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 D: DEFENDANTS' INTRINSIC AND EXTRINSIC EVIDENCE U.S. Patent No. 5,544,352
Claim 26 Disputed Claim Term A non-semantical method 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 Defendants' Evidence 3:51-59; 11:51-67; 17:63-18:11; '352 FH, 3/25/95 Response to Office Action; '352 FH, 5/4/94 IDS; '352 FH, '352 FH, 8/22/95 Response to Office Action

26

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

17:63-18:11; '352 FH, 3/25/95 Response to Office Action; '352 FH, 5/4/94 IDS; '352 FH, '352 FH, 8/22/95 Response to Office Action

26

a defined collection of electronic data available for computerized searching

Abstract; 1:39-2:62; 3:42-4:56; 4:5-27; 4:52-56; 12:18-30;

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 generating a second

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 (11:51-67) generating a second numerical

4:25-45; 11:51-67; 12:7-60; 14:38-15:17; 15:18-16:7; 16:48-60; 17:63-18:11; Fig. 6; '352 FH, 3/25/95 Response to Office Action

26

4:25-67; 12:7-60; 14:38-15:17; 15:18-16:7; 16:48-60; 17:63-18:11;

1

ockets.Justia.com

Claim

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

Defendants' Proposed Construction representation of each object in the database that describes the indirect citation relationships found by analyzing the first numerical representation

Defendants' Evidence Fig. 6; '352 FH, 3/25/95 Response to Office Action

26 26

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

each object that has been marked using the first numerical representations to locate and identify the indirect relationships 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 See construction for "computerized searching" below.

4:25-67; 10:53-11:10; 19:1-22:67; Fig. 4A and 4B; 3/23/95 Response at 26; 6/12/95 Office Action at 6-7 15:18-16:7; 16:48-60; 17:63-18:11; Fig. 6; '352 FH, 3/25/95 Response to Office Action to OA in 352 FH 4:25-67; 10:53-11:10; 19:1-22:67; 5/4/94 ID; 3/23/95 Response at 26; 6/12/95 Office Action at 6-7

26

26

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

4:25-67; 10:53-11:10; 19:1-22:67; 5/4/94 ID; 3/23/95 Response at 26; 6/12/95 Office Action at 6-7

26

See construction for "computerized searching" below.

4:25-67; 10:53-11:10; 19:1-22:67; 5/4/94 ID; 3/23/95 Response at 26; 6/12/95 Office Action at 6-7

26

retrieving objects from a database in response to selection of an object by

4:25-67; 10:53-11:10; 19:1-22:67; 5/4/94 ID; 3/23/95 Response at

2

Claim

Disputed Claim Term

Defendants' Proposed Construction an end user after the prior recited steps have been completed

Defendants' Evidence 26; 6/12/95 Office Action at 6-7 8:33-43; 15:9-17; 17:63-18:11; 18:13-35; '352 FH, 5/4/94 IDS;

27

boolean word index

a list of core English words and the respective paragraph numbers where those words are located creating a word index for text analysis a value between 0 and 100% representing the comparative Euclidean distance between two objects in the database 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 grouping paragraphs based on weighing their Euclidean distances and contiguity group of contiguous or related paragraphs displaying a graphic showing the

27 33

semantic indexing techniques coefficients of similarity

5:5-14; 5:39-50; 19:36-52; 15:9-17; 17:63-18:11 13:65-14:13; 16:13-19; 16:32-44; 17:57-60; 20:49-53

34

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

12:1-31;

34

12:1-31;

35

clustering the subsets into sections based upon the subset analysis section

4:35-37; 14:11-13; 14:27-29; 17:6-25

35

11:28-47; 12:18-31; 14:18-32; 17:6-18:67; 19:1-57

37

graphically displaying

7:11-13; 24:27-41; Cl. 21; '352 FH, 5/4/94 IDS

3

Claim

Disputed Claim Term one or more of the identified objects

Defendants' Proposed Construction relations, patterns, and similarity found among one or more of the identified objects

Defendants' Evidence

39

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

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 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

5:46-50; 21:21-34; '352 FH, 3/23/95 Response to Office Action

39

5:46-50; 20:55-21:10; '352 FH, 3/25/95 Response to Office Action

40

5:50-60; 21:7-20; 21:35-57; '352 FH, 3/25/95 Response to Office Action

41

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

3:51-59; 11:51-67; 12:32-35; 17:61-18:11; '352 FH, 3/25/95 Response to Office Action, '352 FH, 8/22/95 Response to Office Action

41

a defined collection of electronic data available for computerized searching

Abstract; 4:5-27; 4:52-56; 9:46-63; 12:18-30;

4

Claim 41

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

Defendants' Proposed Construction generating a second numerical representation for each labeled object

Defendants' Evidence 4:25-67; 12:7-60; 14:38-15:17; 15:18-16:7; 16:48-60; 17:63-18:11; Fig. 6; '352 FH, 3/25/95 Response to Office Action

41

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

4:25-67; 12:7-60; 14:38-15:17; 15:18-16:7; 16:48-60; 17:63-18:11; Fig. 6; '352 FH, 3/25/95 Response to Office Action 6:18-27; 13:56-64; 16:8-43; Fig. 4G; '352 FH , 3/25/95 Response to Office Action

41

41

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 selection of an object by an end user after the prior recited steps have been completed

5:38-46; 14:2-11; 16:13-19; 16:32-36; 17:57-60; 20:49-21:5

41

4:25-67; 10:53-11:10; 19:1-22:67; 5/4/94 ID; 3/23/95 Response at 26; 6/12/95 Office Action at 6-7

5

Claim 42 43 44

Disputed Claim Term clustering objects having similar characteristics clustering adjacent paragraphs that have similar characteristics empirically defined patterns

Defendants' Proposed Construction grouping objects based on weighing their Euclidean distances grouping paragraphs based on weighing their Euclidean distances and contiguity patterns of citation relationships previously identified as useful in search 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

Defendants' Evidence 5:19-25; 5:27-46; 14:11-27; 16:32-44; 17:17-23 5:19-25; 5:27-46; 14:11-27; 16:32-44; 17:17-23 12:31-46; 13:34-53; 15:18-16:7; 16:48-60; 17:63-18:11; Fig. 6; '352 FH, 3/25/95 Response to Office Action

44

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

13:17-52; 17:63-18:10

45

8:43-48; 9:64-10:3; 11:4-9; 19:40-48; 20:11; '352 FH, 5/4/94 IDS; 7:11-13; 24:27-41; Cl. 21; Fig. 5F; '352 FH, 5/4/94 IDS; '352 FH, 3/25/95 Response to Office Action

45

45

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

4:25-67; 5:51-61; 12:7-60; 14:38-15:17; 15:18-16:7; 16:48-60; 17:63-18:11; 21:7-20; Fig. 6; '352 FH, 3/25/95 Response to Office Action

6

U.S. Patent No. 5,832,494
Claim 1 All Disputed Term database Cluster link Defendants' Proposed Construction a defined collection of electronic data stored in a computer device that is connected to a computer processor 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 constructions of "actual cluster links" and "candidate cluster links" Defendants' Evidence See evidence for database in '352 patent 13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21; Uzzi, V-Search Integration Toolkit for Folio Views, User's Manual, 6 Dec. 1995 at 32 13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21 13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21

All All

Candidate cluster links Actual cluster links

1

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

13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21; Fig. 3H

1 All

13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21

1 3

selecting a node for analysis selecting the top rated candidate cluster links,

any entity that can be represented by a 12:34-40; 12:57-65; Uzzi, V-Search Integration Toolkit for Folio box on a display, for example, an Views, User's Manual, 6 Dec. 1995 at 32 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. identifying, by an end user, a node to 5:24-27; 24:35-51; 25:7-51; 35:14-33 be non-semantically analyzed choosing a subset of candidate cluster links whose weights indicate that they 22:32-24:14; 50:15-21

7

Claim

Disputed Term wherein the top rated candidate cluster links are those which are most closely linked to the node under analysis* external object activating the desired node 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 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

Defendants' Proposed Construction are the strongest cluster links for the node under analysis

Defendants' Evidence

7 7 8

an object that is not within the database Indefinite 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 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 non-semantically 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

38:42-52; 38:67-39:3; 46:33-67

38:42-52; 38:67-39:3; 46:33-67

9 12

38:42-52; 38:67-39:3; 46:33-67 13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21; Fig. 3H

12

13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21

12

5:24-27; 24:35-51; 25:7-51; 35:14-33

14

15:54-57; 22:5-45

8

Claim 14

Disputed Term for each path

Defendants' Proposed Construction for each chain of direct links between two nodes

Defendants' Evidence 13:21-33; 21:45-23:67; 49:14-50:21; Fig. 3H

14

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 numerical representation is used to identify objects generating a graphical display for representing an object

15

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 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

13:24-28; 21:54-67; 22:21-60; 23:43-44; 24:1-4; 50:15-21; Fig. 3H

13:24-28; 21:54-67; 22:21-60; 24:1-4; 50:15-21

18 18

Abstract; 10:1-56:11; '352 FH, 3/25/95 Response to Office Action in 352 FH; '352 FH, 5/4/94 IDS in 352 FH; 4:15-25; 11:38-43; 21:30-36; 24:26-34

23

Abstract; Figs. 5B to 8-4; Figs. 10A-1 to 10C-4;'352 FH, 5/4/94 IDS; 3:27-34

33 33

A method of representing data in a computer database generating node identifications based upon the assigned links, wherein node identifications are

Abstract; 10:1-56:11 13:3-9; 13:19-20; 39:9-20

9

Claim

33

Disputed Term generated so that each link represents a relationship between two identified nodes searching for node identifications using the stored links

Defendants' Proposed Construction

Defendants' Evidence

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

13:3-9; 13:19-20; 39:9-20

10

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 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-semantically 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 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 non-semantical analysis direct links that connect web pages, web sites, and documents outside the database 3:27-30; 4:5-9; 45:58-46:23; 50:28-36; Figs. 5A-5H; '571 FH, 6/6/00 Amendment 9:58-59; 12:39-46; 13:5-7; 37:37-47:40; 48:37-41; Fig. 10B; '352 FH, 5/4/94 IDS; '571 FH, 5/4/98 IDS; Uzzi, V-Search Integration Toolkit for Folio Views, User's Manual, 6 Dec. 1995 at 32-33 Defendants' Evidence 12:39-46; 13:5-7; 35:25-27; 38:51-60; 41:59-42:4; 42:37-47; 43:4967; 45:1-41; 45:58-46:23; 46:45-49; 47:1-31; Fig. 10B; '571 FH, 6/6/00 Amendment

1

1

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

2

41:59-42:4; 45:58-46:23; Uzzi, V-Search Integration Toolkit for Folio Views, User's Manual, 6 Dec. 1995 at 32-33

5

choosing a node

12:39-46; 24:32-27:27; 41:59-42:4; 45:58-46:49; 48:28-30; 49:12-16; 50:28-36; Figs. 14A & 14B; '571 FH, 5/4/98 IDS 48:19-49:16; 51:6-18

All

hyperjump data / hyperjump links

11

Claim 5

Disputed Term wherein the step of determining comprises proximity analyzing the identified hyperjump data

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

Defendants' Evidence Abstract; 3:31-39; 3:54-4:36; 7:41-47; 11:35-52; 13:40-55; 50:4-27; '571 FH, 5/4/98 IDS

10

visually representing displaying information using more more than one coordinate than two axes plane

Abstract; 6:6-24; 35:65-42:36; 50:40-50; Figs. 5B to 8-4; Figs. 10A-1 to 10C-4; James, Mathematics Dictionary, 5th ed.; James, Mathematics Dictionary, 4th ed.; Karush, Webster's New World Dictionary of Mathematics; Clapham, The Concise Oxford Dictionary of Mathematics, 2d ed. 9:58-59; 12:39-46; 13:5-7; 37:37-47:40; 48:37-41; Fig. 10B; '352 FH, 5/4/94 IDS; '571 FH, 5/4/98 IDS; Uzzi, V-Search Integration Toolkit for Folio Views, User's Manual, 6 Dec. 1995 at 32-33

11

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

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

12

identifying, by an end user, an identifiable web page for nonsemantical 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

12:39-46; 24:32-27:27; 41:59-42:4; 45:58-46:49; 48:28-30; 49:12-16; 50:28-36; Figs. 14A & 14B; '571 FH, 5/4/98 IDS Abstract; 13:31-36; 21:30-24:11; 48:46-50:3; Figs. 3G, 3H, 10C, 14B; '571 FH, 5/4/98 IDS

12

12

Claim 15

Disputed Term generate a graphical user display

Defendants' Construction 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 non-semantical cluster analysis 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 non-semantical 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

Defendants' Evidence Abstract; 3:31-39; 3:51-53; 6:25-33; 29:51-52; 35:65-47:40; 50:2851:5; Figs. 5B to 8-4; Figs. 10A-1 to 10C-4; '352 FH, 5/4/94 IDS; '571 FH, 5/4/98 IDS

16

cluster analyzing the Universal Resource Locators for indirect relationships

Abstract; 13:31-36; 21:30-24:11; 48:46-50:3; Figs. 3G, 3H, 10C, 14B; '571 FH, 5/4/98 IDS

16

choosing a document

12:39-46; 24:32-27:27; 41:59-42:4; 45:58-46:49; 48:28-30; 49:12-16; 50:28-36; Figs. 14A & 14B; '571 FH, 5/4/98 IDS Abstract; 13:31-36; 21:30-24:11; 48:46-50:3; 51:6-11; Figs. 3G, 3H, 10C, 14B; '571 FH, 5/4/98 IDS

18

cluster analyzing the pages

21 22

choosing a node indirect reference

12:39-46; 24:32-27:27; 41:59-42:4; 45:58-46:49; 48:28-30; 49:12-16; 50:28-36; Figs. 14A & 14B; '571 FH, 5/4/98 IDS See evidence for "indirect relationships " in '352 patent

13

Claim 22

Disputed Term 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

Defendants' Construction 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

Defendants' Evidence 9:58-59; 12:39-46; 13:5-7; 37:37-47:40; 48:37-41; Fig. 10B; '352 FH, 5/4/94 IDS; '571 FH, 5/4/98 IDS; Uzzi, V-Search Integration Toolkit for Folio Views, User's Manual, 6 Dec. 1995 at 32-33

14