Rockstar Consortium US LP et al v. Google Inc

Filing 121

NOTICE by Google Inc, NetStar Technologies LLC, Rockstar Consortium US LP PR 4-3 Submission of the Parties (Attachments: # 1 Exhibit A -- Rockstar's Proposals, # 2 Exhibit B -- Google's Proposals)(Sistos, Antonio)

Exhibit B
Defendants’ Claim Constructions and Evidence for Disputed Terms1
Term
advertisement database

Proposed Construction(s)
a database [as defined] of products
or services with corresponding
advertisements

Evidence
2:16-21; 3:20-28; 3:66 to 4:25; 4:31-45; 5:29-38; 5:45-49; 5:64
to 6:16; Figs 1 and 2.

advertising machine

computer configured to provide
advertisements

3:43 to 4:2; 5:18-57; Figs. 1 and 2.
machine
“A mechanical, electric, or electronic device, such as a
computer, tabulator, sorter, or collator.”2
“[A]n instrument (as a lever) designed to transmit or modify the
application of power, force, or motion.”3
“A computer or processor.”4
“an apparatus consisting of interrelated parts with separate
functions”5
“a device that transmits or modifies force or motion”6

associate search engine
1
2
3
4
5
6

indefinite

All patent cites are to the ‘065 Patent.
McGraw-Hill Dictionary of Scientific and Technical Terms (4th Ed. 1989)
Webster’s Third New International Dictionary (1993)
Modern Dictionary of Electronics (6th Ed. 1997)
Random House Webster’s College Dictionary (1999)
Id.

01980.00010/6159296.1

-1-

“the associate search
engine” as recited in claim
26 of the ‘883 Patent
associative search engine

indefinite

a search engine that selects the
product or service that is closest to
the need of the end user

2:16-21; 3:43-47; 4:14-25; 4:31-40; 5:7-17; 5:39-48; 5:64 to 6:4;
Figs. 1, 2.

client

end user computer

3:62-65; 5:18-26; Figs 1, 2.
client
“1. In an Internet service, a program that can communicate with
a server located on the Internet to exchange data of a certain
type, such as a Web document or an e-mail message. A web
browser is a client for accessing information available on Web
servers. 2. In a client/server network, a program that is designed
to request information from a server.”7
“Clients are devices and software that request information.
Clients are objects that use the resources of another object. A
client is a fancy name for a PC on a local area network. It used
to be called a workstation. Now it is the ‘client’ of the server.”8
“a computer that receives services from another computer, or (on
multitasking operating systems) a process that receives services
from another process. The machine or process that is supplying
the services is called the server.”9

7
8
9

Webster’s New World Dictionary of Computer Terms (2000)
Newton’s Telecom Dictionary, 16th Edition (2000)
Barron’s Dictionary of Computer and Internet Terms (1996)

01980.00010/6159296.1

-2-

“a workstation on a network that gains access to central data
files, programs, and peripheral devices through a server”10
communications interface

indefinite, or alternately “browser
application”

3:50-62; Figs. 1 and 2.
interface
“The connection between two hardware devices, between two
applications, or between different sections of a computer
network.”11
“A mechanical or electrical link connecting two or more pieces
of equipment together.”12
“Some form of electronic device that enables one piece of gear
to communicate with or control another.”13
“The hardware for linking two units of electronic equipment, for
example, a hardware component to link a computer with its input
(or output) device.”14
“computer hardware or software designed to communicate
information between hardware devices, between software
programs, between devices and programs, or between a
computer and a user.”15
“Connection between two systems or devices.”16

10
11
12
13
14
15
16

Random House Webster’s College Dictionary (1999)
Webster’s New World Dictionary of Computer Terms (2000)
Newton’s Telecom Dictionary, 16th Edition (2000)
McGraw-Hill Dictionary of Scientific and Technical Terms (4th Ed. 1989)
Modern Dictionary of Electronics (6th Ed. 1997)
Random House Webster’s College Dictionary (1999)
Dictionary of Internetworking Terms and Acronyms (2001)

01980.00010/6159296.1

-3-

“the point of interaction or communication between a computer
and any other entity, such as a printer”17
“the communication
interface” as recited in
claim 12 of the ‘183 Patent
communications link

indefinite

the physical network connection
between the data processing device
and the advertising machine

3:43-62; 4:5-10; 5:12-15; Figs. 1 and 2.
Communication Link
“The physical means of connecting one location to another for
the purpose of transmitting and receiving the information.”18
Data Link
“the physical equipment for automatic transmission and
reception of information. Also known as communication link”19
“equipment, especially transmission cables and interface
modules, which permits the transmission of information”20
“A term used to describe the communications link used for data
transmission from a source to a destination. In short, a phone line
for data transmission. Or, a fiber optic.”21

correlating

matching

4:14-19; 4:31-40; 5:29-34; 5:64 to 6:11.
‘969 File History, 6/2/05 Corrected Reply Brief, at 10-11; Id.,
2/17/07 Notice of Allowability at 2-3; Id., 3/28/07 Comments on
Statement for Reasons of Allowance at 1; File History, U.S.

17
18
19
20
21

American Heritage College Dictionary (Third Ed. 1997)
Modern Dictionary of Electronics (6th Ed. 1997)
McGraw-Hill Dictionary of Scientific and Technical Terms (4th Ed. 1989)
Modern Dictionary of Electronics (6th Ed. 1997)
Newton’s Telecom Dictionary, 16th Edition (2000)

01980.00010/6159296.1

-4-

Appl. 13/031478, 3/6/14 Reply to Office Action at 9-10; File
History, U.S. Appl. 13/723642, 9/20/13 Reply at 9; Id. at 12.
correlate
“to establish a one-to-one correspondence of (two sets or series
of things)”22
[correlating/ correlates] the
received search argument
to a particular
advertisement

See constructions of constituent
components

data network related
information

information from the data network
being searched

1:38-49; 1:58 to 2:2; 3:53-58.
Computer Network
“A system of two or more computers interconnected by
communication channels”23
Network
“collection of computers, printers, routers, switches, and other
devices that can communicate with each other over some
transmission medium”24
“a communications, data exchange, and resource sharing system
created by linking two or more computers and establishing
standards, or protocols, so that they can work together25”

22
23
24
25

Webster’s Third New International Dictionary (1993)
McGraw-Hill Dictionary of Scientific and Technical Terms (4th Ed. 1989)
Dictionary of Internetworking Terms and Acronyms (2001)
Webster’s New World Dictionary of Computer Terms (2000)

01980.00010/6159296.1

-5-

database

an organized collection of data
stored on a computer storage
medium

1:42 to 2:9; 3:9-19; 4:31-40; 5:29-57; 5:64 to 6:11; Figs. 1, 2.
database
“a collection of organized, related data, esp. one in electronic
form that can be accessed and manipulated by specialized
computer software.”26
“A collection of data structured and organized in a disciplined
fashion so that access is possible quickly to information of
interest.”27
“The entire body of data that has to do with one or more related
subjects. Typically, it consists of a collection of data files . . .
stored in a computer system so that they are readily available.”28
“A block of computer memory containing information about one
given thing.”29
“a collection of data stored on a computer storage medium, such
as a disk, that can be used for more than one purpose.”30

database search engine

indefinite

1:8-31; 2:34-39; 4:2-13; 4:32-33; 5:64-65; Figs. 1, 2.
“Why are my submitted pages (or site) not in the index yet?
The Open Text Index is updated on a regular basis, typically at
least once a month and sometimes more frequently than that.
Each version of the database is based on pages and links found in
the previous one, plus submitted pages and sites. Due to the way

26
27
28
29
30

Random House Webster’s College Dictionary (1999)
Newton’s Telecom Dictionary (16th Ed. 2000)
Modern Dictionary of Electronics, def. 1. (6th Ed. 1997)
Id. at def. 2.
Dictionary of Computer and Internet Terms (5th Ed. 1996)

01980.00010/6159296.1

-6-

our crawler works, we cannot guarantee that any particular page
or site will be included in any version of the Open Text Index.
Reasonable efforts are made to include such submissions in the
index, but there are many factors that can affect which pages or
sites actually make it into the final index (sites or pages may be
inaccessible at the time they are crawled, duplicate pages and
pages with repeating text strings are removed, to name a few).”31
“Open Text has been a leader in the full-text indexing software
business for years. The strength of our software lies in its ability
to search extremely large textual databases at blazing speed. It
also understands the structure of documents, and handles SGML
and HTML. When the World Wide Web came along, we thought
it would be cool to see if our software would run on it. And
guess what? It does! So now we maintain the Open Text Index as
a live demonstration of the power of our software, which you can
purchase or license for your organization.”32
“People find information on the Internet through directories or
search engines, but they often use the wrong one for what they
are looking for. Directory sites are best for finding sites on a
specific subject: Yahoo!, LookSmart and other Internet
directories have categorized sites by subject matter. When
looking for a very specific subject, such as Nairobi-based
flautists with gout, a search engine is a better choice because it
will examine all words on all pages of the Internet. Infoseek,
Excite, AltaVista and other search engines can provide
information not available from a directory, but they may also
generate hundreds of thousands of responses to a query. Website designers can make their sites more search-engine-friendly
by being sure that each page has a unique, descriptive title. There
should also be links from every page to the site's home page….
31

The Open Text Index - Frequently Asked Questions, available at http://web.archive.org/web/19971210183120/
http://index.opentext.net/main/faq.html
32
The Open Text Index - Frequently Asked Questions, available at http://web.archive.org/web/19971210183120/
http://index.opentext.net/main/faq.html
01980.00010/6159296.1

-7-

When you're looking for a site devoted to a particular topic,
directory sites are the place to start. These sites, including
Yahoo! and LookSmart, offer orderly listings created by a team
of editors who've combed through the Internet and categorized
sites based on their subject matter. Directory sites such as
Yahoo! try to be complete guides to the Web and will include
just about any submitted site in their listings…. Search engines
send out "robots," automated Web browsers that surf endlessly
from link to link, keeping track of what text appears on
Webpages. As a result, when you use Infoseek, Excite, or
AltaVista, you're combing through a massive database.”33
“There are dozens of Web search tools available, but most of
them fall into one of two basic categories: search engines and
directories. Search engines typically use automation to assemble
massive indexes of Web sites. Controlled by software running on
powerful machines, they crawl electronically through every Web
site they can find, downloading pages as they go. The crawlers,
often called "spiders," extract information from the Web pages
and store it in the search engine's index. Directories are compiled
by human beings who collect information about Web sites by
looking at them individually. Unlike a search engine, which tries
to include as much information as possible, a directory is more
selective, categorizing sites in an attempt at useful organization.
Yahoo, the most famous of the Web directories, has a staff of 55
surfers. Most of their work consists of examining and
categorizing sites submitted to them by computer users and site
developers, although they also do some active browsing to catch
pages that aren't called to their attention.”34
“Iain Osborne, marketing director of Yahoo!'s European
operation, says: 'I don't like being called a search engine. We are
not a search engine, and we never have been a search engine:
we're an Internet media company.' While it's possible to dismiss
33
34

“When Hits Are Misses” ZDNet (1997)
“WEAVING THROUGH THE WEB” (1997)

01980.00010/6159296.1

-8-

Osborne's complaint as semantics - Yahoo! is a hierarchical
directory of Web sites created by human beings, rather than an
index compiled by software robots called 'crawlers' or 'spiders',
like Alta Vista - he is making a serious point.”35
“Spiders are widely recognized as one of the key technologies
which have made the Internet's vast resources accessible to end
users by collecting and organizing information into searchable
databases. Without them, the wells of data located on Internetconnected machines worldwide would be nearly impossible for
average users to find. The patent covers two important areas of
spider technology: that which uses an intelligent, heuristic
method to determine which sites to spider; and using Web site
"popularity" as a determinant.”36
“Web-based engines like Lycos (http://www.lycos.com),
Infoseek Guide (http://www2.infoseek.com), Excite
(http://www.excite.com) and Alta Vista
(http://www.altavista.digital.com) send out software agents, or
"spiders", that crawl the nooks and crannies of the vast global
information network, building indexes that can be scanned in
seconds. Complementing these databases are searchable
"directories" like Yahoo! (http://www.yahoo.com), Magellan
(http://www.mckinley.com) and PointCom
(http://www.pointcom.com).”37
“"We have dealt with it very directly," said Sarah Garnsey,
marketing communications manager at Lycos, which counts 2
million page views per day. In the past few months, the company
has been developing and using a more sophisticated kind of
spider. "We have patent-pending technology that looks at the
positioning of words on a page, the number of times they are
repeated and their proximity to one another," she said. "It
35
36
37

“Computing and the Net: The new seekers” (1997)
“Significant Patent To Be Issued for Lycos' Intelligent "Spider" Technology” (1997)
“Finding Web Info Is Now A Lot Easier” (1996)

01980.00010/6159296.1

-9-

processes all those pieces of information. It pretty much ignores
the more obvious tricks." Yahoo! - more of a directory than a
grab-all search engine - has its own way of cheating the cheats.
"It doesn't impact us as much," said Karen Edwards, director of
brand management, repeating the mantra of nearly every search
engine employee I spoke to. "Basically, the way we work is that
we have our directory, which is about 370,000 sites categorized
by humans, so when you do a search on Yahoo! the first search
gives you results within Yahoo!" Edwards said. "Those searches
are based only on words in the title or in the 20-word description
of the site." All titles and descriptions are viewed by Yahoo!
employees, she said, before they are entered in the directory.
Even so, spamdexing a site won't do designers much good when
the Yahoo! search looks only at the title and the description.
Recently, Alta Vista became the second search choice of Yahoo!
visitors, so if they don't find what they want in the ordered world
of Yahoo! they can click on the Alta Vista icon and head for the
much bigger, less controlled vat of sites and Usenet postings that
the Digital-owned engine encompasses. Monier said Alta Vista's
search tools don't get fooled by spamming. "Our search engine is
smarter than that," he said. "We use a different formula. The
number of times a word appears in the document counts for very
little. Our engine looks for how rare a word is, where it is in the
document and, if there are several words in the query, how close
to each other those words appear in the document. All those
things count a lot more than repeated words."”38
“We set out to test the seven major Web search engines available
for free on the Internet: Alta Vista, Excite, InfoSeek Guide,
Lycos, Open Text, Web Crawler, and WWWWorm. Each of
these systems offers essentially the same service: You log onto
the page with a browser, type a query into a text box, and within
seconds the program returns a list of clickable links. No special
software is needed. These seven sites are quite different from
Net directories like Yahoo and Magellan, which are essentially
38

“Life In Cyberspace / Cheaters Connive For Pole Position On Search Engines” (1996)

01980.00010/6159296.1

- 10 -

registries of Web sites based on descriptions submitted by
Webmasters or written by the directory's staffs.
ENGINE ANATOMY
Web search engines attempt to create a detailed record of the
Web using automated software agents nicknamed spiders-that
crawl from URL to URL, visiting every site in the public areas
of the Web and recording the addresses. All search engines
handle these initial steps in essentially the same way. What the
various systems do from this point on makes for some significant
differences in the quality and quantity of search results. Some
send robot software to every site and record the full text of every
page. Others first analyze the addresses in the database to
determine which sites seem most popular (typically by
determining the number of links pointing to the sites in
question). They then send out software to record information at
these sites only--anything from the bare HTML title and header
to an algorithmically constructed summary of contents to the full
text of the entire site. And whatever the scope of the database, it
must be rebuilt, refreshed, or updated regularly to keep the
system current.”39
“Whether or not the Lycos database is a complete snapshot of
the Web should be of little concern to users as long as the search
engine delivers accurate results. In our tests, Lycos often
delivered the most comprehensive results (generally equivalent
to Alta Vista's). However, the size of each report often was
overwhelming. We generally did not find relevant information
on the first two or three pages of Lycos 's search results as often
as we did with Excite, InfoSeek, and Open Text searches. Lycos
builds its database cumulatively rather than rebuilding the
database periodically. In updating information on new and
existing URLs, Lycos's software creates a measure of each site's
popularity by looking at the number of other links pointing to a
site. The engine then uses this popularity index in performing
each search. The relevancy of each hit result is partly based on
39

"Search Engine Showdown" (1996), at 79-80.

01980.00010/6159296.1

- 11 -

the site's relative popularity.
…
The Lycos database is not based on the full text of each page.
Rather, it creates abstracts of pages based mainly on headers,
titles, links, and the first few words of key paragraphs-all of
which is designed to maximize broadly relevant information.”40
“Two Ways Engines List Sites
Search mechanisms fall Into two categories. The first are sites
like Yahoo! which function like telephone books, usually listing
sites one or two times under specific subjects. "Net masters
should submit their URL in order to be listed.
By contrast, search engines like WebCrawler and InfoSeek use
“spider” or “robots” to index the Web. These programs
automatically search the Web by indexing one page and then
indexing all documents that are hyperlinked to it. If your Web
site has 50 pages, a spider web may index every page
Major engines—including Alta Vista, Excite, Infoseek, Lycos,
Yahoo! and WebCrawler—use a dataset Indexed by the spider to
provide a set of related sites.
These sites are presented to the user in order of their relevance,
which is determined by set criteria used by the engine.”41
See also GOOG-WRD-00190574-84; GOOG-WRD-00191531912; GOOG-WRD-00190917-23; GOOG-WRD-00190823-32;
OTLB00000027-41; OTLB00000044-47; OTLB00000188-90;
OTLB00000191-93; OTLB00000194-201; OTLB00000204-225;
OTLB00000302-04; OTLB0000001-305.
data processing device (of a a desktop computer, such as a PC or
user)
a Macintosh, executing a browser

40
41

3:50-65; 5:39-57; Figs. 1 and 2.

"Search Engine Showdown" (1996), at 83-84.
PR News, “Make Sure Search Engines Find Your Site” (1996)

01980.00010/6159296.1

- 12 -

“the desired information”,
indefinite
as recited in claim 22 of the
‘969 Patent
determining whether the
advertisement was
successful

indefinite

direct[ing] the data
processing device to a
website corresponding to
the selection of the
advertisement.

connect[ing] the data processing
device to the website of the
advertiser or seller

4:64 to 5:3; 6:39-44.

display[ing] [] in a
[first|second] display
portion of a display of the
data processing device

display [as defined] in a first|second
window of a display of the data
processing device

2:35-48; 4:14-25; 4:41-45; 4:56-61; 6:27-31.

distinct differing databases

indefinite

extract a toll based upon a
fee record

obtain payment of a fee recited in a
fee record

4:64 to 5:6; 6:39-44.
Extract
“obtain (something such as money or an admission) from
someone in the face of initial unwillingness”42
“to obtain (as money or knowledge of a secret) by much
maneuvering and effort from or as if from someone unwilling”43

42

http://www.oxforddictionaries.com/us/definition/american_english/extract

01980.00010/6159296.1

- 13 -

“to draw forth; educe”44
(generate a) fee record

(generate) a record of a toll for
bringing a buyer and seller together

4:64 to 5:6; 6:39-44.

included in a web page

included in a file or document on the 4:19-25; 4:41-45; 5:29-38; 6:12-16.
World Wide Web
Web Page
“An HTML document on the Web, usually one of many that
together make up a Website.”45
“a single, usually hypertext document on the World Wide Web
that can incorporate text, graphics, sounds, etc.”46
“a file of information made available for viewing on the World
Wide Web and seen by the user as a page of information on the
screen”47

interacting with the
advertising machine via the
communications link to
provide information used to
create user profile data for
the user

43
44
45
46
47
48
49

the data processing device and
advertising machine acting upon
each other via the communications
link to provide information used to
create user profile data for the user

2:44-51; 3:50-65; 5:39-57; 6:4-12; Figs. 1 and 2.
interact
“to act upon each other : have a reciprocal effect or influence”48
“to act upon one another”49

Webster’s Third New Dictionary (1993)
Random House Webster’s College Dictionary (1999)
Newton’s Telecom Dictionary (16th Edition 2000)
Random House Webster’s College Dictionary (1999)
Barron’s Dictionary of Computer and Internet Terms (1996)
Webster’s Third New International Dictionary (1993)
Random House Webster’s College Dictionary (1999)

01980.00010/6159296.1

- 14 -

“to act on each other”50
modified search results

a set of search results created by
modifying previous search results;
not a new set of results

2:22-27; 4:46-61; 6:17-29.

particular advertisement

advertisement that is closest to the
need of the user

1:38-49; 1:58 to 2:2; 4:14-25; 5:7-17; 5:29-38.

information about the user’s
preferences, not the user’s search
arguments

2:44-49; 2:53-58; 5:7-12; 5:39-57; 6:5-11; Figs. 1 and 2.

preference data for the user

File History, U.S. Appl. 13/031478, 3/6/14 Reply to Office
Action at 9-10.

File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

prior searching history

the user’s previous search arguments 2:22-27; 4:49-63; 5:7-17; 5:49-57; 6:34-37.

receiv[e|ing] a response
from the data processing
device via the
communications link that
indicates non-selection of
the at least one
advertisement.

receiv[e|ing] a response from the
data processing device via the
communications link that shows
non-selection of the at least one
advertisement

refin[ing] the search results

narrowing the previous set of search
results

refined search results

a set of search results created by
narrowing the previous set of search

3:20-28; 4:46-63; 6:20-34.
indicates
“to point out or point to or toward with more or less
exactness.”51
“to point out or point to”52
2:22-27; 4:46-48; 6:17-29.
refine

50
51
52

American Heritage College Dictionary (Third Ed. 1997)
Webster’s Third New International Dictionary (1993)
Random House Webster’s College Dictionary (1999)

01980.00010/6159296.1

- 15 -

results

“to improve or perfect by pruning, polishing, or rarefying”53
“to make more fine, subtle, or precise”54
“to reduce to a pure state; purify”55

search argument

search refinement input

the text entered by the user and
submitted to the search engine

1:38 to 2:10; 4:2-13; 4:29-40; 5:49 to 6:11; Figs. 1 and 2.
‘178 File History, 9/23/2009 Response to Non-Final Office
Action at 10-11, 15; ‘178 File History, 5/27/10 Response to Final
Office Action at 11-12; '883 File History, 9/22/09 Response to
Non-Final Office Action at 9-10; File History, U.S. Appl.
13/031478, 3/6/14 Reply to Office Action at 9-10; File History,
U.S. Appl. 13/723642, 9/20/13 Reply at 9, 12; Id., 4/9/14 Reply
at 10, 11, 15; File History, U.S. Appl. 13/724,076, 10/9/13 Reply
at 12; File History, U.S. Appl. 13/724,076, 4/22/14 Reply at 12;
File History, U.S. Appl. 13/724,369, 10/4/13 Reply at 7-8.

information regarding a search query 2:22-27; 4:46-48; 6:17-29.
entered after receiving the initial set
‘178 File History, 9/23/2009 Response to Non-Final Office
of search results
Action at 12, 15; ‘178 File History, 5/27/10 Response to Final
Office Action at 13.
refine
“to improve or perfect by pruning, polishing, or rarefying”56
“to make more fine, subtle, or precise”57

53
54
55
56
57

Webster’s Third New International Dictionary (1993)
Random House Webster’s College Dictionary (1999)
American Heritage College Dictionary (Third Ed. 1997)
Webster’s Third New International Dictionary (1993)
Random House Webster’s College Dictionary (1999)

01980.00010/6159296.1

- 16 -

“to reduce to a pure state; purify”58
search result[s]

a page of WWW site locations
matching the search argument

“the search term” as recited
in claims 7 and 20 of the
‘183 Patent
select[ing] at least one
differing advertisement
based upon the nonselection of the at least one
advertisement

indefinite

selecting at least one replacement
advertisement based upon the nonselection of the at least one
advertisement

2:22-27; 3:20-28; 4:49-63; 6:20-34.

server [computer]

a computer that provides services to
client programs on end user’s
computers

3:62-65; 5:18-26; Fig. 2.

3:66 to 4:13; 4:31-40; 5:64 to 6:11.

Server
“a computer that provides services to another computer (called
the client)”59
“Node or software program that provides services to clients”60
“a server is a shared computer on the local area network that can
be as simple as a regular PC set aside to handle print requests to
a single printer. Or, more usually, it is the fastest and brawniest
PC around . . . used as a repository and distributor of oodles of
data. IT may also be the gatekeeper controlling access to voice
mail, electronic-mail, facsimile services”61

58
59
60
61

American Heritage College Dictionary (Third Ed. 1997)
Barron’s Dictionary of Computer and Internet Terms (1996)
Dictionary of Internetworking Terms and Acronyms (2001)
Newton’s Telecom Dictionary (16th Edition 2000)

01980.00010/6159296.1

- 17 -

“in a client/server network, a computer or program that is
dedicated to providing information in response to external
requests”62
“a computer that makes services, as access to data files,
programs, and peripheral devices, available to workstations on a
network”63
sort[] the search results

2:33-43.

separate the search results into
groups

sort

the search results have been search results that have been
separated into groups
sorted

“to separate from other sorts”64
“to assign by or as if by lot”65
“to separate from others”66
“(1) The operation of sorting. (A) (2) In word processing,
rearrangement of blocks of text according to specific
instructions. (3) To segregate items into groups according tp
specified criteria. (l) (A) (4) To arrange a set of items according
to keys used as a basis for determining the sequence of the items;
for example, to arrange the records of a personnel file in
alphabetical sequence by using the employee names as sort keys.
(A) (5) Synonym for order.
Note: Sorting involves ordering, but need not involve
sequencing, for the groups may be arranged in an arbitrary

62
63
64
65
66

Webster’s New World: Dictionary of Computer Terms (2000)
Random House Webster’s College Dictionary (1999)
Random House Webster’s College Dictionary (1999)
Webster’s Third New International Dictionary (1993)
American Heritage College Dictionary (Third Ed. 1997)

01980.00010/6159296.1

- 18 -

order.”67
subsequent advertisement
selection operations

selection of replacement ads within
a search session

the at least one
advertisement obtained
from at least one database
having advertisement
information based upon the
search argument and the
user preference data

indefinite

update[e|ing] the
advertisement database
based upon the [non-]
selection of the
advertisement

change[ing] the advertisement
database to indicate that an
advertisement has [not] been
selected

updating advertisements
provided to the data
processing device based
upon a determination that
the user does not select the
at least one advertisement

3:1-8; 3:30-28; 4:49-63; 6:20-37.

4:56 to 5:7; 6:27-44.
update
“To change a record by entering current information; for
example, to enter a new address or account number in the record
pertaining to an employee or customer. Also known as
posting.”68
To search the file (such as a particular record in a computer tape)
and select one entry, then perform some operation to bring the
entry up to date.”69
“Generally applied to computer files, in which records are added,
deleted, or amended, to ensure that the latest information is
contained in the file.”70

67
68
69
70

IBM Dictionary of Computing (Tenth Ed. 1993)
McGraw-Hill Dictionary of Scientific and Technical Terms (4th Ed. 1989)
Modern Dictionary of Electronics (1997)
Modern Dictionary of Electronics (1997)

01980.00010/6159296.1

- 19 -

“to bring up to date; incorporate new information in.”71
“to bring up to date”72
used to create user
preference data by the
advertising machine

indefinite

user

a person using or operating a
computer

1:19-31; 2:16-21; 2:33-52; 3:9-19; 4:26-28; 5:58-60.
File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

“the user” as recited in
claim 45 of the ‘970 Patent

indefinite

[creating] user preference
data

[creating] information about the
user’s preferences, not the user’s
search arguments

2:44-49; 2:53-58; 5:7-12; 5:39-57; 6:5-11; Figs. 1 and 2.

additional input about the user’s
preferences, not the user’s search
arguments

2:44-49; 2:53-58; 5:7-12; 5:39-57; 6:5-11; Figs. 1 and 2.

input about the user’s preferences,
not the user’s search arguments

2:44-49; 2:53-58; 5:7-12; 5:39-57; 6:5-11; Figs. 1 and 2.

user preference edit input

user preference input

File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.
user preference reprioritization input

71
72

additional input about the priority of
the user’s preferences, not the user’s
search arguments

2:44-49; 2:53-58; 5:7-12; 5:39-57; 6:5-11; Figs. 1 and 2.
File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

Random House Webster’s College Dictionary (1999)
Webster’s Third New International Dictionary (1993)

01980.00010/6159296.1

- 20 -

user profile data

data in the profile about the user

2:44-49; 2:53-58; 5:7-12; 5:15-17; 5:39-57; 6:5-11; 6:35-38;
Figs. 1 and 2.
File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

user specified preferences

preferences specified by the user,
not the user’s search arguments

2:44-49; 2:53-58; 5:7-12; 5:39-57; 6:5-11; Figs. 1 and 2.
File History, U.S. Appl. 13/724,369, 4/29/14 Reply at 15.

web page data format

HTML format

HTML
“The language used to describe WWW pages so that font size
and color, hypertext links, nice backgrounds, graphics, and
positioning can be specified and maintained (though users can
change how these are actually displayed by their own
browsers.”73
“HyperText Markup Language: a set of standards, a variety of
SGML, used to tag the elements of a hypertext document, the
standard for documents on the World Wide Web.”74
“HyperText Markup Language. This is the authoring software
language used on the Internet’s World Wide Web. HTML is
used for creating World Wide Web pages.”75
“Acronym for HyperText Markup Language. A markup
language for identifying the portions of a document (called
elements) so that, when accessed by a program called a Web
browser, each portion appears with a distinctive format. HTML

73
74
75

Computer Dictionary (1998)
Random House Webster’s College Dictionary (1999)
Newton’s Telecom Dictionary (16th Edition 2000)

01980.00010/6159296.1

- 21 -

is the markup language behind the appearance of documents on
the World Wide Web (WWW).”76
Order of steps of claim 17
of the ‘970 Patent

Steps 17[b] and 17[c] must occur in
order.77

Order of steps of claim 26
of the ‘970 Patent

Steps 26[b] and 26[c] must occur in
order.78

Order of steps of claim 41
of the ‘970 Patent

Steps 41[b] and 41[c] must occur in
order.79

Order of steps of claim 1 of
the ‘178 Patent

Steps 1[b] and 1[c] must occur in
order. Steps 1[f] and 1[g] must
occur in order.80

Order of steps of claim 12
of the ‘178 Patent

Steps 12[d], 12[e], and 12[f] must
occur in order.81

Order of steps of claim 1 of
the ‘183 Patent

Steps 1[b] and 1[c] must occur in
order.82

76

Webster’s New World: Dictionary of Computer Terms (2000)
The parties agree that step 17[a] must occur first, and that steps 17[d], 17[e], and 17[f] must occur in order after steps 17[b] and
17[c].
78
The parties agree that step 26[a] must occur first, and that steps 26[d] and 26[e] must occur in order after steps 26[b] and 26[c].
79
The parties agree that step 41[a] must occur first, and that step 41[d] must occur after steps 41[b] and 41[c].
80
The parties agree that step 1[a] must occur first, that steps 1[d] and 1[e] must occur in order after steps 1[b] and 1[c], and that step
1[h] must occur last.
81
The parties agree that steps 1[a], 1[b], and 1[c] must occur in order first, and that steps 1[g] and 1[h] must occur in order after steps
1[d], 1[e], and 1[f].
82
The parties agree that step 1[a] must occur first, and that step 1[d] must occur after steps 1[b] and 1[c].
77

01980.00010/6159296.1

- 22 -

01980.00010/6159296.1

- 23 -