I/P Engine, Inc. v. AOL, Inc. et al

Filing 111

Declaration re 109 Memorandum in Opposition, by Joshua Sohn by Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Noona, Stephen)

EXHIBIT 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
v.

Civil Action No. 2:11-cv-512

AOL, INC., et al.,
Defendants.

PROPOSED TERMS AND CLAIM ELEMENTS FOR CONSTRUCTION
I.

INTRODUCTION
Defendants Google Inc., IAC Search & Media, Inc., Target Corporation, Gannett

Company, Inc., and AOL, Inc. (collectively referred to as “Defendants”) hereby provide their
Proposed Terms and Claim Elements for Construction.
Discovery in this action is still ongoing, as is Defendants’ investigation of Plaintiff's
claims. Defendants therefore expressly reserve the right to amend or supplement their
identification of proposed terms and claim elements for construction, including their
identification of claim elements governed by 35 U.S.C. section 112(6) in the event they obtain or
discern additional information through further investigation, discovery, or disclosure from
Plaintiff. Additionally, Plaintiff’s Infringement Contentions do not fairly apprise Defendants of
Plaintiff’s infringement theories. Defendants therefore expressly reserve the right to amend or
supplement their identification of proposed terms and claim elements for construction if and
when Plaintiff serves adequate supplemental Infringement Contentions.

II.

LIST OF TERMS FOR CONSTRUCTION
“informons relevant to a query”
“information relevant to a query”
“relevance to a query”
“relevance to at least one of the query and the first user”
“informon”

“scanning a network to make a demand search for informons relevant to a query from an
individual user” / “a scanning system for searching for information relevant to a query associated
with a first user in a plurality of users” / “wherein the searching step comprises scanning a
network in response to a demand search for the information relevant to the query associated with
the first user”
“demand search”
“searching [for information relevant to a query associated with a first user]”
“user”
“individual user”
“first user”
“content-based filter”
“content-based filter system” / “content-based filter for receiving informons from the
scanning system” / “receiving the informons in a content-based filter system from the scanning
system”
“content profile”
“content profile data”
“a feedback system for receiving collaborative feedback data from system users relative
to informons considered by such users”
“feedback system for receiving information found to be relevant to the query by other
users”
“collaborative feedback data”
“passive feedback data”

01980.51928/4653742.1

“combining the information from the feedback system with the information from the
scanning system” / “combining the information found to be relevant to the query by other users
with the searched information” / “filtering the combined information for relevance to at least one
of the query and the first user”
“informons” / “the informons”
“users” / “such users”
“a query” / “the query”
“a feedback system” / “the feedback system”
“a scanning system” / “the scanning system”
“a first user” / “the first user”
“a content-based filter system” / “the content-based filter system”
“the scanning system”
The system for scanning, content-based filter system, and feedback system must all be
different systems.
The scanning system, feedback system, and content-based filter system must all be
different systems.
Order of steps of ‘420 Patent Claim 25.
Order of steps of ‘664 Patent Claim 26.
Dated: March 14, 2012

01980.51928/4653742.1

By: /s/ David A. Perlson
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

By: /s/ Stephen E. Noona
Stephen E. Noona (Virginia Bar No. 25367)
KAUFMAN & CANOLES, P.C.
150 West Main Street
Post Office Box 3037
Norfolk, VA 23514
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants Google Inc., IAC Search &
Media, Inc., Gannett Company, Inc. and Target
Corporation
By: /s/ Robert L. Burns
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
By: /s/ Cortney S. Alexander
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL, Inc.

01980.51928/4653742.1