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. 3

Exhibit 2

Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ) ) ) Plaintiff, ) ) 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. ) ) ) ) Amazon.com, Inc.; Apple Inc.; Blockbuster ) Inc.; CDW LLC; eBay Inc.; Frito-Lay, Inc.; The ) Go Daddy Group, Inc.; J.C. Penney Company, ) Inc.; JPMorgan Chase & Co.; Office Depot, ) Inc.; Perot Systems Corp.; Rent-A-Center, Inc.; ) Oracle America, Inc. f/k/a Sun Microsystems, ) Inc.; Texas Instruments Inc.; and Yahoo! Inc., ) ) Counterclaimants, ) ) vs. ) ) Eolas Technologies Incorporated, ) ) Counterdefendant. ) ) ) Eolas Technologies Incorporated,

No. 6:09-cv-00446-LED (filed Oct. 6, 2009)

DEFENDANTS' P.R. 4-2 DISCLOSURE OF PROPOSED CLAIM CONSTRUCTIONS AND EXTRINSIC EVIDENCE

I.

INTRODUCTION In accordance with the Court's Docket Control Order (see Docket No. 249) and Patent

Rule 4-2, Defendants in the above-captioned case submit the following preliminary claim constructions for claims in U.S. Patent No. 7,599,985 (the '985 patent) and the C2 Reexamination Certificate of U.S. Patent No. 5,838,906 (the '906 patent) (collectively, the "patents-in-suit"). Unless otherwise indicated, the construction of a particular term or phrase appearing in Part II below should apply to all other instances of that term or phrase within the claims of the patents-in-suit that are not subject to § 112, ¶ 6. Claim terms and phrases not expressly defined below should be accorded their plain meaning to persons of ordinary skill in the art. In addition, where relevant, Defendants provide a preliminary identification of extrinsic evidence that supports their proposed claim constructions. Extrinsic evidence that has already been produced is identified by Bates number. Other extrinsic evidence, including dictionaries and website printings, is being produced bearing the Bates range [PA-00333294] ­ [PA0000333443]. Defendants reserve the right to also rely on intrinsic evidence (e.g., evidence cited in the patent or during prosecution of the patents-in-suit) in support of their proposed constructions, even if that intrinsic evidence is not identified below. Lastly, for each term or phrase which Defendants contend is governed by 35 U.S.C. § 112 ¶ 6, Defendants provide in Part III below a preliminary identification of the structure(s), act(s), or material(s) corresponding to that term or phrase. 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 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. The fact that Defendants have proposed corresponding structure(s), act(s), or material(s) should not be understood to mean that the Defendants agree that the requirements set forth in 35 U.S.C. § 112 ¶ 1 or § 112 ¶ 2 have been met. The claim constructions and extrinsic evidence identified in this document are preliminary. Defendants reserve the right to supplement or amend their preliminary claim -1-

constructions and/or identification of extrinsic evidence if necessary, including in light of and in order to rebut Plaintiff's preliminary constructions. Defendants additionally reserve the right to identify expert testimony in rebuttal to Plaintiffs preliminary constructions and/or identification of extrinsic evidence. In addition, to the extent Plaintiff is asserting infringement of any claim of the '906 patent based on conduct before the February 3, 2009, issuance of the C2 Reexamination of the '906 patent, Defendants contend that the Court should compare the scope of the claims as set forth 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 (i.e., "intervening rights"). Furthermore, Defendants' discovery and investigation in connection with this lawsuit are continuing, and this submission is based only on information obtained to date. Defendants reserve the right to supplement or amend their contentions as further evidence is discovered during the course of discovery. By way of example, Plaintiff has failed to produce certified prosecution histories for the patents-in-suit, or has apparently failed to provide complete prosecution histories for the patents-in-suit and/or the non-public prosecutions of applications belonging to the same patent family. When produced, these materials may be highly relevant to issues of claim construction. Finally, Plaintiff apparently intends to supplement or attempt to supplement infringement contentions as to at least some of the Defendants, either directly or in response to interrogatories. Defendants expressly reserve the right to supplement the constructions and/or identification of extrinsic evidence identified below, or take positions on additional terms that may need to be construed, in the event that Plaintiff supplements any of its infringement contentions, either directly or in response to interrogatories. II. PROPOSED CONSTRUCTIONS Claim Term(s) · type information . . . utilized by said browser to identify and locate [an / said] executable application · with the browser application: ... utilizing the type information to identify and locate an executable application Defendants' Preliminary Disclosure Defendants' Preliminary Proposed Construction: a browser software process, not an operating system or other software process, uses the type information to determine the name and address of the executable application to automatically invoke Defendants' Preliminary Identification of Extrinsic -2-

Claim Term(s) · utilize the browser to: ... utilize the type information to identify and locate an executable application external to the file · type information is utilized by the browser to identify and locate said executable application Evidence:

Defendants' Preliminary Disclosure · Plaintiff Eolas' Response in Opposition to Adobe System Incorporated's Opposed Motion Requesting Case Management Conference to Address Plaintiff Eolas's Infringement Contentions (Docket No. 375), at n. 6. · Webster's Third New International Dictionary 2525 (1993) ("utilize") · 21st Century Dictionary of Computer Terms 176 (1994) ("identifier") · 21st Century Dictionary of Computer Terms 211 (1994) ("location") · Academic Press Dictionary of Science and Technology 1081 (1992) ("identifier") · Academic Press Dictionary of Science and Technology 1262 (1992) ("location")

· with the browser application: ... identifying and locating an executable application · executable application ... is identified and located by the browser

Defendants' Preliminary Proposed Construction: a browser software process, not an operating system or other software process, determines the name and address of the executable application to automatically invoke Defendants' Preliminary Identification of Extrinsic Evidence: See extrinsic evidence directly above. Defendants' Preliminary Proposed Construction: 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 Defendants' Preliminary Identification of Extrinsic Evidence: · Que's Computer Programmer's Dictionary 225 (1993) ("invoke") · 21st Century Dictionary of Computer Terms 21 (1994) ("automatic") · 21st Century Dictionary of Computer Terms 191 (1994) ("invoke") · McGraw-Hill Dictionary of Scientific and Technical -3-

· automatically [invoking / invoke] [the / said] executable application · executable application is automatically invoked by the browser

Claim Term(s)

Defendants' Preliminary Disclosure Terms 158 (5th ed. 1994) ("automatic") · Microsoft Press Computer Dictionary 222 (2d ed. 1994) ("invoke") · Testimony by inventor Michael Doyle from the Eolas v. Microsoft case, including without limitation: Doyle cross, Trial Tr., Eolas Techs Inc. v. Microsoft Corp., No. 99-C626 (N.D. Ill. 2003) (EOLASTX-E-0000000644), at 459:12­460:1 (July 10, 2003); Michael Doyle Dep., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. February 28-March 1, 2000) (Eolastx-E-0000000180), at 109:10­110:10; Michael Doyle Dep., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. February 28March 1, 2000) (Eolastx-E-0000000181), at 345:12­ 346:10; Michael Doyle Dep., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. February 28March 1, 2000) (Eolastx-E-0000000182), at 570:21­ 571:9. · Testimony by inventor Cheong Ang from the Eolas v. Microsoft case, including without limitation Cheong Ang Dep., Eolas Techs Inc. v. Microsoft Corp., No. C-99-0212 (N.D. Ca. January 21-22, 2000) (Eolastx-E-0000000177), at 232:25­233:9. · Testimony by inventor David Martin from the Eolas v. Microsoft case, including without limitation David Martin Dep., Eolas Techs Inc. v. Microsoft Corp., No. C-99-0212 (N.D. Ca. January 20-21, 2000) (Eolastx-E-0000000174), at 193:9­194:1. Defendants' Preliminary Proposed Construction: 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 Defendants' Preliminary Identification of Extrinsic Evidence: · Microsoft Press Computer Dictionary 418-19 (2d ed. 1994) ("workstation") · 21st Century Dictionary of Computer Terms 380-81 (1994) ("workstation") · Silicon Graphics, Inc., Annual Report, Securities and Exchange Commission, Fiscal Year ended June 30, 1994 ("Form 10-K") (available at -4-

workstation

Claim Term(s)

Defendants' Preliminary Disclosure <http://www.sec.gov/Archives/edgar/data/802301/000091 2057-94-003243.txt>, last visited Sept. 16, 2010) (included in production dated September 17, 2010.) Defendants' Preliminary Proposed Construction: the computer(s) running software that process commands to locate and retrieve documents or files from storage, and then transfer a copy to a client workstation, and which are capable of executing applications responsive to requests from the client workstation Defendants' Preliminary Identification of Extrinsic Evidence: · Microsoft Press Computer Dictionary 75 (2d ed. 1994) ("client/server architecture") · Microsoft Press Computer Dictionary 268 (2d ed. 1994) ("network") · Microsoft Press Computer Dictionary 269 (2d ed. 1994) ("network server") · Microsoft Press Computer Dictionary 355 (2d ed. 1994) ("server")

network server

executable application

Defendants' Preliminary Proposed Construction: 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 Defendants' Preliminary Identification of Extrinsic Evidence: · Barron's Dictionary of Computer Terms 119 (2d ed. 1989) ("execute") · Barron's Dictionary of Computer Terms 202 (2d ed. 1989) ("module") · 21st Century Dictionary of Computer Terms 13 (1994) ("application program") · 21st Century Dictionary of Computer Terms 130 (1994) ("executable file") · Microsoft Press Computer Dictionary 23­24 (2d ed. 1994) ("application")

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Claim Term(s)

Defendants' Preliminary Disclosure · Microsoft Press Computer Dictionary 90 (2d ed. 1994) ("computer program") · Microsoft Press Computer Dictionary 137­38 (2d ed. 1994) ("dynamic link library") · Microsoft Press Computer Dictionary 153 (2d ed. 1994) ("executable program") · Microsoft Press Computer Dictionary 236 (2d ed. 1994) ("library") · Microsoft Press Computer Dictionary 319 (2d ed. 1994) ("program") · Testimony by inventor Michael Doyle from the Eolas v. Microsoft case, including without limitation: Doyle direct, Trial Tr., Eolas Techs Inc. v. Microsoft Corp., No. 99-C626 (N.D. Ill. 2003) (EOLASTX-E-0000000644), at 303:15­306:14 (July 9, 2003); Doyle cross, Trial Tr., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. 2003) (EOLASTX-E-0000000644), at 477:20-478:4 (July 10, 2003); Doyle redirect, Trial Tr., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. 2003) (EOLASTX-E-0000000644), at 537:1­:10 (July 10, 2003). · Testimony by inventor David Martin from the Eolas v. Microsoft case, including without limitation Martin direct, Trial Tr., Eolas Techs Inc. v. Microsoft Corp., No. 99-C626 (N.D. Ill. 2003) (EOLASTX-E-0000000644), at 20:18­21:131 (July 10, 2003).

object

Defendants' Preliminary Proposed Construction: 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 Defendants' Preliminary Identification of Extrinsic Evidence: · Remarks by inventor Michael Doyle on the www-vrml forum from approximately the August 1994 time frame concerning the meaning of this term and the scope of the alleged invention, including without limitation the following: http://1997.webhistory.org/www.lists/wwwvrml.1994/0480.html,

1

In other versions of this transcript the testimony appears on pages 574:18­575:13.

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Claim Term(s)

Defendants' Preliminary Disclosure http://1997.webhistory.org/www.lists/wwwvrml.1994/0483.html, and http://1997.webhistory.org/www.lists/wwwvrml.1994/0486.html (last visited September 16, 2010) (included in production dated September 17, 2010.) · Testimony by inventor Michael Doyle from the Eolas v. Microsoft case, including without limitation Trial Tr., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. 2003) (EOLASTX-E-0000000644), at 282:6­283:17 (July 9, 2003). Defendants' Preliminary Proposed Construction: A value needed by the browser to determine which executable application to launch for a given object. The value can specify either a particular application or data type, or both Defendants' Preliminary Identification of Extrinsic Evidence: None

type information

object [has / having] type information associated with it

Defendants' Preliminary Proposed Construction: the object has been connected to the type information

Defendants' Preliminary Identification of Extrinsic Evidence: · Microsoft Press Computer Dictionary 28 (2d ed. 1994) ("associate") enable interactive processing of said See proposed construction and extrinsic evidence below for the longer phrase "said executable application . . . to object display said object and enable interactive processing of said object" [enable / enabling] an end-user to directly interact with [said / the / an] object See proposed construction and extrinsic evidence below for the longer phrase "said executable application . . . to display said object and enable an end-user to directly interact with said object" Defendants' Preliminary Proposed Construction: a static document stored on a file system

file

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Claim Term(s)

Defendants' Preliminary Disclosure Defendants' Preliminary Identification of Extrinsic Evidence: · Barrons Dictionary of Computer Terms 106, 126 (2d ed. 1989) ("document"; "file") · Academic Press Dictionary of Science and Technology 826 (1992) ("file") · 21st Century Dictionary of Computer Terms 138 (1994) ("file")

· [first] hypermedia document · [first] distributed hypermedia document · 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 text format

Defendants' Preliminary Proposed Construction: a document received by the browser that includes links (specified by the hypertext format) to graphics, sound, video or other media Defendants' Preliminary Identification of Extrinsic Evidence: None.

Defendants' Preliminary Proposed Construction: a predefined set of tags or symbols that specify the formatting of a document Defendants' Preliminary Identification of Extrinsic Evidence: None

embed text format

Defendants' Preliminary Proposed Construction: a tag that specifies the object to be embedded at the location of the tag Defendants' Preliminary Identification of Extrinsic Evidence: None.

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

Defendants' Preliminary Proposed Construction: embed text format located at the place in the received document where the embedded object will appear within the displayed document Defendants' Preliminary Identification of Extrinsic Evidence: · Testimony by inventor Michael Doyle from the Eolas v. Microsoft case, including without limitation: Michael -8-

Claim Term(s)

Defendants' Preliminary Disclosure Doyle Dep., Eolas Techs Inc. v. Microsoft Corp., No. 99C-626 (N.D. Ill. February 28-March 1, 2000) (Eolastx-E0000000180), at 116:14­118:11; Michael Doyle Dep., Eolas Techs Inc. v. Microsoft Corp., No. 99-C-626 (N.D. Ill. February 28-March 1, 2000) (Eolastx-E-0000000182), at 558:15­560:7. · Testimony by inventor David Martin from the Eolas v. Microsoft case, including without limitation David Martin Dep., Eolas Techs Inc. v. Microsoft Corp., No. C-99-0212 (N.D. Ca. January 20-21, 2000) (Eolastx-E-0000000174), at 151:4­153:10; 164:10­166:4. · Testimony by inventor Cheong Ang from the Eolas v. Microsoft case, including without limitation Cheong Ang Dep., Eolas Techs Inc. v. Microsoft Corp., No. C-99-0212 (N.D. Ca. January 21-22, 2000) (Eolastx-E-0000000177), at 241:22­242:1; 243:1­12. Defendants' Preliminary Proposed Construction: embed text format located at the place in the received file where the embedded object will appear within the displayed document Defendants' Preliminary Identification of Extrinsic Evidence: See extrinsic evidence directly above.

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

interactively control[ling]

Defendants' Preliminary Proposed Construction: a continuing exchange between a user and the controllable application through which the user causes the controllable application to alter the displayed object Defendants' Preliminary Identification of Extrinsic Evidence: · Barron's Dictionary of Computer Terms 165­66 (2d ed. 1989) ("interactive system") · Microsoft Press Computer Dictionary 217­18 (2d ed. 1994) ("interactive," "interactive processing," "interactive program," "interactive session")

distributed application

Defendants' Preliminary Proposed Construction: application external to the browser, where application tasks that could be performed on a single computer are -9-

Claim Term(s)

Defendants' Preliminary Disclosure 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 Defendants' Preliminary Identification of Extrinsic Evidence: · 21st Century Dictionary of Computer Terms 112 (1994) ("distributed processing") · Que's Computer Programmer's Dictionary 137 (1993) ("distributed processing")

· display [said / the] object · object is being displayed

Defendants' Preliminary Proposed Construction: visually present the contents of the object, not the result of running a program within the object or executing code within the object Defendants' Preliminary Identification of Extrinsic Evidence: See extrinsic evidence identified in this document for the claim term "object." · McGraw-Hill Dictionary of Scientific and Technical Terms 593 (5th ed. 1994) ("display") · Academic Press Dictionary of Science and Technology 660 (1992) ("display")

· said executable application . . . to display said object and enable interactive processing of said object

Defendants' Preliminary Proposed Construction: the executable application changes the structure or presentation of the object, either with or without direct input from an end-user, while the executable application displays the object to the end-user Defendants' Preliminary Identification of Extrinsic Evidence: · Webster's Third New International Dictionary 654 (1993) ("display") · Webster's Third New International Dictionary 1808 (1993) ("process")

· said executable application . . . to display said object and enable an end-user to directly interact with said object

Defendants' Preliminary Proposed Construction: the executable application allows an end-user to control the structure or presentation of the object through direct input received by the executable application from the end-10-

Defendants' Preliminary Disclosure user while the executable application displays the object to · the executable application . . . to the end-user and, without any intervening step or process, display the object and enable an end-user to directly interact with the changes the structure or presentation of the object in direct response to the end-user's input object · 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 · 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 · [an / the] executable application . . . to enable an end-user to directly interact with [an / the] object[,] while the object is being displayed A computer program product . . . comprising a computer usable medium having computer readable program code physically embodied therein, said computer program product further comprising: computer readable program code for causing said client workstation to execute a browser application Defendants' Preliminary Identification of Extrinsic Evidence: · Webster's Third New International Dictionary 641 (1993) ("directly") · Webster's Third New International Dictionary 654 (1993) ("display") · Webster's Third New International Dictionary 745 (1993) ("enable") · Webster's Third New International Dictionary 1808 (1993) ("process")

Claim Term(s)

Defendants' Preliminary Proposed Construction: a physical item that is commercially available and includes the computer code necessary to run a browser application on a client workstation Defendants' Preliminary Identification of Extrinsic Evidence: · Microsoft Press Computer Dictionary 90 (2d ed. 1994) ("computer program"; "computer-readable") · Microsoft Press Computer Dictionary 252 (2d ed. 1994) ("media") · Microsoft Press Computer Dictionary 318 (2d ed. 1994) ("product") Defendants' Preliminary Proposed Construction: a physical item that includes the computer code necessary to run a browser application on a client workstation Defendants' Preliminary Identification of Extrinsic Evidence: · Microsoft Press Computer Dictionary 90 (2d ed. 1994) ("computer-readable") -11-

computer readable media encoded with software

Claim Term(s)

Defendants' Preliminary Disclosure · Microsoft Press Computer Dictionary 252 (2d ed. 1994) ("media")

pars[e/es/ed/ing]

Defendants' Preliminary Proposed Construction: decomposing a string of text using a grammar and categorizing its components Defendants' Preliminary Identification of Extrinsic Evidence: · Que's Computer Programmer's Dictionary 302 (1993) ("parse") · Barron's Dictionary of Computer Terms 230 (2d ed. 1989) ("parsing")

· identify[ing] an embed text format · an embed text format . . . is identified

Defendants' Preliminary Proposed Construction: detecting an embed text format during parsing of a hypermedia document Defendants' Preliminary Identification of Extrinsic Evidence: See extrinsic evidence identified for "pars[e/es/ed/ing]."

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

Defendants' Preliminary Proposed Construction: designates the address for some or all of an external object Defendants' Preliminary Identification of Extrinsic Evidence: · 21st Century Dictionary of Computer Terms 211 (1994) ("location") · Academic Press Dictionary of Science and Technology 1262 (1992) ("location")

III.

PROPOSED CORRESPONDING STRUCTURE(S)/ACT(S) FOR § 112, ¶ 6 Corresponding structure(s) or act(s) '906 Claim 6 computer readable program code for The recited function includes the entire causing said client workstation to phrase that appears after "computer readable execute a browser application to parse a program code for causing said client first distributed hypermedia document to workstation to". identify text formats included in said distributed hypermedia document and to The corresponding structure includes at least -12-

respond to predetermined text formats to the following: initiate processes specified by said text · NCSA Mosaic version 2.4 for X-Windows formats; with the modifications to the source code shown in Appendix A. Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). computer readable program code for The recited function includes the entire causing said client workstation to utilize phrase that appears after "computer readable said browser to display, on said client program code for causing said client workstation, at least a portion of a first workstation to". hypermedia document received over said network from said server, The corresponding structure includes at least the following: wherein the portion of said first · NCSA Mosaic version 2.4 for X-Windows hypermedia document is displayed with the modifications to the source code within a first browser-controlled shown in Appendix A and Appendix B. Some window on said client workstation, of the modifications to the source code in wherein said first distributed Appendix A are also described in Figure 7A hypermedia document includes an (flowchart for "HTMLparse" routine in the embed text format, located at a first modified version of HTMLparse.c), Figure 7B location in said first distributed (flowchart for routines in the modified version hypermedia document, that specifies the location of at least a portion of an of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified object external to the first distributed version of HTMLwidget.c). hypermedia document, · hypermedia document (212) with the wherein said object has type information following HTML tag at a "first location" in the associated with it utilized by said document: <EMBED TYPE = "application/xbrowser to identify and locate an executable application external to the vis" HREF = [URL address for data object (216)] WIDTH = [width of window to display first distributed hypermedia the object] HEIGHT = [height of window to document, and display the object]> wherein said embed text format is · data object (216) parsed by said browser to automatically invoke said executable There is no corresponding structure for at application to execute on said client least the following: workstation in order to display said · "executable application . . . to display said object and enable an end-user to object and enable an end-user to directly directly interact with said object interact with said object within a display area within a display area created at said first location within the portion of said created at said first location within the portion first distributed hypermedia document of said first distributed hypermedia document being displayed in said first browser- being displayed in said first browser-controlled window" controlled window. -13-

'906 Claim 7 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.

Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "computer readable program code for causing said client workstation to". The corresponding structure includes at least the following: · NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B There is no corresponding structure for at least the following: · "interactively control said controllable application" The recited function includes the entire phrase that appears after "computer readable program code for causing said client workstation to". The corresponding structure includes at least the following: · NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B There is no corresponding structure for at least the following: · "interactively control said controllable application" Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "wherein". The corresponding structure includes at least the following: · NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B There is no corresponding structure for at least the following: · "interactively control said controllable application" The corresponding acts include at least the following:

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.

'906 Claim 8 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.

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'906 Claim 13 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 There is no corresponding structure. 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 The recited function includes the entire said client workstation to issue from the phrase that appears after "computer readable client workstation, one or more commands program code for causing said client to the network server; workstation to".

· calling each of the following functions that appear in Appendix B one or more times after the "controllable application program" has been launched: send_client_msg and handle client msg Corresponding structure(s) or act(s) The recited function includes "controlling said controllable application" and each phrase that appears after the clauses "computer readable program code for causing said client workstation to" and "computer readable program code for causing said network server to".

There is no corresponding structure. computer readable program code for causing The recited function includes the entire said network server to execute one or more phrase that appears after "computer readable instructions in response to said commands; program code for causing said network server to". There is no corresponding structure. The recited function includes the entire phrase that appears after "computer readable program code for causing said network server to". There is no corresponding structure. -15-

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. '906 Claim 14 wherein said additional instructions for controlling said controllable application reside on said client workstation.

The recited function includes the entire phrase that appears after "computer readable program code for causing said client workstation to". There is no corresponding structure. Corresponding structure(s) or act(s) The recited function includes "controlling said controllable application".

There is no corresponding structure. '906 Claim 9 Corresponding structure(s) or act(s) computer readable program code for The text to the left also appears in claim 6, causing said client workstation to and thus the function and corresponding execute a browser application to parse a structure(s) or act(s) for the text to the left are first distributed hypermedia document to the same as described above with respect to identify text formats included in said claim 6. See above. distributed hypermedia document and to respond to predetermined text formats to initiate processes specified by said text formats; computer readable program code for The text to the left also appears in the causing said client workstation to utilize combined text of claims 6, 7, 8, and 13 -- with said browser to display, on said client one exception described below -- and thus the workstation, at least a portion of a first function and corresponding structure(s) or hypermedia document received over act(s) for the text to the left are the same as said network from said server, described above with respect to claims 6, 7, 8, and 13, with one exception described below. wherein the portion of said first hypermedia document is displayed The one exception is the following: The text within a first browser-controlled to the left includes the phrase "enable window on said client workstation, interactive processing of said object" while the wherein said first distributed text in claim 6 includes the phrase "enable an hypermedia document includes an end-user to directly interact with said object". embed text format, located at a first location in said first distributed Thus, whereas in claim 6 there is no hypermedia document, that specifies the location of at least a portion of an corresponding structure for "executable application . . . to display said object and object external to the first distributed enable an end-user to directly interact with said hypermedia document, wherein said object has type information object within a display area created at said first location within the portion of said first associated with it utilized by said distributed hypermedia document being browser to identify and locate an executable application external to the displayed in said first browser-controlled window", in claim 9 there is no corresponding first distributed hypermedia structure for "executable application . . . to document, and display said object and enable interactive wherein said embed text format is processing of said object within a display area parsed by said browser to -16-

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 browsercontrolled 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

created at said first location within the portion of said first distributed hypermedia document being displayed in said first browser-controlled window". Otherwise, the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claims 6, 7, 8, and 13.

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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; 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. The text to the left also appears in claim 7, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 7. See above.

The text to the left also appears in claim 8, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 8. See above.

The text to the left also appears in claim 13, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 13. See above.

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computer readable program code for causing said client workstation to issue, from the client workstation, one or more commands to the network server;

The text to the left also appears in claim 13, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 13. See above. computer readable program code for The text to the left also appears in claim 13, causing said network server to execute and thus the function and corresponding one or more instructions in response to structure(s) or act(s) for the text to the left are said commands; the same as described above with respect to claim 13. See above. computer readable program code for The text to the left also appears in claim 13, causing said network server to send and thus the function and corresponding information to said client workstation in structure(s) or act(s) for the text to the left are response to said executed instructions; the same as described above with respect to and claim 13. See above. computer readable program code for The text to the left also appears in claim 13, causing said client workstation to and thus the function and corresponding process said information at the client structure(s) or act(s) for the text to the left are workstation to interactively control said the same as described above with respect to controllable application. claim 13. See above. '906 Claim 10 Corresponding structure(s) or act(s) computer readable program code for The text to the left also appears in claim 6, causing said client workstation to and thus the function and corresponding execute a browser application to parse a structure(s) or act(s) for the text to the left are first distributed hypermedia document to the same as described above with respect to identify text formats included in said claim 6. See above. distributed hypermedia document and to respond to predetermined text formats to initiate processes specified by said text formats; computer readable program code for The text to the left also appears in the causing said client workstation to utilize combined text of claims 6, 7, 8, 13, and 14 -- said browser to display, on said client with one exception described below -- and workstation, at least a portion of a first thus the function and corresponding hypermedia document received over structure(s) or act(s) for the text to the left are said network from said server, the same as described above with respect to claims 6, 7, 8, 13, and 14, with one exception wherein the portion of said first described below. hypermedia document is displayed within a first browser-controlled The one exception is the following: The text window on said client workstation, to the left includes the phrase "enable wherein said first distributed interactive processing of said object" while the hypermedia document includes an text in claim 6 includes the phrase "enable an embed text format, located at a first end-user to directly interact with said object". location in said first distributed hypermedia document, that specifies Thus, whereas in claim 6 there is no the location of at least a portion of an -19-

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 browsercontrolled 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

corresponding structure for "executable application . . . 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", in claim 9 there is no corresponding structure for "executable application . . . 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". Otherwise, the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claims 6, 7, 8, 13, and 14.

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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 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. 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 The text to the left also appears in claim 7, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 7. See above.

The text to the left also appears in claim 8, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 8. See above.

The text to the left also appears in claims 13 and 14, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claims 13 and 14. See above.

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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; 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. The text to the left also appears in claim 13, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 13. See above. The text to the left also appears in claim 13, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 13. See above. The text to the left also appears in claim 13, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 13. See above. The text to the left also appears in claim 13, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 13. See above. The text to the left also appears in claim 14, and thus the function and corresponding structure(s) or act(s) for the text to the left are the same as described above with respect to claim 14. See above. Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "software comprising computer executable instructions . . . and when -22-

'985 Claim 16 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. '985 Claim 17 claim 16 where: the information to enable comprises text formats. '985 Claim 18 claim 17 where: the text formats are HTML tags. '985 Claim 19 claim 16 where: the information contained in the file received comprises at least one embed text format. '985 Claim 20 communicating via the network server with

the software is executed operable to". The corresponding structure includes at least the following: · NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B. Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · data object (216) There is no corresponding structure for at least the following: · "executable application . . . 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"

Corresponding structure(s) or act(s) Same as for claim 16. Corresponding structure(s) or act(s) Same as for claim 17. Corresponding structure(s) or act(s) Same as for claim 16.

Corresponding structure(s) or act(s) The recited function includes the entire

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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 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 browsercontrolled window.

phrase that appears after "in order to cause said client workstation to". The corresponding acts includes at least the following: · the client workstation launches NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B (hereinafter the "browser application"). Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · the browser application retrieves over the network from the network server the hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · the browser application performs the steps in Figure 7A (e.g., parsing the hypermedia document to identify the <EMBED> tag · the browser application performs the steps in Figure 7B (e.g., initialize the drawing area) · the browser application performs the steps in Figure 8A to identify and locate an executable application using the information TYPE = "application/x-vis" found in the <EMBED> tag There is no corresponding act for at least the following: · "the browser application . . . automatically invoking the executable application . . . 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"

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'985 Claim 21 The method of claim 20 where: the information to enable comprises text formats. '985 Claim 22 The method of claim 21 where: the text formats are HTML tags. '985 Claim 23 The method of claim 20 where: the information contained in the file received comprises at least one embed text format. '985 Claim 24 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 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 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

Corresponding structure(s) or act(s) Same as for claim 20. Corresponding structure(s) or act(s) Same as for claim 21. Corresponding structure(s) or act(s) Same as for claim 20.

Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "the method comprising:". The corresponding acts includes at least the following: · the client workstation launches NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B (hereinafter the "browser application"). Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · the browser application retrieves over the network from the network server the hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · the browser application performs the steps in Figure 7A (e.g., parsing the hypermedia document to identify the <EMBED> tag · the browser application performs the steps in Figure 7B (e.g., initialize the drawing area) · the browser application performs the steps in Figure 8A to identify and locate an executable application using the information

-25-

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. '985 Claim 25 25. The method of claim 24 where: the information to enable comprises text formats. '985 Claim 26 26. The method of claim 25 where: the text formats are HTML tags. '985 Claim 27 27. The method of claim 24 where: the information contained in the file received comprises at least one embed text format. '985 Claim 28 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 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 said browser application, with the browser application responding to text

TYPE = "application/x-vis" found in the <EMBED> tag There is no corresponding act for at least the following: · "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" Corresponding structure(s) or act(s) Same as for claim 24. Corresponding structure(s) or act(s) Same as for claim 25. Corresponding structure(s) or act(s) Same as for claim 24.

Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "software comprising an executable application . . . operable to". The corresponding structure includes at least the following: · NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B. Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]>

-26-

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. '985 Claim 29 29. The method of claim 28 where: the information to enable comprises text formats.

· data object (216) There is no corresponding structure for at least the following: · "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 browser-controlled window"

Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "software comprising an executable application . . . operable to". The corresponding structure includes at least the following: · NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B (hereinafter the "browser application"). Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · data object (216)

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The corresponding acts includes at least the following: · the client workstation launches the browser application · the browser application retrieves over the network from the network server the hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · the browser application performs the steps in Figure 7A (e.g., parsing the hypermedia document to identify the <EMBED> tag · the browser application performs the steps in Figure 7B (e.g., initialize the drawing area) · the browser application performs the steps in Figure 8A to identify and locate an executable application using the information TYPE = "application/x-vis" found in the <EMBED> tag There is no corresponding act for at least the following: · "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 browser-controlled window" Corresponding structure(s) or act(s) Same as for claim 29. Corresponding structure(s) or act(s) Same as for claim 29.

'985 Claim 30 30. The method of claim 29 where: the text formats are HTML tags. '985 Claim 31 31. The method of claim 28 where: the information contained in the file received comprises at least one embed text format. '985 Claim 32 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

Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "in order to cause said client workstation to:" The corresponding acts includes at least the

-28-

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,

following: · the client workstation launches NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B (hereinafter the "browser application"). Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · the browser application retrieves over the network from the network server the hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · the browser application performs the steps in Figure 7A (e.g., parsing the hypermedia document to identify the <EMBED> tag · the browser application performs the steps in Figure 7B (e.g., initialize the drawing area) · the browser application performs the steps in Figure 8A to identify and locate an executable application using the information TYPE = "application/x-vis" found in the <EMBED> tag There is no corresponding act for at least the following: · "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"

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in response to the identifying of the embed text format. '985 Claim 33 33. The method of claim 32 where: the information to enable comprises text formats. '985 Claim 34 34. The method of claim 33 where: the text formats are HTML tags. '985 Claim 35 35. The method of claim 32 where: the information contained in the file received comprises at least one embed text format. '985 Claim 40 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 browsercontrolled 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

Corresponding structure(s) or act(s) Same as for claim 32. Corresponding structure(s) or act(s) Same as for claim 33. Corresponding structure(s) or act(s) Same as for claim 32.

Corresponding structure(s) or act(s) The recited function includes the entire phrase that appears after "in order to cause said client workstation to:" The corresponding acts includes at least the following: · the client workstation launches NCSA Mosaic version 2.4 for X-Windows with the modifications to the source code shown in Appendix A and Appendix B (hereinafter the "browser application"). Some of the modifications to the source code in Appendix A are also described in Figure 7A (flowchart for "HTMLparse" routine in the modified version of HTMLparse.c), Figure 7B (flowchart for routines in the modified version of HTMLformat.c), and Figure 8A (flowchart for "HTMLwidget" routine in the modified version of HTMLwidget.c). · the browser application retrieves over the network from the network server the hypermedia document (212) with the following HTML tag at a "first location" in the document: <EMBED TYPE = "application/xvis" HREF = [URL address for data object (216)] WIDTH = [width of window to display the object] HEIGHT = [height of window to display the object]> · the browser application performs the steps in Figure 7A (e.g., parsing the hypermedia document to identify the <EMBED> tag · the browser application performs the steps in Figure 7B (e.g., initialize the drawing area) · the browser application performs the steps

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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.

in Figure 8A to identify and locate an executable application using the information TYPE = "application/x-vis" found in the <EMBED> tag There is no corresponding act for at least the following: · "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." Corresponding structure(s) or act(s) Same as for claim 40. Corresponding structure(s) or act(s) Same as for claim 41. Corresponding structure(s) or act(s) Same as for claim 40.

'985 Claim 41 41. The method of claim 40 where: the information to enable comprises text formats. '985 Claim 42 42. The method of claim 41 where: the text formats are HTML tags. '985 Claim 43 43. 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: September 17, 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]> Parker C. Ankrum (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] Otis W. Carroll, Jr. (Bar No. 03895700) <[e-mail]> Deborah J. Race (Bar No. 16448700) <[e-mail]> IRELAND CARROLL & KELLEY 6101 S. Broadway, Suite 500 Tyler, TX 75703 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, IL 60603 Telephone: [phone] Facsimile: [phone] Teague I. Donahey (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Theodore W. Chandler (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, CA 90013 Telephone: [phone] Facsimile: [phone] Duy D. Nguyen (pro hac vice) <[e-mail]> SIDLEY AUSTIN LLP 1801 Page Mill Road, Suite 110 Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Eric M. Albritton (Bar No. 00790215) <[e-mail]> ALBRITTON LAW FIRM P.O. Box 2649 Longview, TX 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] Deron R. Dacus (Bar No. 00790553) <[e-mail]> Shannon Dacus (Bar No. 00791004) <[e-mail]> RAMEY & FLOCK, P.C. 100 East Ferguson, Suite 500 Tyler, TX 75702 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, TX 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]> Parker C. Ankrum (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] Otis W. Carroll, Jr. (Bar No. 03895700) <[e-mail]> Deborah J. Race (Bar No. 16448700) <[e-mail]> IRELAND CARROLL & KELLEY 6101 S. Broadway, Suite 500 Tyler, TX 75703 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, CA 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, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Frito-Lay, Inc.

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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] Proshanto Mukherji (pro hac vice) <[e-mail]> FISH & RICHARDSON P.C. 225 Franklin Street Boston, MA 02110 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, TX 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, CA 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, TX 75201 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant J.C. Penney Company, Inc.

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By: /s/ Stephen K. Shahida Stephen K. Shahida (pro hac vice) <[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 Suite 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, TX 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, IL 60606 Telephone: [phone] Facsimile: [phone] David M. Stein (Bar No. 00797494) <[e-mail]> MCDERMOTT WILL & EMERY LLP 18191 Von Karman Avenue, Suite 500 Irvine, CA 92612-7108 Telephone: [phone] Facsimile: [phone] J. Thad Heartfield (Bar No. 09346800) <[e-mail]> THE HEARTFIELD LAW FIRM 2195 Dowlen Road Beaumont, TX 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, TX 75201-2980 Telephone: [phone] Facsimile: [phone] Scott Partridge (Bar No. 00786940) <[e-mail]> Roger Fulghum (Bar No. 00790724) <[e-mail]> BAKER BOTTS L.L.P. One Shell Plaza 910 Louisiana Houston, TX 77002-4995 Telephone: [phone] Facsimile: [phone] Kevin Meek (Bar No. 13899600) <[e-mail]> Paula Heyman (Bar No. 24027075) <[e-mail]> BAKER BOTTS L.L.P. 1500 San Jacinto Center Austin, TX 78701-4075 Telephone: [phone] Facsimile: [phone] Shannon Dacus (Bar No. 00791004) <[e-mail]> RAMEY & FLOCK, P.C. 100 East Ferguson, Suite 500 Tyler, TX 75702 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Perot Systems Corp.

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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, TX 78746-7568 Tel: [phone] Fax: [phone] Attorneys for Defendant Playboy Enterprises International, Inc.

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, CA 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, TX 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, TX 75670 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Texas Instruments Incorporated

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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]> Parker C. Ankrum (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] Otis W. Carroll, Jr. (Bar No. 03895700) <[e-mail]> Deborah J. Race (Bar No. 16448700) <[e-mail]> IRELAND CARROLL & KELLEY 6101 S. Broadway, Suite 500 Tyler, TX 75703 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant Yahoo! 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, TX 75710 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant YouTube, LLC

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SIGNATURE ATTESTATION I hereby certify that concurrence in the service of this document has been obtained from each of the other signatories shown above.

/s/ Shubham Mukherjee___ Shubham Mukherjee

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CERTIFICATE OF SERVICE I hereby certify that on the date and in the place shown below, I served Defendants' P.R. 4-2 Disclosure of Proposed Claim Constructions and Extrinsic Evidence 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 September 17, 2010, in San Francisco, California.

/s/ Teague I. Donahey Teague I. Donahey

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