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 E:
JOINT CLAIM CONSTRUCTION CHART FOR U.S. PATENT NO. US 7,895,183
Asserted Claims
(Disputed terms in
bold)
1. 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: receiving
from the data
processing device via
the communications
link a search request that
includes a search
argument; searching at
least one database using
the search argument to
produce search results;
selecting at least one
advertisement from an
advertisement database
based upon at least one
of the search argument
and the search results;
and transmitting the

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“web page data
format”
’183 (1, 14)

format compatible for
use on a web page

HTML format

“display[ing] in the
[first/second] display
portion of a display of
the data processing
device”
’183 (1, 9, 14)
“advertising machine”

Plain and ordinary
meaning.

display [as defined] in a
first|second window of a
display of the data
processing device

See ‘969 (17)

See ‘969 (17)

“user”

See ‘969 (1)

See ‘969 (1)

“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)

1

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
search results together
with the at least one
advertisement via the
communications link to
the data processing
device in a web page
data format that causes
the data processing
device to display the
search results in a first
display portion of a
display of the data
processing device and
to display the at least
one advertisement in a
second display portion
of the display of the
data processing device
2. The method of claim
1, wherein the at least
one advertisement
includes a link to a
website sponsoring the
advertisement.
5. The method of claim
1, wherein the search
results and the at least
one advertisement are
included in a web page

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”
Display[ed/ing]

See ‘969 (1)

See ‘969 (1)

[Agreed]

[Agreed]

“advertisement”/
“particular
advertisement”
“link to a website”
’178 (7, 16)
’183 (2, 10, 15)
“search result[s]”

See ‘969 (1)

See ‘969 (1)

[Agreed]

[Agreed]

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

Court’s Construction

2

Show[n/ing] visually

a hyperlink to a website

Asserted Claims
(Disputed terms in
bold)
transmitted to the data
processing device via
the communications
link.

6. The method of claim
1, wherein the at least
one computer is operated
by a search engine
provider.
7. The method of claim
1, further comprising
compiling user profile
data for the user based
upon at least the search
term.

8. The method of claim
1, further comprising:
determining, via
communication with the
data processing device
that the user does not
select the at least one
advertisement; and

Terms for
Construction
“included in a web
page”

Rockstar’s Proposed
Construction
See ‘970 (14)

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

Google’s Proposed
Construction

Court’s Construction

See ‘970 (14)
See ‘969 (6)
See ‘245 (1)

No disputed terms.

“[the] user profile
data”

See ‘969 (2)

See ‘969 (2)

“user”

See ‘969 (1)

See ‘969 (1)

“compil[e|ing] user
profile data”
’183 (7, 20)
“subsequent
advertisement selection
operations”
’183 (8, 13)
“data processing device
[of a/the user]”

[Agreed]

[Agreed]

Plain and ordinary
meaning.

selection of replacement
ads within a search
session

See ‘969 (6)

See ‘969 (6)

3

collect user profile data

Asserted Claims
(Disputed terms in
bold)
using the determination
that the user does not
select the at least one
advertisement in
subsequent
advertisement selection
operations.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“user”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

4

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
9. A method for
operating a data
processing device of a
user to receive
advertisements via a
communications link
from an advertising
machine implemented on
at least one computer,
the method comprising:
based upon interaction
with the user, creating a
search request that
includes a search
argument; transmitting
to the advertising
machine via the
communications link
the search request that
includes the search
argument; receiving
search results and at
least one advertisement
via the communications
link from the advertising
machine, the at least one
advertisement relating to
the search argument;
displaying the search
results in a first display

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

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

See ‘969 (6)

“user”

See ‘969 (1)

See ‘969 (1)

“search argument” /
“the received search
argument”

See ‘969 (1)

See ‘969 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“communications link”

See ‘245 (1)

See ‘245 (1)

“search result[s]”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

5

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
portion of a display of
the data processing
device; and displaying
the at least one
advertisement in a
second display portion
of the display of the
data processing device.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“display[ing] in the
[first/second] display
portion of a display of
the data processing
device”

See ’183 (1)

See ’183 (1)

Display[ed/ing]

[Agreed]

[Agreed]

10. The method of claim
9, wherein the at least
one advertisement
includes a link to a
website sponsoring the
advertisement.

“advertisement”/
“particular
advertisement”
“link to a website”

See ‘969 (1)

See ‘969 (1)

[Agreed]

[Agreed]

11. The method of claim
9, wherein the search
results and the at least
one advertisement are
included in a web page
received from the
advertising machine via
the communications
link.

“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)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“communications link”

See ‘245 (1)

See ‘245 (1)

“user preference data”/ See ’245 (1)
“preference data for

See ’245 (1)

Court’s Construction

12. The method of claim
9, further comprising

6

Show[n/ing] visually

a hyperlink to a website

Asserted Claims
Terms for
(Disputed terms in
Construction
bold)
transmitting user
the user” / [creating]
preference data to the
user preference data”
advertising machine via
the communications
“user”
interface.
“advertising machine”

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

13. The method of claim
9, further comprising:
determining, via
communication with the
data processing device
that the user does not
select the at least one
advertisement; and
using the determination
that the user does not
select the at least one
advertisement in
subsequent
advertisement selection
operations.

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

See ‘969 (6)

“user”

See ‘969 (1)

See ‘969 (1)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

“subsequent
advertisement selection
operations”

See ’183 (8)

See ’183 (8)

14. An advertising
machine implemented on
at least one computer
and operable to provide
advertisements via a
communications link to a
data processing device of

“communications
interface”

See ’245 (9)

See ’245 (9)

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

See ‘969 (6)

7

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
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
advertisement database
based upon at least one
of the search argument
and the search results;
and the advertising
machine operable to

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“user”

See ‘969 (1)

See ‘969 (1)

“communications link”

See ‘245 (1)

See ‘245 (1)

“database search
engine”

See ’969 (17)

See ’969 (17)

“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)

8

Court’s Construction

Asserted Claims
(Disputed terms in
bold)
transmit the search
results together with the
at least one
advertisement via the
communications link to
the data processing
device in a web page
data format that causes
the data processing
device to display the
search results in a first
display portion of a
display of the data
processing device and
to display the at least
one advertisement in a
second display portion
of the display of the
data processing device.

15. The advertising
machine of claim 14,
wherein the at least one
advertisement includes
a link to a website
sponsoring the
advertisement.

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

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

See ‘969 (1)

See ‘969 (1)

See ‘969 (17)

See ‘969 (17)

“web page data
format”

See ’183 (1)

See ’183 (1)

Display[ed/ing]

[Agreed]

[Agreed]

“display[ing] in the
[first/second] display
portion of a display of
the data processing
device”

See ’183 (1)

See ’183 (1)

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“advertisement”/
“particular
advertisement”

See ‘969 (1)

See ‘969 (1)

Court’s Construction

9

Show[n/ing] visually

Asserted Claims
(Disputed terms in
bold)

Terms for
Construction

Rockstar’s Proposed
Construction

Google’s Proposed
Construction

“link to a website”

18. The advertising
machine of claim 14,
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.

[Agreed]

[Agreed]

“advertising machine”

See ‘969 (17)

See ‘969 (17)

“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)

Court’s Construction

See ‘970 (14)

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

20. The advertising
“advertising machine”
machine of claim 14,
wherein the advertising
“user”
machine is further
operable to compile user
profile data for the user “[the] user profile
based upon at least the
data”
search term.
“compil[e|ing] user
profile data”

a hyperlink to a website

See ‘969 (6)
See ‘245 (1)

See ‘969 (17)

See ‘969 (17)

See ‘969 (1)

See ‘969 (1)

See ‘969 (2)

See ‘969 (2)

[Agreed]

[Agreed]

10

collect user profile data