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

Filing 166

Claim Construction Brief Joint Claim Construction and Prehearing Statement filed by AOL Inc., Gannett Company, Inc., Google Inc., I/P Engine, Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Sherwood, Jeffrey)

EXHIBIT A
Joint Claim Construction Chart
Claim Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

1a.

“collaborative feedback
data” (‘420 claims 10,
25)

information concerning
what informons other
users with similar
interests or needs found to
be relevant

Data from users with
similar interests or needs
regarding what informons
such users found to be
relevant

1b.

“[feedback system for]
receiving information
found to be relevant to
the query by other users”
(‘664 claim 1, 26)

No construction necessary
- or [feedback system for]
receiving information
concerning what other
users found to be relevant
to the query

[system using a process of
filtering information by]
determining what
information other users
with similar interests or
needs found to be relevant

2a.

“scan[ning] a network”
(‘420 claims 10, 25)

looking for items on two
or more connected
computers

spider[ing] or crawl[ing] a
network

2b.

“a scanning system”
(‘664 claim 1)

a system used to search
for information

a system used to scan a
network

3.

“combining” (‘420
claims 10, 25; ‘664
claims 1, 26)

uniting into a single
number or expression

plain meaning;
alternatively, bringing
together

1

Claim Term
4.

separateness of the
claimed systems (‘420
claim 10, ‘664 claim 1)

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

The claim language does
not require the scanning
system, content-based
filter system, and
feedback system of claim
1 of the ‘664 patent or the
claimed system for
scanning, content-based
filter system, and
feedback system of claim
10 of the ‘420 patent to be
the same or different
“systems.”

The claimed “system for
scanning a network,”
“content-based filter
system,” and “feedback
system” of ‘420 claim 10
must be different systems
The claimed “scanning
system,” “feedback
system,” and “contentbased filter system” of
‘664 claim 1 must be
different systems

5.

demand search (‘420
claims 10, 25)

a one-time search
performed upon a user
request

search engine query

6.

individual user/first user
(‘420 claims 10, 25; ‘664
claims 1, 26)

no construction necessary

particular user

7a.

“relevance to at least one
of the query and the first
user” (‘664 claims 1, 26)

no further construction
necessary beyond other
terms

how well information
satisfies the information
need of at least one of the
query and the first user

7b.

“[informons/information] [informons/information]
relevant to a query”
having relevance a query
(‘420 claims 10, 25; ‘664
claims 1, 26)

2

[informons/information]
that satisfy the individual
user’s information need
expressed in the query

Claim Term
8.

Order of Steps (‘420
claim 25; ‘664 claim 26

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

No “construction” is
necessary; if there is any
order, it is reflected in the
claim language;
otherwise, no order is
required.

‘420 Claim 25: Step [a]
must be performed before
Step [b]; Steps [b] and [c]
must be performed before
Step [d]
‘664 Claim 26: Steps [a]
and [b] must be performed
before Step [c]; Step [c1]
must be performed before
Step [c2]

9a.

“informons” / “the
informons” (‘420 Claims
10, 25)

“informons” provides
antecedent basis for “the
informons”

“informons” and “the
informons” are the same
informons

9b.

“users” / “such users”
(‘420 claims 10, 25)

“users” provides
antecedent basis for “such
users”

“users” and “such users”
are the same users

9c.

“a query” /”the query”
(‘420 claims 10, 25; ‘664
claims 1, 26)

“a query” provides
antecedent basis for “the
query”

“a query” and “the query”
are the same query

9d.

“a feedback system” /
“the feedback system”
(‘420 claim 10; ‘664
claim 1)

“a feedback system”
provides antecedent basis
for “the feedback system”

“a feedback system” and
“the feedback system” are
the same feedback system

9e.

“a scanning system” /
“the scanning system”
(‘664 claim 1)

“a scanning system”
provides antecedent basis
for “the scanning system”

“a scanning system” and
“the scanning system” are
the same scanning system”

9f.

“a first user” / “the first
user” (‘664 claims 1, 26)

“a first user” provides
antecedent basis for “the
first user”

“a first user” and “the first
user” are the same first
user

9g.

“a content-based filter
system” / “the contentbased filter system”
(‘664 claims 1, 21)

“a content-based filter
system” provides
antecedent basis for “the
content-based filter
system”

“a content-based filter
system’ and “the contentbased filter system” are the
same content-based filter
system

3