IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Civil Action No. 2:18-cv-00502-JRG-RSP
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`______________________________________
`UNILOC 2017 LLC,
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`Plaintiff,
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`v.
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`
`
`GOOGLE LLC,
`
`
`
`
`Defendant.
`______________________________________
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` JURY TRIAL DEMANDED
`
`DEFENDANT GOOGLE LLC’S CLAIM TERM DISCLOSURES
`
`Pursuant to Patent Rule 4-2 and Docket Control Order (D.I. 39), Defendant, Google LLC,
`
`submits its preliminary claim constructions below. Defendant bases these constructions upon its
`
`current knowledge, understanding, and belief as to the facts and information as of this date.
`
`Defendant reserves the right to modify this list of terms and constructions as claim construction
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`proceeds and in response to proposed constructions by Uniloc 2017 LLC (“Uniloc”), any changes
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`to Uniloc’s infringement allegations, or any new information learned through discovery.
`
`Term
`
`Proposed Construction
`
`Extrinsic Evidence
`
`web page/ webpage
`
`html file identified by a web
`address that is sent by a web
`server
`
`
`
`Random House Concise Dictionary of
`Science & Computers © 2004 “Web page”
`in computing, a hypertext document on the
`World Wide Web
`
`The Penguin Concise Dictionary of
`Computing © 2003 “Web page” The basic
`unit of information published on the World
`Wide Web. It consists of a document
`(perhaps including multimedia content
`such as images, video clips and sounds)
`that is encoded in HTML and stored on a
`computer running a web server, so that it
`can viewed remotely via the Internet using
`
`Page 1 of 13
`
`GOOGLE EXHIBIT 1008
`
`

`

`a web browser. The Hypertext Transfer
`Protocol (HTTP) that lies at the heart of the
`web works by requesting a single web page
`at a time, so a new page is requested every
`time the user clicks on a link. Beyond the
`limited formatting features supported by
`HTMP (variable type sizes and colours,
`tables, etc) many more functions (such as
`database searches, calculations, or complex
`graphical animations) can be embedded
`into web pages by creating links to external
`programs, using various methods including
`CGI scripts, JAVA applets, and ACTIVEX
`objects.
`
`The Authoritative Dictionary of IEEE
`Standards Terms, 7th Ed. © 2000 “Web
`page” A digital multimedia object as
`delivered to a client system. A web page
`may be generated dynamically from the
`server side and may incorporate applets or
`other elements active on either the client or
`server side.
`
`Oxford Dictionary of Computing, 6th Ed.
`© 2008, “Web Page” A *hypertext
`document on the *world wide web.
`
`Oxford Dictionary of Computing, 6th Ed.
`© 2008, “Hypertext.” A generic term
`covering a num-ber of techniques used to
`create and view multidimensional
`documents, which may be entered at many
`points and which may be browsed in any
`order by interactively choos-ing words or
`key phrases as search parame-ters for the
`next text image to be viewed (see HOT
`LINK). Generally a *wimp style interface
`is used and tools are provided to help
`struc-ture the text, create indexes of the
`text of a document, and to cross-reference
`between documents. The technique is
`related to full-text database systems.
`Hypertext systems provide facilities for
`windowing viewed text, selecting next
`view by mouse/keyboard marking of text
`
`
`
`2
`
`Page 2 of 13
`
`

`

`fragments, searching the text database or
`indexes, and displaying the new text. See
`also HYPERMEDIA.
`
`Oxford Dictionary of Computing, 6th Ed.
`© 2008, “World Wide Web”
`(Web, WWW, W3, W3) A distributed
`information service that was developed at
`CERN, the European Laboratory for
`Particle Physics, Geneva, in the early
`1990’s. The Web is a large-scale
`distributed *hypermedia system that is
`based on cooperating *servers attached to a
`network, usually the *Internet, and allows
`access to “documents” containing “links”.
`It is accessed using a workstation that is
`connected to the network and is running a
`suitable utility program, usually a web
`browser. Within the Web, documents are
`presented in hypertext mark-up language
`(*HTML), and may consist of textual
`material or a number of other forms, such
`as graphics, still or moving video images,
`or audio clips. Within a document there
`will be material to be displayed and usually
`one or more links, which in a text
`document appear as highlighted words or
`phrases, or as icons. The links hold
`embedded pointers to other documents
`located elsewhere on the Web by the use of
`a *URL. A URL contains information
`specifying the network protocols to be
`used, the network address of the server
`holding the document, and die local index
`entry for that document. Activating a link,
`typically by positioning the mouse pointer
`over the highlighted text and clicking, will
`cause the workstation to connect via the
`network to the corresponding server, load
`the document and the means of presenting
`the document, and display the document.
`Browsers also allow the workstation to
`download programs and other files, either
`for immediate execution or to be saved for
`future use. Such files are a major source of
`*malware.
`
`
`
`3
`
`Page 3 of 13
`
`

`

`wherein each provided
`web page causes
`
`
`
`
`
`[wherein each provided
`web page causes
`corresponding digital
`media presentation data
`to be streamed]
`
`
`
`
`
`
`
`Newton Telecom Dictionary 24th Edition
`© 2008, “Web Page” An HTML document
`on the Web, usually one of many that
`together make up a Web site.
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony or a written
`declaration regarding how a person of
`ordinary skill in the art would understand
`the term “web page/webpage.”
`wherein each provided html
`Random House Concise Dictionary of
`
`file includes and executes the Science & Computers © 2004 “Web page”
`in computing, a hypertext document on the
`instructions for the1
`World Wide Web
`
`The Penguin Concise Dictionary of
`Computing © 2003 “Web page” The basic
`[wherein each provided html
`unit of information published on the World
`file includes and executes the
`Wide Web. It consists of a document
`instructions to stream the
`(perhaps including multimedia content
`corresponding digital media
`such as images, video clips and sounds)
`presentation data]
`that is encoded in HTML and stored on a
`computer running a web server, so that it
`can viewed remotely via the Internet using
`a web browser. The Hypertext Transfer
`Protocol (HTTP) that lies at the heart of the
`web works by requesting a single web page
`at a time, so a new page is requested every
`time the user clicks on a link. Beyond the
`limited formatting features supported by
`HTMP (variable type sizes and colours,
`tables, etc) many more functions (such as
`database searches, calculations, or complex
`graphical animations) can be embedded
`into web pages by creating links to external
`programs, using various methods including
`CGI scripts, JAVA applets, and ACTIVEX
`objects.
`
`The Authoritative Dictionary of IEEE
`Standards Terms, 7th Ed. © 2000 “Web
`page” A digital multimedia object as
`delivered to a client system. A web page
`
`
`
`
`
`
`1 Accounts for antecedent basis
`
`
`
`4
`
`Page 4 of 13
`
`

`

`may be generated dynamically from the
`server side and may incorporate applets or
`other elements active on either the client or
`server side.
`
`Oxford Dictionary of Computing, 6th Ed.
`© 2008, “Web Page” A *hypertext
`document on the *world wide web.
`
`Oxford Dictionary of Computing, 6th Ed.
`© 2008, “Hypertext.” A generic term
`covering a num-ber of techniques used to
`create and view multidimensional
`documents, which may be entered at many
`points and which may be browsed in any
`order by interactively choos-ing words or
`key phrases as search parame-ters for the
`next text image to be viewed (see HOT
`LINK). Generally a *wimp style interface
`is used and tools are provided to help
`struc-ture the text, create indexes of the
`text of a document, and to cross-reference
`between documents. The technique is
`related to full-text database systems.
`Hypertext systems provide facilities for
`windowing viewed text, selecting next
`view by mouse/keyboard marking of text
`fragments, searching the text database or
`indexes, and displaying the new text. See
`also HYPERMEDIA.
`
`Oxford Dictionary of Computing, 6th Ed.
`© 2008, “World Wide Web”
`(Web, WWW, W3, W3) A distributed
`information service that was developed at
`CERN, the European Laboratory for
`Particle Physics, Geneva, in the early
`1990’s. The Web is a large-scale
`distributed *hypermedia system that is
`based on cooperating *servers attached to a
`network, usually the *Internet, and allows
`access to “documents” containing “links”.
`It is accessed using a workstation that is
`connected to the network and is running a
`suitable utility program, usually a web
`browser. Within the Web, documents are
`
`
`
`5
`
`Page 5 of 13
`
`

`

`presented in hypertext mark-up language
`(*HTML), and may consist of textual
`material or a number of other forms, such
`as graphics, still or moving video images,
`or audio clips. Within a document there
`will be material to be displayed and usually
`one or more links, which in a text
`document appear as highlighted words or
`phrases, or as icons. The links hold
`embedded pointers to other documents
`located elsewhere on the Web by the use of
`a *URL. A URL contains information
`specifying the network protocols to be
`used, the network address of the server
`holding the document, and die local index
`entry for that document. Activating a link,
`typically by positioning the mouse pointer
`over the highlighted text and clicking, will
`cause the workstation to connect via the
`network to the corresponding server, load
`the document and the means of presenting
`the document, and display the document.
`Browsers also allow the workstation to
`download programs and other files, either
`for immediate execution or to be saved for
`future use. Such files are a major source of
`*malware.
`
`Newton Telecom Dictionary 24th Edition
`© 2008, “Web Page” An HTML document
`on the Web, usually one of many that
`together make up a Web site.
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony or a written
`declaration regarding how a person of
`ordinary skill in the art would understand
`the term “wherein each provided webpage
`causes” or the term “wherein each provided
`webpage causes corresponding digital
`media presentation data to be streamed.”
`
`data used to identify at least
`Testimony of Dr. Henry Houh. Dr. Houh
`
`the user and the digital media may provide testimony or a written
`presentation
`declaration regarding how a person of
`
`6
`
`identifier data
`
`
`
`
`Page 6 of 13
`
`

`

`applet
`
`
`
`providing identifier data
`to the user's computer
`using the first computer
`system
`
`ordinary skill in the art would understand
`the term “identifier data.”
`
`Testimony of Dr. Henry Houh. Dr. Houh
`supplying, from the first
`may provide testimony or a written
`computer system to the
`declaration regarding how a person of
`user’s computer, data used to
`ordinary skill in the art would understand
`identify at least the user and
`the digital media presentation
`the term “providing identifier data to the
`
`user’s computer using the first computer
`system.”
`
`Testimony of Dr. Henry Houh. Dr. Houh
`storing data indicative of storing on the first computer
`
`may provide testimony or a written
`the received at least
`system data for each
`declaration regarding how a person of
`repeating pre-programmed
`portion of the identifier
`ordinary skill in the art would understand
`data using the first
`equal time interval that
`the term “storing data indicative of the
`computer system
`equates to the at least portion
`of the data used to identify
`received at least portion of the identifier
`
`the user and the digital media data using the first computer system.”
`presentation
`
`a software component that
`The Penguin Concise Dictionary of
`
`runs in the context of another Computing © 2003 “Applet” A small
`program in a web browser
`program that is temporarily loaded into and
`executed within a larger application
`program to add some extra function. A
`common example is the Java applet, a
`small section of Java code that is
`downloaded along with a web page and is
`executed when the page is viewed in a web
`browser to produce, say, an animated
`graphic.
`
`Oxford Dictionary of Computing, 6th Ed. ©
`2008 “Applet” see Java; “Java” A
`language for object-oriented programming
`on the Internet, especially applicable to the
`World Wide Web; it was developed from
`1990 at Sun Microsystems by P. Naughton
`. . . Java is optimized for small networked
`applications that are dynamically
`downloaded across the Internet. These
`small programs, known as applets, can
`react to user input.
`
`Newton Telecom Dictionary, 24th Edition
`© 2008, “Applet” Mini programs that can
`be downloaded quickly and used by any
`
`
`
`7
`
`Page 7 of 13
`
`

`

`computer equipped with a Java-capable
`browser. Applets carry their own software
`players. See Java.
`
`Newton Telecom Dictionary, 24th Edition
`© 2008, “Java.” A programming language
`from Sun Microsystems designed primarily
`for writing software to leave on Internet
`Web sites and downloadable over the
`Internet to a PC owned by you or me. . . .
`What’s a Java application? According to
`Wired Magazine, point to Ford Motor
`Company’s website today, for instance,
`and all you’ll get are words and pictures of
`the latest cars and trucks. Using Java,
`however, Ford could relay a small
`application (called an applet) to a
`customer’s computer (the one on your desk
`which you are using to surf the Internet).
`The customer could then customize options
`on an F-series pickup while calculating the
`monthly tab on various loan rates offered
`by a finance company or local bank. Add
`animation to these applications and you
`could get to “drive” the truck.
`
`Dictionary of Computer and Internet
`Terms, 10th Edition © 2009, “Applet.” An
`application program that is downloaded
`automatically through a World Wide Web
`browser and executed on the recipient’s
`machine. Applets are normally written in
`Java.
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony or a written
`declaration regarding how a person of
`ordinary skill in the art would understand
`the term “applet.”
`
`
`equates to the amount of time Testimony of Dr. Henry Houh. Dr. Houh
`that a digital media
`may provide testimony or a written
`presentation data is
`declaration regarding how a person of
`transferred as a substantially
`ordinary skill in the art would understand
`
`steady and continuous stream the term “is indicative of an amount of time
`from the second computer
`the digital media presentation data is
`
`8
`
`is indicative of an
`amount of time the
`digital media
`presentation data is
`streamed from the
`second computer system
`to the user’s computer
`
`
`
`Page 8 of 13
`
`

`

`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony or a written
`declaration regarding how a person of
`ordinary skill in the art would understand
`the term “indicative of.”
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony or a written
`declaration regarding how a person of
`ordinary skill in the art would understand
`the term “wherein each stored data is
`together.”
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony or a written
`declaration regarding how a person of
`ordinary skill in the art would understand
`the term “wherein each stored data is
`together indicative of.”
`
`system to the user’s
`computer
`
`streamed from the second computer system
`to the user’s computer.”
`
`indicative of
`
`
`equates to
`
`wherein each stored data wherein the sum of the time
`
`is together
`associated with each stored
`data2
`
`or
`
`wherein the sum of the time
`associated with each set of
`data that is (1) sent to the
`first computer system from
`the user’s computer system
`at the direction of the timer
`applet3, (2) saved on the first
`computer system, and (3)
`represents the amount of
`time that a digital media
`presentation data is
`transferred as a substantially
`steady and continuous stream
`from the second computer
`system to the user’s
`computer
`
`
`wherein each stored data wherein the sum of the time
`is together indicative of
`associated with each stored
`data4 equates to
`
`or
`
`wherein the sum of the time
`associated with each set of
`data that is (1) sent to the
`first computer system from
`
`2 See construction of “each stored data”.
`3 See construction of “Applet”.
`4 See construction of “each stored data”.
`
`
`
`9
`
`Page 9 of 13
`
`

`

`the user’s computer system
`at the direction of the timer
`applet5, (2) saved on the first
`computer system, and (3)
`represents the amount of
`time that a digital media
`presentation data is
`transferred as a substantially
`steady and continuous stream
`from the second computer
`system to the user’s
`computer equates to
`repeating pre-programmed
`equal time interval
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony regarding how a
`person of ordinary skill in the art would
`understand the term “predetermined
`temporal period.”
`
`Testimony of Dr. Henry Houh. Dr. Houh
`receiving, from the user’s
`computer at the direction of
`may provide testimony regarding how a
`the timer applet6 each time a
`person of ordinary skill in the art would
`repeating pre-programed
`understand the term “receiving at least a
`
`equal time interval elapses, at portion of the identifier data from the user's
`the first computer system at
`computer responsively to the timer applet
`least a portion of the data
`each time a predetermined temporal period
`used to identify the user and
`elapses using the first computer system.”
`
`the digital media presentation
`
`a second computer system
`unrelated to the first
`computer system and not
`commonly controlled or
`operated by the same party
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony regarding how a
`person of ordinary skill in the art would
`understand the term “a second computer
`system distinct from the first computer
`system.”
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony regarding how a
`person of ordinary skill in the art would
`understand the term “providing an applet to
`the user’s computer for each digital media
`presentation to be delivered using the first
`computer system.”
`
`
`predetermined
`temporal period
`
`receiving at least a
`portion of the identifier
`data from the user's
`computer responsively
`to the timer applet each
`time a predetermined
`temporal period elapses
`using the first computer
`system
`
`a second computer
`system distinct from the
`first computer system
`
`providing an applet to
`the user’s computer for
`each digital media
`presentation to be
`delivered using the first
`computer system
`
`for each digital media
`presentation delivering an
`applet7 from the first
`computer system to the
`user’s computer
`
`
`
`5 See construction of “Applet”.
`6 See construction of “Applet”.
`7 See construction of “Applet”.
`
`
`
`10
`
`Page 10 of 13
`
`

`

`the stored data
`
`each stored data
`
`
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony regarding how a
`person of ordinary skill in the art would
`understand the term “the stored data.”
`
`Testimony of Dr. Henry Houh. Dr. Houh
`may provide testimony regarding how a
`person of ordinary skill in the art would
`understand the term “each stored data.”
`
`data that is (1) sent to the
`first computer system from
`the user’s computer system
`at the direction of the timer
`applet8 and (2) saved on the
`first computer system
`each set of data that is (1)
`sent to the first computer
`system from the user’s
`computer system at the
`direction of the timer applet9,
`(2) saved on the first
`computer system, and (3)
`represents the amount of
`time that a digital media
`presentation data is
`transferred as a substantially
`steady and continuous stream
`from the second computer
`system to the user’s
`computer
`
`
`
`8 See construction of “Applet”.
`9 See construction of “Applet”.
`
`
`
`11
`
`Page 11 of 13
`
`

`

`
`Dated: September 24, 2019
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Joseph Drayton_____________
`Joseph Drayton
`NY Bar No. 2875318
`COOLEY LLP
`55 Hudson Yards
`New York, NY 10001-2157
`Tel: 212-479-6275
`Fax: 212-479-6275
`Email: jdrayton@cooley.com
`
`Priya B. Viswanath
`CA Bar No. 238089
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`Tel: 650-843-5000
`Fax: 650-849-7400
`Email: pviswanath@cooley.com
`
`Rose S. Whelan
`DC Bar No. 999367
`COOLEY LLP
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004-2400
`Tel: 202-842-7800
`Fax: 202-842-7899
`Email: rwhelan@cooley.com
`
`Michael E. Jones
`State Bar No. 10929400
`mikejones@potterminton.com
`POTTER MINTON LLP
`110 N. College Avenue
`Suite 500
`Tyler, TX 75702
`Telephone: (903) 597-8311
`Facsimile: (903) 593-0846
`
`Attorneys for Google LLC
`
`
`
`
`12
`
`Page 12 of 13
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on September 24, 2019, a true and correct copy of
`
`
`
`the foregoing was served to the parties’ counsel of record via email.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ Joseph Drayton________
`
`
`
`13
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`Page 13 of 13
`
`