`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
`RICHMOND DIVISION
`
`Action No. 3:13-CV-808
`
`
`
`
`
`THE TRUSTEES OF COLUMBIA
`UNIVERSITY IN THE CITY OF NEW YORK,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SYMANTEC CORPORATION,
`
`
`
`
`
`
`Defendant.
`
`CLAIM CONSTRUCTION ORDER
`
`Pursuant to the directions of Markman v. Westview Instruments, Inc., 517 U.S. 370
`
`(1996), the Court hereby construes the following disputed terms of the allegedly infringed
`
`patents in the above referenced case:
`
`I.
`
`First Family of Patents (‘544 and ‘907)
`
`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.
`
`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.
`
`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).
`
`II.
`
`Second Family of Patents (‘084 and ‘306)
`
`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.
`
`
`
`1
`
`
`
`
`
`
`
`
`1
`
`SYMC 1005
`
`
`
`Case 3:13-cv-00808-JRS Document 123 Filed 10/07/14 Page 2 of 2 PageID# 4007
`
`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.
`
`
`
`“Normal Computer System Usage”: Typical, attack-free computer system usage.
`
`3. “Anomaly” / “Anomalous”: Deviation/deviating from a model of typical, attack-free
`computer system usage.
`
`III. Third Family of Patents (‘115 and ‘322)
`
`1. “Anomalous”: Deviation/deviating from a model of typical, attack-free computer
`system usage.
`
`
`2. “Emulator”: Software, alone or in combination with hardware, that permits the
`monitoring and selective execution of certain parts, or all, of a program.
`
`
`3. “Application Community”: Members of a community running the same program or a
`selected portion of the program.
`
`
`Let the Clerk send a copy of this Order to all counsel of record.
`
` _____________________/s/_______________
`James R. Spencer
`Senior U. S. District Judge
`
`It is SO ORDERED.
`
`
`
`
`
`
`
`ENTERED this _7th_ day of October 2014.
`
`
`
`2
`
`
`2
`
`SYMC 1005
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