Rockstar Consortium US LP et al v. Google Inc

Filing 220

MOTION to Amend/Correct Invalidity Contentions by Google Inc. (Attachments: # 1 Affidavit of Lance Yang, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10a, # 12 Exhibit 10b, # 13 Exhibit 11)(Perlson, David) (Additional attachment(s) added on 10/27/2014: # 14 Text of Proposed Order) (ch, ).

EXHIBIT 2

Chart A-41
Claim Chart of the Excite, Inc. SB Registration Statement No. 333-2328-LA, March 11, 1996
SB-2
LA,
(“Excite SB-2”)
as prior art to
Asserted Claims of U.S. Patent No. 7,236,969 B1 (“’969 Patent”)
and
Asserted Claims of U.S. Patent No. 7,469,245 B2 (“’245 Patent”)
and
Asserted Claims of U.S. Patent No. 7,672,970 B2 (“’970 Patent”)
and
Asserted Claims of U.S. Patent No. 7,895,178 B2 (“’178 Patent”)
and
Asserted Claims of U.S. Patent No. 7,895,183 B2 (“’183 Patent”)
No.
and
Asserted Claims of U.S. Patent No. 7,933,883 B2 (“’883 Patent”)

Google also asserts that each of the references cited in this chart anticipates the asserted claims
or renders the asserted claims obvious in combination with the other references in that chart.
This chart is based on Rockstar’s apparent construction of the claims, and is not an admission
that those constructions are correct or appropriate.

’969 Patent

EXCITE SB-2

Claim 1
1. A method of providing
advertisements to a user
searching for desired
information within a data
network, comprising the
steps of:

The Excite SB 2 discloses a method for providing advertisements
SB-2
to a user searching for desired information within a data n
network.

Excite SB at GOOG-WRD-0087209.
SB-2

GOOGLE’ INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-1

’969 Patent

EXCITE SB-2

Id.

Id. at GOOG
GOOG-WRD-00872010.

Id. at GOOG
GOOG-WRD-00872011.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-2

’969 Patent

EXCITE SB-2

Id.

Id. at GOOG
GOOG-WRD-00872038.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-3

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872044.
[a] receiving, from the user, The Excite SB 2 discloses receiving, from the user, a search
SB-2
a search request including a request including a search argument corresponding to the desired
search argument
information.
corresponding to the
desired information;

Id. at GOOG
GOOG-WRD-00872010.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-4

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872011.

Id. at GOOG
. GOOG-WRD-00872013.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-5

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872017.

Id. at GOOG
GOOG-WRD-00872040.

Id. at GOOG
GOOG-WRD-00872045.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-6

’969 Patent

EXCITE SB-2

Id.
[b] searching, based upon
The Excite SB 2 discloses searching, based upon the received
SB-2
the received search
search argument, a first database having data network related
argument, a first database
information to generate search results.
having data network related
information to generate
search results;

Id. at GOOG
GOOG-WRD-0087209.

Id. at GOOG
GOOG-WRD-0087209.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-7

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872010.

Id. at GOOG
GOOG-WRD-00872011.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-8

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872013.

Id. at GOOG
GOOG-WRD-00872017-18.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-9

’969 Patent

EXCITE SB-2
Id. at GOOG
GOOG-WRD-00872040.

Id. at GOOG
GOOG-WRD-00872043.

Id. at GOOG
GOOG-WRD-00872045.

Id.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-10

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872046.

[c] correlating the received
search argument to a
particular advertisement in
a second database having
advertisement related
information; and

The Excite SB 2 discloses correlated the received search argument
SB-2
to a particular advertisement in a second database having
advertisement related information.

Id. at GOOG
GOOG-WRD-0087209.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-11

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-0087209.

Id. at GOOG
GOOG-WRD-00872010.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-12

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872011.

Id. at GOOG
GOOG-WRD-00872017-18.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-13

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872038.

Id. at GOOG
GOOG-WRD-00872043.

Id. at GOOG
GOOG-WRD-00872044.

Id.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-14

’969 Patent

EXCITE SB-2
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B7.

[d] providing the search
results together with the
particular advertisement to
the user.

The Excite SB 2 discloses provided the search results together
SB-2
with the particular advertisement to the user.

Id. at GOOG
GOOG-WRD-00872010.

Id. at GOOG
GOOG-WRD-00872017-18.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-15

’969 Patent

EXCITE SB-2

Id. at GOOG
GOOG-WRD-00872044.

Id.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B3.

Claim 2
2. A method as claimed in
claim 1, wherein the step of
correlating the received
search argument to the
particular advertisement
including selecting the

The Excite SB discloses correlated the received search argument
SB-2 scloses
to the particular advertisement including selecting the particular
advertisement based on the received search argument and user
profile.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-16

’969 Patent

EXCITE SB-2

particular advertisement
based on the received
search argument and user
profile data.

Id. at GOOG
GOOG-WRD-00872010.

Id.

Id. at GOOG
GOOG-WRD-00872011.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-17

’969 Patent

EXCITE SB-2

Id.

Id. at GOOG
GOOG-WRD-00872013.

Id.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-18

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872036.

Id. at GOOG-WRD-00872038.

Id. at GOOG-WRD-00872039.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-19

’969 Patent

EXCITE SB-2
Id. at GOOG-WRD-00872041.

Id. at GOOG-WRD-00872043.

Id. at GOOG-WRD-00872044.

Id.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-20

’969 Patent

EXCITE SB-2
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B4.

Claim 3
3. A method as claimed in
claim 2, wherein the user
profile data includes
selections of the user from
previous search arguments.

The Excite SB-2 discloses the user profile data includes selections
of the user from previous search arguments.

Id. at GOOG-WRD-00872013.

Id. at GOOG-WRD-00872036.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-21

’969 Patent

EXCITE SB-2
Id. at GOOG-WRD-00872038.

Id. at GOOG-WRD-00872039.

Id. at GOOG-WRD-00872041.

Id. at GOOG-WRD-00872044.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-22

’969 Patent

EXCITE SB-2
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B4.

Claim 4
4. A method as claimed in
claim 3, wherein the user
profile data includes
selections of the user from
previous search results.

The Excite SB-2 discloses wherein the user profile data includes
selections of the user from previous search results.

Id. at GOOG-WRD-00872013.

Id. at GOOG-WRD-00872036.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-23

’969 Patent

EXCITE SB-2
Id. at GOOG-WRD-00872038.

Id. at GOOG-WRD-00872039.

Id. at GOOG-WRD-00872041.

Id. at GOOG-WRD-00872044.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-24

’969 Patent

EXCITE SB-2
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B4.

Claim 5
5. A method as claimed in
claim 4, wherein the user
profile data includes user
specified preferences.

The Excite SB 2 discloses user profile data that included user
SB-2
specified preferences.

Id. at GOOG
GOOG-WRD-00872011.

Id.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-25

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872013.

Id. at GOOG-WRD-00872036.

Id. at GOOG-WRD-00872038.

Id. at GOOG-WRD-00872039.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-26

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872041.

Id. at GOOG-WRD-00872044.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4.
Claim 6
6. A method as claimed in
The Excite SB-2 discloses providing the search results and the
claim 1, wherein the step of particular advertisement to the user including displaying the search
providing the search results results as a page on a data processing device and the particular
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-27

’969 Patent
and the particular
advertisement to the user
includes displaying the
search results as a page on
a data processing device
and the particular
advertisement as an insert
on the page.

EXCITE SB-2
advertisement as an insert on the page.
See Claim 1[b] and [c].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Tables B1, B2, & B3.

Claim 8
8. A method of providing
advertisements to a user
searching for desired
information within a data
network, comprising the
steps of:

The Excite SB-2 discloses providing advertisements to a user
searching for desired information within a data network.

[a] receiving, at a server, a
search request sent from a
user, the search request
including a search
argument corresponding to
the desired information;

The Excite SB-2 discloses receiving, at a server, a search request
sent from a user, the search request including a search argument
corresponding to the desired information.

See Claim 1[preamble].

See Claim 1[a].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B2, B7.

[b] searching, by the server
computer based upon the
received search argument, a
first database to generate
search results, the first
database having data
network related
information and being
contained on the server
computer;

The Excite SB-2 discloses searching a first database to generate
search results, the first database having data network related
information and being contained on the server computer.

[c] correlating the received
search argument to a
particular advertisement in
a second database having
advertisement related
information, the second

The Excite SB-2 discloses correlating the received search
argument to a particular advertisement in a second database having
advertisement related information, the second database contained
on a client computer.

See Claim 1[b].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B2, B7.

See Claim 1[c]; see also:

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-28

’969 Patent

EXCITE SB-2

database contained on a
client computer; and

Id. at GOOG-WRD-00872035.

Id.

Id. at GOOG-WRD-00872037.

Id. at GOOG-WRD-00872038.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-29

’969 Patent

EXCITE SB-2

Id.

Id. at GOOG-WRD-00872039.

Id. at GOOG-WRD-00872042.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-30

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872046.

Id. at GOOG-WRD-00872047-48.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-31

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872048.

Id. at GOOG-WRD-00872049.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B2, B7.
[d] providing the search
results together with the
particular advertisement to
the user.

The Excite SB-2 discloses providing the search results together
with the particular advertisement to the user.
See Claim 1[d].

Claim 9
9. A method as claimed in
claim 8, wherein the step of
correlating the received
search argument to the
particular advertisement
includes selecting the
particular advertisement
based on the received
search argument and user

The Excite SB-2 discloses correlating the received search
argument to the particular advertisement by selecting the particular
advertisement based on the received search argument and user
profile data.
See Claim 2.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-32

’969 Patent

EXCITE SB-2

profile data.
Claim 10
10. A method as claimed in
claim 9, wherein the user
profile data is based
partially upon previous
search arguments of the
user.

The Excite SB-2 discloses the user profile data is based partially
upon previous search arguments of the user.
See Claim 3.

Claim 11
11. A method as claimed in
claim 10, wherein the user
profile data is based
partially upon previous
search results for the user.

The Excite SB-2 discloses the user profile data is based partially
upon previous search results for the user.
See Claim 4.

Claim 12
12. A method as claimed in
claim 11, wherein the user
profile data includes user
specified preferences.

The Excite SB-2 discloses the user profile data used by the Excite
SB-2 discloses included user specified preferences.
See Claim 5.

Claim 13
13. A method as claimed in
claim 8, wherein the step of
providing the search results
and the particular
advertisement to the user
includes displaying the
search results as a page on
a data processing device
and the particular
advertisement as an insert
on the page.

The Excite SB-2 discloses provided the search results and the
particular advertisement to the user by displaying the search results
as a page on a data processing device and the particular
advertisement as an insert on the page.
See Claim 6.

Claim 14
14. A method as claimed in
claim 8, wherein the step of
correlating the received
search argument to a
particular advertisement in
the second database is
performed by the client
computer.

The Excite SB-2 discloses the step of correlating the received
search argument to a particular advertisement in the second
database is performed by the client computer.
See Claims 1[c] and 8[c].

To the extent this reference does not teach this claim element, this

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-33

’969 Patent

EXCITE SB-2
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B2, B7.

Claim 17
17. An advertising machine
for providing
advertisements to a user
searching for desired
information within a data
network, the advertising
machine comprising:

The Excite SB-2 discloses including an advertising machine for
providing advertisements to a user searching for desired
information within a data network.

[a] a server computer
coupled to the data network
that receives a search
request from the user, the
search request including a
search argument
corresponding to the
desired information;

The Excite SB-2 discloses a server computer coupled to the data
network that received a search request from the user, the search
request including a search argument corresponding to the desired
information.

[b] a database search
engine coupled to the
server computer that
receives the search
argument from the server
computer and searches a
first database to generate
search results, the first
database having data
network related
information and being
contained on the server
computer;

The Excite SB-2 discloses a database search engine coupled to the
server computer that received the search argument from the server
computer and searched a first database to generate search results,
the first database having data network related information and
being contained on the server computer.

[c] an associative search
engine coupled to the
server computer that
correlates the received
search argument to a
particular advertisement in
a second database having
advertisement related
information, the second
database contained on a

The Excite SB-2 discloses an associative search engine coupled to
the server computer that correlated the received search argument to
a particular advertisement in a second database having
advertisement related information. The second database was
contained on a client computer.

See Claim 8[preamble].

See Claim 8[a].

See Claim 8[b].

See Claim 8[c].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-34

’969 Patent

EXCITE SB-2

client computer; and
[d] the server computer
providing the search results
together with the particular
advertisement to the user.

The Excite SB-2 discloses the server computer provided the search
results together with the particular advertisement to the user.
See Claim 8[d].

Claim 18
18. The advertising
machine of claim 17,
wherein the associative
search engine selects the
particular advertisement
based on the received
search argument and user
profile data.

The Excite SB-2 discloses selecting the particular advertisement
based on the received search argument and user profile data.
See Claim 2.

Claim 19
19. The advertising
machine of claim 18,
wherein the user profile
data is based partially upon
previous search arguments
of the user.

The Excite SB-2 discloses the user profile data is based partially
upon previous search arguments of the user.
See Claim 3.

Claim 20
20. The advertising
machine of claim 18,
wherein the user profile
data is based partially upon
previous search results for
the user.

The Excite SB-2 discloses the user profile data is based partially
upon previous search results for the user.
See Claim 4.

Claim 21
21. The advertising
machine of claim 18,
wherein the user profile
data includes user specified
preferences.

The user profile data used by the Excite SB-2 discloses included
user specified preferences.
See Claim 5.

Claim 22
22. An advertising machine
coupled to a data network
for providing
advertisements to a user,

The Excite SB-2 discloses an advertising machine coupled to a
data network for providing advertisements to a user.
See Claim 17[preamble].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-35

’969 Patent

EXCITE SB-2

the advertising machine
comprising:
[a] a server computer
coupled to the data network
that receives a search
request from the user, the
search request including a
search argument
corresponding to the
desired information;

The Excite SB-2 discloses a server computer was coupled to the
data network that received a search request from the user, the
search request including a search argument corresponding to the
desired information.

[b] a database search
engine coupled to the
server computer that
receives the search
argument from the server
computer and searches a
first database to generate
search results, the first
database having data
network related
information and being
contained on the server
computer;

The Excite SB-2 discloses a database search engine coupled to the
server computer that receives the search argument from the server
computer and searches a first database to generate search results,
the first database having data network related information and
being contained on the server computer.

[c] an associative search
engine coupled to the
server computer that
correlates the received
search argument to a
particular advertisement in
a second database having
advertisement related
information, the second
database contained on a
client computer;

The Excite SB-2 discloses an associative search engine coupled to
the server computer that correlated the received search argument to
a particular advertisement in a second database having
advertisement related information, the second database contained
on a client computer.

[d] the server computer
providing the search results
together with the particular
advertisement to the user;

The Excite SB-2 discloses the server computer used by the Excite
SB-2 discloses provided the search results together with the
particular advertisement to the user.

See Claim 17[a].

See Claim 17[b].

See Claim 17[c].

See Claim 17[d].
[e] the server computer
determining whether the
advertisement was

The Excite SB-2 discloses the server computer determined
whether the advertisement was successful.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-36

’969 Patent

EXCITE SB-2

successful; and

Id. at GOOG
GOOG-WRD-00872037.

Id. at GOOG
GOOG-WRD-00872039.

Id. at GOOG
GOOG-WRD-00872043.

Id.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-37

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872044.

Id.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Tables B4 & B6.
[f] the server computer
altering criteria for
subsequent correlations of
received search arguments
to the second database.

The Excite SB-2 discloses the server computer altered criteria for
subsequent correlations of received search arguments to the second
database.
See Claim 1[a] and [b]; see also:

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-38

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872037.

Id. at GOOG-WRD-00872039.

Id. at GOOG-WRD-00872043.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-39

’969 Patent

EXCITE SB-2

Id. at GOOG-WRD-00872044.

Id.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Tables B4, B6, B7.
Claim 23
23. The advertising
machine of claim 22,
wherein the associative
search engine correlates the
received search argument
to the particular
advertisement based on the
received search argument
and user profile data.

The Excite SB-2 discloses correlating the received search
argument to the particular advertisement based on the received
search argument and the user profile data.
See Claim 2.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-40

EXCITE

’245 Patent
Claim 1
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:

The Excite SB-2 discloses providing advertisements via a
communications link to a data processing device of a user.

[a] receiving user
preference input from the
data processing device via
the communications link;

The Excite SB-2 discloses receiving user preference input from
the data processing device via the communications link.

See ‘969 Patent Claim 1[preamble].

See ‘969 Patent Claims 1[a], 2, and 5.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4

[b] creating user preference
data based upon the user
preference input;

The Excite SB-2 discloses creating user preference data based
upon the user preference input.
See ‘969 Patent Claims 1[a], 2, and 5.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4

[c] receiving from the data
processing device via the
communications link a
search request that includes
a search argument;

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes
a search argument.
See ‘969 Patent Claim 1[a].

[d] searching at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See ‘969 Patent Claim 1[b].
[e] selecting at least one
advertisement from an
advertisement database
relating to the search
argument using the user

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database relating to the search argument
using the user preference data.
See ‘969 Patent Claims 1[c], 2 and 5.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-41

EXCITE

’245 Patent
preference data; and
[f] transmitting the search
results together with the at
least one advertisement via
the communications link to
the data processing device.

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.
See ‘969 Patent Claim 1[d].

Claim 3
3. The method of claim 1,
The Excite SB-2 discloses ordering the search results based upon
further comprising ordering the user preference data.
the search results based
upon the user preference
data.

Id. at GOOG-WRD-00872041.

Id. at GOOG-WRD-00872044.
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-42

EXCITE

’245 Patent

To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4.
Claim 5
5. The method of claim 1,
further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.

See Claim 1.
[a] receiving user
preference edit input via
the communications link
from the data processing
device; and

The Excite SB-2 discloses receiving user preference edit input via
the communications link from the data processing device.
See Claim 1[a].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4.

[b] modifying the user
preference data based upon
the user preference edit
input.

The Excite SB-2 discloses modifying the user preference data
based upon the user preference edit input.
See Claim 1[b].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4.

Claim 6
6. The method of claim 1,
further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 1.

[a] receiving user
preference re-prioritization
input; and

The Excite SB-2 discloses receiving user preference reprioritization input.
See Claim 1[a].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-43

EXCITE

’245 Patent

skill in the art renders this claim element obvious. See, e.g.: Table
B4.
[b] re-prioritizing the user
preference data based upon
the user preference reprioritization input.

The Excite SB-2 discloses re-prioritizing the user preference data
based upon the user preference re-prioritization input.
See Claim 1[b].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4.

Claim 7
7. The method of claim 1,
The Excite SB-2 discloses wherein the user preference data is
wherein the user preference derived from prior searching history.
data is derived from prior
searching history.
See ’969 Patent Claims 3, 4.
Claim 8
8. The method of claim 1,
further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 1.

[a] receiving search
refinement input via the
communications link from
the data processing device
of the user;

The Excite SB-2 discloses receiving search refinement input via
the communications link from the data processing device of the
user.

[b] refining the search
results based upon the
search refinement input;
and

The Excite SB-2 discloses refining the search results based upon
the search refinement input.

[c] transmitting the refined
search results via the
communications link to the
data processing device.

The Excite SB-2 discloses transmitting the refined search results
via the communications link to the data processing device.

See Claim 1[c].

See Claim 1[d].

See Claim 1[f].

Claim 9
9. An advertising machine
implemented on at least
one computer and operable
to provide advertisements
via a communications link

The Excite SB-2 discloses an advertising machine implemented on
at least one computer and was operable to provide advertisements
via a communications link to a data processing device of a user.
See Claim 1[preamble].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-44

EXCITE

’245 Patent
to a data processing device
of a user, the advertising
machine comprising:
[a] a communications
interface operable to
interface with the data
processing device of the
user via the
communications link;

The Excite SB-2 discloses a communications interface operable to
interface with the data processing device of the user via the
communications link.

[b] a database search
engine operable to:

The Excite SB-2 discloses a database search engine.

See Claim 1[a] and [c].

See Claim 1[d].
[c] receive from the data
processing device via the
communications link a
search request that includes
a search argument; and

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes
a search argument.
See Claim 1[c].

[d] search at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See Claim 1[d].
[e] an associative search
engine operable to:

The Excite SB-2 discloses an associative search engine.
See Claim 1[e].

[f] receive user preference
input from the data
processing device via the
communications link;

The Excite SB-2 discloses an associative search engine operable to
receive user preference input from the data processing device via
the communications link.
See Claim 1[a].

[g] create user preference
data based upon the user
preference input; and

The Excite SB-2 discloses an associative search engine operable to
create user preference data based upon the user preference input.
See Claim 1[b].

[h] select at least one
advertisement from an
advertisement database
relating to the search
argument using the user
preference data; and

The Excite SB-2 discloses an associative search engine operable to
select at least one advertisement from an advertisement database
relating to the search argument using the user preference data.

[i] the advertising machine

The Excite SB-2 discloses the advertising machine operable to

See Claim 1[e].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-45

EXCITE

’245 Patent
operable to transmit the
search results together with
the at least one
advertisement via the
communications link to the
data processing device.

transmit the search results together with the at least one
advertisement via the communications link to the data processing
device.
See Claim 1[f].

Claim 16
16. The advertising
The Excite SB-2 discloses wherein the user preference data is
machine of claim 9,
derived from prior searching history.
wherein the user preference
data is derived from prior
See Claim 7.
searching history.
Claim 17
17. The advertising
machine of claim 9,
wherein the database
search engine is further
operable to:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses a search engine.

[a] receive search
refinement input via the
communications link from
the data processing device
of the user;

The Excite SB-2 discloses receiving search refinement input via
the communications link from the data processing device of the
user.

[b] refine the search results
based upon the search
refinement input; and

The Excite SB-2 discloses refining the search results based upon
the search refinement input.

See Claim 9.

See Claim 8[a].

See Claim 8[b].
[c] transmit the refined
search results via the
communications link to the
data processing device.

The Excite SB-2 discloses transmitting the refined search results
via the communications link to the data processing device.
See Claim 8[c].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-46

EXCITE

’970 Patent
Claim 1
1. An advertising machine
implemented on at least
one computer and operable
to provide advertisements
via a communications link
to a data processing device
of a user, the advertising
machine comprising:

The Excite SB-2 discloses an advertising machine implemented on
at least one computer and operable to provide advertisements via a
communications link to a data processing device of a user.

[a] a communications
interface operable to
interface with the data
processing device of the
user via the
communications link;

The Excite SB-2 discloses a communications interface operable to
interface with the data processing device of the user via the
communications link.

[b] a database search
engine operable to:

The Excite SB-2 discloses a database search engine.

See ’245 Patent Claim 9[preamble].

See ’245 Patent Claim 9[a].

See ’245 Patent Claim 9[b].
[c] receive from the data
processing device via the
communications link a
search request that includes
a search argument; and

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.
See ’245 Patent Claim 9[c].

[d] search at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See ’245 Patent Claim 9[d].
[e] 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 Excite SB-2 discloses 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.

[f] the advertising machine
operable to:

The Excite SB-2 discloses an advertising machine.

See ’245 Patent Claim 9[e] and [h].

See ’245 Patent Claim 9[i].
[g] transmit the search
results together with the at
least one advertisement via

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-47

EXCITE

’970 Patent
the communications link to
the data processing device;
[h] receive a response from
the data processing device
via the communications
link that indicates selection
of an advertisement; and
[i] based upon the
advertisement selection,
generate a fee record.

See ’245 Patent Claim 9[i].
The Excite SB-2 discloses receiving a response from the data
processing device via the communications link that indicates
selection of an advertisement.
See ’969 Patent Claim 22[e].
The Excite SB-2 discloses based upon the advertisement selection,
the Excite SB-2 discloses generated a fee record.
See ’969 Patent Claim 22[e].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B6

Claim 2
2. The advertising machine
of claim 1, wherein the
advertising machine is
further operable to extract a
toll based upon the fee
record.

The Excite SB-2 discloses wherein the advertising machine is
further operable to extract a toll based upon the fee record.
See ’969 Patent Claim 22[e].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B6

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

The Excite SB-2 discloses directing the data processing device to a
website corresponding to the selection of the advertisement.
See ’969 Patent Claim 22[e].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Tables B2 & B3

Claim 4
4. The advertising machine
of claim 1, wherein the
advertising machine is
further operable to update

The Excite SB-2 discloses wherein the advertising machine is
further operable to update preference data for the user based upon
the selection of the advertisement.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-48

EXCITE

’970 Patent
preference data for the user
based upon the selection of
the advertisement.

See ’969 Patent Claims 2 and 5.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4

Claim 5
5. The advertising machine
of claim 1, wherein the
advertising machine is
further operable to update
the advertisement database
based upon the selection of
the advertisement.

The Excite SB-2 discloses wherein the advertising machine is
further operable to update the advertisement database based upon
the selection of the advertisement.
See ’969 Patent Claims 1[c], 2 and 5.

Claim 8
8. The advertising machine
of claim 1, wherein the
associative search engine is
operable to select at least
one advertisement from an
advertisement database
based upon at least the
search argument.

The Excite SB-2 discloses wherein the associative search engine is
operable to select at least one advertisement from an advertisement
database based upon at least the search argument.
See ‘969 Patent, Claim 1[c].

Claim 10
10. An advertising machine
implemented on at least
one computer and operable
to provide advertisements
via a communications link
to a data processing device
of a user, the advertising
machine comprising:

The Excite SB-2 discloses an advertising machine implemented on
at least one computer and operable to provide advertisements via a
communications link to a data processing device of a user.

[a] a communications
interface operable to
interface with the data
processing device of the
user via the
communications link;

The Excite SB-2 discloses a communications interface operable to
interface with the data processing device of the user via the
communications link.

[b] a database search
engine operable to:

The Excite SB-2 discloses a database search engine.

See Claim 1[preamble].

See Claim 1[a].

See Claim 1[b].
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-49

’970 Patent

EXCITE

[c] receive from the data
processing device via the
communications link a
search request that includes
a search argument; and

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.
See Claim 1[c].

[d] search at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See Claim 1[d].
[e] 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 Excite SB-2 discloses 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.

[f] the advertising machine
operable to:

The Excite SB-2 discloses an advertising machine.

See Claim 1[e].

See Claim 1[f].
[g] transmit the search
results together with the at
least one advertisement via
the communications link to
the data processing device;

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.

[h] receive a response from
the data processing device
via the communications
link that indicates nonselection of the at least one
advertisement.

The Excite SB-2 discloses receiving a response from the data
processing device via the communications link that indicates nonselection of the at least one advertisement.

See Claim 1[g].

See ‘969 Patent Claim 22[e].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Tables B4 & B6

Claim 11
11. The advertising
machine of claim 10,
wherein:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses an advertising machine.
See Claim 10.

[a] the associative search

The Excite SB-2 discloses the associative search engine is further

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-50

EXCITE

’970 Patent
engine is further operable
to select at least one
differing advertisement
based upon the nonselection of the at least one
advertisement; and

[b] the advertising machine
is further operable to
transmit the at least one
differing advertisement via
the communications link to
the data processing device.

operable to select at least one differing advertisement based upon
the non-selection of the at least one advertisement.
See ‘969 Patent Claim 22[e].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B4
The Excite SB-2 discloses the advertising machine is further
operable to transmit the at least one differing advertisement via the
communications link to the data processing device.
See ‘969 Patent Claim 22[e].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Tables
B2, B3, & B4

Claim 12
12. The advertising
machine of claim 10,
wherein the advertising
machine is further operable
to update preference data
for the user based upon the
non-selection of the at least
one advertisement.

The Excite SB-2 discloses wherein the advertising machine is
further operable to update preference data for the user based upon
the non-selection of the at least one advertisement.
See Claim 4.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4

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

The Excite SB-2 discloses wherein the advertising machine is
further operable to update the advertisement database based upon
the non-selection of the advertisement.
See Claim 5.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4

Claim 14
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-51

EXCITE

’970 Patent
14. The advertising
machine of claim 10,
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.

The Excite SB-2 discloses 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.
See ’245 Patent Claim 9[i].

Claim 15
15. The advertising
machine of claim 10,
wherein the associative
search engine is operable to
select at least one
advertisement from an
advertisement database
based upon at least the
search argument.

The Excite SB-2 discloses wherein the associative search engine is
operable to select at least one advertisement from an advertisement
database based upon at least the search argument.
See Claim 8.

Claim 17
17. A method for operating
an advertising machine
implemented on at least
one computer to provide
advertisements via a
communications link to a
data processing device of a
user, the method
comprising:

The Excite SB-2 discloses an advertising machine implemented on
at least one computer to provide advertisements via a
communications link to a data processing device of a user.

[a] the advertising machine
receiving from the data
processing device via the
communications link a
search request that includes
a search argument;

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.

See Claim 1[preamble].

See Claim 1[c].

[b] the advertising machine The Excite SB-2 discloses searching at least one database using
searching at least one
the search argument to produce search results.
database using the search
argument to produce search See Claim 1[d].
results;
[c] the advertising machine

The Excite SB-2 discloses selecting at least one advertisement

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-52

EXCITE

’970 Patent
selecting at least one
advertisement from an
advertisement database
based upon at least one of
the search argument and
the search results;

from an advertisement database based upon at least one of the
search argument and the search results.
See Claim 1[e].

[d] the advertising machine
transmitting the search
results together with the at
least one advertisement via
the communications link to
the data processing device;

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.

[e] the advertising machine
receiving a response from
the data processing device
via the communications
link that indicates selection
of an advertisement; and

The Excite SB-2 discloses receiving a response from the data
processing device via the communications link that indicates
selection of an advertisement.

[f] the advertising machine
generating a fee record
based upon the selection of
the advertisement.

See Claim 1[g].

See Claim 1[h].
The Excite SB-2 discloses generating a fee record based upon the
selection of the advertisement.
See Claim 1[i].

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

The Excite SB-2 discloses extracting a toll based upon the fee
record.
See Claim 2.

Claim 19
19. The method of claim
17, further comprising the
advertising machine
directing the data
processing device to a
website corresponding to
the selection of the
advertisement.

The Excite SB-2 discloses directing the data processing device to a
website corresponding to the selection of the advertisement.
See Claim 3.

Claim 20
20. The method of claim
17, further comprising the

The Excite SB-2 discloses updating preference data for the user
based upon the selection of the advertisement.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-53

EXCITE

’970 Patent
advertising machine
updating preference data
for the user based upon the
selection of the
advertisement.

See Claim 4.

Claim 21
21. The method of claim
17, further comprising the
advertising machine
updating the advertisement
database based upon the
selection of the
advertisement.

The Excite SB-2 discloses updating the advertisement database
based upon the selection of the advertisement.
See Claim 5.

Claim 23
23. The method of claim
17, wherein the search
results and the at least one
advertisement are included
in a web page transmitted
to the data processing
device via the
communications link.

The Excite SB-2 discloses searching results and the at least one
advertisement were included in a web page transmitted to the data
processing device via the communications link.
See ’245 Patent Claim 9[i].

Claim 24
24. The method of claim
17, further comprising the
advertising machine
selecting at least one
advertisement from an
advertisement database
based upon at least the
search argument.

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database based upon at least the search
argument.
See Claim 8.

Claim 26
26. A method for operating
an advertising machine
implemented on at least
one computer to provide
advertisements via a
communications link to a
data processing device of a
user, the method
comprising:

The Excite SB-2 discloses an advertising machine implemented on
at least one computer to provide advertisements via a
communications link to a data processing device of a user.
See Claim 10[preamble].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-54

’970 Patent

EXCITE

[a] the advertising machine
receiving from the data
processing device via the
communications link a
search request that includes
a search argument;

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.
See Claim 10[c].

[b] the advertising machine The Excite SB-2 discloses searching at least one database using
searching at least one
the search argument to produce search results
database using the search
argument to produce search See Claim 10[d].
results;
[c] the advertising machine
selecting at least one
advertisement from an
advertisement database
based upon at least one of
the search argument and
the search results;

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database based upon at least one of the
search argument and the search results.
See Claim 10[e].

[d] the advertising machine
transmitting the search
results together with the at
least one advertisement via
the communications link to
the data processing device;
and

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.

[e] the advertising machine
receiving a response from
the data processing device
via the communications
link that indicates nonselection of the at least one
advertisement.

The Excite SB-2 discloses receiving a response from the data
processing device via the communications link that indicates nonselection of the at least one advertisement.

See Claim 10[g].

See Claim 10[h].

Claim 27
27. The method of claim
26, further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 26.

[a] the advertising machine
selecting at least one
differing advertisement
based upon the non-

The Excite SB-2 discloses selecting at least one differing
advertisement based upon the non-selection of the at least one
advertisement.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-55

EXCITE

’970 Patent
selection of the at least one
advertisement; and

See Claim 11[a].

[b] the advertising machine
transmitting the at least one
differing advertisement via
the communications link to
the data processing device.

The Excite SB-2 discloses transmitting the at least one differing
advertisement via the communications link to the data processing
device.
See Claim 11[b].

Claim 28
28. The method of claim
26, further comprising the
advertising machine
updating preference data
for the user based upon the
non-selection of the at least
one advertisement.

The Excite SB-2 discloses the advertising machine updating
preference data for the user based upon the non-selection of the at
least one advertisement.
See Claim 12.

Claim 29
29. The method of claim
26, further comprising the
advertising machine
updating the advertisement
database based upon the
non-selection of the
advertisement.

The Excite SB-2 discloses updating the advertisement database
based upon the non-selection of the advertisement.
See Claim 13.

Claim 30
30. The method of claim
26, wherein the search
results and the at least one
advertisement are included
in a web page transmitted
to the data processing
device via the
communications link.

The Excite SB-2 discloses searching results and the at least one
advertisement were included in a web page transmitted to the data
processing device via the communications link.
See Claim 14.

Claim 31
31. The method of claim
26, further comprising the
advertising machine
selecting at least one
advertisement from an
advertisement database
based upon at least the

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database based upon at least the search
argument.
See Claim 15.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-56

EXCITE

’970 Patent
search argument.
Claim 33
33. A server computer that
is operable to provide
advertisements via a
communications link to a
data processing device of a
user, the server computer
comprising:

The Excite SB-2 discloses a server computer operable to provide
advertisements via a communications link to a data processing
device of a user.

[a] at least one
communications interface
operable to interface with
the data processing device
of the user, a database
search engine, and an
associative search engine;

The Excite SB-2 discloses at least one communications interface
operable to interface with the data processing device of the user, a
database search engine, and an associative search engine.

[b] the server computer,
using the at least one
communications interface,
is operable to:

See ‘969 Patent Claim 1[preamble] and [a].

See Claim 1[a].

The Excite SB-2 discloses the server computer, using the at least
one communications interface, is operable to perform the
following method.
See Claim 1[b].

[c] receive from the data
processing device via the
communications link a
search request that includes
a search argument; and

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.

[d] interact with the
database search engine to
receive search results from
the database search engine
that are selected based
upon the search argument;

The Excite SB-2 discloses interacting with the database search
engine to receive search results from the database search engine
that are selected based upon the search argument.

[e] interact with the
associative search engine to
receive an advertisement
that is selected based upon
at least one of the search
argument and the search
results; and

The Excite SB-2 discloses interacting with the associative search
engine to receive an advertisement that is selected based upon at
least one of the search argument and the search results.

[f] transmit the search
results together with the at

See Claim 1[c].

See Claim 1[d].

See Claim 1[e].

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-57

EXCITE

’970 Patent
least one advertisement via
the communications link to
the data processing device.

the data processing device.
See Claim 1[g].

Claim 34
34. The server computer of
claim 33, wherein the
server computer, in
conjunction with the at
least one communications
interface, is further
operable to:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses wherein the server computer, in
conjunction with the at least one communications interface, is
further operable as follows.

[a] receive a response from
the data processing device
via the communications
link that indicates selection
of an advertisement; and

The Excite SB-2 discloses receiving a response from the data
processing device via the communications link that indicates
selection of an advertisement.

[b] based upon the
advertisement selection,
generate a fee record.

See Claim 33.

See Claim 1[h].
The Excite SB-2 discloses generating a fee record based upon the
advertisement selection.
See Claim 1[i].

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

The Excite SB-2 discloses wherein the server computer is further
operable to extract a toll based upon the fee record.
See Claim 2.

Claim 36
36. The server computer of
claim 34, wherein the
server computer is further
operable to direct the data
processing device to a
website corresponding to
the selection of the
advertisement.

The Excite SB-2 discloses wherein the server computer is further
operable to direct the data processing device to a website
corresponding to the selection of the advertisement.
See Claim 3.

Claim 37
37. The server computer of
claim 34, wherein the
server computer is further
operable to update

The Excite SB-2 discloses wherein the server computer is further
operable to update preference data for the user based upon the
selection of the advertisement.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-58

EXCITE

’970 Patent
preference data for the user
based upon the selection of
the advertisement.

See Claim 4.

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

The Excite SB-2 discloses wherein the search results and the at
least one advertisement are included in a web page.
See ’245 Patent Claim 9[i].

Claim 39
39. The server computer of
claim 33, wherein the
server computer, using the
at least one communication
interface, is operable to
interact with the database
search engine to receive an
advertisement that is
selected based upon at least
the search argument.

The Excite SB-2 discloses wherein the server computer, using the
at least one communication interface, is operable to interact with
the database search engine to receive an advertisement that is
selected based upon at least the search argument.
See Claim 8.

Claim 41
41. A method of operating
a server computer to
provide advertisements
comprising:

The Excite SB-2 discloses operating a server computer to provide
advertisements.

[a] the server computer
receiving from a data
processing device via at
least one communications
interface a search request
that includes a search
argument; and

The Excite SB-2 discloses receiving from a data processing device
via at least one communications interface a search request that
includes a search argument.

[b] the server computer
interacting with a database
search engine via the at
least one communications
interface to receive search
results from the database
search engine that are
selected based upon the
search argument;

The Excite SB-2 discloses interacting with a database search
engine via the at least one communications interface to receive
search results from the database search engine that were selected
based upon the search argument.

See Claim 33[preamble].

See Claim 33[c].

See Claim 33[d].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-59

EXCITE

’970 Patent
[c] the server computer
interacting with an
associative search engine
via the at least one
communications interface
to receive an advertisement
that is selected based upon
at least one of the search
argument and the search
results; and

The Excite SB-2 discloses interacting with an associative search
engine via the at least one communications interface to receive an
advertisement that was selected based upon at least one of the
search argument and the search results.

[d] the server computer
transmitting the search
results together with the at
least one advertisement via
the at least one
communications interface
to the data processing
device.

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the at least one
communications interface to the data processing device.

See Claim 33[e].

See Claim 33[f].

Claim 42
42. The method of claim
41, further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 41.

[a] the server computer
receiving a response from
the data processing device
via the at least one
communications interface
that indicates selection of
an advertisement; and

The Excite SB-2 discloses receiving a response from the data
processing device via the at least one communications interface
that indicated selection of an advertisement.

[b] based upon the
advertisement selection,
generating a fee record.

The Excite SB-2 discloses generating a fee record based upon the
advertisement selection.

See Claim 34[a].

See Claim 34[b].
Claim 43
43. The method of claim
41, further comprising the
server computer extracting
a toll based upon the fee
record.

The Excite SB-2 discloses extracting a toll based upon the fee
record.
See Claim 35.

Claim 44
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-60

’970 Patent

EXCITE

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

The Excite SB-2 discloses directing the data processing device to a
website corresponding to the selection of the advertisement.
See Claim 36.

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

The Excite SB-2 discloses updating preference data for the user
based upon the selection of the advertisement.
See Claim 37.

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

The Excite SB-2 discloses searching results and the at least one
advertisement were included in a web page.
See Claim 38.

Claim 47
47. The method of claim
41, further comprising the
server computer interacting
with an associative search
engine via the at least one
communication interface to
receive an advertisement
that is selected based upon
at least the search
argument.

The Excite SB-2 discloses interacting with an associative search
engine via the at least one communication interface to receive an
advertisement that is selected based upon at least the search
argument.
See Claim 39.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-61

EXCITE

’178 Patent
Claim 1
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:

The Excite SB-2 discloses an advertising machine implemented on
at least one computer to provide advertisements via a
communications link to a data processing device of a user.

[a] receiving from the data
processing device via the
communications link a
search request that includes
a search argument;

The Excite SB-2 discloses receiving a search request that includes
a search argument.

See ’970 Patent Claim 17[preamble].

See ’970 Patent Claim 17[a].

[b] searching at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See ’970 Patent Claim 17[b].
[c] selecting at least one
advertisement from an
advertisement database
relating to at least one of
the search argument and
the search results;

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database relating to at least one of the
search argument and the search results.

[d] transmitting the search
results together with the at
least one advertisement via
the communications link to
the data processing device;

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.

[e] receiving search
refinement input from the
data processing device via
the communications link;

The Excite SB-2 discloses receiving search refinement input from
the data processing device via the communications link.

See ’970 Patent Claim 17[c].

See ’970 Patent Claim 17[d].

See ’245 Patent Claim 8[a].

[f] producing modified
The Excite SB-2 discloses producing modified search results based
search results based upon at upon at least the search refinement input.
least the search refinement
input;
See ’245 Patent Claim 8[b] and [c].
[g] selecting at least one
other advertisement from
the advertisement database

The Excite SB-2 discloses selecting at least one other
advertisement from the advertisement database based upon at least
one of the search refinement input and the modified search results.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-62

EXCITE

’178 Patent
based upon at least one of
the search refinement input
and the modified search
results; and

[h] transmitting at least one
of the modified search
results and the at least one
other advertisement via the
communications link to the
data processing device.

See ’970 Patent Claim 17[c]
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Tables B2 & B3
The Excite SB-2 discloses transmitting at least one of the modified
search results and the at least one other advertisement via the
communications link to the data processing device.
See ’970 Patent Claim 17[d].

Claim 5
5. The method of claim 1,
wherein the search
refinement input comprises
at least one additional
search argument.

The Excite SB-2 discloses the search refinement input comprises
at least one additional search argument.
See ’245 Patent Claim 8[a].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B1

Claim 6
6. The method of claim 1,
wherein the search
refinement input comprises
additional search criteria.

The Excite SB-2 discloses wherein the search refinement input
comprised of additional search criteria.
See ’245 Patent Claim 8[a].
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B1

Claim 7
7. The method of claim 1,
wherein the at least one
advertisement includes a
link to a website
sponsoring the
advertisement.

The Excite SB-2 discloses wherein the at least one advertisement
includes a link to a website sponsoring the advertisement.
See ’970 Patent Claim 3.

Claim 8
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-63

EXCITE

’178 Patent
8. The method of claim 1,
further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.

See Claim 1
[a] determining, via
communication with the
data processing device that
the user does not select the
at least one advertisement;
and

The Excite SB-2 discloses determining via communication with
the data processing device that the user does not select the at least
one advertisement.

[b] updating advertisements
provided to the data
processing device based
upon a determination that
the user does not select the
at least one advertisement.

The Excite SB-2 discloses updating advertisements provided to the
data processing device based upon a determination that the user
does not select the at least one advertisement.

See ’970 Patent Claim 10[h].

See ’970 Patent Claim 12, 13.

Claim 9
9. The method of claim 1,
further comprising
selecting the at least one
advertisement based upon a
least one of user profile
data and user preference
data.

The Excite SB-2 discloses selecting the at least one advertisement
based upon a least one of user profile data and user preference
data.
See ’969 Patent Claim 2.

Claim 10
10. The method of claim 1,
further comprising
selecting the search results
based upon at least one of
user profile data and user
preference data.

The Excite SB-2 discloses selecting search results based upon at
least one of user profile data and user preference data.
See ’969 Patent Claims 1[b], [c] and 2.

Claim 12
12. 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

The Excite SB-2 discloses 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.
See Claim 1[preamble].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-64

EXCITE

’178 Patent
comprising:
[a] based upon interaction
with the user, creating a
search request that includes
a search argument;

The Excite SB-2 discloses based upon interaction with the user,
creating a search request that includes a search argument.

[b] transmitting to the
advertising machine via the
communications link the
search request that includes
the search argument;

The Excite SB-2 discloses transmitting to the advertising machine
via the communications link the search request that includes the
search argument.

[c] 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;

The Excite SB-2 discloses 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.

[d] displaying the search
results and the at least one
advertisement on a display
of the data processing
device;

The Excite SB-2 discloses displaying the search results and the at
least one advertisement on a display of the data processing device.

[e] based upon interaction
with the user, receiving
search refinement input;

The Excite SB-2 discloses based upon interaction with the user,
receiving search refinement input.

See Claim 1[a].

See Claim 1[a].

See Claim 1[d].

See Claim 1[d].

See Claim 1[e].
[f] transmitting the search
refinement input to the
advertising machine via the
communications link;

The Excite SB-2 discloses transmitting the search refinement input
to the advertising machine via the communications link.
See Claim 1[e].

[g] receiving modified
search results and at least
one other advertisement
from the advertising
machine that are based
upon at least the search
refinement input; and

The Excite SB-2 discloses receiving modified search results and at
least one other advertisement from the advertising machine that are
based upon at least the search refinement input.

[h] displaying the modified
search results and the at
least one other

The Excite SB-2 discloses displaying the modified search results
and the at least one other advertisement on the display of the data
processing device.

See Claim 1[h].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-65

EXCITE

’178 Patent
advertisement on the
display of the data
processing device.

See Claim 1[h].

Claim 14
14. The method of claim
12, wherein the search
refinement input comprises
at least one additional
search argument.

The Excite SB-2 discloses wherein the search refinement input
comprises at least one additional search argument.
See Claim 5.

Claim 15
15. The method of claim
12, wherein the search
refinement input comprises
additional search criteria.

The Excite SB-2 discloses wherein the search refinement input
comprises additional search criteria.
See Claim 6.

Claim 16
16. The method of claim
12, wherein the at least one
advertisement includes a
link to a website
sponsoring the
advertisement.

The Excite SB-2 discloses wherein the at least one advertisement
includes a link to a website sponsoring the advertisement.
See Claim 7.

Claim 17
17. The method of claim
12, further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 12.

[a] determining that the
user does not select the at
least one advertisement;
and

The Excite SB-2 discloses determining that the user did not select
the at least one advertisement.

[b] transmitting the
indication that the user
does not select the at least
one advertisement to the
advertising machine via the
communications link.

The Excite SB-2 discloses transmitting the indication that the user
did not select the at least one advertisement to the advertising
machine via the communications link.

See Claim 8[a].

See Claim 8[a].

Claim 18
18. The method of claim
12, further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-66

EXCITE

’178 Patent
See Claim 12.
[a] receiving user input to
indicate selection of the at
least one advertisement;
and

The Excite SB-2 discloses receiving user input to indicate
selection of the at least one advertisement.

[b] transmitting the
indication that the user
selects the at least one
advertisement to the
advertising machine via the
communications link.

The Excite SB-2 discloses transmitting the indication that the user
selected the at least one advertisement to the advertising machine
via the communications link.

See ’970 Patent Claim 1[h].

See ’970 Patent Claim 1[h].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-67

EXCITE

’183 Patent
Claim 1
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:

The Excite SB-2 discloses 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.

[a] receiving from the data
processing device via the
communications link a
search request that includes
a search argument;

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.

See ’970 Patent Claim 1[preamble].

See ’970 Patent Claim 1[a].

[b] searching at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See ’970 Patent Claim 1[b].
[c] selecting at least one
advertisement from an
advertisement database
based upon at least one of
the search argument and
the search results; and
[d] transmitting 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.

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database based upon at least one of the
search argument and the search results.
See ’970 Patent Claim 1[c].
The Excite SB-2 discloses transmitting 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.
See ’970 Patent Claim 1[d], ’969 Patent Claim 6.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-68

EXCITE

’183 Patent
Claim 2
2. The method of claim 1,
wherein the at least one
advertisement includes a
link to a website
sponsoring the
advertisement.

The Excite SB-2 discloses wherein the at least one advertisement
includes a link to a website sponsoring the advertisement.
See ’178 Patent Claim 7.

Claim 5
5. The method of claim 1,
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.

The Excite SB-2 discloses 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.
See Claim 1[d].

Claim 6
6. The method of claim 1,
wherein the at least one
computer is operated by a
search engine provider.

The Excite SB-2 discloses wherein the at least one computer is
operated by a search engine provider.
See Claim 1[preamble]
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B1

Claim 7
7. The method of claim 1,
further comprising
compiling user profile data
for the user based upon at
least the search term.

The Excite SB-2 discloses compiling user profile data for the user
based upon at least the search term.
See ’969 Patent Claims 2 and 3.

Claim 8
8. The method of claim 1,
further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 1.

[a] determining, via
communication with the
data processing device that

The Excite SB-2 discloses determining, via communication with
the data processing device that the user did not select the at least
one advertisement.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-69

EXCITE

’183 Patent
the user does not select the
at least one advertisement;
and
[b] using the determination
that the user does not select
the at least one
advertisement in
subsequent advertisement
selection operations.

See ’970 Patent Claim 10[h].
The Excite SB-2 discloses using the determination that the user
does not select the at least one advertisement in subsequent
advertisement selection operations.
See ’970 Patent Claims 11, 12, 13; ’178 Patent Claim 8.

Claim 9
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:

The Excite SB-2 discloses 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.

[a] based upon interaction
with the user, creating a
search request that includes
a search argument;

The Excite SB-2 discloses based upon interaction with the user,
the Excite SB-2 discloses created a search request that includes a
search argument.

See Claim 1[preamble].

See Claim 1[a].
[b] transmitting to the
advertising machine via the
communications link the
search request that includes
the search argument;

The Excite SB-2 discloses transmitting to the advertising machine
via the communications link the search request that includes the
search argument.

[c] 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;

The Excite SB-2 discloses 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.

[d] displaying the search
results in a first display
portion of a display of the
data processing device; and

The Excite SB-2 discloses displaying the search results in a first
display portion of a display of the data processing device.

See Claim 1[a].

See Claim 1[d].

See Claim 1[d].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-70

EXCITE

’183 Patent
[e] displaying the at least
one advertisement in a
second display portion of
the display of the data
processing device.

The Excite SB-2 discloses displaying the at least one
advertisement in a second display portion of the display of the data
processing device.
See Claim 1[d].

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

The Excite SB-2 discloses wherein the at least one advertisement
includes a link to a website sponsoring the advertisement.
See Claim 2.

Claim 11
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.

The Excite SB-2 discloses 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.
See Claim 5.

Claim 12
12. The method of claim 9,
further comprising
transmitting user
preference data to the
advertising machine via the
communications interface.

The Excite SB-2 discloses transmitting user preference data to the
advertising machine via the communications interface.
See ’245 Patent Claim 1[a, b].

Claim 13
13. The method of claim 9,
further comprising:

To the extent that this preamble may be construed to be limiting,
the Excite SB-2 discloses this method.
See Claim 9.

[a] determining, via
communication with the
data processing device that
the user does not select the
at least one advertisement;
and

The Excite SB-2 discloses determining, via communication with
the data processing device that the user did not select the at least
one advertisement.

[b] using the determination

The Excite SB-2 discloses using the determination that the user

See Claim 8[a].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-71

EXCITE

’183 Patent
that the user does not select
the at least one
advertisement in
subsequent advertisement
selection operations.

does not select the at least one advertisement in subsequent
advertisement selection operations.
See Claim 8[b].

Claim 14
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 a user, the advertising
machine comprising:

The Excite SB-2 discloses an advertising machine implemented on
at least one computer and operable to provide advertisements via a
communications link to a data processing device of a user.

[a] a communications
interface operable to
interface with the data
processing device of the
user via the
communications link;

The Excite SB-2 discloses a communications interface operable to
interface with the data processing device of the user via the
communications link.

[b] a database search
engine operable to:

The Excite SB-2 discloses a database search engine.

See Claim 1[preamble].

See Claim 1[a].

See Claim 1[b].
[c] receive from the data
processing device via the
communications link a
search request that includes
a search argument; and

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.
See Claim 1[a].

[d] search at least one
The Excite SB-2 discloses searching at least one database using
database using the search
the search argument to produce search results.
argument to produce search
results;
See Claim 1[b].
[e] 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 Excite SB-2 discloses 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.

[f] the advertising machine

The Excite SB-2 discloses transmitting the search results together

See Claim 1[c].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-72

’183 Patent

EXCITE

operable to 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.

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.
See Claim 1[d].

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

The Excite SB-2 discloses wherein the at least one advertisement
includes a link to a website sponsoring the advertisement.
See Claim 2.

Claim 18
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.

The Excite SB-2 discloses 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.
See Claim 5.

Claim 20
20. The advertising
machine of claim 14,
wherein the advertising
machine is further operable
to compile user profile data
for the user based upon at

The Excite SB-2 discloses wherein the advertising machine is
further operable to compile user profile data for the user based
upon at least the search term.
See Claim 7.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-73

EXCITE

’183 Patent
least the search term.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-74

EXCITE

’883 Patent
Claim 1
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:

The Excite SB-2 discloses 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.

[a] creating user profile
data for the user;

The Excite SB-2 discloses creating user profile data for the user.

See ’245 Patent Claim 1[preamble].

See ’245 Patent Claim 1[b].
[b] storing the user profile
data;

The Excite SB-2 discloses storing the user profile data.
See ’245 Patent Claim 1[b]
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.: Table
B4

[c] receiving from the data
processing device via the
communications link a
search request that includes
a search argument;

The Excite SB-2 discloses receiving from the data processing
device via the communications link a search request that includes a
search argument.

[d] searching at least one
database having data
network related
information using the
search argument to
generate search results;

The Excite SB-2 discloses searching at least one database having
data network related information using the search argument to
generate search results.

[e] selecting at least one
advertisement from an
advertisement database
relating to the search
argument using the user
profile data; and

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database relating to the search argument
using the user profile data.

[f] transmitting the search
results together with the at
least one advertisement via

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.

See ’245 Patent Claim 1[c].

See ’245 Patent Claim 1[d].

See ’245 Patent Claim 1[e].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-75

EXCITE

’883 Patent
the communications link to
the data processing device.

See ’245 Patent Claim 1[f].

Claim 2
2. The method of claim 1,
wherein the user profile
data includes prior
purchasing information
regarding the user.

The Excite SB-2 discloses wherein the user profile data includes
prior purchasing information regarding the user.
See ‘969 Patent Claim 2.
To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4

Claim 3
3. The method of claim 1,
wherein storing the user
profile data comprises
storing the user profile data
in a user profile database of
the advertising machine.

The Excite SB-2 discloses wherein storing the user profile data
comprises storing the user profile data in a user profile database of
the advertising machine.
See Claim 1[b].

Claim 4
4. The method of claim 1,
wherein storing the user
profile data comprises
storing the user profile data
on the data processing
device.

The Excite SB-2 discloses wherein storing the user profile data
comprises storing the user profile data on the data processing
device.
See Claim 1[b].

Claim 5
5. The method of claim 1,
wherein the user profile
data is based upon prior
search history of the user.

The Excite SB-2 discloses wherein the user profile data is based
upon prior search history of the user.
See ’245 Patent Claim 7.

Claim 6
6. The method of claim 1,
wherein the user profile
data is based upon user
interests selected from the
group consisting of social
interests, family interests,
political interests,
technological interests,

The Excite SB-2 discloses wherein the user profile data is based
upon user interests selected from the group consisting of social
interests, family interests, political interests, technological
interests, geographical interests, environmental interests, and
educational interests.
See ‘969 Patent Claim 2.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-76

EXCITE

’883 Patent
geographical interests,
environmental interests,
and educational interests.

To the extent this reference does not teach this claim element, this
reference in combination with the knowledge of one of ordinary
skill in the art renders this claim element obvious. See, e.g.:
Table B4.

Claim 7
7. The method of claim 1,
further comprising
updating the user profile
data based upon the search
argument.

The Excite SB-2 discloses updating the user profile data based
upon the search argument.

See ’969 Patent Claim 3.

Claim 8
8. The method of claim 1,
The Excite SB-2 discloses updating the user profile data using data
further comprising
obtained via interaction with the data processing device.
updating the user profile
data using data obtained via See ‘969 Patent Claim 2.
interaction with the data
processing device.
Claim 9
9. The method of claim 1,
further comprising sorting
the search results based
upon the user profile data.

The Excite SB-2 discloses sorting the search results based upon
the user profile data.
See ‘969 Patent Claims 1[b], [d], and [2].

Claim 10
10. The method of claim 1,
wherein searching at least
one database having data
network related
information using the
search argument to
generate search results and
selecting at least one
advertisement from an
advertisement database
relating to the search
argument using the user
profile data comprise
accessing distinct differing
databases.

The Excite SB-2 discloses searching at least one database having
data network related information using the search argument to
generate search results and selected at least one advertisement
from an advertisement database relating to the search argument
using the user profile data comprise accessing distinct differing
databases.
See ’969 Patent Claim 1[b] and [c].

Claim 20
20. An advertising machine

The Excite SB-2 discloses an advertising machine implemented on

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-77

’883 Patent

EXCITE

implemented on at least
one computer and operable
to provide advertisements
via a communications link
to a data processing device
of a user, the advertising
machine comprising:

at least one computer and operable to provide advertisements via a
communications link to a data processing device of a user.
See Claim 1[preamble].

[a] a communications
interface operable to
interface with the data
processing device of the
user via the
communications link;

The Excite SB-2 discloses a communications interface operable to
interface with the data processing device of the user via the
communications link.

[b] a database search
engine operable to:

The Excite SB-2 discloses a database search engine.

See Claim 1[c].

See Claim 1[d].
[c] receive from the data
processing device via the
communications interface a
search request that includes
a search argument; and

The Excite SB-2 discloses receiving from the data processing
device via the communications interface a search request that
included a search argument.

[d] search at least one
database having data
network related
information using the
search argument to
generate search results;

The Excite SB-2 discloses searching at least one database having
data network related information using the search argument to
generate search result.

[e] an associative search
engine operable to:

The Excite SB-2 discloses an associative search engine.

See Claim 1[c].

See Claim 1[d].

See Claim 1[e].
[f] create user profile data
for the user;

The Excite SB-2 discloses creating user profile data for the user.
See Claim 1[a].

[g] store the user profile
data; and

The Excite SB-2 discloses storing the user profile data.
See Claim 1[b].

[h] select at least one
advertisement from an
advertisement database
relating to the search
argument using the user

The Excite SB-2 discloses selecting at least one advertisement
from an advertisement database relating to the search argument
using the user profile data.
See Claim 1[e].

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-78

EXCITE

’883 Patent
profile data; and
[i] the advertising machine
operable to transmit the
search results together with
the at least one
advertisement via the
communications link to the
data processing device.

The Excite SB-2 discloses transmitting the search results together
with the at least one advertisement via the communications link to
the data processing device.
See Claim 1[f].

Claim 21
21. The advertising
machine of claim 20,
wherein the user profile
data includes prior
purchasing information
regarding the user.

The Excite SB-2 discloses wherein the user profile data includes
prior purchasing information regarding the user.
See Claim 2.

Claim 22
22. The advertising
machine of clam 20,
wherein the associative
search engine is operable to
store the user profile data
in a user profile database of
the advertising machine.

The Excite SB-2 discloses wherein the associative search engine is
operable to store the user profile data in a user profile database of
the advertising machine.
See Claim 3.

Claim 23
23. The advertising
machine of claim 20,
wherein the associative
search engine is operable to
transmit the user profile
data via the
communications interface
to the data processing
device for storage.

The Excite SB-2 discloses wherein the associative search engine is
operable to transmit the user profile data via the communications
interface to the data processing device for storage.
See Claim 4.

Claim 24
24. The advertising
machine of claim 20,
wherein the user profile
data is based upon prior
search history of the user.

The Excite SB-2 discloses wherein the user profile data is based
upon prior search history of the user.
See Claim 5.

Claim 25
GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-79

EXCITE

’883 Patent
25. The advertising
machine of claim 20,
wherein the user profile
data is based upon user
interests selected from the
group consisting of social
interests, family interests,
political interests,
technological interests,
geographical interests,
environmental interests,
and educational interests.

The Excite SB-2 discloses wherein the user profile data is based
upon user interests selected from the group consisting of social
interests, family interests, political interests, technological
interests, geographical interests, environmental interests, and
educational interests.
See Claim 6.

Claim 28
28. The advertising
machine of claim 20,
wherein the at least one
database having data
network related
information and the
advertisement database
comprise distinct differing
databases.

The Excite SB-2 discloses wherein the at least one database having
data network related information and the advertisement database
comprise distinct differing databases.
See Claim 10.

GOOGLE’S INVALIDITY CONTENTIONS
CHART A-41

PAGE A-41-80