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 C:
JOINT CLAIM CONSTRUCTION CHART FOR U.S. PATENT NO. US 7,672,970
Asserted Claims
(Disputed terms in
bold)
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: a
communications
interface operable to
interface with the data
processing device of the
user via the
communications link; a
database search engine
operable to: receive from
the data processing
device via the
communications link a
search request that
includes a search

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“generate a fee record”
/ “the fee record”
’970 (1, 2, 17, 34, 35,
43)

[generate] a record
reflecting that an
advertisement has been
clicked on (selected)

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

“user”

See ‘969 (1)

See ‘969 (1)

“communications
interface”

See ’245 (9)

See ’245 (9)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

“communications link”

See ‘245 (1)

See ‘245 (1)

“database search
engine”

See ’969 (17)

See ’969 (17)

1

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
argument; and search at
least one database using
the search argument to
produce search results;
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 results;
and 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; 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.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

“database”

See ‘969 (1)

See ‘969 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“advertisement
database” /
“database having
advertisement
information”
“advertising machine”

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

2

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
2. The advertising
machine of claim 1,
wherein the advertising
machine is further
operable to extract a toll
based upon the fee
record.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“extract a toll based
upon the fee record”
’970 (2, 18, 35)

determine an amount to
be paid based on the fee
record

obtain payment of a fee
recited in a fee record

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“generate a fee record”
/ “the fee record”

See ’970 (1)

See ’970 (1)

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

“direct[ing] the data
processing device to a
website corresponding
to the selection of the
advertisement”
’970 (3, 19, 36, 44)

Plain and ordinary
meaning.

“advertising machine”

In the alternative,
“directing the data
processing device to a
website related to the
advertiser or seller”
See ‘969 (17)

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

4. 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

“advertising machine”

See ‘969 (17)

“user preference data”/ See ‘245 (1)
“preference data for
the user” / [creating]
user preference data”

3

See ‘969 (17)

See ‘969 (17)

See ‘245 (1)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”
5. 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.

“user”

See ‘969 (1)

See ‘969 (1)

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

Plain and ordinary
meaning.

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

“advertising machine”

“database”

8. 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

In the alternative,
“modify[ing] the
advertisement database
based upon the [non-]
selection of the
advertisement”
See ‘969 (17)

See ‘969 (1)

See ‘969 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

4

See ‘969 (17)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
least the search
argument.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“advertisement
database” /
“database having
advertisement
information”
“database”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

5

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
10. 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: a
communications
interface operable to
interface with the data
processing device of the
user via the
communications link; a
database search engine
operable to: receive from
the data processing
device via the
communications link a
search request that
includes a search
argument; and search at
least one database using
the search argument to
produce search results;
an associative search
engine operable to select
at least one
advertisement from an

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“receiv[e/ing] a
response from the data
processing device via
the communications
link that indicates nonselection of the at least
one advertisement”
’970 (10, 26)

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
See ‘969 (1)

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

See ’245 (9)

See ’245 (9)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

“communications link”

See ‘245 (1)

See ‘245 (1)

“database search
engine”

See ’969 (17)

See ’969 (17)

“user”

“communications
interface”

6

See ‘969 (1)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
advertisement database
based upon at least one
of the search argument
and the search results;
and 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; receive a
response from the data
processing device via
the communications
link that indicates nonselection of the at least
one advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

“database”

See ‘969 (1)

See ‘969 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“advertisement
database” /
“database having
advertisement
information”
“advertising machine”

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

7

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
11. 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 the
advertising machine is
further operable to
transmit the at least one
differing advertisement
via the communications
link to the data
processing device.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

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
See ‘969 (17)

selecting at least one
replacement
advertisement based
upon the non-selection
of the at least one
advertisement

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”
“communications link”

See ‘969 (1)

See ‘969 (1)

See ‘245 (1)

See ‘245 (1)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

“select[ing] at least one
differing advertisement
based upon the nonselection of the at least
one advertisement”
’970 (11, 27)

“advertising machine”

8

See ‘969 (17)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
12. 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.

13. The advertising
machine of claim 10,
wherein the advertising
machine is further
operable to update the
advertisement database
based upon the nonselection of the
advertisement.

Terms for
Construction
“advertising machine”

Rockstar’s Proposed
Construction
See ‘969 (17)

Google’s Proposed
Construction
See ‘969 (17)

“user preference data”/ See ‘245 (1)
“preference data for
the user” / [creating]
user preference data”
See ‘969 (1)
“user”

See ‘245 (1)

“advertisement”/
“particular
advertisement”
“advertising machine”

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

See ‘969 (1)

See ’970 (5)

“database”
14. The advertising
machine of claim 10,

“update[e|ing] the
See ’970 (5)
advertisement database
based upon the [non-]
selection of the
advertisement”
See ‘969 (1)

See ‘969 (1)

“included in a web
page”

Plain and ordinary
meaning.

included in a file or
document on the World

9

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
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.

Terms for
Construction
’970 (14, 23, 30, 38, 46)
’183 (5, 11, 18)

Rockstar’s Proposed
Construction

Google’s Proposed
Construction
Wide Web

See ‘969 (17)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
See ‘969 (1)
“particular
advertisement”
“data processing device See ‘969 (6)
[of a/the user]”
“communications link” See ‘245 (1)
15. 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.

“advertising machine”

In the alternative,
“included in a page, file
or document for display
on the data processing
device”
See ‘969 (17)

See ‘969 (1)
See ‘969 (6)
See ‘245 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”
“advertisement
database” /
“database having
advertisement
information”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

10

Court’s Construction

Asserted Claims
(Disputed terms in
bold)

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database”

17. 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: the
advertising machine
receiving from the data
processing device via
the communications
link a search request that
includes a search
argument; the
advertising machine
searching at least one
database using the
search argument to
produce search results;

See ‘969 (1)

See ‘969 (1)

“search argument” /
“the received search
argument”
“user”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

“communications link”

See ‘245 (1)

See ‘245 (1)

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

11

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
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 advertising machine
transmitting 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 selection
of an advertisement; and
the advertising machine
generating a fee record
based upon the
selection of the
advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database”

See ‘969 (1)

See ‘969 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“advertisement
database” /
“database having
advertisement
information”

See ‘969 (1)

See ‘969 (1)

“generate a fee record”
/ “the fee record”

See ’970 (1)

See ’970 (1)

See ‘969 (17)

See ‘969 (17)

See ’970 (2)

See ’970 (2)

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

12

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
upon the fee record.

Terms for
Construction
“generate a fee record”
/ “the fee record”

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

See ’970 (1)

See ’970 (1)

19. The method of claim “advertising machine”
17, further comprising
the advertising machine
directing the data
processing device to a
“direct[ing] the data
website corresponding
processing device to a
to the selection of the
website corresponding
advertisement.
to the selection of the
advertisement”

See ‘969 (17)

See ‘969 (17)

See ’970 (3)

See ’970 (3)

20. The method of claim
17, further comprising
the advertising machine
updating preference
data for the user based
upon the selection of the
advertisement.

See ‘969 (17)

See ‘969 (17)

“advertising machine”

“user preference data”/ See ‘245 (1)
“preference data for
the user” / [creating]
user preference data”
See ‘969 (1)
“user”

See ‘245 (1)

“advertisement”/
“particular
advertisement”
“advertising machine”

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

See ‘969 (1)

See ‘969 (1)

21. The method of claim
17, further comprising
the advertising machine “advertisement
database” /
updating the
“database having
advertisement database
advertisement

13

See ‘969 (1)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
based upon the selection
of the advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

information”
“database”

23. The method of claim
17, 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.

24. 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.

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”
“search result[s]”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”
“included in a web
page”

See ‘969 (1)

See ‘969 (1)

See ’970 (14)

See ’970 (14)

“data processing device See ‘969 (6)
[of a/the user]”
“communications link” See ‘245 (1)

See ‘969 (6)
See ‘245 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”
“advertisement
database” /
“database having
advertisement
information”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

14

Court’s Construction

Asserted Claims
(Disputed terms in
bold)

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database”

26. 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: the
advertising machine
receiving from the data
processing device via
the communications
link a search request that
includes a search
argument; the
advertising machine
searching at least one
database using the
search argument to
produce search results;
the advertising machine

See ‘969 (1)

See ‘969 (1)

“search argument” /
“the received search
argument”
“user”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

“communications link”

See ‘245 (1)

See ‘245 (1)

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

15

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
selecting 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
advertising machine
receiving a response
from the data
processing device via
the communications
link that indicates nonselection of the at least
one advertisement.

27. The method of claim
26, further comprising:
the advertising machine
selecting at least one

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database”

See ‘969 (1)

See ‘969 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“advertisement
database” /
“database having
advertisement
information”
“receiv[e/ing] a
response from the data
processing device via
the communications
link that indicates nonselection of the at least
one advertisement”

See ‘969 (1)

See ‘969 (1)

See ’970 (10)

See ’970 (10)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

16

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
differing advertisement
based upon the nonselection of the at least
one advertisement; and
the advertising machine
transmitting the at least
one differing
advertisement via the
communications link to
the data processing
device.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

29. The method of claim
26, further comprising
the advertising machine

See ’970 (11)

“advertisement”/
“particular
advertisement”
“communications link”

See ‘969 (1)

See ‘969 (1)

See ‘245 (1)

See ‘245 (1)

“data processing device See ‘969 (6)
[of a/the user]”
28. 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.

“select[ing] at least one See ’970 (11)
differing advertisement
based upon the nonselection of the at least
one advertisement”

See ‘969 (6)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“user preference data”/ See ‘245 (1)
“preference data for
the user” / [creating]
user preference data”
See ‘969 (1)
“user”

See ‘245 (1)

“advertisement”/
“particular
advertisement”
“advertising machine”

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

17

See ‘969 (1)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
updating the
advertisement database
based upon the nonselection of the
advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

31. 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.

See ’970 (5)

“database”
30. 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.

“update[e|ing] the
See ’970 (5)
advertisement database
based upon the [non-]
selection of the
advertisement”
See ‘969 (1)

See ‘969 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”
“included in a web
page”

See ‘969 (1)

See ‘969 (1)

See ’970 (14)

See ’970 (14)

“data processing device See ‘969 (6)
[of a/the user]”
“communications link” See ‘245 (1)

See ‘969 (6)
See ‘245 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”
“advertisement
database” /
“database having
advertisement
information”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

18

Court’s Construction

Asserted Claims
(Disputed terms in
bold)

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database”

33. 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: 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 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

See ‘969 (1)

See ‘969 (1)

“search argument” /
“the received search
argument”
“server/[the] server
computer”

See ‘969 (1)

See ‘969 (1)

See ’969 (8)

See ’969 (8)

“communications link”

See ‘245 (1)

See ‘245 (1)

“user”

See ‘969 (1)

See ‘969 (1)

“communications
interface”

See ’245 (9)

See ’245 (9)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

19

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
argument; and interact
with the database search
engine to receive search
results from the
database search engine
that are selected based
upon the search
argument; 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; and transmit the
search results together
with the at least one
advertisement via the
communications link to
the data processing
device.
34. 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

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database search
engine”

See ’969 (17)

See ’969 (17)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“communications
interface”

See ’245 (9)

See ’245 (9)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

20

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
processing device via
the communications
link that indicates
selection of an
advertisement; and
based upon the
advertisement selection,
generate a fee record.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“communications link”

See ‘245 (1)

See ‘245 (1)

“advertisement”/
“particular
advertisement”
“generate a fee record”
/ “the fee record”

See ‘969 (1)

See ‘969 (1)

See ’970 (1)

See ’970 (1)

35. The server computer
of claim 34, wherein the
server computer is
further operable to
extract a toll based
upon the fee record.

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“extract a toll based
upon the fee record”

See ’970 (2)

See ’970 (2)

“generate a fee record”
/ “the fee record”

See ’970 (1)

See ’970 (1)

36. 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.

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

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

See ’970 (3)

See ’970 (3)

37. The server computer
of claim 34, wherein the

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

21

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
server computer is
further operable to
update preference data
for the user based upon
the selection of the
advertisement.

38. The server
computer of claim 34,
wherein the search
results and the at least
one advertisement are
included in a web page.

39. The server computer
of claim 33, wherein the
server computer, using
the at least one
communication
interface, is operable to

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“user preference data”/ See ‘245 (1)
“preference data for
the user” / [creating]
user preference data”
See ‘969 (1)
“user”

See ‘245 (1)

“advertisement”/
“particular
advertisement”
“server/[the] server
computer”

See ‘969 (1)

See ‘969 (1)

See ’969 (8)

See ’969 (8)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”
“included in a web
page”

See ‘969 (1)

See ‘969 (1)

See ’970 (14)

See ’970 (14)

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“communications
interface”

See ’245 (9)

See ’245 (9)

22

See ‘969 (1)

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
interact with the
database search engine
to receive an
advertisement that is
selected based upon at
least the search
argument.
41. A method of
operating a server
computer to provide
advertisements
comprising: 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
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

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database search
engine”

See ’969 (17)

See ’969 (17)

“advertisement”/
“particular
advertisement”
“search argument” /
“the received search
argument”
“server/[the] server
computer”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ’969 (8)

See ’969 (8)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

“communications
interface”

See ’245 (9)

See ’245 (9)

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

23

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
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
42. 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

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“database search
engine”

See ’969 (17)

See ’969 (17)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“data processing device See ‘969 (6)
[of a/the user]”

See ‘969 (6)

See ’245 (9)

See ’245 (9)

“communications
interface”

24

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
selection of an
advertisement; and
based upon the
advertisement selection,
generating a fee record.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“advertisement”/
“particular
advertisement”
“generate a fee record”
/ “the fee record”

See ‘969 (1)

See ‘969 (1)

See ’970 (1)

See ’970 (1)

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“extract a toll based
upon the fee record”
“generate a fee record”
/ “the fee record”

See ’970 (2)

See ’970 (2)

See ’970 (1)

See ’970 (1)

44. The method of claim
41, further comprising
the server computer
directing the data
processing device to a
website corresponding
to the selection of the
advertisement.

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

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

See ’970 (3)

See ’970 (3)

45. The method of claim
41, further comprising
the server computer
updating preference
data for the user based
upon the selection of the

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“user preference data”/ See ‘245 (1)
“preference data for
the user” / [creating]

See ‘245 (1)

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

25

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

user preference data”
“the user”

47. 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

[Agreed]

[Agreed]

“advertisement”/
“particular
advertisement”
“search result[s]”

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”
“included in a web
page”

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

Court’s Construction

See ‘969 (1)

See ‘969 (1)

See ’970 (14)

See ’970 (14)

“server/[the] server
computer”

See ’969 (8)

See ’969 (8)

“associative search
engine”

See ‘969 (17)

See ‘969 (17)

“communications
interface”

See ’245 (9)

See ’245 (9)

“advertisement”/
“particular

See ‘969 (1)

See ‘969 (1)

26

a person or individual
operating the data
processing device

Asserted Claims
(Disputed terms in
bold)
argument.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

advertisement”
“search argument” /
“the received search
argument”

See ‘969 (1)

27

See ‘969 (1)

Court’s Construction