Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Exhibit D

Interested in this case?

Current View

Full Text

2 Exhibit D 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC Plaintiff, No. 6:18-cv-00080-ADA v. BUMBLE TRADING INC. and JURY TRIAL DEMANDED BUMBLE HOLDING, LTD., 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 2 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 2 Exhibit A 2 EXHIBIT A Match's Proposed Constructions Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support graphical representation of a '811 patent, Not indefinite. Plain and '023 Patent at 21:24- Match intends to rely on expert testimony first [second, third, fourth] claims 1, 4, and ordinary meaning. 28; 21:40-45; 23:29-33; in the form of a declaration from Dr. potential match. . . 7/ '854 patent, Fig. 1F; Figs. 6-8. Mark Jones, a professor of Electrical and claims 1, 4, 7, Match believes that this Computer Engineering at Virginia Tech, graphical representation of a and 10 term should be construed '023 FH, 1/22/2018 regarding this term, and the following is a first [second] item of according to its plain and Response brief description of the contents of the information; *** ordinary meaning. Accompanying RCE at declaration: Nevertheless, based on 12-13. 1. the general field and technology of graphical representation of a '023 patent, Bumble's position in its the asserted patents; first [second] online dating claims 1, 2, 3, invalidity contentions and 2. why Match's proposed profile and 5 in its pending IPR construction is proper; proceeding concerning 3. what makes a graphical graphical representation of a the '811 Patent, it appears representation of a. . . potential first [second] online dating that Bumble is seeking to match/item of information/online dating profile expand the scope of this profile; term behind its the plain 4. characteristics, background, nature, graphical representation of the and ordinary meaning. In function, and operation of an online first [second] user. light of this apparent dating profile(s); and dispute, Match proposes 5. how a person having ordinary skill that the plain and in the art would have understood the ordinary meaning of the terms in light of the intrinsic and term is: extrinsic evidence. Pictorial portrayal of a Dr. Jones may also include an analysis of first [second, third, Defendants' construction, if one is fourth] potential offered. match. . . . The Authoritative Dictionary of IEEE Standard Terms (7th Edition, 2000) 1 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support (definition of "graphical"). *** The Authoritative Dictionary of IEEE Standard Terms (7th Edition, 2000) Pictorial portrayal of a (definition of "representation"). first [second] item of information. The IEEE Standard Dictionary of Electrical and Electronics Terms (6th Pictorial portrayal of a Ed.) (definition of "graphical") first [second] online dating profile. . . The IEEE Standard Dictionary of Electrical and Electronics Terms (6th Pictorial portrayal of the Ed.) (definition of "representation") first [second] user. . . 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") the text area '811 patent, Not indefinite. "The text '811 patent, claim 8. Match intends to rely on expert testimony claims 2, and 5 area" is an obvious in the form of a declaration from Dr. 2 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support typographical error that is '811 Patent FH, May Mark Jones, a professor of Electrical and subject to judicial 26, 2016 RCE at 2-9. Computer Engineering at Virginia Tech, correction. "The text regarding this term, and the following is a area" should read "a text brief description of the contents of the area." 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. associated '811 patent, No construction '023 Patent at 3:57-67; Match intends to rely on expert testimony claims 1, 3 4, 6 necessary/plain and 5:59-64; 6:19-29; in the form of a declaration from Dr. and 7 ordinary meaning. 10:28-32; 13:53-56; Mark Jones, a professor of Electrical and 14:24-25; 20:40-43; Computer Engineering at Virginia Tech, '023 patent, all Match further objects to 21:53-56; 22:16-20; regarding this term, and the following is a claims Bumble's attempt to 22:49-52; Fig. 1F. brief description of the contents of the construe the word declaration: '854 patent, associated outside of the 1. the general field and technology of claims 1, 2, 4, 5, contexts in which it is the asserted patents; 7, 8, 10, and 11 used. 2. why no construction is necessary; 3. what makes something 3 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction 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 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support social networking platform '811 patent, No construction '811 Patent at 19:30- Match intends to rely on expert testimony claims 1, 4, and necessary/plain and 44; 19:45-59; 19:60- in the form of a declaration from Dr. 7 ordinary meaning 20:6; 20:7-15; 23:44- Mark Jones, a professor of Electrical and 55; 24:1-10. Computer Engineering at Virginia Tech, '854 Patent claims regarding this term, and the following is a 2, 5, 8, and 11. 14/059192 FH, Oct. 21, brief description of the contents of the 2013 Preliminary declaration: Amendment. 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. automatically/ automatically '811 patent, Not indefinite. No '023 Patent at 6:11-18; Match intends to rely on expert testimony causing the graphical user claims 1, 4, and construction 6:35-51; 21:27-31; in the form of a declaration from Dr. interface to display/ 7 necessary/plain and 22:6-8; Figs. 6-8. Mark Jones, a professor of Electrical and automatically cause the ordinary meaning. Computer Engineering at Virginia Tech, interface to remove/ '023 patent, 1, 3 '023 Patent at 21:12- regarding this term, and the following is a automatically presenting. . . in and 5 16; 21:60-63; Figs. 6-8. brief description of the contents of the response to detecting the declaration: gesture / automatically present 1. the general field and technology of 5 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support. . . . in response to the the asserted patents; processor detecting the 2. why no construction is necessary; gesture/ automatically 3. what constitutes "automatically"; removing. . . in response to 4. characteristics, background, nature, detecting the gesture / function, and operation of an online automatically remove. . . in dating profile(s); and response to detecting the 5. how a person having ordinary skill gesture 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"). 6 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support prevent[ing] communication '811 patent, Not indefinite. No '811 Patent at 22:40- Match intends to rely on expert testimony claims 1, 4, and construction 44; 22:61-23:30; 23:31 in the form of a declaration from Dr. 7 necessary/plain and -34; 23:60-64; Figs. 10 Mark Jones, a professor of Electrical and ordinary meaning. and 11. Computer Engineering at Virginia Tech, regarding this term, and the following is a '811 Patent at 5:48-51; brief description of the contents of the 22:10-18; 24:34-38. 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"). allow[ing]/ without allowing '854 patent, No construction '811 Patent at 22:40- Match intends to rely on expert testimony claims 1, 3, 4, 6, necessary/plain and 44; 22:61-23:30; 23:31 in the form of a declaration from Dr. 7 2 Claim Term Patent Claims Match's Proposed Intrinsic Evidence in Extrinsic Evidence in Support Construction Support 7, and 10 ordinary meaning. -34; 23:60-64; Figs. 10 Mark Jones, a professor of Electrical and and 11. Computer Engineering at Virginia Tech, regarding this term, and the following is a '811 Patent at 5:48-51; brief description of the contents of the 22:10-18; 24:34-38. 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