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 3

US006098065A

United States Patent

[191

[111

Skillen et al.

[451

[54] ASSOCIATIVE SEARCH ENGINE

[75] Inventors: Richard Prescott Skillen, Mississauga;
Frederick Caldwell Livermore,
Stittsville, both of Canada

Patent Number:
Date of Patent:

6,098,065
Aug. 1, 2000

Schreiber, EA. et a1., “Dynamic User Pro?les and Flexible
Queries in Of?ce Document Retrieval Systems”, Decision
Support Systems, Jan. 1, 1989, vol. 5, No. 1, pp. 13—28.

Database Inspec. No. 5374275, Institute of Electrical Engi
neers, Stevenage, GB, XP002062388, Kohda, Y. et al., “A

[73] Assignee: Nortel Networks Corporation,

NeW Advertising Business Framework in the 1:1 Market
ing”, see abstract and Transactions of the Information Pro

Montreal, Canada

cessing Society of Japan, Inf. Process. Soc. Japan, Japan,

[21] Appl. No.: 08/798,747

Jun. 1996, vol. 37, No. 6, ISSN 0387—5806, pp. 1235—1236.

[22]

Database Inspec. No. 5371096, Institute of Electrical Engi
neers, Stevenage, GB, XP002062389, Yager, R.R., “Intelli

Filed:

Feb. 13, 1997

[51]

Int. Cl.7 .................................................... .. G06F 17/30

[52]
[58]

US. Cl. ....................... .. 707/3; 707/5; 707/6; 707/10
Field of Search ................................ .. 707/3, 5, 6, 10;

395/20048
[56]

References Cited

gent Agents on the World Wide Web”, see abstract and 1996

Workshop on “Flexible Query—AnsWering Systems”, Rosk

ilde, Denmark, May 22—24 1996 and Datalogiske Skrifter,
1996, Univ. Roskilde, Denmark, No. 62, ISSN 0109—9779,
pp‘ 289_306'

U.S. PATENT DOCUMENTS

(List continued on neXt page.)

5,682,525

10/1997 Bouve et a1. ......................... .. 707/104

5,694,594

12/1997

Chang

... ... ... ..

. . . . . . ..

707/6

5,721,827

2/1998 Logan et a1. ..

395/20047

5,721,903
5,727,129

2/1998 Anand 618.1.
3/1998 Barrett et a1.

......... .. 707/5
....... .. 706/10

5,732,216
5,740,549

3/1998 Logan 618.1. ..

.. 395/20033

5,778,362

7/1998

4/1998 Riley 618.1.

Primary Examiner—Paul R. LintZ
Attorney, Agent, or Firm—Vernon E. Williams
ABSTRACT

[571

.. 705/14

European Pat. Off. .

This invention relates to an advertisment machine Which
provides advertisements to a user searching for desired
information Within a data netWork. The machine receives,
from the user, a search request including a search argument

OTHER PUBLICATIONS

based upon the received search argument, a ?rst database

Anonymous, “Internet Access: Internet Marketing Revolu
tion Begins in the US This Sep. Hyper System Promises

having data netWork related information to generate search

NeW Cash FloW For Providers, Free Access For Users & A

particular advertisement in a second database having adver
tisement related information. The search results together
With the particular advertisement are provided by the

Deerwester ............................... .. 707/5

FOREIGN PATENT DOCUMENTS
0 749 081

12/1996

corresponding to the desired information and searches,

NeW Marketing Opportunity For Businesses”, EDGE:
Work—Group Computing Report, vol. 7, Jun. 1996.
Anonymous, Make Sure Search Engines Find Your Site,
Options include buying Words, advertising and careful page
design, PR NeWs, vol. 52, No. 19, May 6, 1996, 515 Words.

results. It also correlates the received search argument to a

machine to the user.

1 Claim, 2 Drawing Sheets

ACCESS PROVIDER EQUIPMENT SITE

32

TO INTERNET

\

3e

CONTEXTUAL
DATABASE

ROUTER

\_.
39
END USER

I

TERMINAG EQUIPMNT

PRODUCT
DATABASE

DATABASE

SERVER

38

=

AssocIATIvE

SEARCH
ENGINE

SEARCH
,

ENGINE

6,098,065
Page 2
OTHER PUBLICATIONS

Database Inspec. No. 5306185, Institute of Electrical Engi
neers, Stevenage, GB, XP002062390, Kohda, Y. et al.,
“Ubiquitous Advertising on the WWW: Merging Advertise
rnent on the Browser”, see abstract and Fifth International

World Wide Web Conference, Paris, France, May 6—10,
1996 and Computer Networks and ISDN Systems, Elsevier,
Netherlands, May 1996, vol. 28, No. 7—11, ISSN

“Integration of User Pro?les: Models and Experiments in
Information Retrieval”, see abstract and Information Pro

cessing & Management, vol. 26, No. 6, ISSN 0306—4573,
1990, pp. 719—738.
Database Inspec. No. 2221234, Institute of Electrical Engi
neers, Stevenage, GB, XP002062392, Chavarria, GarZa H.,
“Information Retrieval Models Using Queries and User
Pro?les”, see abstract and Tercera Conferencia Internacional

en Ciencia de la Cornputacion (3rd International Conference

0169—7552, pp. 1493—1499.
Database Inspec. No. 3814556, Institute of Electrical Engi

on Computer Science) Santigo, Chile, Jun. 20—24, 1983 and
Ponti?cia Univ. Catolica de Chile, Santiago, Chile, 1983,

neers, Stevenage, GB, XP002062391, Myaeng, S.H. et al.,

pp. 113—130.

U.S. Patent

Aug. 1,2000

Sheet 2 of2

6,098,065

6,098,065
1

2

ASSOCIATIVE SEARCH ENGINE

and means for providing the search results together With the
particular advertisement to the user.

According to a fourth broad aspect, the invention provides

BACKGROUND OF THE INVENTION

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
The Internet provides an excellent vehicle for access to

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 data

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

base of information to generate a search result; and means
for providing the search results to the user.

contextual search engine, for retrieving related information.

10

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

Conventional search engines, for example OpenText, pro
vide a basis on Which the methodology according to this

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

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.

can inundate the user With large amounts of unWanted

When an end user accesses the conventional search engine,

material.
This later problem can be alleviated someWhat by

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

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

15

enabling the user to provide search statements as a set of

to offer products that Would appeal to the end user based on

criteria Which are combined With logical operators, such as

his/her inputs and choices up until that point in the search.

‘AND’, ‘OR’ and ‘NOT’ operators. HoWever, many prob
lems still exist With this. One of them is that the user is left
to his/her oWn imagination to try to think of all the alter

native descriptions (i.e. keywords) of a product or service.

25

As search engines and techniques become ever more poW
erful in the number and diversity of databases they can
access, the amount of information Which it is possible to
present to a user can quickly become excessively large. The

Since the process is dynamic the strategy and tactics can be
continually re?ned and the results presented to the end user
in a predictive order and fashion that relates to that end

user’s past preferences (either for the immediate search
underWay or including all prior search data stored for that
user) and a contextual database. This effectively provides
unobtrusive, related and useful data and options to the end

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

user Who is searching for information. The processor used
for the advertising and selling mechanism can be a part of or

SUMMARY OF THE INVENTION

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,

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

and improved associative search methodology for retrieving

interconnected With the search engine.

35

related information.
The invention, therefore, according to a ?rst broad aspect

the manufacturers recommended tire types and options may
be considered as sort criteria provided Within a contextual
database. Another example relates to When airline reserva

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

tions are 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 interact With
45

received search argument to a particular advertisement in a

ence data (eg a list of keyWords) for each user. All
preferences, for example, can be left in a type of default

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

mode or even presented to the user for him/her to edit and

advertisement to the user.

re-prioritiZe in order to look for diversity or alternatives. The
system can detect exceptions and contradictions so that the
end user can be shoWn immediately that some of the options
Would violate natural tendencies.

According to a second broad aspect, the invention pro
vides a method of searching for desired information Within
a data netWork, comprising the steps of: receiving, from a

Some of the search patterns or preferences Will be keyed
off of natural interests also such as: social, family, political,

user, a search request including a search argument corre

sponding to the desired information; searching, based upon
the received search argument and user pro?le data, a data
base of information to generate a search result; and provid
ing the search results to the user.
According to a third broad aspect, the invention provides

the advertising system, it Will continue to compile prefer

55

technological, geographical, environmental, educational and
so on. Once these preferences are knoWn, then an adver
tisement or a proposed customiZed product brochure can be

prepared.
This invention is also enhanced by advances in technol

a system for providing advertisements to a user searching for

desired information Within a data netWork, comprising:

ogy occurring in the emerging ubiquitous data World, such

means for receiving, from the user, a search request includ

as neW softWare languages. One example is “Java”. Java is

ing a search argument corresponding to the desired infor
mation; means for searching, based upon the received search
argument, 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 database having advertisement related information;

an environment that can be exported to an end user’s

65

platform to run an application Which may include graphics,
moving demonstrations, 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.

6,098,065
4

3
One other opportunity presented to service providers is

associative search engine 18 Which may access a database

the potential to create neW and better Ways to improve the
environment presented to end users of various classes by

20 having contextual data 22 and product data 24. The
database search engine 16 is conventional technology, an

remembering What Was effective for a sale to occur. In this

example of Which is the OpenText engine that provides

Way, key elements of a presentation or search that have
higher success can be put into a higher priority or category
for further use and therefore more rapid development

input search arguments may be received from an end user

searches based on subject, strings, boolean, text, etc. Such

via the data processing device 12 and data link 14 and,
accordingly, the database search engine 16 effects a search

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
advantage can be obtained by integrating the invention With

of the contextual data 22 in the database 20 and returns
10

results of the search to the end user, as a page displayed on

the device 12. The contextual database typically contains

information relating to the Internet, for instance, keyWords
an Internet Access Provider. An Internet Access Provider can
associated With respective WWW site locations.
maintain a more complete user database. Customers are
The associative search engine 18, in accordance With the
localiZed, so individual databases Will contain feWer users.
This alloWs more database space to be allocated to each user. 15 present invention, may contain rule based softWare algo
rithms or non-precise techniques, such as, fuZZy logic that

In addition, more detailed information can be maintained,

can correlate a search argument derived from the user and

such as geographical location, type of home computer

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

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

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

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 points, then such points or logic routines could be
avoided or alternatives considered. The present invention

25

In operation, for example, the process effected When an

proposes such a dynamic and relational preferences meth
odology in order to more rapidly and more effectively couple
a user’s needs With product or service offerings.

end 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.

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

2) The search engine 16, having carried out a traditional
search of Internet related information in the contextual

data 22, passes the argument and results of the its search

textually enhanced and yet another that is anecdotally as
opposed to logically enhanced. There are many other oppor

tunities due to different personal proclivities, strengths,

35

skills or disabilities.

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

BRIEF DESCRIPTION OF THE DRAWINGS

a probable best product for an advertisement WindoW to

The invention Will be better understood from the folloW

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

ing 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

need as determined by the associative search engine 18 of
the selling machine 10.

results of the search against the given argument together
With the initial product advertisement to the device 12 for
45

machine in combination With an Internet Access Service

displaying 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

provider.

additional arguments or search criteria.

DETAILED DESCRIPTION

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

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

generally referenced by 10, together With a data processing

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

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

selecting) 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

communications link 14 may be provided by a global data

netWork, typically the Internet, and the data processing

55

device 12 may be any conventional hardWare/softWare com

bination supporting functionality for communications over
the Internet. Examples of the data processing device 12
include a personal computer (PC) or Macintosh executing an

appropriate broWser application, such as, Netscape Naviga
tor Which functions as an interface to the World Wide Web

(WWW) of the Internet. Functionality provided by the
advertising machine 10 may be implemented using an

appropriately programmed conventional data processing

advertisement.
6) The end user search results advertisement WindoW is
continually updated on each selection or re?nement using
a technology such as Java providing the end user With a

continually updated product advertisement that is consid
60

ered to be most relevant (best ?t) at that point in the
search. In addition, failure of the end user to click on the
advertisement is used as a criterion in the logical tree in

providing the appropriate advertisement.

The advertising machine 10, in this particular

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

embodiment, comprises a database search engine 16 and an

associative search engine 18 Which may automatically

server platform.

6,098,065
6

5
connect the end user to the seller of the product, for

argument. The associative search engine 40 creates a

instance, by forwarding the browser of the end user device
12 to the WWW site address of the seller. In the product
data 24 for this seller, the associative search engine may

creates a probable best product advertisement for the

record that this transaction occurred, in order that a toll for

the associative search engine 40 also can utiliZe the
maintained pro?le on the end user from past search

logical tree analysis of possible product ?ts, and selects or
advertisement WindoW on the search results. In this case,

bringing a buyer and seller together may be extracted.

sessions and/or historical data gathered on their buying

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

habits, in the product selection processing. The associa

user device 12 and accessed by the associative search engine

18. The pro?le data contains, for example, end user prefer
ences and previous search arguments Which may be used to
augment the individual search arguments received With the
search request to select a best ?t product advertisement. The

associative search engine 18 retrieves and updates the pro?le
data on the device 12, using appropriate messages
exchanged over the communications link 14. For example,

10

results of the search against the given argument including
15

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

ments or search criteria.

net access provider equipment site 32 Which typically
includes a telephone netWork terminating equipment 34, a

in (2) above. In the case of the end user clicking on

router 36 through Which TCP/IP packets are transmitted to
and received from the Internet, and a server 38 Which in
25

by equipment 34 to router 36. The link 39 represents a data
call established through the telephone netWork to the access

re?nement using a technology such as Java, providing the
end user With a continually updated product advertise
ment that is considered to be most relevant (best ?t) at that
point in the search. In addition, failure of the end user to

The associative search engine 40 of machine 30 contains
softWare algorithms or non-precise techniques, such as,
fuZZy logic that correlates a search argument derived from
the user and changes in the argument during a single session

click on the advertisement is used as a criterion in the

With the product database 42 Whereby the most logical

logical tree in providing the appropriate advertisement.
35

habits).
associative search engine 40 of the selling machine 30
takes control and connects the potential buyer to the

accessing the Internet. When an end user carries out a search

WWW site of the seller of the product, thereby exacting

using the search engine 44 and clicks on (selects) a speci?c

a toll for the transaction of bringing a buyer and seller

result or chooses an alternate information site address, the

together.
45

Those skilled in the art Will recogniZe that various modi
?cations and changes could be made to the invention With
out departing from the spirit and scope thereof. It should
therefore be understood that the claims are not to be con

sidered as being limited to the precise embodiments of the

product database 42. In addition, since the data processing

selling machine set forth above, in the absence of speci?c

device 12 of the end user is connected through the access

limitations directed to each embodiment.
We claim:

provider site 32 for all destinations Within the Internet, a
comprehensive user pro?le database 48 may be maintained
by the associative search engine 40, about the end users

1. A method of searching for desired information Within
a data netWork, comprising the steps of:

preferences and previous search arguments Which may be
55

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 information to generate
a search result; and
providing the search results to the user
Wherein searching the database includes correlating, as a

end user at the device 12 accesses the Internet through
access provider site 32 is as folloWs.
1) The end users access the search engine 44, provided as a

function of a fuZZy logic algorithm, the received search
argument and user pro?le data to particular information
in the database, and providing the particular informa

basic service by the access provider, and request a search

outlining the search argument.
2) The search engine 44 passes the argument and results of
determining a logical product ?t to the initial search

also contain a specialiZed advertisement constructed from

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

machine 30, is the sole channel available to the end user for

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

The access provider’s home page sent to the end user can

the end user’s pro?le data (e.g., searches and/or buying

associative search engine 40.
The access provider site 32, incorporating the advertising

used to augment the individual search argument received
With the search request to select a best ?t product adver
tisement.
In operation, for example, the process effected When an

(selecting) a speci?c search result the associative search
engine 40 further 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

provider site 32.

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
selected by the associative search engine 40 from the

the initial product advertisement from the associative
search engine 40. The results and advertisement are
displayed by end 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 argu

5) The associative search engine 40 and the database search
engine 44 again Work together in providing re?ned data as

integrated as part of the functionality embodied at an Inter

product from its available list may be selected. It then
provides an advertisement insert that is added to the end
user’s search page in an attempt to offer the end user With the
product that is closest to the need as determined by the

updates With data (e.g., search argument received With
search request) from the current search session.
3) The search engine 44 provides the end user With the

the search arguments from the current search session may be
added to the user pro?le data.

general controls operation and couples data calls terminated

tive search engine correlates the user’s identity to data in
the user pro?le database 48 Which it maintains and

65

tion as the search results.