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

Filing 322

NOTICE by AOL Inc, Amazon.com Inc., Google Inc., Match.Com LLC, MySpace Inc., Softlayer Technologies, Inc., Yahoo! Inc. Defendants' Notice of Compliance Regarding Court's Order to Meet and Confer Regarding Claim Constructions (Attachments: #1 Exhibit Summary of Disputed Terms)(Chaikovsky, Yar)

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

Doc. 322 Att. 1

EXHIBIT A

Dockets.Justia.com

SUMMARY OF DISPUTED TERMS
Claim Disputed Claim Term Defendants' Proposed Numbers or Phrase Construction 1, 3, 5, 7 linked list to store and [AGREED] provide access to records / linked list of records 5, 7 1, 3, 5, 7 external chaining automatically expiring / expired [AGREED] Becoming obsolete and no longer needed in the storage system by comparing some portion of the contents of the record to some external condition / obsolete and no longer needed or desired in the storage system based on a comparison of some portion of the contents of the record to 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 Bedrock's Proposed Construction [AGREED] Court's Construction A list, capable of containing two or more records, in which each record contains a pointer to the next record or information indicating that there is no next record. a technique for resolving hash collisions using a linked list(s)

[AGREED] 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.

1, 3, 5, 7

1, 3, 5, 7

identifying [and] removing . . . when the linked list is accessed removing at least some of the [expired ones of the records/automatically expired records] from the linked list [of

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).

Claim Numbers 1, 3, 5, 7 5

Disputed Claim Term or Phrase records] when the linked list is accessed identifying . . . 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

Defendants' Proposed Construction records. [AGREED] Indefinite

Bedrock's Proposed Construction [AGREED] Function: The recited function is 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 5256; 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

Court's Construction

No construction necessary.

-2-

Claim Numbers

Disputed Claim Term or Phrase

Defendants' Proposed Construction

1, 5

a record search means Indefinite utilizing a search key to access the linked list

Bedrock's Proposed Construction 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 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 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.

Court's Construction

-3-

Claim Disputed Claim Term Numbers or Phrase 1, 5 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

Defendants' Proposed Construction Function: identifying and removing at least some [of the] expired ones of the records from the linked list [of records] when the linked list is accessed. For the construction of this function, see proposed constructions above, as further described in Joint Claim Construction Statement [Dkt. 251]. Structure: Boxes 10 and 11 of Fig. 1, Boxes 38 and 42 of Fig. 3, Fig 4, pseudocode in the Search Procedure (cols. 11-14) and Remove Procedure (cols. 13-14), and corresponding portions of the specification.

Bedrock's Proposed Construction Function: record searching including identifying and removing at least some of the expired ones of the records from the linked list when the linked list is accessed. 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 5256. (2) Executable software as described in Boxes 33-42 of FIG. 3, and/or as pseudo-code in the Search Table Procedure (cols. 11 and 12) or Alternate Version of Search Table Procedure (cols. 11-14) starting at the line "while ... /*HEART OF THE TECHNIQUE..." and ending at 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 search means, accessing the

Court's Construction

1, 5

means, utilizing the record search means,

Function: utilizing the record search means, [accessing the

-4-

Claim Numbers

Disputed Claim Term or Phrase for [accessing the linked list/inserting, retrieving, and deleting records from the system] and, at the same time, removing at least some of the expired ones of the records in the [accessed] linked list [of records]

Defendants' Proposed Construction linked list / inserting, retrieving, and deleting from the system] and, at the same time, removing at least some of the expired ones of the records in the linked list.

Bedrock's Proposed Construction linked list and, at the same time, removing at least some of the expired ones of the records in the linked list.

Court's Construction

Structure: (1) Portions of the application software, user access software or operating "At the same time" means during the same traversal of the system software, as described at col. 4, lines 30-48 and linked list as [accessing the linked list / inserting, retrieving, illustrated in FIG. 2, of a computer system that includes and deleting records from the at least a CPU 10 and RAM 11, system]. see FIG. 1 and col. 3 lines 5256. (2) Executable software For the construction of which provides the insert, "removing ...", see proposed retrieve, or delete record construction above, as further capability illustrated in the described in Joint Claim flowchart of FIG. 5, FIG. 6, or Construction Statement [Dkt. FIG. 7, respectively, and/or as 251]. pseudo code of Insert Procedure Structure: Boxes 10 and 11 of (cols. 9 and 10), Retrieve Fig. 1; Figs. 4-7, pseudocode in Procedure (cols. 9, 10, 11, and the Search Procedure (cols. 11- 12), or Delete Procedure (cols. 11 and 12), respectively, and/or 14), Insert Procedure (cols. 9 described in col. 7, line 65 - col. and 10), Retrieve Procedure 8, line 32, col. 8, lines 33-44, or (cols. 9 and 10), Delete col. 8 lines 45-59, or the Procedure (cols. 11-12), and equivalents thereof. Remove Procedure (cols. 1314), and corresponding portions of the specification.

-5-

Claim Numbers

Disputed Claim Term or Phrase

Defendants' Proposed Construction Inserting, retrieving, and deleting are all required. 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 OR Prior to traversing the linked list, determining a single quantity that serves as an upper limit on the number of expired records to remove, where the determination is based on factors such as how much memory is available in the system storage pool, general system load, time of day, and the number of records currently residing in the information system.

Bedrock's Proposed Construction

Court's Construction

4, 8

dynamically determining maximum number [of expired ones of the records to remove/for the record search means to remove] when the linked list is accessed

Determining, during program execution, maximum number of expired ones of the records to remove when the linked list is accessed Or In response to Defendants' proposed construction of "Prior . . . information system", after post-Markman discussions with the Defendants the following: For claim 4, "the step of method claim 4 is performed before the removing step of claim 3, that is the object of determination." For Claim 8, "the step of method claim 8 is performed before the removing step of claim 7, that is the object of determination." Function: The recited function is dynamically determining maximum number of records

2, 6

means for dynamically determining

Indefinite

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Claim Numbers

Disputed Claim Term or Phrase maximum number for the record search means to remove when the linked list is accessed

Defendants' Proposed Construction

Bedrock's Proposed Construction 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 5256; 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

Court's Construction

-7-

Claim Numbers

Disputed Claim Term or Phrase

Defendants' Proposed Construction

3

Ordering of Method Claims

The elements of claim 3 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 list of records. 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

Bedrock's Proposed Construction 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. No construction needed. If the Court is inclined to address this issue, then it should hold that the steps of claim 3 may be performed in a consecutive manner, in a repeating manner, in an overlapping manner, or a combination of the three. 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

Court's Construction

7

Ordering of Method Claim

-8-

Claim Numbers

Disputed Claim Term or Phrase

Defendants' Proposed Construction occur during the same traversal of the linked list of records.

Bedrock's Proposed Construction overlapping manner, or a combination of the three, except that the ultimate step of claim 7 must follow or at least partially follow the penultimate step of claim 7.

Court's Construction

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UPDATED CLAIM CONSTRUCTION CHART
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, Disputed Claim Defendants' Proposed Term or Phrase Construction linked list to store [AGREED] and provide access to records Bedrock's Proposed Construction [AGREED] Court's Construction A list, capable of containing two or more records, in which each record contains a pointer to the next record or information indicating that there is no next record.

automatically expiring / expired

identifying and removing at least some of the expired ones of the records from the linked list

Becoming obsolete and no longer needed in the storage system by comparing some portion of the contents of the record to some external condition / obsolete and no longer needed or desired in the storage system based on a comparison of some portion of the contents of the record to some external condition. Both identification and removal of the automatically expired record(s) occurs during the same traversal of the - 10 -

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).

Disputed Claim Term or Phrase for accessing the linked when the linked list list and, at the same is accessed time, removing at least identifying and some of the expired removing at least ones of the records in some of the expired the linked list. ones of the records from the linked list when the linked list is accessed identifying and removing at least some of the expired ones of the records from the linked list when the linked list is accessed a record search means utilizing a search key to access the linked list

Disputed Claims

Defendants' Proposed Construction 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. [AGREED]

Bedrock's Proposed Construction Bedrock believes that this term language is properly construed pursuant to 35 U.S.C. § 112(6).

Court's Construction

[AGREED]

No construction necessary.

Indefinite

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

- 11 -

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 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 and Function: record searching removing at least some including identifying and [of the] expired ones of removing at least some of the the records from the expired ones of the records linked list [of records] from the linked list when the when the linked list is linked list is accessed. accessed. Structure: (1) Portions of the For the construction of application software, user this function, see access software or operating proposed constructions system software, as described at above, as further col. 4, lines 30-48 and described in Joint Claim illustrated in FIG. 2, of a Construction Statement computer system that includes [Dkt. 251]. at least a CPU 10 and RAM 11, see FIG. 1 and col. 3 lines 52Structure: Boxes 10 and 56. (2) Executable software as

Defendants' Proposed Construction

Court's Construction

- 12 -

Disputed Claims

Bedrock's Proposed Construction described in Boxes 33-42 of FIG. 3, and/or as pseudo-code in the Search Table Procedure (cols. 11 and 12) or Alternate Version of Search Table Procedure (cols. 11-14) starting at the line "while ... /*HEART OF THE TECHNIQUE..." and ending at 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 means, utilizing the search means, accessing the record search means, record search means, [accessing the linked list / linked list and, at the same for accessing the time, removing at least some of linked list and, at the inserting, retrieving, and same time, removing deleting from the system] the expired ones of the records in the linked list. and, at the same time, at least some of the removing at least some of expired ones of the Structure: (1) Portions of the records in the linked the expired ones of the records in the linked list. application software, user list access software or operating "At the same time" means system software, as described at during the same traversal col. 4, lines 30-48 and illustrated in FIG. 2, of a of the linked list as [accessing the linked list / computer system that includes inserting, retrieving, and at least a CPU 10 and RAM 11, deleting records from the see FIG. 1 and col. 3 lines 52system]. 56. (2) Executable software which provides the insert, retrieve, or delete record For the construction of

Disputed Claim Term or Phrase

Defendants' Proposed Construction 11 of Fig. 1, Boxes 38 and 42 of Fig. 3, Fig 4, pseudocode in the Search Procedure (cols. 11-14) and Remove Procedure (cols. 13-14), and corresponding portions of the specification.

Court's Construction

- 13 -

Disputed Claims

Disputed Claim Term or Phrase

Defendants' Proposed Construction "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 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

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

dynamically determining maximum number for the record search means to remove when the linked list is accessed

Inserting, retrieving, and deleting are all required. Immediately before the Bedrock believes that this term linked list is traversed, language is properly construed determining a single pursuant to 35 U.S.C. § 112(6). number that serves as an upper limit on the number of records to remove while the linked list is traversed

- 14 -

Disputed Claims remove in the accessed linked list of records.

Disputed Claim Term or Phrase

Defendants' Proposed Construction OR

Bedrock's Proposed Construction

Court's Construction

means for dynamically determining maximum number for the record search means to remove when the linked list is accessed

Prior to traversing the linked list, determining a single quantity that serves as an upper limit on the number of expired records to remove, where the determination is based on factors such as how much memory is available in the system storage pool, general system load, time of day, and the number of records currently residing in the information system. Indefinite 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

- 15 -

Disputed Claims

Disputed Claim Term or Phrase

Defendants' Proposed Construction

Bedrock's Proposed Construction 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 5256; 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 information system, and other factors both internal and

Court's Construction

- 16 -

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 [AGREED] and provide access to the records

automatically expiring / expired

identifying at least some of the automatically

Becoming obsolete and no longer needed in the storage system by comparing some portion of the contents of the record to some external condition / obsolete and no longer needed or desired in the storage system based on a comparison of some portion of the contents of the record to some external condition. Both identification and removal of the automatically expired

Bedrock's Proposed Court's Construction Construction external to the information storage and retrieval system itself" (col. 7, lines 1-10), or the equivalent thereof. A list, capable of [AGREED] containing two or more records, 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 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.

- 17 -

Disputed Claims

Disputed Claim Term or Phrase 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. removing at least some of the automatically expired records from the linked list when the linked list is accessed

Defendants' Proposed Construction record(s) occurs during the same traversal of the linked list.

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.

identifying at least some of the automatically expired ones of the records Ordering of Method Claim Steps

[AGREED]

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." [AGREED]

No construction necessary.

The elements of claim 3 must be executed in order.

No construction needed. If the Court is inclined to address this issue, then it

- 18 -

Defendants' Proposed Construction 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 list of records. 4. The method according dynamically Immediately before the to claim 3 further linked list is traversed, determining including the step of maximum number of determining a single number that serves as an dynamically expired ones of the upper limit on the number determining maximum records to remove of records to remove number of expired when the linked list while the linked list is ones of the records to is accessed traversed remove when the linked list is accessed. OR Prior to traversing the linked list, determining a single quantity that serves as an upper limit on the number of expired records to remove, where the determination is based on factors such as how much memory is available in the system storage pool, general

Disputed Claims

Disputed Claim Term or Phrase

Bedrock's Proposed Construction should hold that the steps of claim 3 may be 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

OR In response to Defendants' proposed construction of "Prior . . . information system", after post-Markman discussions with the Defendants the following: For claim 4, "the step of method claim 4 is performed before the removing step of claim 3, that is the object of determination."

- 19 -

Disputed Claims

Disputed Claim Term or Phrase

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, 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

external chaining

Defendants' Proposed Construction system load, time of day, and the number of records currently residing in the information system. [AGREED]

Bedrock's Proposed Construction

Court's Construction

[AGREED]

linked list of records

[AGREED]

[AGREED]

a technique for resolving hash collisions using a linked list(s) A list, capable of containing two or more records, in which each record contains a pointer to the next record or information indicating that there is no next record.

automatically expiring / expired

Becoming obsolete and no longer needed in the storage system by comparing some portion of the contents of the record to some external condition / obsolete and no longer needed or desired in the storage system based on a comparison of some portion of the contents of

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.

- 20 -

Disputed Claims 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 provide access to records stored in a memory of the system and using an external chaining

Defendants' Proposed Construction the record to 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. [AGREED]

Bedrock's Proposed Construction 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).

[AGREED]

No construction necessary.

Indefinite

Function: The recited function is using hashing to provide access to records stored in a memory of the system and using an external chaining technique to store the records

- 21 -

Disputed Claims

Disputed Claim Term or Phrase technique to store the records with same hash address, at least some of the records automatically expiring

Defendants' Proposed Construction

Bedrock's Proposed Construction 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 5256; 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 search key to access a linked list of records having the same hash address.

Court's Construction

a record search means utilizing a search key to access a linked list of records having the

Indefinite

- 22 -

Disputed Claims

Disputed Claim Term or Phrase same hash address

Defendants' Proposed Construction

Bedrock's Proposed Construction

Court's Construction

the record search means including a means for identifying and removing at least some expired ones of the records from the 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 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 and Function: record searching removing at least some including identifying and [of the] expired ones of removing at least some of the the records from the expired ones of the records linked list [of records] from the linked list when the when the linked list is linked list is accessed. accessed. Structure: (1) Portions of the

- 23 -

Disputed Claims

Disputed Claim Term or Phrase when the linked list is accessed

Bedrock's Proposed Construction 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 52Structure: Boxes 10 and 56. (2) Executable software as 11 of Fig. 1, Boxes 38 described in Boxes 33-42 of and 42 of Fig. 3, Fig 4, FIG. 3, and/or as pseudo-code pseudocode in the Search in the Search Table Procedure Procedure (cols. 11-14) (cols. 11 and 12) or Alternate and Remove Procedure Version of Search Table (cols. 13-14), and Procedure (cols. 11-14) starting corresponding portions of at the line "while ... /*HEART the specification. OF THE TECHNIQUE..." and ending at 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 mea[n]s, utilizing the Function: utilizing the search means, inserting, record search means, record search means, [accessing the linked list / retrieving, and deleting records for inserting, inserting, retrieving, and from the system and, at the retrieving, and deleting from the system] same time, removing at least deleting records some expired ones of the from the system and, and, at the same time, removing at least some of records in the accessed linked at the same time, the expired ones of the list of records. removing at least some expired ones of records in the linked list. Structure: (1) Portions of the the records in the

Defendants' Proposed Construction For the construction of this function, see proposed constructions above, as further described in Joint Claim Construction Statement [Dkt. 251].

Court's Construction

- 24 -

Disputed Claims

Disputed Claim Term or Phrase accessed linked list of records.

Defendants' Proposed Construction "At the same time" 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. Inserting, retrieving, and

Bedrock's Proposed Construction 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 5256. (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

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Disputed Claims 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.

Disputed Claim Term or Phrase dynamically determining maximum number for the record search means to remove in the accessed linked list of records

Defendants' Proposed Bedrock's Proposed Construction Construction deleting are all required. Bedrock believes that this term Immediately before the language is properly construed linked list is traversed, pursuant to 35 U.S.C. § 112(6). determining a single number that serves as an upper limit on the number of records to remove while the linked list is traversed OR Prior to traversing the linked list, determining a single quantity that serves as an upper limit on the number of expired records to remove, where the determination is based on factors such as how much memory is available in the system storage pool, general system load, time of day, and the number of records currently residing in the information system. Indefinite Function: The recited function is dynamically determining maximum number of records

Court's Construction

means for dynamically determining

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Disputed Claims

Disputed Claim Term or Phrase maximum number for the record search means to remove when the linked list is accessed

Defendants' Proposed Construction

Bedrock's Proposed Construction 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 5256; 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

Court's Construction

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Disputed Claims

Disputed Claim Term or Phrase

Defendants' Proposed Construction

7. A method for storing and retrieving information records using a hashing technique to provide access to the records and using an external chaining technique to store the records with same hash address, at least some of the records automatically expiring, the method comprising the steps of:

external chaining

[AGREED]

linked list of records

[AGREED]

automatically accessing a linked list of expiring / expired records having same hash address,

Becoming obsolete and no longer needed in the storage system by comparing some portion

Bedrock's Proposed Court's Construction Construction 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] a technique for resolving hash collisions using a linked list(s) A list, capable of [AGREED] containing two or more records, 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 therefore no longer needed or

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Disputed Claims identifying at least some of the automatically expired ones of the records, removing at least some of the automatically expired records from the linked list when the linked list is accessed, and inserting, retrieving or deleting one of the records from the system following the step of removing.

Disputed Claim Term or Phrase

identifying at least some of the automatically expired ones of the records, removing at least some of the 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 of the contents of the record to some external condition / obsolete and no longer needed or desired in the storage system based on a comparison of some portion of the contents of the record to some external condition. Both identification and removal of the automatically expired record(s) occurs during the same traversal of the linked list.

Bedrock's Proposed Construction desired in the storage system / obsolete and therefore no longer needed or desired in the storage system.

Court's Construction

No construction necessary.

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

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

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Disputed Claims

Disputed Claim Term or Phrase

Defendants' Proposed Construction records.

identifying at least some of the automatically expired ones of the records Ordering of Method Claim Steps

[AGREED]

Bedrock's Proposed Construction collection, using the same linked list traversal performed for the purpose other than garbage collection." [AGREED]

Court's Construction

No construction necessary.

If the Court is inclined to address this issue, then it Moreover, "when the should hold that the steps of linked list is accessed" in claim 7 may be performed in a the removing step refers consecutive manner, in a to the accessing step, and repeating manner, in an the identifying and overlapping manner, or a removing steps must combination of the occur during the same three, except that the ultimate traversal of the linked step of claim 7 must follow or list of records. at least partially follow the penultimate step of claim 7. 8. The method according dynamically Immediately before the Determining, during program to claim 7 further linked list is traversed, execution, maximum number of determining including the step of expired ones of the records to maximum number of determining a single number that serves as an remove when the linked list is dynamically expired ones of the upper limit on the number accessed determining maximum records to remove of records to remove number of expired when the linked list while the linked list is ones of the records to is accessed traversed remove when the

The elements of claim 7 must be executed in order.

No construction needed.

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Disputed Claims linked list is accessed.

Disputed Claim Term or Phrase

Defendants' Proposed Construction OR Prior to traversing the linked list, determining a single quantity that serves as an upper limit on the number of expired records to remove, where the determination is based on factors such as how much memory is available in the system storage pool, general system load, time of day, and the number of records currently residing in the information system. OR

Bedrock's Proposed Construction

Court's Construction

In response to Defendants' proposed construction of "Prior . . . information system", after post-Markman discussions with the Defendants the following: For Claim 8, "the step of method claim 8 is performed before the removing step of claim 7, that is the object of determination."

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