Overture Services, Inc. v. Google Inc.

Filing 165

Declaration of Christine P. Sun in Support of 164 Miscellaneous Administrative Request Re Filing of Supplemental Claim Construction Brief and to file Supplemental Claim Construction Brief and Decl. of Ravind S. Grewal in Support under seal; [Proposed Order] filed by Google Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 164 ) (Sun, Christine) (Filed on 5/11/2004)

Overture Services, Inc. v. Google Inc.

Doc. 165 Att. 1

Case 3:02-cv-01991-JSW

Document 165-2

Filed 05/11/2004

Page 1 of 5

PAGES 1 - 121
UNITEP STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BEFORE THE HONORABLE JEFFREY S. WHITE , JUDGE
OVERTURE SERVICES,

INC.,

PLAINTIFF
VS.
GOOGLE

cg (Q) ~

11

NO . C O2 - 1991 JSW

INC.
WEDNESDAY , MARCH 24 , 2004

DEFENDANT.

SAN FRANCISCO , CALIFORNIA

REPORTER I S TRANSCRIPT OF PROCEEDINGS

APPEARANCES:

FOR PLAINTI FF

HELLER , EHRMAN , WHITE & MCAULIFFE

BY:

333 BUSH STREET SAN FRANCISCO , CALIFORNIA 94104 ROBERT HASLAM, ESQUIRE ROBERT D. FRAM , ESQUIRE

FOR DEFENDANT

BY:

KEKER & VAN NEST 710 SANSOME STREET SAN FRANCISCO, CALIFORNIA DARALYN J. DURIE , ESQUIRE CHRISTINE P. SUN , ESQUIRE

94111

REPORTED BY:

JOAN MARIE COLUMBINI , CSR 5435 OFFICIAL COURT REPORTER.

COMPUTERIZED TRANSCRIPTION BY ECLIPSE

JOAN MARIE COLUMBINI , CSR OFFICIAL COURT REPORTER

415- 255- 6842
Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 165-2

Filed 05/11/2004

Page 2 of 5

LIST, II AND , THEREFORE, WE'VE GOT TO JAM EVERYTHING IN THERE
THAT WE CAN IN ORDER TO AVOID

IT.

BUT WE HAVE, AS WE SEE,

OTHER ELEMENTS OF THIS CLAIM WHICH ARE GOING TO DISTINGUISH
BANNER ADS.

BUT BEFORE WE GET THERE LET I S LOOK AT WHAT THE

SPECIFICATION SAYS ABOUT BANNER ADS.

THIS IS - AT COLUMN

LINE 16 THROUGH 30.
BANNER ADVERTISING.

IT STARTS WITH THE CURRENT PARADIGMS,

FIRST THING, "TYPICALLY PRICED ON A PER IMPRESSION
BASIS II ; IN OTHER WORDS, IF IT I S SHOWN, YOU PAY FOR IT

REGARDLESS OF WHETHER ANYONE CLICKS THROUGH , VISITS YOU OR
DOES ANYTHING.

IT' S LIKE THE STORE IN THE BACK OF THE MALL

THAT NO ONE EVER GETS BACK TO, BUT YOU I RE PAYING A THOUSAND

DOLLARS A MONTH REGARDLESS OF WHETHER ANYONE COMES IN OR NOT,

AS CONTRASTED WITH WHAT'S CARRIED FORWARD IN THE CLAIMS,
SOMETHING THAT IS MORE AKIN TO A RENT THAT I S BASED ON GROSS

RECEIPTS , SO IF NO ONE COMES IN, YOU DON I T PAY ANY RENT; IF
YOU GET TONS OF BUSINESS, YOU ARE GOING TO PAY MORE.
THAT I S THE DISTINCTION BETWEEN WHAT THEY ARE SAYING

IS WRONG WITH BANNER ADS AND THIS INVENTION.
THE COURT:
ART?
MR. HASLAM

DOES THIS PURPORT TO DESCRIBE THE PRIOR

THIS PURPORTS TO DESCRIBE THE PRIOR

ART , THE PRIOR ART BANNER ADVERTISING, WHICH IT SAYS FOLLOWS
TRADITIONAL ADVERTISING PARADIGMS

AND THEN IT GOES ON TO SAY

JOAN MARIE COLUMBINI , CSR OFFICIAL COURT REPORTER

415- 255- 6842

M
Case 3:02-cv-01991-JSW Document 165-2 Filed 05/11/2004

--

Page 3 of 5

WHAT IT PERCEIVES TO BE THE SHORTCOMINGS OF THAT PRIOR ART

BANNER ADVERTISING, AND GOOGLE SAYS, BANNER ADVERTISING

YOU

MUST AVOID BANNER ADVERTISING BECAUSE THEY DISPARAGE IT , BUT
THEY DISPARAGE IT BECAUSE ONE THING WAS PAID ON A PER

IMPRESSION.

AND THE CLAIMS - - CAN WE PUT UP CLAIM ONE AGAIN,
ERIC?
THE CLAIMS ELSEWHERE HAVE THE DISTINCTION.
THERE'

A BID AMOUNT ASSOCIATED WITH THE SEARCH LISTING.

THE BID

. AMOUNT IS CHARGED UPON RECEIPT OF A RETRIEVAL REQUEST, WHICH
IS SOMETHING THAT IS CLICKED THROUGH.

THE SEARCH RESULT LIST IS ORDERED

R. FRAM WILL

TALK ABOUT THIS

- - IN THIS

CLAIM IN ACCORDANCE WITH THE VALUES

OF THE RESPECTIVE BID AMOUNTS, RECEIVING A RETRIEVAL REQUEST.
SO ELSEWHERE IN THE CLAIM WE SEE THE DISTINCTION

BETWEEN THAT ASPECT OF BANNER ADS AND THIS.

WE DON'T NEED TO

CRAM IT INTO II SEARCH RESULT LIST.
WHAT ELSE AT COLUMN 3, LINES 30 THROUGH 41?

THIS

CONTINUES. THE PARAGRAPH WE SAW ABOUT WHAT IS ANOTHER PROBLEM

WITH BANNER ADS, IS THAT PEOPLE ARE PAYING FOR EXPOSURE; IN
OTHER WORDS , IT'S BEING DISPLAYED, AND I' M PAYING FOR IT
BECAUSE IT I S BEING DISPLAYED ON A PAGE WHERE PEOPLE MIGHT NOT

BE INTERESTED, NOT INTERESTED IN WHAT THAT BANNER AD

IS.

PEOPLE MIGHT BE INTERESTED, BUT BECAUSE BANNER ADS WERE

GENERALLY NOT SEARCHABLE, THEY WOULDN'T FIND

IT.

JOAN MARIE COLUMBINI, CSR OFFICIAL COURT REPORTER

415- 255- 6842

H
Case 3:02-cv-01991-JSW Document 165-2 Filed 05/11/2004 Page 4 of 5

INFORMATION DISPERSED ACROSS COUNTLESS INDIVIDUAL
COMPUTER SYSTEMS THAT I S CONSTANTLY CHANGING AND HAS NO

RECOGNIZABLE ORGANIZATION OR MORPHOLOGY.
SO GOOGLE I S TREATISE IS AT WAR WITH GOOGLE I S SPEC

CITE.

ITS TREATISE SAYS , YOU I VE GOT TO HAVE ORGANIZATION;

RANDOM COLLECTION CANNOT BE A DATABASE.
SAY , A-HA , BUT IN THIS PATENT IT CAN BE.

THEY CITE THE SPEC TO

WE WOULD SUBMIT THEY

MISEMPHASIZE THAT FIRST SENTENCE.
DISTRIBUTED DATABASE.

THEY MISS THE WORD ,

II UNIQUE

IT I S NOT A DATABASE AS PEOPLE NORMALLY

THINK OF IT.
WEB.

PERHAPS THIS IS A METAPHORIC STATEMENT ABOUT THE
WE

IT I S A PARTICULAR KIND OF SET OF DATA, BUT IT IS NOT ,

WOULD SUBMIT , LET I S SAY WHAT DATABASE 40 IS , WHEN MR. HASLAM

PUT UP FIGURE I, AND THE WAY A DATABASE IS SUPPOSED TO
OPERATE.
CERTAINLY , AN ACCOUNT DATABASE HAS TO BE SOMETHING

WHERE THE DATA IS ORGANIZED IN RELATIONSHIP TO SOMETHING,
NAMELY AN ACCOUNT.
THE COURT:

SO YOU WOULD ARGUE YOUR DEFINITION OF

DATABASE IS MORE SPECIALIZED DATABASE , IN EFFECT , A RELATIONAL
DATABASE?
MR . FRAM :

AT LEAST ORGANIZED , AND II RELATIONALII WE

BELIEVE IS THE COMMON TERM IN THE ART AS OF THE TIME
AVE TWO ASPECTS, ORGANIZED AND RELATIONAL , IN THE SENSE THAT
THAT IS WHAT IS IN THE ART , THE COMMON SENSE OF
II

DATABASE II

THE ART AS OF THE TIME ONE GETS TO THIS PATENT APPLICATION.

JOAN MARIE COLUMBINI , CSR. OFFICIAL COURT REPORTER

415- 255- 6842

Case 3:02-cv-01991-JSW

Document 165-2

Filed 05/11/2004

Page 5 of 5

CERTIFICATE OF REPORTER
I, JOAN MARIE COLUMBINI , OFFICIAL REPORTER FOR THE

UNITED STATES COURT, NORTHERN DISTRICT OF CALIFORNIA , HEREBY
CERTIFY THAT THE FOREGOING PROCEEDINGS IN C 02- 1991 JSW,

OVERTURE SERVICES. INC. V. GOOGLE INC. , PAGES NUMBERED 1
THROUGH 121, WERE REPORTED BY ME, A CERTIFIED SHORTHAND

REPORTER, AND WERE THEREAFTER TRANSCRIBED UNDER MY DIRECTION

INTO TYPEWRITING; THAT THE FOREGOING IS A FULL, COMPLETE AND

TRUE RECORD OF SAID PROCEEDINGS AT THE TIME OF FILING.
THE INTEGRITY OF THE REPORTER IS

CERTIFICATION OF

SAID TRANSCRIPT MAY BE VOID UPON REMOVAL FROM THE COURT FILE.

JOAN MARIE COLUMBINI, CSR OFFICIAL COURT REPORTER

415- 255- 6842