's Proposed Construction 18-20, 30-33, 36-39

Plaintiff's Evidence

See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. 27 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 searches, which use keywords and operators such as "AND," "OR" and "NOT" to locate documents The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 5 Col. 1, ln. 28 ­ Col. 2, ln. 48. Col. 1, ln. 58-61 Col. 5, ln. 1-14 Col. 11, ln. 39-46 Col. 15, ln. 13-17 Col. 19, ln. 40-52 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the

23

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

27

semantic indexing techniques

No construction necessary Alternatively, Plaintiff offers this construction for "semantic indexing techniques ": methods for creating and using indexes that use text analysis

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 5, 12 Col. 1, ln. 28 ­ Col. 2, ln. 48. Col. 1, ln. 58-61 Col. 5, ln. 1-14 Col. 11, ln. 39-46 Col. 15, ln. 13-17 Col. 17, ln. 26-36 Col. 17, ln. 61 ­ Col. 19, ln. 15 Col. 19, ln. 40-52 Col. 28, ln. 53-65 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the

24

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

33

coefficients of similarity

No construction necessary Alternatively, Plaintiff offers this construction for "coefficients of similarity ": Coefficients of similarity are values indicating similarity.

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Col. 14, ln. 2-17 Col. 16, ln 7--31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61--Col. 17, ln. 5 Col. 17, ln. 38-60 Col. 20, ln. 42-Col. 21, ln. 5 Col. 5, ln. 32-37 Col. 30 ln. 52-58 Col. 20, ln. 45-50 Col. 22, 63-Col. 23, ln. 2 Col. 5, ln. 5-7 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4

25

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

34

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

Marking portions of an object (words, phrases, paragraphs or other portions of an object)

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Col. 11, ln. 61-Col. 12, ln. 31 Col. 14, ln. 55-65 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

26

Claim 34

Disputed Claim Term subset

Plaintiff's Proposed Construction

Plaintiff's Evidence

A portion of an object The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not (word, phrase, limited to: paragraph, or other portion of an object). Col. 11, ln. 61-Col. 12, ln. 31 Col. 14, ln. 55-65 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

35

clustering the subsets into sections based upon the subset analysis

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

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 45 Claim 14 Claim 43 Fig. 3A-3C Fig. 4A-4I Col. 4, ln. 25-45

27

Claim

Disputed Claim Term

Plaintiff's Proposed Construction the subset numerical representations

Plaintiff's Evidence Col. 14, ln. 10-13 Col. 14, ln. 18-38 Col. 14, ln. 27-38 and Col. 17, ln. 10-16 Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln 7--31 Col. 16, ln. 32-42 Col. 20, ln. 42-Col. 21, ln. 5 Col. 22, ln. 35-44 Col. 17, ln. 6, ln -Col. 18, ln. 11 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Fig. 3F and 3G Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 50, ln. 22-45 Col. 3, ln. 25-47 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term.

28

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39. The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35 V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 The prosecution history of U.S. Patent No. 5,832,494, including, but not limited to: "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39

29

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

35

section

No construction necessary Alternatively, Plaintiff offers this construction for section: a group of subsets

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 3A-3C Col. 17, ln. 9-60 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term.

30

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

37

graphically displaying one or more of the identified objects

No construction necessary

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 1, 12, 20, 21-25 Fig. 5A to 5H, Sheets 19-26 Col. 6, ln. 1-20. Col. 10, ln. 4-8 Col. 11 ln. 4-27 Col. 11, ln. 62-col. 12, ln. 3 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Col. 50, ln. 46-col. 51 ln. 23 Col. 6, ln. 1-44 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to:

31

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Claims 14-16 and 18 Abstract Fig. 3A-3H, 14B Fig. 5A-5H Fig. 8, 10, 13 Col. 50, ln. 46-col. 51, ln. 23 Col. 6, ln. 1-44 Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,832,494, including, but not limited to: Notice of Allowability, dated 1-9-1998 at 3-5, Notice of references, Interview Summary IDS , dated 1-27-98, at 1-8, and attached docs Amendment after Notice of Allowance, dated 4-10-98, 1-12 V-Search Manual for Folio Views, including, but not limited to: 1-12, 28, 30 V-Search Manual for Toolkit, including, but not limited to: 1-6, 14-16, 23-24, 28, 32-35, 44-47, 49-63, 67-78, 97, 102-157

32

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 4H Col. 2, ln. 9-18 Col. 21, ln. 21-32 Col. 24, ln. 24-36 Col. 24, ln. 27-42 Col. 28, ln. 13-21 Col. 30, ln. 59-64 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term.

39

pool-importance searching to identify an important pool of textual objects, important in relation to the objects in the selected pool

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

33

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

39

pool-similarity searching to identify a similar pool of textual objects, similar in relation to the objects in marked 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

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 4C Fig. 4E Fig. 4F Col. 16, ln. 32-42 Col. 20, ln. 42-Col. 21, ln. 5 Col. 30 ln. 52-58 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

40

identifying a

identifying a pool of

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not

34

Claim

Disputed Claim Term paradigm pool of objects

Plaintiff's Proposed Construction exemplary, model, or archetypical objects that serve as a reference point for analyzing direct and indirect relationships between objects limited to: Col. 5, ln. 51-67 Fig. 4A-4I

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

41

A method for the non-semantical indexing of objects stored in a computer database, the method for use in searching the database for the 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

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Fig. 1 Fig. 3A Fig. 3B Fig. 3D Col. 1, ln. 1-11 Col. 1, ln. 28-Col. 2, ln. 48.

35

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 2, ln. 24-43 Col. 3, ln, 1-3 Col. 3, ln. 59-Col. 4, ln. 46 Col. 4, ln. 65-66 Col. 5, ln 19-32 Col. 7, ln. 22-24 Col. 10, ln. 54-Col. 11, ln. 6 Col. 11, ln. 28-38 Col. 11, ln. 51-60 Col. 11, ln. 60-67 Col. 14, ln. 18-21 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6 Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln. 43-61 Col. 16, ln. 61--Col. 17, ln. 5 Col. 17, ln. 5-25 Col. 17, ln. 26-36 Col. 17, ln. 38-60 Col. 24, ln. 24-36 Col. 29, ln. 33-39

Plaintiff's Evidence

The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62

36

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35

Plaintiff's Evidence

V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

37

Claim 41

Disputed Claim Term objects stored in a computer database

Plaintiff's Proposed Construction No construction necessary Alternatively, Plaintiff offers this construction for database: any electronic collection of objects stored in computer media

Plaintiff's Evidence The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 1 Col. 3, ln. 50-58 Col. 1, ln. 58-61 Col. 4, ln. 22-24 Col. 4, ln. 51-56 Col. 4, ln. 67-Col. 5, ln. 4 Col. 10, ln. 65-Col. 11, L 1 Col. 9, ln. 37-44 Col. 9, ln. 45-63 Col. 22, ln. 31-62 Col. 11, ln. 61-Col. 12, ln. 31 Col. 23, ln. 14-24 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 The claims, specification, and drawings of U.S. Patent No. 5,832,494, including, but not limited to: Col. 27, ln. 34-61 Col. 48, ln. 36--Col. 50, ln. 46

38

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 46, ln. 33-41 Col. 3, ln. 26-col. 4, ln. 62 Col. 38, ln. 38-52

Plaintiff's Evidence

The claims, specification, and drawings of U.S. Patent No. 6,233,571, including, but not limited to: Claim 4 The prosecution history of U.S. Patent No. 6,233,571, including, but not limited to: * Preliminary Amendment, dated 5- 4-98 at 1-29 Response to Restriction, dated 9-20-98 Amendment and Response, dated 6-6-00, at 2-12 Office Action, in response to 6-6-00 communication, at 5 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39. The claims, specification, and drawings of U.S. Patent No. 6,285,999. See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. 41 generating a second numerical representation for generating a second numerical representation for The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to:

39

Claim

Disputed Claim Term each object based on each object's references to other objects

Plaintiff's Proposed Construction each object within the set of indexed objects based on each object's references to other objects Abstract Fig. 3A-C Fig. 6 Col. 2, ln. 24-43 Col. 4, ln. 26-40 Col. 4, ln. 40-46 Col. 5, ln 19-32 Col. 12, ln. 32-61 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6

Plaintiff's Evidence

The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Col. 48, ln. 36-Col. 49, ln. 54 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

40

Claim 41

Disputed Claim Term creating a third numerical representation for each object

Plaintiff's Proposed Construction creating a third numerical representation for each object within the set of indexed objects

Plaintiff's Evidence The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Abstract Fig. 1 Fig. 3A-C Fig. 4C-I Fig. 6 Col. 1, ln. 1-11 Col. 1, ln. 28-Col. 2, ln. 48. Col. 2, ln. 24-43 Col. 3, ln, 1-3 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6 Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln 7--31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61--Col. 17, ln. 5 Col. 17, ln. 38-60 Col. 20, ln. 42-Col. 21, ln. 5 Col. 21, ln. 21-32 Col. 4, ln. 40-46 Col. 21, ln. 6-21 Col. 21, ln. 50-58 Col. 22, ln. 15-25 Fig. 3F and 3G Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35

41

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 48, ln. 36-Col. 50, ln. 21 Col. 50, ln. 22-45 Col. 3, ln. 25-47

Plaintiff's Evidence

The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35 V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33 V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to:

42

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

41

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

calculating a fourth numerical representation for each object within the set of indexed objects based on the Euclidean distances between the third numerical representations.

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 3A Fig. 3B Fig. 4G-I Col. 5, ln. 51-67 Col. 6, ln. 5-20 Col. 21, ln .6-20 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6 Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln 7-31 Col. 16, ln. 32-42 Col. 16, ln. 61-Col. 17, ln. 5 Col. 17, ln. 5-25 Col. 17, ln. 38-60

43

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 21, ln. 6-21 Col. 21, ln. 50-58 Col. 22, ln. 15-25 Col. 30, ln. 52-58 Col. 30, ln. 59-64 Col. 20, ln. 11-13

Plaintiff's Evidence

J.A. Hartigan, Clustering Algorithms (1975) The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean. 41 determining a fifth numerical representation for each object by processing the fourth numerical determining a fifth numerical representation for each object within the set of indexed objects by processing the The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Col. 7, ln. 22-24 Col. 16, ln 7-31 Col. 16, ln. 32-42

44

Claim

Disputed Claim Term representations through similarity processing

Plaintiff's Proposed Construction 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. Col. 16, ln. 61-Col. 17, ln. 5 Col. 17, ln. 5-25 Col. 17, ln. 26-36 Col. 17, ln. 38-60 Col. 20, ln. 42-Col. 21, ln. 5 Col. 5, ln. 32-37 Col. 28, ln. 53-65 Col. 30 ln. 52-58 Col. 14, ln. 2-17 Col. 16, ln. 43-61 Col. 16, ln. 61--Col. 17, ln. 5 Col. 20, ln. 42-Col. 21, ln. 5 Col. 5, ln. 32-37 Col. 30 ln. 52-58 Col. 20, ln. 45-50

Plaintiff's Evidence

The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

45

Claim 41

Disputed Claim Term storing the fifth numerical representations in the computer database as the index for use in searching for objects in the database

Plaintiff's Proposed Construction No construction necessary

Plaintiff's Evidence The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 1 Col. 4, ln. 5-46 Col. 4, ln. 66-Col. 4, ln. 4 Col. 10, ln. 19-Col. 11, ln. 3 Col. 22, ln. 35-44 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

42

clustering objects having similar characteristics

No construction necessary

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 14 Claim 43

46

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Claim 45 Fig. 3A-3C Fig. 4C-4I Col. 4, ln. 25-45 Col. 14, ln. 10-13 Col. 14 ln. 18-38 Col. 14 ln. 27-38 Col. 17, ln. 10-16 Col. 22, ln. 35-44 Col. 17, ln. 6, ln -Col. 18, ln. 11

Plaintiff's Evidence

The claims, drawings, and specification of U.S. Patent No. 5,832,494, including, but not limited to: Fig. 3H Col. 21, ln. 45-Col. 22, ln. 67 Col. 23, ln. 1-67 Col. 24, ln. 1-14 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39

47

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

43

clustering adjacent paragraphs that have similar characteristics

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

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Claim 14 Claim 43 Claim 45 Fig. 3A-3C Fig. 4C-4I Col. 4, ln. 25-45 Col. 14, ln. 10-13 Col. 14 ln. 18-38 Col. 14 ln. 27-38 Col. 17, ln. 10-16 Col. 22, ln. 35-44 Col. 17, ln. 6, ln ­ Col. 18, ln. 11 The claims, drawings, and specification of U.S. Patent No. 5,832,494, including, but not limited to: Fig. 3H Col. 21, ln. 45 ­ Col. 22, ln. 67 Col. 23, ln. 1-67 Col. 24, ln. 1-14

48

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7. Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 The claims, drawings and specification of U.S. Patent No. 5,832,494, including, but not limited to: Abstract Claims 14-16 and 18 Fig. 3A-3H, 14B Col. 13, ln. 13-21 Col. 21, ln. 30-Col. 24, ln. 35 Col. 48, ln. 36-Col. 50, ln. 21 Col. 3, ln. 26-Col. 4, ln. 62 Col. 3 ln, 35-47 Col. 4, ln. 5-37 Col. 22, ln. 32-39 Col. 10, ln. 59-col. 12, ln. 30 Col. 13, ln. 20-33 Col. 16, ln. 30-35 V-Search Manual for Folio Views, including, but not limited to: 1-12, 14, 21-25, 28, 30-33

49

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence V-Search Manual for Toolkit, including, but not limited to: 1-6 , 11, 14-16, 23-24, 28, 32-42, 44-47, 49-63, 67-81, 90-93, 97, 102-157 "Islay" Internet Search Service (Egg_0004045-86), including but not limited to:I,1, 3-16, 18-20, 30-33, 36-39 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

44

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,

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 3 Fig. 6 Col. 12, ln. 32-37 Col. 13, ln. 34-52 See also citations for generating a second numerical representation above. The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7.

50

Claim

Disputed Claim Term

Plaintiff's Proposed Construction 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 g, and h cites B; 11. i cites A, i cites e,

Plaintiff's Evidence Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

51

Claim

Disputed Claim Term

Plaintiff's Proposed Construction 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

Plaintiff's Evidence

44

weighing the analyzed second numerical representations according to the importance of the patterns

No construction necessary

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig. 6 Col. 12, ln. 32-37 Col. 13, ln. 34-52 The prosecution history of U.S. Patent No. 5,544,352, including, but not limited to: IDS dated 5-4-94 at 2-7 Examiner's Action, mailed date 9-23-94 Amendment and Response dated 3- 23-94 at 25-37 Examiner Action, dated June 7, 1995 at 2-7.

52

Claim

Disputed Claim Term

Plaintiff's Proposed Construction

Plaintiff's Evidence Request for Reconsideration of Final Rejection as Premature etc., dated 8-14-95 at 13-16 Notice of Allowability, 9-11-95 at 2-4 See also citations for generating a second numerical representation above. See Appendix. To the extent that a term appears in this chart, Plaintiff identifies the extrinsic evidence set forth in the Appendix in support of its proposed construction of this disputed term. To the extent that Defendants identify any expert testimony with respect to this claim element, Plaintiff designates rebuttal expert testimony as to what one skilled in the art would understand this claim term to mean.

45

entering search commands

No construction necessary

The claims, drawings and specification of U.S. Patent No. 5,544,352, including, but not limited to: Fig 4A Col. 5, ln. 65-col. 6, ln. 5 Col. 9, ln. 64-col. 10, ln. 8 Col. 14, ln. 30-45 Col. 18. ln. 33-40 Col. 22, ln. 10-20 Col. 6: 30-40 Col. 16, ln. 4-10 Abstract Claim 1 Fig. 1 Fig. 3A-3C Fig. 4A-4I Col. 1, ln. 1-11 Col. 1, ln. 28-Col. 2, ln. 48

53

Claim

Disputed Claim Term

Plaintiff's Proposed Construction Col. 2, ln. 24-43 Col. 5, ln. 5-9 Col. 14, ln. 30-33 Col. 19, ln. 1-Col. 23 ln. 14 Col. 4, ln. 40-46 Col. 5, ln. 32-37 Col. 24, ln. 24-42 Col. 28, ln. 13-21 Col. 28, ln. 53-65 Col. 29. Ln. 33-39 Col. 30 ln. 52-58 Col. 30 ln. 59-64 Col. 3, ln, 1-3 Col. 14, ln. 18-21 Col. 14, ln. 18-32 Col. 14, ln. 39-Col. 15, ln. 6 Col. 15, ln. 18-Col. 16, ln 7 Col. 16, ln 7--31 Col. 16, ln. 32-42 Col. 16, ln. 43-61 Col. 16, ln. 61-Col. 17, ln. 5 Col. 17, ln. 5-25 Col. 17, ln. 26-36 Col. 17, ln. 38-60 Col. 1, ln. 28-Col. 2, ln. 48. Col. 1, ln. 58-61 Col. 5, ln. 1-14 Col. 11, ln. 39-46 Col. 15, ln. 13-17 Col. 17, ln. 26-36 Col. 17, ln. 61-Col. 19, ln. 15 Col. 19, ln. 40-52

Plaintiff's Evidence

54

Claim

Disputed Claim Term

Plaintiff's P