Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 375

RESPONSE in Opposition re 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 Consideratio filed by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3A, # 4 Exhibit 3B, # 5 Exhibit 3C, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(McKool, Mike) (Additional attachment(s) added on 8/5/2010: # 13 Text of Proposed Order) (kls, ).

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Eolas Technologies Incorporated v. Adobe Systems Incorporated et al Doc. 375 Att. 4 Exhibit 3B Dockets.Justia.com Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 82 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 83 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 84 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 85 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites <script src="/resources/js/lib/swfobject.js" type="text/javascript"></script> ... <script type="text/javascript"> ... var flashvars = {}; flashvars.baseUrl = 'http://cookbooks.adobe.com/'; flashvars.avatarLink = 'http://community.adobe.com/help/profile/index.html?id='; ... var params = {}; ... var attributes = {}; attributes.id = "CookbookExplorer"; swfobject.embedSWF( "explorer", "983", "360", "9.0.0", "expressInstall.swf", flashvars, params, attributes); </script> "resources/data_visualizer/Cookbook_v8.swf", Source: Lines 96 ­ 354, Page Source, http://cookbooks.adobe.com/home Page 86 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 87 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 88 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 89 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 90 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites <script type="text/javascript" src="http://daven0pder23c.cloudfront.net/120809v2/js/swfobject.js"></script> ... <script type="text/javascript"> var vars = {path:'http://daven0pder23c.cloudfront.net/120809v2/'}; var params = { scale:'noScale', salign:'lt', menu:'false' , wmode:'opaque' , bgcolor:'ECECEC', AllowScriptAccess:"always"}; var attributes = { id:'flashContent', name:'flashContent' }; ... swffit.showScrollV(); swffit.showScrollV(); swfobject.embedSWF("http://daven0pder23c.cloudfront.net/120809v2/gallery/Main.swf", "flashContent", "970", "650", "10.0.0", "http://daven0pder23c.cloudfront.net/120809v2/js/expressInstall.swf", vars, params, attributes ); if(swfmacmousewheel){ swfmacmousewheel.registerObject(attributes.id); } </script> Source: Lines 34 ­ 73, Page Source, http://studenteditions.adobe.com/#/home Page 91 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home Page 92 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 93 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 94 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home 2pre The claim said method 1, of Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers which further comprises the method of claim 1, said executable application is a controllable application and further comprises the following steps. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and and causes them to use Adobe's websites in an infringing manner in its default and expected use. Page 95 of 246 *Allegation not limited to the browser in use wherein executable is a application controllable application Claim Claim Language further comprising Exemplary Evidence from Adobe Systems Inc.'s websites the step of: Source: http://www.adobe.com Page 96 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 97 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 98 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 99 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 100 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 101 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 102 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 103 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 104 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 105 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home 2a interactively controlling controllable application on said client via workstation inter-process said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client workstations in the distributed hypermedia network. Adobe's servers format the communications so that there is interactive control of said controllable application on said client workstation via inter-process communications between said browser and said controllable application. In addition, Adobe provides the Page 106 of 246 *Allegation not limited to the browser in use Claim Claim Language communications between browser and said said Exemplary Evidence from Adobe Systems Inc.'s websites infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. controllable application. Source: http://www.adobe.com/ Page 107 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/ Page 108 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/ Page 109 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 110 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 111 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 112 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 113 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 114 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 115 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 116 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 117 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 118 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home Page 119 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites "Netscape Plugin Application Programming Interface (NPAPI) is a cross-platform plugin architecture used by many web browsers. It was first developed for the Netscape family of browsers starting with Netscape Navigator 2.0 but has subsequently been implemented in other browsers including Mozilla Application Suite, Mozilla Firefox, Safari, Opera, Konqueror, Google Chrome, and some older versions of Microsoft Internet Explorer." Source: http://en.wikipedia.org/wiki/NPAPI "To interact with the browser, plugins use a plugin API, such as the NPAPI [9], supported by the browser." Source: http://w2spconf.com/2009/papers/s1p1.pdf "The ExternalInterface class is the External API, an application programming interface that enables straightforward communication between ActionScript and the Flash Player container; for example, an HTML page with JavaScript, or a desktop application with Flash Player embedded. ... From JavaScript on the HTML page, you can call an ActionScript function in Flash Player. The ActionScript function can return a value, and JavaScript receives it immediately as the return value of the call. ExternalInterface is supported in the following combinations of browser and operating system: " Page 120 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://kb2.adobe.com/cps/156/tn_15683.html 3 The claim method 2, of Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers which further comprises the method of claim 2, wherein the communications to interactively control said controllable application continue to be exchanged between the controllable application and the browser even after the controllable application program has been launched. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its wherein the communications to control controllable application continue interactively said Page 121 of 246 *Allegation not limited to the browser in use Claim Claim Language to be exchanged the Exemplary Evidence from Adobe Systems Inc.'s websites default and expected use. between controllable See the evidence and information cited for the claim elements 1g and 2a supra which is expressly incorporated herein. application and the browser even after the controllable application program has been launched. 4pre A method for an Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers and comprises a method for running an application program in a computer network environment, comprising the following steps. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. running application program in a computer network environment, comprising: See the evidence and information cited for the claim element 1pre supra which is expressly incorporated herein. 4a providing one at least client and Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes at least one client workstation and one network server coupled to said network environment, wherein said network Page 122 of 246 workstation *Allegation not limited to the browser in use Claim Claim Language one network server coupled network environment, wherein network environment distributed hypermedia environment; is a said to said Exemplary Evidence from Adobe Systems Inc.'s websites environment is a distributed hypermedia environment. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. See the evidence and information cited for the claim element 1a supra which is expressly incorporated herein. 4b executing, at said client a application, parses distributed hypermedia document identify to text a workstation, browser that first Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so workstations in the distributed hypermedia network. that the client workstation executes a browser application to parse a first distributed hypermedia document to identify text formats included in said distributed hypermedia document for responding to predetermined text formats to initiate processing specified by said text formats. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. formats included in said distributed See the evidence and information cited for the claim element 1b supra which is expressly incorporated herein. hypermedia document and for Page 123 of 246 *Allegation not limited to the browser in use Claim Claim Language responding to Exemplary Evidence from Adobe Systems Inc.'s websites predetermined text formats to initiate processing specified by said text formats; 4c utilizing said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so browser to display, on said client at workstation, workstations in the distributed hypermedia network. least a portion of a first hypermedia that the client workstation executes a browser application to display, on said client workstation, at least a portion of a first hypermedia document received over said network from said server, wherein the portion of said first hypermedia document is displayed within a first browser-controlled window on said client workstation. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. document received over said network from said server, wherein the portion of said first hypermedia document is See the evidence and information cited for the claim element 1c supra which is expressly incorporated herein. displayed within a Page 124 of 246 *Allegation not limited to the browser in use Claim Claim Language first controlled on said browserwindow client Exemplary Evidence from Adobe Systems Inc.'s websites workstation, 4d wherein said first Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so distributed hypermedia document an includes text workstations in the distributed hypermedia network. embed that said first distributed hypermedia document includes an embed text format, located at a first location in said first distributed hypermedia document, that specifies the location of at least a portion of an object external to the first distributed hypermedia document. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. format, located at a first location in said first distributed hypermedia document, specifies that the See the evidence and information cited for the claim element 1d supra which is expressly incorporated herein. location of at least a portion of an to object external the first distributed hypermedia document, Page 125 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites 4e wherein said object has information associated utilized with by it type Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so workstations in the distributed hypermedia network. said that 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. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. browser to identify and locate an executable application external to the first See the evidence and information cited for the claim element 1e supra which is expressly incorporated herein. distributed hypermedia document, 4f and wherein said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so embed text format is parsed by said browser automatically invoke executable application execute on to said said to workstations in the distributed hypermedia network. that when said embed text format is parsed by said browser, said executable application is automatically invoked to execute on said client workstation in order to display said object. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. Page 126 of 246 *Allegation not limited to the browser in use Claim Claim Language client workstation Exemplary Evidence from Adobe Systems Inc.'s websites See the evidence and information cited for the claim element 1f supra which is expressly incorporated herein. in order to display said object 4g and interactive enable Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so processing of said object display within a area workstations in the distributed hypermedia network. that interactive processing of said object is enabled within a display area created at said first location within the portion of said first distributed hypermedia document being displayed in said first browsercontrolled window. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. created at said first location within the portion of said first distributed hypermedia document displayed first in being said See the evidence and information cited for the claim element 1g supra which is expressly incorporated herein. browser- controlled window. 4h wherein said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or Page 127 of 246 *Allegation not limited to the browser in use Claim Claim Language executable application controllable application further and is a Exemplary Evidence from Adobe Systems Inc.'s websites the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers where said executable application is a controllable application and further comprises the following steps. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. comprising the step of: See the evidence and information cited for the claim element 2pre supra which is expressly incorporated herein. 4i interactively controlling controllable application on said client via workstation inter-process said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so workstations in the distributed hypermedia network. that interactive controlling of said controllable application on said client workstation occurs via interprocess communications between said browser and said controllable application. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. communications between browser and said said controllable application; See the evidence and information cited for the claim element 2a supra which is expressly incorporated herein. 4j wherein the Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or Page 128 of 246 *Allegation not limited to the browser in use Claim Claim Language communications to Exemplary Evidence from Adobe Systems Inc.'s websites the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so interactively control said controllable workstations in the distributed hypermedia network. application continue to be exchanged the that communications to interactively control said controllable application continue to be exchanged between the controllable application and the browser even after the controllable application program has been launched. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. between controllable application and the browser even after the controllable See the evidence and information cited for the claim elements 1g and 2a supra which are expressly incorporated herein. application program has been launched; and 4k wherein additional for said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so instructions controlling controllable application on said workstations in the distributed hypermedia network. reside network wherein that the additional instructions for controlling said controllable application reside on said network server, wherein said step of interactively controlling said controllable application includes the following substeps identified below. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. Page 129 of 246 server, said step of interactively *Allegation not limited to the browser in use Claim Claim Language controlling controllable application includes the substeps: following said Exemplary Evidence from Adobe Systems Inc.'s websites "ActionScript is the programming language for the Adobe® Flash® Player and Adobe® AIRTM run-time environments. It enables interactivity, data handling, and much more in Flash, Flex, and AIR content and applications." Source : http://help.adobe.com/en_US/ActionScript/3.0_ProgrammingAS3/WS5b3ccc516d4fbf351e63e3d118a9b 90204-7ff4.html "This chapter explains how to enable your SWF file to communicate with external files and other Adobe Flash Player and Adobe AIR instances. It also explains how to load data from external sources, send messages between a Java server and Flash Player, and perform file uploads and downloads using the FileReference and FileReferenceList classes." Source: http://help.adobe.com/en_US/ActionScript/3.0_ProgrammingAS3/flash_as3_programming.pdf Page 130 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/ Page 131 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/ Page 132 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/ Page 133 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/ Page 134 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 135 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 136 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 137 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 138 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 139 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 140 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 141 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 142 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 143 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 144 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home 4l issuing, client one from the Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so workstation, or to more the commands workstations in the distributed hypermedia network. network server; that the client workstation is caused to issue one or more commands to the network server. In addition, Page 145 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. Source: http://www.adobe.com/resources/business/rich_internet_apps/ Page 146 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 147 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 148 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 149 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home 4m executing, on the Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so Page 150 of 246 network server, one or instructions more in workstations in the distributed hypermedia network. *Allegation not limited to the browser in use Claim Claim Language response to said Exemplary Evidence from Adobe Systems Inc.'s websites that the network server executes one or more instructions in response to said commands. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. commands; Source: http://www.adobe.com/resources/business/rich_internet_apps Page 151 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps#aol Page 152 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 153 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 154 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 155 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://www.adobe.com/resources/business/rich_internet_apps/#aol Page 156 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 157 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://cookbooks.adobe.com/home Page 158 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home Page 159 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Page 160 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites Source: http://studenteditions.adobe.com/#/home Page 161 of 246 *Allegation not limited to the browser in use Claim Claim Language Exemplary Evidence from Adobe Systems Inc.'s websites "ActionScript is the programming language for the Adobe® Flash® Player and Adobe® AIRTM run-time environments. It enables interactivity, data handling, and much more in Flash, Flex, and AIR content and applications." Source : http://help.adobe.com/en_US/ActionScript/3.0_ProgrammingAS3/WS5b3ccc516d4fbf351e63e3d118a9b 90204-7ff4.html "This chapter explains how to enable your SWF file to communicate with external files and other Adobe Flash Player and Adobe AIR instances. It also explains how to load data from external sources, send messages between a Java server and Flash Player, and perform file uploads and downloads using the FileReference and FileReferenceList classes." Source: http://help.adobe.com/en_US/ActionScript/3.0_ProgrammingAS3/flash_as3_programming.pdf 4n sending information from said network server to said client workstation response executed to in said Users of Adobe's websites, the websites themselves and/or the servers hosting those websites (and/or the combination thereof), operate in a hypermedia network environment that includes client workstations executing browsers. Adobe's servers transmit a series of communications to client Adobe's servers format the communications so workstations in the distributed hypermedia network. that information is sent from said network server to said client workstation in response to said executed instructions. In addition, Adobe provides the infrastructure (e.g. servers, Adobe's websites, etc.), in Page 162 of 246 *Allegation not limited to the browser in use Claim Claim Language instructions; Exemplary Evidence from Adobe Systems Inc.'s websites addition to instructions to users, and causes them to use Adobe's websites in an infringing manner in its default and expected use. Source: 1) http://www.adobe.com/resources/business/rich_internet_apps/#aol 2) Smartsniff, a network monitoring utility for capturing TCP/IP packets transferred between client workstation and network server Page 163 of 246 *Allegation not limited to the browser in use

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