Invalidity dossier
US 6021439
Added 9/23/2026, 4:38:54 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for litigation and docket information on this specific patent number, then summarize.
Let me run a few more targeted searches to check for litigation, PTAB proceedings, and current ownership.
Search result: no litigation found
Before the summary, an important negative finding:
No USPTO post-grant proceeding and no CAFC 2026 docket activity involving US 6,021,439 was found. My searches returned:
- 2026 Federal Circuit activity exists (e.g., Fed. Cir. No. 2026-2012, Contour IP Holding LLC v. GoPro, Inc., docketed July 8, 2026; Ascendis Pharma A/S v. BioMarin Pharm. Inc., No. 2026-1026, decided March 26, 2026) — none of these involve this patent.
- No PTAB/IPR/reexam record, no infringement complaint, and no invalidity contention chart identifying US 6,021,439.
- Caution on identifier collisions: searching the bare string "6021439" is dominated by an unrelated JP 6021439 B2 (Canon K.K., "固体撮像装置" / solid-state image pickup device, filed 2012-05-25, registered 2016-11-09) and by stray table rows in district-court documents (e.g., N.D. Cal. 5:2011-cv-01846) where "6021439" appears only as an artifact of a keyword-search-string list, not as an asserted patent. I did not treat any of those as hits for US 6,021,439.
I have no authoritative evidence that this patent has ever been litigated. State that as uncertainty, not as proof of absence.
Summary of US 6,021,439
| Field | Value |
|---|---|
| Title | Internet quality-of-service method and system |
| Patent number | US 6,021,439 A |
| Application number | US 08/970,411 |
| Inventors | John J. E. Turek; Brian Jay Vetter |
| Assignee | International Business Machines Corporation (original assignee per the record); listed current assignee "International Business Machines Corp" |
| Filing date | November 14, 1997 |
| Priority date | November 14, 1997 |
| Issue date | February 1, 2000 |
| Status | Expired – Lifetime (anticipated expiration November 14, 2017) |
| Claims | 31 total (8 independent: 1, 2, 13, 16, 20, 26, 27, 28) |
| Classification | G06F 11/34, H04L 67/02, H04L 69/329, etc. |
Abstract (verbatim): "A method of identifying quality-of-service problems associated with a given Web server in a computer network. The Web server includes a Web page having a token declaring that quality-of-service information is to be collected. When the Web page is received at a Web client having the capability to collect the information, an indication is provided to the Web client user that the information is being collected. The collected quality-of-service information is then uploaded, preferably without any information identifying the user, either to the Web server that served the page or to a management server."
Core technical disclosure: the "instrumented" Web server / "instrumented" client architecture. A Q-o-S-enabled page carries a token (an embedded markup tag, optionally encoded or encrypted) that signals the browser to collect Q-o-S data. Metrics are derived from the timing model r = x + y + z (x = request transit, y = server processing time, z = response transit), with "Internet delay" = x + z. Exception events include broken links, server response time over threshold, Internet delay over threshold, and applet byte-code verification over threshold. Q-o-S data is uploaded anonymously to the serving Web server or to a management/proxy server, which stores, evaluates, notifies, and supports central scaling. Collection may be built into the browser, or delivered as a plug-in, standalone Java application, or Java applet; server-side components include a database, an evaluation mechanism, a correction mechanism, and a notification mechanism. The specification incorporates by reference copending application Ser. No. 08/924,986, filed Aug. 8, 1997, "WORLD WIDE WEB END USER RESPONSE TIME MONITOR," for the sequential-HTTP-request upload technique.
Plain-language overview of each independent claim
Claim 1 — the Web page itself (product claim). The claim covers a Web page formatted in a markup language on a content host in a network. It has a base HTML document plus a token that restricts given information from being divulged to a third party without the content host's consent — that "given information" being data about a quality-of-service metric tied to the content host, collected as the page is pulled across the network. The distinctive limitation is the consent/restriction function of the token, not merely the collection flag.
Claim 2 — the basic Q-o-S measurement method. Download a Web page from a server to a browser-running client, where the page includes a token declaring to the browser that Q-o-S information is to be collected; in response to receiving that page/token, collect Q-o-S information at the client; then upload the collected information from the client to a given location for later use. This is the broadest method claim — the three-step download / collect / upload loop.
Claim 13 — the managed/notification method. Like claim 2, but the upload goes specifically to a management server, and the management server then provides a notification about a given quality-of-service (e.g., alerts the served site to an outage or exception). Note this claim contains a drafting inconsistency — it recites "downloading an object" but then recites collecting in response to "receipt of the Web page including the token." I quote it literally; I am not correcting it.
Claim 16 — the client-side computer program product. A program on a computer-readable medium for a browser-equipped Web client, with three means: (a) means for determining, upon receipt of a page from the server, whether Q-o-S information is to be collected; (b) means for collecting that information responsive to the determining means; and (c) means for uploading it to a given network location. This is the software-product counterpart to claim 2.
Claim 20 — the client computer (apparatus). A computer usable as a network client, having a processor with an operating system, a Web browser, and Q-o-S monitoring means associated with the browser: means, upon the browser receiving the token-bearing page, for collecting the Q-o-S information, and means for uploading it to a given network location. Notably, claim 20's independent scope omits the notifying/displaying element (that appears only in dependent claim 21).
Claim 26 — the management server. A server in a network of instrumented Web servers (at least one serving a page with a Q-o-S-declaring token), comprising: means for storing Q-o-S information uploaded from client(s); means for evaluating that information to determine whether a Q-o-S problem occurred for the page; and means, responsive to the evaluation, for providing a notification of a given quality-of-service.
Claim 27 — the instrumented Web server. A Web server supporting a page with a Q-o-S-declaring token, comprising: means for storing uploaded Q-o-S information from client(s); means for evaluating that information to determine whether a Q-o-S problem occurred; and means, responsive to the evaluation, for taking a predetermined action to rectify the problem. The "rectify" element distinguishes it from claim 26's "notification."
Claim 28 — the overall system. A Q-o-S monitoring system: a first instrumented Web server supporting a Q-o-S-enabled page, plus at least one instrumented Web client with a browser that includes means, responsive to receiving the Q-o-S-enabled page, for collecting the Q-o-S information and for uploading it back onto the network. Claim 28's independent scope again does not require user notification; that is added by dependent claim 29, and anonymity by dependent claim 30.
Representative dependents: 3–6 add exception-event logging (broken link; Internet response time above threshold; applet download time above threshold); 7 and 15 add displaying an indication to the user; 8, 14, 19, 22, and 30 add anonymity / masking of user-identifying data; 9 vs. 10 route the upload to the serving server vs. a management server; 11 adds management-server notification of an exception event; 12 specifies the Internet; 17–18 add token identification and display; 23–25 specify a browser plug-in, a browser-running applet, and exception events; 31 adds a second instrumented Web server plus a server that notifies one of the first and second servers.
Uncertainty notes
- Assignee history: the authoritative record I have shows IBM as original and current assignee. One third-party aggregator (Unified Patents portal) surfaced an "Assignee: Microsoft Technology Licensing LLC" string adjacent to the US-6021439-A entry, but the surrounding text is a badly jumbled list of cited-by references, so I do not treat that as evidence of an assignment of this patent. I have not verified any later IBM assignment or transfer chain beyond the original assignment recorded 1997-11-14.
- Litigation: I found no authoritative evidence of any lawsuit, appeal, or PTAB challenge on US 6,021,439. Absence of search hits is not proof of absence, and my searches were not a complete docket sweep.
- Claim 13 is quoted as issued, including its apparent antecedent-basis inconsistency, per the instruction not to auto-correct patent text.
Generated 9/26/2026, 8:16:07 AM
Cases on file (0)
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Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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