Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 309

CLAIM CONSTRUCTION CHART filed by AOL Inc, Amazon.com Inc., Bedrock Computer Technologies, LLC, Google Inc., Match.Com LLC, MySpace Inc., Softlayer Technologies, Inc., Yahoo! Inc.. (Attachments: #1 Exhibit A - Joint Claim Construction Chart)(Williams, E Danielle)

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Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al EXHIBIT A Disputed Claims 1. An information storage and retrieval system, the system comprising: a linked list to store and provide access to records stored in a memory of the system, at least some of the records automatically expiring, a record search means utilizing a search key to access the linked list, the record search means including a means for identifying and removing at least some of the expired ones of the records from the linked list when the linked list is accessed, and means, utilizing the record search means, for accessing the linked list and, at the same US2008 1634742.1 Disputed Claim Term Defendants' Proposed or Phrase Construction linked list to store and Two or more records in which each record provide access to contains a pointer to the records next record in the list or information indicating that there is no next record. Becoming obsolete and automatically no longer needed or expiring / expired desired in the storage system because of some external condition / obsolete and no longer needed or desired in the storage system because of some external condition. Both identification and identifying and removal of the removing at least automatically expired some of the expired record(s) occurs during ones of the records the same traversal of the from the linked list when the linked list is linked list. accessed While traversing the identifying and linked list, both adjusting removing at least the pointers in the linked some of the expired list to bypass the ones of the records previously identified from the linked list Bedrock's Proposed Construction A list in which each record contains a pointer to the next record or information indicating that there is no next record. Court's Construction After a limited period of time or after the occurrence of some event, becoming obsolete and therefore no longer needed or desired in the storage system / obsolete and therefore no longer needed or desired in the storage system. Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Doc. 309 Att. 1 Dockets.Justia.com Disputed Claims time, removing at least some of the expired ones of the records in the linked list. Disputed Claim Term Defendants' Proposed or Phrase Construction when the linked list is expired records and deallocating the memory accessed occupied by those records. determining whether a identifying and record is expired by removing at least comparing some portion some of the expired of the contents of the ones of the records record to some external from the linked list when the linked list is condition accessed Indefinite a record search means utilizing a search key to access the linked list Bedrock's Proposed Construction Court's Construction Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Function: The recited function is record searching utilizing a search key to access the linked list. Structure: The corresponding structure is: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52 56; and (2) Executable software instructions as illustrated in Boxes 31-36 and Boxes 39-41 of FIG. 3, or as portions of the pseudo-code of Search Table Procedure (cols. 11 US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase the record search means including a means for identifying and removing at least some of the expired ones of the records from the linked list when the linked list is accessed Bedrock's Proposed Construction and 12) or Alternate Version of Search Table Procedure (cols. 11, 12, 13, and 14), and described in col. 5, line 57-col. 6 line 4 and col. 6 lines 15-20, or the equivalents thereof. Function: record searching Function: identifying including identifying and and removing at least removing at least some of the some [of the] expired expired ones of the records from ones of the records from the linked list [of records] the linked list when the linked list is accessed. when the linked list is accessed. Structure: (1) Portions of the application software, user access For the construction of software or operating system this function, see software, as described at col. 4, proposed constructions lines 30-48 and illustrated in above, as further FIG. 2, of a computer system that described in Joint Claim includes at least a CPU 10 and Construction Statement RAM 11, see FIG. 1 and col. 3 [Dkt. 251]. lines 52-56. (2) Executable Structure: Boxes 10 and software as described in Boxes 33-42 of FIG. 3, and/or as 11 of Fig. 1, Boxes 38 pseudo-code in the Search Table and 42 of Fig. 3, Fig 4, pseudocode in the Search Procedure (cols. 11 and 12) or Alternate Version of Search Procedure (cols. 11-14) Table Procedure (cols. 11-14) and Remove Procedure starting at the line "while ... (cols. 13-14), and corresponding portions of /*HEART OF THE TECHNIQUE..." and ending at the specification. Defendants' Proposed Construction Court's Construction US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase means, utilizing the record search means, for accessing the linked list and, at the same time, removing at least some of the expired ones of the records in the linked list Bedrock's Proposed Construction the end of each procedure, and/or as described in col. 5, line 63 col. 6, line 34, or the equivalents thereof. Function: utilizing the record Function: utilizing the search means, accessing the record search means, [accessing the linked list / linked list and, at the same time, inserting, retrieving, and removing at least some of the deleting from the system] expired ones of the records in the linked list. and, at the same time, removing at least some of Structure: (1) Portions of the the expired ones of the records in the linked list. application software, user access software or operating system software, as described at col. 4, "At the same time" lines 30-48 and illustrated in means during the same traversal of the linked list FIG. 2, of a computer system that includes at least a CPU 10 and as [accessing the linked list / inserting, retrieving, RAM 11, see FIG. 1 and col. 3 and deleting records from lines 52-56. (2) Executable software which provides the the system]. insert, retrieve, or delete record capability illustrated in the For the construction of flowchart of FIG. 5, FIG. 6, or "removing ...", see FIG. 7, respectively, and/or as proposed construction pseudo code of Insert Procedure above, as further (cols. 9 and 10), Retrieve described in Joint Claim Procedure (cols. 9, 10, 11, and Construction Statement 12), or Delete Procedure (cols. [Dkt. 251]. 11 and 12), respectively, and/or Structure: Boxes 10 and described in col. 7, line 65 - col. Defendants' Proposed Construction Court's Construction US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase Defendants' Proposed Bedrock's Proposed Construction Construction 11 of Fig. 1; Figs. 4-7, 8, line 32, col. 8, lines 33-44, or pseudocode in the Search col. 8 lines 45-59, or the Procedure (cols. 11-14), equivalents thereof. Insert Procedure (cols. 9 and 10), Retrieve Procedure (cols. 9 and 10), Delete Procedure (cols. 11-12), and Remove Procedure (cols. 13-14), and corresponding portions of the specification. Court's Construction 2. The information storage and retrieval system according to claim 1 further including means for dynamically determining maximum number for the record search means to remove in the accessed linked list of records. Inserting, retrieving, and deleting are all required. Immediately before the dynamically linked list is traversed, determining maximum number for determining a single number that serves as an the record search upper limit on the means to remove when the linked list is number of records to remove while the linked accessed list is traversed Indefinite means for dynamically determining maximum number for the record search means to remove when the linked list is accessed Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Function: The recited function is dynamically determining maximum number of records for the record search means to remove in the accessed linked list of records. Structure: The corresponding US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase Defendants' Proposed Construction Bedrock's Proposed Construction structure is: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52-56; and (2) Executable software, as described in col. 6, line 56 - col. 7, line 15, that dynamically chooses among removal strategies (e.g., chooses whether to execute Search Table Procedure [cols. 11-12] or Alternate Version of Search Table Procedure [cols. 11-14]) "at the time the record search means is invoked by the caller, thus sometimes removing all expired records, at other times removing some but not all of them, and yet at other times choosing to remove none of them. Such a dynamic decision can be based on factors such as, for example, how much memory is available in the system storage pool, general system load, time of day, the number of records currently residing in the Court's Construction US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase Defendants' Proposed Construction 3. A method for storing and retrieving information records using a linked list to store and provide access to the records, at least some of the records automatically expiring, the method comprising the steps of: accessing the linked list of records, identifying at least some of the automatically expired ones of the records, and removing at least some of the automatically expired records from the linked list when the linked list is accessed. linked list to store and Two or more records in which each record provide access to the contains a pointer to the records next record in the list or information indicating that there is no next record. Becoming obsolete and automatically no longer needed or expiring / expired desired in the storage system because of some external condition / obsolete and no longer needed or desired in the storage system because of some external condition. Both identification and identifying at least removal of the some of the automatically expired automatically expired record(s) occurs during ones of the records, the same traversal of the and linked list. removing at least some of the Bedrock's Proposed Construction information system, and other factors both internal and external to the information storage and retrieval system itself" (col. 7, lines 1-10), or the equivalent thereof. A list in which each record contains a pointer to the next record or information indicating that there is no next record. Court's Construction After a limited period of time or after the occurrence of some event, becoming obsolete and therefore no longer needed or desired in the storage system / obsolete and therefore no longer needed or desired in the storage system. No Construction Necessary. US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase automatically expired records from the linked list when the linked list is accessed. removing at least some of the automatically expired records from the linked list when the linked list is accessed Defendants' Proposed Construction Bedrock's Proposed Construction Court's Construction While traversing the linked list, both adjusting the pointers in the linked list to bypass the previously identified expired records and deallocating the memory occupied by those records. determining whether a record is expired by comparing some portion of the contents of the record to some external condition identifying at least some of the automatically expired ones of the records Ordering of Method Claim Steps The elements of claim 3 must be executed in order. Moreover, "when the No construction necessary; however, should the Court construe this term: "removing at least some of the automatically expiring records from the linked list when the linked list is accessed for a purpose other than garbage collection, using the same linked list traversal performed for the purpose other than garbage collection." No construction necessary; however, should the Court construe this term: "identifying at least some of the automatically expired ones of the records when the linked list is accessed for a purpose other than garbage collection, using the same linked list traversal performed for the purpose other than garbage collection." No construction needed. If the Court is inclined to address this issue, then it should hold that the steps of claim 3 may be US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase 4. The method according to claim 3 further including the step of dynamically determining maximum number of expired ones of the records to remove when the linked list is accessed. 5. An information storage and retrieval system, the system comprising: a hashing means to provide access to records stored in a memory of the system and using an external chaining technique to store the records with same hash address, at least some of the records automatically expiring, dynamically determining maximum number of expired ones of the records to remove when the linked list is accessed external chaining Defendants' Proposed Construction linked list is accessed" in the removing step refers to the accessing step, and the identifying and removing steps must occur during the same traversal of the linked list of records. Immediately before the linked list is traversed, determining a single number that serves as an upper limit on the number of records to remove while the linked list is traversed [AGREED] Bedrock's Proposed Construction performed in a consecutive manner, in a repeating manner, in an overlapping manner, or a combination of the three. Court's Construction Determining, during program execution, maximum number of expired ones of the records to remove when the linked list is accessed [AGREED] a technique for resolving hash collisions using a linked list(s) linked list of records automatically expiring / expired Two or more records in which each record contains a pointer to the next record in the list or information indicating that there is no next record. Becoming obsolete and no longer needed or desired in the storage A list in which each record contains a pointer to the next record or information indicating that there is no next record. After a limited period of time or after the occurrence of some event, becoming obsolete and US2008 1634742.1 Disputed Claims a record search means utilizing a search key to access a linked list of records having the same hash address, the record search means including means for identifying and removing at least some expired ones of the records from the linked list of records when the linked list is accessed, and mea[n]s, utilizing the record search means, for inserting, retrieving, and deleting records from the system and, at the same time, removing at least some expired ones of the records in the accessed linked list of records. Disputed Claim Term or Phrase identifying and removing at least some expired ones of the records from the linked list of records when the linked list is accessed identifying and removing at least some expired ones of the records from the linked list of records when the linked list is accessed identifying and removing at least some expired ones of the records from the linked list of records when the linked list is accessed a hashing means to Defendants' Proposed Construction system because of some external condition / obsolete and no longer needed or desired in the storage system because of some external condition. Both identification and removal of the automatically expired record(s) occurs during the same traversal of the linked list. While traversing the linked list, both adjusting the pointers in the linked list to bypass the previously identified expired records and deallocating the memory occupied by those records. determining whether a record is expired by comparing some portion of the contents of the record to some external condition Indefinite Bedrock's Proposed Construction therefore no longer needed or desired in the storage system / obsolete and therefore no longer needed or desired in the storage system. Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Court's Construction Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Function: The recited function is US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase provide access to records stored in a memory of the system and using an external chaining technique to store the records with same hash address, at least some of the records automatically expiring Defendants' Proposed Construction Bedrock's Proposed Construction using hashing to provide access to records stored in a memory of the system and using an external chaining technique to store the records with same hash address, at least some of the records automatically expiring. Structure: The corresponding structure is: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52-56; and (2) Executable software instructions corresponding to pseudo-code "var table: array [0 . . . table_size - 1] of list_element_pointer /* Hash table.*/" which point to records of type "list_element" in cols. 9-10 that allocates in memory an external chaining hash table, and/or as described in col. 5, lines 16-41, or the equivalents thereof. Function: The recited function is record searching utilizing a Court's Construction a record search means utilizing a Indefinite US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase search key to access a linked list of records having the same hash address Defendants' Proposed Construction Bedrock's Proposed Construction search key to access a linked list of records having the same hash address. Court's Construction the record search means including a means for identifying and removing at least some expired ones of the records from the Structure: The corresponding structure is: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52 56; and (2) Executable software instructions as illustrated in Boxes 31-36 and Boxes 39-41 of FIG. 3, or as portions of the pseudo-code of Search Table Procedure (cols. 11 and 12) or Alternate Version of Search Table Procedure (cols. 11, 12, 13, and 14), and described in col. 5, line 57-col. 6 line 4 and col. 6 lines 15-20, or the equivalents thereof. Function: identifying Function: record searching and removing at least including identifying and some [of the] expired removing at least some of the ones of the records from expired ones of the records from the linked list [of records] the linked list when the linked when the linked list is list is accessed. US2008 1634742.1 Disputed Claims Disputed Claim Term Defendants' Proposed or Phrase Construction accessed. linked list of records when the linked list is For the construction of accessed this function, see proposed constructions above, as further described in Joint Claim Construction Statement [Dkt. 251]. Bedrock's Proposed Construction Court's Construction mea[n]s, utilizing the record search means, for inserting, retrieving, and deleting records from the system and, at the same time, removing at least some expired Structure: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52-56. (2) Executable Structure: Boxes 10 and software as described in Boxes 33-42 of FIG. 3, and/or as 11 of Fig. 1, Boxes 38 pseudo-code in the Search Table and 42 of Fig. 3, Fig 4, pseudocode in the Search Procedure (cols. 11 and 12) or Alternate Version of Search Procedure (cols. 11-14) and Remove Procedure Table Procedure (cols. 11-14) starting at the line "while ... (cols. 13-14), and corresponding portions of /*HEART OF THE TECHNIQUE..." and ending at the specification. the end of each procedure, and/or as described in col. 5, line 63 col. 6, line 34, or the equivalents thereof. Function: utilizing the Function: utilizing the record record search means, search means, inserting, [accessing the linked list / retrieving,and deleting records inserting, retrieving, and from the system and, at the same deleting from the system] time, removing at least some and, at the same time, expired ones of the records in the removing at least some of accessed linked list of records. the expired ones of the US2008 1634742.1 Disputed Claims Disputed Claim Term Defendants' Proposed or Phrase Construction ones of the records in records in the linked list. the accessed linked "At the same time" list of records. means during the same traversal of the linked list as [accessing the linked list / inserting, retrieving, and deleting records from the system]. For the construction of "removing ...", see proposed construction above, as further described in Joint Claim Construction Statement [Dkt. 251]. Structure: Boxes 10 and 11 of Fig. 1; Figs. 4-7, pseudocode in the Search Procedure (cols. 11-14), Insert Procedure (cols. 9 and 10), Retrieve Procedure (cols. 9 and 10), Delete Procedure (cols. 11-12), and Remove Procedure (cols. 13-14), and corresponding portions of the specification. Bedrock's Proposed Construction Structure: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52-56. (2) Executable software which provides the insert, retrieve, or delete record capability illustrated in the flowchart of FIG. 5, FIG. 6, or FIG. 7, respectively, and/or as pseudo code of Insert Procedure (cols. 9 and 10), Retrieve Procedure (cols. 9, 10, 11, and 12), or Delete Procedure (cols. 11 and 12), respectively, and/or described in col. 7, line 65 - col. 8, line 32, col. 8, lines 33-44, or col. 8 lines 45-59, or the equivalents thereof. Court's Construction US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase Defendants' Proposed Construction Bedrock's Proposed Construction Court's Construction 6. The information storage and retrieval system according to claim 5 further including means for dynamically determining maximum number for the record search means to remove in the accessed linked list of records. Inserting, retrieving, and deleting are all required. Immediately before the dynamically linked list is traversed, determining maximum number for determining a single number that serves as an the record search upper limit on the means to remove in number of records to the accessed linked remove while the linked list of records list is traversed Indefinite means for dynamically determining maximum number for the record search means to remove when the linked list is accessed Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. 112(6). Function: The recited function is dynamically determining maximum number of records for the record search means to remove in the accessed linked list of records. Structure: The corresponding structure is: (1) Portions of the application software, user access software or operating system software, as described at col. 4, lines 30-48 and illustrated in FIG. 2, of a computer system that includes at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52-56; and (2) Executable software, as described in col. 6, US2008 1634742.1 Disputed Claims Disputed Claim Term or Phrase Defendants' Proposed Construction 7. A method for storing external chaining and retrieving information records using a hashing technique to provide [AGREED] Bedrock's Proposed Construction line 56 - col. 7, line 15, that dynamically chooses among removal strategies (e.g., chooses whether to execute Search Table Procedure [cols. 11-12] or Alternate Version of Search Table Procedure [cols. 11-14]) "at the time the record search means is invoked by the caller, thus sometimes removing all expired records, at other times removing some but not all of them, and yet at other times choosing to remove none of them. Such a dynamic decision can be based on factors such as, for example, how much memory is available in the system storage pool, general system load, time of day, the number of records currently residing in the information system, and other factors both internal and external to the information storage and retrieval system itself" (col. 7, lines 1-10), or the equivalent thereof. [AGREED] Court's Construction a technique for resolving hash collisions using a linked list(s) US2008 1634742.1 Disputed Claim Term Defendants' Proposed or Phrase Construction access to the records and Two or more records in linked list of records using an external which each record chaining technique to contains a pointer to the store the records with next record in the list or same hash address, at information indicating least some of the records that there is no next automatically expiring, record. the method comprising Becoming obsolete and automatically the steps of: no longer needed or expiring / expired desired in the storage accessing a linked list of system because of some records having same hash external condition / address, obsolete and no longer needed or desired in the identifying at least some storage system because of the automatically of some external expired ones of the condition. records, Both identification and identifying at least removal of the some of the removing at least some automatically expired automatically expired of the automatically record(s) occurs during ones of the records, expired records from the same traversal of the the linked list when the linked list. removing at least linked list is accessed, some of the and automatically expired records from the inserting, retrieving or linked list when the deleting one of the linked list is accessed. records from the system While traversing the removing at least following the step of linked list, both adjusting some of the removing. automatically expired the pointers in the linked Disputed Claims Bedrock's Proposed Construction A list in which each record contains a pointer to the next record or information indicating that there is no next record. Court's Construction After a limited period of time or after the occurrence of some event, becoming obsolete and therefore no longer needed or desired in the storage system / obsolete and therefore no longer needed or desired in the storage system. No construction necessary. No construction necessary; however, should the Court construe this term: "removing at US2008 1634742.1 Disputed Claims Disputed Claim Term Defendants' Proposed or Phrase Construction list to bypass the records from the previously identified linked list when the linked list is accessed expired records and deallocating the memory occupied by those records. identifying at least some of the automatically expired ones of the records determining whether a record is expired by comparing some portion of the contents of the record to some external condition Ordering of Method Claim Steps The elements of claim 7 must be executed in order. Moreover, "when the linked list is accessed" in the removing step refers to the accessing step, and the identifying and removing steps must occur during the same traversal of the linked Bedrock's Proposed Construction least some of the automatically expiring records from the linked list when the linked list is accessed for a purpose other than garbage collection, using the same linked list traversal performed for the purpose other than garbage collection." No construction necessary; however, should the Court construe this term: "identifying at least some of the automatically expired ones of the records when the linked list is accessed for a purpose other than garbage collection, using the same linked list traversal performed for the purpose other than garbage collection. No construction needed. If the Court is inclined to address this issue, then it should hold that the steps of claim 7 may be performed in a consecutive manner, in a repeating manner, in an overlapping manner, or a combination of the three, except that the ultimate step of claim 7 must follow or at least partially follow the Court's Construction US2008 1634742.1 Disputed Claims 8. The method according to claim 7 further including the step of dynamically determining maximum number of expired ones of the records to remove when the linked list is accessed. Disputed Claim Term or Phrase dynamically determining maximum number of expired ones of the records to remove when the linked list is accessed Defendants' Proposed Construction list of records. Immediately before the linked list is traversed, determining a single number that serves as an upper limit on the number of records to remove while the linked list is traversed Bedrock's Proposed Construction penultimate step of claim 7. Determining, during program execution, maximum number of expired ones of the records to remove when the linked list is accessed Court's Construction US2008 1634742.1

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