Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 537

OPENING CLAIM CONSTRUCTION BRIEF filed by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X Part 1, # 25 Exhibit X Part 2, # 26 Exhibit X Part 3, # 27 Exhibit X Part 4, # 28 Exhibit X part 5, # 29 Exhibit Y)(McKool, Mike)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 537 Att. 5

Exhibit E

Dockets.Justia.com

Eolas Technologies Incorporated v. Adobe Systems Inc., et. al. The Parties' Proposed Constructions for Disputed Claim Terms

Claim Term(s)

Eolas' Proposal

Defendants' Proposal a compiled native binary program, designed to help users perform certain tasks, that remains discrete and separate from the browser application, and is not the operating system, a utility, or a library

executable application

any computer program code, that is not the operating system or a utility, that is launched to enable an end-user to directly interact with data.

automatically [invoking / invoke] [the / said] executable application

executable application is automatically invoked by the browser

No further construction of this term is needed. In the alternative, to the extent a construction is deemed necessary, this term should be construed to mean: automatically calling or activating the executable application.1 No further construction of this term is needed. In the alternative, to the extent a construction is deemed necessary, this term should be construed to mean: executable application is automatically called or activated by the browser.

in response to the browser parsing an embed text format, the executable application is launched to permit a user to interact with the object immediately, without any intervening activation of the object by the user

text format

text that initiates processing

a predefined set of tags or symbols that specify the formatting of a document

Underlining in Eolas' proposed construction indicates that the underlined word has been separately construed or separately proposed for construction.

1

Claim Term(s)

embed text format

Eolas' Proposal No further construction of this term is needed. In the alternative, to the extent a construction is deemed necessary, this term should be construed to mean:

Defendants' Proposal

a tag that specifies the object to be embedded at the location of the tag

embed text format specifies the location of at least a portion of [an / said] object

text format for embedding an object. No further construction of this term is needed. In the alternative, to the extent a construction is deemed To name or state explicitly or in necessary, this term should be detail the location of at least a construed to mean: portion of [an / said] object. embed text format that specifies the location of at least part of an object. No further construction of this term is needed. In the alternative, to the extent a construction is deemed embed text format located at the necessary, this term should be place in the received document construed to mean: where the embedded object will appear within the displayed document embed text format located at a first location in the first distributed hypermedia document. No further construction of this term is needed. In the alternative, to the extent a construction is deemed embed text format located at the necessary, this term should be place in the received file where the embedded object will appear construed to mean: within the displayed document embed text format which relates to a first location in the document.

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

embed text format [which] correspond[s/ing] to [a / said] first location in the document

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Claim Term(s)

Eolas' Proposal No further construction of this term is needed. In the alternative, to the extent a construction is deemed necessary, this term should be construed to mean: detecting an embed text format. No further construction of this term is needed. In the alternative, to the extent a construction is deemed necessary, this term should be construed to mean: an embed text format is detected.

Defendants' Proposal

identify[ing] an embed text format

detecting an embed text format during parsing of a hypermedia document

an embed text format . . . is identified

object

text, images, sound files, video data, documents or other types of information that is presentable to a user of a computer system.

information capable of being retrieved and presented to a user of a computer system, which is not a program and which does not include source code or byte code

[first] hypermedia document

a document that allows a user to click on images, sound icons, video icons, etc., that link to other objects of various media types, such as additional graphics, sound video, text, or hypermedia or hypertext documents [first] hypermedia document that allows a user to access a remote data object over a network.

a document received by the browser that includes links (specified by the hypertext format) to graphics, sound, video or other media

[first] distributed hypermedia document

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Claim Term(s) file containing information to enable a browser application to display [, on] [said/the] [client workstation,] at least [a / said] portion of [a / said] distributed hypermedia document

Eolas' Proposal the file contains information to allow the browser application to display at least part of a distributed hypermedia document.

Defendants' Proposal

distributed application

an application that may be broken up and performed among two or more computers.

application external to the browser, where application tasks that could be performed on a single computer are instead broken up and performed at the same time on both the client workstation and one or more computers that are remote to the client workstation a desktop or deskside computer with an operating system and hardware designed for technical or scientific applications that provides higher performance than a personal computer a computer running software that is capable of executing applications responsive to requests from a client workstation, and that processes commands from a client workstation to locate and retrieve documents or files from storage

client workstation a computer system connected to a network that serves the role of an information requester network server a computer system that serves the role of an information provider

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