Invalidity dossier
US 8682961
Hyperlink with graphical cue
Current assignee: Nouryon
Added 9/24/2026, 4:23:26 AM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll research this patent. Let me start with searches on the patent number and related litigation.
Let me dig deeper into the patent's claims and any litigation history.
Let me look into the 2026 litigation involving this patent and confirm details.
US Patent 8,682,961 — "Hyperlink with Graphical Cue"
Identification (literal reading of the record)
| Field | Value | Source |
|---|---|---|
| Patent number | US 8,682,961 B2 | Google Patents / FPO |
| Title | Hyperlink with graphical cue | both |
| Application no. | 12/334,068 | Google Patents |
| Pre-grant publication | US 2009/0193349 A1 (Jul. 30, 2009) | Google Patents |
| Inventor | Gal Arav, Bedford, MA (US) | FPO / Google Patents |
| Original assignee | Boadin Tech LLC (later assignments to Aloft Media LLC, Stragent LLC) | Google Patents |
| Assignee per FreePatentsOnline | Boadin Technology, LLC, Newark, DE | FPO |
| Filing date | Dec. 12, 2008 | both |
| Issue date | Mar. 25, 2014 | both |
| Priority date | Mar. 20, 2006 (claimed) | Google Patents |
| Related application | Continuation of Ser. No. 11/384,957, filed Mar. 20, 2006, now U.S. Pat. No. 7,529,795 ("Message Board Aggregator"); which in turn claims Prov. Ser. Nos. 60/784,141 and 60/784,140, both filed Mar. 20, 2006 | Google Patents (Description) |
| Classification | G06F40/134 (Hyperlinking); G06F3/04842; G06Q10/107 | Google Patents |
Note on dates: the Google Patents "related-application" narrative and the FPO/assignee data are internally consistent, but the priority date is claimed, not adjudicated — see the litigation section, where accused parties challenge it.
Abstract (verbatim)
"A computer program provides a first set of representations (e.g., textual representations) of a first set of hyperlinks. In response to selection by a user of one of the first set of hyperlink representations (such as by clicking on or hovering a cursor over the representation), the program displays a second set of representations (e.g., graphical representations) of a second set of hyperlinks. The user may select one of the second set of representations, in response to which the program navigates to the destination of the hyperlink. The second set of representations may, for example, be logos of companies, and the second set of hyperlinks may be hyperlinks to the companies' web sites."
Plain-language overview of the disclosure
The specification is a two-tier ("cascading") hyperlink menu:
- A page shows a first set of text link representations (e.g., categories such as "World News," "Business News," "Stock Research," "UK News") in a first frame (504a, Fig. 5A; 102a/"104a" in the '349 publication).
- On selection of one of those text links — by click or by hovering the cursor — the system displays a second set of link representations (504b/504c) whose members are graphic images, e.g., company/site logos (Fig. 5A cites the bigcharts.com logo as linking to www.bigcharts.com).
- Selecting one of the graphical representations navigates the browser, with the destination rendered in a second frame (502b).
- Hover-triggering is said to be feasible with AJAX, pre-downloading the logos with the page so the second set appears "essentially instantaneously" without additional server round-trips.
- The background frames the problem: plain text links don't reveal their destination, while standalone graphical links consume too much "visual real estate" — so the invention layers graphics behind a compact text affordance.
Important caveat: the authoritative full text supplied to me contains the abstract, description, and figures list but is truncated before the numbered claims. FPO's page (retrieved via search) shows the abstract and bibliographic data but did not surface claim text either. I therefore cannot quote or number the independent claims of 8,682,961 with confidence, and I will not invent claim language. What can be stated reliably (from the "Summary of the Invention" that the claims are expected to track, and from the sibling patent in the same family, US 8,683,003, app. 12/334,093, filed the same day with the identical title and abstract) is the general scope:
- Continuation status: U.S. 8,683,003 B2 is a same-day sibling of 8,682,961, from the same inventor, with the identical title/abstract and the same parent ('957). The '003 carries a terminal disclaimer over the '961 family line. So the two patents' independent claims are likely near-identical in scope (statutory double patenting was addressed by disclaimer).
If an exact independent-claim recitation is required, it should be pulled from the USPTO PatentCenter/Patent Public Search "Claims" tab or the granted-PDF claim column (patentimages.storage.googleapis.com .../US8682961.pdf), not inferred.
Litigation / 2026 docket research
CAFC 2026: I found no Federal Circuit docket for 2026 involving 8,682,961. My searches for a CAFC 2026 appeal tied to this number returned unrelated appeals (e.g., LifeCORE Fitness v. Woodway, No. 25-1431, re treadmill patents). Treat "no CAFC 2026 activity located" as a search negative, not proof of none.
District court (2026) — the patent does appear in live dockets:
- AF Holdco, LLC d/b/a Advance Financial v. Aloft, LLC, M.D. Tenn., No. 3:26-cv-00374, filed Mar. 30, 2026 (amended complaint Apr. 10, 2026). This is a declaratory-judgment action for non-infringement, invalidity, and unenforceability (inequitable conduct / prosecution laches). Docket attachment Exhibit 11 is captioned "U.S. Patent No. 8,682,961" (CourtListener docket 73121044). The complaint refers to a single "Asserted Patent," and '961 is among the exhibits — but I could not verify from the retrieved text whether '961 is the sole asserted patent, so treat that linkage as likely but unconfirmed.
- Nouryon USA LLC v. Aloft Media LLC, et al., D. Del., No. 1:26-cv-00193. Accused product: the nouryon.com website. The asserted claim identified in the complaint is claim 23 of the "'793 Patent" (family-member US 10,372,793, "Hyperlink with graphical cue" continuation), a claim requiring menu items displayed "without any images," hyperlinks initially hidden, a hover first input causing display of the hyperlink set, and a second input causing display of destination content simultaneously with the menu representations. Claim element citations: '793 col. 1:24-26, col. 1:49-65, col. 2:7-15, Fig. 5A, col. 3:1-15.
- A separate DJ complaint (posted at iniplaw.org, "Complaint-2.pdf," plaintiff referred to as "Brotherhood") seeks, inter alia, a declaration that US 10,372,793 is unenforceable for inequitable conduct and prosecution laches. Notably, its family table lists "12/334,068 (continuation of '957 Application) / 8,682,961", filed 12-12-08, issued 3-25-14. Its key allegations, which bear on 8,682,961's validity:
- The '068 application allegedly added new matter not supported by the '957 application, so the March 20, 2006 priority claim is challenged; if priority fails, the Dec. 12, 2008 filing date is asserted to render the patent invalid under 35 U.S.C. § 102 (per the complaint).
- Provenance chain alleged: '957 → '068 → '002 → '487 → '044 applications; assignees/entities include Instantbull, LLC, Stragent Technologies, LLC, Stragent, LLC, Aloft Media, LLC, Boadin Technology, LLC, Jenam Tech, LLC. Named individuals include attorneys Kevin J. Zilka and Patrick E. Caldwell, and Andrew Gordon.
- Alleged ownership defect: Provisional 60/784,140 was never assigned from Instantbull, LLC.
- Enforcement context: Aloft Media contracts with George Street Partners as licensor (named individuals: David Norvell, Todd Schmidt). The '961 patent is part of the marketed "Gal Arav Portfolio" (aloft-media.com/arav.html), consistent with a 2025–2026 letter-based licensing campaign that prompted the DJ suits.
Older activity (context only, not 2026): Aloft Media's earlier browser-patent suits against Microsoft and Google (2008 settlement/re-filings); Stragent, LLC v. Nokia, Inc., E.D. Tex. No. 2:08-cv-293 (dismissals in 2009). I did not confirm that any of these older cases asserted 8,682,961 specifically.
Uncertainty flags
- Independent claim text for 8,682,961 is not in my authoritative source (the fetched text stops before the claims). Claim numbers, transitional phrases, and exact limitations should be verified against the granted PDF or PatentCenter before being relied on.
- Whether 8,682,961 is the sole "Asserted Patent" in AF Holdco v. Aloft, LLC is unconfirmed from retrieved text.
- The Mar. 20, 2006 priority date is the patent's claimed date; the DJ complaints contest it. Do not treat it as adjudicated.
- Assignee history is contested/voluminous (Boadin Tech LLC → Aloft Media LLC → Stragent LLC → Jenam Tech, LLC, with intervening assignments recorded Feb. 7, 2017); Google Patents itself disclaims accuracy of the assignee list.
- No CAFC 2026 docket located for this patent — search negative only.
Generated 10/1/2026, 12:54:02 PM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 8682961. The free-form analysis below may also discuss cases beyond this list.
- 1:26-cv-00193U.S. District Court for the District of Delawarepending
Defendants: Aloft Media, LLC, George Street Partners, Todd Schmidt, and 1 other
- Indiana (Northern or Southern District not confirmed)
Defendants: Aloft Media, LLC, George Street Partners, Todd Schmidt, and 1 other
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US patent 8682961. Let me run several targeted searches.
Let me dig deeper with more specific searches.
Let me search additional litigation databases and family-level litigation.
Litigation Report — U.S. Patent No. 8,682,961
Patent identification (verified against the patent text and Google Patents):
- US 8,682,961 B2, "Hyperlink with Graphical Cue," inventor Gal Arav
- Application No. 12/334,068, filed Dec. 12, 2008; granted Mar. 25, 2014
- Priority date Mar. 20, 2006 (continuation of App. 11/384,957, now U.S. 7,529,795)
- Original assignee: Boadin Tech LLC; assignees of record listed: Aloft Media LLC and Stragent LLC
- Status: Expired – Fee Related; adjusted expiration 2028-04-11
- Google Patents shows a "Family has litigation" flag linking to Darts-IP family ID 36654546
- Source: https://patents.google.com/patent/US8682961/en
Bottom line
I did not find any case in which U.S. 8,682,961 was itself asserted as a patent-in-suit. The only federal docket I could confirm that names the '961 patent is a 2026 declaratory-judgment action in which '961 appears as an exhibit (prosecution-history evidence), not as the asserted patent. The '961 patent is, however, part of the same patent family that is currently being actively monetized through demand letters by Aloft Media, LLC, and members of that family are the subject of several recent declaratory-judgment suits.
Case 1 — The one docket that names the '961 patent
| Field | Detail |
|---|---|
| Plaintiff | AF Holdco, LLC, doing business as Advance Financial (Delaware LLC; Nashville, TN) |
| Defendant | Aloft, LLC (Texas LLC, Longview, TX; registered agent Mohammed Zafar Iqbal) |
| Jurisdiction | U.S. District Court for the Middle District of Tennessee (Nashville); Presiding Judge Waverly D. Crenshaw; Referred Judge Luke A. Evans |
| Case No. | 3:26-cv-00374 |
| Filing Date | March 30, 2026 (amended complaint filed April 10, 2026) |
| Nature of suit | Patent — declaratory judgment of non-infringement, invalidity, and unenforceability (35 U.S.C. § 101 et seq.; 28 U.S.C. §§ 2201–2202) |
| Asserted patent | U.S. Patent No. 10,372,793 — not the '961 patent |
| Role of the '961 patent | Exhibit 11 to the complaint ("Exhibit 11 – U.S. Patent No. 8,682,961"). It is cited as part of the '957 → '068 → '002 → '487 → '044 prosecution chain, to support inequitable conduct and prosecution laches theories. It is not asserted. |
| Status | Pending. Aloft, LLC served May 12, 2026 (Dkt. 15); Case Management Order entered June 23, 2026; order setting case for trial June 26, 2026; a motion to dismiss appears at Dkt. 23 (July 1, 2026), with later sealing filings in July–August 2026. |
Sources:
- https://www.courtlistener.com/docket/73121044/1/11/af-holdco-llc-v-aloft-llc/ (Exhibit 11 page)
- https://dockets.justia.com/docket/tennessee/tnmdce/3:2026cv00374/[108496](/patent/108496)
- https://cdn.pacermonitor.com/public/case/63896324/AF_Holdco,_LLC_v_Aloft,_LLC
- https://www.courtlistener.com/docket/73121044/af-holdco-llc-v-aloft-llc/
Case 2 — Related Aloft Media licensing-campaign DJ suit (D. Delaware)
| Field | Detail |
|---|---|
| Plaintiff | Nouryon (Delaware LLC; specialty chemicals) |
| Defendants | Aloft Media, LLC; George Street Partners; Todd Schmidt; George Andrew Gordon |
| Jurisdiction | U.S. District Court for the District of Delaware |
| Case No. | 1:26-cv-00193 |
| Filing Date | 2026 (complaint on file) |
| Basis | Jan. 2, 2026 notice letter from Aloft Media (signed by Gordon), sent via "authorized licensing agent" George Street Partners; follow-up emails Jan. 9 and Feb. 10, 2026 |
| '961 involvement | Not confirmed. The complaint refers to "the Asserted Patents" (plural) without identifying numbers in the available text. Aloft Media is the record owner of the '961 patent. |
| Status | Pending |
Source: https://ai-lab-cl-prod.azurewebsites.net/case/dct/ded/1:26-cv-00193/doc/analysis/1
Case 3 — Brotherhood Mutual DJ suit (Indiana)
| Field | Detail |
|---|---|
| Plaintiff | Brotherhood Mutual Insurance Company (Indiana) |
| Defendants | Aloft Media, LLC; George Street Partners; Todd Schmidt; George Andrew Gordon |
| Jurisdiction | Indiana (Northern or Southern District — I could not confirm the division/case number from the sources retrieved) |
| Filing Date | 2025 (complaint references an April 28, 2025 notice letter as the precipitating demand) |
| Basis | April 28, 2025 Aloft Media notice letter signed by Gordon, with claim chart, accusing the brotherhoodmutual.com website and specifically asserting claim 23 of the "Asserted Patent"; license agreement demanded |
| '961 involvement | The complaint's family table expressly lists 12/334,068 / 8,682,961 (filed 12-12-2008, issued 3-25-2014, filer Kevin J. Zilka, Stragent Technologies, LLC) as part of the asserted patent's lineage. Whether the '961 itself was the "Asserted Patent" is not confirmed. |
Source: https://www.iniplaw.org/wp-content/uploads/sites/366/2025/06/Complaint-2.pdf
Important negative findings (so you don't chase ghosts)
- Google Patents' "Family has litigation" flag points to Darts-IP worldwide family 36654546 — i.e., litigation somewhere in the family, not necessarily on the '961 patent itself.
- AF Holdco v. Aloft is often misread as an '961 case because '961 is Exhibit 11. The Asserted Patent there is U.S. 10,372,793. Similarly, the Complaint-2.pdf document is an inequitable-conduct/prosecution-laches pleading built on the '957-application family chain; the '961 is evidence in that narrative.
- Stragent, LLC's large assertion campaigns (Stragent v. Audi AG, 6:10-cv-00227; v. Chrysler, 6:13-cv-00379; v. Hewlett-Packard, 6:13-cv-00610; v. Mercedes-Benz USA, 6:13-cv-00378; v. Nokia, 2:08-cv-00293; v. Volvo, 6:16-cv-00448; and the BMW/Daimler Delaware and PTAB actions) concern different patent families (adaptive cruise control, AUTOSAR, voice control) — not the '961 "Hyperlink with Graphical Cue" family. Do not attribute those to '961.
- I found no IPR, PGR, CBM, or ex parte reexamination directed at U.S. 8,682,961 in the sources consulted.
- I found no CAFC appeal involving U.S. 8,682,961.
Two data caveats you should weigh
- Date anomaly. The docket sources retrieved show activity (e.g., docket entries dated July–August 2026, and a "last retrieved May 18, 2026" stamp) that post-date the stated current date of April 26, 2026. Either the sources' snapshots are ahead of the stated date or there is metadata error. Treat post-April-26, 2026 docket entries as unverified.
- Party-name trap. "Aloft, LLC" (the Texas LLC defendant in AF Holdco v. Aloft) and "Aloft Media, LLC"/"Aloft Media, Llc" (the patent owner in the Nouryon and Brotherhood Mutual letters) are distinct entities in the search results and should not be conflated without confirming corporate identity.
Recommended next checks
- PACER Docket for 3:26-cv-00374 (M.D. Tenn.) to confirm the Dkt. 23 motion to dismiss and current posture.
- D. Del. 1:26-cv-00193 complaint body to identify which patent numbers Aloft Media actually asserted against Nouryon.
- Confirm the Brotherhood Mutual case number and district via PACER (N.D. Ind. / S.D. Ind.).
- Search Litigation Docket Report / Darts-IP family 36654546 to capture non-US family litigation the Google Patents flag references.
Generated 10/1/2026, 12:54:09 PM
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.
Current assignee: Nouryon
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.
Proceedings overview
Zero AIA trial proceedings on file for US 8,682,961. The USPTO Open Data Portal structured block (the canonical source for this analysis) returns no IPRs, no PGRs, and no CBM reviews — 0 active, 0 claims invalidated, 0 claims sustained, 0 settled, 0 institution denials. My independent web searching (PTAB E2E/PTACTS, PTAB decision text, Docket Alarm, natlawreview PTO petition reports, Unified Patents portal) likewise surfaced no petition ever filed against the '961 patent. The bottom line for a defendant: there is no claim-level invalidation to lean on and no adverse estoppel to exploit — you are litigating against the originally-issued claims, but the patent's enforceability (not just validity) is under active attack in district court, which is the more consequential signal here.
(No proceedings to list)
There is no IPR/PGR/CBM to report. Two research cautions, so nothing is conflated:
- Search hits referencing "IPR 2024" and U.S. Patent No. 9,094,868 concern a different patent (a location-based-services/location-event patent challenged over Haberman/Boger) — the number 9,094,868 ≠ 8,682,961. Do not treat those as proceedings against this patent.
- Search hits referencing CBM2014-00050 concern U.S. Patent No. 8,239,451 (a metasearch patent) — also unrelated.
The structured block's default therefore governs: no PTAB activity on file.
Strategic summary
Claim status. Because no AIA trial ever reached the Board, every claim of the '961 patent is UNTESTED at the PTAB — none canceled, none sustained. There is no narrowed, surviving-claim set to hand a defendant; the full originally-issued claim set remains on the books. (For reference, the patent claims priority to 2006-03-20, issued 2014-03-25, and Google Patents lists its legal status as "Expired – Fee Related," adjusted expiration 2028-04-11 — i.e., a maintenance-fee lapse is possible and should be verified against USPTO maintenance-fee records before you build any defense around term.)
Estoppel landscape. With no petitioner, no § 315(e)(2) estoppel attaches to anyone. Any defendant being asserted against today may file an IPR/PGR and raise any § 102/§ 103 ground without fear of having "reasonably could have raised" it before — subject only to the ordinary constraints (§ 315(b) one-year bar from service of the complaint; § 325(d) discretionary denial for art already before the Office; and Fintiv/Vidal discretionary-denial practice given the co-pending district court actions). That is a genuinely clean slate, which is unusual for a patent with this much assertion history.
Pattern signals. The absence of PTAB activity is notable given that the patent family carries a "Family has litigation" flag and has been asserted for over a decade. Related activity I did find, none of it PTAB:
- Boadin Technology, LLC v. Gannett Co., Inc. (D. Del.) — assertion of sibling patents U.S. 8,185,096 and 8,224,298 (the "multi-modal mobile media"/short-form-command family), not the '961 patent.
- 2026 declaratory-judgment / inequitable-conduct actions against the family, including AF Holdco, LLC v. Aloft, LLC, No. 3:26-cv-00374 (M.D. Tenn., filed 2026-03-30) and a parallel D. Del. No. 1:26-cv-00193. These plead that the '068 Application (the application that issued as the '961 patent) was filed as a "continuation" of the '957 Application while containing new matter unsupported by it, that material prior art (Kavner, Solotko, Thakur, Soroca, Weber, Shuster, Armstrong, etc.) was withheld from the Examiner, and that the '140 Provisional was never assigned into the chain — supporting claims of inequitable conduct and unenforceability across the family. (CourtListener docket; complaint.) Note the assignee chain is the well-known Instantbull → Stragent Technologies → Stragent → Aloft Media → Boadin Technology → … → Aloft shell-entity sequence; no defensive aggregator (e.g., Unified Patents) appears in the chain, and no petitioner has stepped up at the PTAB.
Recommended next steps
Do not cite a PTAB FWD — none exists. There is no final written decision, no institution decision, and no certificate canceling claims of US 8,682,961. Any brief or demand-letter response that claims "claims X were invalidated in IPR" would be false; the correct statement is that the patent has never been challenged at the PTAB.
Lead with the enforceability defense, not IPR. The live equity argument is the § 282 inequitable-conduct / unenforceability theory being developed in AF Holdco v. Aloft (M.D. Tenn. 3:26-cv-00374) and the D. Del. action: new-matter/priority misrepresentation in the '068 Application and non-disclosure of material art. That is a whole-patent defense — if proven, it kills every asserted claim regardless of validity. Pull the pleadings and the referenced exhibits (Exhibits 14, 30, 44–46, etc.) to see the specific priority and IDS record.
If you want claim cancellation, the IPR door is wide open — but mind the clock. No § 315(e)(2) estoppel bars anyone, so a first-filer can raise the withheld references (e.g., Kavner U.S. 6,366,947; Thakur U.S. 7,895,644; Solotko US 2008/0103889; Soroca US 2010/0094878) as § 102/§ 103 art — and, notably, material art the family did not disclose to the Examiner is a strong candidate to defeat § 325(d) discretionary denial (see the Advanced Bionics framework). But file within one year of service under § 315(b), and be prepared to address Fintiv/Vidal discretionary denial in light of the parallel litigations.
Verify the patent's live status first. Before spending on any defense, confirm the maintenance-fee / expiration status ("Expired – Fee Related" per Google Patents; adjusted expiration 2028-04-11) directly in USPTO PatentCenter. If the '961 patent has lapsed for non-payment, the practical exposure changes materially. I do not have high-confidence confirmation of the fee status or of the full current docket, so verify both at the source rather than relying on this summary.
Sources for the null result: USPTO Open Data Portal AIA-trial feed (structured block, no proceedings); USPTO PTAB E2E/PTACTS; Google Patents family/litigation flag at https://patents.google.com/patent/US8682961/en.
Generated 10/1/2026, 12:54:07 PM
Ownership chain (7)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2008-11-11 · recorded 2017-02-07 · Assignment
transfer-to-asserter
2008-12-31 · recorded 2017-02-07 · Assignment
internal reorg
2009-04-21 · recorded 2017-02-07 · Assignment
transfer-to-asserter
2011-11-12 · recorded 2017-02-07 · Assignment
Aloft Media, LLCBoadin Technology, LLC
transfer-to-asserter
2014-11-25 · recorded 2017-02-07 · Assignment
Boadin Technology, LLCStragent, LLC
cascading transfer
2016-12-02 · recorded 2017-02-07 · Assignment
cascading transfer
2016-12-02 · recorded 2017-02-07 · Assignment
Jenam Tech, LLCAloft Media, LLC
cascading transfer
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.
I'll start by gathering concrete assignment-record evidence from USPTO-related sources and third-party NPE trackers.
Rich results. Let me now pin down the specific assignment records, correspondents, and the current NPE owner.
Assignment & Ownership Reconstruction — US 8,682,961 B2
Patent: US 8,682,961 B2, "Hyperlink with graphical cue"
App. No.: 12/334,068, filed 2008-12-12 (continuation of Ser. No. 11/384,957, filed 2006-03-20, now US 7,529,795)
Issued: 2014-03-25 · Priority date: 2006-03-20 (Google Patents legal-events lists 2006-03-19 in one family record; minor discrepancy)
Google Patents legal events: "Family has litigation" flag; Current Assignee listed as Aloft Media LLC and Stragent LLC; Original Assignee listed as Boadin Tech LLC.
Evidence caveat up front. The USPTO Assignment Center (assignmentcenter.uspto.gov / assignment.uspto.gov) was not directly queryable in this session. The ownership chain below is reconstructed from (a) the recorded-assignment history pleaded verbatim in the 2026 declaratory-judgment complaints (which quote the USPTO records), and (b) the Google Patents legal-events "reassignment" entries. I do not have the reel/frame numbers, and I will not invent them. Every line below is a real, sourced event, but reel/frame must be verified at the Assignment Center. Where a date is inferred by mapping a family-level record onto this patent, it is marked (inferred).
Inventors
| Inventor | Employer at time of filing | Notes |
|---|---|---|
| Gal Arav (sole named inventor) | InstantBull, Inc. — Arav was the founder of InstantBull and Newsflashr | Addresses of record vary across the family: Raanana, IL (US 8,180,829), Bedford, MA (US 8,219,906; US 8,682,961). Attorney, Agent or Firm on the face of US 8,682,961: Patrick E. Caldwell. |
Unusual patterns.
- Single inventor, and the inventor's own company (InstantBull) is the earliest assignor of record — Google's legal-events data records a "Stragent Technologies, LLC ← INSTANTBULL, INC." assignment (recorded 2017-02-07, date executed not captured here).
- The inventor-controlled entity exited the chain early: within roughly 2.5 years of the 2006-03-20 priority filing the family was already in the hands of Stragent Technologies, LLC → Stragent, LLC (executed 2008-12-31). This is the reverse of a fire-sale ("inventor dumps onto himself then leaves"); here the patent left the operating side very early and never returned to a product company.
- Per third-party coverage, Arav did operate a product using the patented methods (InstantBull), so this is not a pure paper inventorship — but the assertion rights traveled away from him.
Original assignee
Two different answers depending on what "original" means, and both are documented:
- As-filed applicant (2008-12-12): Stragent Technologies, LLC. Kevin J. Zilka "filed U.S. Application No. 12/334,068 … on behalf of Stragent Technologies, LLC as a continuation of the first-filed '957 Application" (Nouryon complaint ¶100).
- As-issued assignee of record (2014-03-25) / Google "Original Assignee": Boadin Technology, LLC (Newark, DE), per FreePatentsOnline's assignee field for US 8,682,961 and the Google Patents record.
- Earliest assignor of the family (the true origin): InstantBull, Inc. (Arav's company), per the Google Patents "Stragent Technologies, LLC ← InstantBull, Inc." entry.
Product / business / status.
- Boadin Technology, LLC — a licensing/assertion vehicle, not an operating company. In September 2011 Boadin Technology, L.L.C. filed an infringement suit in D. Del. against Bloomberg, Dow Jones, The New York Times, CNBC, Fox News, Gannett and Marketwatch, and simultaneously offered a covenant-not-to-sue at auction through ICAP Patent Brokerage. That is a monetization posture, not a product posture. No evidence of any shipped product embodying the claims.
- InstantBull, Inc. — the only chain participant that operated a website; small startup, long defunct as an owner.
- Current holder Aloft Media, LLC is described by Unified Patents as "an NPE and entity of Oso IP, LLC."
Assignment timeline
Reel/frame values are not captured — I could not query the Assignment Center directly. Dates are execution dates as pleaded/recorded; the Google legal-events layer shows the whole chain as a single-day batch recordation on 2017-02-07, which is itself a signal (see §NPE-4).
2006-03-20 (executed) / recorded date not captured — Reel: NOT CAPTURED
- Conveyance: Original filing (not an assignment) — priority application Ser. No. 11/384,957
- Assignor: InstantBull, Inc. (applicant entity)
- Assignee: InstantBull, Inc.
- Correspondent: filer of record shown only as "Robert" for InstantBull in the family complaint table
- Context: invention captured in the inventor's own startup.
2008-11-11 (executed) / recorded 2017-02-07 (Google legal-events batch) — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: InstantBull, Inc.
- Assignee: Stragent Technologies, LLC
- Correspondent: not captured. (Repeat-player flag: the Stragent side of this family is run by attorney Kevin J. Zilka, who is simultaneously "Attorney for Stragent Technologies, LLC," "President of Stragent Technologies, LLC" and "President of Stragent, LLC" per the family complaint's affiliation table — attorney, filer and principal are the same person.)
- Context: transfer-to-asserter — the inventor's startup hands the family to an acquired-patent assertion entity.
2008-12-31 (executed) / recorded 2017-02-07 — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: Stragent Technologies, LLC
- Assignee: Stragent, LLC
- Correspondent: not captured
- Context: internal reorg within the Stragent side (attorney/principal Kevin J. Zilka on both ends).
2009-04-21 (executed, per the 12/334,068 row) / recorded 2017-02-07 — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: Stragent, LLC
- Assignee: Aloft Media, LLC
- Correspondent: not captured
- Context: transfer-to-asserter / affiliate shuffle — Aloft Media, LLC is a Texas LLC at 211 W. Tyler Street, Suite C-1, Longview, TX (its own admission in Aloft Media, LLC v. Google Inc., E.D. Tex. 6:08-cv-440). Same address family as Stragent. Unified Patents now calls Aloft Media "an NPE and entity of Oso IP, LLC."
2011-11-12 (executed) (inferred from the parallel '957 row; the '961 issued to Boadin, so this link is required) / recorded 2017-02-07 — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: Aloft Media, LLC
- Assignee: Boadin Technology, LLC (Newark, DE)
- Correspondent: not captured
- Context: transfer-to-asserter — Boadin is the entity that filed the Sept-2011 D. Del. suit and put covenants-not-to-sue on the block.
2014-11-25 (executed) / recorded 2017-02-07 — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: Boadin Technology, LLC (signed by Andrew Gordon, managing member)
- Assignee: Stragent, LLC
- Correspondent: not captured
- Context: cascading transfer — pleaded in the family complaint (¶100): "On November 25, 2014, the '002 Application was assigned from Boadin Technology, LLC to Stragent, LLC."
2016-12-02 (executed) / recorded 2017-02-07 — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: Stragent, LLC
- Assignee: Jenam Tech, LLC
- Correspondent: not captured
- Context: cascading transfer — same attorney/principal (Gordon signed as managing member / EVP across Boadin and Aloft).
2016-12-02 (executed) / recorded 2017-02-07 — Reel: NOT CAPTURED
- Conveyance: Assignment
- Assignor: Jenam Tech, LLC
- Assignee: Aloft Media, LLC
- Correspondent: not captured
- Context: cascading transfer / return of the family to the current holder — ¶101: "The '002 Application was then assigned from Jenam Tech, LLC to Aloft on December 02, 2016." Andrew Gordon has been managing member of Aloft Media from at least December 2, 2016.
2017-02-07 (recorded) — Reel: NOT CAPTURED
- Conveyance: Batch re-recordation of the entire chain of title (Google legal events lists seven distinct "reassignment" records on this single day: InstantBull→Stragent Technologies; Stragent Technologies→Stragent; Stragent→Jenam Tech; Jenam Tech→Aloft Media; Stragent→Aloft Media; Boadin→Stragent; Aloft Media→Boadin)
- Correspondent: not captured
- Context: perfection/cleanup of a deliberately tangled chain — a one-day, seven-entry re-filing of an eight-year chain is not ordinary operating-company housekeeping.
No bankruptcy, securitization, or defensive-aggregator assignment appears anywhere in the chain.
Timeline diagram
timeline
title Ownership of US 8682961
2006 : Filed by InstantBull Inc
2008 : Continuation filed by Stragent Technologies
: Stragent Technologies to Stragent LLC
2009 : Stragent LLC to Aloft Media LLC
2011 : Aloft Media to Boadin Technology
: Boadin files first assertion suits
2014 : Patent issues to Boadin Technology
: Boadin back to Stragent LLC
2016 : Stragent to Jenam Tech
: Jenam Tech to Aloft Media
2017 : Entire chain re-recorded in one day
2026 : Aloft Media hit with declaratory suits
NPE / troll-pattern signals
1. Shell-entity transfer — PRESENT.
The patent moved out of the only operating entity in the chain (InstantBull) into a succession of licensing-style LLCs: Stragent Technologies LLC → Stragent LLC → Aloft Media LLC → Boadin Technology LLC → Stragent LLC → Jenam Tech LLC → Aloft Media LLC. Corroborating hard evidence, not naming: (i) Aloft Media's own pleaded principal place of business — 211 W. Tyler Street, Suite C-1, Longview, TX (E.D. Tex. 6:08-cv-440, Ans. ¶2); (ii) Boadin Technology, L.L.C. filed a Sept-2011 D. Del. infringement case and contemporaneously auctioned covenants not to sue via ICAP Patent Brokerage — behavior inconsistent with any product business; (iii) Unified Patents classifies Aloft Media, LLC as "an NPE and entity of Oso IP, LLC."
2. Known asserter in the chain — PRESENT.
The chain is dominated by Stragent LLC, a documented acquired-patent asserter: Stanford's NPE case database indexes Stragent, LLC v. Nokia Inc. (2:08-cv-00293, E.D. Tex., asserter category "Acquired patents"); Stragent sued Microsoft and Ford (E.D. Tex., Sept 2008) and later BMW/Mercedes, generating at least eight PTAB final written decisions (IPR2017-00457/-00458/-00676/-00677/-01502/-01503/-01504/-01519/-01520, FWDs June–Dec 2018). Current holder Aloft Media, LLC is a Unified-Patents-flagged high-frequency plaintiff and is the subject of a 2026 PATROLL prior-art contest on the sibling patent US 10,372,793 (same '957 → '068 → '002 family). None of the specifically enumerated big-list names (Acacia, Marathon, IV, WiLAN, etc.) appear on the face of the record, so I am citing Stragent/Aloft/Oso IP on their own documented assertion conduct rather than by list-matching.
3. Repeat correspondent across the chain — PRESENT (for attorney-of-record recurrence); assignment-recording correspondents NOT CAPTURED.
The shell LLCs change; the same small set of people runs all of them:
- Kevin J. Zilka — simultaneously "Attorney for Stragent Technologies, LLC," "President of Stragent Technologies, LLC," and "President of Stragent, LLC" (family complaint affiliation table ¶98); he filed App. 12/334,068 itself.
- Patrick E. Caldwell — listed on the face of US 8,682,961 as Attorney/Agent/Firm; filed the '002, '939 and '487 continuations on behalf of Boadin/Aloft Media.
- Andrew Gordon — signed as managing member of Boadin Technology, LLC and as EVP/managing member of Aloft Media, LLC, i.e. the same principal on both ends of the 2014-11-25 and 2016-12-02 assignments.
Because I could not pull the reel/frame correspondents (the attorney who physically filed each assignment), I stop short of calling this a confirmed recording-correspondent match — but the recurrence of Zilka/Caldwell/Gordon across every link is documented.
4. Cascading transfers — PRESENT.
Two compressed bursts through chained affiliates: (a) 2008-11-11 → 2008-12-31 → 2009-04-21 (three transfers in ~5 months, InstantBull→Stragent Tech→Stragent→Aloft); (b) 2014-11-25 → 2016-12-02 (Boadin→Stragent→Jenam Tech→Aloft, two transfers same day). And a seven-record, single-day (2017-02-07) re-recordation of the entire eight-year chain — the tell-tale "same correspondent address / same principal" cleanup filing.
5. Pre-litigation transfer — UNCLEAR for '961 specifically; PRESENT at family level.
The Sept-2011 Boadin D. Del. suit sits immediately adjacent to the transfer of the family into Boadin Technology, LLC (2011), i.e. the vehicle was populated to assert. However, the 2011 campaign marketed the autocomplete patents of the family (US 8,219,906 line), and I found no filing specifically asserting US 8,682,961 itself. The currently-litigated family member is US 10,372,793 (assertion-stage suits: Nouryon USA LLC v. Aloft Media LLC, D. Del. 1:26-cv-00193, and AF Holdco, LLC v. Aloft, LLC, M.D. Tenn. 3:26-cv-00374; plus 2026 notice letters to Ameresco and to Enfold-theme users). Call this unclear as to the '961, documented as to the family.
6. Bankruptcy fire-sale — NOT PRESENT.
No Chapter 7/11, no court-supervised sale, no Kodak/Nortel/Polaroid-type event appears in the record. The transfers were private affiliate assignments, not distressed sales.
7. Privateering — UNCLEAR / NOT PRESENT.
The original owner was the inventor's own startup, not a large operating company with competitors to punish, so the classic "operating co. hides behind an NPE" fact pattern is absent. The pattern here is better described as acquired-patent assertion by a dedicated licensing entity.
8. Defensive aggregator (anti-NPE) — NOT PRESENT.
The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or OIN. The inverse holds: Unified Patents is attacking this family (2026 PATROLL contest on US 10,372,793), and operating companies are filing declaratory-judgment actions against Aloft Media. The patent has not been neutralized.
Verdict
NPE — high confidence.
Justification: the patent left its only operating entity (InstantBull, Inc.) in 2008 and thereafter cycled through a series of affiliate licensing LLCs — Stragent Technologies, LLC (2008-11-11) → Stragent, LLC (2008-12-31) → Aloft Media, LLC (2009-04-21) → Boadin Technology, LLC (2011) → Stragent, LLC (2014-11-25) → Jenam Tech, LLC (2016-12-02) → Aloft Media, LLC (2016-12-02) — all of it re-recorded as a seven-entry batch on 2017-02-07, with the same principals (Zilka, Gordon) and attorney (Caldwell) signed across multiple ends. That is shell-entity transfer + known asserter + cascading/compressed transfers, and the current holder Aloft Media, LLC is expressly described by Unified Patents as "an NPE and entity of Oso IP, LLC" and is actively asserting the sibling patent US 10,372,793 in 2026. (Reel/frame numbers for each link were not retrievable in this session and must be confirmed at the Assignment Center; the execution dates above are the pleaded/recorded dates.)
Verify at: https://assignmentcenter.uspto.gov/ (search patent number 8682961) — also indexed at https://assignment.uspto.gov/patent/index.html · Google Patents legal events: https://patents.google.com/patent/US8682961/en
Quick-hit summary table
| Date (executed) | Assignor → Assignee | Conveyance | Context | Reel/Frame |
|---|---|---|---|---|
| 2006-03-20 | (filing — InstantBull, Inc.) | n/a | inception | not captured |
| 2008-11-11 | InstantBull, Inc. → Stragent Technologies, LLC | Assignment | transfer-to-asserter | not captured |
| 2008-12-31 | Stragent Technologies, LLC → Stragent, LLC | Assignment | internal reorg | not captured |
| 2009-04-21 | Stragent, LLC → Aloft Media, LLC | Assignment | affiliate shuffle | not captured |
| 2011 (2011-11-12 inferred) | Aloft Media, LLC → Boadin Technology, LLC | Assignment | transfer-to-asserter | not captured |
| 2014-11-25 | Boadin Technology, LLC → Stragent, LLC | Assignment | cascading transfer | not captured |
| 2016-12-02 | Stragent, LLC → Jenam Tech, LLC | Assignment | cascading transfer | not captured |
| 2016-12-02 | Jenam Tech, LLC → Aloft Media, LLC | Assignment | cascading transfer | not captured |
| 2017-02-07 (recorded) | full-chain batch re-recordation | Assignment (x7) | chain perfection | not captured |
Included for completeness — repeatedly quoted in the family litigation as allegations, not adjudicated findings: the 2026 complaints accuse Aloft Media, Patrick E. Caldwell and Andrew Gordon of inequitable conduct for failing to disclose material prior art across the '068/'002/'939/'487 continuations. That is a separate issue from ownership, and I note it only because it names the same recurring actors.
Generated 10/1/2026, 12:55:03 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research US Patent 8682961 and its prior art citations.
Let me get the full citation lists from the patent's front page.
I have partial data but the citation lists are getting mixed across the family. Let me pin down the authoritative front-page references for US8682961 specifically.
Prior-Art Analysis — U.S. Patent No. 8,682,961 B2
0. Scope, sources, and honesty caveats
I could not open USPTO PatentCenter/Patent Full‑Text directly with the tools available; I reached the same USPTO‑derived data through Google Patents, FreePatentsOnline (FPO), Justia Patents, patents‑review.com, and the patentimages (USPTO/Google) PDF scans, including the scanned cover page of US 8,682,961 B2. Where the sources disagreed or the OCR was truncated, I say so rather than guess. I have not invented reference titles I could not verify — those are flagged.
⚠️ Do not confuse this patent with its sibling. A separate patent, US 8,683,003 B2, carries the identical title "Hyperlink with graphical cue" and appears interleaved with 8,682,961 in search results. I interpret numbers literally and keep them separate. Likewise, applications/publications such as US 2009/0193349 A1, US 10,042,823 B2, US 10,078,623 B2, US 10,691,874 B2, US 10,372,793 B2, US 10,482,164 B2, US 11,308,260 B2, US 2020/0218852 A1 and US 2022/0366126 A1 are family members (same specification), not prior art.
1. Verified bibliographic identity of US 8,682,961
| Field | Value (as listed) |
|---|---|
| Publication number | US 8,682,961 B2 |
| Title | Hyperlink with graphical cue |
| Application number | 12/334,068 |
| Filing date | 2008‑12‑12 |
| Publication of application | US 2009/0193349 A1 (2009‑07‑30) |
| Grant date | 2014‑03‑25 |
| Earliest priority date (assumed) | 2006‑03‑20 |
| Inventor | Gal Arav (Bedford, MA) |
| Original assignee | Boadin Tech LLC |
| Current assignees listed | Aloft Media LLC; Stragent LLC (reassignments of 2017‑02‑07) |
| Examiner / Agent | Gerald Smarth / Patrick E. Caldwell, The Caldwell Firm LLC |
| Continuation chain | Continuation of 11/384,957 (U.S. 7,529,795, "Message board aggregator"); also claims benefit of provisionals 60/784,141 and 60/784,140 (both 2006‑03‑20) |
| Legal status | Expired – Fee Related; adjusted expiration 2028‑04‑11 |
| Litigation flag | Google Patents shows "First worldwide family litigation filed" (Darts‑IP family 36654546) |
Key pre‑AIA timing point: because the application was filed in 2008 with a 2006‑03‑20 priority claim, the AI‑A §102 does not apply. Art must generally predate 2006‑03‑20 (or 2005‑03‑20 for §102(b)). This matters enormously below, because a large block of the "references cited" were published 2009–2011 and therefore cannot be prior art to these claims.
2. The claims to be measured against the art
The published claims of application 12/334,068 (US 2009/0193349 A1) — which are the claims carried into the '961 patent — are:
- 1. Method: (A) display a first set of representations of a first set of hyperlinks; (B) receive first input selecting one of the first set; (C) in response, display a second set of representations of a second set of hyperlinks; (D) receive second input selecting one of the second set; (E) in response, navigate to a destination specified by the selected second representation.
- 2. first set is textual. 3. first input = mouse click. 4. first input = hovering. 5. second set is graphical. 6. second input = mouse click. 7. second input = hovering. 8. displaying the second set "substantially immediately" after the first input. 9. first set specified by the user. 10. second set specified by the user.
The inventive core is the two‑tier/nested hyperlink: a textual link whose activation reveals a second set of links (graphical logos) that are themselves selectable. Any §102 attack must find all five steps in a single reference.
3. Prior art cited on the face of the patent
3.1 U.S. Patent Documents (cover‑page list, 1998–2005)
The scanned cover page lists (number, grant date, inventor, and USPTO class where the OCR shows it):
| No. | Grant date | Inventor | Class | My §102 note |
|---|---|---|---|---|
| 5,754,176 A | 1998‑05‑19 | Crawford | 345/338 | Very early graphical document‑browsing; pre‑dates by 8 yrs. Low anticipation risk for cl. 1 (single‑tier UI). |
| 5,854,630 A | 1998‑12‑29 | Nielsen | 345/352 | UI/hypertext navigation basics. Low. |
| 6,065,051 A | 2000‑05‑16 | Steele et al. | 709/219 | Networked content delivery/pre‑fetch; relevant to cl. 8 timing, not to the two‑tier structure. |
| 6,182,133 B1 | 2001‑01‑30 | Horvitz | 709/223 | Adaptive user interface that presents secondary content; cited as background/§103. |
| 6,199,077 B1 | 2001‑03‑06 | Inala et al. | 707/501 | Web content retrieval/form handling. Low. |
| 6,199,157 B1 | 2001‑03‑06 | Dow et al. | 713/1 | Web page provision. Low. |
| 6,208,339 B1 | 2001‑03‑27 | Atlas et al. | 715/780 | Input‑control/UI. Low. |
| 6,216,141 B1 | 2001‑04‑10 | Straub et al. | 707/513 | Document display. Low. |
| 6,253,325 B1 | 2001‑06‑26 | Steele et al. | 713/201 | Content delivery. Low. |
| 6,282,548 B1 | 2001‑08‑28 | Burner et al. | 707/104 | Hyperlink/content association. Low–moderate. |
| 6,314,458 B1 | 2001‑11‑06 | Steele et al. | 709/219 | Content delivery. Low. |
| 6,336,133 B1 | 2002‑01‑01 | Morris et al. | 709/204 | Collaborative/networked interaction. Low. |
| 6,366,947 B1 | 2002‑04‑02 | Kamer | 709/203 | Client‑server UI delivery. Low. |
| 6,393,468 B1 | 2002‑05‑21 | McGee | 709/218 | Aggregation/proxy serving. Low. |
| 6,405,238 B1 | 2002‑06‑11 | Votipka | — | "Quick Navigation upon Demand to Main Areas of Web Site." Best single‑reference §102 candidate (see §4). |
| 6,421,651 B1 | 2002‑07‑16 | Tedesco et al. | 705/8 | Business/workflow. Low. |
| 6,430,537 B1 | 2002‑08‑06 | Tedesco et al. | 705/8 | Business/workflow. Low. |
| 6,456,303 B1 | 2002‑09‑24 | Walden et al. | — | Low. |
| 6,484,149 B1 | 2002‑11‑19 | Jammes et al. | 705/26 | Financial/quote data. Moderate (context). |
| 6,498,835 B1 | 2002‑12‑24 | Skladman et al. | — | Low. |
| 6,515,681 B1 | 2003‑02‑04 | Knight | 345/751 | GUI. Low. |
| 6,633,311 B1 | 2003‑10‑14 | Douvikas et al. | 345/731 | Browser navigation UI. Moderate. |
| 6,651,091 B1 | 2003‑11‑18 | McBrearty et al. | 709/219 | Web‑page content assembly/pre‑load. Relevant to cl. 8. |
| 6,661,877 B1 | 2003‑12‑09 | Lee et al. | — | Low. |
| 6,691,158 B1 | 2004‑02‑10 | Douvikas et al. | — | Browser navigation UI. Moderate. |
| 6,748,449 B1 | 2004‑06‑08 | Dutta | — | Low. |
| 6,850,972 B1 | 2005‑02‑01 | Itoh | 709/219 | Pre‑fetch/instant display → cl. 8. (§102(b) eligible.) |
| 6,874,126 B1 | 2005‑03‑29 | Lapidous | 715/711 | GUI display control → cl. 5/8. (§102(e) rather than §102(b) — granted 3/2005, days after the 3/2005 §102(b) cutoff.) |
| 6,879,691 B1 | 2005‑04‑12 | (OCR truncated) | — | Unverified title; §102(e)‑eligible. |
Provenance note: the same 5,xxx,xxx/6,xxx,xxx block appears on cover pages of both US 8,682,961 and the sibling US 8,683,003 (which additionally lists 5,754,176 and 5,854,630 explicitly). Search‑snippet OCR of the '961 cover page was truncated mid‑list, so I cannot guarantee the '961 list is byte‑for‑byte identical to what I tabulated; I have reproduced every entry I could actually see.
3.2 Foreign Patent Documents
| No. | Date | §102 note |
|---|---|---|
| WO 02/03243 A1 | 2002‑01‑10 | Pre‑priority; §102(b) eligible. Content not verified in this session — flagged as unverified. |
| WO 02/061610 A1 | 2002‑08‑08 | Pre‑priority; §102(b) eligible. Content not verified — flagged. |
| WO 2004/029780 A2 | 2004‑04‑08 | Pre‑priority; §102(b) eligible. Content not verified — flagged. |
| WO 2007/109264 A3 | 2007‑09‑27 | Post‑priority (published after 2006‑03‑20) — cannot be §102 prior art on the '961 claims; appears to be related to the applicants' own PCT (see the PCT/US07/02440 ISR referenced elsewhere in the family). |
3.3 "Other Publications" (non‑patent literature) on the face
Website snapshots were cited, including 2.barchart.com/lookup.asp (Mar. 15, 2010), abcnews.go.com/business (Mar. 15, 2010), BoardCentral Website (Feb. 15, 2006) and StockHouse Website (Feb. 2006) (the latter two carried over from the "Message board aggregator" parent's record). Note that the 2010‑dated snapshots post‑date the 2006 priority and are "considered" references, not prior art.
3.4 The large 2011 social‑network block (FPO/Justia "US Patent References")
FPO and Justia additionally list a very large set of references such as US 8,010,458 (Galbreath), 8,005,919 (Mehanna), 7,970,657 (Morgenstern), 7,940,653/7,945,653 (Zuckerberg), 7,827,265 (Cheever), 7,835,950 & 7,912,758 (Walker), 7,890,501 (Lunt), 7,933,810 (Morgenstern) and dozens of 2011‑published applications (e.g., 2011/0196855 Wable; 2011/0179347 Proctor; 2011/0153421, /0153412, /0153377 Novikov; 2011/0145321 & /0145287 Jiang; 2011/0137932 & 2011/0137902 Wable; etc.).
Analyst's caution — this is the single most misinterpreted feature of this record: these are predominantly 2011 publications/patents, i.e., published years after the 2006‑03‑20 priority date. Under pre‑AIA §102 they are not prior art to the '961 claims (they were "considered"/listed in an IDS during the 2012–2014 prosecution, which is why they appear on the record). They are relevant background only for the later continuations (which reset the priority chain analysis), not for a §102 analysis of US 8,682,961.
4. §102 assessment — most relevant prior art
Because the claims require a two‑tier hyperlink (textual set → second graphical set → navigation), the meaningful §102 question is whether any single pre‑2006 reference discloses all of steps (A)–(E). My assessment:
| Rank | Reference | Why relevant | §102 potential |
|---|---|---|---|
| 1 | US 6,405,238 B1 (Votipka), 2002‑06‑11, "Quick Navigation upon Demand to Main Areas of Web Site" | Closest in concept: a navigation affordance that is revealed "on demand" and exposes site sections. If its disclosure shows a second, selectable set of link representations surfaced by activating a first set, it maps onto steps (A)–(C). | Low–moderate for cl. 1/8/9. I could not verify from the record whether it discloses the second set as separately selectable hyperlink representations (a two‑tier scheme) rather than a single menu — the essential element is unverified. |
| 2 | US 6,633,311 B1 / 6,691,158 B1 (Douvikas et al.), 2003/2004 | Browser navigation/link presentation UI; potentially relevant to the "graphical representation of a link" idea. | Low. Likely §103 fodder, not §102. |
| 3 | US 6,282,548 B1 (Burner et al.), 2001‑08‑28 | Association of content with links. | Low. |
| 4 | US 6,850,972 B1 (Itoh), 2005‑02‑01; US 6,651,091 B1 (McBrearty), 2003‑11‑18 | Pre‑load/instant presentation of web content → directly targets claim 8 ("substantially immediately"). | Low for cl. 1; moderate as §102/§103 to cl. 8 in combination with a menu reference. |
| 5 | US 6,182,133 B1 (Horvitz), 2001‑01‑30 | Adaptive interface that presents secondary content based on user activity (hover/interaction), which touches cl. 4/7 (hovering). | Low; classic §103 background. |
| 6 | US 5,754,176 (Crawford); US 5,854,630 (Nielsen) | Foundational graphical/hypertext browsing. | Very low. |
| 7 | WO 02/03243 A1; WO 02/061610 A1; WO 2004/029780 A2 | Pre‑priority PCT disclosures; content not verified here. | Unverified — these warrant full‑text review because PCT specs can be broad. |
| 8 | BoardCentral / StockHouse website art (Feb. 2006) | Message‑board UIs of the day; these motivated the parent "aggregator", not the two‑tier link claim. | Very low for cl. 1. |
Bottom line on §102: I found no reference in the accessible record that alone discloses every step of claim 1 (textual first set → in response a second, separately selectable hyperlink set → navigate). The allowance of the '961 patent over this art, the absence of a §102 rejection I can confirm, and the nature of the cited art all point to these references having been used as §103 background/combination material rather than anticipatory art. I cannot attribute specific rejections to specific claims because I do not have the Office Action / IDS forms in front of me — that attribution would require the application's file wrapper, which I could not retrieve.
5. What I could not verify (stated explicitly rather than filled in)
- Exact text of the granted claims 1–10 of the '961 patent — the claims I reproduced are from the published application US 2009/0193349 A1; granted claims may have been amended during prosecution.
- Titles/abstracts of several cited 6,xxx,xxx references (e.g., 6,879,691; 6,456,303; 6,498,835; 6,748,449) and all four WO documents — descriptions above are class‑based inference, not verified text.
- Which reference(s), if any, the Examiner actually applied — no Office Action or PTO‑892/1449 text was retrievable.
- Whether the large 2011 social‑networking citation block sits on the '961 cover page or only on later family members' records — FPO/Justia attribute it to 8,682,961; the scanned cover page block I could read is the older 1998–2005 list. Either way, those references cannot be §102 art against a 2006‑priority claim.
6. Recommended next steps for a rigorous §102/§103 study
- Pull the file wrapper for 12/334,068 (USPTO PatentCenter) to get the PTO‑1449/892 lists and any §102 rejections.
- Obtain the full text of US 6,405,238 (Votipka) and WO 02/061610 A1 / WO 02/03243 A1 — the only candidates plausibly capable of a single‑reference §102 attack on claim 1.
- Compare against US 6,850,972 and 6,651,091 specifically for claim 8 (instant display), and US 6,182,133 for claims 4/7 (hover).
- Confirm the sibling US 8,683,003 claim set separately — it shares this exact title and much of this art, and is often conflated with US 8,682,961.
If you can supply the Office Action or the PTO/SB/08 form, I can map each reference to the specific claim(s) the Examiner applied it against and produce a per‑element anticipation chart for claim 1.
Generated 10/1/2026, 12:55:15 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll research the patent's claims and cited prior art before building the obviousness analysis.
Obviousness Analysis — U.S. Patent No. 8,682,961 ("Hyperlink with Graphical Cue")
Scope, Sources, and Caveats
What I grounded this on. The full text you supplied (Google Patents, US8682961B2) plus search results from Google Patents/Justia/FreePatentsOnline. The Justia mirror of the pre-grant publication (US20090193349A1) supplied the claim set, and the Justia page for the later family member (US11308260) surfaced the non-patent-literature references that have been used against this family (the Suckerfish/Rigby/Wollin/Arguelles drop-down-menu references).
Explicit limitations on what I can assert:
- I retrieved claims 1–10 only. I could not confirm whether the granted patent contains additional claims (11+) beyond the published set. Everything below is therefore expressly limited to claims 1–10. If additional independent claims exist, the analysis must be extended.
- I did not retrieve the printed "References Cited" face of the patent or the full file history; I am relying on the family's prior-art lists as reported by third-party mirrors. Citations below should be verified against the official record before being used in a formal paper.
- Procedural note: the patent's Google Patents record shows status "Expired – Fee Related," adjusted expiration 2028-04-11, and a Darts-IP "family has litigation" flag. Obviousness is being assessed as of the effective filing date, not today.
Identifiers taken literally as presented (not auto-corrected): US application 12/334,068; priority date 2006-03-20; U.S. application Ser. No. 11/384,957 (now U.S. Pat. No. 7,529,795); provisional applications Ser. Nos. 60/784,141 and 60/784,140, which the specification states were filed Mar. 20, 2006. Inventor Gal Arav.
1. The Claimed Subject Matter
Claim 1 (independent, method):
- (A) displaying a first set of representations of a first set of hyperlinks;
- (B) receiving first input from a user indicating a selection of one of the first set of hyperlink representations;
- (C) in response to receiving the first input, displaying a second set of representations of a second set of hyperlinks;
- (D) receiving second input from the user indicating a selection of one of the second set of hyperlink representations; and
- (E) in response to receiving the second input, navigating to a destination specified by the selected one of the second set of hyperlink representations.
Dependents: claim 2 (first set textual); claim 3 (first input = mouse click); claim 4 (first input = hover); claim 5 (second set graphical); claim 6 (second input = click); claim 7 (second input = hover); claim 8 ("substantially immediately after receiving the first input"); claim 9 (first set user-specified); claim 10 (second set user-specified).
Critical observation for §103: Claim 1 does not require that either set be graphical, does not require any category/sub-category relationship between the two sets, does not require logos, and does not require any particular timing. Those limitations live only in dependent claims. Claim 1 is, at bottom, the generic two-level/hierarchical hyperlink menu: a top-level set of links is shown; the user selects/hovers one; a second set of links is revealed; the user selects one of those; the browser navigates. That is the definition of a drop-down/fly-out menu.
Note also the specification's own admission that the enabling mechanism is conventional: "such a feature may be enabled using AJAX technology, through which all of the logos may be pre-downloaded with the web page 500, and then quickly displayed to the user without requiring additional accesses to the server." That is a §103-relevant admission that the only non-trivial implementation detail (instantaneous display, claim 8) was known and available.
2. Level of Ordinary Skill in the Art
A POSITA as of the 2006 priority date would be a software engineer/UI developer with ~2 years of experience, or a bachelor's degree in CS/EE, with working knowledge of HTML, CSS, JavaScript/DHTML, and AJAX, and familiarity with standard GUI constructs (menus, sub-menus, tooltips, image maps/clickable images). This is a modest level of skill; the field was mature and heavily standardized by 2006.
3. The Prior Art Available in the Field
The family's own prior-art record is the cleanest starting point. The non-patent literature that has been cited against this family includes:
- Nick Rigby, "Drop-Down Menus, Horizontal Style," A List Apart, June 29, 2004 — horizontal drop-down menu where hovering a top-level text item reveals a submenu of links; selecting a submenu link navigates. (link)
- Patrick Griffiths & Dan Webb, "Suckerfish Dropdowns," A List Apart, Nov. 7, 2003 — the canonical pure-CSS hover-reveal hierarchical menu. (link)
- Lisa Wollin, "Creating a JavaScript Drop-Down Menu in FrontPage," Microsoft, Dec. 2004 (link)
- Tony Arguelles, "Building a DHTML Drop Down Menu with Dreamweaver," Oct. 25, 2002 (link)
- Schmitt et al., Professional CSS: Cascading Style Sheets for Web Design (Wrox, July 2005), and Arguelles, Essential Macromedia Dreamweaver for Web Professionals (Prentice Hall, Dec. 2001).
- Nicholas Chase / alistapart-era AJAX preloading practice — pre-loading submenu content with the page so that hover-reveal is instantaneous.
Patent-side references appearing in the family's cited-art lists include US 2011/0083101 (Sharon et al.), US 7,827,265 (Cheever et al.), US 2001/0018698 (Uchino et al.), US 2002/0065671 (Goerz, Jr. et al.), US 2002/0130895 (Brandt et al.), US 2002/0152238 (Hayes), and US 2005/0117131-type image-map/clickable-graphic art (verify exact numbers against the printed face of the patent).
Plus the universally known client-side image map (<map>/<area>) and image-as-hyperlink technique, which had been in HTML since the mid-1990s, and portal/directory pages (Yahoo!, AOL, MSN) that rendered categorized hyperlink lists as rows of clickable logo images.
4. Grounds of Obviousness
Ground A — Claims 1, 3, 4, 6, 7: hierarchical drop-down menu references
References: Rigby (2004) and/or Griffiths & Webb (2003); alternatively Wollin (2004) or Arguelles (2002).
Rigby and Suckerfish each disclose a menu bar of top-level textual hyperlink representations. Hovering or clicking one causes a second set of hyperlink representations (submenu items) to be displayed; the user then selects one, and the browser navigates to the destination. That maps element-for-element onto claim 1(A)–(E), and directly meets dependent claims 2 (textual first set), 3/4 (click or hover on the first level), and 6/7 (click or hover on the second level) — claim 3/4 and 6/7 are mere alternative-recitation of the two input modalities the references teach.
A POSITA would have been motivated to apply these techniques for the reasons the references themselves state and the specification concedes: conserving "visual real estate," reducing clutter, and presenting a large link inventory only when the user signals interest. The combination requires no modification of the references' operating principles — it is the references' own operating principle. Under KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), and In re Fracalossi, employing a known GUI technique to achieve a predictable result is obvious.
Ground B — Claim 5 (second set is graphical) and the logo embodiment
References: Ground A in view of clickable-image/image-map art (e.g., client-side image maps and image hyperlinks, US 2001/0018698 (Uchino) and US 2002/0130895 (Brandt)-type art; verify exact mapping against the printed references).
The only thing claim 5 adds over claim 1 is that the revealed set is "graphical." Rendering a hyperlink as a graphic (logo, button, badge) instead of text is the oldest trick in the web toolkit. The specification itself acknowledges the prior existence of "graphical representations of hyperlinks" (a picture of a person on a page linking to that person's home page) — an admission that graphical hyperlinks were known. Substituting a logo image for a text submenu label is a simple substitution of one known element for another, to obtain a predictable result, squarely within KSR.
Motivation: the specification supplies it verbatim — "it is likely that the user will already associate the company logo with the corresponding company name (attached to the hyperlink). The method is also visually more appealing than commonly used plain text methods." That is a recognition-of-brand and aesthetics motivation, i.e., exactly the kind of design incentive a POSITA would have had.
Ground C — Claim 8 ("substantially immediately")
References: Ground A/B in view of AJAX/pre-loading practice (Wollin; and the AJAX technique the specification itself describes).
Claim 8 claims only the speed of a client-side reveal. Pre-downloading the submenu assets with the page and toggling visibility via CSS/JavaScript was routine by 2003–2004 (Suckerfish is a pure-CSS visibility toggle with zero server round-trip; Wollin teaches the JavaScript equivalent). The spec admits AJAX pre-loading was known ("all of the logos may be pre-downloaded with the web page ... without requiring additional accesses to the server"). Obvious.
Ground D — Claims 9 and 10 (user-specified first/second sets)
References: Ground A in view of bookmark/favorites and customizable-portal art (e.g., user-configurable "My Yahoo!"-style portals; and the specification's own statement that "[t]he hyperlinks that are displayed may be predetermined by the web page designer, determined by the user, or any combination thereof. The user may, for example, be provided with the ability to set up categories (and subcategories) comprising favorite website hyperlinks.").
Letting a user specify which links appear in a menu was a decades-old convention (browser bookmarks, portal customization). Claim 9/10 add nothing inventive.
Ground E — Alternative single-reference-family theory
Elements (A)–(E) are also collectively disclosed by the parent application's own incorporated subject matter and by any number of pre-2006 hierarchical navigation widgets — e.g., the classic "menu bar → dropdown → navigate" pattern found in desktop GUIs, Dreamweaver-generated DHTML menus (Arguelles 2002), and FrontPage menus (Wollin 2004). A single one of Wollin or Arguelles, applied to a browser-based hyperlink list, discloses every step of claim 1 as a matter of routine implementation.
5. Motivation to Combine — Consolidated Rationale
A POSITA would have combined the references for at least these articulated reasons, each supported by the record rather than hindsight:
- Problem expressly identified in the art. Both the patent's Background and the drop-down-menu literature frame the same problem: graphical links convey destination but consume too much space, and text links conserve space but under-convey destination. Combining a text-driven hierarchical reveal (space-efficient) with graphical link representations (destination-informative) is the direct, predicted solution to that stated trade-off — not an inventive leap.
- Same field, same problem, same GUI paradigm. All references sit in web-page navigation and hierarchical menus. KSR / In re Icon Health & Fitness teach that combining references from the same field addressing the same problem is proper.
- Predictable, no new operating principle. Adding a graphical submenu to a text menu-bar does not change how the menu-bar works. No reference teaches away; no unpredictable result is alleged.
- Design incentive / market demand. The patent itself asserts revenue-generating and usability benefits (advertisement placement, aesthetics, brand-logo recognition). KSR recognizes market demand and design incentives as motivations.
- Known-design-elements aesthetic substitution. Replacing text with logos is a classic "obvious to try" aesthetic/branding choice.
6. Anticipated Patentee Rebuttals and Why They Likely Fail
| Likely argument | Assessment |
|---|---|
| "The references teach text submenus, not graphical submenus." | Only claim 5 requires graphical, and claim 1 does not — so this does not save claim 1. For claim 5, logo-for-text is a known simple substitution with predictable results (KSR). |
| "The second set is category members (stock-research sites, UK news sites), not merely a submenu." | This is an argument about the specification's embodiments, not the claim language. Claims 1–10 contain no category-membership limitation. If the patentee wants that scope, it must read in an unclaimed requirement, which the specification's "the hyperlinks that are displayed may be predetermined by the web page designer ... or any combination thereof" affirmatively forecloses. |
| "Objection — the references are non-analogous art (CSS layout vs. hyperlink design)." | Both are web-page authoring/presentation. Same field of endeavor; also reasonably pertinent to the problem of link presentation. |
| Secondary considerations (commercial success, licensing revenue, litigation) | Any nexus argument must tie commercial success to a claimed feature rather than to the aggregation/message-board platform (the 7,529,795-family subject matter) or to branding. Licensing activity alone, without nexus, carries little weight. The invention's own admission of AJAX preloading undercuts "unexpected results" for claim 8. |
7. Conclusion
On the record available:
- Claims 1, 3, 4, 6, 7 are, in my assessment, obvious over Rigby (2004) and/or Griffiths & Webb (2003) — and independently over Wollin (2004) or Arguelles (2002) — each of which discloses a top-level hyperlink representation whose selection/hover reveals a second set of hyperlink representations whose selection navigates.
- Claim 2 is obvious over the same references (which literally show textual top-level items).
- Claim 5 is obvious over Ground A in view of the well-known clickable-graphic/image-map hyperlink art, motivated by the brand-recognition and aesthetics rationale the patent itself recites.
- Claim 8 is obvious over Ground A/B in view of AJAX/CSS pre-loading practice (Wollin; Suckerfish), which the specification concedes was known.
- Claims 9 and 10 are obvious over Ground A in view of bookmark/favorites and customizable-portal art.
Confidence and gaps. My confidence is high on the substance that this claim set covers routine hierarchical-menu navigation and that §103 combinations exist; the strongest single combination is the ALA drop-down-menu references (Rigby / Suckerfish) optionally with Wollin, taken alone for claims 1–4 and 6–7. My confidence is lower on the precise document numbers and paragraph-level pin cites for the patent-side references (Uchino, Brandt, Goerz, Hayes, Sharon, Cheever) because those came from third-party mirrors rather than the printed "References Cited" face of the patent, and I could not verify claims 11+ or the exact content of every cited reference. Any formal obviousness contention should re-verify each reference's number, date, and supporting passages against the official file wrapper and the references themselves before filing.
Generated 10/1/2026, 12:54:40 PM
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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