Rockstar Consortium US LP et al v. Google Inc

Filing 158

CLAIM CONSTRUCTION BRIEF filed by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Appendix A, # 2 Exhibit 1 - 969 patent, # 3 Exhibit 2 - 245 patent, # 4 Exhibit 3 - 970 patent, # 5 Exhibit 4 - 178 patent, # 6 Exhibit 5 - 183 patent, # 7 Exhibit 6 - 883 patent, # 8 Exhibit 7 - Barron's 5th ed. - client and server, # 9 Exhibit 8 - Webster's 8th ed. - client, # 10 Exhibit 9 - Newton's Telecom - client and server, # 11 Exhibit 10 - Webster's College 1999 - interface, # 12 Exhibit 11 - Federal Standard 1037C - link, # 13 Exhibit 12 - NTC Am English Learners - correlate and match, # 14 Exhibit 13 - Webster's College 1999 - database, # 15 Exhibit 14 - Newton's Telecom - database, # 16 Exhibit 15 - Modern Dictionary of Electronics - database, # 17 Exhibit 16 Dictionary of Computer and Internet Terms - database, # 18 Exhibit 17 Webster's Third Intl - refine, # 19 Exhibit 18 Webster's College 1999 - refine, # 20 Exhibit 19 - IBM Dictionary - sort, # 21 Exhibit 20 - Roget's Thesaurus - change and update)(Tribble, Max)

Appendix A

APPENDIX A
I.

Terms That Google Claims Are Indefinite

Claim Term (Claim(s))
“communications interface”
’245 (9)
’970 (1, 10, 33, 34, 41, 42)
’183 (12, 14)
’883 (20, 23)
“database search engine”
’969 (16, 17, 22)
’245 (9, 17)
’970 (1, 10, 33, 39, 41)
’183 (14)
’883 (20)
“determining whether the
advertisement was successful”
’969 (22)
“distinct differing databases”
’883 (10, 28)

“the at least one advertisement
obtained from at least one
database having advertisement
information based upon the
search argument and the user
preference data”
’245 (18)

“used to create user preference
data by the advertising
machine”
’245 (18)

3324145v1/013149

Rockstar’s Proposed
Construction
software operable to allow
interaction between the
advertising machine and another
computer or computers

Google’s Proposed
Construction
Indefinite

one or more interconnected
computers that receive a search
argument and search a first
database to generate search
results

Indefinite

determining whether a user
clicked on (selected) a particular
advertisement when presented
Plain and ordinary meaning.

Indefinite

In the alternative,
“browser application”

Indefinite

In the alternative, “different
databases”
Plain and ordinary meaning.

Indefinite

In the alternative, “at least one
advertisement selected from a
plurality of possible
advertisements to be provided to
the user based upon the search
argument and user preference
data”
Plain and ordinary meaning.

Indefinite

II.

Google’s Antecedent Basis Terms

Claim Term (Claim(s))
“the associate search engine”
as recited in claim 26 of the
’883 patent
“the communication
interface” as recited in
claim 12 of the ’183 patent
“the desired information”,
as recited in claim 22 of the
’969 patent
“the search term” as recited
in claims 7 and 20 of the
’183 patent
“the user” as recited in
claim 45 of the ‘970 patent

III.

Rockstar’s Proposed
Construction
a search engine that selects an
advertisement relevant to the need
of the end user
software operable to allow
interaction between the advertising
machine and another computer or
computers
information sought for by the user

Google’s Proposed
Construction
Indefinite

Plain and ordinary meaning.

Indefinite

a person or individual operating a
data processing device

Indefinite

Indefinite

Indefinite

Terms Requiring Construction

Claim Term (Claim(s))
“advertisement database” /
“database having
advertisement information”
’969 (1, 7, 8, 17, 22)
’245 (1, 9, 18)
’970 (1, 5, 8, 10, 13, 15, 17,
21, 24, 26, 29, 31)
’178 (1)
’183 (1, 14)
’883 (1, 10, 11, 20, 28)
“advertisement”/ “particular
advertisement”/ “the at least
one advertisement”
’969 (1, 2, 6, 8, 9, 13, 14, 17,
18, 22, 23)
’245 (1, 9, 18, 22, 23)
’970 (1, 3-6, 8, 10, 11-15, 17,
19-24, 26, 27-31, 33, 34, 3639, 41, 42, 44-47)

3324145v1/013149

Rockstar’s Proposed
Construction
database of advertisements or
advertisement-related
information

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

a relevant advertisement from
a plurality of possible
advertisements

advertisement that is
closest to the need of the
user

Claim Term (Claim(s))
’178 (1, 7-9, 12, 16-18)
’183 (1, 2, 4-5, 8, 9, 10-11, 13,
14, 15, 17-18)
’883 (1, 10, 11, 19, 20, 28)
“advertising machine”
’969 (17-21, 22-23)
’245 (1, 9, 12-18, 22- 23, 25)
’970 (1, 2-6, 8, 10, 11-15, 17,
18-22, 24, 26, 27-29, 31)
’178 (1, 12, 17-18)
’183 (1, 9, 11-12, 14, 15, 1720)
’883 (1, 3, 11, 17, 20, 21-26,
28)
“associative search engine” /
“associate search engine”
’969 (16, 17, 18, 22, 23)
’245 (9, 14-15)
’970 (1, 8, 10, 11, 15, 33, 41,
47)
’183 (14)
’883 (20, 22-23, 26)
“client/client computer”
’969 (8, 14, 16, 17, 22)
“server/[the] server computer”
’969 (8, 16, 17, 22)
’970 (33, 34-39, 41, 42-45, 47)
“communications interface”
’245 (9)
’970 (1, 10, 33, 34, 41, 42)
’183 (12, 14)
’883 (20, 23)
“communications link”
’245 (1, 5, 8, 9, 14, 17, 18, 22,
23, 25)
’970 (1, 10, 11, 14, 17, 23, 26,
27, 30, 33, 34)
’178 (1, 12, 17, 18)
’183 (1, 5, 9, 11, 14, 18)
’883 (1, 11, 20)

3324145v1/013149

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

one or more computers
configured to provide
advertisements

computer configured to
provide advertisements

a search engine that selects an
advertisement relevant to the
need of the end user

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

a computer that sends and
receives information from a
server
a computer that provides
services to a client computer

end user computer

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

software operable to allow
interaction between the
advertising machine and
In the alternative, “browser
another computer or computers application”
the network connection
between the data processing
device and the advertising
machine

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

Claim Term (Claim(s))
“[correlating/correlates] the
received search argument to a
particular advertisement”
’969 (1, 8, 14, 17, 22)
“database”
’969 (1, 8, 14-16, 17, 22)
’245 (1, 9, 17, 18)
’970 (1, 5, 8, 10, 13, 15, 17,
21, 24, 26, 29, 31, 33, 39, 41)
’178 (1)
’183 (1, 14)
’883 (1, 3, 10, 11, 19, 20, 22,
28)
“database search engine”
’969 (16, 17, 22)
’245 (9, 17)
’970 (1, 10, 33, 39, 41)
’183 (14)
’883 (20)
“data processing device [of
a/the user]”
’969 (6, 13)
’245 (1, 5, 8, 9, 14, 17, 18)
’970 (1, 3, 10, 11, 14, 17, 19,
23, 26, 27, 30, 33, 34, 36, 41,
42, 44)
’178 (1, 8, 12)
’183 (1, 5, 8, 9, 13, 14, 18)
’883 (1, 4, 8, 11, 13, 20, 23)
“determining whether the
advertisement was successful”
’969 (22)
“extract a toll based upon the
fee record”
’970 (2, 35)
“generate a fee record” / “the
fee record”
’970 (1, 2, 18, 34, 35, 43)
“prior searching history / prior
search history”
’245 (7, 16, 24)
’883 (5, 14, 24)

3324145v1/013149

Rockstar’s Proposed
Construction
identifying a relevant
advertisement from a plurality
of possible advertisements
based on the received search
argument
an organized collection of data
stored on one or more
computers

Google’s Proposed
Construction
matching

one or more interconnected
computers that receive a
search argument and search a
first database to generate
search results

Indefinite

a device [of a/the user]
supporting functionality for
communications over the
Internet

a desktop computer, such
as a PC or a Macintosh,
executing a browser

determining whether a user
clicked on (selected) a
particular advertisement when
presented
determine an amount to be
paid based on the fee record

Indefinite

[generate] a record reflecting
that an advertisement has been
clicked on (selected)
a user’s previous search
arguments

(generate) a record of a toll
for bringing a buyer and
seller together
the user’s previous search
arguments

See constructions of
constituent components
an organized collection of
data stored on a computer
storage medium

obtain payment of a fee
recited in a fee record

Claim Term (Claim(s))
“receiv[e/ing] a response from
the data processing device via
the communications link that
indicates non-selection of the
at least one advertisement”
’970 (10, 26)
“refining the search results”/
“[refining/refine] the search
results based upon the search
refinement input”/ “refined
search results”/
’245 (8, 17, 25)
“search argument” / “the
received search argument”
’969 (1, 2, 8, 9, 14, 17, 18, 22,
23)
’245 (1, 9, 18, 22, 23)
’970 (1, 8, 10, 15, 17, 24, 26,
31, 33, 39, 41, 47)
’178 (1, 5, 12, 14)
’183 (1, 9, 14)
’883 (1, 7, 10, 11, 16, 20, 26)
“search refinement input”
’245 (8, 17, 25)
’178 (1, 5, 6, 12, 14, 15)
“select[ing] at least one
differing advertisement based
upon the non-selection of the
at least one advertisement”
’970 (11, 27)

“user”
’969 (1-6, 8-13, 17-23)
’245 (1, 3-9, 12-18, 20-24)
’970 (1, 4, 10, 12, 17, 20, 26,
28, 33, 37, 45)
’178 (1, 8-10, 12, 17, 18)
’183 (1, 7, 8, 9, 12, 13, 14, 20)
’883 (1-18, 20-26)

3324145v1/013149

Rockstar’s Proposed
Construction
receiving a response from the
user’s data processing device
via the communications link
that indicates that the user did
not click on (or select) a
particular advertisement when
presented
modifying search results based
on search refinement input
from the user /
search results produced after
receiving search refinement
input from the user
the text or strings received
from the data processing
device

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

input from the user refining a
search request

information regarding a
search query entered after
receiving the initial set
of search results
selecting at least one
replacement
advertisement based upon
the nonselection
of the at least one
advertisement

narrowing the previous set
of search results
a set of search results
created by narrowing the
previous set of search
results
the text entered by the user
and submitted to the search
engine

selecting at least one different
advertisement based on a
response from the user’s data
processing device that
indicates that the user did not
click on (or select) a particular
advertisement or
advertisements when presented
a person or individual
a person using or operating
operating a data processing
a computer
device

Claim Term (Claim(s))
“user preference data”/
“preference data for the user” /
[creating] user preference
data”
’245 (1, 3-7, 9, 12-16, 18, 20,
21, 24)
’970 (4, 12, 20, 28, 37, 45)
’178 (9, 10)
’183 (12)
“[the] user profile data”
’969 (2-5, 9-12, 18-21, 23)
’178 (9, 10)
’183 (7, 20)
’883 (1-18, 20-26, 28)
“web page data format”
’183 (1, 14)

IV.

Rockstar’s Proposed
Construction
[creating] data regarding a
user’s preferences

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

data in a profile about the user

data in the profile about the
user

format compatible for use on a
web page

HTML format

User Preference Input Terms

“user preference input”
’245 (1, 4, 9, 13, 18, 22, 23)

Rockstar’s Proposed
Construction
input from user regarding his
or her preferences

“user preference edit input”
’245 (5, 14, 22)

input from a user to edit his or
her preferences

“user preference reprioritization input”
’245 (6, 15, 23)

input from a user to reprioritize preferences

“user specified preferences”
’969 (5, 12, 21)

data regarding a user’s
preferences specified by the
user

Claim Term (Claim(s))

3324145v1/013149

Google’s Proposed
Construction
input about the user’s
preferences, not the user’s
search arguments
additional input about the
user’s preferences, not the
user’s search arguments
additional input about the
priority of the user’s
preferences, not the user’s
search arguments
preferences specified by
the user, not the user’s
search arguments

V.

Terms That Do Not Require Construction

Claim Term (Claim(s))
“search result[s]”
’969 (1, 4, 6, 8, 11, 13, 17, 20,
22)
’245 (1, 3, 8, 9, 17, 18, 20, 22,
23, 25)
’970 (1, 10, 14, 17, 23, 26, 30,
33, 38, 41, 46)
’178 (1, 10, 12)
’183 (1, 5, 9, 11, 14, 18)
’883 (1, 9, 10, 11, 18, 19, 20)
“modified search results”
’245 (22, 23)
’178 (1, 12)
“sort[ing] the search results /
the search results have been
sorted”
’883 (9, 18)
“included in a web page”
’970 (7, 14, 23, 30, 38, 46)
’183 (5, 11, 18)

“direct[ing] the data
processing device to a website
corresponding to the selection
of the advertisement”
’970 (3, 19, 36, 44)
“display[ing] in the
[first/second] display portion
of a display of the data
processing device”
’183 (1, 9, 14)
“data network related
information”
’969 (1, 8, 17, 22)
’883 (1, 10, 11, 20, 28)

3324145v1/013149

Rockstar’s Proposed
Construction
Plain and ordinary meaning.

Google’s Proposed
Construction
a page of WWW site
locations matching the
search argument

Plain and ordinary meaning.

a set of search results
created by modifying
previous search results;
not a new set of results
separate the search results
into groups search results
that have been separated
into groups
included in a file or
document on the
World Wide Web

Plain and ordinary meaning.

Plain and ordinary meaning.
In the alternative, “included in
a page, file or document for
display on the data processing
device”
Plain and ordinary meaning.
In the alternative, “directing
the data processing device to a
website related to the
advertiser or seller”
Plain and ordinary meaning.

Plain and ordinary meaning.
In the alternative, “information
derived from a data network
used to generate search
results”

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

display [as defined] in a
first|second window of a
display of the data
processing device
information from the data
network being searched

Claim Term (Claim(s))
“subsequent advertisement
selection operations”
’183 (8, 13)
“interacting with the
advertising machine via the
communications link to
provide information used to
create user profile data for the
user”
’883 (11)

“update[e|ing] the
advertisement database based
upon the [non-] selection of
the advertisement”
’970 (5, 13, 21, 29)

“updating advertisements
provided to the data processing
device based upon a
determination that the user
does not select the at least one
advertisement”
’178 (8)
“distinct differing databases”
’883 (10, 28)

“used to create user preference
data by the advertising
machine”
’245 (18)
“the at least one advertisement
obtained from at least one
database having advertisement
information based upon the
search argument and the user
preference data”
’245 (18)

3324145v1/013149

Rockstar’s Proposed
Construction
Plain and ordinary meaning.

Google’s Proposed
Construction
selection of replacement
ads within a search session

Plain and ordinary meaning.

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

In the alternative,
“communicating with the
advertising machine via the
communications link to
provide information used to
create user profile data for the
user”
Plain and ordinary meaning.
In the alternative,
“modify[ing] the
advertisement database based
upon the [non-] selection of
the advertisement”
Plain and ordinary meaning.
In the alternative, “modifying
the advertisements provided to
the data processing device
based upon a determination
that the user does not select the
at least one advertisement”
Plain and ordinary meaning.

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

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

Indefinite

In the alternative, “different
databases”
Plain and ordinary meaning.

Indefinite

Plain and ordinary meaning.

indefinite

In the alternative, “at least one
advertisement selected from a
plurality of possible
advertisements to be provided
to the user based upon the
search argument and user
preference data”

VI.

Ordering Disputes

Claim Term (Claim(s))
Order of steps of claim 17
of the ’970 patent
Order of steps of claim 26
of the ’970 patent
Order of steps of claim 41
of the ’970 patent
Order of steps of claim 1 of
the ’178 patent

Order of steps of claim 12
of the ’178 patent
Order of steps of claim 1 of
the ’183 patent

3324145v1/013149

Rockstar’s Proposed
Construction
Steps 17[b] and 17[c] need not
occur in order
Steps 26[b] and 26[c] need not
occur in order
Steps 41[b] and 41[c] need not
occur in order
Steps 1[b] and 1[c] need not
occur in order. Steps 1[f] and
1[g] need not occur in order

Google’s Proposed
Construction
Steps 17[b] and 17[c] must
occur in order
Steps 26[b] and 26[c] must
occur in order
Steps 41[b] and 41[c] must
occur in order
Steps 1[b] and 1[c] must
occur in order. Steps 1[f]
and 1[g] must occur in
order
Steps 12[d], 12[e], and 12[f] Steps 12[d], 12[e], and
need not occur in order
12[f] must occur in order.
Steps 1[b] and 1[c] need not Steps 1[b] and 1[c] must
occur in order
occur in order