Rockstar Consortium US LP et al v. Google Inc

Filing 209

Unopposed MOTION for Issuance of Letters Rogatory to Edouard Gueyffier by Google Inc. (Attachments: # 1 Exhibit A, # 2 Affidavit Declaration of Michelle Ernst, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Text of Proposed Order)(Perlson, David)

EXHIBIT 8

US007895183B2
O

(12) Ulllted States Patent

(10) Patent N0.:

Skillen et al.
(54)

US 7,895,183 B2

(45) Date of Patent:

ASSOCIATIVE SEARCH ENGINE

Feb. 22, 2011

5,794,210 A
6,119,101 A

8/1998 Goldhaber et al.
9/2000 Peckover

(75) Inventors: Richard Prescott Skillen, Mississauga

6,243,375 B1

6/2001 speicher

(CA); Frederick Caldwell Livermore,

6,253,188 B1

6/2001 Wltek et 31'

Stinsville (CA)
(73)

OTHER PUBLICATIONS

Assignee: Nortel Networks Corporation,

Interview in ClickZ with Glenn Fleishman Sep. 19, 1997.*

Montreal (CA)

( >x< )

Notice:

Subject to any disclaimer, the term ofthis
patent is extended or adjusted under 35
U S C 154(1)) b 842 da S
'

'

'

y

ParaSite: Mining Structural Information on the Web Ellen Spertus,
Apr. 1997.*
An agent-based search engine based on the Internet search service on

meCOR3A’Y‘1e'ShmF3hmg’Hsm'ehmmmh’shyan'MmgYuan’
Lo, W.; Distributed Objects and Applications, 1999. Proceedings of

y '

the International Symposium on; PublicationYear: 1999 , pp. 26-33.*

_

A meta-search method reinforced by cluster descriptors; Yipeng

(21)

Appl' No" 11/767563

Shen; Dik Lun Lee; Web Information Systems Engineering, 2001.

(22)

F1 d

Proceedings of the Second International Conference on vol. 1; Pub

J

16 1

25 2007
‘In’

1

_

(65)

_

licationYear: 2001 ,pp. 125-132 vol. 1.*
Distributed information retrieval by using cooperative meta search

_

Prlor Pubhcatlon Data
US 2007/0244873 A1

engines; Sato, N.; Uehara, M.; Sakai,Y.; Mori, H.; Distributed Com
puting Systems Workshop, 2001 International Conference on; Pub
licationYear: 2001 ,pp‘ 3451350,,

Oct. 18, 2007

Related US. Application Data

* cited by examiner

(63) Continuation of application No. 09/351,747, ?led on
Jul. 8, 1999, now Pat. No. 7,236,969, which is a con

tinuation of application No. 08/798,747, ?led on Feb.
13, 1997, now Pat. No. 6,098,065.

Primary ExamineriDaVidY Jung
(74) Attorney, Agent, or FirmiGarlick Harrison &
Markison; Bruce E. Garlick

(57)

(51)
(52)
(58)

US. Cl. ...................... .. 707/707; 707/706; 707/708

ABSTRACT

Int. Cl.

G06F 7/00

(2006.01)

Field of Classi?cation Search ..................... .. None

See application ?le for complete search history.

(56)

sponding to the desired information and searches, based upon
the received search argument, a ?rst database having data
network related information to generate search results. It also
correlating the received search argument to a particular adver

References Clted
U_S_ PATENT DOCUMENTS
5283731 A

2’;
,

i

2/1994 Lalonde et a1~

1;;

tisement in a second database having advertisement related

glee}? 31'

,

This invention relates to an advertisement machine which
provides advertisements to a user searching for desired infor
mation within a data network. The machine receives, from a
user, a search request including a search argument corre

information. The search results together with the particular

irsc

.

5,724,521 A

3/1998 Dedrick

5,745,882 A

5/1998 Kirsch

_

4/1998 BiXler et al.

5,751,956 A

_

advertisement are provided by the machine to the user.

21 Claims, 2 Drawing Sheets

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US 7,895,183 B2
1

2

ASSOCIATIVE SEARCH ENGINE

According to a third broad aspect, the invention provides a
system for providing advertisements to a user searching for
desired information Within a data netWork, comprising;
means for receiving, from the user, a search request including
a search argument corresponding to the desired information;
means for searching, based upon the received search argu
ment, a ?rst database having data netWork related information
to generate search results; means for correlating the received
search argument to a particular advertisement in a second

CROSS-REFERENCES TO RELATED
APPLICATIONS

The present application is a continuation of US. Utility
application Ser. No. 09/351,747, ?led Jul. 8, 1999, Which is a
continuation of US. Utility application Ser. No. 08/798,747,
?led Feb. 13, 1997, issued as US. Pat. No. 6,098,065, all of
Which are hereby incorporated herein by reference in their

database having advertisement related information; and

entirety.

means for providing the search results together With the par
ticular advertisement to the user.

BACKGROUND OF THE INVENTION

According to a fourth broad aspect, the invention provides
a system for searching for desired information Within a data
netWork, comprising: means for receiving, from a user, a

The invention generally relates to search engines and, in
particular, to an associative search methodology, based on a

search request including a search argument corresponding to
the desired information; means for searching, based upon the
received search argument and user pro?le data, a database of

contextual search engine, for retrieving related information.
The Internet provides an excellent vehicle for access to

information about goods and services on a global basis. In
theory, anyone can access information about any product. In

20

practice, the problem is one of ?nding the correct informa

information to generate a search result; and means for pro
viding the search results to the user.

Conventional search engines, for example OpenText, pro

tion. Many techniques for solving this problem are knoWn,
including: indexing systems such as Yahoo, graphical elec

vide a basis on Which the methodology according to this

searching and retrieving information, in their present form,

invention may be implemented. In a particular embodiment,
the invention is manifested by an advertising system includ
ing an associative search engine that may be tied into and
form an integral part of the conventional search engine. When

can inundate the user With large amounts of unWanted mate

an end user accesses the conventional search engine, the

rial.

associative engine of the selling system examines the user’s
choices and search instructions, that have been input by the

tronic malls, hall of malls, directories, and text search
engines, such as Open text. These techniques and tools for

25

This later problem can be alleviated someWhat by enabling

the user to provide search statements as a set of criteria Which 30 user, and formulates the necessary strategy and tactics to offer

are combined With logical operators, such as ‘AND’, ‘OR’

products that Would appeal to the end user based on his/her

and ‘NOT’ operators. However, many problems still exist

inputs an choices up until that point in the search. Since the
process is dynamic the strategy and tactics can be continually

With this. One of them is that the user is left to his/her oWn

imagination to try to think of all the alternative descriptions
(i.e. keywords) of a product or service. As search engines and

35

techniques become ever more poWerful in the number and
diversity of databases they can access, the amount of infor
mation Which it is possible to present to a user can quickly

database. This effectively provides unobtrusive, related and

become excessively large. The problem or opportunity still
remains to quickly ?nd the relevant information for Which the
user is looking.

re?ned and the results presented to the end user in a predictive
order and fashion that relates to that end user’s past prefer
ences (either for the immediate search underWay or including
all prior search data stored for that user) and a contextual

40

useful data and options to the end user Who is searching for
information. The processor used for the advertising and sell
ing mechanism can be a part of or interconnected With the

search engine.
SUMMARY OF THE INVENTION

It is an object of the present invention to provide a neW and

45

improved associative search methodology for retrieving
related information.
The invention, therefore, according to a ?rst broad aspect

manufacturers recommended tire types and options may be
considered as sort criteria provided Within a contextual data
base. Another example relates to When airline reservations are

provides 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 ?rst database having data netWork related
information to generate search results; correlating the

Some examples Will illustrate hoW this invention can have
high value to an end user. An end user’s pro?le data may
contain such information as the make, model and year of
automobile he/ she oWns or leases. When tires are needed, the

50

being sought. All of a person’s preferences, Which today are
normally sorted one by one through a travel agent, could be

utiliZed by the advertising and selling mechanism to provide
the informed response.
In addition to the search criterion, as users interacts With
55

the advertising system, it Will continue to compile preference

received search argument to a particular advertisement in a

data (e. g. a list of keyWords) for eachuser. All preferences, for

second database having advertisement related information,
and providing the search results together With the particular
60

example, can be left in a type of default mode or even pre
sented to the user for him/her to edit and re-prioritiZe in order
to look for diversity or alternatives. The system can detect
exceptions and contradictions so that the end user can be

advertisement to the user.

According to a second broad aspect, the invention provides

shoWn immediately that some of the options Would violate
natural tendencies.
Some of the search patterns or preferences Will be keyed off

a method of searching for desired information Within a data
netWork comprising the steps of: receiving, from a user, a

search request including a search argument corresponding to
the desired information; searching, based upon the received
search argument and user pro?le data, a database of informa
tion to generate a search result; and providing the search
results to the user.

65

of natural interests also such as: social, family, political, tech
nological, geographical, environmental, educational and so
on. Once these preferences are knoWn, then an advertisement

or a proposed customiZed product brochure can be prepared.

US 7,895,183 B2
3

4

This invention is also enhanced by advances in technology
occurring in the emerging ubiquitous data World, such as neW
softWare languages. One example is “Java”. Java is an envi

personal computer (PC) or Macintosh executing an appropri
ate broWser application, such as, Netscape Navigator Which

ronment that can be exported to an end users platform to run

the Internet. Functionality provided by the advertising

an application Which may include graphics, moving demon

machine 10 may be implemented using an appropriately pro
grammed conventional data processing server platform.

functions as an interface to the World Wide Web (WWW) of

strations, cartoon like explanations or even video. The Java
like environment could be used to customiZe With more than
name, it can be used to customiZe With detailed examples.

The advertising machine 1 0, in this particular embodiment,
comprises a database search engine 16 and an associative
search engine 18 Which may access a database 20 having
contextual data 22 and product data 24. The database search

One other opportunity presented to service providers is the
potential to create neW and better Ways to improve the envi
ronment presented to end users of various classes by remem
bering What Was effective for a sale to occur. In this Way, key
elements of a presentation or search that have higher success
can be put into a higher priority or category for furtheruse and
therefore more rapid development through even more intense
feedback due to subsequent use.
While this invention can be integrated With traditional
Internet search engines (such as Yahoo or Lycos), full advan
tage can be obtained by integrating the invention With an
Internet Access provider. An Internet Access Provider can

engine 18 is conventional technology, an example of Which is
the OpenText engine that provides searches based on subject,
strings, boolean, text, etc. Such input search arguments may
be received from an end user via the data processing device 12

and data link 14 and, accordingly, the database search engine
16 effects a search of the contextual data 22 in the database 20
and returns results of the search to the end user, as a page

20

maintain a more complete user database. Customers are local

iZed, so individual databases Will contain feWer users. This
alloWs more database space to be allocated to each user. In
addition, more detailed information can be maintained, such

as geographical location, type of home computer system, and
any additional information the user may choose to provide to
the Internet Access Provider.
It is anticipated that the Java environment Will develop so
that it too Will learn and adapt. As a user continues to stop
presentations at certain points, scan, re-scan, look for further
input at certain points, abort a negotiation and so on at certain

25

30

2) The search engine 16, having carried out a traditional
40

45

BRIEF DESCRIPTION OF THE DRAWINGS

50

ing to the end user.

4) The end user re?nes his or her search by either clicking
on a displayed result or re?ning their search through addi
tional arguments or search criteria.

5) The associative search engine 18 and the database search
engine 16 again Work together in providing re?ned data as in

DETAILED DESCRIPTION

(2) above. In the case of the end user clicking on (i.e., select

Referring to FIG. 1, shoWn is an advertising machine,
60

device 12 and a communications link 14 through Which the
device 12 interacts With the advertising machine 10. The

ing) a speci?c search result, the associative search engine 18
further re?nes its logical tree strategy and selects the probable
best ?t product and generates an advertisement.
6) The end user search results advertisement WindoW is
continually updated on each selection or re?nement using a

communications link 14 may be provided by a global data

netWork, typically the Internet, and the data processing device
supporting functionality for communications over the Inter
net. Examples of the data processing device 12 include a

results of the search against the given argument together With
the initial product advertisement to the device 12 for display

55

12 may be any conventional hardWare/softWare combination

search of Internet related information in the contextual data
22, passes the argument and results of the its search to the
associative search engine 18 Which then looks for a match in
the product data 24 of the database 20. The associative search
engine 18 may determine a logical product ?t to the initial
search argument, or it may create a logical tree analysis of

possible product ?ts and selects a probable best product for an
advertisement WindoW to be displayed With the search results.
3) The associative engine 18 passes the data of the selected
product to the search engine 16 Which in turn provides the

machine in combination With an Internet Access Service pro

generally referenced by 10, together With a data processing

user at the device 12 accesses the advertising machine 10 is as

follows.
1) The end user device 12 sends a search request outlining
the search argument to the database search engine 16.

or disabilities.

vider.

available data 24 and then provides an advertisement insert
that is added to the end user’s search page, in an attempt to
present the end user With the product that is closest to the need

In operation, for example, the process effected When an end
35

tunities due to different personal proclivities, strengths, skills

The invention Will be better understood from the folloWing
detailed description of an advertising machine together With
reference to the accompanying draWings, in Which:
FIG. 1 is a schematic representation of the advertising
machine including an associative search engine; and
FIG. 2 is a schematic representation of the advertising

correlate a search argument derived from the user and

changes in the argument during a single session, to particular
product data Within the product database 24. The associative
search engine 18 selects the most logical product from its

selling machine 10.

product or service offerings.
It is also recognized that these techniques may be applied to
an educational environment Where, for example, a student
may be able to have an environment that is aurally enhanced,
another one that is visually enhanced, another one that is
textually enhanced and yet another that is anecdotally as
opposed to logically enhanced. There are many other oppor

keyWords associated With respective WWW site locations.
The associative search engine 18, in accordance With the
present invention, may contain rule based softWare algo
rithms or non-precise techniques, such as, fuZZy logic that can

as determined by the associative search engine 18 of the

points, then such points or logic routines could be avoided or
alternatives considered. The present invention proposes such
a dynamic and relational preferences methodology in order to
more rapidly and more effectively couple a user’ s needs With

displayed on the device 12. The contextual database typically
contains information relating to the Internet, for instance,

65

technology such as Java providing the end user With a con

tinually updated product advertisement that is considered to
be most relevant (best ?t) at that point in the search. In

US 7,895,183 B2
6

5
addition, failure of the end user to click on the advertisement

2) The search engine 44 passes the argument and results of

is used as a, criterion in the logical tree in providing the

its search in database 46 to the associative search engine 40
Which looks for a match in the product database 42 determin

appropriate advertisement.

ing a logical product ?t to the initial search argument. The
associative search engine 40 creates a logical tree analysis of
possible product ?ts, and selects or creates a probable best
product advertisement for the advertisement WindoW on the
search results. In this case, the associative search engine 40

7) Once the end user clicks on (selects) the advertisement
displayed on the device 12, an appropriate message is sent to

the advertising machine 10 and, in particular, to the associa
tive search engine 18 Which may automatically connect the
end user to the seller of the product, for instance, by forWard
ing the broWser of the end user device 12 to the WWW site

also can utiliZe the maintained pro?le on the end user from

address of the seller. In the product data 24 for this speller, the
associative search engine may record that this transaction
occurred, in order that a toll for bringing a buyer and seller
together may be extracted.

past search sessions and/or historical data gathered on their

buying habits, in the product selection processing. The asso
ciative search engine correlates the user’s identity to data in
the user pro?le database 48 Which it maintains and updates
With data (e. g., search argument received With search request)

Moreover, user pro?le data may be maintained on end user

device 12 and accessed by the associative search engine 18.
The pro?le data contains, for example, end user preferences

from the current search session.

and previous search arguments Which may be used to aug
ment the individual search arguments received With the
search request to select a best ?t product advertisement. The

results of the search against the given argument including the

associative search engine 18 retrieves and updates the pro?le
data on the device 12, using appropriate messages exchanged

3) The search engine 44 provides the end user With the
initial product advertisement from the associative search
engine 40. The results and advertisement are displayed by end
20 user device 12.

4) The end user re?nes his/her search by either clicking on
a result, or re?ning their search through additional arguments

over the communications link 14. For example, the search
arguments from the current search session may be added to
the user pro?le data.

Turning to the system illustrated in FIG. 2, the advertising
machine 30 (similar to the machine 10 in FIG. 1) is integrated

or search criteria.
25

as part of the functionality embodied at an Internet access

provider equipment site 32 Which typically includes a tele
phone netWork terminating equipment 34, a router 36 through
Which TCP/IP packets are transmitted to and received from
the Internet, and a server 38 Which in general controls opera

30

tion and couples data calls terminated by equipment 34 to
router 36. The link 39 represents a data call established

through the telephone netWork to the access provider site 32.
The associative search engine 40 of machine 30 contains

5) The associative search engine 40 and the database search
engine 44 again Work together in providing re?ned data as in
(2) above. In the case, of the end user clicking on (selecting)
a speci?c search result the associative search engine 40 fur
ther re?nes its logical tree strategy and selects the probable
best ?t product and generates an advertisement.
6) The end user device 12 search results advertisement
WindoW is continually updated on each selection or re?ne
ment using a technology such as Java, providing the end user
With a continually updated product advertisement that is con
sidered to be mo st relevant (best ?t) at that point in the search.

softWare algorithms or non-precise techniques, such as, fuZZy

In addition, failure of the end user to click on the advertise
ment is used as a criterion in the logical tree in providing the

logic that correlates a search argument derived from the user

appropriate advertisement. The access provider’s home page

and changes in the argument during a single session With the
product database 42 Whereby the most logical product from

ment constructed from the end user’s pro?le data (e. g.,

its available list may be selected. It then provides an adver
tisement insert that is added to the enduser’s search page in an
attempt to offer the end user With the product that is closest to

35

sent to the end user can also contain a specialiZed advertise
40

searches and/or buying habits).

45

associative search engine 40 of the selling machine 30 takes
control and connects the potential buyer to the WWW site of
the seller of the product, thereby exacting a toll for the trans
action of bringing a buyer and seller together.
Those skilled in the art Will recogniZe that various modi?
cations and changes could be made to the invention Without
departing from the spirit and scope thereof. It should there

7) Once the end user is led to click on the advertisement, the

the need as determined by the associative search engine 40.

The access provider site 32, incorporating the advertising
machine 30, is the sole channel available to the end user for
accessing the Internet. When an end user carries out a search

using the search engine 44 and clicks on (selects) a speci?c
result or chooses an alternate information site address, the

information is passed to the associative search engine 40 of
that access provider 32. Thus, not only the page With the
search results but also the home page of the access provider
can be updated With the appropriate advertisement Which is

fore be understood that the claims are not to be considered as
50

directed to each embodiment.
The invention claimed is:

selected by the associative search engine 40 from the product
database 42. In addition, since the data processing device 12
of the end user is connected through the access provider site
32 for all destinations Within the Internet, a comprehensive
user pro?le database 48 may be maintained by the associative

1. A method for operating an advertising machine imple
55

mented 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 commu

search engine 40, about the end users preferences and previ
ous search arguments Which may be used to augment the

individual search argument received With the search request

being limited to the precise embodiments of the selling
machine set forth above, in the absence of speci?c limitations

nications link a search request that includes a search
60

argument;

to select a best ?t product advertisement.
In operation, for example, the process effected When an end

searching at least one database using the search argument

user at the device 12 accesses the Internet through access

selecting at least one advertisement from an advertisement
database based upon at least one of the search argument

provider site 32 is as follows.
1) The end users access the search engine 44, provided as a
basic service by the access provider, and requests a search

outlining the search argument.

to produce search results;
65

and the search results; and
transmitting the search results together With the at least one
advertisement via the communications link to the data

US 7,895,183 B2
8

7

13. The method of claim 9, further comprising:
determining, via communication With the data processing

processing device in a Web page data format that causes

the data processing device to display the search results in
a ?rst display portion of a display of the data processing

device that the user does not select the at least one

device and to display the at least one advertisement in a

second display portion of the display of the data process

advertisement; and
01

ing device.

selection operations.

2. The method of claim 1, Wherein the at least one adver
tisement includes a link to a Website sponsoring the adver

14. An advertising machine implemented on at least one
computer and operable to provide advertisements via a com
munications link to a data processing device of a user, the

tisement.
3. The method of claim 1, further comprising updating an

advertising machine comprising:

access provider Web page to include the at least one adver

a communications interface operable to interface With the
data processing device of the user via the communica

tisement.
4. The method of claim 1, further comprising updating a
home Web page to include the at least one advertisement.

using the determination that the user does not select the at
least one advertisement in subsequent advertisement

tions link;
5

5. The method of claim 1, Wherein the search results and

a database search engine operable to:
receive from the data processing device via the commu

the at least one advertisement are included in a Web page

transmitted to the data processing device via the communi
cations link.
6. The method of claim 1, Wherein the at least one computer

nications link a search request that includes a search

argument; and
search at least one database using the search argument to

produce search results;

20

is operated by a search engine provider.
7. The method of claim 1, further comprising compiling

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

user pro?le data for the user based upon at least the search

results; and

term.

8. The method of claim 1, further comprising:
determining, via communication With the data processing

25

results together With the at least one advertisement via
the communications link to the data processing device in

device that the user does not select the at least one

a Web page data format that causes the data processing

advertisement; and
using the determination that the user does not select the at
least one advertisement in subsequent advertisement

30

portion of the display of the data processing device.

9. A method for operating a data processing device of a user

15. The advertising machine of claim 14, Wherein the at

to receive advertisements via a communications link from an

least one advertisement includes a link to a Website sponsor
35

the method comprising:

40

18. The advertising machine of claim 14, Wherein the

receiving search results and at least one advertisement via

search results and the at least one advertisement are included

the communications link from the advertising machine,

argument;

45

advertising machine forms at least a portion of a search

display of the data processing device; and

engine.

displaying the at least one advertisement in a second dis

10. The method of claim 9, Wherein the at least one adver
tisement includes a link to a Website sponsoring the adver

tisement.
11. The method of claim 9, Wherein the search results and

in a Web page transmitted to the data processing device via the
communications link.

19. The advertising machine of claim 14, Wherein the

displaying the search results in a ?rst display portion of a

play portion of the display of the data processing device.

17. The advertising machine of claim 14, Wherein the
advertising machine is further operable to update a home Web
page to include the at least one advertisement.

argument;
the at least one advertisement relating to the search

ing the advertisement.
16. The advertising machine of claim 14, Wherein the
advertising machine is further operable to update an access
provider Web page to include the at least one advertisement.

based upon interaction With the user, creating a search
request that includes a search argument;

transmitting to the advertising machine via the communi
cations link the search request that includes the search

device to display the search results in a ?rst display
portion of a display of the data processing device and to
display the at least one advertisement in a second display

selection operations.
advertising machine implemented on at least one computer,

the advertising machine operable to transmit the search

50

20. The advertising machine of claim 14, Wherein the
advertising machine is further operable to compile user pro
?le data for the user based upon at least the search term.

21. The advertising machine of claim 14, Wherein the
advertising machine is further operable to:
determine, via communication With the data processing

the at least one advertisement are included in a Web page

device that the user does not select the at least one

received from the advertising machine via the communica
tions link.
12. The method of claim 9, further comprising transmitting

advertisement; and

user preference data to the advertising machine via the com
munications interface.

use the determination that the user does not select the at

least one advertisement in subsequent advertisement

selection operations.
*

*

*

*

*