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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
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`Action No. 3:13-CV-808
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`THE TRUSTEES OF COLUMBIA
`UNIVERSITY IN THE CITY OF NEW YORK,
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`Plaintiff,
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`v.
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`SYMANTEC CORPORATION,
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`
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`Defendant.
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`CLAIM CONSTRUCTION ORDER
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`Pursuant to the directions of Markman v. Westview Instruments, Inc., 517 U.S. 370
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`(1996), the Court hereby construes the following disputed terms of the allegedly infringed
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`patents in the above referenced case:
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`I.
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`First Family of Patents (‘544 and ‘907)
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`1. “Byte Sequence Feature”: Feature that is a representation of machine code
`instructions of the executable. “Feature” is a property or attribute of data which may
`take on a set of values.
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`2. “Email Interface”: The component that reintegrates filtered email back into normal
`email traffic and may send the model generator 240 each attachment to be analyzed
`further.
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`3. “Wherein [the step of] extracting said byte sequence features from said executable
`attachment comprises creat[ing/e] a byte string representative of resources
`referenced by said executable attachment”: Indefinite. The Court finds that the
`“resource information” feature extraction embodiment is separate and distinct from
`the “byte sequence feature” extraction embodiment. Because Claims 1 and 16 of the
`‘544 patent conflate these terms, and thus are inconsistent with the specification,
`the Court holds that this term is indefinite. See Allen Eng’g Corp. v. Bartell Indus.,
`Inc., 299 F.3d 1336, 1349 (Fed. Cir. 2002).
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`II.
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`Second Family of Patents (‘084 and ‘306)
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`1. “Operating System Registry”: A database of information about a computer’s
`configuration, utilized by an operating system, organized hierarchically as a tree,
`with entries consisting of keys and values.
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`1
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`1
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`SYMC 1005
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`Case 3:13-cv-00808-JRS Document 123 Filed 10/07/14 Page 2 of 2 PageID# 4007
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`2. “Probabilistic Model of Normal Computer System Usage”: Model of typical attack-
`free computer system usage that employs probability. “Probability” is the likelihood
`that an event will occur or a condition will be present.
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`
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`“Normal Computer System Usage”: Typical, attack-free computer system usage.
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`3. “Anomaly” / “Anomalous”: Deviation/deviating from a model of typical, attack-free
`computer system usage.
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`III. Third Family of Patents (‘115 and ‘322)
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`1. “Anomalous”: Deviation/deviating from a model of typical, attack-free computer
`system usage.
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`2. “Emulator”: Software, alone or in combination with hardware, that permits the
`monitoring and selective execution of certain parts, or all, of a program.
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`3. “Application Community”: Members of a community running the same program or a
`selected portion of the program.
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`Let the Clerk send a copy of this Order to all counsel of record.
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` _____________________/s/_______________
`James R. Spencer
`Senior U. S. District Judge
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`It is SO ORDERED.
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`ENTERED this _7th_ day of October 2014.
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`2
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`2
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`SYMC 1005