Aloft Media, LLC v. Google, Inc.

Filing 52

MOTION to Compel Compliance with Patent Rule 3-1 by Google, Inc.. (Attachments: #1 Declaration of R. Perry, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Text of Proposed Order)(Jones, Michael)

GOOGLE'S MOTION TO COMPEL COMPLIANCE WITH PATENT RULE 3-1

Exhibit 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ALOFT MEDIA, LLC, Plaintiff, v. GOOGLE, INC. Defendant. Civil Action No. 6:08-cv-440-LED JURY TRIAL DEMANDED

PLAINTIFF ALOFT MEDIA LLC'S PATENT RULE 3-1 DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS AND RULE 3-2 DISCLOSURE

Pursuant to P.R. 3-1 and the Court's April 15 2009 Order (CPN 036), plaintiff Aloft Media, LLC (hereafter "Aloft") hereby submits its disclosure of asserted claims and infringement contentions to Google, Inc. (hereafter "Google") as set forth below: (1) Google, directly and/or indirectly infringes U.S. Patent No. 7,194,691 ("the `691

patent") entitled "Network Browser Window with Adjacent Identifier Selector Interface for Storing Web Content.," and U.S. Patent No. 7,117,443 (the "`443 patent"), entitled "Network Browser Window with Adjacent Identifier Selector Interface for Storing Web Content." ­ (collectively referenced as "patents-in-suit"). Based on information presently available, Aloft provides the charts in Exhibits A and B. Such charts contain representative examples of infringement by the Accused Instrumentalities. (2) Aloft contends that the asserted claims are directly infringed by the making, using

and selling of the Accused Instrumentalities. Additionally, or in the alternative if Google is deemed not to directly infringe any asserted claim, then Aloft contends that Google indirectly

infringes such claims. Without limitation, Aloft contends that Google indirectly infringe the asserted claims by actively and knowingly inducing, aiding and abetting others ­ including without limitation users of the Accused Instrumentalities. (3) Based on information presently available, Aloft asserts that each limitation of

each asserted claim is literally present in the accused instrumentalities. Because Aloft contends that Google literally infringes the asserted claims, Aloft has not incorporated any analysis with respect to possible infringement under the doctrine of equivalents. Aloft reserves the right to assert that Google is liable for infringement under the doctrine of equivalents. (4) Pursuant to P.R. 3-1(e), Aloft contends that the asserted claims of the `691 patent

and '443 patent are entitled to a priority date of September 24, 2001, as reflected on the face of each patent. (5) In accordance with P.R. 3-2 (c), Aloft has produced documents bearing the

identification ALOFT 000001 ­ ALOFT 053487.1 (6) Pursuant to Local Patent Rule 3-1(f), Aloft contends that the Google Chrome

Browser marketed by Google incorporates each of the inventions described by claims 1, 17, 18 and 21 of the `691 patent; and claims 36 and 37 of the `443 patent. Discovery in this matter is at a very early stage and is ongoing. Aloft's investigation concerning the accused products and potential grounds of infringement is ongoing. This local patent rule disclosure is therefore based upon information Aloft has been able to obtain publicly, together with Aloft's current good faith beliefs regarding the accused instrumentalities, and is given without prejudice to Aloft's right to supplement or amend its disclosure as additional facts are ascertained, analyses are made, and

ALOFT 000001 ­ ALOFT 053487 have been previously produced in connection with Aloft Media, LLC v. Microsoft Corporation, et al., (Case No. 6:08-CV-50 JDL).

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claims are construed. Further, Aloft reserves the right to amend and further supplement these contentions as any additional products come into existence. DATED: May 22, 2009 Respectfully submitted, /s/ Danny L. Williams Eric M. Albritton Texas Bar No. 00790215 Craig Tadlock Texas Bar No. 00791766 Adam A. Briggs Texas Bar No. 24051753 ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Thomas John Ward, Jr. Texas Bar No. 00794818 WARD & SMITH LAW FIRM P O Box 1231 Longview, TX 75606-1231 Telephone: [phone] Facsimile: [phone] [e-mail] Danny L. Williams Texas Bar No. 21518050 Christopher N. Cravey Texas Bar No. 24034398 Matthew R. Rodgers Texas Bar No. 24041802 Michael A. Benefield Indiana Bar No. 24560-49 WILLIAMS, MORGAN & AMERSON, P.C. 10333 Richmond, Suite 1100 Houston, Texas 77042 Telephone: [phone] Facsimile: [phone] [e-mail]

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[e-mail] [e-mail] [e-mail] Scott E. Stevens State Bar No. 00792024 Kyle J. Nelson State Bar No. 24056031 STEVNS LAW FIRM P.O. Box 807 Longview, Texas 75606 Tel: [phone] Fax: [phone] [e-mail] [e-mail] ATTORNEYS FOR PLAINTIFF ALOFT MEDIA, LLC

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CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document has been sent to counsel of record by E-Mail on May 22, 2009. /s/ Mark Dunglinson Litigation Paralegal

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EXHIBIT A

US Pat. 7,194,691 1. A computer-implemented method, comprising: in association with a network browser for browsing content on a network including the Internet, displaying a plurality of identifiers adjacent to a window in which content associated with uniform resource locators (URLs) is displayed, utilizing a processor coupled to memory;

Google Chrome Google Chrome includes a computer program product adapted to be embodied on a computer readable medium and includes a network browser, which provides a computer-implemented method recited in claim 1. Google Chrome is a browser for browsing content on a network, including the Internet. Google Chrome displays a plurality of identifiers (e.g., item 1) adjacent to a window in which content associated with URLs is displayed, using a processor coupled to a memory, e.g., a computer.

(1)

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EXHIBIT A

allowing a user to pre-select one of the identifiers which is different from the URLs; and thereafter,

Google Chrome allows a user to pre-select at least one of the identifiers. The pre-selection of one of the identifiers is exemplified below. A user can pre-select one of the identifiers (e.g., "Oranges") by interfacing the mouse pointer with the identifier.

displaying the content associated with at least one of the URLs utilizing the network browser,

Google Chrome displays the content associated with at least one of the URLs (e.g., oranges.com), as exemplified below.

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EXHIBIT A

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EXHIBIT A

correlating selected displayed content with the preselected identifier in a manner that is based on the pre-selected identifier which is different from the URLs, and

Google Chrome correlates selected displayed content with the preselected identifier. When a user conducts orange-related research (i.e. visits other URL-content that is to be correlated with the "Oranges" identifier), the "Close" button may be selected to correlate content with the preselected identifier. The selected displayed content is correlated with the pre-selected identifier in a manner that is dependent on the pre-selected identifier (which is distinct with respect to the URLs). The user can then continue browsing and correlating orange-related content with the "Oranges" identifier, without having to post-select the "Oranges" identifier each time. That is, after the pre-selection, the same identifier (e.g., the "Oranges" identifier, etc.) is correlated with any selected displayed content thereafter, as claimed.

The correlation is exemplified below.

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EXHIBIT A

storing the selected displayed content.

Google Chrome stores the selected displayed content (e.g., content associated with oranges.com). (e.g., see item 2, below)

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EXHIBIT A

(2) -- Stored displayed content (e.g., content of www.oranges.com)

The storage of content is further exemplified below.

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EXHIBIT A

17. A method as recited in claim 1, The URL associated with the selected displayed content is stored. wherein the URL associated with the selected displayed content is stored therewith.

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EXHIBIT A

18. A method as recited in claim 1, wherein any content selected during use of the network browser results in automatic correlation with the pre-selected identifier.

As demonstrated above, content is correlated with the preselected identifier (e.g., Oranges) following selection of the "Close" button. In this example, selection of the "Close" button results in correlation without further user interaction.

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EXHIBIT A

21. A computer program product embodied on a computer readable medium for use in association with a network browser, comprising:

Google Chrome is a computer program product adapted to be embodied on a computer readable medium and includes a network browser.

Google Chrome includes computer code displaying a plurality of identifiers (e.g., item 3) adjacent to computer code for displaying a plurality of identifiers adjacent to a window in which content associated with URLs is displayed. a window in which content associated with uniform resource locators (URLs) is displayed, in association with a network browser for browsing content on a network including the Internet;

(3) computer code for allowing a user to pre-select at least one of the identifiers; and Google Chrome includes computer code that allows a user to pre-select at least one of the identifiers.

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EXHIBIT A

The pre-selection of one of the identifiers is exemplified below. A user can pre-select one of the identifiers (e.g., "Oranges") by interfacing the mouse pointer upon the identifier.

computer code for correlating selected displayed content with the pre-selected identifier in a manner that is dependent on the pre-selected identifier which is distinct with respect to the URLs.

Google Chrome correlates selected displayed content with the pre-selected identifier. When a user conducts orange-related research (i.e. visits other URL-content that is to be correlated with the "Oranges" identifier), the "Close" button may be selected to correlate content with the preselected identifier. The selected displayed content is correlated with the pre-selected identifier in a manner that is dependent on the pre-selected identifier (which is distinct with respect to the URLs). The user can then continue browsing and correlating orange-related content with the "Oranges" identifier, without having to post-select the "Oranges" identifier each time. That is, after the pre-selection, the same identifier (e.g., the "Oranges" identifier, etc.) is correlated with any selected displayed content thereafter, as claimed.

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EXHIBIT A

The correlation is exemplified below.

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EXHIBIT A

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EXHIBIT B

US Pat. 7,117,443 36. A computer program product embodied on a computer readable medium for displaying a network browser graphical user interface for storing content in association with a network browser, comprising: computer code for working in conjunction with a network browser window associated with a network browser for displaying Internet content associated with uniform resource locators (URLs) during network browsing; and

Google Chrome Google Chrome is a computer program product adapted to be embodied on a computer readable medium and includes a network browser that is operable to display a network browser graphical user interface. The graphical user interface provided by Google Chrome includes a capability to effect storage of browser content.

Google Chrome includes computer code that works in conjunction with a network browser window and displays Internet content associated with URLs (e.g., www.orange.com) during browsing. See exemplary illustration below.

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EXHIBIT B

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EXHIBIT B

computer code for displaying a plurality of identifiers in a window separate from the window in which the content is displayed;

Google Chrome includes computer code for displaying a plurality of identifiers (e.g., item 1) in a window separate from the browser window displaying the content. See exemplary illustration below.

(1)

As an example, the identifiers in this example are "Links," "News," and "Oranges." The identifiers are displayed in a window that is separate from the Google Chrome content display window. wherein a user is allowed to preselect one of the identifiers which is Google Chrome allows a user to pre-select one of the identifiers, which is separate from the URLs of the browser. The pre-selection of one of the identifiers is exemplified below. For example, a user can pre-select

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EXHIBIT B

separate from the URLs;

one of the identifiers (e.g., "Oranges") by interfacing the mouse pointer upon the identifier.

A user is allowed to pre-select one of the identifiers (e.g., "Oranges"), which is separate from the URLs (e.g., www.oranges.com)

An identifier ("Oranges" in this example) can be pre-selected by "clicking" it with a mouse cursor. The pre-selected identifier is distinct with respect to the URLs. In this example, the identifier "Oranges" is distinct from the URL www.oranges.com. wherein, after the pre-selection, selected content associated with at Google Chrome correlates selected content with the pre-selected identifier. As an example, when a user conducts orange-related research (i.e. visits other URL-content that is to be correlated with the "Orange" identifier), all that is required is clicking on "star" button and clicking

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EXHIBIT B

least one of the URLs displayed during use of the network browser is correlated with the pre-selected identifier in a manner that is dependent on a selection of the pre-selected identifier which is separate from the URLs, and stored;

on the "Close" button. The selected content is correlated with the pre-selected identifier in a manner that is dependent on the pre-selected identifier (which is distinct with respect to the URLs). The user can continue browsing and correlating orange-related content with the "Orange" identifier, without having to post-select the "Orange" identifier each time. That is, after the pre-selection, the same identifier (e.g. the "Orange" identifier, etc.) is correlated with any selected content thereafter, as claimed.

The correlation is exemplified below.

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EXHIBIT B

Google Chrome Browser also includes computer code for storing the content, see example below.

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EXHIBIT B

Stored displayed content (e.g., content of www.oranges.com)

The storage of content is further exemplified below.

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EXHIBIT B

wherein the identifiers are capable of being manually entered by the user;

Google Chrome allows a user to manually enter an identifier. See exemplary illustration below.

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EXHIBIT B

(3)

(2)

As an example, a user can click on the "Customize and Control" button (item 2, shown above) to access the control window. The user may then select the "Bookmark manager" (item 3). Upon selecting the "Bookmark manager" option, a "Bookmark manager" window is opened by Google Chrome (see exemplary illustration below). A user may then select a directory (e.g., "Other bookmarks" directory ­ item 4 shown below) to manually enter an identifier.

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EXHIBIT B

(4)

In the Bookmark Manager window, the user may select, for example, "Other Bookmarks" (item 4) in which to manually enter an identifier. The user may then click on the "Organize" button (Item 5) (see exemplary Illustration below).

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EXHIBIT B

(5)

(6)

After clicking the "Organize" tab, the user may select the "Add folder" option (item 6) in order to initiate a window (e.g., item 7, shown below) that would allow the user to manually enter an identifier. As illustrated below, upon selection of "Add folder," Google Chrome provides a "New folder" dialog box (item 7). The user may manually enter an identifier (e.g., "Oranges") into the "Add folder" dialog box, as shown in the example provided below.

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EXHIBIT B

(7)

Upon manually entering the identifier "Orange" into the "New folder" dialog box, Google Chrome creates the identifier "Orange" (item 8, shown below).

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EXHIBIT B

(8)

wherein any content selected during use of the network browser results in automatic correlation of the content with the manually entered, pre-selected identifier which is separate from the URLs.

Selected content is correlated with the pre-selected identifier upon clicking the "Close" button in the "Bookmark" dialogue box, without further user interaction. See exemplary illustration below.

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EXHIBIT B

In this example, the "Oranges" identifier was manually entered and pre-selected. The Oranges identifier is distinct from the URL www.oranges.com.

US 7,117,443 37. A computer program product embodied on a computer readable medium for displaying a network browser graphical user

Google Chrome Google Chrome is a computer program product adapted to be embodied on a computer readable medium and display a network browser graphical interface.

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EXHIBIT B

interface, comprising: computer code for working in conjunction with a network browser window associated with a network browser for displaying Internet content associated with uniform resource locators (URLs) during network browsing; and

Google Chrome includes computer code that works in conjunction with a network browser window and displays Internet content associated with URLs (e.g., www.orange.com) during browsing. See exemplary illustration below.

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EXHIBIT B

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EXHIBIT B

computer code for displaying a plurality of identifiers in a portion of the network browser graphical user interface to the side of the window in which the content is displayed;

Google Chrome includes computer code for displaying a plurality of identifiers (e.g., item 10) in a portion of the network browser graphical user interface that is to the side of the window in which content is displayed. See illustration below:

(10)

wherein a user is allowed to preselect at least one of the identifiers in the portion of the network browser graphical user

Google Chrome allows a user to pre-select at least one of the identifiers. The pre-selection of one of the identifiers is exemplified below. A user can pre-select one of the identifiers (e.g., "Oranges") by interfacing the mouse pointer upon the identifier.

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EXHIBIT B

interface to the side of the window in which the Internet content associated with the URLs is displayed, in association with the network browser;

A user is allowed to pre-select one of the identifiers (e.g., "Oranges"), which is separate from the URLs (e.g., www.oranges.com)

An identifier ("Oranges" in this example) can be pre-selected by "clicking" it with a mouse cursor. The pre-selected identifier is distinct with respect to the URLs. wherein, after the pre-selection, selected content associated with at least one of the URLs displayed during use of the network browser is Google Chrome correlates selected content with the pre-selected identifier. As an example, when a user conducts orange-related research (i.e. visits other URL-content that is to be correlated with the "Orange" identifier), all that is required is clicking on the "star" button and clicking on the "Close" button. The selected content is correlated with the pre-selected identifier in a manner that is dependent on the pre-selected identifier (which is distinct with respect to the URLs). The user can continue browsing and correlating orange-related content with the "Orange" identifier, without having to post-select the "Orange" identifier each time. That is, after the pre-

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EXHIBIT B

correlated with the pre-selected identifier in a manner that is based on the preselected identifier which is distinct with respect to the URLs, and stored;

selection, the same identifier (e.g. the "Orange" identifier, etc.) is correlated with any selected content thereafter, as claimed.

The correlation is exemplified below.

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EXHIBIT B

Google Chrome Browser also includes computer code for storing the content, see example below.

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EXHIBIT B

Stored content (e.g., content of www.oranges.com)

The storage of content is further exemplified below.

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EXHIBIT B

wherein the preselected identifier is distinct with respect to the URLs and is capable of being manually modified by the user utilizing a userselectable object adapted for modifying.

A user is allowed to manually modify the pre-selected identifier, which is distinct from the URLs (e.g., oranges.com). For example, in order to manually modify the identifier, the user utilizes a user-selectable object adapted for modifying. For example, by right clicking one of the identifiers, an interface is provided for modifying the pre-selected identifier. See below, for example.

As an example, in the "Bookmark manager" window, subsequent to right clicking the "Oranges" identifier, a user selectable object is provided for modifying the identifier (see below).

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EXHIBIT B

Following selection of the "Edit" option (see above), the "Oranges" identifier is capable of being manually modified using the dialog box "Edit folder name" (item 11), as illustrated below.

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EXHIBIT B

(11)

The pre-selected identifier is distinct with respect to the URLs. In this example, "Oranges" is distinct from the URL www.oranges.com.

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