Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`
`Plaintiff Express Mobile accuses Defendant Google LLC (“Google”) of making, using, offering for sale, and/or selling in the United
`States and/or importing into the United States Google’s Docs platform, including docs.google.com and the Google Docs mobile app
`available for Apple iOS devices (including iPads, iPhones, and iPod Touch) on Apple’s App Store, Android devices (including phones
`and tablets) on the Google Play Store, and related software and servers (the “Accused Instrumentalities”). The term “Accused
`Instrumentalities” includes the associated computer software and data, associated hardware, and processes and methods related
`thereto. Google directly infringes U.S. Patent No. 9,928,044 (the “’044 Patent”) by making, using, offering for sale, selling in and/or
`importing into the United States the Accused Instrumentalities, which meet each and every limitation of the claims as shown in the
`charts below. Google may have infringed and continues to infringe the ’044 Patent through other software and systems utilizing the
`same or reasonably similar functionality, including other versions of the Accused Instrumentalities. Google has infringed, and
`continues to infringe, at least the claims of the ’044 Patent listed below in the United States by performing and/or directing its users to
`perform one or more steps of the claims and/or conditioning the use of the Accused Instrumentalities and/or receipt of a benefit upon a
`user’s performance of one or more steps, and establishing the manner or timing of that performance. Google conditions the use of its
`service upon the performance of one or more steps of the claimed method of the ’044 Patent by requiring a user to navigate its system
`in an infringing manner, and profits from such an arrangement by charging the certain users a fee for subscribing to the
`service. Google also conditions the receipt of a benefit by a user, i.e., the user benefits by being able to access the system and design a
`Google Docs document, by requiring the user to navigate its system in an infringing manner. Google establishes the manner or timing
`of a user’s performance of one or more steps because the Google software limits how the user can interact with the document creation
`system. The acts of Google’s service providers, such as those that provide infrastructure, hosting, and/or tracking services are also
`attributable to Google, at least because Google receives the services of these service providers by agreement. An analysis of the
`contracts between these parties will be necessary to fully and accurately describe the reasons their acts are attributable to Google and,
`accordingly, Plaintiff reserves the right to supplement these infringement contentions once such information is made available to
`Plaintiff.
`
`Google markets Google Docs both individually and as a product through Google Workspace (formerly known as G Suite), which
`includes Google Docs as a service for a monthly per user fee. Plaintiff accuses both Google Docs in an individual capacity and
`Google Docs as part of Google Workspace, as well as any other offerings or versions of the Google Docs platform or system.
`
`Google induces infringement of the ’044 Patent by providing to third parties including users, customers, agents and others the
`Accused Instrumentalities to utilize in an infringing manner, as charted below, and intends to cause infringement by such third parties
`as Google instructs and/or controls and directs third parties to use the Accused Instrumentalities in an infringing manner, including
`without limitation by instructing the users to operate Google products, such as those located at docs.google.com. Google also
`provides support services for the Accused Instrumentalities, including providing instructions, guides, online materials and technical
`support.
`
`
`
`1
`
`Page 1 of 723
`
`GOOGLE EXHIBIT 1046
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`
`Google contributes to infringement of the ’044 Patent by providing its document creation service and/or software to its subscribers,
`which comprises the claimed system and steps, as charted below. Google knows portions of the Accused Instrumentalities to be
`especially made or especially adapted for use in infringement of the ’044 Patent, and not to be staple articles, and not to be
`commodities of commerce suitable for substantial noninfringing use.
`
`The asserted claims include elements that are implemented, at least in part, by proprietary and specialized firmware and/or software in
`the Accused Instrumentalities. The precise designs, processes, and algorithms used in them are held secret, at least in part, and are not
`publicly available in their entirety. An analysis of Google’s documentation and/or source code may be necessary to fully and
`accurately describe all infringing features and functionality of the Accused Instrumentalities and, accordingly, Plaintiffs reserve the
`right to supplement these contentions once such information is made available to Plaintiffs. Furthermore, Plaintiffs reserve the right to
`revise these contentions, including as discovery in the case progresses, in view of any non-infringement arguments Google may make
`(e.g., to allege infringement under the doctrine of equivalents), in view of the Court's final claim construction in this action and in
`connection with the provision of expert reports.
`
`
`
`
`
`
`
`Claim
`1. A system for generating code
`to provide content on a display of
`a device, said system comprising:
`
`Accused Instrumentalities
`The Accused Instrumentalities comprise a system for generating code to provide content on a display of a
`device.
`
`As shown below, the Google Docs system provides dynamically generated and editable content
`comprising user-designed documents through an authoring tool and environment.
`
`2
`
`Page 2 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`
`3
`
`Page 3 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`4
`
`Page 4 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`5
`
`Page 5 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`6
`
`Page 6 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`
`
`
`7
`
`Page 7 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`computer memory storing:
`
`Accused Instrumentalities
`
`Live as of October 20, 2020
`
`The Accused Instrumentalities store the content and settings adjustments in a database consisting of
`computer memory as shown below. A user can save and return to a given document, and all of their
`settings are reflected and preserved, both in the editor and in the preview. A user can also save sets of
`specific user selectable settings (such as “Styles”) for use across multiple documents, as shown below.
`
`
`8
`
`
`
`
`
`Page 8 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`9
`
`Page 9 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`10
`
`Page 10 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`
`
`
`11
`
`Page 11 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`a) symbolic names required for
`evoking one or more web
`components each related to a set
`of inputs and outputs of a web
`service obtainable over a
`network, where the symbolic
`names are character strings that
`do not contain either a persistent
`address or pointer to an output
`value accessible to the web
`service, where each symbolic
`name has an associated data
`format class type corresponding
`to a subclass of User Interface
`(UI) objects that support the data
`format type of the symbolic
`name, and where each symbolic
`name has a preferred UI object,
`and
`
`Accused Instrumentalities
`The Accused Instrumentalities include symbolic names required for evoking one or more web
`components each related to a set of inputs and outputs of a web service obtainable over a network,
`where the symbolic names are character strings that do not contain either a persistent address or pointer
`to an output value accessible to the web service, where each symbolic name has an associated data
`format class type corresponding to a subclass of User Interface (UI) objects that support the data format
`type of the symbolic name, and has a preferred UI object.
`
`The Accused Instrumentalities’ creation tool allows a user to select from a variety of different web
`components (such as styles applied to an entire document or portions thereof, or a document itself), and
`each document has its own set of unique user selectable settings. For example, as shown below, a user
`can customize the “default styles” available when editing a document. These default styles are saved to
`the Google database and reflected in the styles pane for any document across any device used by the
`user, giving that symbolic name, such as a parameter name, to that preferred UI object. Also, as shown
`below, a user can customize sections of the document using these styles. The inputs and outputs of the
`web service are shown (for example, input being the individual modifications that make up a style to be
`saved, and the output being the preview of that style saved in the default styles bar and the modifications
`to be applied to any text given that style). These defined UI objects are selected by a user of the
`authoring tool as they edit the content of the document or the default styles. The symbolic names for
`these styles are character strings not containing either a persistent address or pointer to an output value
`accessible to the web service.
`
`
`12
`
`
`
`
`
`Page 12 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`13
`
`Page 13 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`
`
`14
`
`Page 14 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`15
`
`Page 15 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`16
`
`Page 16 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`17
`
`Page 17 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`18
`
`Page 18 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`19
`
`Page 19 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentality with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`
`
`20
`
`Page 20 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`b) an address of the web service; The Accused Instrumentalities store an address of the web service. As described above, the computer
`memory stores both the document itself and a persistent address of the web service that relates to that
`document saved by a user. As shown below, a user accessing saved Docs does so by referencing that
`persistent address (shown below after the saved Doc is selected).
`
`
`
`
`
`
`21
`
`
`
`
`
`Page 21 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`an authoring tool configured to:
`define a UI object for
`presentation on the display,
`
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities comprise an authoring tool configured to define a UI object for
`presentation on the display as shown below. A user can configure individual UI objects, including for
`example each individual document as well as a style of a section of the document and selectable styles of
`text to be displayed by the corresponding UI objects in the editing display.
`
`
`
`
`22
`
`
`
`
`
`Page 22 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`
`
`23
`
`Page 23 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`24
`
`Page 24 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`
`
`25
`
`Page 25 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`26
`
`Page 26 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`27
`
`Page 27 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`28
`
`Page 28 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`29
`
`Page 29 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`30
`
`Page 30 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentality with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`
`
`
`31
`
`Page 31 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`where said defined UI object
`corresponds to a web component
`included in said computer
`memory selected from a group
`consisting of an input of the web
`service and an output of the web
`service, where each defined UI
`object is either: 1) selected by a
`user of the authoring tool; or 2)
`automatically selected by the
`system as the preferred UI object
`corresponding to the symbolic
`name of the web component
`selected by the user of the
`authoring tool,
`
`Accused Instrumentalities
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities comprise said defined UI object, where said defined UI object
`corresponds to a web component included in said computer memory selected from a group consisting of
`an input of the web service and an output of the web service, where each defined UI object is either: 1)
`selected by a user of the authoring tool; or 2) automatically selected by the system as the preferred UI
`object corresponding to the symbolic name of the web component selected by the user of the authoring
`tool.
`
`See above. As shown, the defined UI object, such as the section of text or other content in the
`document, or the editable default styles shown in the customizable styles bar in the editor, correspond to
`the symbolic name, such as a parameter name, of a web component that is stored in Google’s databases
`consisting of computer memory. The group includes inputs and outputs of the web service as shown
`(for example, input being the individual modifications that make up a style to be saved, and the output
`being the preview of that style saved in the default styles bar and the modifications to be applied to any
`text given that style). These defined UI objects are selected by a user of the authoring tool as they edit
`the content of the document or the default styles.
`
`
`32
`
`
`
`
`
`Page 32 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`33
`
`Page 33 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`
`
`34
`
`Page 34 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`access said computer memory to
`select the symbolic name
`corresponding to the web
`component of the defined UI
`object,
`
`Accused Instrumentalities
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentality with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities access the computer memory to select the symbolic name corresponding
`to the web component of the defined UI object.
`
`The authoring tool of the Accused Instrumentalities accesses Google’s database consisting of memory to
`select the symbolic name, such as a parameter name, corresponding to the web component of the defined
`UI object. Examples of these web components of the defined UI objects, and their symbolic names, are
`shown below, including for example an individual document and a customizable text style, both of
`which have symbolic names.
`
`
`35
`
`
`
`
`
`Page 35 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`36
`
`Page 36 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentality with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`
`
`
`37
`
`Page 37 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`associate the selected symbolic
`name with the defined UI object,
`where the selected symbolic
`name is only available to UI
`objects that support the defined
`data format associated with that
`symbolic name,
`
`Accused Instrumentalities
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities associate the selected symbolic name with the defined UI object, where
`the selected symbolic name is only available to UI objects that support the defined data format
`associated with that symbolic name. When the Accused Instrumentalities’ authoring tool creates or
`modifies a UI object, like a document or a style, it is associated with a symbolic name, such as a
`parameter name, unique to that type of UI object in the authoring tool. The authoring tool associates
`this symbolic name with the defined UI object so that it can be referenced by the Google Docs
`environment at a later time. This data is committed to the database by the authoring tool as described
`below.
`
`
`38
`
`
`
`
`
`Page 38 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`39
`
`Page 39 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentalities with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`
`
`
`40
`
`Page 40 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`store information representative
`of said defined UI object and
`related settings in a database;
`
`Accused Instrumentalities
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities are configured to store information representative of the UI objects and
`their settings and associated data in a database, as shown below. The information representative of a
`defined UI object and its settings is stored for later use, which includes settings related to the content and
`layout of UI objects. When a Doc is selected from the list of saved Docs and opened, all of the
`information representative of the selected defined UI objects and the settings related to those objects is
`loaded and displayed to the user. Similarly, when a user saves a new default style, that new default style
`is saved in Google’s database and can be accessed in any document created by that user on any device.
`
`
`41
`
`
`
`
`
`Page 41 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`42
`
`Page 42 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`
`43
`
`Page 43 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`retrieve said information
`representative of said one or more
`said UI object settings stored in
`said database; and
`
`Accused Instrumentalities
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentalities with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities retrieve information representative of the one or more UI object settings
`stored in its database. All data from the Accused Instrumentalities’ environment and data used by the
`individual Doc that is being viewed is stored in the Google database. When a user chooses a UI
`component and edits it or otherwise makes changes, these components and associated data are loaded
`from the Google database where they are stored. When a Doc is selected from the list of saved Docs and
`opened, all of the information representative of the selected defined UI objects and the settings related to
`those objects is loaded and displayed to the user.
`
`As another example, when a Google Docs user updates UI object settings within a Doc, those updated UI
`object settings are stored in a Google database. When another user, or co-author, views the Doc, Google
`Docs retrieves information representative of the one or more updated UI object settings stored in the
`Google database.
`
`
`
`44
`
`
`
`
`
`Page 44 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`45
`
`Page 45 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`An
`analysis of source code may be necessary to fully and accurately describe functionality of the Accused
`Instrumentalities with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`
`46
`
`Page 46 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Accused Instrumentalities
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`
`The Accused Instrumentalities include an authoring tool configured to build an application consisting of
`a web page view from the Google database.
`
`
`
`Claim
`
`build an application consisting of
`one or more web page views from
`at least a portion of said database
`utilizing at least one player,
`where said player utilizes
`information stored in said
`database to generate for the
`display of at least a portion of
`said one or more web pages,
`
`
`
`
`
`47
`
`
`
`
`
`Page 47 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Accused Instrumentalities
`
`Claim
`
`
`
`
`
`
`
`
`
`
`
`48
`
`Page 48 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`49
`
`Page 49 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`
`
`50
`
`Page 50 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`Accused Instrumentalities
`
`
`
`The application is provided, for example, in the form of software files and associated data for the web
`page view(s) that are stored in the Google database.
`
`
`
`51
`
`Page 51 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`
`
`Accused Instrumentalities
`
`
`When a browser is used to access the Accused Instrumentalities, it uses a player which interacts with the
`application and data stored on the Accused Instrumentalities’ server. The player is, for example,
`
`
`
`52
`
`Page 52 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`wherein when the application and
`player are provided to the device
`and executed on the device, and
`
`Accused Instrumentalities
`software provided to the device in connection with the application. The player accesses and renders the
`data to generate the web page viewed by the user. The player operates with the virtual machine (for
`example, Google Chrome uses the V8 virtual machine) and the information stored in the database in
`order to generate and display at least a portion of one or more web pages. The player includes code that
`is device-platform-dependent in order to allow the environment to work across a variety of devices such
`as personal computers (including laptops and desktops), tablets, browsers, and mobile phones.
`
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentalities with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`To the extent that Google contends that its Player does not include “device dependent code,” this
`limitation is nevertheless met through the doctrine of equivalents because any differences
`between Google’s Player code and the claimed Player are insubstantial. Google’s Player code performs
`substantially the same function of ensuring that the Application runs correctly on different device
`platforms. For example, by avoiding executing incompatible code or by invoking compatible code
`depending on the browser, Google’s Player code ensures a web page display correctly in different
`browsers. Google’s Player code performs in substantially the same way by using code within the Player
`that checks for certain device-specific characteristics such as browser type and version. This is
`substantially the same way as using code on a server to query the user device for certain device-specific
`characteristics and send the corresponding compatible code to the device. Google’s Player code achieves
`substantially the same result of a successful execution of the Application. As a result of various
`browser-detection and conditional logical execution code in Google’s Player, Google’s web pages are
`displayed correctly across various browsers.
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`
`The Accused Instrumentalities provide the application and the player to the device to be executed on the
`device. As described above and shown below, when a browser accesses the Accused Instrumentalities,
`the application is provided to the device, for example, in the form of software files and other assets. The
`player code operates with the virtual machine to interpret this software and execute it locally.
`
`53
`
`
`
`
`
`Page 53 of 723
`
`

`

`
`
`
`
`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`
`
`Accused Instrumentalities
`
`An analysis of source code may be necessary to fully and accurately describe functionality of the
`Accused Instrumentalities with respect to this limitation and, accordingly, Plaintiff reserves the right to
`supplement these infringement contentions once such information is made available to Plaintiff.
`
`
`
`54
`
`Page 54 of 723
`
`

`

`Exhibit E-1 (Infringement Contentions for U.S. Patent No. 9,928,044 v. Google Docs)
`
`Claim
`
`when the user of the device
`provides one or more input values
`associated with an input symbolic
`name to an input of the defined
`UI object, the device provides the
`user provided one or more input
`values and corresponding input
`symbolic name to the web
`service, the web service utilizes
`the input symbolic name and the
`user provided one or more input
`values for generating one or more
`output values having an
`associated output symbolic name,
`
`Accused Instrumentalities
`
`
`Source: Screenshots from the Google Docs creation tool at docs.google.com
`Live as of October 20, 2020
`The Accused Instrumentalities, as shown above and discussed throughout, include UI objects (to display
`different types of content) that are configured to receive input and generate visual output.
`
`Interaction by the user with Google Docs allows the authoring tool to store any input values with the
`Google database. The web service also uses that same data to generate and display output values
`associated with these inputs when displaying data from the database to the user.
`
`When a Google Docs user provides one or more input values associated with an input symbolic name to
`an input of the defined UI object, the device provides the user provided one or more input values and
`corresponding input symbolic name to the web service. The web service utilizes the input symbolic name
`and the user provided one or more input values for generating one or more output values having an
`associated output symbolic name.
`
`For example, as shown below, the Google Docs tool allows a user to provide the input symbolic name,
`such as a parameter name, to the web service through their device (here, a laptop computer with a
`browser). The web service utilizes this input to generate the displayed output, which is also associated
`with an output symbolic name, such as a parameter name.
`
`As another example, when another user, or co-author, views the Doc on another device, Google Docs
`utilizes the input symbolic name and user provided one or more input values received from the prior user
`for generating one or more output values having an associated output symbolic name.
`
`
`
`55
`
`
`
`
`
`Page 55 of 723
`
`

`

`
`
`
`
`Exhibit E