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US 9,805,349

The US 9,805,349 patent (hereafter, “​Chang​”) filed on April 18, 2013 and claimed
priority to an earlier application filed on November 22, 2007. ​Chang ​discloses a method to
deliver software packages over a computer network based on user demand. The prosecution
history and the later litigation document show the distinguishable features to be “a user
identification module” that identifies a subscribing user’s device and also stores information
about the subscription. The subscription information may be different types or amounts of access
to different software packages. Claim 1 is treated as the representative claim of ​Chang​. The
alleged invention in claim 1 recites a method of accepting a subscription request from a user,
sending the user a user identification module that identifies the user’s device and stores the
user’s subscription information. Claim 1 further recites that a server can then deliver the software
packages upon user request. Prior to delivery, the server can verify the user identity and its
subscription level by requesting information from the user identification module. However, there
was nothing innovative about a method that employs a single module for both identification and
storing subscribing information in 2007, as demonstrated by US 6,584,454 patent (hereafter,
“​Hummel​”) addressed below.

Hummel ​(filed on December 31, 1999 in the U.S. without a claim for an earlier priority
date) relates to a method and system for delivery protected software packages to only authorized
users through a computer network. ​Hummel ​further disclosed a method of sending the user a set
of data that includes user identification and subscription information. This set of data can then
later be used by a server to verify user identity and to check subscription information.

A sample claim chart comparing ​Chang to ​Hummel reference is provided below. The
patent owner’s constructions of the terms “web store” and “user identification module” are
adopted. As advanced by the patent owner, “web store” takes a plain and ordinary meaning or
“an ecommerce location offering software application packages for download and that is
accessed via a computer network.” Joint Claim Construction Statement, at 5, Nov. 12, 2019.
Similarly advanced by the patent owner, “user identification module” takes a plain and ordinary
meaning or “a logical unit capable of recording subscription information and that identifies a
user” and the module can be hardware, software or a combination thereof. ​Id.​ at 3.

US 9,805,349 (“​Chang​”) US 6,584,454 (“​Hummel​”)

1.pre. ​A method for providing
software applications through a
computer network based on user
demands, the method comprising:
Hummel ​discloses a “method for allowing access to a
protected software application (providing software
applications) by a remote system user via a network
(through a computer network), comprising the steps of [...]
said remote system user sending a request for access to a

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1.a. ​accepting, through a web
store, a subscription of one or
more software application
packages from a user;
1.b.i ​sending, to the user, a user
identification module configured
to control access of said one or
more software application
packages, and coupling the user
identification module to a client
terminal device of the user;
1.c. ​a server device authenticating
the user by requesting
subscription information of the
user from the user identification
module through the computer
network;
1.d. ​upon authentication of the
user, the server device providing,
to the client terminal device of
the user, a listing of one or more
software application packages
subscribed through the web store
in accordance with the
subscription information;
particular protected software application (based on user
demands)." See ​Hummel​ at 14:15-37 (parenthetical added to
show parallel with ​Chang​).
Hummel ​further discloses a web store in the form of a
"database 116 includes remote site data, contract or
subscription data, contact or user data, and business rules
(i.e., community definitions).” In ​Hummel​, the term
“community” refers to a group of remote system users
having a particular set of access rights" (i.e., the users’
subscription information). ​Id. ​at 8:35-48.
In ​Hummel,​ the user’s system is a “remote system,” and the
“user identification module” is “the log-in cache” of the
agency module. ​Id. ​at 11:28-34.
Hummel​ discloses an agency module log-in cache that
incorporates user information and subscription information
by integrating the policy server log-in cache that stored an
authenticity tag and the user information. ​Id. ​at 11:28-32.
From the policy server, the authenticity tag incorporated
business rules that determine the access level of software,
i.e. “subscription information” in ​Chang​. ​Hummel​,
Abstract.
In ​Hummel, ​the second webs server is “a server device”
similar to the disclosure in ​Chang.​ The second web server
inquire the user subscription service by requesting the user
information and authenticity tag. ​Hummel​. at 11:41-46.
In ​Hummel,​ “the web pages 124 may be an applications
web page which displays a multiplicity of virtual
application selection buttons for selecting any one of a
multiplicity of remotely accessible service-related (open or
protected) software applications residing at the web servers
110.” ​Id​. at 9:18-22.
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1.e. ​the server device receiving, In ​Hummel,​ after the user is presented with a list of
from the client terminal device protected softwares, the user will make a selection and the
and through the computer server will receive the user’s selection. ​Id​. at 9:34-38.
network, a selection of a first
software application package
from said listing of one or more
software application packages;

1.f. ​the server device transmitting In ​Hummel​, “the associated web server then download the
the first software application protected software application to the remote system.” ​Id.​ at
package to the client terminal 9:48-56.
device through the computer
network; and

1.g. ​executing the first software Hummel ​discloses that software from a software vendor
application package by a may reside in the customer’s environment, i.e. installed in
processor of the client terminal the user’s system after the user receives the software
device using resources of an package from the vendor. ​Id.​ 1:26-30.
operating system resident in a
memory of the client terminal
device.

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