GOOGLE EXHIBIT 1016
`Google Inc. v. IXI IP, LLP
`IPR2016-01669
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`Copyright © 2003 by Bryan A, Garner
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`many difficulties as Cheever has, most can iden-
`tify with the ‘accidentai’ manner inwhich she has
`gained some important insights.” Rosemary Her-
`bert, “Growing Pains,” Boston Herald, 10 June
`2001, at 51.
`No with: “Although Accorsi feels for Cleveland
`fans, he can’t really identify as he could when the
`Colts moved.” Don Pierson, “Ernie Accorsi Is the
`Giants’ GM but Has Ties to Baltimore’s Storied
`Football Past,” Chicago Trih, 19 Jan. 2001, at 1.
`No with: “ ‘We’ve all experienced workplace pol—
`itics .
`.
`.
`. It’s duplicity and hardball. It's serious
`emotions. We can identify? ” Diana Lockwood,
`“Feeling Good,” Columbus Dispatch, 6 June 2001,
`at F2 (quoting Mark Burnett, producer of the
`television series Survivor).
`
`In each of those sentences, a more conservative
`writer (or, in the final example, a more conser-
`vative speaker) would probably have used the
`verb understand in place of identify with or
`identify.
`Here the cant phrase is inappropriately used
`in reference to early-19th-century historical fig—
`ures: “In the end, the difference was that Jef-
`ferson identified with Virginia while Marshall
`identified with the United States.” J. Wade Gil-
`ley, “University’s Namesake Was Great for
`Many Reasons,” Charleston Goa, 3 Feb. 1997,
`at A5. Neither Jefferson nor Marshall would
`have identified with writing like that. Of. relate
`to.
`
`i.e. 421
`
`idyll. A. Spelling and Pronunciation. Idyll
`(: [1] a poem or prose composition depicting
`rustic simplicity; or [2] a narrative, esp. inverse,
`resembling a brief epic) is the standard spelling.
`Idyl is a variant form. Either way, the word is
`pronounced /I-del/, like idle.
`B. Adjective Misused. Idyllic = of, belonging
`to, or resembling an idyll; full of pastoral charm
`or rustic picturesqueness. E.g.: “But after a pre—
`tend visit to Antarctica, it’s easy in Christchurch
`to decide to spend most of your time outdoors,
`especially on an idyllic spring day in November.”
`Millie Ball, “Take a Boat Ride to Christchurch,
`New Zealand,” Times—Picayune (New Orleans),
`26 Jan. 2003, Travel §, at 1. The word is often
`misused as if it meant ideal-veg;
`- “She admits juggling motherhood and career
`didn’t turn out to be quite as idyllic [read ideal]
`as she had planned.” Tom Hopkins, “Cathy’s
`Struggles Never End,” Dayton. Daily News, 22
`F613. 1997, at C1.
`“The setting couldn’t be more idyllic [read ideal]
`for Marcus Allen. It’s Super Bowl week in his
`hometown of San Diego.” Randy Covitz, “Allen
`Would Feel Right at Home if He Makes It into
`Hall of Fame,” Kansas City Star, 25 Jan 2003,
`Sports §, at 1.
`-rs. See DLMINUTI'VES (e).
`
`C. Style and Usage. As with other familiar
`
`
`i.e. A. Generally. The abbreviation for id est
`(L. “that is”) introduces explanatory phrases or
`clauses. Although the abbreviation is appropri—
`ate in some scholarly contexts, the phrase that
`is or the word namely is more comprehensible
`to the average reader.
`B. And e.g. Le. is frequently confounded with
`eg. (= “for example”)——~e.g.:
`- “Our increased expectation is due to the company
`growing its presence in the $2 billion US. meal—
`replacement market through increased advertis-
`ing in national magazines (is. [read e.g.,] People,
`Readers Digest, Parade) and newspapers (is.
`[read e.g.,] Globe and Enquirer).” Taglich Broth»
`ers, "How Analysts Size Up Companies,”Barrons,
`18 Nov. 2002, at 35 (that use of ie. indicates that
`advertising will not be placed in other magazines
`and newspapers),
`“The production staff and Gateway reps huddle.
`They shoot a screen test of a fuller-figured blonde
`cast as an extra and decide that she—with some
`work (is. [read e.g., unless that was all the work
`needed], ditch the suede pants)—looks more like
`a mom.” Frank Ahrens, “Gateway Ditches Cow
`Motif for a Sleeker Image,” Miami Herald, 18
`Nov. 2002, at 27.
`- “l have many electrical items that no longer work,
`Le.
`[read cg]: cameras, video recorder, outlet
`strip, video rewinder,
`to name a few.” Sandy
`Shelton, in question to “Post Your Problems ,” Pitt.
`Pacifiers, 19 Nov. 2002, at A14 (and, since eg.
`means “for example,” to name a few is redundant).
`See e.g.
`
`ideology. So spelled. But many writers mis-
`understand its ETYMOLOGY, believing that the
`word is somehow derived from our modern word
`idea, and thus misspell it ideology. In fact, like
`several other words beginning with ideo- (e.g.,
`ideograph), ideology passed into English through
`French (idéologie) and has been spelled idco- in
`English since the 18th century. Althmigh the
`bungled spelling has become common enough
`that it’s listed in some dictionaries, that isn’t a
`persuasive defense of its use. Ci minuscule.
`id est. See i.e.
`
`idiosyncrasy. So spelled, though often errone-
`ously rendered -cmcy (as if the word denoted a
`form of government)e-e.g.: “Their idiosyncracies
`[read idiosyncrasies] are patrician.” David Mar»
`golick, “Similar Histories, and Views, for 2 Court
`Finalists,” N.Y. Times, 30 May 1993, at 9.
`For the many Words properly ending in -cmcy,
`see GOVERNMENTAL FORMS.
`
`idolize; idolatrize. The latter is a NEEDLESS
`VARIANT. E.g.: ”We’re free, free at last from the
`bombardment of the media for the Super Bowl
`and the idolatrizing [read idolizing] of the com-
`batants.” “Glad Football Idolatry Over,” Ariz.
`Republic, 3 Feb. 1995, at B6.
`
`I doubt that; I doubt whether; I doubt if.
`See doubt (A).
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` n :5
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`422 I enjoyed myself
`
`abbreviations of Latin phrases such as etc, et
`ml, and e.g. (and despite their appearance here,
`where they are being discussed as terms), i.e. is
`not italicized <the state capital, i.e., Jefferson
`City>. And like the others, it is best confined to
`lists, parenthetical matter, footnotes, and cita-
`tions rather than used in text, where some sub-
`stitute such as namely is more natural <the
`state capital, which is Jefi'erSUn City>.
`Formerly it was said that in speaking or read-
`ing, the abbreviation should be rendered id est,
`But this is never heard today, whereas the ab-
`breviated letters to. are occasionally heard.
`D. Punctuation. Generally, a comma follows
`i.e. in AmE (though not in BE). Eg:
`- “The implicit assumption is that the fountains
`Were designed for some wading—Le, ‘interactive’
`participation.” “Tempest in a Memorial Pool,”
`Wash. Post, 3 Aug. 1997, at C8.
`- “There was absolutely no need for any US. net-
`work to ‘cover’ (i. 9., ‘interpret’) the funeral,” Letter
`of Mary L. Spencer, “Too Much Talk,” Indion~
`opolis Star, 2 Oct. 1997, at ET.
`
`I enjoyed myself. Though pedants sometimes
`criticize this idiom as hopelessly illogical (which
`it is), it is standard—fag;
`- “And I enjoyed myself, so it doesn’t seem that I
`failed.” Dan McGrath, “For Better or Worse, This
`Gig Was Fun,” Sacramento Bee, 20 Aug. 1995, at
`A2
`- “In all, I really enjoyed myself, even if there was
`no yapping.” Tony Kornheiser, “I May Not Know
`Opera, but I Know a Major Babe When I See
`One,” Rocky Mountain News, 26 Jan. 1997, at BS.
`- “I enjoyed myselfand the children seemed to enjoy
`listening to me read.” Frank Roberts, “Reading
`to Children Takes Real Talent,” Virginian-Pilot
`(Norfolk), 17 Aug. 1997, Suffolk Sun §, at 7.
`For some similar idioms, see ILLOGIC (A).
`
`if. A. And whether. It’s good editorial practice
`to distinguish between these words. Use if for a
`Conditional idea, whether for an alternative or
`possibility, Thus, Let me know ifyou’ll be coming
`means that I want to hear from you only ifyou’re
`coming. But Let me know whether you’ll be com-
`ing means that I want to hear fiom you about
`your plans one way or the other,
`B. Ifi and only if: This adds nothing but
`unnecessary emphasis (and perhaps a rhetorical
`flourish) to only if. E.g.: “Such a ‘homocentrist’
`position takes the human species to define the
`boundaries of the moral community: you are
`morally considerable if; and only if, [read only
`if] you are a member of the human species.”
`Colin McGinn, “Beyond Prejudice,” New Repub—
`lic, 8 Apr. 1996, at 39, The variation if, but only
`if, which sometimes occurs in legal writing, is
`unnecessary and even nonsensical for only if.
`C. For though, even if, or and. Some writers
`use if in an oddly precious waywto mean
`
`Even if,” or even
`“though,” “though perhaps,
`“and.” Though several dictionaries record this
`use, it's not recommended because it tYPiCally
`carries a tone of affectednessieg;
`- “On one level of analysis these are unrelated
`‘accidents.’ But on another they are concrete, if
`[read though] mainly unconscious and uncoordj.
`nated,
`responses to industry’s need for con.
`centrated and specialized learning.” RiChard
`Ohmann, English in America 289 (1976).
`- “Their presentation is passionate; their prose hec.
`tic, if [read and] occasionally hectoring; their Dar.
`win ambitious, angry and agitated.” Roy Porter
`“Devil’s Chaplain,” Sunday Times (London), 2§
`Sept, 1991, § 7, at 3.
`Cf. if not.
`
`if and when. A. Generally. The Single Word
`when typically conveys everything this three.
`word phrase does. Although the full idiom does
`emphasize both conditionah'ty and temporality,
`if a thing is done at a certain time it is ipso focto
`done. Still, the phrase helpfully sets up two
`conditions: (1) I won’t perform my duty unless
`you perform yours, and (2) don’t expect me to
`go first. As a popular idiom, ifoncl when is not
`likely to disappear just for the sake of brevity,
`B. And when and if: Perhaps in an attempt
`to get out of a rhetorical rut, some writers re-
`verse these words and make the phrase when
`and if with no change in nuance intended. But
`that construction loses any logical value the orig-
`inal may have had—when the thing is done,
`there is no further question about if it will be
`done. Some other phrasing is usually advisable—
`e.g.:
`- “Lawmakers should have a right to determine
`when and if [read when] such a tax should he
`considered.” “Local Assessors Require Oversight,”
`Sunday Advocate (Baton Rouge), 28 July 2002,
`at B8.
`- “But with only a little bit of light from their
`dwindling lamps, miners could never tell when
`”or if [read whether] the water was coming back
`at them.” Guy Gugliotta, “In a Flooded Coal Mine,
`3 Days of Waiting, Praying,” Wash. Post, 29 July
`2002, at A1.
`- “When and if [read If} Gonzalez signs a new
`contract, Dunn is a backup again.” Adam Teicher,
`“Chiefs Won’t Ask Dunn to Be Another Gonzalez,”
`Kansas City Star, 30 July 2002.
`When and if can have a distinct nuance, how-
`ever, by emphasizing that the event may never
`happen. Punctuation can help—egg “The in,
`vestment is usable, however, only whenfiancl
`i —you take the profits out.” Jane Bryant Quinn,
`“Home Sweet Piggy Bank?” Newsweek, 29 July
`2002, at 58.
`When not is substituted for and, the construc-
`tion emphasizes the inevitability of the event at
`some point—cg: “And he’s the only one making
`arguments from the perspective of the men and
`women who will run into those buildings when
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