IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`MATCH GROUP, LLC,
`
`Plaintiff,
`
`v.
`
`BUMBLE TRADING, INC., and
`BUMBLE HOLDING, LTD.
`
`
`Civil Action No. 6:18-cv-00080-ADA
`
`
`
`Defendants.
`
`
`DEFENDANTS’ PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Scheduling Order entered in this case, D.I. 56, Bumble Trading, Inc. and
`
`
`
`
`
`Bumble Holding, Ltd. (“Bumble”) proposes the constructions in Exhibit A for claim terms in the
`
`U.S. Patent Nos. 9,733,811 (the “ʼ811 Patent”), 9,959,023 (the “ʼ023 Patent”), and 10,203,854 (the
`
`“ʼ854 Patent”). Bumble proposes constructions for only those terms identified by the parties as
`
`currently disputed and requiring construction at this time.
`
`
`
`Bumble bases these constructions upon its current knowledge, understanding, and belief as
`
`to the facts and information available as of this date. Bumble reserves its right to argue, including
`
`in the alternative to construction, that one or more of the proposed claim terms or phrases are
`
`indefinite under 35 U.S.C. § 112. See, e.g., Bumble’s March 22, 2019 Preliminary Invalidity
`
`Contentions. Bumble further reserves the right to modify the list of terms/phrases and
`
`constructions as claim construction proceeds and in response to proposed constructions provided
`
`by Plaintiff and the parties meet and confer efforts.
`
`
`
`
`
`1
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 1 of 10
`
`
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`MATCH GROUP, LLC,
`
`Plaintiff,
`
`v.
`
`BUMBLE TRADING, INC., and
`BUMBLE HOLDING, LTD.
`
`
`Civil Action No. 6:18-cv-00080-ADA
`
`
`
`Defendants.
`
`
`DEFENDANTS’ PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Scheduling Order entered in this case, D.I. 56, Bumble Trading, Inc. and
`
`
`
`
`
`Bumble Holding, Ltd. (“Bumble”) proposes the constructions in Exhibit A for claim terms in the
`
`U.S. Patent Nos. 9,733,811 (the “ʼ811 Patent”), 9,959,023 (the “ʼ023 Patent”), and 10,203,854 (the
`
`“ʼ854 Patent”). Bumble proposes constructions for only those terms identified by the parties as
`
`currently disputed and requiring construction at this time.
`
`
`
`Bumble bases these constructions upon its current knowledge, understanding, and belief as
`
`to the facts and information available as of this date. Bumble reserves its right to argue, including
`
`in the alternative to construction, that one or more of the proposed claim terms or phrases are
`
`indefinite under 35 U.S.C. § 112. See, e.g., Bumble’s March 22, 2019 Preliminary Invalidity
`
`Contentions. Bumble further reserves the right to modify the list of terms/phrases and
`
`constructions as claim construction proceeds and in response to proposed constructions provided
`
`by Plaintiff and the parties meet and confer efforts.
`
`
`
`
`
`1
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 1 of 10
`
`
`
`Dated: April 4, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Joseph M. Drayton
`
`Deron R. Dacus (TX 00790553)
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Facsimile: (903) 581-2543
`ddacus@dacusfirm.com
`
`Joseph M. Drayton (pro hac vice)
`NY Bar No. 2875318
`COOLEY LLP
`1114 Avenue of the Americas
`New York, NY 10036
`Telephone: (212) 479-6000
`Facsimile: (212) 479-6275
`jdrayton@cooley.com
`
`Michael G. Rhodes (pro hac vice)
`CA Bar No. 116127
`Matthew Caplan (pro hac vice)
`CA Bar No. 260388
`COOLEY LLP
`101 California Street, 5th Floor
`San Francisco, CA 94111-5800
`Telephone: (415) 693-2000
`Facsimile: (415) 693-2222
`mrhodes@cooley.com
`mcaplan@cooley.com
`
`Rose S. Whelan (pro hac vice)
`DC Bar No. 999367
`COOLEY LLP
`1299 Pennsylvania Ave., N.W.
`Suite 700
`Washington, DC 20004
`Telephone: (202) 842-7800
`Facsimile: (202) 842-7899
`rwhelan@cooley.com
`
`
`Attorneys for Defendants Bumble Trading, Inc. and
`Bumble Holding, Ltd.
`
`
`
`2
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 2 of 10
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned certifies that the foregoing document was served to counsel of record
`
`below via electronic mail on April 4, 2019.
`
`
`
`
` Joseph M. Drayton
`
`Joseph M. Drayton
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Bradley W. Caldwell
`Caldwell Cassady and Curry PC
`2101 Cedar Springs Rd., Ste. 1000
`Dallas, TX 75201
`214-888-4840
`Fax: 214-888-4849
`Email: bcaldwell@caldwellcc.com
`
`John F. Summers
`Caldwell Cassady and Curry PC
`2101 Cedar Springs Rd., Ste. 1000
`Dallas, TX 75201
`214-888-4840
`Fax: 214-888-4849
`Email: jsummers@caldwellcc.com
`
`Melissa Richards Smith
`Gillam and Smith, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`903-934-8450
`Fax: 903-934-9257
`Email: melissa@gillamsmithlaw.com
`
`Warren J. McCarty
`Caldwell Cassady and Curry PC
`2101 Cedar Springs Rd., Ste. 1000
`Dallas, TX 75201
`214-888-4840
`Fax: 214-888-4849
`Email: wmccarty@caldwellcc.com
`
`John P. Palmer
`Naman Howell Smith & Lee
`P.O. Box 1470
`Waco, TX 76703-1470
`254-755-4100
`Fax: 254-754-6331
`Email: palmer@namanhowell.com
`
`
`
`3
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 3 of 10
`
`
`
`
`
`
`EXHIBIT A
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 4 of 10
`
`
`
`Patent
`Claims
`’811
`Patent,
`claims 1,
`4, and 7
`
`’023
`Patent,
`claims 1,
`2, 3, and 5
`
`’854
`Patent,
`claims 1,
`4, 7, and
`10
`
`
`
`Claim Term
`
`Graphical
`representation
`
`Graphical
`representation of a
`[first, second, third,
`etc.] potential match
`
`Graphical
`representation of a
`first [second] online
`dating profile
`associated with a first
`[second] user
`
`Graphical
`representation of a
`first item of
`information
`
`Graphical
`representation of the
`first [second] user
`
`
`
`
`
`Proposed Construction
`
`Evidence1
`
`’811 Patent, 3:13-14, 5:46-62, 6:12-22, 21:10-22, Fig. 1E, 1F,
`Fig. 6
`
`’023 Patent Prosecution Response Accompanying Request
`for Continued Examination (“RCE”), dated January 22, 2018
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`summary of information
`displayed on a graphical user
`interface
`
`summary of information
`displayed on a graphical user
`interface representing a [first,
`second, third, etc.] potential
`match
`
`summary of information
`displayed on a graphical user
`interface representing a first
`[second] online dating profile
`associated with a first [second]
`user
`
`summary of information
`displayed on a graphical user
`interface representing a first
`[second] item of information
`
`summary of information
`displayed on a graphical user
`interface representing the first
`[second] user
`
`
`1 The page and line numbers cited refer to the ’811 Patent citations. Bumble also identifies the corresponding citations from the ’023
`and ’854 Patents. Bumble generally identifies the claim language itself for all claims and discloses its intent to rely on the claim language
`for all construed claims.
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 5 of 10
`
`
`
`Claim Term
`
`Associated
`
`Social networking
`platform
`
`
`
`Automatically/
`automatically causing
`the
`graphical
`user
`interface
`to display/
`
`Patent
`Claims
`’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
`
`
`’811
`Patent,
`claims 1,
`4, and 7
`
`’854
`Patent,
`claims 2,
`5, 8, and
`11
`’811
`Patent,
`
`Proposed Construction
`
`Evidence1
`
`Indefinite
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`
`
`Social networking platform
`independent of the system for
`profile matching
`
`’811 Patent, 2:42-45, 15:54-67, 16:1-17:12, 19:38-20:15,
`20:32-34
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`
`
`Indefinite
`
`
`
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`2
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 6 of 10
`
`
`
`Claim Term
`
`cause
`automatically
`to
`the
`interface
`remove/ automatically
`presenting
`.
`.
`in
`.
`response to detecting
`the
`gesture
`/
`automatically present .
`. . . in response to the
`processor detecting the
`gesture/ automatically
`removing
`.
`.
`.
`in
`response to detecting
`the
`gesture
`/
`automatically remove .
`.
`.
`in response
`to
`detecting the gesture
`
`
`Prevent[ing]
`communication
`
`Proposed Construction
`
`Evidence1
`
`Patent
`Claims
`claims 1,
`4, and 7
`
`’023
`Patent, 1,
`3 and 5
`
`
`
`’811
`Patent,
`claims 1,
`4, and 7
`
`
`
`An affirmative act to ensure no
`communication between two
`users
`
`
`
`’811 Patent, 6:48-52, 15:4-7, 15:16-19, 23:10-30, 23:52-59,
`Fig. 10, claims 1, 4, and 7
`
`’811 Prosecution History Response to Office Action, dated
`November 18, 2015
`
`’811 Prosecution History Response to Office Action, dated
`February 9, 2016
`
`’811 Prosecution History Request for Continued
`Examination, dated May 26, 2016
`
`’811 Prosecution History Response Pursuant to 37 C.F.R. §
`1.111, dated July 29, 2016
`
`3
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 7 of 10
`
`
`
`Claim Term
`
`Patent
`Claims
`
`Proposed Construction
`
`Evidence1
`
`’811 Prosecution History Applicant Initiated Interview
`Summary, dated July 37, 2016
`
`’811 Prosecution History Response Pursuant to 37 C.F.R. §
`1.111, dated October 31, 2016
`
`’811 Prosecution History Response Accompanying Request
`for Continued Examination, dated January 31, 2017
`
`Extrinsic Evidence
`
`Collins English Dictionary 2011 (prevent (pri-'vent) vb l (tr)
`to keep from happening, esp by taking precautionary action 2
`(tr; often foll by from) to keep (someone from doing
`something); hinder; impede 3 (intr) to interpose or act as a
`hindrance 4 (tr) archaic to anticipate or precede)
`
`Merriam Webster Dictionary 2012 (prevent: to keep from
`happening or existing; to hold or keep back: HINDER,
`STOP; to interpose an obstacle)
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`The text area
`
`’811
`Patent
`claims 2,
`5, and 8
`
`Indefinite
`
`
`
`4
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 8 of 10
`
`
`
`Claim Term
`
`Without allowing
`
`Patent
`Claims
`’854
`patent,
`claims 1,
`3, 4, 6, 7,
`and 10
`
`Proposed Construction
`
`Evidence1
`
`An affirmative act to ensure no
`communication between two
`users
`
`’811 Patent, 6:48-52, 15:4-7, 15:16-19, 23:10-30, 23:52-59,
`Fig. 10
`
`’854 Patent, claims 1, 4, 7, and 10
`
`’811 Prosecution History Response to Office Action, dated
`November 18, 2015
`
`’811 Prosecution History Response to Office Action, dated
`February 9, 2016
`
`’811 Prosecution History Request for Continued
`Examination, dated May 26, 2016
`
`’811 Prosecution History Response Pursuant to 37 C.F.R. §
`1.111, dated July 29, 2016
`
`’811 Prosecution History Applicant Initiated Interview
`Summary, dated July 37, 2016
`
`’811 Prosecution History Response Pursuant to 37 C.F.R. §
`1.111, dated October 31, 2016
`
`’811 Prosecution History Response Accompanying Request
`for Continued Examination, dated January 31, 2017
`
`Extrinsic Evidence
`
`Collins English Dictionary 2011 (prevent (pri-'vent) vb l (tr)
`to keep from happening, esp by taking precautionary action 2
`(tr; often foll by from) to keep (someone from doing
`
`5
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 9 of 10
`
`
`
`Claim Term
`
`Patent
`Claims
`
`
`
`
`Proposed Construction
`
`Evidence1
`
`something); hinder; impede 3 (intr) to interpose or act as a
`hindrance 4 (tr) archaic to anticipate or precede)
`
`Merriam Webster Dictionary 2012 (prevent: to keep from
`happening or existing; to hold or keep back: HINDER,
`STOP; to interpose an obstacle)
`
`Collins English Dictionary 2011 (allow: to permit (to do
`something); let)
`
`Merriam Webster 2012 (allow: PERMIT; to forbear or
`neglect to restrain or prevent; to make a possibility)
`
`Bumble may rely on the declaration of an expert witness to
`be disclosed later pursuant to the parties agreement (see April
`2, 2019 Email from John Summers to Rose Whelan).
`
`6
`
`BUMBLE TRADING, INC.
`EXHIBIT 1151
`Page 10 of 10
`
`
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