IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`No. 6:18-cv-00080-ADA
`
`
`JURY TRIAL DEMANDED
`
`MATCH GROUP, LLC
`
`
`
`
`v.
`
`BUMBLE TRADING INC. and
`BUMBLE HOLDING, LTD.,
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`
`
`PLAINTIFF MATCH GROUP, LLC’S PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Court’s Scheduling Order, Dkt. 55, Plaintiff Match Group LLC (“Match”)
`
`proposes the following constructions and identifies its intrinsic and extrinsic evidence in support
`
`of those constructions. The proposals are attached as Exhibit A.
`
`Match expressly reserves the right to supplement, amend, or otherwise modify these
`
`disclosures and proposed constructions in any way permitted by the Federal Rules of Civil
`
`Procedure and this Court’s Local Rules, or in response to Defendants’ proposed terms for
`
`constructions, proposed claim constructions, supporting evidence, and/or the ongoing meet-and-
`
`confer process. Match provides these disclosures based upon information reasonably known and
`
`available to Match at this time. Match notes that Bumble has refused to produce source code
`
`even though such source code was required to be produced in connection with Bumble’s burden
`
`to produce information sufficient to show the operation of the accused products.
`
`
`
`
`
`1
`
`
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 1 of 11
`
`

`

`DATED: April 4, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Caldwell Cassady & Curry
`
`
`
`
`
`/s/ Bradley W. Caldwell
`Bradley W. Caldwell
`Texas State Bar No. 24040630
`Email: bcaldwell@caldwellcc.com
`John F. Summers
`Texas State Bar No. 24079417
`Email: jsummers@caldwellcc.com
`Warren J. McCarty, III
`Texas State Bar No. 24107857
`Email: wmccarty@caldwellcc.com
`Caldwell Cassady Curry P.C.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`John P. Palmer
`State Bar. 15430600
`Email: palmer@namanhowell.com
`Naman, Howell, Smith & Lee, PLLC
`400 Austin Avenue, 8th Floor
`P.O. Box 1470
`Waco, TX 76701
`Telephone: (254) 755-4100
`Facsimile: (254) 754-6331
`
`ATTORNEYS FOR PLAINTIFF
`MATCH GROUP, LLC
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing document was served upon counsel of record
`
`via electronic mail on this 4th day of April, 2019.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Bradley W. Caldwell
`Bradley W. Caldwell
`
`
`
`2
`
`
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 2 of 11
`
`

`

`Exhibit A
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 3 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`
`***
`
`
`’811 patent,
`claims 1, 4, and
`7/ ’854 patent,
`claims 1, 4, 7,
`and 10
`
`’023 patent,
`claims 1, 2, 3,
`and 5
`
`
`
`graphical representation of a
`first [second, third, fourth]
`potential match . . .
`
`graphical representation of a
`first [second] item of
`information;
`
`graphical representation of a
`first [second] online dating
`profile
`
`graphical representation of a
`first [second] online dating
`profile
`
`graphical representation of the
`first [second] user.
`
`
`
`EXHIBIT A
`Match’s Proposed Constructions
` 
`Match’s Proposed
`Construction
`Not indefinite. Plain and
`ordinary meaning.
`
`Match believes that this
`term should be construed
`according to its plain and
`ordinary meaning.
`Nevertheless, based on
`Bumble’s position in its
`invalidity contentions and
`in its pending IPR
`proceeding concerning
`the ’811 Patent, it appears
`that Bumble is seeking to
`expand the scope of this
`term behind its the plain
`and ordinary meaning. In
`light of this apparent
`dispute, Match proposes
`that the plain and
`ordinary meaning of the
`term is:
`
`Pictorial portrayal of a
`first [second, third,
`fourth] potential
`match . . . .
`
`
`
`Intrinsic Evidence in
`Support
`’023 Patent at 21:24-
`28; 21:40-45; 23:29-33;
`Fig. 1F; Figs. 6-8.
`
`’023 FH, 1/22/2018
`Response
`Accompanying RCE at
`12-13.
`
`
`Extrinsic Evidence in Support
`
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`the asserted patents;
`2.
`why Match’s proposed
`construction is proper;
`3.
`what makes a graphical
`representation of a . . . potential
`match/item of information/online dating
`profile;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the
`terms in light of the intrinsic and
`extrinsic evidence.
`
`
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`
`
`The Authoritative Dictionary of IEEE
`Standard Terms (7th Edition, 2000)
`
` 
`
`1
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 4 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`Intrinsic Evidence in
`Support
`
`Match’s Proposed
`Construction
`
`
`
`***
`
`Pictorial portrayal of a
`first [second] item of
`information.
`
`Pictorial portrayal of a
`first [second] online
`dating profile . . .
`
`Pictorial portrayal of the
`first [second] user. . .
`
`the text area
`
`
` 
`
`’811 patent,
`claims 2, and 5
`
`Not indefinite. “The text
`area” is an obvious
`2
`
`’811 patent, claim 8.
`
`
`Extrinsic Evidence in Support
`
`(definition of “graphical”).
`
`The Authoritative Dictionary of IEEE
`Standard Terms (7th Edition, 2000)
`(definition of “representation”).
`
`The IEEE Standard Dictionary of
`Electrical and Electronics Terms (6th
`Ed.) (definition of “graphical”)
`
` The IEEE Standard Dictionary of
`Electrical and Electronics Terms (6th
`Ed.) (definition of “representation”)
`
`Merriam-Webster’s Collegiate
`Dictionary (11th Ed. 2014) (definition of
`“graphical”)
`
`Merriam-Webster’s Collegiate
`Dictionary (11th Ed. 2014) (definition of
`“representation”)
`
`Oxford Dictionary of English (3rd
`Edition, 2010) (definition of “graphical”)
`
`Oxford Dictionary of English (3rd
`Edition, 2010) (definition of
`“representation”)
`
`
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 5 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`
`
`
`
`
`
`
`Match’s Proposed
`Construction
`typographical error that is
`subject to judicial
`correction. “The text
`area” should read “a text
`area.”
`
`Intrinsic Evidence in
`Support
` ’811 Patent FH, May
`26, 2016 RCE at 2-9.
`
`associated
`
`
` 
`
`’023 Patent at 3:57-67;
`5:59-64; 6:19-29;
`10:28-32; 13:53-56;
`14:24-25; 20:40-43;
`21:53-56; 22:16-20;
`22:49-52; Fig. 1F.
`
`
`
`
`
`’811 patent,
`claims 1, 3 4, 6
`and 7
`
`’023 patent, all
`claims
`
`’854 patent,
`claims 1, 2, 4, 5,
`7, 8, 10, and 11
`
`No construction
`necessary/plain and
`ordinary meaning.
`
`Match further objects to
`Bumble’s attempt to
`construe the word
`associated outside of the
`contexts in which it is
`used.
`
`
`3
`
`Extrinsic Evidence in Support
`
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`the asserted patents;
`2.
`why Match’s proposed
`construction is proper;
`3.
`what constitutes a text area;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the
`terms in light of the intrinsic and
`extrinsic evidence.
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`the asserted patents;
`2.
`why no construction is necessary;
`3.
`what makes something
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 6 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`Match’s Proposed
`Construction
`
`Intrinsic Evidence in
`Support
`
`
`
`Extrinsic Evidence in Support
`
`“associated” with something else;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the
`terms in light of the intrinsic and
`extrinsic evidence.
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`
`Merriam-Webster’s Collegiate
`Dictionary (11th Ed. 2014) (definition of
`“associated”)
`
`Oxford Dictionary of English (3rd
`Edition, 2010) (definition of
`“associated”)
`
`
` 
`
`4
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 7 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`social networking platform
`
`’811 patent,
`claims 1, 4, and
`7
`
`’854 Patent claims
`2, 5, 8, and 11.
`
`Match’s Proposed
`Construction
`No construction
`necessary/plain and
`ordinary meaning
`
`Intrinsic Evidence in
`Support
`’811 Patent at 19:30-
`44; 19:45-59; 19:60-
`20:6; 20:7-15; 23:44-
`55; 24:1-10.
`
`14/059192 FH, Oct. 21,
`2013 Preliminary
`Amendment.
`
`automatically/ automatically
`causing the graphical user
`interface to display/
`automatically cause the
`interface to remove/
`automatically presenting . . . in
`response to detecting the
`gesture / automatically present
`
`
`
` 
`
`’811 patent,
`claims 1, 4, and
`7
`
`’023 patent, 1, 3
`and 5
`
`Not indefinite. No
`construction
`necessary/plain and
`ordinary meaning.
`
`
`
` ’023 Patent at 6:11-18;
`6:35-51; 21:27-31;
`22:6-8; Figs. 6-8.
`
`’023 Patent at 21:12-
`16; 21:60-63; Figs. 6-8.
`
`5
`
`Extrinsic Evidence in Support
`
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`the asserted patents;
`2.
`why no construction is necessary;
`3.
`what constitutes a “social
`networking platform”;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the
`terms in light of the intrinsic and
`extrinsic evidence.
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 8 of 11
`
`

`

`Match’s Proposed
`Construction
`
`Intrinsic Evidence in
`Support
`
`Claim Term
`
`Patent Claims
`
`. . . . in response to the
`processor detecting the
`gesture/ automatically
`removing . . . in response to
`detecting the gesture /
`automatically remove . . . in
`response to detecting the
`gesture
`
` 
`
`6
`
`Extrinsic Evidence in Support
`
`the asserted patents;
`2.
`why no construction is necessary;
`3.
`what constitutes “automatically”;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the
`terms in light of the intrinsic and
`extrinsic evidence.
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`
`The Authoritative Dictionary of IEEE
`Standard Terms (7th Edition, 2000)
`(definition of “automatic”).
`
`
`The IEEE Standard Dictionary of
`Electrical and Electronics Terms (6th
`Ed.) (definition of “automatic”)
`
`
`Merriam-Webster’s Collegiate Dictionary
`(11th Ed. 2014) (definition of
`“automatic”).
`
`Oxford Dictionary of English (3rd Edition,
`2010) (definition of “automatic”).
`
`
`
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 9 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`prevent[ing] communication
`
`’811 patent,
`claims 1, 4, and
`7
`
`Match’s Proposed
`Construction
`Not indefinite. No
`construction
`necessary/plain and
`ordinary meaning.
`
`
`Intrinsic Evidence in
`Support
`’811 Patent at 22:40-
`44; 22:61-23:30; 23:31
`-34; 23:60-64; Figs. 10
`and 11.
`
`’811 Patent at 5:48-51;
`22:10-18; 24:34-38.
`
`allow[ing]/ without allowing
`
` 
`
`’854 patent,
`claims 1, 3, 4, 6,
`
`No construction
`necessary/plain and
`7
`
`’811 Patent at 22:40-
`44; 22:61-23:30; 23:31
`
`Extrinsic Evidence in Support
`
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`the asserted patents;
`2.
`why no construction is necessary;
`3.
`what it means to prevent
`communication;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the term
`in light of the intrinsic and extrinsic
`evidence.
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`
`Merriam-Webster’s Collegiate Dictionary
`(11th Ed. 2014) (definition of “prevent”).
`
`Oxford Dictionary of English (3rd Edition,
`2010) (definition of “prevent”).
`
`Match intends to rely on expert testimony
`in the form of a declaration from Dr.
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 10 of 11
`
`

`

`Claim Term
`
`Patent Claims
`
`7, and 10
`
`Match’s Proposed
`Construction
`ordinary meaning.
`
`
`
`Intrinsic Evidence in
`Support
`-34; 23:60-64; Figs. 10
`and 11.
`
`’811 Patent at 5:48-51;
`22:10-18; 24:34-38.
`
`Extrinsic Evidence in Support
`
`Mark Jones, a professor of Electrical and
`Computer Engineering at Virginia Tech,
`regarding this term, and the following is a
`brief description of the contents of the
`declaration:
`1.
`the general field and technology of
`the asserted patents;
`2.
`why no construction is necessary;
`3.
`what constitutes “allowing”
`something or “allowing” communication;
`4.
`characteristics, background, nature,
`function, and operation of an online
`dating profile(s); and
`5.
`how a person having ordinary skill
`in the art would have understood the
`terms in light of the intrinsic and
`extrinsic evidence.
`
`Dr. Jones may also include an analysis of
`Defendants’ construction, if one is
`offered.
`
`Merriam-Webster’s Collegiate Dictionary
`(11th Ed. 2014) (definition of “allow”).
`
`Oxford Dictionary of English (3rd Edition,
`2010) (definition of “allow”).
`
`
`
`
` 
`
`8
`
`BUMBLE TRADING, INC.
`EXHIBIT 1050
`Page 11 of 11
`
`