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Iconfind, Inc v. Google

November 1, 2012

ICONFIND, INC.,
PLAINTIFF,
v.
GOOGLE, INC., DEFENDANT.



The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

CLAIM CONSTRUCTION ORDER

This order issues following consideration of each party's brief and argument concerning the meaning of certain terms and phrases in Plaintiff Iconfind, Inc.'s ("Iconfind") U.S. Patent No. 7,181,459 ("the '459 Patent"). The '459 Patent is titled "Method of Coding, Categorizing, and Retrieving Network Pages and Sites." The background section of the '459 Patent states: "The present invention relates generally to methods for categorizing and searching for information on a network and, more specifically, to categorizing and searching Web pages on the Internet." ('459 Patent 1:22-25.) Iconfind alleges in its complaint that Defendant Google, Inc. ("Google") infringes the '459 Patent by its "use, ownership and operation of websites in which it incorporates and facilitates Creative Commons licenses, including but not limited to Google Knol, Google Books and Google Picasa."

The parties dispute the meaning of the bolded terms and phrases below in independent claims 1, 30, 31 and dependent claim 6 of the '459 Patent:

Claim 1

A computer implemented method of categorizing a network page , comprising: providing a list of categories, wherein said list of categories include a category for transacting business and a category for providing information, and wherein said list of categories include a category based on copyright status of material on a page; assigning said network page to one or more of said list of categories; providing page a categorization label for the network network page using the copyright status of material on the ; and controlling usage of the network page using the categorization label and the copyright status of the network page.

Claim 6 The method of claim 1, wherein said plurality of categories based on the copyright status comprise categories of material on related to public domain, a page fair use only, use with attribution, and permission of copyright owner needed.

Claim 30

A computer implemented method for a network page

categorizing

, comprising: providing a list of categories, wherein said list of categories include a category for transacting business and a category for providing information, and wherein said list of categories include a plurality of categories based on the copyright status of material on a page; network providing page a categorization code for labeling the with a categorization label, wherein categories said categorization label indicates a set of and subcategories to which the network page is assigned, and wherein said categorization label network page indicates the copyright status of material on the ; and controlling usage of the network page using the categorization label and the copyright status of the network page.

Claim 31

A computer implemented method of categorizing a , comprising: providing a list of categories, wherein said categories include a category based on the copyright status of material on a page, and wherein the categories to copyright public domain, status comprises related fair use only, use with network page attribution, and permission of copyright owner needed assigning

; said network page to one or more of a plurality of said list of categories; page providing a categorization label for the network network page using the copyright status of material on the

; and controlling usage of the network page using the categorization network page label and the ...


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