Rockstar Consortium US LP et al v. Google Inc

Filing 123

RESPONSE in Opposition re 117 MOTION to Strike Defendant Google Inc.'s Deficient Obviousness Disclosure Under Patent Rule 3-3(B) filed by Google Inc. (Attachments: # 1 Declaration of Lance Yang, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Text of Proposed Order)(Perlson, David)

EXHIBIT G

Exhibit B

EXHIBIT B
TABLE OF CONTENTS

Table Bl Search References .................................................. ..
Table B2 Searching another Database for Advertisements
Table B3 Providing Search Results and Ads Together.......... ..
Table B4: User Preference Input and User Profile Data ......... ..
Table B5 Fuzzy Logic ............................................................ ..
Table B6 Fee Records ............................................................ ..
Table B7 Databases, Clients, Servers .................................... ..

i

EXHIBIT B
Where obviousness is asserted, an explanation of Why the prior art renders the asserted
claim obvious, including examples of combinations of prior art showing obviousness, is set forth
in claim charts A-1 to A-39, which identify specific examples of Where each limitation of the
asserted claims is found in the prior art references, or herein. The cited portions are only
examples, and Google reserves the right to rely on un-cited portions of the prior art references.
Because discovery is ongoing and Google has not yet completed their investigation,
discovery, or analysis of the issues raised by Rockstar’s claims, Google reserves it right to
supplement and amend its explanation of Why the prior art renders the asserted claims obvious,
including an identification of any combinations of prior art showing obviousness, as they receive
additional information either through their own investigations or from Rockstar or third parties.
In particular, Google’s investigation and analysis is significantly impeded by the insufficiency
and incompleteness of Rockstar’s infringement contentions.

l

Table B6: Fee Records
To the extent the references addressed in claim charts A-1 to A-39 does not disclose the
limitations identified in each chart citing Table B6, one of ordinary skill in the art would be
motivated to combine the references addressed in claim charts A-1 to A-39 with any one or more
of the Table B6 references listed below because: it would have yielded predictable results; using
the techniques of the Table B6 references would have improved the primary or obviousness
references in the same way; and applying the techniques of the Table B6 references to improve
primary or obviousness references would have yielded predictable results.
Reference
U.S. Patent No.
6,119,101
(“PECKOVER”)

Disclosure
See, e.g., PECKOVER, 10:20-29:
A practical and viable electronic marketplace involves the
exchange of market information, as well as the more obvious
trading for goods and services. From a consumer’s point of
view, shopping is a means of gathering data about goods and
services offered. This data is used by the consumer to compare
and rank offerings and to make decisions about purchases.
From a provider’s point of view, consumer shopping is an
opportunity to gather data about consumer needs and interests.
This data is used by the provider to improve product and
service offerings.

PECKOVER, 11:16-19:
Consumers have a standardized mechanism for receiving
considerations from advertisers in exchange for allowing
delivery of advertisements and other provider information.

PECKOVER, 1 1 :61-62:
Providers can provide a consideration to consumers for
viewing advertisements and other notices.

PECKOVER, 21 :5-1 1:
A Consideration Account function 67 maintains a
“consideration” account for the user. When the user earns a
consideration by, for example, viewing a directly delivered
advertisement or message, or completing a marketing survey,
the consideration amount is credited to Consideration Account
67. The account is denominated in a convertible exchange
media such as electronic cash tokens.

PECKOVER, 1 1:44-46:
Advertising may have higher success rates since the targeted
consumers have expressed an interest in the product.
205

Reference

Disclosure

PECKOVER, 1 1:54-64:
The mechanism for quantifying consumer demand uses data
based on individual buying decisions, not merely aggregate or
estimated data.
Providers can quantify demand in real-time.
Providers have a mechanism for discovering the reasons for
lost sales.
Providers can provide a consideration to consumers for
viewing advertisements and other notices.
Providers can receive feedback in real-time about the success
of promotions.

PECKOVER, 20:13-19:
A Decision Agent Archive 80 stores and accesses Decision
Agents 14 that are expired, i.e., agents that have completed
their tasks, whether successfully or not. For example, if a
Demand Agent 16 needs more detailed data about a query than
is stored in a Query Logger 136 of a Market 18, it can access
the details of the related Decision Agent 14 through Decision
Agent Archive 80.

PECKOVER, 18:40-53:
Referring to FIG. 4A, a Personal Agent 12 or 13 comprises the
functional components of:
a Unique identification (ID) 50,
an Owner Manager 52,
a Preference Manager 54,
a Delivery Manager 56,
an Individual Firewall 58,

a Decision Agent Manager 60,
a Demand Agent Manager 62,
an Ad Manager 64,
a Target Manager 66, and
a Consideration Account 67.

PECKOVER 29:49-67 :

U S Patent No
5 105 184 ( PIRANI )

The Decision Agent’s Response Manager 108 collects
references (step 326) to the matching ads found by Basic
Search Engine. The Response Manager also sends a response
to the Personal Agent that placed the advertisement (if the
placer so desired and marked in the ad), providing real-time
feedback to the placer. Immediate Agents then removes the
Decision Agent from its internal queue and gives the Decision
Agent back to Active Decision Agent Manager 152 (step 328).
PIRANI, 3:1-7:
This new use can also provide to a small or a new software
developer much needed help to launch a software project. By
convincing the viability of the project to a commercial
206

Reference

Disclosure
company which advertise widely to sell their products, the
software developer can receive revenue from such company in
exchange for the right to advertise in the new software.

U.S. Patent No.
5,710,884 (“DEDRICK
PATENT”)

DEDRICK PATENT, 10: 8-2 1:
Thus, the metering server 14 contains an account balance, a
user identification (such as an account number or a name), and
may also include information indicating which information the
user subscribes to. User profile data requested by metering
server 14 from the client systems 12 is stored in user profile
database 30, along with user profile data corresponding to
electronic information being consumed by an end user. As
discussed above, this user profile data does not specifically
identify the individual end user. The account balance and user
identification is contained in the transaction database 32.
Therefore, the only information which is contained in the
metering server which identifies an individual end user is that
user’s identification and an account balance, thereby
maintaining the user’s privacy.
DEDRICK PATENT, 10:22-29:
In one embodiment, the transaction database 32 also includes,
in the log of a transaction, an indicator of the electronic
information consumed. By maintaining such a log, the
metering server 14 is able to summarize an end user’s
consumption for that user’s review. For example, the metering
server 14 may generate a monthly statement summarizing how
much money the end user spent consuming electronic
information.

DEDRICK PATENT, 10:45-61:
If the end user is not a subscriber, the metering process 36
calculates the price of the requested infonnation and accesses
the transaction database to subtract the price from the balance
of the end user’s account. The balance is initially established
when the end user requests an account in the system. The
balance may be specified by the end user and approved by the
clearinghouse server. Approval may be based upon a credit
card nmnber or bank account number provided by the end user
The balance may be updated by the clearinghouse server when
the end user pays his bill. If the balance minus price is greater
than zero, the metering process 36 retrieves the information
and sends the same to the end user. If the balance minus price
is less than zero, the metering process 36 does not retrieve the
infonnation and may send a message to the end user that the
balance has been exceeded. The initial balance of the account
is typically set by a credit limit.

DEDRICK PATENT, 1 1 :35-55:
207

Reference

Disclosure
The software tools include “cost type” and “cost value” fields
that accompany each unit of electronic information. The cost
type and cost value can be utilized to calculate a price that can
be either credited to or debited from the end users. The fields
allow the publisher/advertiser 18 to establish the manner in
which the information will be charged to the end user’s
account. One example of a cost type is “pay per view”
payment method, wherein the end user pays an associated cost
each time the user consumes a unit of information. This cost
may also be proportional to the amount consumed, so that the
cost is higher for consuming the entire unit infonnation rather
than a smallm portion, such as the abstract. This type of
payment may be desirable for information which is typically
seldom consumed by the end user. Other cost types include
payment on a per byte or word of information viewed by the
end user, or payment for the period of time that the user
consumes the information. These cost types may be desirable
when the end user is accessing a database that contains, for
example, corporate or individual credit information, or the
drawings and text of a patent database.
DEDRICK PATENT, 12: 1-26:
‘Pay Per \":uw"'

‘Pay Per Byte"
‘Pay Per Tmie"

The cost value is p.rm-'ld.|:d in a ditferent field and may be
embodied by a simple dma entry by the publisher. For
cxarnp-lb, if the pay per view cost type is selected. the
|Ju|J]j5]1|:[ my enter “$1.00”. If the pay per byte cost type is
selected. the publisher may enter "$0.10 per Mbyte“. and so
forth and so 011. The tools may 3.150 allow the publisher E0
associate :1 p1u_1'a]_i,ty of cost lypes and corresponding G05!

values with the same oontcnt of infonnation.
In addition to debit nrodels. the suftwxe tools may also
allow me piiblishei-Iadsrerfisiz-1' 13 to build a credit model
which credits the end user's account each time the user
views a unit of information. Th.is model is particularly useful
for advertisers who may want to credit the end user’s
account to encoitrage the user to on-nsume an advei-tisement.
By way of example. the credit model can be used in
association with the yellow pages onnteul database. The
plllll.l5l1l:l*I'i)ti'l\'t31'li5£t‘ may also be provided with a field that
allows the publisheriadvertiser to select between credit and
debit.

DEDRICK PATENT, 12:43-54:
The pLlbliSl16I'/flClV61’i1S6I'lS also provided with an account
number so that the charges associated with the consumption of
infonnation provided by the publisher/advertiser is charged to
the account number of the publisher/advertiser. For example, a
publisher may provide a unit of information which is
subsequently consumed by the end user. The charge incurred
208

Reference

Disclosure
by the end user is then debited against the user’s account and
credited to the publisher’s account. By way of another
example, the end user may view an advertisement, wherein the
charge associated with the unit of infonnation viewed is
credited to the end user’s account and debited to the
advertiser’s account.

DEDRICK PATENT, 14: 19-37:
As shown in FIG. 4, each clearinghouse server 20 contains a
demographic database 50, a transaction database 52, billing
process 54 and a session manager 56. The demographic
database 50 contains user profile data collected from the
metering servers 14. The transaction database 52 contains
billing information relating to the end users. The transaction
database 52 also contains data relating to the accounts of the
publishers/advertisers 18. The billing process 54 can access
and process data within the databases 50 and 52. For example,
when an end user consumes a unit of electronic information,
data relating to the consumption of the electronic information
may be sent from the billing server 14 to the clearinghouse
server 20. The session manager 56 instructs the billing process
54 to charge the publisher/advertiser account within the
transaction database 52. The clearinghouse server 20 may also
receive user profile data from the metering servers 14 which is
subsequently stored by the billing process 54 in the
demographic database 50.

DEDRICK PATENT, 15:7-25:
In one embodiment, the billing process 54 also generates bills
for the end users and the publishers/advertisers. Upon a request
from the publisher/advertiser, the session manager 56 instructs
the billing process 54 to generate a bill. The billing process 54
retrieves the billing information from the transaction database
52 and generates a bill. The bill may be electronically
transferred to the end user or sent through a conventional mail
service. The billing process 54 may also generate bills that are
transmitted to the publishers advertisers. The bill may be
generated periodically in accordance with header infonnation
that accompanies the content that is generated by a
publisher/advertiser. Altematively, the clearinghouse server 20
may utilize consumer credit cards and or bank accounts for
billing. For example, amounts owed by the consumer for
consumption of electronic content and amounts due the
consumer for consumption of electronic advertisements may be
charged or credited, respectively, to the consumer's credit card
or bank account.

DEDRICK PATENT, 17: 13-26:
209

Reference

U.S. Patent No.

7,072,849 (“FILEPP”)

Disclosure
The metering server 14 in conjunction with the client activity
monitor 24 of the client system may monitor the end user’s
consumption of electronic advertising information and provide
user profile data to the metering server 14 relating to the end
user. For example, the metering process 36 may monitor the
amount of time an end user spends viewing an electronic
advertisement, or which particular advertisement or page of the
advertisement was of interest to the end user. The metering
process 36 may further monitor what answers were provided
by the user, or paths taken by the user in an interactive model,
along with follow-up requests initiated by the end user in an
interactive model. This information is then forwarded to the
clearinghouse server 20 for compilation.
See, e.g., FILEPP, 3: 1-4:
And, it is still a further object of this invention to provide a
method for presenting advertising in an interactive service
which method enables the user to transactionally interact with
the advertising presented.
FILEPP, 3:44-67:
Also in preferred fonn, the method includes step for
maintaining an advertising object identification queue, and an
advertising object store that are replenished based on
predetermined criteria as advertising is called for association
and presentation with applications. In accordance with the
method, as applications are executed at the reception system,
the application objects provide generalized calls for
advertising. The application calls for advertising are
subsequently forwarded to the reception system advertising
queue management facility which, in tum supplies an
identification of advertising who’s selection has been
individualized to the user based on, as noted, the user’s prior
interaction history with the service, demographics and local.
Thereafter, the object identification for the advertising is
passed to the object store to detennine if the object is available
at the reception system. In preferred fonn, ifthe advertising
object is not available at the reception system, a sequence of
alternative advertising object identifications can be provided
which if also are unavailable at the reception system will
resulting in an advertising object being requested from the
network. In this way, advertising of interest can be targeted to
the user and secured in time-efficient manner to increase the
likelihood of user interest and avoid service distraction.

FILEPP, 7:27-32:
In preferred fonn, network 10 provides infonnation,
advertising and transaction processing services for a large
210

Reference

FLYNN

Disclosure
number of users simultaneously accessing the network via the
public switched telephone network (PSTN), broadcast, and/or
other media with their RS 400 units. Services available to the
user include display of infonnation such as movie reviews, the
latest news, airlines reservations, the purchase of items such as
retail merchandise and groceries, and quotes and buy/sell
orders for stocks and bonds. Network 10 provides an
environment in which a user, via RS 400 establishes a session
with the network and accesses a large number of services.
These services are specifically constructed applications which
as noted are partitioned so they may be distributed without
undue transmission time, and may be processed and selectively
stored on a user’s RS 400 unit.
See e.g., FLYNN, p. 1 (“Once they begin running ads on various sites,
advertisers analyze the number of times somebody clicked on their ad,
then change the placement or timing of their ad to try and improve the
‘click rate. ”’)

See, e.g., MERRIMAN I (AND CORRESPONDING DISCLOSURE IN
5,948,061 (“MERRIMAN MERRIMAN II), 2:59-3 :4:
I”) and 7,844,488
The basic architecture of the network 10 comprises at least one
(“MERRIMAN II”)
affiliate web site 12, an advertisement (ad) server web site 19

U.S. Patent Nos.

and one or more individual advertiser’s web sites 18. Affiliates
are one or more entities that generally for a fee contract with
the entity providing the advertisement server pennit third party
advertisements to be displayed on their web sites. When a user
using a browser accesses or “visits” a web site of an affiliate,
an advertisement provided by the advertisement server 19 will
be superimposed on the display of the affiliate’s web page
displayed by the user’s browser. Examples of appropriate
affiliates include locator services, service providers, and
entities that have popular web sites such as museums, movie
studios, etc.

MERRIMAN I (AND CORRESPONDING DISCLOSURE IN MERRIMAN II), 3:5The basic operation of the system is as follows in the preferred
embodiment. When a user browsing on the Internet accesses
an affiliate’s web site 12, the user’s browser generates an
HTTP message 20 to get the information for the desired web
page. The affiliate’s web site in response to the message 20
transmits one or more messages back 22 containing the
information to be displayed by the user’s browser. In addition,
an advertising server process 19 will provide additional
information comprising one or more objects such as banner
advertisements to be displayed with the information provided
from the affiliate web site. Normally, the computers supporting
211

Reference

Disclosure
the browser, the affiliate web site and the advertising server
process will be at entirely different nodes on the Intemet. Upon
clicking through or otherwise selecting the advertisement
object, which may be an image such as an advertisement
banner, an icon, or a video or an audio clip, the browser ends
up being connected to the advertiser’s server or web site 18 for
that advertisement object.

MERRIMAN I (AND CORRESPONDING DISCLOSURE IN MERRIMAN II),
3 24-63:
In FIG. 1, a user operates a web browser, such as Netscape or
Microsoft Internet Explorer, on a computer or PDA or other
Intemet capable device 16 to generate through the hypertext
transfer protocol (HTTP) 14 a request 20 to any one of
preferably a plurality of affiliate web sites 12. The affiliate
web site sends one or more messages back 22 using the same
protocol. Those messages 22 preferably contain all of the
information available at the particular web site 12 for the
requested page to be displayed by the user’s browser 16 except
for one or more advertising objects such as banner
advertisements. These objects preferably do not reside on the
affiliate’s web server. Instead, the affiliate’s web server sends
back a link including an IP address for a node running an
advertiser server process 19 as well as information about the
page on which the advertisement will be displayed. The link by
way of example may be a hypertext markup language (HTML)
<img> tag, referring to, for example, an inline image such as a
banner. The user’s browser 16 then transmits a message 23
using the received IP address to access such an object
indicated by the HTML tag from the advertisement server 19.
Included in each message 23 typically to the advertising server
19 are: the user’s IP address, (ii) a cookie if the browser 16 is
cookie enabled and stores cookie information, (iii) a substring
key indicating the page in which the advertisement to be
provided from the server is to be embedded, and (iv) MIME
header information indicating the browser type and version,
the operating system of the computer on which the browser is
operating and the proxy server type. Upon receiving the
request in the message 23, the advertising server process 19
determines which advertisement or other object to provide to
user’s browser and transmits the messages 24 containing the
object such as a banner advertisement to the user’s browser 16
using the HTTP protocol. Preferably contained within the
HTTP message is a unique identifier for the advertiser’s web
page appropriate for the advertisement. That advertisement
object is then displayed on the image created by the web user’s
212

Reference

Disclosure
browser as a composite of the received affiliate’s web page
plus the object transmitted back by the advertising web server.

MERRIMAN I (AND CORRESPONDING DISCLOSURE IN MERRIMAN II), Fig.
1:

FIG. 1
ADVERTISING
SEHVEH
PROCESS

15

1/

Ifl

23 \ I 24
12

AFFILIATE use SITE

rnvriiiisrss WEB SITE
25

I

as
|/ 14

HTTP PROTOCOL

20

15

22
users BROWSER

15

MERRIMAN II (AND CORRESPONDING DISCLOSURE IN MERRIMAN II),

ADSERVER 2.0
ADSERVER 2.0; AD
REPORTING

NETGRAVITY
ADSERVER HELP

9:38-41:
2. The method of claim 1, wherein selecting an advertisement
based upon stored information about said user node comprises
selecting an advertisement based upon a prior content request
sent from said user node to an affiliate node.
See e.g., ADSERVER 2.0, p. 2 (“By tracking viewer response to
advertising, NetGravity reports allow agencies and advertisers to
quickly test the effectiveness of their campaigns.”)

See e.g., ADSERVER 2.0; AD REPORTING, p. 1 (“Performance is
indicated by the number of ad impressions and click-throughs for ads
and advertisers.”); id. (describing that reports are provided on
impressions/c1icks.); id. (“AdServer supports premium ad types, the
ability to test different ads in real-time, and the delivery of reliable
performance reports”); id., p. 2 (“By tracking viewer response to
advertising, NetGravity reports allow agencies and advertisers to
quickly test the effectiveness of their campaigns. Such rapid and
reliable feedback empowers advertisers with the information they need
to maximize their advertising efforts.”)

See e.g., NETGRAVITY ADSERVER HELP, Installing the Redirection
Utility (“When a visitor to your site clicks on an ad, AdServer
redirects them to the advertiser’s site. Before they go there, however,
213

Reference

Disclosure
AdServer must record that they clicked on the ad.”); see also id.,
AdSpace Specs, Working with Ads; id., AdServer Tools Reference
(“Eli — generates ad reports.”)

ABOUT NETGRAVITY
ADSERVER

See e.g., ABOUT NETGRAVITY ADSERVER, Getting Started, p. 1

NETGRAVITY
ADSERVER CHOSEN BY
GNN

(“AdServer records when the ad is shown, and also when it is clicked.
You can then generate reports that show ad and location
performance.”); id., p. 3: “Instead of immediately sending a user to the
advertiser’s site, all ad links automatically execute the redir program.
This is a CGI program that first records the user’s click before
redirecting the user’s browser to the advertiser’s site.”); id., Serving
Ads Dynamically, p. 2 (“. . . 8. The visitor views the page and the ad.
When they click on the ad, they issue a call to the redirect utility on
your content server. 9. The redirect utility records the user’s click in
the AdServer logs, then sends the user to the advertiser’s site.”); id.,
Serving Ads Dynamically, p. 5 (“When AdServer serves an ad, it
records in the AdServer_l0g file that the ad has been shown.
Similarly, the redirect utility records that an ad was clicked by writing
to the Aa'Server_l0g. . . . During its normal operation, AdServer writes
to the Aa'Server_l0g file each time an ad is requested, and each time
the redirect utility is notified that an ad has been clicked.”); id.,
Serving Ads Dynamically, p. 6 (“The parselog tool reads the
Aa'Server_l0g file, extracts statistics about which ads received
impressions and clicks, and writes that information to the AdServer
database.”); id., AdServer Tools, p. 2: “Parselog reads your content
server’s log file and writes usage statistics into the AdServer database.
AdServer uses this infonnation to measure the number of impressions
and clicks an ad has received.” ); see also id., p. 5 (same), p. 6
(same).); id., Internal Specifications, p. 9 (listing logging “the number
of clicks received”), p. 11 (listing that the system records that a
“dynamically served ad received an impression” and that a
“dynamically served ad received a click”); id., NGAPI Function
Reference, p. 22 (noting that the ID of the ad that is clicked is logged),
p. 23 (“records that an ad was clicked”), p. 37 (records “the number of
clicks received”), p. 42 (same)

See e.g., NETGRAVITY ADSERVER CHOSEN;
NetGravity, the leader in Intemet advertising technology, today
announced GNN, a service of America Online Inc., will take
advantage of the NetGravity AdServer technology for
WebCrawler, its Intemet search service. This allows GNN to
better manage its WebCrawler advertising inventory,
dynamically deliver targeted ads, measure advertising results in
real time, and automate ad sales efforts. As part of this
agreement, GNN becomes the first company to capitalize on
the alliance between NetGravity and I/Pro (Internet Profiles
Corporation), the leading Intemet measurement firm. This
214

Reference

Disclosure
builds on GNN's longstanding relationship with I/Pro and
enhances its ability to provide the most comprehensive reports
on advertising effectiveness and to deliver them to advertisers
far faster than sites not using the NetGravity technology.
NetGravity was founded to enable Web publishers to retain
complete control of their online advertising management.
Unlike other companies which merely provide services for ad
placement and scheduling, NetGravity offers a unique
approach, providing the software and technology which
empowers publishers to manage advertising inventory,
dynamically target ads to the right audiences, measure results
in real time, and automate sales efforts. Now, through
NetGravity’s relationship with I/Pro, Web sites will be able to
develop and place advertising much more effectively using
management tools with demographic profiles for targeted ad
placement. Sites using the NetGravity AdServer are able to
retain all advertising revenues and eliminate the risks of
dependency on extemal services such as downtime, increasing
costs, unplanned maintenance and unpredictable management.

“For More About Tide,
Click Here” by Zachary
Schiller, Bloomberg

See e.g., SCHILLER: “In a test arrangement, instead of compensating
online companies for each consumer who sees a P&G ad, P&G will
pay only when the online customer ‘clicks’ from that ad to one of
P&G’s own Web sites. This means that Yahool, a major online
provider that agreed to P&G’s terms, won’t make any money if a
customer sees a spot promoting P&G’s SunnyDe1ight juice drink
unless the customer moves on to its Sunny Delight Web site, which
has a game with various prizes.”
See e.g., DEDRICK 1994, p. 57 (“Soon however, advertisers will be
more attracted to a distribution medium that . . . provides proof back
to the advertiser showing aggregate consumption statistics for an
advertisement” ); id. (p. 57: “The advertisers will pay for the storage
and distribution services of the yellow pages, based upon the quality
of the targeted consumers currently served by the yellow pages.”);id.,
p. 59 (“Paying for usage of the electronic yellow pages may follow a
variety of models. One likely model consists of the advertiser paying
the electronic yellow pages service provider a fee for storing and
distributing each advertisement for a specified period of time.”); id., p.
61 (“Electronic content metering capabilities must exist within the
servers that communicate with the client consumption devices. This
will enable charging consumers for electronic content consumption
and to pay the same consumer rebates for the consumption of
electronic advertisements. . . . Some metering methodologies that may
be important are pay per view of object (same cost each time or a
decreasing cost based upon number of views), pay per byte (or other

Businessweek, June 2,

1996. (“SCHILLER”)

DEDRICK 1994

215

Reference

DEDRICK 1995

GALLAGHER

NETGRAVITY
ADSERVER CHOSEN BY
GNN

Disclosure
designated unit of content),pay per second (or other designated unit of
time) . . .”); id., p. 62: “Specifically, the currently suggested attribute
extension list is as follows: . . . Metering methodology attributes
(includes debit and credit capabilities), Metering methodology pricing
attributes”)
See e.g., DEDRICK 1995, p. 42 (“provides statistics to advertisers
showing aggregate consumption for an advertisement.”); id
(“Advertisers will pay for storage and distribution services based on
the quality of the targeted consumers currently served by the yellow
pages”); id., p. 44 ("Paying for use of the electronic Yellow Pages
could follow a variety of models. One likely model consists of the
advertiser paying the electronic Yellow Pages service provider a fee
for storing and distributing each ad for a specified period of time." )
See e.g., GALLAGHER, p. 7 (“Profiles accommodate the possibility that
some users within the region of acceptability may be more desirable to
an advertiser than others. Hen, a distance metric capturing the relative
desirability of a user with respect to an ideal profile is possible. . . .
recognizing a notion of distance allows the possibility for advertisers
to ‘bid’ for the opportunity to display an advertisement to a user.
Such bids would be determined by the advertiser, based on variables
such as the user profile . . . and advertising budget.”); id., p. 8 (“When
bids are received, they can be ranked. The banner advertisement
corresponding to the winning bid is displayed to the user. Other
advertisements may be displayed according to their ranking if there is
an opportunity to display additional advertisements (e.g., if the user
engages in several search or browse activities during a session).”)

NETGRAVITY ADSERVER CHOSEN BY GNN fl\IetGravity, the leader in
Intemet advertising technology, today announced GNN, a service of
America Online Inc., will take advantage of the NetGravity AdServer
technology for WebCrawler. . . . This allows GNN to . . . measure
advertising results in real time . . .”)

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