Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 996

RESPONSE in Opposition re 877 SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] filed by Eolas Technologies Incorporated. (Attachments: # 1 Declaration of Josh Budwin, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order)(McKool, Mike)

EXHIBIT G

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
:I

EOLAS TECHNOLOGIES, INC.,
a Delaware corporation, and
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, a California
educational corporation,

)
)
)
)
)

No. 99 C 626

PIAR 2 9 2004

JUDGE J!ii?i;iZS 3. Z;.GE!.

Plaintiffs,)
1

vs .

)

MICROSOFT CORPORATION,
a Washington corporation,
Defendant.

U N ~ ~ EST;.TES DIS;RIC;
D

Chicago, Illinois

1
1
1
)
)

C~~JRT

I

July 15, 2003
8:45 a.m.

VOLUME 5
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE JAMES B. ZAGEL, and a Jury

FOR THE PLAINTIFFS:

ROBINS, KAPLAN, MILLER & CIRESI
2800 LaSalle Plaza, 800 LaSalle Avenue,
Minneapolis, MN 55402-2015
BY: MR. MARTIN R. LUECK
MR. RICHARD M. MARTINEZ
MS. JAN M. CONLIN
MR. MUNIR MEGHJEE
MS. KEIKO SUGISAKA
MS. EMILY ROME

FOR THE DEFENDANT:

LEYDIG, VOIT & MAYER, LTD.
Two Prudential Plaza, Suite 4900,
Chicago, IL 60601
BY: MR. H. MICHAEL HARTMANN
and
SIDLEY, AUSTIN, BROWN & WOOD
Bank One Plaza, 10 South Dearborn Street,
Chicago, IL 60603
BY: MR. DAVID T. PRITIKIN
MR. WILLIAM H. BAUMGARTNER, JR.
MR. RICHARD A. CEDEROTH

861
d

APPEARANCES :

(Cont. )

FOR THE DEFENDANT:

MR. T. ANDREW CULBERT
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052-6399

ANTHONY W. LISANTI
Official Court Reporter
United States Courthouse
219 South Dearborn Street
Chicago, Illinois 60604

Felton - direct

distributed hypermedia document, which means the object
can't be in HTML text of the web page.

It can be

anywhere else but not in HTML web page.
In order to determine that this - -

Q

Let me stop you right there so we understand.

When you did the example on the web earlier today, was
that an example of an object being external to the web
page?
?
i

Yes.

2

And can you explain how that illustrates this

zoncept?
4

(No response.)

2

1/11 actually ask a little different question. As

1 recall when you did that demonstration, you had a URL

for the object, is that correct?
2

That's correct, yes.

There was a URL for the

~bject.
2

So you typed up the page and you just sort of

~eferencedthe URL for having the object outside of the
~ctualweb page itself?
i

Right.

The browser used the URL to get the object

Irom the separate place, not part of the HTML document.

2

Please continue, Doctor.

i

So we talked about the object being external to

:he first distributed hypermedia document.

For example,

-

Felton - direct

the object is specified by a code base, we see down
here - - I'm sorry, we see down here an example of an
object tag which is in embed text format that Internet
Explorer can deal with.

And we see here inside that

text format that stuff which is highlighted. This is a
URL, which gives the location of the object which is
displayed in this case.
And let me come over here on the left and talk
about this.

This is an illustration of a page of

Internet Explorer displaying a page which has an embed
text format. And what's on this page is a picture of an
2utomobile. And you can't see it on this printed page
~ u t this web site you can take your mouse and grab
on
: e automobile and turn it around.
h
3

So this depiction of

car - - I'm sorry, the description of what that car

Looks like from all the different angles is what
~onstitutes
the object in this case.
And if you look inside the embed text format
Iver here, you see this line highlighted "value equalsu
ind then there is a URL, a location on the web.

This

says where the picture, the three dimensional picture of
:hat particular automobile is located on the web.

And

;o this specifies the location of the object and it is
)art of the embed text format. And so when the Internet
Explorer is handling this page, it sets off this claim