Rockstar Consortium US LP et al v. Google Inc

Filing 138

RESPONSE in Opposition re 122 MOTION to Strike Plaintiffs' Patent Rule 3-1 Infringement Contentions filed by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Declaration of Shawn D. Blackburn, # 2 Exhibit 1 - Rockstar's P.R. 3-1 Disclosure of Asserted Claims and Infringement Contentions, # 3 Exhibit 2 - Rockstar's P.R. 3-1 Infringement Claim Chart for '065, # 4 Exhibit 3 - Rockstar's P.R. 3-1 Infringement Claim Chart for '969, # 5 Exhibit 4 - Rockstar's P.R. 3-1 Infringement Claim Chart for '245, # 6 Exhibit 5 - Rockstar's P.R. 3-1 Infringement Claim Chart for '970, # 7 Exhibit 6 - Rockstar's P.R. 3-1 Infringement Claim Chart for '178, # 8 Exhibit 7 - Rockstar's P.R. 3-1 Infringement Claim Chart for '183, # 9 Exhibit 8 - Rockstar's P.R. 3-1 Infringement Claim Chart for '883, # 10 Exhibit 9 - 4-14-14 email between counsel, # 11 Exhibit 10 - 4-18-14 email between counsel, # 12 Exhibit 11 - 7-3-14 email between counsel, # 13 Exhibit 12 - 7-8-14 email between counsel, # 14 Exhibit 13 - 7-24-14 email between counsel, # 15 Exhibit 14 - 8-27-14 email between counsel, # 16 Exhibit 15 - 6-23-14 email between counsel, # 17 Text of Proposed Order)(Blackburn, Shawn)

EXHIBIT 5

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
The following analysis shows how each claim element is literally present. In the event that a claim element is deemed to be missing under a
literal infringement analysis (e.g., due to claim construction), Rockstar reserves the right to demonstrate the presence of a substantial
equivalent of such an element and to pursue infringement under the doctrine of equivalents.
To the extent that the descriptions below give rise to either direct or indirect infringement, Rockstar alleges both.
The screenshots below constitute exemplary results of the Accused Instrumentalities’ algorithms and source code and do not serve to limit the
scope of alleged infringement. Rockstar alleges infringement by the Accused Instrumentalities at each applicable level of abstraction, i.e.,
source code, algorithms, infrastructure, etc. Further, Rockstar alleges infringement by third-party applications “powered by” Google or that
otherwise rely on the Accused Instrumentalities.

U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Claim No. 1

An advertising machine
implemented on at least one
computer and operable to
provide advertisements via a
communications link to a data
processing device of a user,
the advertising machine
comprising:

Google’s advertising services and applications constitute the claimed system. The infringing services and
applications include but are not limited to Google Ads, Google AdWords, and Google AdWords Express (or
similar functionality) used in conjunction with google.com, the Google Search app, the Android search bar,
Google custom search, Google premium search services, youtube.com, Google search services provided to
third party websites such as Custom Search Services or AdSense for Search, and any Google-owned
property that matches advertisements based in part on a received search term (hereinafter the “Accused
Instrumentalities”).1

1

Content demonstrating that preamble elements are found in the accused instrumentalities shall not be construed as an admission that the
preamble is limiting.
Page 1 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/1722047?hl=en&ref_topic=3121771

Page 2 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.google.com/adwords/express/how-it-works.html#utm_source=awx&utm_campaign=ww-ww-etnelson_searchads&utm_medium=et
a communications interface
operable to interface with the
data processing device of the
user via the communications
link;

The Accused Instrumentalities provide a communications interface operable to interface with the data
processing device of the user via the communications link.

Page 3 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 4 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Mobile Handset Running Android 4.2

Page 5 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Tablet Device Running Android 4.0.2

Page 6 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Google Search App Running on iOS 7.1
Page 7 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.4nursing.com/search-our-site-or-search-the-internet.html

a database search engine
operable to:

The Accused Instrumentalities include a database search engine operable to:
See above.

Page 8 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://www.google.com/intl/en/insidesearch/howsearchworks/crawling-indexing.html

receive from the data
processing device via the
communications link a search
request that includes a search
argument; and

The Accused Instrumentalities’ database search engine receives from the data processing device via the
communications link a search request that includes a search argument.
See above.

Page 9 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 10 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 11 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Mobile Handset Running Android 4.2
Page 12 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 13 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Tablet Device Running Android 4.0.2

Page 14 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Google Search App Running on iOS 7.1

Page 15 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
http://www.4nursing.com/search-our-site-or-search-the-internet.html

Page 16 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
GET “search request”

search at least one database
using the search argument to
produce search results;

The Accused Instrumentalities’ database search engine searches at least one database using the search
argument to produce search results.

Page 17 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 18 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 19 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 20 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 21 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 22 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 23 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 24 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 25 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 26 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 27 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

Page 28 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://www.google.com/intl/en/insidesearch/howsearchworks/crawling-indexing.html

Page 29 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 30 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 31 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.google.com/insidesearch/howsearchworks/thestory/

Page 32 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 33 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.google.com/insidesearch/howsearchworks/thestory/

Page 34 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://static.googleusercontent.com/media/www.google.com/en/us/intl/en/insidesearch/howsearchworks/ass
ets/searchInfographic.pdf
an associative search engine
operable to select at least one
advertisement from an
advertisement database based
upon at least one of the search

The Accused Instrumentalities include an associative search engine operable to select at least one
advertisement from an advertisement database based on upon at least one of the search argument and the
search results.

Page 35 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

argument and the search
results; and

http://www.google.com/adwords/how-it-works/ads-on-google.html

Page 36 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2497836?hl=en

https://support.google.com/adwords/answer/2756257?hl=en

Page 37 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2453995?hl=en
Page 38 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/ads/answer/1634057?hl=en&ref_topic=2971788

Page 39 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.youtube.com/yt/advertise/why-it-works.html

http://www.youtube.com/t/ads_preferences

Page 40 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en

Page 41 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en
the advertising machine

The Accused Instrumentalities transmit the search results together with the at least one advertisement via the

Page 42 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970
operable to:
transmit the search results
together with the at least one
advertisement via the
communications link to the
data processing device;

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
communications link to the data processing device.

Page 43 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 44 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 45 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 46 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 47 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 48 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 49 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 50 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 51 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 52 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 53 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 54 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

Page 55 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 56 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Search Result Page Source Code

Search Results Page Source Code

Page 57 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 58 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 59 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

JSON Transmission Containing Search Results

Page 60 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

JSON Transmission Containing Advertisement
receive a response from the
data processing device via the
communications link that
indicates selection of an
advertisement; and

The Accused Instrumentalities receive a response from the data processing device via the communications
link that indicates selection of an advertisement.
See above.

Page 61 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Ad URL link code showing indication of selection of advertisement

Page 62 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616016

based upon the advertisement
selection, generate a fee
record.

Upon information and belief, the Accused Instrumentalities generate a fee record based upon the
advertisement selection.

Page 63 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 64 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.cleart.com/how-does-google-adwords-charge.html

Page 65 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/31799

Page 66 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616016

Page 67 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/116495

Page 68 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/6297?hl=en&ref_topic=24937

Page 69 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/3097241?hl=en&ref_topic=3122882

The advertising machine
of claim 1, wherein the
advertising machine is further
operable to extract a toll
based upon the fee record.

Claim No. 2
Upon information and belief, the Accused Instrumentalities are further operable to extract a toll based upon
the fee record.
See claim 1 above.

Page 70 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 71 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 72 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
https://support.google.com/adwords/answer/6297?hl=en&ref_topic=24937
Claim No. 3
The Accused Instrumentalities are further operable to direct the data processing device to a website
corresponding to the selection of the advertisement.

The advertising machine
of claim 1, wherein the
advertising machine is further
operable to direct the data
See Claim 1 above.
processing device to a website
corresponding to the selection
of the advertisement.

Page 73 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 74 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616010?hl=en&ref_topic=24937

Page 75 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 76 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
https://support.google.com/adwords/answer/2404246

Page 77 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwordspolicy/answer/1310892

https://support.google.com/adwords/answer/2616016

The advertising machine
of claim 1, wherein the
advertising machine is further
operable to update preference
data for the user based upon
the selection of the

Claim No. 4
Upon information and belief, the Accused Instrumentalities are further operable to update user preference
data for the user based on the selection of the advertisement.
See Claim 1 above.

Page 78 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

advertisement.

http://www.google.com/policies/technologies/types/

Page 79 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2497941?hl=en

Claim No. 5

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

The advertising machine
of claim 1, wherein the
advertising machine is further
operable to update the
advertisement database based
upon the selection of the
advertisement.

Upon information and belief, the Accused Instrumentalities update the advertisement database based upon
the selection of the advertisement
See Claim 1 above.

https://support.google.com/adwords/answer/2616016

Page 81 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970
The advertising machine
of claim 1, wherein the
advertising machine is further
operable to again provide the
at least one advertisement that
solicited the selection of the
advertisement.

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Claim No. 6
Upon Information and belief, the Accused Instrumentalities are further operable to again provide at least one
advertisement that solicited the selection of the advertisement.
See claim 1 above.

https://support.google.com/adwords/answer/261601

Page 82 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2497941?hl=en

The advertising machine
of claim 1, wherein the search
results and the at least one
advertisement are included in
a web page.

Claim No. 7
The search results and the at least one advertisement included in a web page.
See claim 1 above.

Page 83 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 84 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 85 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 86 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 87 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 88 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 89 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 90 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 91 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 92 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 93 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

Page 94 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 95 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Code showing that search results and at least one advertisement are included in a web page

Page 96 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Code showing that search results and at least one advertisement are included in a web page

Claim No. 8

Page 97 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

The advertising machine
of claim 1, wherein the
associative search engine is
operable to select at least one
advertisement from an
advertisement database based
upon at least the search
argument.

The Accused Instrumentalities are operable to select at least one advertisement from an advertisement
database based upon at least the search argument.
See claim 1 above.

Page 98 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Request

Page 99 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2497836?hl=en

https://support.google.com/adwords/answer/2756257?hl=en

Page 100 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en

Page 101 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970
An advertising machine
implemented on at least one
computer and operable to
provide advertisements via a
communications link to a data
processing device of a user,
the advertising machine
comprising:

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Claim No. 10
Google’s advertising services and applications constitute the claimed system. The infringing services and
applications include but are not limited to Google Ads, Google AdWords, and Google AdWords Express (or
similar functionality) used in conjunction with google.com, the Google Search app, the Android search bar,
Google custom search, Google premium search services, youtube.com, Google search services provided to
third party websites such as Custom Search Services or AdSense for Search, and any Google-owned
property that matches advertisements based in part on a received search term (hereinafter the “Accused
Instrumentalities”).

Page 102 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/1722047?hl=en&ref_topic=3121771

Page 103 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

a communications interface
operable to interface with the
data processing device of the
user via the communications
link;

The Accused Instrumentalities include a communications interface operable to interface with the data
processing device of the user via the communications link.
See claim 1 above.

Page 104 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 105 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Mobile Handset Running Android 4.2

Page 106 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Tablet Device Running Android 4.0.2

Page 107 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Google Search App Running On iOs 7.1

Page 108 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Request

Page 109 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970
a database search engine
operable to:

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
The Accused Instrumentalities include a database search engine operable to:
See claim 1 above.

https://www.google.com/intl/en/insidesearch/howsearchworks/crawling-indexing.html
receive from the data
processing device via the
communications link a search
request that includes a search

The Accused Instrumentalities’ database search engine receives from the data processing device via the
communications link a search request that includes a search argument.
See claim 1 above.
Page 110 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

argument; and

Page 111 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 112 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Mobile Handset Running Android 4.2

Page 113 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Tablet Device Running Android 4.0.2

Page 114 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 115 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Google Search App Running on iOS 7.1

Page 116 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.4nursing.com/search-our-site-or-search-the-internet.html

Search Request
search at least one database The Accused Instrumentalities’ database search engine searches at least one database using the search
using the search argument to argument to produce search results.
produce search results;
See claim 1 above.

Page 117 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 118 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 119 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 120 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 121 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 122 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 123 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 124 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 125 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 126 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 127 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 128 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

Page 129 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://www.google.com/intl/en/insidesearch/howsearchworks/crawling-indexing.html

Page 130 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

an associative search engine
operable to select at least one
advertisement from an
advertisement database based
upon at least one of the search
argument and the search

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://static.googleusercontent.com/media/www.google.com/en/us/intl/en/insidesearch/howsearchworks/ass
ets/searchInfographic.pdf
The Accused Instrumentalities include an associative search engine operable to select at least one
advertisement from an advertisement database based on upon at least one of the search argument and the
search results.
See claim 1 above.

Page 131 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

results; and

http://research.google.com/pubs/pub38125.html

Page 132 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Slide 3 @ http://static.googleusercontent.com/media/research.google.com/en/us/pubs/archive/38125.pdf

Page 133 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2497836?hl=en

https://support.google.com/adwords/answer/2756257?hl=en
Page 134 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2453995?hl=en
Page 135 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/ads/answer/1634057?hl=en&ref_topic=2971788

Page 136 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.youtube.com/yt/advertise/why-it-works.html

http://www.youtube.com/t/ads_preferences

Page 137 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en

Page 138 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en

Page 139 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970
the advertising machine
operable to:
transmit the search results
together with the at least one
advertisement via the
communications link to the
data processing device;

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
The Accused Instrumentalities transmit the search results together with the at least one advertisement via the
communications link to the data processing device.
See claim 1 above.

Page 140 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 141 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 142 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 143 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 144 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 145 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 146 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 147 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 148 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 149 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 150 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

Page 151 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results Page Source Code

Page 152 of 252

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 153 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Page 154 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

JSON Transmission Containing Search Results

Page 155 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

JSON Transmission Containing Advertisement
receive a response from the Upon information and belief, the Accused Instrumentalities receive a response from the data processing
data processing device via the device via the communications link that indicates non-selection of an advertisement.
communications link that
indicates non-selection of the See above.
at least one advertisement.

Page 156 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Ad URL link code showing indication of selection of advertisement, and non-selection of other
advertisements

Page 157 of 252

Case No. 2:13-cv-893
Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616016

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/3097241?hl=en&ref_topic=3122882

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2615875?hl=en

https://support.google.com/adsense/answer/112025?hl=en
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U.S. PATENT NO.
7,672,970

The advertising machine
of claim 10, wherein:
the associative search engine
is further operable to select at
least one differing
advertisement based upon the
non-selection of the at least
one advertisement; and

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Claim No. 11
Upon information and belief, the Accused Instrumentalities’ associate search engine is operable to select at
least one differing advertisement based upon the non-selection of the at least one advertisement.
See claim 10 above.

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
https://support.google.com/adwords/answer/1752122

https://adwords.google.com/cm/CampaignMgmt?

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.google.com/policies/technologies/types/
the advertising machine is
further operable to transmit
the at least one differing
advertisement via the

Upon information and belief, the Accused Instrumentalities’ are operable to transmit the at least one
differing advertisement via the communications link to the data processing device.

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

communications link to the
data processing device.

https://support.google.com/adwords/answer/1752122?hl=en

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/6300?hl=en
The advertising machine
of claim 10, wherein the
advertising machine is further
operable to update preference
data for the user based upon
the non-selection of the at
least one advertisement.

Claim No. 12
Upon information and belief, the Accused Instrumentalities are further operable to update preference data for
the user based upon the non-selection of the at least one advertisement.
See claims 10 and 11 above.

Claim No. 13

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

The advertising machine
of claim 10, wherein the
advertising machine is further
operable to update the
advertisement database based
upon the non-selection of the
advertisement.

Upon information and belief, the Accused Instrumentalities are further operable to update the advertisement
database based upon the non-selection of the advertisement
See Claim 10 above.

https://support.google.com/adwords/answer/2616016

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/3097241?hl=en&ref_topic=3122882

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2615875?hl=en

https://support.google.com/adsense/answer/112025?hl=en
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U.S. PATENT NO.
7,672,970
The advertising machine
of claim 10, wherein the
search results and the at least
one advertisement are
included in a web page
transmitted to the data
processing device via the
communications link.

The advertising machine
of claim 10, wherein the
associative search engine is
operable to select at least one
advertisement from an
advertisement database based
upon at least the search
argument.

A method for operating an
advertising machine
implemented on at least one
computer to provide
advertisements via a
communications link to a data
processing device of a user,
the method comprising:

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Claim No. 14
The search results and the at least one advertisement are included in a web page transmitted to the data
processing device via the communications link.
See claims 7 and 10 above.

Claim No. 15
The Accused Instrumentalities’ associative search engine is operable to select at least one advertisement
from an advertisement database based upon at least the search argument.
See claims 8 and 10 above.

Claim No. 17
Google’s advertising services and applications perform the steps of the claimed method. The infringing
services and applications include but are not limited to Google Ads, Google AdWords, and Google
AdWords Express (or similar functionality) used in conjunction with google.com, the Google Search app,
the Android search bar, Google custom search, Google premium search services, youtube.com, Google
search services provided to third party websites such as Custom Search Services or AdSense for Search, and
any Google-owned property that matches advertisements based in part on a received search term (hereinafter
the “Accused Instrumentalities”).

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
See claims 1 and 10 above.

https://support.google.com/adwords/answer/1722047?hl=en&ref_topic=3121771

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

the advertising machine
receiving from the data
processing device via the
communications link a search
request that includes a search
argument;

The Accused Instrumentalities receive from the data processing device via the communications link a search
request that includes a search argument.
See claims 1 and 10 above.
et

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Mobile Handset Running Android 4.2

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Tablet Device Running Android 4.0.2

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Google Search App Running on iOS 7.1

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.4nursing.com/search-our-site-or-search-the-internet.html

the advertising machine
searching at least one
database using the search
argument to produce search
results;

The Accused Instrumentalities search at least one database using the search argument to produce search
results
See claims 1 and 10 above.

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://www.google.com/intl/en/insidesearch/howsearchworks/crawling-indexing.html

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://static.googleusercontent.com/media/www.google.com/en/us/intl/en/insidesearch/howsearchworks/ass
ets/searchInfographic.pdf

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.google.com/insidesearch/howsearchworks/thestory/

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

the advertising machine
selecting at least one
advertisement from an

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

The Accused Instrumentalities select at least one advertisement from an advertisement database based upon
at least one of the search argument and the search results.
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U.S. PATENT NO.
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advertisement database based
upon at least one of the search
argument and the search
results;

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
See claims 1 and 10.

https://support.google.com/ads/answer/1634057?hl=en&ref_topic=2971788

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2497836?hl=en

https://support.google.com/adwords/answer/2756257?hl=en

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

the advertising machine
transmitting the search results
together with the at least one
advertisement via the
communications link to the
data processing device;

The Accused Instrumentalities transmit the search results together with the at least one advertisement via the
communications link to the data processing device.
See claims 1 and 10.

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

JSON Transmission Containing Search Results

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

JSON Transmission Containing Advertisement

the advertising machine
receiving a response from the
data processing device via the
communications link that
indicates selection of an
advertisement; and

The Accused Instrumentalities receive a response from the data processing device via the communications
link that indicates selection of an advertisement.
See claims 1 and 10 above.

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Ad URL link code showing indication of selection of advertisement

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616016

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/3097241?hl=en&ref_topic=3122882

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2615875?hl=en

https://support.google.com/adsense/answer/112025?hl=en
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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

the advertising machine
generating a fee record based
upon the selection of the
advertisement.

Upon information and belief, the Accused Instrumentalities generate a fee record based upon the selection of
the advertisement.
See claim 1 above.

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.cleart.com/how-does-google-adwords-charge.html

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/31799

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616016

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/116495

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/6297?hl=en&ref_topic=24937

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/3097241?hl=en&ref_topic=3122882

The method of claim 17,
further comprising the
advertising machine
extracting a toll based upon
the fee record.

Claim No. 18
Upon information and belief, the Accused Instrumentalities extract a toll based upon the fee record.
See claims 1, 2, and 17 above

Claim No. 19
The Accused Instrumentalities direct the data processing device to a website corresponding to the selection
of the advertisement.

The method of claim 17,
further comprising the
advertising machine directing
the data processing device to
See claims 1, 3, and 17 above.
a website corresponding to the
selection of the advertisement.

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Fiddler Trace of Ad Selection Showing Direction to Website Corresponding to Selection of Advertisement

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Debug Trace of Advertisement Destination URL

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Ad Selection Destination Corresponding to the Selection of Advertisement

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/adwords/answer/2616010?hl=en&ref_topic=24937

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
https://support.google.com/adwords/answer/2404246

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
https://support.google.com/adwordspolicy/answer/1310892

The method of claim 17,
further comprising the
advertising machine updating
preference data for the user
based upon the selection of
the advertisement.
The method of claim 17,
further comprising the
advertising machine updating
the advertisement database
based upon the selection of
the advertisement.
The method of claim 17,
further comprising the
advertising machine again
providing the at least one
advertisement that solicited
the selection of the
advertisement.
The method of claim 17,
wherein the search results and
the at least one advertisement

Claim No. 20
The Accused Instrumentalities update preference data for the user based upon selection of the advertisement.
See claims 1, 4 and 17 above.

Claim No. 21
The Accused Instrumentalities update the advertisement database based upon the selection of the
advertisement
See claims 1, 5 and 17 above.

Claim No. 22
Upon information and belief, the Accused Instrumentalities provide the at least one advertisement that
solicited the selection of the advertisement.
See claims 1, 6 and 17 above.

Claim No. 23
The search results and the at least one advertisement are included in a web page transmitted to the data
processing device via the communications link.

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U.S. PATENT NO.
7,672,970
are included in a web page
transmitted to the data
processing device via the
communications link.
The method of claim 17,
further comprising the
advertising machine selecting
at least one advertisement
from an advertisement
database based upon at least
the search argument.
A method for operating an
advertising machine
implemented on at least one
computer to provide
advertisements via a
communications link to a data
processing device of a user,
the method comprising:

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
See claims 1, 7 and 17 above.

Claim No. 24
The Accused Instrumentalities select at least one advertisement from an advertisement database based upon
at least the search argument.
See claims 1, 8 and 17 above.

Claim No. 26
Google’s advertising services and applications perform the steps of the claimed method. The infringing
services and applications include but are not limited to Google Ads, Google AdWords, and Google
AdWords Express (or similar functionality) used in conjunction with google.com, the Google Search app,
the Android search bar, Google custom search, Google premium search services, youtube.com, Google
search services provided to third party websites such as Custom Search Services or AdSense for Search, and
any Google-owned property that matches advertisements based in part on a received search term (hereinafter
the “Accused Instrumentalities”).
See claims 1, 10, and 17 above.

the advertising machine
receiving from the data
processing device via the
communications link a search
request that includes a search

The Accused Instrumentalities receive from the data processing device via the communications link a search
request that includes a search argument.
See claims 1, 10, and 17 above.

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

argument;
the advertising machine
searching at least one
database using the search
argument to produce search
results;

The Accused Instrumentalities search at least one database using the search argument to produce search
results.

the advertising machine
selecting at least one
advertisement from an
advertisement database based
upon at least one of the search
argument and the search
results;

The Accused Instrumentalities select at least one advertisement from an advertisement database based upon
at least one of the search argument and the search results

the advertising machine
transmitting the search results
together with the at least one
advertisement via the
communications link to the
data processing device; and

The Accused Instrumentalities transmit the search results together with the at least one advertisement via the
communications link to the data processing device.

the advertising machine
receiving a response from the
data processing device via the
communications link that
indicates non-selection of the
at least one advertisement.

Upon information and belief, the Accused Instrumentalities receive a response from the data processing
device via the communications link that indicates non-selection of an advertisement.

See claims 1, 10, and 17 above.

See claims 1, 10, and 17 above.

See claims 1, 10, and 17 above.

See claims 1, 10, and 17 above.

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Claim No. 27
The method of claim 26,
further comprising:
the advertising machine
selecting at least one differing
advertisement based upon the
non-selection of the at least
one advertisement; and

Upon information and belief, the Accused Instrumentalities select at least one differing advertisement based
upon the non-selection of the at least one advertisement.

the advertising machine
transmitting the at least one
differing advertisement via
the communications link to
the data processing device.

Upon information and belief, the Accused Instrumentalities’ transmit the at least one differing advertisement
via the communications link to the data processing device.

The method of claim 26,
further comprising the
advertising machine updating
preference data for the user
based upon the non-selection
of the at least one
advertisement.
The method of claim 26,
further comprising the
advertising machine updating

See claims 1, 10, 11, 17, and 26 above.

See claims 1, 10, 11, 17, and 26 above.
Claim No. 28
The Accused Instrumentalities update preference data for the user based upon the non-selection of the at
least one advertisement.
See claims 1, 10, 12, 17, and 26 above.

Claim No. 29
The Accused Instrumentalities update the advertisement database based upon the non-selection of the
advertisement

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U.S. PATENT NO.
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the advertisement database
based upon the non-selection
of the advertisement.

The method of claim 26,
wherein the search results and
the at least one advertisement
are included in a web page
transmitted to the data
processing device via the
communications link.
The method of claim 26,
further comprising the
advertising machine selecting
at least one advertisement
from an advertisement
database based upon at least
the search argument.
A server computer that is
operable to provide
advertisements via a
communications link to a data
processing device of a user,
the server computer
comprising:

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
See claims 1, 10, 13, 17, and 26 above.

Claim No. 30
The Accused Instrumentalities provide search results and the at least one advertisement are included in a
web page.
See claims 1, 10, 14, 17, and 26 above.

Claim No. 31
The Accused Instrumentalities select at least one advertisement from an advertisement database based upon
at least the search argument.
See claims 1, 10, 15, 17, and 26 above.

Claim No. 33
Google’s advertising services and applications constitute the claimed system. The infringing services and
applications include but are not limited to Google Ads, Google AdWords, and Google AdWords Express (or
similar functionality) used in conjunction with google.com, the Google Search app, the Android search bar,
Google custom search, Google premium search services, youtube.com, Google search services provided to
third party websites such as Custom Search Services or AdSense for Search, and any Google-owned
property that matches advertisements based in part on a received search term (hereinafter the “Accused
Instrumentalities”).

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
See claims 1 and 10 above.

at least one communications
interface operable to interface
with the data processing
device of the user, a database
search engine, and an
associative search engine;

The Accused Instrumentalities provide at least one communications interface operable to interface with the
data processing device of the user, a database search engine, and an associate search engine.

the server computer, using the
at least one communications
interface, is operable to:
receive from the data
processing device via the
communications link a search
request that includes a search
argument; and

The Accused Instrumentalities’ server computer, using the at least one communications interface, is operable
to receive from the data processing device via the communications link a search request that includes a
search argument.

interact with the database
search engine to receive
search results from the
database search engine that
are selected based upon the
search argument;

The Accused Instrumentalities’ server computer, is operable to interact with the database search engine to
receive search results from the database search engine that are selected based upon the search argument.

See claims 1 and 10 above.

See claims 1 and 10 above.

See claims 1 and 10 above.

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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
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U.S. PATENT NO.
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U.S. PATENT NO.
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U.S. PATENT NO.
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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Search Results of Google Custom Search

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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://www.google.com/intl/en/insidesearch/howsearchworks/crawling-indexing.html

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://static.googleusercontent.com/media/www.google.com/en/us/intl/en/insidesearch/howsearchworks/ass
ets/searchInfographic.pdf
interact with the associative
search engine to receive an
advertisement that is selected
based upon at least one of the
search argument and the

The Accused Instrumentalities’ server computer, is operable to interact with the associative search engine to
receive an advertisement that is selected based upon at least one of the search argument and the search
results,
See claims 1 and 10 above.
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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

search results; and

https://support.google.com/adwords/answer/2497836?hl=en

https://support.google.com/adwords/answer/2756257?hl=en
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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
https://support.google.com/adwords/answer/2453995?hl=en

https://support.google.com/ads/answer/1634057?hl=en&ref_topic=2971788

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

http://www.youtube.com/yt/advertise/why-it-works.html

http://www.youtube.com/t/ads_preferences

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en

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U.S. PATENT NO.
7,672,970

transmit the search results
together with the at least one
advertisement via the
communications link to the

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

https://support.google.com/youtube/answer/2454017?hl=en
The Accused Instrumentalities server computer is operable to transmit the search results together with the at
least one advertisement via the communications link to the data processing device.
See claims 1 and 10.
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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

data processing device.

The server computer of claim
33, wherein the server
computer, in conjunction with
the at least one
communications interface, is
further operable to:
receive a response from the
data processing device via the
communications link that
indicates selection of an
advertisement; and
based upon the advertisement
selection, generate a fee
record.

Claim No. 34
Upon information and belief, the server computer, in conjunction with the at least one communications
interface, is further operable to receive a response from the data processing device via the communications
link that indicates selection of an advertisement and based upon the advertisement selection, generate a fee
record.
See claims 1 and 33 above.

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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

Ad URL link code showing indication of selection of advertisement

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U.S. PATENT NO.
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INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

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U.S. PATENT NO.
7,672,970
The server computer of claim
34, wherein the server
computer is further operable
to extract a toll based upon
the fee record.

The server computer of claim
34, wherein the server
computer is further operable
to direct the data processing
device to a website
corresponding to the selection
of the advertisement.

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
Claim No. 35
Upon information and belief, the server computer is further operable to extract a toll based upon the fee
record.
See claims 1, 2, 33, and 34 above.

Claim No. 36
The server computer is further operable to direct the data processing device to a website corresponding to the
selection of the advertisement.
See claims 1, 3, 33, and 34 above.

Claim No. 37
Upon information and belief, the Accused Instrumentalities server computer can update preference data for
the user based upon the selection of the advertisement.

The server computer of claim
34, wherein the server
computer is further operable
to update preference data for
See claims 1, 4, 33, and 34 above.
the user based upon the
selection of the advertisement.
Claim No. 38
The server computer of claim The search result and the at least one advertisement are included in a web page.
34, wherein the search results
and the at least one
See claims 1, 7, 33, and 34 above.
advertisement are included in
a web page.
Claim No. 39
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Exhibit D: Infringement of U.S. Patent No. 7,672,970 by Defendant Google
U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

The server computer of claim
33, wherein the server
computer, using the at least
one communication interface,
is operable to interact with the
database search engine to
receive an advertisement that
is selected based upon at least
the search argument.

The server computer, using the at least one communication interface, is operable to interact with the database
search engine to receive an advertisement that is selected based upon at least the search argument.
See claims 1, 8, 15 and 33.

Claim No. 41
A method of operating a Google’s advertising services and applications perform the steps of the claimed method. The infringing
server computer to provide services and applications include but are not limited to Google Ads, Google AdWords, and Google
advertisements comprising:
AdWords Express (or similar functionality) used in conjunction with google.com, the Google Search app,
the Android search bar, Google custom search, Google premium search services, youtube.com, Google
search services provided to third party websites such as Custom Search Services or AdSense for Search, and
any Google-owned property that matches advertisements based in part on a received search term (hereinafter
the “Accused Instrumentalities”).

See claim 33 above.
the server computer receiving
from a data processing device
via at least one
communications interface a
search request that includes a
search argument; and

The server computer receives from a data processing device via at least one communications interface a
search request that includes a search argument.
See claim 33 above.

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U.S. PATENT NO.
7,672,970
the server computer
interacting with a database
search engine via the at least
one communications interface
to receive search results from
the database search engine
that are selected based upon
the search argument;
the server computer
interacting with an associative
search engine via the at least
one communications interface
to receive an advertisement
that is selected based upon at
least one of the search
argument and the search
results; and
the server computer
transmitting the search results
together with the at least one
advertisement via the at least
one communications interface
to the data processing device.

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY
The server computer interacts with a database search engine via at least one communication interface to
receive search results from the database search engine that are selected based upon the search argument.
See claim 33 above.

The server computer interacts with an associative search engine via at least one communication interface to
receive an advertisement that is selected based upon at least one of the search argument the search results.
See claim 33 above.

The server computer transmits the search results together with the at least one advertisement via the at least
one communications interface to the data processing device.
See claim 33 above.

Claim No. 42

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U.S. PATENT NO.
7,672,970

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

The method of claim 41,
further comprising:
the server computer receiving
a response from the data
processing device via the at
least one communications
interface that indicates
selection of an advertisement;
and based upon the
advertisement selection,
generating a fee record.

Upon information and belief, the server computer receive a response from the data processing device via the
at least one communications interface that indicates selection of an advertisement; and based upon the
advertisement selection, generating a fee record.

The method of claim 41,
further comprising the server
computer extracting a toll
based upon the fee record.

See claims 34 and 41 above.

Claim No. 43
Upon information and belief, the server computer extracts a toll based upon the fee record.
See claims 35 and 41 above.

Claim No. 44
The server computer directs the data processing device to a website corresponding to the selection of the
advertisement.

The method of claim 41,
further comprising the server
computer directing the data
processing device to a website See claims 36 and 41 above.
corresponding to the selection
of the advertisement.

The method of claim 41,
further comprising the server

Claim No. 45
Upon information and belief, the server computer updates preference data for the user based upon the
selection of the advertisement.
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U.S. PATENT NO.
7,672,970
computer updating preference
data for the user based upon
the selection of the
advertisement.

The method of claim 41,
wherein the search results and
the at least one advertisement
are included in a web page.

The method of claim 41,
further comprising the server
computer interacting with an
associative search engine via
the at least one
communication interface to
receive an advertisement that
is selected based upon at least
the search argument.

INFRINGEMENT BY EXEMPLARY ACCUSED INSTRUMENTALITY

See claims 37 and 41 above.

Claim No. 46
The search results and the at least one advertisement are included in a web page.
See claims 38 and 41 above.

Claim No. 47
The server computer interacts with an associative search engine via at least communication interface to
receive an advertisement that is selected based upon at least the search argument.
See claims 39 and 41 above.

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