Rockstar Consortium US LP et al v. Google Inc

Filing 200

Joint Claim Construction Chart Pursuant to Patent Rule 4-5(d) by Google Inc. (Attachments: # 1 Appendix A - U.S. Patent No. 7,236,969, # 2 Appendix B - U.S. Patent No. 7,469,245, # 3 Appendix C - U.S. Patent No. 7,672,970, # 4 Appendix D - U.S. Patent No. 7,895,178, # 5 Appendix E - U.S. Patent No. 7,895,183, # 6 Appendix F - U.S. Patent No. 7,933,883, # 7 Appendix G - Ordering Agreements and Disputes, # 8 Appendix H - Antecedent Basis Agreements and Disputes)(Anderson, Carl)

APPENDIX A:
JOINT CLAIM CONSTRUCTION CHART FOR U.S. PATENT NO. 7,236,969
Asserted Claims
(Disputed terms in
bold)
Claim 1. A method of
providing
advertisements to a user
searching for desired
information within a
data network,
comprising the steps of:
receiving, from the user,
a search request
including a search
argument
corresponding to the
desired information;
searching, based upon
the received search
argument, a first
database having data
network related
information to generate
search results;
correlating the
received search
argument to a
particular
1

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
a person or individual
“user”
’969 (1-6, 8-13, 17-23)
operating a data
’245 (1, 3, 5-9, 16-17)
processing device
’970 (1, 4, 10, 12, 17, 20,
26, 28, 33, 37, 45)
’178 (1, 8-10, 12, 17, 18)
’183 (1, 7, 8, 9, 20)
’883 (1-10, 20-25)

Google’s Proposed
Construction
a person using or
operating a computer

“search request”1
(all claims)

[Agreed]

[Agreed]

“search argument” /
“the received search
argument”
’969 (1, 2, 3, 8, 9, 14, 17,
18, 22, 23)
’245 (1, 9)
’970 (1, 8, 10, 15, 17, 24,
26, 31, 33, 39, 41, 47)
’178 (1, 5, 12, 14)
’183 (1, 9)

the text or strings
received from the data
processing device

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

“Search request” is found in nearly all claims but for brevity’s sake is only mentioned in Claim 1 of the ’969 Patent.

1

Court’s Construction

the request submitted to
a search engine
comprising at least a
search argument

Asserted Claims
(Disputed terms in
bold)
advertisement in a
second database having
advertisement related
information; and
providing the search
results together with the
particular advertisement
to the user.

Terms for Construction
(claims and patents in
which term appears)
’883 (1, 7, 10, 20)

“database”
’969 (1, 8, 14, 17, 22)
’245 (1, 9, 17)
’970 (1, 5, 8, 10, 13, 15,
17, 21, 24, 26, 29, 31, 33,
39, 41)
’178 (1)
’183 (1)
’883 (1, 3, 10, 20, 22, 28)
“data network related
information”
’969 (1, 8, 17, 22)
’883 (1, 10, 20, 28)

“search result[s]”
’969 (1, 4, 6, 8, 11, 13,
17, 20, 22)
’245 (1, 3, 8, 9, 17)
’970 (1, 10, 14, 17, 23,
26, 30, 33, 38, 41, 46)
’178 (1, 10, 12)
’183 (1, 5, 9)
’883 (1, 9, 10, 20)

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

an organized collection
of data stored on one or
more computers

an organized collection
of data stored on a
computer storage
medium

Plain and ordinary
meaning.

information from the data
network being searched

In the alternative,
“information derived
from a data network
used to generate search
results”
Plain and ordinary
meaning.
Alternatively, “the set of
results the user receives
from a search engine
after submitting a search
argument.”

2

a page of WWW site
locations matching the
search argument

Court’s Construction

Asserted Claims
(Disputed terms in
bold)

Terms for Construction
(claims and patents in
which term appears)
“advertisement”/
“particular
advertisement”
’969 (1, 2, 6, 8, 9, 13, 14,
17, 18, 22, 23)
’245 (1, 9)
’970 (1, 3-5, 8, 10, 11-15,
17, 19-24, 26-31, 33, 34,
36-39, 41, 42, 44-47)
’178 (1, 7-9, 12, 16-18)
’183 (1, 2, 5, 8-10, 11,
13-15, 18)
’883 (1, 10, 20, 28)
“[correlating/correlates]
the received search
argument to a
particular
advertisement”
’969 (1, 2, 8, 14, 17, 22)

“advertisement
database” /
“database having
advertisement
information”

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

a relevant advertisement
from a plurality of
possible advertisements

“particular
advertisement” should
be construed as:
advertisement that is
closest to the need of the
user

identifying a relevant
advertisement from a
plurality of possible
advertisements based on
the received search
argument

“correlating” should be
construed as:
matching

database of
advertisements or
advertisement-related
information
3

construction of the
disputed constituent
terms of
“[correlating/correlates]
the received search
argument to a
particular
advertisement”
is sufficient
a database [as defined] of
products or services with
corresponding
advertisements

Court’s Construction

Asserted Claims
(Disputed terms in
bold)

2. A method as claimed
in claim 1, wherein the
step of correlating the
received search
argument to the
particular
advertisement
including selecting the
particular advertisement
based on the received
search argument and
user profile data.

3. A method as claimed
in claim 2, wherein the
user profile data
includes selections of

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
’969 (1, 8, 17, 22)
’245 (1, 9)
’970 (1, 5, 8, 10, 13, 15,
17, 21, 24, 26, 29, 31)
’178 (1)
’183 (1)
’883 (1, 10, 20, 28)
“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”

Google’s Proposed
Construction

See claim 1.

“advertisement”/
“particular
advertisement”

See claim 1.

See claim 1.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“[the] user profile data” data in a profile about
’969 (2-5, 9-12, 18-21,
the user
23)
’178 (9, 10)
’183 (7, 20)
’883 (1-10, 20-25, 28)
“user”
See claim 1.

data in the profile about
the user

“search argument” /
“the received search

See claim 1.

See claim 1.
4

See claim 1.

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
the user from previous
search arguments.

Terms for Construction
(claims and patents in
which term appears)
argument”

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“[the] user profile data” See claim 2.
4. A method as claimed
in claim 3, wherein the
user profile data
includes selections of
the user from previous
search results.
5. A method as claimed
in claim 4, wherein the
user profile data
includes user specified
preferences.
6. A method as claimed
in claim 1, wherein the
step of providing the
search results and the
particular
advertisement to the
user includes
displaying the search
results as a page on a
data processing device
and the particular
advertisement as an
insert on the page.

See claim 2.

“user”

See claim 1.

See claim 1.

“[the] user profile data” See claim 2.

See claim 2.

See claim 1.

See claim 1.

“[the] user profile data” See claim 2.

Court’s Construction

See claim 2.

“search result[s]”

“user specified
preferences”
’969 (5, 12, 21)
“search result[s]”

data regarding a user’s
preferences specified by
the user
See claim 1.

preferences specified by
the user, not the user’s
search arguments
See claim 1.

“advertisement”/
“particular
advertisement”

See claim 1.

See claim 1.

“user”

See claim 1.

See claim 1.

Display[ed/ing]
’969 (6, 13)
’178 (12)
’183 (1, 2, 5-15, 18, 20)

[Agreed]

[Agreed]

5

Show[n/ing] visually

Asserted Claims
(Disputed terms in
bold)

8. A method of
providing
advertisements to a user
searching for desired
information within a
data network,
comprising the steps of:
receiving, at a server, a
search request sent from
a user, the search
request including a
search argument
corresponding to the
desired information;
searching, by the server
computer based upon
the received search

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“data processing device a device [of a/the user]
[of a/the user]”
supporting functionality
for communications
’969 (6, 13)
over the Internet
’245 (1, 5, 8, 9, 17)
’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)
’883 (1, 4, 8, 20, 23)
“server/[the] server
a computer that provides
computer”
services to a client
’969 (8, 17, 22)
computer
’970 (33, 34-39, 41, 4245, 47)
“user”
See claim 1.

Google’s Proposed
Construction
a desktop computer, such
as a PC or a Macintosh,
executing a browser

a computer that provides
services to client
programs on end user’s
computers
See claim 1.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“database”

See claim 1.

See claim 1.

6

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
argument, a first
database to generate
search results, the first
database having data
network related
information and being
contained on the server
computer; correlating
the received search
argument to a
particular
advertisement in a
second database having
advertisement related
information, the second
database contained on a
client computer; and
providing the search
results together with the
particular advertisement
to the user.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
See claim 1.
“search result[s]”

“data network related
information”

Google’s Proposed
Construction
See claim 1.

See claim 1.

See claim 1.

“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”
“advertisement”/
See claim 1.
“particular
advertisement”
“advertisement
See claim 1.
database” /
“database having
advertisement
information”

See claim 1.

See claim 1.
See claim 1.

“client/client computer” a computer that sends
end user computer
’969 (8, 14, 17, 22)
and receives information
from a server

7

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
9. A method as claimed
in claim 8, wherein the
step of correlating the
received search
argument to the
particular
advertisement includes
selecting the particular
advertisement based on
the received search
argument and user
profile data.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”

Google’s Proposed
Construction
See claim 1.

“advertisement”/
“particular
advertisement”

See claim 1.

See claim 1.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“[the] user profile data” See claim 2.

See claim 2.

“[the] user profile data” See claim 2.

See claim 2.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“user”

See claim 1.

See claim 1.

11. A method as claimed “[the] user profile data” See claim 1.
in claim 10, wherein the
user profile data is
See claim 1.
“search result[s]”
based partially upon

See claim 1.

10. A method as claimed
in claim 9, wherein the
user profile data is
based partially upon
previous search
arguments of the user.

8

See claim 1.

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
previous search results
for the user.
12. A method as claimed
in claim 11, wherein the
user profile data
includes user specified
preferences.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“user”
See claim 1.

See claim 1.

“[the] user profile data” See claim 1.

See claim 1.

“user specified
preferences”

See claim 5.

See claim 5.

13. A method as claimed
in claim 8, wherein the
step of providing the
search results and the
particular
advertisement to the
user includes
displaying the search
results as a page on a
data processing device
and the particular
advertisement as an
insert on the page.

“search result[s]”

See claim 1.

See claim 1.

“advertisement”/
“particular
advertisement”

See claim 1.

See claim 1.

“user”

See claim 1.

See claim 1.

Display[ed/ing]

See claim 6.

See claim 6.

“data processing device
[of a/the user]”

See claim 6.

See claim 6.

14. A method as claimed
in claim 8, wherein the
step of correlating the
received search
argument to a
particular

“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”

See claim 1.

9

Google’s Proposed
Construction

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
advertisement in the
second database is
performed by the client
computer.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“client/client computer” See claim 8.

17. An advertising
machine for providing
advertisements to a user
searching for desired
information within a
data network, the
advertising machine
comprising: a server
computer coupled to
the data network that
receives a search request
from the user, the
search request including
a search argument
corresponding to the
desired information; a
database search engine
coupled to the server
computer that receives
the search argument
from the server
computer and searches a
first database to
generate search results,
the first database having
data network related

“advertising machine”
’969 (17-23)
’245 (1, 9, 16-17)
’970 (1, 2-5, 8, 10, 11-15,
17, 18-21, 24, 26, 27-29,
31)
’178 (1, 12, 17, 18)
’183 (1, 9, 11, 12, 14, 15,
17, 18)
’883 (1, 3, 20, 21-25, 28)
“server/[the] server
computer”

one or more computers
configured to provide
advertisements

computer configured to
provide advertisements

See claim 8.

See claim 8.

“user”

See claim 1.

See claim 1.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“database search
engine”

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

indefinite

’969 (17, 22)
’245 (9, 17)

10

Google’s Proposed
Construction
See claim 8.

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
information and being
contained on the server
computer; an
associative search
engine coupled to the
server computer that
correlates the received
search argument to a
particular
advertisement in a
second database having
advertisement related
information, the second
database contained on a
client computer; and
the server computer
providing the search
results together with the
particular advertisement
to the user.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
’970 (1, 10, 33, 39, 41)
generate search results
’183 (14)
’883 (20)

Google’s Proposed
Construction

“database”

See claim 1.

See claim 1.

“data network related
information”

See claim 1.

See claim 1.

“associative search
engine”
’969 (17, 18, 22, 23)
’245 (9)
’970 (1, 8, 10, 11, 15, 33,
41, 47)
’183 (14)
’883 (20, 22-23)

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

Alternatively, “A search
engine that selects a
product, service, or
advertisement and
provides an
advertisement relevant
to a user’s search
request.”
“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”

11

See claim 1.

Court’s Construction

Asserted Claims
(Disputed terms in
bold)

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
See claim 1.
“advertisement”/
“particular
advertisement”
“advertisement
database” /
“database having
advertisement
information”

Google’s Proposed
Construction
See claim 1.

See claim 1.

“client/client computer” See claim 8.

See claim 8.

“search result[s]”

18. The advertising
machine of claim 17,
wherein the associative
search engine selects
the particular
advertisement based on
the received search
argument and user
profile data.

See claim 1.

See claim 1.

See claim 1.

“associative search
engine”

See claim 17.

See claim 17.

“advertisement”/
“particular
advertisement”

See claim 1.

See claim 1.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“[the] user profile data” See claim 2.

See claim 2.

12

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
19. The advertising
machine of claim 18,
wherein the user profile
data is based partially
upon previous search
arguments of the user.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“[the] user profile data” See claim 2.

Google’s Proposed
Construction
See claim 2.

See claim 1.

See claim 1.

“user”
20. The advertising
machine of claim 18,
wherein the user profile
data is based partially
upon previous search
results for the user.
21. The advertising
machine of claim 18,
wherein the user profile
data includes user
specified preferences.
22. An advertising
machine coupled to a
data network for
providing
advertisements to a user,
the advertising
machine comprising: a
server computer

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“[the] user profile data” See claim 2.

See claim 2.

“search result[s]”

See claim 1.

See claim 1.

“user”

See claim 1.

See claim 1.

“[the] user profile data” See claim 2.

See claim 2.

“user specified
preferences”

See claim 5.

See claim 5.

“advertising machine”

See claim 17.

See claim 17.

“server/[the] server
computer”

See claim 8.

See claim 8.

13

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
coupled to the data
network that receives a
search request from the
user, the search request
including a search
argument
corresponding to the
desired information; a
database search engine
coupled to the server
computer that receives
the search argument
from the server
computer and searches a
first database to
generate search results,
the first database having
data network related
information and being
contained on the server
computer; an
associative search
engine coupled to the
server computer that
correlates the received
search argument to a
particular
advertisement in a
second database having
advertisement related

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“user”
See claim 1.

Google’s Proposed
Construction
See claim 1.

“search argument” /
“the received search
argument”

See claim 1.

See claim 1.

“database search
engine”

See claim 17.

See claim 17.

“database”

See claim 1.

See claim 1.

“data network related
information”

See claim 1.

See claim 1.

“associative search
engine”

See claim 17.

See claim 17.

“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”
14

See claim 1.

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
information, the second
database contained on a
client computer; the
server computer
providing the search
results together with the
particular advertisement
to the user; the server
computer determining
whether the
advertisement was
successful; and the
server computer altering
criteria for subsequent
correlations of received
search arguments to the
second database.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
See claim 1.
“advertisement”/
“particular
advertisement”

23. The advertising
machine of claim 22,
wherein the associative
search engine
correlates the received
search argument to the
particular
advertisement based

“associative search
engine”

Google’s Proposed
Construction
See claim 1.

“advertisement
See claim 1.
database” /
“database having
advertisement
information”
“client/client computer” See claim 8.

See claim 1.

“search result[s]”

See claim 1.

See claim 1.

“determining whether
the advertisement was
successful”
’969 (22)

determining whether a
user clicked on
(selected) a particular
advertisement when
presented
See claim 17

indefinite

“[correlating/correlates] See claim 1.
the received search
argument to a
particular
advertisement”

15

See claim 8.

See claim 17.
See claim 1.

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
on the received search
argument and user
profile data.

Terms for Construction
Rockstar’s Proposed
(claims and patents in
Construction
which term appears)
“advertisement”/
See claim 1.
“particular
advertisement”
“[the] user profile data” See claim 2.

16

Google’s Proposed
Construction
See claim 1.
See claim 2.

Court’s Construction