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 5

US007469245B2

(12) United States Patent

(10) Patent N0.:
(45) Date of Patent:

Skillen et al.
(54)

ASSOCIATIVE SEARCH ENGINE

US 7,469,245 B2
Dec. 23, 2008

Cheyne Winterton, HIstory of the Internet,iE-Commerce(1996)
year 2005 .*

(75) Inventors: Richard Prescott Skillen, Mississauga
(CA); Frederick Caldwell Livermore,
Stittsville (CA)

(73) Assignee: Nortel Networks Limited, St. Laurent,

Quebec (CA)
(*)

Notice:

Julia Layton, Howstuffworks, How Amazon Works, year 2008

(printed out).*
Net Industries, Global E-Commerce: North AmericaiEarly History,
year 2008*
Change aware distributed ?le system for a distributed search engine

Uehara, M.; Multimedia and Expo, 2004. ICME ’04. 2004 IEEE
International Conference on vol. 3, 30-30 Jun. 2004 pp. 1511-1514
vol. 3.*

Subject to any disclaimer, the term of this
patent is extended or adjusted under 35

engines Sato, N.; Uehara, M.; Sakai,Y.; Mori, H.; Distributed Com

U.S.C. 154(b) by 0 days.

puting Systems Workshop, 2001 International Conference on Apr.

Distributed information retrieval by using cooperative meta search
16-19, 2001 pp. 345-350.*

(21) App1.N0.: 11/767,650

Overlap Among Major Web Search Engines Spink, A.; Jansen, B.J.;

(22) Filed:

tions, 2006. ITNG 2006. Third International Conference on Apr.
10-12, 2006 pp. 370-374.*

Blakely, C.; Koshman, S.; Information Technology: New Genera

Jun. 25, 2007

(65)

Prior Publication Data
US 2007/0250387 A1

* cited by examiner

Oct. 25, 2007

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

Related US. Application Data

(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.

(51)

Int. Cl.
G06F 7/00

(52)

US. Cl. ........................................... .. 707/3; 707/10

(58)

Field of Classi?cation Search ..

(2006.01)

(57)

ABSTRACT

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

References Cited

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
tisement in a second database having advertisement related

OTHER PUBLICATIONS

information. The search results together with the particular

.......... ..

707/3,

707/ 10

See application ?le for complete search history.
(56)

“Massimo Marchiori”, “The quest for correct information on the

advertisement are provided by the machine to the user.

{Web}: Hyper search engines”, “Computer Networks and ISDN

25 Claims, 2 Drawing Sheets

Systems”, vol. 29, No. 8-13, pp. 1225-1236, year :“1997”.*

ACCESS PROVIDER EQUIPMENT SITE

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END USER

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SEARCH
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>

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US. Patent

Dec. 23, 2008

Sheet 1 of2

US 7,469,245 B2

M

mm

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or

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US 7,469,245 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, now US.
Pat. No. 7,236,969 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

database having advertisement related information; and

herein by reference in their 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 OpenText. 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 7,469,245 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.,

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

communications link 14 may be provided by a global data

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 advertisement.
6) The end user search results advertisement WindoW is
continually updated on each selection or re?nement using a

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 7,469,245 B2
5

6

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.

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

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

product advertisement for the advertisement WindoW on the
search results. In this case, the associative search engine 40

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

past search sessions and/or historical data gathered on their

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

buying habits, in the product selection processing. The asso
ciative search engine correlates the user’s identity to data in

ing 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 record that this transaction
occurred, in order that a toll for bringing a buyer and seller
together may be extracted.

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

results of the search against the given argument including the

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

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

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

user device 12.

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

from the current search session.

3) The search engine 44 provides the end user With the

4) The end user re?nes hisser search by either clicking on
a result, or re?ning their search through additional arguments
or search criteria.
20

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

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

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

tion and couples data calls terminated by equipment 34 to

30

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

searches and/or buying habits).
7) Once the end user is led to click on the advertisement, the

and changes in the argument during a single session With the
product database 42 Whereby the most logical product from
its available list may be selected, It then provides an adver
40

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
45

result or chooses an alternate information site address, the

selected by the associative search engine 40 from the product
database 42. In addition, since the data processing device 12

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 therefore
be understood that the claims are not to be considered as being

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

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

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.
In addition, failure of the end user to click on the advertise
ment is used as a criterion in the logical tree ill providing the
appropriate advertisement. The access provider’s home page
sent to the end user can also contain a specialiZed advertise

logic that correlates a search argument derived from the user

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

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.

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

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

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

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

50

limited to the precise embodiments of the selling machine set
forth above, in the absence of speci?c limitations directed to
each embodiment.
The invention claimed is:
1. A method for operating an advertising machine imple
mented on at least one computer to provide advertisements
via a communications link to a data processing device of a

user, the method comprising:

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

receiving user preference input from the data processing
device via the communications link;
creating user preference data based upon the user prefer
ence input;
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

nications link a search request that includes a search

to select a best ?t product advertisement.

argument;

In operation, for example, the process effected When an
end user at the device 12 accesses the Internet through access 60

searching at least one database using 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

selecting at least one advertisement from an advertisement

outlining the search argument.
2) The search engine 44 passes the argument and results of
its search in database 46 to the associative search engine 40
Which looks for a match in the product database 42 determin

to produce search results;
database relating to the search argument using the user

preference data; and
65

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

processing device.

US 7,469,245 B2
8

7

modify the user preference data based upon the user pref
erence edit input.
15. The advertising machine of claim 9, Wherein the asso
ciate search engine is further operable to:

2. The method of claim 1, wherein the at least one database

stores product information and the search results correspond
to a plurality of identi?ed products.

3. The method of claim 1, further comprising ordering the
search results based upon the user preference data.

receive user preference re-prioritiZation input; and

4. The method of claim 1, Wherein creating user preference
data based upon the user preference input comprises setting

re-prioritiZe the user preference data based upon the user

the user preference data to default values.

16. The advertising machine of claim 9, Wherein the user

preference re-prioritiZation input.
preference data is derived from prior searching history.

5. The method of claim 1, further comprising:
receiving user preference edit input via the communica
tions link from the data processing device; and

17. The advertising machine of claim 9, Wherein the data
base search engine is further operable to:
receive search re?nement input via the communications
link from the data processing device of the user;

modifying the user preference data based upon the user

preference edit input.
6. The method of claim 1, further comprising:

re?ne the search results based upon the search re?nement

input; and

receiving user preference re-prioritiZation input; and

transmit the re?ned search results via the communications
link to the data processing device.
18. A method for operating a data processing device of a

re-prioritiZing the user preference data based upon the user

preference re-prioritiZation input.
7. The method of claim 1, Wherein the user preference data

is derived from prior searching history.
8. The method of claim 1, further comprising:
receiving search re?nement input via the communications
link from the data processing device of the user;
re?ning the search results based upon the search re?ne
ment input; and
transmitting the re?ned search results via the communica
tions link to the data processing device.

20

computer, the method comprising:

25

ment; and
receiving search results and at least one advertisement via

the communications link from the advertising machine;
30

data processing device of the user via the communica

the at least one advertisement obtained from at least one

database having advertisement information based

tions link;
35

nications link a search request that includes a search

produce search results;
40

receive user preference input from the data processing
device via the communications link;
select at least one advertisement from an advertisement 45

database relating to the search argument using the
user preference data; and
the advertising machine operable to transmit the search
50

one database stores product information and the search

55

preference re-prioritiZation input.
24. The method of claim 18, Wherein the user preference

data is derived from prior searching history.

preference data comprises a list of keyWords.
13. The advertising machine of claim 9, Wherein creating

link from the data processing device; and

23. The method of claim 18, further comprising:
transmitting to the advertising machine via the communi
cations link user preference re-prioritiZation input; and
receiving at least one of modi?ed search results and at least
one differing advertisement that are based upon the
search argument, the user preference input, and the user

results based upon the user preference data.
12. The advertising machine of claim 9, Wherein the user

the user preference data based upon the user preference input
comprises setting the user preference data to default values.
14. The advertising machine of claim 9, Wherein the asso
ciate search engine is further operable to:
receive user preference edit input via the communications

receiving at least one of modi?ed search results and at least
one differing advertisement that are based upon the
search argument, the user preference input, and the user

preference edit input.

10. The advertising machine of claim 9, Wherein the at least

results correspond to a plurality of identi?ed products.
11. The advertising machine of claim 9, Wherein the asso
ciative search engine is further operable to order the search

20. The method of claim 18, Wherein the search results are
ordered based upon the user preference data.
21. The method of claim 18, Wherein the user preference

data comprises a list of keyWords.
22. The method of claim 18, further comprising:
transmitting to the advertising machine via the communi
cations link user preference edit input; and

create user preference data based upon the user prefer
ence input; and

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

upon the search argument and the user preference
data.
19. The method of claim 18, Wherein the search results

correspond to a plurality of identi?ed products.

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

an associative search engine operable to:

the search results obtained from at least one database

based upon the search argument; and

a communications interface operable to interface With the

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

interacting With the advertising machine via the commu
nications link to provide user preference input used to
create user preference data by the advertising machine;
transmitting to the advertising machine via the communi
cations link a search request that includes a search argu

9. 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

advertising machine comprising:

user to receive advertisements via a communications link
from an advertising machine implemented on at least one

60

25. The method of claim 18, further comprising:
transmitting search re?nement input via the communica
tions link to the advertising machine; and
receiving re?ned search results via the communications
link from the advertising machine that is based upon the

search re?nement input.