Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 367

Opposed MOTION Adobe Systems Incorporated's Opposed Motion Requesting Case Management Conference To Address Plaintiff Eolas's Infringement Contentions Or, In The Alternative, To Strike Those Contentions and Motion For Expedited Consideration by Adobe Systems Incorporated. (Attachments: # 1 Exhibit 1 ISO Adobe Opposed Mot for CMC-to Address Infringement Contentions and Expedited Consideration, # 2 Exhibit 2 ISO of Adobe Opposed Mot for CMC-to Address Infringement Contentions and Expedited Consideration, # 3 Exhibit 3 ISO Adobe Opposed Mot for CMC-to Address Infringement Contentions and Expedited Consideration, # 4 Text of Proposed Order Adobe Prop Order Granting Its Opposed Mot for Expedited Briefing., # 5 Text of Proposed Order Adobe Prop Order Striking Eolas Infringement Contentions)(Healey, David)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 367 Att. 2

Dockets.Justia.com

Claim Chart For Adobe Showing Indirect Infringement Of The '906 Patent Through Flash Authoring Tools and Direct and Indirect Infringement Via Players
Claim 1pre Claim Language A method for an computer running in a Evidence In addition to the direct infringement of this claim shown in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) - Adobe also indirectly, by induced and/or contributory infringement, infringes all elements of this claim through its Flash authoring tools, including but not limited to: · · · · · · · · Flash Professional Flash Platform (which includes Flash Professional, see Application Programming, Web App Adobe Flash Platform, http://www.adobe.com/flashplatform/) Creative Suite 4 Production Premium (which includes Flash Professional, see Creative Suite 4: Compare Editions, http://www.adobe.com/products/creativesuite/compare/) Creative Suite 4 Design Premium (which includes Dreamweaver and Flash Professional, see Creative Suite 4: Compare Editions, http://www.adobe.com/products/creativesuite/compare/) Creative Suite 4 Web Premium (which includes Dreamweaver and Flash Professional, see Creative Suite 4: Compare Editions, http://www.adobe.com/products/creativesuite/compare/) Creative Suite 4 Web Standard (which includes Dreamweaver and Flash Professional, see Creative Suite 4: Compare Editions, http://www.adobe.com/products/creativesuite/compare/) Creative Suite 4 Master Collection (which includes Dreamweaver and Flash Professional, see Creative Suite 4: Compare Editions, http://www.adobe.com/products/creativesuite/compare/) Flex (Flex is a web authoring tool for creating web applications. Flex offers an alternative to the Flash platform for creating such content. Flex is capable of providing substantially the same flash-authoring functionality as Flash Professional because flash elements can be embedded in

application program network environment, comprising:

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Claim

Claim Language content.) o

Evidence Flex applications. Adobe suggests that Flash Professional and Flex be used together to create See Flex 3: FAQ, http://www.adobe.com/products/flex/faq/. "How is Flex different from Flash? Both Flash and Flex applications are rendered in the browser using Flash Player and on the desktop using the Adobe AIR runtime. Flash is the leading authoring tool for web developers, multimedia professionals, animators, and videographers who want to create interactive content. Developers may find it difficult to use the Flash tool to create applications. Flex provides developers who know traditional programming technologies like Java, PHP, Ajax, and .NET with an easy-to-learn application framework to create RIAs. In addition, developers can embed flash elements inside a Flex application. Using the Flex Component Kit for Flash, Flash developers can create customer Flex components." o See Flex 3: FAQ, http://www.adobe.com/products/flex/faq/. "Can I create content in Flash and use it in Flex? Yes, developers using Flex Builder 3 can easily import custom Flex components developed using the Flex Component Kit for Flash with Flash CS3 Professional." o See Creating a video sharing web application using Flex, Flash Media Server, and Flash Media Encoding Server, http://www.adobe.com/devnet/flashmediaserver/articles/video_sharing_web_app.html (demonstrating how to create your own social media application using Flash or Flex, with the author adding "Note: I chose to build the front end using Flex Builder, but it is also possible to build this in Adobe Flash."). o See Using Adobe Flex Builder 3, p. 93, available at http://livedocs.adobe.com/flex/3/using_fb_flex3.pdf. "You use Adobe® Flex® BuilderTM
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Claim

Claim Language

Evidence to create applications that change their appearance depending on tasks performed by the user. For example, the base state of the application could be the home page and include a logo, sidebar, and welcome content. When the user clicks a button in the sidebar, the application dynamically changes its appearance (its state), replacing the main content area with a purchase order form but leaving the logo and sidebar in place." o See Using Adobe Flex Builder 3, p. 99, available at http://livedocs.adobe.com/flex/3/using_fb_flex3.pdf. "You use Adobe Flex Builder to create behaviors that add animation and motion to a component in response to user or programmatic action. For example, you can create a behavior for a TextInput component that causes it to bounce slightly when the user tabs to it, or you can create a behavior for a Label component that causes it to fade out when the user passes the mouse over it." · Director (Director is a software authoring tool. Director is capable of providing substantially the same flash-authoring functionality as Flash Professional because Director supports Flash software and video created with Flash technology. Furthermore, Adobe suggests that Flash Professional and Director be used together to create content.) o See Getting Started with Adobe Director, (video Adobe Director, https://admin.adobe.acrobat.com/_a295153/gettingstartedwithdirector explaining the types of files that can be created with Director). o See Game Development Software, Multimedia Authoring Tool http://www.adobe.com/products/director/. "Top Features in Director 11.5 [include] . . . [s]upport for Adobe Flash® 9 software and video created with Flash technology." o See Game Development Software, Multimedia Authoring Tool Adobe and Director, Adobe http://www.adobe.com/products/director/. "Adobe® Director® 11.5

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Claim

Claim Language

Evidence Shockwave® Player software help you create and publish compelling interactive games, demos, prototypes, simulations, and eLearning courses for the web, Mac and Windows® desktops, DVDs, and CDs. Integrate virtually any major file format, including FLV and native 3D content, for the greatest return on your creativity." o See Game Development Software, Multimedia Authoring Tool Adobe Director 11.5: Features, http://www.adobe.com/products/director/features/. "Expand your creative options by seamlessly importing content created with Adobe® Flash® 9 software into your applications. Launch Flash (version 8 or earlier) from within Adobe Director® software and have your changes saved automatically." o See Game Development Software, Multimedia Authoring Tool Adobe Director 11.5: Features, available at http://www.adobe.com/products/director/features/all_features/ (click on "3D and 2D interactivity"). "Create sophisticated 3D and 2D interactivity more efficiently two." o See Using Adobe Director 11.5, p. 193, available at "To http://help.adobe.com/en_US/Director/11.5/UsingDirector/director_11.5_help.pdf. with the Flash Asset Xtra, which enables easy interaction between ActionScript® objects and JavaScript syntax or Lingo scripting -- or a combination of the

add complex media and new capabilities to your Adobe® Director® movie, you can use Flash® content, Flash components, other Director movies, and ActiveX controls. Each of these multimedia formats has interactive capabilities that are preserved by Director. . . . Director provides you with a set of Flash built-in components, which are movie clips with defined parameters. Use these components to add user interface elements, such as buttons and check boxes to your movies. You can use these components and set properties and events without having Flash installed."
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Claim

Claim Language o See Using Adobe

Evidence Director 11.5, p. 204, available at http://help.adobe.com/en_US/Director/11.5/UsingDirector/director_11.5_help.pdf. "With Director, you can create Flash ActionScript objects and access all of their properties and methods. You can create a wide variety of Flash objects, including arrays, dates, Booleans, XML objects, and net connection objects for use with Flash Media Server. If you have authored Flash content that contains ActionScript classes that generate custom objects, you can access those objects in script as well. You can also create references to existing ActionScript objects with the getVariable() method." o See Using Adobe Director 11.5, p. 194, available at "All http://help.adobe.com/en_US/Director/11.5/UsingDirector/director_11.5_help.pdf. later and saved in the Flash format (SWF). Use the following procedure to create a Flash cast member and set properties for it at the same time. You can also import a cast member by using the Import command or by dragging and dropping an SWF file to the Director Cast window." · Dreamweaver (Dreamweaver is a web authoring tool for building websites and applications. Dreamweaver is capable of providing substantially the same flash-authoring functionality as Flash Professional because Dreamweaver offers incorporated support for Flash, allowing embedding of files created in Flash Professional. Furthermore, Adobe suggests that Flash Professional and Dreamweaver be used together to create content.) o See Adobe Dreamweaver CS4: FAQ, http://www.adobe.com/products/dreamweaver/faq/ (click "Product Information"). Dreamweaver "What CS4 has other technologies are integrated for the with Dreamweaver? incorporated support following

Flash cast members added to a Director movie must have been created with Flash 2.0 or

technologies: . . . Flash -- Enjoy enhanced embedding of SWF and FLV files with
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Claim

Claim Language Dreamweaver CS4." o See also

Evidence Inserting Flash Content, available "You can at use

http://livedocs.adobe.com/dreamweaver/8/using/18_med15.htm.
[Steps to insert flash content are presented]." o See also Editing Flash Content in

Dreamweaver to insert Flash content in your pages. To insert a SWF file (Flash content): Dreamweaver, (providing available at

http://livedocs.adobe.com/dreamweaver/8/using/17_oth16.htm
o See also Downloading and installing Flash

step-by-step

instructions on how to open and edit Flash content inserted from Dreamweaver). elements, available at

http://livedocs.adobe.com/dreamweaver/8/using/18_med16.htm. "To use Flash elements in
your web pages, you must first add the elements to Dreamweaver using the Extension Manager." · Indesign CS4 (Indesign is a design and publishing tool. Indesign is capable of providing substantially the same flash-authoring functionality as Flash Professional because Indesign offers the ability to create content for playback in Flash Player. Furthermore, Adobe suggests that Flash Professional and Indesign be used together to create content. o See Adobe Indesign CS4, http://www.adobe.com/products/indesign/ ("Deliver an engaging SWF-based magazine complete with animation, interactivity, video, and sound using InDesign CS4 and Flash CS4 Professional."). and any other tools used to create flash or similar content. For example, users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) run an application program in a computer network environment. In addition, Adobe provides the infrastructure (e.g. the authoring
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Claim

Claim Language

Evidence tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

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Claim

Claim Language

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language

Evidence http://www.adobe.com/products/flashplayer/action/. Citation 1pre(2): Adobe Extends Flash Platform to Digital Home, p. 3, available at

http://www.adobe.com/aboutadobe/pressroom/pressreleases/pdfs/200904/042009FlashDigitalHome.p df. "The Adobe Flash Platform is a complete system of integrated tools, frameworks, clients and servers for the development of Web applications, content and video that runs consistently across operating systems and devices. Adobe Flash Player content reaches over 98 percent of Internetenabled desktops, and Adobe Flash technology is the No. 1 platform for video on the Web." Citation 1pre(3): Adobe Flash CS3 Professional User Guide, p. 148, available at

http://livedocs.adobe.com/flash/9.0/UsingFlash/flash_cs3_help.pdf (hereinafter "Flash User's Guide"). "You can use Adobe® Photoshop® and Adobe® Flash® together to create visually compelling webbased applications, animations, or interactive messaging elements. Photoshop lets you create still images and artwork, providing a high degree of creative control. Flash lets you bring those still images together and incorporate them into interactive Internet content." Citation 1pre(4): Introducing the Adobe Flash Platform,

http://www.adobe.com/devnet/flashplatform/articles/flashplatform_overview.html. "The Adobe Flash Platform is an integrated set of technologies, including client runtimes, tools, frameworks, services, and servers that together provide everything you need to create and deliver compelling applications, rich media content, and video to the widest possible audience. This combination of powerful development tools, a near universal client runtime, and an open-source, yet supported framework make it the ideal choice for rich Internet application solutions for any size project and business."

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Claim

Claim Language Citation 1pre(5): Creating a Simple

Evidence Document in Flash CS4 Professional, available at http://www.adobe.com/devnet/flash/articles/flash_cs4_createfla.html. "Adobe Flash CS4 Professional is an authoring tool that designers and developers use to create presentations, applications, and other content that enables user interaction. . . . The SWF format is extremely well suited for delivery over the Internet because its files are very small." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, the players identified below, either alone and/or in combination with Adobe Flash authoring tools, also infringe all elements of this claim directly and indirectly (through contributory and/or induced infringement): · Flash Player o See http://www.adobe.com/products/flashplayer/ users."). · Flash Player 10.1 o See http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1.html "Adobe Flash Player 10.1 public prerelease is the first runtime release of the Open Screen Project that enables uncompromised web browsing of expressive applications, content, and video across devices. With support for a broad range of mobile devices, including smartphones, netbooks, and other Internet-connected devices, Flash Player 10.1 beta allows your content to reach your customers wherever they are. "). o See http://www.adobe.com/devnet/logged_in/jchurch_flashplayer10.1.html ("With this
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("Flash Player is a cross-platform

browser plug-in that delivers breakthrough Web experiences to over 99% of Internet

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Claim

Claim Language

Evidence first realization of the Open Screen Project, we have been working internally and with our partners to produce Flash Player 10.1 for Palm webOS, Google Android, Nokia Symbian, and Microsoft Windows Mobile operating systems. On these devices, you will be able to install and update Flash Player and view SWF content in the browser, just as you would on the desktop."). o See http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1.html (For example, in the video for the Palm Pre, the narrator notes that the content "immediately started up playing" and did so "in" the browser window, to allow you to "interact" with the content.). · Flash Player for Pocket PC o See http://www.adobe.com/products/flashplayer_pocketpc/ ("Pocket PC is a popular platform for mobile devices that supports a wide range of multimedia features. Flash Player 7 for Pocket PC enables developers and publishers to quickly and easily deploy rich interactive Flash content and applications for Windows Mobile 5 and Pocket PC 2003 devices. Developers can view Flash content within Pocket IE or full-screen using thirdparty software, or deploy stand-alone Flash applications, which requires the Distribution Kit."). o See http://www.adobe.com/devnet/mobile/articles/flash_chat.html ("This tutorial demonstrates how to create an interactive chat room using Macromedia Flash on Pocket PC devices."). · Flash Lite o See http://www.adobe.com/products/flashlite/ ("Based on the Adobe® Flash® Platform, Adobe Flash Lite® 3 is a highly optimized implementation of the Flash runtime for mobile phones, consumer electronic devices, and Internet-connected digital home
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Claim

Claim Language devices."). · Shockwave o

Evidence

See http://www.adobe.com/products/shockwaveplayer/ ("Over 450 million Internetenabled desktops have installed Adobe Shockwave Player. These people now have access to some of the best the Web has to offer - including dazzling 3D games and entertainment, interactive product demonstrations, and online learning applications. Shockwave Player displays Web content that has been created by Adobe Director.").

1a

providing one

at

least client and said

Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) operate in a network environment that provides at least one client workstation and one network server coupled to said network environment, wherein said network environment is a distributed hypermedia environment. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

workstation coupled network environment, wherein network environment distributed hypermedia environment; to

one network server

said is a

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Claim

Claim Language

Evidence

Source: Creating a video sharing web application using Flex, Flash Media Server, and Flash Media Encoding http://www.adobe.com/devnet/flashmediaserver/articles/video_sharing_web_app.html. Server,

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Claim

Claim Language

Evidence

Source:

Policy

file

changes

in

Flash

Player

9

and

Flash

Player

10,

http://www.adobe.com/devnet/flashplayer/articles/fplayer9_security_03.html.

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Claim

Claim Language

Evidence

Source:

Web

video

template:

Dynamic

video

playlist,

http://www.adobe.com/devnet/flash/articles/video_playlist_print.html.

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Claim

Claim Language

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language

Evidence http://www.adobe.com/products/flashplayer/action/.

Source: Visualware's Visual IP Trace 2009, http://www.visualiptrace.com/index.html. Citation 1a(6): Adobe Flash Platform Speeds Web Innovation Across Desktops and Devices, p. 3, available at http://www.adobe.com/aboutadobe/pressroom/pressreleases/pdfs/200910/100509FlashPlatformUmbr
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Claim

Claim Language

Evidence ella.pdf. "The Adobe Flash Platform is the leading Web design and development platform for creating expressive applications, content, and video that run consistently across operating systems and devices and reach over 98 percent of Internet-enabled desktops. Flash Player 10 was installed on more than 93 percent of computers in just the first ten months since its release. According to comScore Media Metrix, approximately 75 percent of online videos viewed worldwide are delivered using Adobe Flash technology, making it the No. 1 format for video on the Web. Major broadcasters and media companies including Disney.com, MLB.com and DIRECTV rely on the Adobe Flash Platform for delivering video on the Web and the platform powers social network sites such as YouTube and MySpace." Citation 1a(7): Developer Connection: Flex and Facebook, http://www.adobe.com/devnet/facebook/. "The Adobe Flash Platform and Facebook Platform provide the ideal solution for building rich, social experiences on the web. Flash is available on more than 98% of Internet-connected PCs, so people can immediately access the applications, content, and video that enable social interactions." Citation 1a(8): Adobe Extends Flash Platform to Digital Home, p. 1, available at

http://www.adobe.com/aboutadobe/pressroom/pressreleases/pdfs/200904/042009FlashDigitalHome.p df. "Adobe Systems Incorporated (Nasdaq:ADBE) today announced the extension of the Adobe® Flash® Platform to connected digital home devices with an optimized implementation of Flash technology that delivers high definition (HD) video and rich applications to Internet-connected televisions, set-top boxes, Blu-ray players and other devices in the digital living room." Citation 1a(9): Choosing Between XML, Web Services, and Remoting for Rich Internet Applications, http://www.adobe.com/devnet/flash/articles/ria_dataservices.html. "Macromedia Flash has evolved rapidly in the last few releases from a tool for animators to a tool capable of providing a rich-client
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Claim

Claim Language interface for Internet applications.

Evidence In earlier versions of Flash, integrating a dynamic Flash interface with server-side technology required ingenious solutions comparable to the use of CGI scripting in the early days of web applications. Using the LoadVars() method call allowed the posting of HTTP form data from client to server, and capturing of an HTTP response. Flash 5 improved upon this simple integration by providing client-side support for XML, along with a lightweight programming interface for creating and parsing XML documents." Citation 1a(10): Choosing Between XML, Web Services, and Remoting for Rich Internet Applications, http://www.adobe.com/devnet/flash/articles/ria_dataservices.html. "Macromedia Flash MX Professional 2004 empowers a new breed of applications that fuses the rich-client capabilities of Macromedia Flash with server-side technologies--including, but not limited, to J2EE, .NET, and ColdFusion. These Rich Internet Applications allow you to deploy intuitive and interactive user interfaces either upon an existing server-side infrastructure or upon middleware solutions designed expressly for Rich Internet Applications. In this article I consider some possible solutions for integrating client-side with server-side code." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement).

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Claim 1b

Claim Language executing, at said client a application, parses distributed hypermedia document identify said to text distributed a workstation, browser that first

Evidence Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) execute, at said client workstation, a browser application that parses a first distributed hypermedia document to identify text formats included in said distributed hypermedia document and for responding to predetermined text formats to initiate processing specified by said text formats. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

formats included in hypermedia document and for responding to predetermined text formats to initiate processing specified by said text formats;

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Claim

Claim Language

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language

Evidence http://www.adobe.com/products/flashplayer/action/. See also the source for this page, which includes text formats as shown below, in addition to other text formats which appear in the source: <html <head> <meta http-equiv="Content-Type" content="text/html; charset=UTF-8" /> <meta http-equiv="Content-Language" content="en-us" /> ... </head> <body> <!--googleoff: all--><a href="/help/accessibility.html" id="accesslink">Accessibility</a><!--googleon: all--> ... </body> <!-- InstanceEnd --></html> Citation 1b(2): Macromedia Flash OBJECT and EMBED Tag Syntax, tabindex="1" xmlns="http://www.w3.org/1999/xhtml" lang="en" xml:lang="EN" ><!-InstanceBegin

template="/Templates/pocket.dwt" codeOutsideHTMLIsLocked="true" -->

http://kb2.adobe.com/cps/415/tn_4150.html. "An HTML page is required to correctly display a Macromedia Flash movie in a browser. This HTML page must contain tags that reference the actual Macromedia Flash movie file to be opened and played. These tags are the OBJECT and EMBED tags. The OBJECT tag is used by Internet Explorer on Windows and the EMBED is used by Netscape Navigator (Macintosh and Windows) and Internet Explorer (Macintosh) to direct the browser to load the Macromedia Flash Player. Internet Explorer on Windows uses an ActiveX control to play Macromedia Flash content while all other browser and platform combinations use the Netscape plugin
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Claim

Claim Language

Evidence technology to play Macromedia Flash content. This explains the need for two tags. Note: Hand coding HTML pages with OBJECT and EMBED tags is not necessary when using Macromedia Flash 4 or later. The Publish feature present in those versions of Macromedia Flash will automatically create an HTML document that contains the required HTML tags for browsers to access a Flash movie on the web. There are also several different HTML publishing templates to choose from. To use the Publish feature choose File > Publish Settings. For more information on using the feature see the Using Flash manual or online help." Citation 1b(3): Flash User's Guide, p. 426. "Select the Detect Flash Version check box. Your SWF file is embedded in a web page that includes Flash Player detection code. If the detection code finds an acceptable version of FlashPlayer installed on the end user's computer, the SWF file plays as designed." Citation 1b(4): Flash User's Guide, p. 423. "Playing Flash content in a web browser requires an HTML document that activates the SWF file and specifies browser settings. The Publish command automatically generates this document, from HTML parameters in a template document. The template document can be any text file that contains the appropriate template variables--including a plain HTML file, a file that includes code for special interpreters such as ColdFusion or Active Server Pages (ASP), or a template included with Flash." Citation 1b(5): Creating a Simple Document in Flash CS4 Professional,

http://www.adobe.com/devnet/flash/articles/flash_cs4_createfla_04.html. "When you finish your FLA file, you are ready to publish it so it can be viewed in a browser. When you publish the file, Flash Professional compresses it into the SWF file format. This is the format that you place in a web page.
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Claim

Claim Language

Evidence The Publish command can automatically generate an HTML file with the correct tags in it for you." Citation 1b(6): Choosing Between XML, Web Services, and Remoting for Rich Internet Applications, http://www.adobe.com/devnet/flash/articles/ria_dataservices.html. "Macromedia Flash has evolved rapidly in the last few releases from a tool for animators to a tool capable of providing a rich-client interface for Internet applications. In earlier versions of Flash, integrating a dynamic Flash interface with server-side technology required ingenious solutions comparable to the use of CGI scripting in the early days of web applications. Using the LoadVars() method call allowed the posting of HTTP form data from client to server, and capturing of an HTTP response. Flash 5 improved upon this simple integration by providing client-side support for XML, along with a lightweight programming interface for creating and parsing XML documents." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement).

1c

utilizing on said

said client at

Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) utilize said browser to display, on said client workstation, at least a portion of a first hypermedia document. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.
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browser to display, workstation,

least a portion of a

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Claim

Claim Language first hypermedia document received over said network from of said said server, first is browserwindow client said wherein the portion hypermedia document first controlled on workstation, displayed within a

Evidence

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Claim

Claim Language

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language

Evidence http://www.adobe.com/products/flashplayer/action/. Citation 1c[A](2): Adobe Flash Platform Speeds Web Innovation Across Desktops and Devices, p. 3, available at http://www.adobe.com/aboutadobe/pressroom/pressreleases/pdfs/200910/100509FlashPlatformUmbr ella.pdf. "The Adobe Flash Platform is the leading Web design and development platform for creating expressive applications, content, and video that run consistently across operating systems and devices and reach over 98 percent of Internet-enabled desktops. Flash Player 10 was installed on more than 93 percent of computers in just the first ten months since its release. According to comScore Media Metrix, approximately 75 percent of online videos viewed worldwide are delivered using Adobe Flash technology, making it the No. 1 format for video on the Web. Major broadcasters and media companies including Disney.com, MLB.com and DIRECTV rely on the Adobe Flash Platform for delivering video on the Web and the platform powers social network sites such as YouTube and MySpace." Citation 1c[A](3): Developer Connection: Flex and Facebook,

http://www.adobe.com/devnet/facebook/. "The Adobe Flash Platform and Facebook Platform provide the ideal solution for building rich, social experiences on the web. Flash is available on more than 98% of Internet-connected PCs, so people can immediately access the applications, content, and video that enable social interactions." Citation 1c[A](4): Flash User's Guide, p. 419. "By default, the Publish command creates a Flash SWF file, an HTML document that inserts your Flash content in a browser window, and a JavaScript file labeled AC_OETags.js that lets your SWF file play automatically in active content-compliant browsers."

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Claim

Claim Language Citation 1c[A](5): Macromedia

Evidence Flash OBJECT and EMBED Tag Syntax, http://kb2.adobe.com/cps/415/tn_4150.html. "An HTML page is required to correctly display a Macromedia Flash movie in a browser. This HTML page must contain tags that reference the actual Macromedia Flash movie file to be opened and played." 1c[B]: Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) operate in an environment where said portion of a first hypermedia document is received over said network from said server. Citation 1c[B](1): Flash User's Guide, p. 421. "To specify how Flash loads a SWF file's layers to show the first frame of your SWF file, select a load order (Bottom Up or Top Down). This option controls which parts of the SWF file Flash draws first over a slow network or modem connection." Citation 1c[B](2): Flash User's Guide, p. 466. "Scenes force users to progressively download the entire SWF file, instead of loading the assets they actually want to see or use. If you avoid scenes, the user can control what content they download as they progress through your SWF file. The user has more control over how much content they download, which is better for bandwidth management." Citation 1c[B](3): Flash User's Guide, p. 208. "Using symbols in your documents dramatically reduces file size; saving several instances of a symbol requires less storage space than saving multiple copies of the contents of the symbol. For example, you can reduce the file size of your documents by converting static graphics, such as background images, into symbols and then reusing them. Using symbols can also speed SWF file playback, because a symbol needs to be downloaded to Flash Player only once."
Page 28 of 158

* Allegation not limited to the browser in use Austin 54919v3

Claim

Claim Language

Evidence Citation 1c[B](4): Flash User's Guide, p. 301. "If you don't have access to FlashMedia Server or FVSS, you can still download video from an external source when you use progressive downloading. Progressively downloading a video clip from a web server doesn't provide the same real-time performance that FlashMedia Server does . . . ." 1c[C]: Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) operate in an environment where a portion of said first hypermedia document is displayed within a first browser-controlled window on said client workstation. Citation 1c[C](1): Flash User's Guide, p. 424 (explaining how to specify settings that create HTML documents with embedded Flash content). "Percent Specifies the percentage of the browser window that the SWF file occupies." Citation 1c[C](2): Flash OBJECT "This and document EMBED lists the tag required attributes, and optional

http://kb2.adobe.com/cps/127/tn_12701.html. · align (attribute for Object) - Possible values: l, t, r, b. · ·

attributes of the object and embed tags used to publish Adobe Flash movies. . . .

Default centers the movie in the browser window and crops edges if the browser window is smaller than the movie. l (left), r (right), t (top), and b (bottom) align the movie along the corresponding edge of the browser window and crop the remaining three sides as needed."

Citation
* Allegation not limited to the browser in use Austin 54919v3

1c[C](3):

Macromedia

Flash

OBJECT

and

EMBED

Tag

Syntax,

Page 29 of 158

Claim

Claim Language

Evidence http://kb2.adobe.com/cps/415/tn_4150.html. "An HTML page is required to correctly display a Macromedia Flash movie in a browser. . . . The OBJECT tag is used by Internet Explorer on Windows and the EMBED is used by Netscape Navigator (Macintosh and Windows) and Internet Explorer (Macintosh) to direct the browser to load the Macromedia Flash Player." Citation 1c[C](4): Flash User's Guide, p. 423. "Playing Flash content in a web browser requires an HTML document that activates the SWF file and specifies browser settings." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement).

1d

wherein

said

first

Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) utilize said browser to identify an embed text format, located at a first location in said distributed hypermedia document, that specifies the

distributed hypermedia document an includes text embed

location of at least a portion of an object external to the first distributed hypermedia document. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

format, located at a first location in said first distributed that hypermedia document,

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Claim

Claim Language specifies a portion of the an location of at least object external to the first distributed hypermedia document,

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language the following code: <script type="text/javascript"

Evidence http://www.adobe.com/products/flashplayer/action/. See also the source for this page, which includes

src="http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.js"></script> <script type="text/javascript" src="http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.addon.js"></ script> Citation 1d(2): The code for the "swobject.js" is available at the above-identified URL. It provides, in-part: SWFObject v1.4.4: Flash Player detection and embed - ... SWFObject is the SWF embed script *** getSWFHTML: function() { var swfNode = ""; if (navigator.plugins && navigator.mimeTypes && navigator.mimeTypes.length) { // netscape plugin architecture if (this.getAttribute("doExpressInstall")) { this.addVariable("MMplayerType", "PlugIn"); } swfNode = '<embed type="application/x-shockwave-flash" src="'+ this.getAttribute('swf') +'" width="'+ this.getAttribute('width') +'" height="'+ this.getAttribute('height') +'"';

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Claim

Claim Language

Evidence Source: http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.js Citation 1d(3): Detecting Flash Player versions and embedding SWF files with SWFObject 2, http://www.adobe.comdevnet/flashplayer/articles/swfobject.html. "SWFObject 2 offers multiple standards-friendly methods to embed SWF files into web pages. It uses JavaScript to detect Flash Player and avoid broken SWF content, and is designed to make embedding SWFs as easy as possible. It supports the use of alternative content to display content to people that browse the web without plug-ins, to help search engines index your content, or to point visitors to the Flash Player download page. SWFObject 2 detection is future-proof, includes Adobe Express Install, and offers an elaborate API for JavaScript developers. All of this is powered by one small (under 10K) JavaScript file." Citation 1d(4): Flash User's Guide, p. 436. "A Flash HTML template is a file that contains static HTML code and flexible template code consisting of a special type of variables (which differ from ActionScript variables). When you publish a SWF file, Flash replaces these variables with the values you select in the HTML tab of the Publish Settings dialog box and produces an HTML page with your SWF file embedded. Flash includes templates, suitable for most users' needs, that eliminate the need to manually create an HTML page that displays the SWF file. For example, the Flash Only template is useful for testing your files in a browser. It places the SWF file on the HTML page so that you can view it through a web browser with the Flash Player installed." Citation 1d(5): Macromedia Flash OBJECT and EMBED Tag Syntax,

http://kb2.adobe.com/cps/415/tn_4150.html. "An HTML page is required to correctly display a Macromedia Flash movie in a browser. This HTML page must contain tags that reference the actual
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Claim

Claim Language

Evidence Macromedia Flash movie file to be opened and played. These tags are the OBJECT and EMBED tags. The OBJECT tag is used by Internet Explorer on Windows and the EMBED is used by Netscape . . . . Note: Hand coding HTML pages with OBJECT and EMBED tags is not necessary when using Macromedia Flash 4 or later. The Publish feature present in those versions of Macromedia Flash will automatically create an HTML document that contains the required HTML tags for browsers to access a Flash movie on the web. There are also several different HTML publishing templates to choose from. To use the Publish feature choose File > Publish Settings. For more information on using the feature see the Using Flash manual or online help." Citation 1d(6): Macromedia Flash OBJECT and EMBED Tag Syntax,

http://kb2.adobe.com/cps/415/tn_4150.html. "To add OBJECT and EMBED tags manually: 1. Copy the HTML code below and paste it into your HTML. <OBJECT classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#ver sion=6,0,40,0" WIDTH="550" HEIGHT="400" id="myMovieName"><PARAM NAME=movie VALUE="myFlashMovie.swf"><PARAM NAME=quality VALUE=high><PARAM NAME=bgcolor VALUE=#FFFFFF><EMBED href="/support/flash/ts/documents/myFlashMovie.swf" quality=high bgcolor=#FFFFFF WIDTH="550" HEIGHT="400" NAME="myMovieName" ALIGN="" TYPE="application/x-shockwave-flash" PLUGINSPAGE="http://www.macromedia.com/go/getflashplayer"></EMBED></OBJECT> 2. Edit the attributes of the tags for the movie.
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Claim

Claim Language o

Evidence Change the HEIGHT and WIDTH parameters to match the height and width of the movie dimensions or use percentage values, if desired. o Change "moviename.swf" where it appears in the OBJECT and EMBED tags to the name of movie to be played." Citation 1d(7): Flash User's Guide, p. 441. "To display a SWF file in a web browser, an HTML document must use the object and embed tags with the proper parameters. . . . <embed src="moviename.swf" width="100" height="100" play="true" loop="true" quality="high" pluginspage="http://www.adobe.com/shockwave/download/index.cgi?P1_Prod_Version=ShockwaveFl ash"> </embed> " Citation 1d(8): Flash User's Guide, p. 442 (teaching the tag attributes and parameters that describe the HTML code that the Publish command creates). "src attribute Value movieName.swf Template variable: $MO Description

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Claim

Claim Language

Evidence Specifies the name of the SWF file to be loaded." Citation 1d(9): Flash OBJECT and EMBED tag attributes,

http://kb2.adobe.com/cps/127/tn_12701.html (explaining syntax that specifies the URL of a movie to be loaded). "This document lists the required and optional attributes of the object and embed tags used to publish Adobe Flash movies." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement). 1e wherein said object has information associated utilized and with it by locate said an type Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) operate in an environment where said object has type information associated with it utilized by said browser to identify and locate an executable application external to the first distributed hypermedia document. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

browser to identify executable application external to the first distributed

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Claim

Claim Language hypermedia document,

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language the following code: <script type="text/javascript"

Evidence http://www.adobe.com/products/flashplayer/action/. See also the source for this page, which includes

src="http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.js"></script> <script type="text/javascript" src="http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.addon.js"></ script> Citation 1e(2): The code for the "swobject.js" is available at the above-identified URL. It provides, in-part: SWFObject v1.4.4: Flash Player detection and embed - ... SWFObject is the SWF embed script *** getSWFHTML: function() { var swfNode = ""; if (navigator.plugins && navigator.mimeTypes && navigator.mimeTypes.length) { // netscape plugin architecture if (this.getAttribute("doExpressInstall")) { this.addVariable("MMplayerType", "PlugIn"); } swfNode = '<embed type="application/x-shockwave-flash" src="'+ this.getAttribute('swf') +'" width="'+ this.getAttribute('width') +'" height="'+ this.getAttribute('height') +'"';

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Claim

Claim Language

Evidence Source: http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.js

Citation 1e(3): Flash User's Guide, p. 426. "Select the Detect Flash Version check box. Your SWF file is embedded in a web page that includes Flash Player detection code. If the detection code finds an acceptable version of FlashPlayer installed on the end user's computer, the SWF file plays as designed." Citation 1e(4): Flash User's Guide, p. 426. "When you publish your SWF file, Flash creates a single HTML page in which to embed the SWF file and the Flash Player detection code. If an end user does not have the version of Flash you've specified to view the SWF file, an HTML page appears with a link to download the latest version of Flash Player." Citation 1e(5): Flash User's Guide, p. 433-34. "Configuring a server establishes the appropriate Multipart InternetMail Extension (MIME) types so that the server can identify files with the .swf extension as Flash files. A browser that receives the correct MIME type can load the appropriate plug-in, control, or helper application to process and properly display the incoming data." Citation 1e(6): Detecting Flash Player versions and embedding SWF files with SWFObject 2, http://www.adobe.comdevnet/flashplayer/articles/swfobject.html. "SWFObject 2 offers multiple standards-friendly methods to embed SWF files into web pages. It uses JavaScript to detect Flash Player and avoid broken SWF content, and is designed to make embedding SWFs as easy as possible. It supports the use of alternative content to display content to people that browse the web without
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Claim

Claim Language

Evidence plug-ins, to help search engines index your content, or to point visitors to the Flash Player download page. SWFObject 2 detection is future-proof, includes Adobe Express Install, and offers an elaborate API for JavaScript developers. All of this is powered by one small (under 10K) JavaScript file." Citation 1e(7): Macromedia Flash OBJECT and EMBED Tag Syntax,

http://kb2.adobe.com/cps/415/tn_4150.html. "To add OBJECT and EMBED tags manually: 1. Copy the HTML code below and paste it into your HTML. <OBJECT classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#ver sion=6,0,40,0" WIDTH="550" HEIGHT="400" id="myMovieName"><PARAM NAME=movie VALUE="myFlashMovie.swf"><PARAM NAME=quality VALUE=high><PARAM NAME=bgcolor VALUE=#FFFFFF><EMBED href="/support/flash/ts/documents/myFlashMovie.swf" quality=high bgcolor=#FFFFFF WIDTH="550" HEIGHT="400" NAME="myMovieName" ALIGN="" TYPE="application/x-shockwave-flash" PLUGINSPAGE="http://www.macromedia.com/go/getflashplayer"></EMBED></OBJECT> 2. Edit the attributes of the tags for the movie. o Change the HEIGHT and WIDTH parameters to match the height and width of the movie dimensions or use percentage values, if desired. o Change "moviename.swf" where it appears in the OBJECT and EMBED tags to the name

Page 40 of 158 * Allegation not limited to the browser in use Austin 54919v3

Claim

Claim Language of movie to be played."

Evidence

Citation 1e(8): Flash User's Guide, p. 441. "To display a SWF file in a web browser, an HTML document must use the object and embed tags with the proper parameters. . . . <embed src="moviename.swf" width="100" height="100" play="true" loop="true" quality="high" pluginspage="http://www.adobe.com/shockwave/download/index.cgi?P1_Prod_Version=ShockwaveFlash"> </embed> " See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement). 1f and wherein said Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) operate in an environment where said embed text format is parsed by said browser to automatically invoke said executable application to execute on said client workstation in order to display said object. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them said to
Page 41 of 158 * Allegation not limited to the browser in use Austin 54919v3

embed text format is parsed by said browser automatically invoke executable application to

to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

Claim

Claim Language execute client on said workstation

Evidence

in order to display said object

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language the following code: <script type="text/javascript"

Evidence http://www.adobe.com/products/flashplayer/action/. See also the source for this page, which includes

src="http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.js"></script> <script type="text/javascript" src="http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.addon.js"></ script> Citation 1f(2): The code for the "swobject.js" is available at the above-identified URL. It provides, in-part: SWFObject v1.4.4: Flash Player detection and embed - ... SWFObject is the SWF embed script *** getSWFHTML: function() { var swfNode = ""; if (navigator.plugins && navigator.mimeTypes && navigator.mimeTypes.length) { // netscape plugin architecture if (this.getAttribute("doExpressInstall")) { this.addVariable("MMplayerType", "PlugIn"); } swfNode = '<embed type="application/x-shockwave-flash" src="'+ this.getAttribute('swf') +'" width="'+ this.getAttribute('width') +'" height="'+ this.getAttribute('height') +'"';

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Claim

Claim Language

Evidence Source: http://wwwimages.adobe.com/www.adobe.com/ubi/template/identity/lib/swfobject.js Citation 1f(3): The Adobe Flash player is an example of an executable application that is automatically invoked by the browser, when said embed text format is parsed, in order to display said object. See Adobe Flash Player, http://get.adobe.com/flashplayer/. See also Adobe Flash Player, http://www.adobe.com/products/flashplayer/. Citation 1f(4): Flash User's Guide, p. 13. "To eliminate the need to first activate Flash Player so that users can interact with Flash content, Flash publishes HTML templates that you can use to embed Flash SWF files. Using these templates, embedded SWF files are activated seamlessly without the need for an additional mouse click or other user activation." Citation 1f(5): Flash User's Guide, p. 426. "Select the Detect Flash Version check box. Your SWF file is embedded in a web page that includes Flash Player detection code. If the detection code finds an acceptable version of FlashPlayer installed on the end user's computer, the SWF file plays as designed." Citation 1f(6): Flash User's Guide, p. 433-34. "Configuring a server establishes the appropriate Multipart InternetMail Extension (MIME) types so that the server can identify files with the .swf extension as Flash files. A browser that receives the correct MIME type can load the appropriate plug-in, control, or helper application to process and properly display the incoming data." Citation 1f(7): Video Learning Guide for Flash: Overview,

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Claim

Claim Language

Evidence http://www.adobe.com/devnet/flash/learning_guide/video/part01.html. "Because Flash Player treats video as simply another media type, you can layer, script, and control video content just like any other object in a SWF file. Video is an integral part of the viewing experience, as opposed to a separate popup window that interrupts the experience." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element. In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement).

1g

and enable an enduser object display to directly with within said a area interact

Users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) enable an end-user to directly interact with said object within a display area created at said first location within the portion of said first distributed hypermedia document being displayed in said first browser-controlled window. In addition, Adobe provides the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

created at said first location within the portion of said first distributed hypermedia document displayed first in being said browser-

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Claim

Claim Language controlled window.

Evidence

Source:

Adobe

Flash

Player:

Flash

Player

in

Action,

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Claim

Claim Language

Evidence http://www.adobe.com/products/flashplayer/action/. Citation 1g[A](2): Flash User's Guide, p. 148. "Flash lets you bring those still images together and incorporate them into interactive Internet content." Citation 1g[A](3): Flash CS3 Documentation: Learning ActionScript 2.0 in Adobe Flash,

http://livedocs.adobe.com/flash/9.0/main/wwhelp/wwhimpl/common/html/wwhelp.htm?context=LiveD ocs_Parts&file=00000652.html. "Adobe Flash CS3 Professional is the professional standard authoring tool for producing high-impact web experiences. ActionScript is the language you use to add interactivity to Flash applications, whether your applications are simple animated SWF files or more complex rich Internet applications." Citation 1g[A](4): Flash User's Guide, p. 381. "The ActionScript scripting language lets you add complex interactivity, playback control, and data display to your application." Citation 1g[A](5): Flash User's Guide, p. 15. "Write ActionScript code to control how the media elements behave, including how the elements respond to user interactions." Citation 1g[A](6): Flash User's Guide, p. 52. "You can add ActionScriptTM code to Flash documents to more finely control their behavior and to make them respond to user interactions." Citation 1g[A](7): Flash User's Guide, p. 13. "To eliminate the need to first activate Flash Player so that users can interact with Flash content, Flash publishes HTML templates that you can use to embed Flash SWF files. Using these templates, embedded SWF files are activated seamlessly without the need
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Claim

Claim Language

Evidence for an additional mouse click or other user activation." Citation 1g[A](8): Creating a Simple Document in Flash CS4 Professional,

http://www.adobe.com/devnet/flash/articles/flash_cs4_createfla.html. "ActionScript code allows you to add interactivity to the media elements in your document. For example, you can add code that causes a button to display a new image when the user clicks it. You can also use ActionScript to add logic to your applications. Logic enables your application to behave in different ways depending on the user's actions or other conditions." 1g[B]: Adobe instructs that said interactivity occurs within a display area created at said first location within the portion of said first distributed hypermedia document. Citation 1g[B](1): Examining the Puzzle Game Sample Application,

http://www.adobe.com/devnet/flash/articles/puzzle_game_sample.html (containing sample code to create a Puzzle Game wherein an end-user directly interacts with puzzle-piece objects within a display area defined by the code). "The Puzzle Game starts with eight randomly positioned puzzle pieces (see Figure 1). Your goal is to try and solve the puzzle by arranging those eight pieces so that they form an image." Citation 1g[B](2): Flash Sample: Interactivity Sample: Button Controlled Movement,

http://www.adobe.com/devnet/flash/samples/interactivity_1/index.html (containing sample code to create an application that allows user manipulation of screen content within a display area defined by the code). "Interactivity is created by providing various options for manipulating content on the screen. The simplest approach in capturing user input is through the use of buttons. You can create
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Claim

Claim Language

Evidence custom buttons using a Button symbol, the SimpleButton class in ActionScript, or the Button component. This sample demonstrates an animation whose path is controlled by the button clicked. Click the four direction buttons and the curve button in the center to see the results." 1g[C]: Adobe instructs that said display area is displayed in said first browser-controlled window. Citation 1g[C](1): Flash User's Guide, p. 419. "By default, the Publish command creates a Flash SWF file, an HTML document that inserts your Flash content in a browser window . . . ." Citation 1g[C](2): Flash User's Guide, p. 301. "Flash Video offers technological and creative benefits that let you fuse video together with data, graphics, sound, and interactive control. Flash Video lets you easily put video on a web page in a format that almost anyone can view." Citation 1g[C](3): Flash User's Guide, p. 446-47 (teaching tag attributes and parameters that describe the HTML code that the Publish command creates). "wmode attribute or parameter Value Window | Opaque | Transparent ... Window Plays the application in its own rectangular window on a web page. Window indicates that the Flash application has no interaction with HTML layers and is always the topmost item." See also the evidence cited in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) for this claim element.
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* Allegation not limited to the browser in use Austin 54919v3

Claim

Claim Language

Evidence In addition, as set forth above, the Adobe players also infringe this element directly and indirectly (through contributory and/or induced infringement).

2pre

The claim said

method 1,

of

In addition to the direct infringement of this claim shown in the flash-based infringement charts for Adobe (and the flash-based infringement charts for the other defendants) - Adobe also indirectly, by induced and/or contributory infringement, infringes all elements of this claim set forth below through its authoring tools, including but not limited to: · Flash Professional Flash Platform Creative Suite 4 Production Premium Creative Suite 4 Design Premium Creative Suite 4 Web Premium Creative Suite 4 Web Standard Creative Suite 4 Master Collection Flex Director Dreamweaver Indesign CS4 · · · · · · · · · ·

wherein is a and

executable

application controllable application further the step of:

comprising

and any other tools used to create flash or similar content.

For example, users of Adobe Flash authoring tools, the Flash authoring tools themselves and/or the servers hosting the Flash authoring tools (and/or the combination thereof) perform the method of claim 1, wherein said executable application is a controllable application. In addition, Adobe provides
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Claim

Claim Language

Evidence the infrastructure (e.g. the authoring tools/servers), in addition to instructions to users, and causes them to use Adobe Flash authoring tools in an infringing manner in their default and expected uses.

Source: Adobe Flash Player, http://www.adobe.com/products/flashplayer/.

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Claim

Claim Language

Evidence

Source: Adobe, http://www.adobe.com/.

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Claim

Claim Language

Evidence

Source: Adobe, http://www.adobe.com/.

Source: Adobe, http://www.adobe.com/.

Citation

2pre(5):

Flash

Player

Help,

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
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Claim

Claim Language

Evidence "What can I do with the Settings Manager? Adobe is committed to providing you with options to control SWF or FLV content and applications that run in Flash Player. The Adobe Flash Player Settings Manager lets you manage global privacy settings, storage settings, security settings, and automatic notification settings by using the following panels . . . ." Citation 2pre(6): Flash User's Guide, p. 324, available at

http://livedocs.adobe.com/flash/9.0/UsingFlash/flash_cs3_help.pdf (instructing how to configure the FLVPlayback component) skin A parameter that opens the Select Skin dialog box and allows you to choose a skin for the component. The default value is None. If you choose None, the FLVPlayback instance does not have control elements that allow the user to play, stop, or rewind the FLV, or take other actions that the controls make possible."

Citation

2pre(7):

Flash

User's

Guide,

p.

301,

available

at

http://livedocs.adobe.com/flash/9.0/UsingFlash/flash_cs3_help.pdf. "To control video playback and provide intuitive controls for users to interact with the video, use the new FLVPlayback component or ActionScriptTM. . . . Using the FLVPlayback component Lets you quickly add a full-featured FLV or mp3 playback control to your Flash movie and provides support for both progressive downloading and streaming FLV files. FLVPlayback lets you easily create intuitive video controls for users to co