Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 589

JOINT CLAIM CONSTRUCTION CHART filed by Adobe Systems Incorporated, Amazon.com Inc., Apple Inc., CDW Corporation, Citigroup Inc., Ebay Inc., Eolas Technologies Incorporated, Frito-Lay, Inc., Google Inc., J.C. Penney Company, Inc., JPMorgan Chase & Co., New Frontier Media, Inc., Office Depot, Inc., Perot Systems Corp., Playboy Enterprises International, Inc., Rent-A-Center, Inc., Staples, Inc., Sun Microsystems, Inc., Texas Instruments Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Jones, Michael)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 589 Att. 2

Exhibit 1

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

EOLAS TECHNOLOGIES INCORPORATED Plaintiff, v. ADOBE SYSTEMS INCORPORATED, et al. Defendants. Civil Action No. 6:09-CV-446 (LED)

DEFENDANTS' PROPOSED TERMS AND CLAIM ELEMENTS FOR CONSTRUCTION

I.

INTRODUCTION Pursuant to Rule 4-1 of the Rules of Practice for Patent Cases before the Eastern District

of Texas, Defendants hereby submit their proposed terms and claim elements for construction of the claims of U.S. Patent Nos. 5,838,906 (the '906 patent) and 7,599,985 (the '985 patent) (collectively, the "patents-in-suit"). Plaintiff has asserted all 61 claims of the patents-in-suit against Defendants. Among these claims, Defendants contend that the claim terms, phrases, and clauses identified below should be construed by the Court. In addition, where indicated in Part III below, Defendants contend that certain terms, phrases, and clauses are governed by and should be addressed in accordance with 35 U.S.C. § 112 ¶ 6. To the extent a term, phrase, or clause appears in both Part II and Part III below, Defendants contend that if it is agreed or
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decided that § 112 ¶ 6 does not apply to one or more instances of that term, phrase, or clause, then the term, phrase, or clause appearing in Part II should still be construed by the Court, without reference to § 112 ¶ 6. Defendants' discovery and investigation in connection with this lawsuit are continuing, and, thus, these disclosures are based on information obtained to date. Numerous Defendants have pointed out the failure of Plaintiff's infringement contentions to provide the specificity required by P.R. 3-1, and thus the Court will be holding a hearing in several weeks on August 31, 2010, to address Plaintiff's infringement contentions. Defendants reserve the right to amend or supplement their identification of terms, phrases, and clauses for construction, including the identification of claim elements governed by 35 U.S.C. § 112 ¶ 6, in the event they obtain or discern additional information through further investigation, discovery, or disclosure from Plaintiff. In addition, Defendants reserve the right to seek construction of, or treatment in accordance with 35 U.S.C. § 112 ¶ 6 for, any term, phrase, or clause listed by Plaintiff. Finally, to the extent Plaintiff is asserting infringement of any claim of the the '906 patent before issuance of the C2 reexamination certificate on February 3, 2009, then Defendants contend that the Court should compare the scope of those claims in the C2 reexamination certificate to the scope of the claims before reexamination to determine the extent to which Eolas may pursue its infringement claims in light of 35 U.S.C. §§ 252, 307 (e.g., "intervening rights"). II. 1. a. "utilized by said browser to identify and locate [an / said] executable application" b. "with the browser application: ... utilizing the type information to identify and locate an executable application" c. "cause the client workstation to utilize the browser to: ... utilize the type information to identify and locate an executable application external to the file"
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CLAIM TERMS AND CLAIM ELEMENTS REQUIRING CONSTRUCTION

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d. "utilized by the browser to identify and locate said executable application" e. "with the browser application: ... identifying and locating an executable application f. "executable application ... is identified and located by the browser" 2. a. "automatically [invoking / invoke] [the / said] executable application" b. "executable application is automatically invoked by the browser" 3. "workstation" 4. "network server" 5. "executable application" 6. "object" 7. a. "type information" b. "object [has / having] type information associated with it" 8. a. "enable interactive processing of said object" b. "[enable / enabling] an end-user to directly interact with [said / the / an] object" 9. a. "[first] hypermedia document" b. "[first] distributed hypermedia document" c. "file" d. "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" 10. a. "text format"
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b. "embed text format" 11. a. "embed text format, located at a first location in said first distributed hypermedia document" b. "embed text format [which] correspond[s/ing] to [a / said] first location in the document" c. "a display area created at [a / said / the] first location within [a / the] portion of [a / the / said] [first] [distributed] hypermedia document" 12. "interactively control[ling]" 13. "distributed application" 14. a. "display [said / the] object" b. "object is being displayed" 15. a. "said executable application to execute on said client workstation in order to display said object and enable an end-user to directly interact with said object" b. "said executable application to execute on said client workstation in order to display said object and enable interactive processing of said object" c. "the executable application . . . to execute on the client workstation in order to display the object and enable an end-user to directly interact with the object" d. "directly interact with an object by utilizing said executable application to interactively process said object while the object is being displayed" e. "the client workstation to display an object and enable an end-user to directly interact with said object while the object is being displayed" f. "an executable . . . to enable an end-user to directly interact with an object while the object is being displayed" g. "the executable application . . . to enable an end-user to directly interact with the object[,] while the object is being displayed" 16. a. "A computer program product . . . comprising a computer usable medium having computer readable program code physically embodied therein, said computer
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program product further comprising: computer readable program code for causing said client workstation to execute a browser application" b. "computer readable media encoded with software" 17. "pars[e/es/ed/ing]" 18. a. "identify[ing] an embed text format" b. "an embed text format . . . is identified" 19. "specifies the location of at least a portion of [an / said] object" III. CLAIM TERMS AND CLAIM ELEMENTS THAT SHOULD BE GOVERNED BY SECTION 112 PARAGRAPH 6 Defendants contend that the following terms, phrases, and clauses are governed by and should be addressed in accordance with 35 U.S.C. § 112, ¶ 6. 1. In independent claim 6 of the '906 patent: · computer readable program code for causing said client workstation to execute a browser application to parse a first distributed hypermedia document to identify text formats included in said distributed hypermedia document and to respond to predetermined text formats to initiate processes specified by said text formats; computer readable program code for causing said client workstation to utilize said browser 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, wherein 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, wherein 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, and wherein 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 and 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.

·

2. In dependent claim 7 of the '906 patent:
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wherein said executable application is a controllable application and further comprising: computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation via interprocess communications between said browser and said controllable application. computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation via inter-process communications between said browser and said controllable application.

·

3. In dependent claim 8 of the '906 patent: · 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.

4. In dependent claim 13 of the '906 patent: · wherein additional instructions for controlling said controllable application reside on said network server, wherein said computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation includes: computer readable program code for causing said client workstation to issue from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; and computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application. computer readable program code for causing said client workstation to issue from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application.

· · · ·

5. In dependent claim 14 of the '906 patent: · wherein said additional instructions for controlling said controllable application
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reside on said client workstation. 6. In independent claim 9 of the '906 patent: · computer readable program code for causing said client workstation to execute a browser application to parse a first distributed hypermedia document to identify text formats included in said distributed hypermedia document and to respond to predetermined text formats to initiate processes specified by said text formats; computer readable program code for causing said client workstation to utilize said browser 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, wherein 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, wherein 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, and wherein 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 and enable interactive processing of 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; wherein said executable application is a controllable application and further comprising: computer readable program code for causing said client workstation to interactively control said controllable application of said client workstation via inter-process communications between said browser and said controllable application; 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; and wherein additional instructions for controlling said controllable application reside on said network server, wherein said computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation includes: computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; and computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application. computer readable program code for causing said client workstation to interactively control said controllable application of said client workstation via inter-process communications between said browser and said controllable application;
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·

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wherein additional instructions for controlling said controllable application reside on said network server, wherein said computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation includes: computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; and computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application. computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application.

· · · ·

7. In independent claim 10 of the '906 patent: · computer readable program code for causing said client workstation to execute a browser application to parse a first distributed hypermedia document to identify text formats included in said distributed hypermedia document and to respond to predetermined text formats to initiate processes specified by said text formats; computer readable program code for causing said client workstation to utilize said browser 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, wherein 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, wherein 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, and wherein 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 and enable interactive processing of said object within a display area created at said first
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location within the portion of said first distributed hypermedia document being displayed in said first browser-controlled window; wherein said executable application is a controllable application and further comprising: computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation via inter-process communications between said browser and said controllable application; 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; wherein additional instructions for controlling said controllable application reside on said network server, wherein said computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation includes: computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; and computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application; and wherein said additional instructions for controlling said controllable application reside on said client workstation. · computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation via inter-process communications between said browser and said controllable application; wherein additional instructions for controlling said controllable application reside on said network server, wherein said computer readable program code for causing said client workstation to interactively control said controllable application on said client workstation includes: computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands; computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; and computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application; and wherein said additional instructions for controlling said controllable application reside on said client workstation. computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server; computer readable program code for causing said network server to execute one or more instructions in response to said commands;
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· ·

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computer readable program code for causing said network server to send information to said client workstation in response to said executed instructions; computer readable program code for causing said client workstation to process said information at the client workstation to interactively control said controllable application;

8. In independent claim 16 of the '985 patent: · software comprising computer executable instructions . . . and when the software is executed operable to: receive, at the client workstation from the network server over the network environment, at least one file containing information to enable a browser application to display at least a portion of a distributed hypermedia document within a browser-controlled window; cause the client workstation to utilize the browser to: respond to text formats to initiate processing specified by the text formats; display at least a portion of the document within the browser-controlled window; identify an embed text format corresponding to a first location in the document, the embed text format specifying the location of at least a portion of an object external to the file, with the object having type information associated with it; utilize the type information to identify and locate an executable application external to the file; and automatically invoke the executable application, in response to the identifying of the embed text format, to execute on the client workstation in order to display the object and enable an end-user to directly interact with the object while the object is being displayed within a display area created at the first location within the portion of the hypermedia document being displayed in the browser-controlled window.

9. In dependent claim 17 of the '985 patent: · claim 16 where: the information to enable comprises text formats.

10. In dependent claim 18 of the '985 patent: · claim 17 where: the text formats are HTML tags.

11. In dependent claim 19 of the '985 patent: · claim 16 where: the information contained in the file received comprises at least one embed text format. 12. In independent claim 20 of the '985 patent: · communicating via the network server with at least one client workstation over said network in order to cause said client workstation to: receive, over said network environment from said server, at least one file containing information to enable a browser application to display at least a portion of a distributed hypermedia document within a browser-controlled window; execute, at said client workstation, a browser application, with the browser application: responding to text formats to initiate
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processing specified by the text formats; displaying, on said client workstation, at least a portion of the document within the browser-controlled window; identifying an embed text format which corresponds to a first location in the document, where the embed text format specifies the location of at least a portion of an object external to the file, where the object has type information associated with it; utilizing the type information to identify and locate an executable application external to the file; and automatically invoking the executable application, in response to the identifying of the embed text format, to execute on the client workstation in order to display the object and enable an end-user to directly interact with the object while the object is being displayed within a display area created at the first location within the portion of the hypermedia document being displayed in the browser-controlled window. 13. In dependent claim 21 of the '985 patent: · The method of claim 20 where: the information to enable comprises text formats.

14. In dependent claim 22 of the '985 patent: · The method of claim 21 where: the text formats are HTML tags.

15. In dependent claim 23 of the '985 patent: · The method of claim 20 where: the information contained in the file received comprises at least one embed text format.

16. In independent claim 24 of the '985 patent: · A method for running an executable application in a computer network environment . . . the method comprising: enabling an end-user to directly interact with an object by utilizing said executable application to interactively process said object while the object is being displayed within a display area created at a first location within a portion of a hypermedia document being displayed in a browser-controlled window, wherein said network environment is a distributed hypermedia environment, wherein said client workstation receives, over said network environment from said server, at least one file containing information to enable said browser application to display, on said client workstation, at least said portion of said distributed hypermedia document within said browser-controlled window, wherein said executable application is external to said file, wherein said client workstation executes the browser application, with the browser application responding to text formats to initiate processing specified by the text formats, wherein at least said portion of the document is displayed within the browser-controlled window, wherein an embed text format which corresponds to said first location in the document is identified by the browser, wherein the embed text format specifies the location of at least a portion of said object external to the file, wherein the object has type information associated with it, wherein the type information is utilized by the browser to identify and locate said executable application, and wherein the executable application is automatically
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invoked by the browser, in response to the identifying of the embed text format. 17. In dependent claim 25 of the '985 patent: · The method of claim 24 where: the information to enable comprises text formats.

18. In dependent claim 26 of the '985 patent: · The method of claim 25 where: the text formats are HTML tags.

19. In dependent claim 27 of the '985 patent: · The method of claim 24 where: the information contained in the file received comprises at least one embed text format.

20. In independent claim 28 of the '985 patent: · software comprising an executable application . . . operable to: cause the client workstation to display an object and enable an end-user to directly interact with said object while the object is being displayed within a display area created at a first location within a portion of a hypermedia document being displayed in a browsercontrolled window, wherein said network environment is a distributed hypermedia environment, wherein said client workstation receives, over said network environment from said server, at least one file containing information to enable said browser application to display, on said client workstation, at least said portion of said distributed hypermedia document within said browser-controlled window, wherein said executable application is external to said file, wherein said client workstation executes said browser application, with the browser application responding to text formats to initiate processing specified by the text formats, wherein at least said portion of the document is displayed within the browser-controlled window, wherein an embed text format which corresponds to said first location in the document is identified by the browser, wherein the embed text format specifies the location of at least a portion of said object external to the file, wherein the object has type information associated with it, wherein the type information is utilized by the browser to identify and locate said executable application, and wherein the executable application is automatically invoked by the browser, in response to the identifying of the embed text format.

21. In dependent claim 29 of the '985 patent: · The method of claim 28 where: the information to enable comprises text formats.

22. In dependent claim 30 of the '985 patent: · The method of claim 29 where: the text formats are HTML tags.
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23. In dependent claim 31 of the '985 patent: · The method of claim 28 where: the information contained in the file received comprises at least one embed text format.

24. In independent claim 32 of the '985 patent: · communicating via a network server with at least one client workstation over said computer network environment in order to cause said client workstation to: receive at said client workstation, over said computer network environment from said server, at least one file containing information to enable a browser application to display, on said client workstation, at least a portion of a distributed hypermedia document within a browser-controlled window; utilize an executable application external to said file to enable an end-user to directly interact with an object while the object is being displayed within a display area created at a first location within the portion of the distributed hypermedia document being displayed in the browser-controlled window, with said network server coupled to said computer network environment, wherein said computer network environment has at least said client workstation and said network server coupled to the computer network environment, wherein said computer network environment is a distributed hypermedia environment, wherein said client workstation executes the browser application, with the browser application responding to text formats to initiate processing specified by the text formats, wherein at least said portion of the document is displayed within the browser-controlled window, wherein an embed text format which corresponds to said first location in the document is identified by the browser, wherein the embed text format specifies the location of at least a portion of said object external to the file, wherein the object has type information associated with it, wherein the type information is utilized by the browser to identify and locate said executable application, and wherein the executable application is automatically invoked by the browser, in response to the identifying of the embed text format.

25. In dependent claim 33 of the '985 patent: · The method of claim 32 where: the information to enable comprises text formats.

26. In dependent claim 34 of the '985 patent: · The method of claim 33 where: the text formats are HTML tags.

27. In dependent claim 35 of the '985 patent: · The method of claim 32 where: the information contained in the file received comprises at least one embed text format.

28. In independent claim 40 of the '985 patent:
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·

communicating via the network server with at least one remote client workstation over said computer network environment in order to cause said client workstation to: receive, over said computer network environment from the network server, at least one file containing information to enable a browser application to display at least a portion of a distributed hypermedia document within a browser-controlled window; execute, at said client workstation, a browser application, with the browser application: responding to text formats to initiate processing specified by the text formats; displaying, on said client workstation, at least a portion of the document within the browser-controlled window; identifying an embed text format which corresponds to a first location in the document, where the embed text format specifies the location of at least a portion of an object; identifying and locating an executable application associated with the object; and automatically invoking the executable application, in response to the identifying of the embed text format, in order to enable an end-user to directly interact with the object while the object is being displayed within a display area created at the first location within the portion of the hypermedia document being displayed in the browser-controlled window, wherein the executable application is part of a distributed application, and wherein at least a portion of the distributed application is for execution on the network server.

29. In dependent claim 41 of the '985 patent: · The method of claim 40 where: the information to enable comprises text formats.

30. In dependent claim 42 of the '985 patent: · The method of claim 41 where: the text formats are HTML tags.

31. In dependent claim 43 of the '985 patent: · The method of claim 40 where: the information contained in the file received comprises at least one embed text format.

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DATED: August 2, 2010

By: /s/ Jason W. Wolff
David J. Healey <[e-mail]> FISH & RICHARDSON P.C. 1 Houston Center 1221 McKinney Street, Suite 2800 Houston, TX 77010 Telephone: [phone] Facsimile: [phone]

OF COUNSEL:
Frank E. Scherkenbach <[e-mail]> FISH & RICHARDSON P.C. 225 Franklin Street Boston, MA 02110-2804 Telephone: [phone] Facsimile: [phone] Jason W. Wolff <[e-mail]> Joseph P. Reid (pro hac vice) <[e-mail]> FISH & RICHARDSON P.C. 12390 EI Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant Adobe Systems Inc.

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By: /s/ Joseph H. Lee Douglas Lumish (pro hac vice) <[e-mail]> Jared Bobrow (pro hac vice) <[e-mail]> Joseph H. Lee (pro hac vice) <[e-mail]> WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Christian J. Hurt (Bar No. 24059987) <[e-mail]> WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Amazon.com, Inc.

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By: /s/ Richard A. Cederoth David T. Pritikin (pro hac vice) <[e-mail]> Richard A. Cederoth (pro hac vice) <[e-mail]> Shubham Mukherjee (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP One South Dearborn Street Chicago, Illinois 60603 Telephone: [phone] Facsimile: [phone] Teague I. Donahey (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Theodore W. Chandler (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 Telephone: [phone] Facsimile: [phone] Duy D. Nguyen (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP 1801 Page Mill Road, Suite 110 Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Eric M. Albritton (Bar No. 00790215) <[e-mail]> ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Apple Inc.

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By: /s/ Scott Breedlove Scott Breedlove (Bar No. 00790361) <[e-mail]> VINSON & ELKINS LLP 2001 Ross Ave 3700 Trammell Crow Center Dallas, TX 75201-2975 Telephone: [phone] Facsimile: [phone] David Kent Wooten (Bar No. 24033477) <[e-mail]> VINSON & ELKINS LLP 2500 First City Tower 1001 Fannin Street Houston, TX 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Blockbuster Inc.

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By: /s/ Thomas L. Duston Thomas L. Duston (pro hac vice) <[e-mail]> Anthony S. Gabrielson (pro hac vice) <[e-mail]> Scott A. Sanderson (pro hac vice) <[e-mail]> MARSHALL, GERSTEIN & BORUN LLP 6300 Willis Tower 233 South Wacker Drive Chicago, IL 60606-6357 Telephone: [phone] Facsimile: [phone] Eric H. Findlay (Bar No. 00789886) <[e-mail]> Brian Craft (Bar No. 04972020) <[e-mail]> FINDLAY CRAFT, LLP 6760 Old Jacksonville Highway, Suite 101 Tyler, TX 75703 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant CDW LLC

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By: /s/ M. Scott Fuller Edwin R. DeYoung (Bar No. 05673000) <[e-mail]> Roy W. Hardin (Bar No. 08968300) <[e-mail]> Roger Brian Cowie (Bar No. 00783886) <[e-mail]> M. Scott Fuller (Bar No. 24036607) <[e-mail]> Galyn Gafford (Bar No. 24040938) <[e-mail]> LOCKE LORD BISSELL & LIDDELL LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201-6776 Telephone: [phone] Facsimile: [phone] Alexas D. Skucas (pro hac vice) <[e-mail]> KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone] Eric L. Sophir (pro hac vice) <[e-mail]> KING & SPALDING LLP 1700 Pennsylvania Ave. NW, Suite 200 Washington, D.C. 20006-4707 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Citigroup Inc.

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By: /s/ Joseph H. Lee Douglas Lumish (pro hac vice) <[e-mail]> Jared Bobrow (pro hac vice) <[e-mail]> Joseph H. Lee (pro hac vice) <[e-mail]> WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Christian J. Hurt (Bar No. 24059987) <[e-mail]> WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant eBay Inc.

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By: /s/ Jeffrey F. Yee Jeffrey K. Joyner (pro hac vice) <[e-mail]> Jeffrey F. Yee (pro hac vice) <[e-mail]> GREENBERG TRAURIG LLP 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: [phone] Facsimile: [phone] Christopher M. Joe (Bar No. 00787770) <[e-mail]> Brian Carpenter (Bar No. 03840600) <[e-mail]> Eric W. Buether (Bar No. 03316880) <[e-mail]> BUETHER JOE & CARPENTER, LLP 1700 Pacific, Suite 2390 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Frito-Lay, Inc.

By: /s/ Neil J. McNabnay Thomas M. Melsheimer (Bar No. 13922550) <[e-mail]> Neil J. McNabnay (Bar No. 24002583) <[e-mail]> J. Nicholas Bunch (Bar No. 24050352) <[e-mail]> FISH & RICHARDSON P.C. 1717 Main Street, Suite 5000 Dallas, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant The Go Daddy Group, Inc.

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By: /s/ Christopher C. Carnaval Scott T. Weingaertner (pro hac vice) <[e-mail]> Robert F. Perry (pro hac vice) <[e-mail]> Christopher C. Carnaval (pro hac vice) <[e-mail]> Mark H. Francis (pro hac vice) <[e-mail]> KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone] Michael E. Jones (Bar No. 10929400) <[e-mail]> Allen F. Gardner (Bar No. 24043679) <[e-mail]> POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Google Inc.

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By: /s/ Jeffrey F. Yee Jeffrey K. Joyner (pro hac vice) <[e-mail]> Jeffrey F. Yee (pro hac vice) <[e-mail]> GREENBERG TRAURIG LLP 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: [phone] Facsimile: [phone] Christopher M. Joe (Bar No. 00787770) <[e-mail]> Brian Carpenter (Bar No. 03840600) <[e-mail]> Eric W. Buether (Bar No. 03316880) <[e-mail]> BUETHER JOE & CARPENTER, LLP 1700 Pacific, Suite 2390 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant J.C. Penney Company, Inc.

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By: /s/ Joel M. Freed
Joel M. Freed (pro hac vice) <[e-mail]> Stephen K. Shahida <[e-mail]> MCDERMOTT WILL & EMERY LLP 600 13th Street, N.W. Washington, DC 20005-3096 Telephone: [phone] Facsimile: [phone] Trey Yarbrough (Bar No. 22133500) <[e-mail]> Debra Elaine Gunter (Bar No. 24012752) <[e-mail]> YARBROUGH WILCOX, PLLC 100 E. Ferguson Street Ste 1015 Tyler, TX 75702 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant and Counterclaimant JPMorgan Chase & Co.

By: /s/ Michael Simons Michael Simons (Bar No. 24008042) <[e-mail]> AKIN GUMP STRAUSS HAUER & FELD LLP 300 West 6th Street, Suite 2100 Austin, Texas 78701 Telephone: [phone] Facsimile: [phone] Attorney for Defendant New Frontier Media, Inc.

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By: /s/ Suzanne M. Wallman
Kenneth J. Jurek <[e-mail]> Suzanne M. Wallman <[e-mail]> Brett E. Bachtell <[e-mail]> MCDERMOTT WILL & EMERY LLP 227 West Monroe Street Chicago, Illinois 60606 Telephone: [phone] Facsimile: [phone] David M. Stein (Bar No. 00797494) <[e-mail]> MCDERMOTT WILL & EMERY LLP 18191 Von Karman Avenue, Suite 500 Irvine, California 92612-7108 Telephone: [phone] Facsimile: [phone] J. Thad Heartfield (Bar No. 09346800) <[e-mail]> THE HEARTFIELD LAW FIRM 2195 Dowlen Road Beaumont, Texas 77706 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant and Counterclaimant Office Depot, Inc.

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By: /s/ Douglas M. Kubehl Barton E. Showalter (Bar No. 00788408) <[e-mail]> Douglas M. Kubehl (Bar No. 00796909) <[e-mail]> David O. Taylor (Bar No. 24042010) <[e-mail]> BAKER BOTTS L.L.P. 2001 Ross Avenue Dallas, Texas 75201-2980 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Perot Systems Corp.

By: /s/ Gentry C. McLean David B. Weaver (Bar No. 00798576) <[e-mail]> Avelyn M. Ross (Bar No. 24027871) <[e-mail]> Gentry C. McLean (Bar No. 24046403) <[e-mail]> VINSON & ELKINS LLP 2801 Via Fortuna, Suite 100 Austin, Texas 78746-7568 Tel: [phone] Fax: [phone] Attorneys for Defendant Playboy Enterprises International, Inc.

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By: /s/ Jeffrey F. Yee Jeffrey K. Joyner (pro hac vice) <[e-mail]> Jeffrey F. Yee (pro hac vice) <[e-mail]> GREENBERG TRAURIG LLP 2450 Colorado Avenue, Suite 400E Santa Monica, California 90404 Telephone: [phone] Facsimile: [phone] Christopher M. Joe (Bar No. 00787770) <[e-mail]> Brian Carpenter (Bar No. 03840600) <[e-mail]> Eric W. Buether (Bar No. 03316880) <[e-mail]> BUETHER JOE & CARPENTER, LLP 1700 Pacific, Suite 2390 Dallas, Texas 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Rent-A-Center, Inc.

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By: /s/ Daniel V. Williams Mark G. Matuschak (pro hac vice) <[e-mail]> Donald R. Steinberg (pro hac vice) <[e-mail]> WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: [phone] Facsimile: [phone] Kate Hutchins (pro hac vice) <[e-mail]> WILMER CUTLER PICKERING HALE AND DORR LLP 399 Park Avenue New York, NY 10011 Telephone: [phone] Facsimile: [phone] Daniel V. Williams, (pro hac vice) <[e-mail]> WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue NW Washington, DC 20006 Telephone: [phone] Facsimile: [phone] Michael E. Richardson (Bar No. 24002838) <[e-mail]> BECK REDDEN & SECREST 1221 McKinney, Suite 4500 Houston, TX 77010 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Staples, Inc.

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By: /s/ Kathryn B. Riley Mark D. Fowler (pro hac vice) <[e-mail]> DLA PIPER US LLP 2000 University Avenue East Palo Alto, CA 94303-2215 Telephone: [phone] Facsimile: [phone] Kathryn B. Riley (pro hac vice) <[e-mail]> DLA PIPER US LLP 401 B Street, Suite 1700 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Eric H. Findlay (Bar No. 00789886) <[e-mail]> FINDLAY CRAFT, LLP 6760 Old Jacksonville Highway, Suite 101 Tyler, TX 75703 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Oracle America, Inc. (formerly known as Sun Microsystems, Inc.)

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By: /s/ Amanda A. Abraham
Carl R. Roth (Bar No. 17312000) <[e-mail]> Brendan C. Roth (Bar No. 24040132) <[e-mail]> Amanda A. Abraham (Bar No. 24055077) <[e-mail]> THE ROTH LAW FIRM, P.C. 115 N. Wellington, Suite 200 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant and Counterclaimant Texas Instruments Incorporated

By: /s/ Joseph H. Lee Douglas Lumish (pro hac vice) <[e-mail]> Jared Bobrow (pro hac vice) <[e-mail]> Joseph H. Lee (pro hac vice) <[e-mail]> WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Christian J. Hurt (Bar No. 24059987) <[e-mail]> WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Yahoo! Inc.

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By: /s/ Mark H. Francis Scott T. Weingaertner (pro hac vice) <[e-mail]> Robert F. Perry (pro hac vice) <[e-mail]> Christopher C. Carnaval (pro hac vice) <[e-mail]> Mark H. Francis (pro hac vice) <[e-mail]> KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036-4003 Telephone: [phone] Facsimile: [phone] Michael E. Jones (Bar No. 10929400) <[e-mail]> Allen F. Gardner (Bar No. 24043679) <[e-mail]> POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) P.O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant YouTube, LLC

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CERTIFICATE OF SERVICE I hereby certify that on the date and in the place shown below, I served Defendants' Proposed Terms and Claim Elements for Construction by email, addressed to: Josh Budwin, Esq. MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 <[e-mail]> I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 2, 2010, in San Francisco, California.

/s/ Teague I. Donahey Teague I. Donahey Attorney for one of the Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated, Plaintiff, § § § § § § § § § § § § § § § § § § § §

Civil Action No. 6:09-cv-446

vs. Adobe Systems Inc., Amazon.com, Inc., Apple Inc., Blockbuster Inc., CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, Inc., The Go Daddy Group, Inc., Google Inc., J.C. Penney Company, Inc., JPMorgan Chase & Co., New Frontier Media, Inc., Office Depot, Inc., Perot Systems Corp., Playboy Enterprises International, Inc., Rent-A-Center, Inc., Staples, Inc., Sun Microsystems Inc., Texas Instruments Inc., Yahoo! Inc., and YouTube, LLC Defendants.

JURY TRIAL

EOLAS' PROPOSED TERMS AND CLAIM ELEMENTS FOR CONSTRUCTION FOR UNITED STATES PATENT NOS. 5,838,906 AND 7,599,985 In compliance with Patent Rule 4-1 and the Court's Docket Control Order of April 9, 2010 (Dkt. 249) Plaintiff Eolas Technologies Inc. believes that the following claim terms and phrases should be construed by the Court during the claim construction process for United States Patent Nos. 5,838,906 ("'906 patent") and 7,599,985 ("'985 patent"). Eolas submits its list of Proposed Terms and Claim Elements for Construction for the '906 and '985 patents to Defendants Adobe Systems Incorporated; Amazon.com, Inc.; Apple, Inc.; Blockbuster Inc.; CDW Corporation; Citigroup Inc.; eBay, Inc.; Frito-Lay, Inc.; Google Inc.; J.C. Penney Company, Inc.; JPMorgan Chase & Co.; New Frontier Media, Inc.; Office Depot, Inc.; Oracle America, Inc. f/k/a Sun Microsystems, Inc.; Perot Systems Corp.; Playboy Enterprises

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International, Inc.; Rent-A-Center, Inc.; Staples, Inc.; Texas Instruments, Inc.; The Go Daddy Group, Inc.; Yahoo! Inc.; and YouTube, LLC. Eolas expressly reserves the right to modify the list of terms and the proposed constructions as claim construction proceeds. I. United States Patent No. 5,838,906 For the '906 patent, Eolas respectfully submits the following terms and claim elements for construction: 1. 2. 3. "executable application;" "utilized by said browser to identify and locate;" and "object"

II. United States Patent No. 7,599,985 For the '985 patent, Eolas respectfully submits the following terms and claim elements for construction: 1. 2. 3. "executable application;" "utilized by the browser to identify and locate;" and "object"

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Dated: August 2, 2010.

MCKOOL SMITH, P.C. /s/ Mike McKool Mike McKool Lead Attorney Texas State Bar No. 13732100 [e-mail] Douglas Cawley Texas State Bar No. 04035500 [e-mail] Luke McLeroy Texas State Bar No. 24041455 [e-mail] MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Sam F. Baxter Texas State Bar No. 01938000 [e-mail] MCKOOL SMITH, P.C. 104 E. Houston St., Ste. 300 P.O. Box O Marshall, Texas 75670 Telephone: [phone] Telecopier: [phone] Kevin L. Burgess Texas State Bar No. 24006927 [e-mail] Steven J. Pollinger Texas State Bar No. 24011919 [e-mail] Josh W. Budwin Texas State Bar No. 24050347 [e-mail] MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF EOLAS TECHNOLOGIES, INC.

CERTIFICATE OF SERVICE
The undersigned certifies that true and correct copies of the foregoing document were served via email to all counsel of record.

/s/ Josh Budwin Josh Budwin