Rockstar Consortium US LP et al v. Google Inc

Filing 92

MOTION for Leave to File A Supplemental Brief In Response To Googles Motion To Transfer In Light Of Newly-Acquired Evidence by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File a Supplemental Brief In Response to Google's Motion to Transfer in Light of Newly-Acquired Evidence, # 2 Supplement Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 3 Affidavit of Amanda Bonn In Support of Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(Bonn, Amanda)

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Exhibit 12 US007844488B2 (12) United States Patent (lO) Patent No.: US 7,844,488 B2 (45) Date of Patent: Nov. 30, 2010 Merriman et al. (54) METHOD OF DELIVERY, TARGETING, AND MEASURING ADVERTISING OVER NETWORKS (75) Inventors: D~vight Allen Merriman, New York, NY (US); Kevin Joseph O’Connor, New York, NY (US) (73) Assignees: DoubleClick Inc., New York, NY (US); Google Inc., Mountain View, CA (US) (*) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 641 days. (21) Appl. No.: 10/798,342 (22) Filed: 9/1989 2/1991 6/1991 3/1992 4/1992 10/1992 11/1992 Hey Hey Baji et al. Foresman etal. Pirani et al. Wachob Kimetal. (Continued) FOREIGN PATENT DOCUMENTS DE 19528911 A1 2/1997 Mar. 12, 2004 (65) Prior Publication Data US 2004/0172332 A1 Sep. 2, 2004 Related U.S. Application Data (60) 4,870,579 A 4,996,642 A 5,027,400 A 5,099,422 A 5,105,184 A 5,155,591 A 5,166,866 A Division of application No. 10/254,923, filed on Sep. 26, 2002, wlfich is a continuation of application No. 09/293,463, filed on Apr. 15, 1999, now abandoned, which is a continuation of application No. 08/738,634, filed on Oct. 29, 1996, now Pat. No. 5,948,061. (Continued) OTHER PUBLICATIONS 17625888; Java and Blackbird: extending the Web . . . ; Seybold Reoport on Publishing Systems; Oct. 23, 1995. (Continued) Primary Examine~Ronald Laneau (74) Attorney, Agent, or Firm~ish & Richardson RC. (51) Int. Cl. ABSTRACT (57) GO6Q 30/00 (2006.01) 705/14 (52) U.S. Cl ......................................................... (58) Field of Classification Search ................... 05/14, 7 705/26, 27, 6, 71; 709/245, 218, 224 Methods and apparatuses for targeting the delivery of advertisements over a network such as the Internet are disclosed. See application file for complete search history. Statistics are compiled on individual users and networks and References Cited (56) the use of the advertisements is tracked to permit targeting of the advertisements of individual users. In response to requests U.S. PATENT DOCUMENTS from affiliated sites, an advertising server transmits to people 4,602,279 A 7/1986 Freeman accessing the page of a site an appropriate one of the adver4,703,423 A 10/1987 Bado et al. tisement based upon profiling of users and networks. 4,775,935 A 10/1988 Yourick 4,789,235 A 4,850,007 A 12/1988 7/1989 Borah et al. Marino et al. 17 Claims, 2 Drawing Sheets GOOG-WRD-0019308 US 7,844,488 B2 Page 4 Microsoft Press Computer Dictionary Third Edition, 1997, p. 387 "proxy server". Bill Harvey, The Expanded ARF Model: Bridge to the Accountable Advertising Future, Journal of Advertising Research, Mar./Apr. 1997, pp. 11-20. Cespedes & Smith, Database Marketing: New Rules for Policy and Practice, Sloan Management Review, Summer, 1993, pp. 7-22. Preston Gralla, How the Internet Works, Aug. 1999, Millennium Edition, 202-204 and 243-247. Miller, B., "GroupLens: An Open Architecture for Collaborative Filtering," ftp://ftp.cs.umn.edu/users/bmiller/prop.ps, Univ. of Minn., pp. 1-18, Oct. 1995. Upendra Shardanand, "Social Information Filtering for Music Recommendation" Sep. 1994, pp. 1-93, Massachusetts Institute of Technology, Thesis. "WWW.barnesandnoble.com" ("WWW.tirefly.com"), web site pages, 12 pages, printed out on Jan. 21, 1998 (origination date unknown). "WWW.amazon.com", web site pages, 15 pages, printed out on Jan. 21, 1998 (origination date unknown). Microsoft Press Computer Dictionary Third Edition, 1997, pp. 271 ("junction"), 285 ("link"), 331 ("node"). 51 st IETF~hois enhancement BOF (whoisfix), Aug. 1,2001. Doubleclick Measures Beyond the Click With New "Spotlight" Software, Sep. 4, 1996, Doubleclick. Doubleclick Unveils Internet Ad Tracking Product, Sep. 4, 1996, Renter Financial Report. Doubleclick Shines Its Spotlight, Sep. 5, 1996, Advertising Age Interactive Daily. Spotlight on Doubleclick, Sep. 13, 1996, Information & Interactive Serv-ices Report. Tracking Services Tallies Ad Response, Online Orders, Sep. 16, 1996, DMNews. Luring in Customers ViaWeb Advertising, Oct. 1996, Business Strategies. LinkMarket Business Plan; David Zinman et al.; SD005545SD005569. LinkMarket; David Zinman et al.; SD005573-SD005574. "Online Marketing: ... "; Internet Week, vol. 1, Issue 36; Dec. 18, 1995; SD005584-SD005585. David Zinman; http://www.focalink.com/dzinman/bio.html; SD005586. "Seeing A Gap... "; Ellis Booker; http://www.internetworld.corn/ print/1996/02/01/industry/ad-server.html; Feb. 1996; SD005587. "readme. lst;... "; David Evans; Marketing Computers, No. 2, vol. 16, p. 12; Feb. 1996; SD005588-SD005589. "FocalinkWill Monitor... "; JuliaAngwin; San Francisco Chronicle; Feb. 7, 1996; SD005590. "Media Daily Special:... "; Sean Butterbaugh; Media Daily, No. 5, vol. 4; Feb. 7, 1996; SD005591-SD005592. "Internet Access: Major Companies... "; Edge: Work-Group Computing Report; Feb. 12, 1996; SD005593-SD005594. "Internet Access: First Advertising... "; Edge: Work-Group Computing Report; Feb. 12, 1996; SD005595-SD005596. "Internet Access: Major Companies... "; Edge: Work-Group Computing Report; Feb. 12, 1996; SD005597-SD005598. "Another Media-Buying Firm... "; Media Daily, No. 5, vol. 4; Feb. 14, 1996; SD005599-SD005601. "Working the Web;... "; Jennifer Reese; Executive Female, No. 2, vol. 19, p. 24; Mar. 13, 1996; SD005602-SD005604. "Web ad-management software . . . "; John Evan l~rook; InternetWeek; Mar. 18, 1996; SD005605-SD005607. "Unraveling a tangled Web;... "; Ken Siegmann; PC Week, No. 15, vol. 13, p. A4; Apr. 15, 1996; SD005608-SD005610. "Web Site Links: ... "; Electronic Marketplace Report, No. 16, vol. 9; Aug. 22, 1995; SD005611-SD005613. "Interactive Media & Marketing . . . "; Advertising Age; Dec. 11, 1995; SD005614-SD005615. "Major Companies, AdAgencies... "; Business Wire; Feb. 5, 1996; SD005616-SD005617. "First Advertising Server Launched... "; Business Wire; Feb. 5, 1996; SD005618-SD005619. "Interactive; Focalink and Doubleclick... "; Kim Cleland; Advertising Age, p. 30; Feb. 5, 1996, SD005620-SD005621. "First Advertising Server Launched . . . "; Business Wire; Feb. 5, 1996; SD005622-SD005623. "Major Companies, Ad Agencies... "; Business Wire; Feb. 5, 1996; SD005624-SD005625. Web Personals Report; Oct. 12, 1995; Z00001-Z00009 / SD027072SD027080. FocaLink Technology; Aug. 30, 1995; Z00010-Z00011 / SD027081SD027082. Web Personals stats; Aug. 22, 1995; Z00012-Z00013 / SD027083SD027084. For Immediate Release; Hyperlink Advertising Explodes on the World Wide Web; http://link.w3.com; Z00014 / SD027085. Interactive Age; The Newspaper for Electronic Commerce; Z00015Z00019 / SD027086-SD027090. Link Ma~keting, LLP; Z00020-Z00021 / SD027091-SD027092. Link Marketing; Z00022-Z00027 / SD027093-SD027098. LinkMarket; David Zinman et al.; Z00028-Z00030 / SD027099SD027101. LinkMarket; David Zinman et al.; Z00031-Z00032 / SD027102SD027103. LinkMarket; David Zinman et al.; Z00033-Z00056 / SD027104SD027127. FocalLink Media Services, Inc.; David Zinman et al.; Aug. 2, 1995; Z00057-Z00070 / SD027128-SD027141. Saturn Banner Ad Placement; Aug. 25, 1995; Z00071 / SD027142. Sponsorable Site~ddle du Jour; Aug. 26, 1995; Z00072-Z00074 / SD027143 -SD027145. Saturn Banner Ad Placement; Aug. 27, 1995; Z00075 / SD027146. FocaLink Technology; Aug. 30, 1995; Z00076-Z00077 / SD027147SD027148. Question for you; Sep. 7, 1995; Z00078-Z00079 / SD027149SD027150. Information Request; Sep. 12, 1995; Z00080 / SD027151. Update and Miscellaneous; Sep. 22, 1995; Z00081-Z00083 / SD027152-SD027154. FocalLink: request for ISN ad traffic data (fwd); Sep. 26, 1995; Z00084-Z00085 / SD027155-SD027156. Saturn Ad Placements; Sep. 28, 1995; David Zinman; Z00086 / SD027157. Re> Saturn Ad Placements; Sep. 29, 1995; Adam@ntne.co; Z00087 / SD027158. Re: Advertising Update; Oct. 3, 1995; Eric Ver Ploeg; Z00088Z00089 / SD027159-SD027160. Re>>Saturn Ad Placements; Sep. 29, 1995; wigley@utne.com; Z00090 / SD027161. Re: Test Parameters (fwd); Oct. 23, 1995; Jason Strober; Z00091Z00092 / SD027162-SD027163. Re: Rest Parameters; Oct. 23, 1995; Jason Strober; Z00093-Z00094 / SD027164-SD027165. Proposal (fwd); Oct. 23, 1995; Jason Strober; Z00095-Z00096 / SD027166-SD027167. Advertising advisory board; Oct. 25, 1995; David Zinman; Z00097Z00099 / SD027168-SD027170. Contact at Netcom; Oct. 26, 1995; David Zinman; Z00100 / SD027171. CMP Technical Contact; Oct. 30, 1995; Jason Strober; Z00104 / SD027172. from ad age today . . . ; Oct. 30, 1995; Karen Johnson; Z00105ZOO 106 / SD027173-SD027174. We need to get on this; Oct. 31, 1995; David Zinman; Z00107 / SD027175. Web site pricing draft; Nov. 7, 1995; Jason Strober; Z00108 / SD027176. Heads up... (fwd); Nov. 8, 1995; David Ziuman; ZOO 109-Z00110 / SD027177-SD027178. Proposal to Intel; Nov. 13, 1995; Jason Strober; Z0011 l-Z00114 / SD027179-SD027182. FocaLink white paper; Nov. 13, 1995; Jason Strober; Z00115Z00116 / SD027183-SD027184. FocaLink Media Services; Nov. 14, 1995; David Zinman; Z00117Z00119 / SD027185-SD027187. GOOG-WRD-00193088 US 7,844,488 B2 Page 5 I/Traffic & Dave Carlick; Nov. 14, 1995; David Zinman; Z00120 / SD027188. FocaLink white paper; Nov. 15, 1995; David Zimnan; Z00121Z00123 / SD027189-SD027191. Re: FocaLink Meeting (fwd); Nov. 20, 1995; Karen Johnson; Z00124-Z00125 / SD027192-SD027193. Microsoft ads through FocaLink; Nov. 21, 1995; Jason Strober; Z00126 / SD027194. Re: Who’s in and who’s out (fwd); Nov. 21, 1995; Jason Strober; Z00127-Z00128 / SD027195-SD027196. Intel update (fwd); Nov. 23, 1995; Jason Strober; Z00129-Z00130 / SD027197-SD027198. Saturn reports; Dec. 5, 1995; Jennifer Ratner; Z00134-Z00140 / SD027199-SD027205. November Report; Dec. 5, 1995; Jennifer Ratner; Z00141-Z00146 / SD027206-SD027211. FocaLiitk Media Services; Dec. 6, 1995; David Zinman; Z00147 / SD027212. FocaLink Media Services; Dec. 6, 1995; David Zinman; Z00148 / SD027213. FocaLink Media Services; Dec. 6, 1995; David Zinman; Z00149 / SD027214. FocaLink for the Layman; Dec. 6, 1995; David Zinman; Z00150 / SD027215. Microtargeting; Dec. 7, 1995; David Zinman; Z00151 / SD027216. Info on FocaLink Media Services; Dec. 11, 1995; David Zinman; Z00152-Z00154 / SD027217-SD027219. FocaLink Media Services; Dec. 11, 1995; David Zinman; Z00155Z00156 / SD027220-SD027221. Catch-up time; Dec. 11, 1995; David Zinman; Z00157 / SD027222. Info on FocaLink; Dec. 13, 1995; David Zinman; Z00158-Z00160 / SD027223-SD027225. Intel Ad on Dilbert Site; Dec. 13, 1995; David Zinman; Z00161 / SD027226. Re: Intel Ad on Dilbert Site; Dec. 13, 1995; David Zinman; Z00162 / SD027227. FocaLink Beta Test on SmartBanner; Dec. 14, 1995; David Zinman; Z00163 / SD027228. I/Pro Mtg Today; Dec. 19, 1995; David Zinman; Z00164 / SD027229. Eric Smith Quote (fwd); Jan. 10, 1996; David Zinman; Z00165 / SD027230. FocaLink Communications, Inc.; Jan. 10, 1996; David Zinman; Z00166 / SD027231. Re: Advertisers for wyp.net; Jan. 12, 1996; David Zinman; Z00167 / SD027232. Quote for Press Release; Jan. 15, 1996; David Zinman; Z00168 / SD027233. Re: Quote for Press Release; Jan. 16, 1996; "thomas mark"; Z00169 / SD027234. Re: Quote for Press Release (fwd); Jan. 16, 1996; David Zinman; Z00170-Z00171 / SD027235-SD027236. Re> **Ad Placement Notific; Jan. 19, 1996; Dan Stoller@anlsf. com; ZOO 172-Z00173 / SD027237-SD027238. Invitation; Jan. 25, 1996; wilkins@eit.com; Z00174 / SD027239. Focalink; Jan. 25, 1996; David Zinman; Z00175 / SD027240. SmartBanner Reports; Jan. 25, 1996; David Zinman; Z00176 / SD027241. Re: Focalink; Jan. 26, 1996; Rick Vorhaus; ZOO 177 / SD027242. Comments; Jan. 29, 1996; David Zinman; Z00178-Z00182 / SD027243-SD027247. Poppe Tyson/Internet Advertising Network Alliance; Feb. 26, 1996; Ron Kovas; Z00183 / SD27248. fyi; Feb. 5, 1996; "Roger Follis"; Z00184-Z00185 / SD027249SD027250. Focalink Communications; Feb. 5, 1996; David Zinman; Z00186Z00188 / SD027251-SD027253. Microsoft Update; Feb. 5, 1996; Margaret Bond; Z00189 / SD027254. Focalink Communications; Feb. 6, 1996; David Zinman; Z00190Z00192 / SD027255-SD027257. Focalink Communications; Feb. 6, 1996; David Zinman; Z00193Z00195 / SD027258-SD027260. Focalink Communications; Feb. 6, 1996; David Zinman; Z00196ZOO 198 / SD027261-SD027263. [Fwd: Re: DoubleClick and IAN]; Feb. 6, 1996; Jason Strober; ZOO 199 / SD027264. Focalink Communications; Feb. 6, 1996; David Zinman; Z00200Z00202 / SD027265-SD027267. Test With Focalink; Feb. 7, 1996; David Zinman; Z00203 / SD027268. Urgent~icrosoft Ad Placement; Feb. 7, 1996; David Zinman; Z00204 / SD027269. Test for Microsoft Banner; Feb. 8, 1996; Joel Bassuk; Z00205 / SD027270. ZDNet Test; Margaret Bond; Feb. 8, 1996; Z00206 / SD027271. URLs; Feb. 8, 1996; Dan Stoller; Z00207-Z00208 / SD027272SD027273. HeadsUp Feb. 9, 1996 (20 stories)<CD58M010>; Feb. 9, 1996; An Information Service of Individual Inc.; Z00209-Z00212 / SD027274SD027277. Focalink Communications; Feb. 13, 1996; David Zinman; Z00213 / SD027278. Targeting; Feb. 13, 1996; Michael Wang; Z00214 / SD027279. Re: Cookies!; Feb. 15, 1996; David Zinman; Z00215 / SD027280. Focalink; Feb. 22, 1996; Jason Strober; Z00216 / SD027281. Focalink/Microsoft I.E.; Feb. 23, 1996; Margee Bond; Z00217Z00218 / SD027282-SD027283. Cookies; Mar. 6, 1996; David Zinman; Z00219 / SD027284. Did I send this 2x; Apr. 3, 1996; Z00220-Z00222 / SD027285SD027287. Answer to your request; Apr. 8, 1996; Z00223 / SD027288. Site Letter; Apr. 10, 1996; Z00224-Z00225 / SD027289-SD027290. Oracle and Intel; Apr. 12, 1996; Z00226 / SD027291. Doubleclick; Apr. 16, 1996; Z00227 / SD027292. Open Market Licenses With NetGravity; May 6, 1996; Z00228 / SD027293. Fact check; May 12, 1996; Z00229 / SD027294. IDG; May 17, 1996; Z00230-Z00231 / SD027295-SD027296. Daily Spectrum; May 20, 1996; Z00232-Z00242 / SD027297SD027307. Fact check; May 20, 1996; Z00243 / SD027308. Cookie FAQ; May 21, 1996; Z00244 / SD027309. Focalink Communications; May 21, 1996; Z00245-Z00246 / SD027310-SD027311. Network World Fusion; May 22, 1996; Z00247 / SD027312. Eooming issue; Jul. 13, 1996; Z00248-Z00249 / SD027313SD027314. Cookies & privacy ? / Gernan Press; Jul. 15, 1996; Z00250 / SD027315. Cookies & privacy ? / German Press; Jul. 16, 1996; Z00251 / SD027316. DoubleClick; Sep. 5, 1996; Z00252-Z00253 / SD027317SD027318. Infoseek Business Terms; Sep. 7, 1996; Z00254-Z00256 / SD027319-SD027321. SmartBanner ads on HotWired; Sep. 11, 1996; Z00257 / SD027322. Statement of Work; Sep. 23, 1996; Z00258-Z00259 / SD027323SD027324. NetGravity Releases Adserver 2.0; Oct. 21, 1996; Z00260-Z00263 / SD027325-SD027328. "Focalink"; DC004278A. "FocaLink Services"; FocaLink Media Services, Inc.; DC004278BDC004278C. "Welcome to Focalink!"; Focalink Communications; DC004278DDC004278CC. Focalink Communications; "Welcome to Focalink!"; DC004278DD-DC004278XX. "Link Marketing"; handwritten page; MA0001. "Link Marketing"; LinkMarket; MA0002-MA0007. "LinkMarket"; David Zinman et al.; MA0008-MA0027. "Link Marketing, LLP"; MA0028-MA0029. "Link Marketing LLP"; MA0030-MA0038. "Escapes"; Web page; MA0039-MA0040. "Industry Overview"; FocaLink Media Services, Inc.; MA0041MA0053. GOOG-WRD-00193089 US 7,844,488 B2 Page 6 "Executive Summary"; Focalink Communications Confidential; printed Jul. 30, 1997; MA0054-MA0109. "Focalink Communications"; Feb. 1996; MA0110-MA0149. Business Wire (New York, Nov. 17, 1998), "i33 Communications Links Personal Finance Sites with Dynamic Investment Research Banners; Quote.com and Multex Partner Using i33’s AdMaximize Technology". Link Marketing Business Plan, dated May 11, 1995, 2 pages. E-mail re Web site pricing draft, dated Tuesday, Nov. 7, 1995, 10:55 a.m., 1 page. E-mail re Microsoft ads through FocaLink, dated Tuesday, Nov. 21, 1995, 14:02 p.m., 1 page. E-mail re November Report, dated Tuesday, Dec. 5, 1995, 12:55 p.m., 6 pages. E-mail re Saturn Reports, dated Tuesday, Dec. 5, 1995, 12:40 p.m., 7 pages. E-mail re Intel Report Nov. 27, 1995 - Dec. 3, 1995, mailed Tuesday Dec. 12, 1995, 5:35 p.m., 15 pages. Brochure: Welcome to Focalink!, dated Mar. 14, 1996, 24 pages. E-mail re FYI, mailed Feb. 5, 1996, 7:08 a.m., 2 pages. E-mail re Proposal to Intel, mailed Monday, Nov. 13, 1995, 22:56 p.m., 4 pages. Declaration of Dwight Allen Merriman, signed Feb. 9, 2001, 10 pages. Google’s Preliminary Invalidity Contentions, dated Jun. 26, 2009, 12 pages. Exhibits A and B, 60 pages, dated Jun. 26, 2009. Link Marketing Business Plan, dated May 28, 1995, 6 pages. Link Marketing Business Plan, dated Jun. 6, 1995, 24 pages. * cited by examiner GOOG-WRD-0019309 U.S. Patent Nov. 30, 2010 Sheet 1 of 2 US 7,844,488 B2 FIG. PROCESS | ADVERTISER’S ~B SITE L AFFILIATE ~B SITE I HTTP PROTOCOL FIG. DERIVE PROFILE PROCESS 5~ REPORT PROCESS #,,,...- 5 DATABASE ~54 AO SERVER PROCESSES MANAGEMENT ~OCESS GOOG-WRD-0019309 U.S. Patent Nov. 30, 2010 Sheet 2 of 2 US 7,844,488 B2 z! GOOG-WRD-0019309 US 7,844,488 B2 1 2 advertisements and to acquire as much information about those people responding to the advertisements for targeting those same people at later dates. Therefore, it is a first object of this invention to provide CROSS-REFERENCE TO RELATED targeting of advertising over networks such as the Internet. It APPLICATIONS is a second object of this invention to provide control over frequency of exposure to users for advertisements appearing This is a divisional of U.S. patent application Ser. No. on web pages over time. It is a third object of the invention to 10/254,923, filed on Sep. 26, 2002, pending, which is a conprovide the capability to gather information about recipients tinuation of U.S. patent application Ser. No. 09/293,463, filed 10 of the advertisement. onApr. 15, 1999, abandoned, which is a continuation of U.S. SUMMARY OF THE INVENTION patent application Ser. No. 08/738,634, filed on Oct. 29, 1996, issued as U.S. Pat. No. 5,948,061, currently in reissue under Reissue application Ser. No. 09/577,798, filed May 24, 2000. These and other objects of the invention are achieved by the 15 disclosed system and methods. Information about networks BACKGROUND OF THE INVENTION and subnetworks is routinely collected. In addition, information about individual users is also gathered when users select 1. Area of the Art (click on) different advertisements. Also, data is tracked on This invention relates to methods of delivery of advertisehow often a given advertisement has been displayed, how ments and measuring responses to those delivered advertise- 2o often a given user has seen a given advertisement, and other ments and in particular relates to the targeting of advertiseinformation regarding the user and the frequency of the disments delivered over networks such as the Internet. play of the advertisement 2. Description of the Prior Art To effect such a capability, an advertising server process is In advertising, it is considered highly desirable to target provided as a node on the network. The various advertiseadvertisements to the appropriate potential customer base, 25 ments are stored on the network of the server and preferably rather than to broadcast advertisements in general. It has long on the server. When, for example, a user using a web browser been known that, for example, advertisements for computers accesses a web page that is affiliated with the advertising should generally not appear in magazines on gardening and, server process, the affiliated page’s encoding includes an conversely, advertisements for gardening tools should not embedded reference to an object provided by the advertising appear in magazines on computers. Similarly, advertisers 3o server process. That causes the user’s browser to contact the have generally targeted their advertisements on television to advertising server process to provide the advertising image or programs appropriate for the desired customer base. information that will appear on the accessed web page as It has also long been known that an advertisement that is displayed by the user’s browser. Using the ad&cess information and/or other information passed by the browser for the repeated too often will eventually become ignored by consumers. Therefore, an advertiser typically wishes to eliminate 35 user, including the page being accessed by the user, the adverduplication and reach as many individuals in the advertiser’s tising server process determines an appropriate advertisetarget group as possible. ment to select for the particular user. In addition, the adverThe recent development of on-line networks, such as tising server process will use information such as the number America On-Line, Compuserve, and the Internet, has led to of times the user has seen various advertisements, how often "on-line" advertising. For example, on the Internet, often 4o the advertisement has been seen by any user and the start and such on-line advertisements will appear on a web page, such stop date for the various advertisements to select which adveras a banner on the top or the bottom of the page. When the user tisement to transmit to the user’s web page for display. vie~vs a web page using a browser such as Internet Explorer 3 If the user decides to respond to the advertisement selected or Netscape 3, the banner appears at the appropriate location by the web server by clicking on the advertisement, the adverand the user may then try to find out more information regard- 45 tising server process logs that fact and to have more informaing the advertisement by selecting the advertisement (clicktion about the given user. A derive profile process is used for ing through on that banner) through the use of the mouse or compiling information on TCP/IP networks for use by the other pointing device. This will cause a HTTP message to be advertising server process. By compiling the information on generated by the browser using the information encapsulated networks and user selections, the advertising server process is in association with the banner to send a request for an object 5o able to compile information that can be used for targeting with a given URL address to a different appropriate web site advertising. to access, for example, the advertiser’s home page. DESCRIPTION OF THE FIGURES Nonetheless, such advertising has had, so far, a poor rate of response because it is untargeted advertising. Thus, someone who is totally uninterested in computers other than they hap- 55 FIG. 1 is diagram for explaining a first embodiment of the pen to be on the Intemet, may continually see advertisements invention. for computers. On the other hand, someone who is interested FIG. 2 is a diagram explaining the processes performed in in computers may continually see advertisements for gardenthe preferred embodiments. ing tools when browsing through a particular web site. Thus FIGS. 3A, 3B and 3C are diagrams showing the basic it would be highly desirable to have a method of targeting the 6o structure of some of the databases kept by the advertising advertising to the appropriate user. server. In addition, ifa user of such computer networks is continuously exposed to the same advertisement, the response rate to DETAILED DESCRIPTION OF THE INVENTION the advertisement will generally decline. Therefore, it is highly desirable to have a system that controls the frequency 65 The basic architecture of the network 10 comprises at least of exposure of advertisements to particular users. In addition, one affiliate web site 12, an advertisement (ad) server web site it is also important for the advertisers to track response to the 19 and one or more individual advertiser’s web sites 18. METHOD OF DELIVERY, TARGETING, AND MEASURING ADVERTISING OVER NETWORKS GOOG-WRD-0019309 US 7,844,488 B2 3 4 Affiliates are one or more entities that generally for a fee As part of the "click through" process, when the user clicks contract with the entity providing the advertisement server on the banner or other advertising object displayed by the permit third party advertisements to be displayed on their web user’s browser 16, the user’s browser again transmits a messites. When a user using a browser accesses or "visits" a web sage to the ad server. The ad server notes the address of the site of an affiliate, an advertisement provided by the adver- 5 computer of the browser (or any other identifier such as a tisement server 19 will be superimposed on the display of the cookie or a digital signature) that generated the message 23 affiliate’s web page displayed by the user’s browser. and transmits back the URL of the advertiser’s web page so Examples of appropriate affiliates include locator services, that the user’s web browser 16 generates a message 26 to service providers, and entities that have popular web sites contact the advertiser’s web site. 18. The ad server process 19 such as museums, movie studios, etc. 10 also notes that a "click through" for an advertisement has The basic operation of the system is as follows in the occurred and updates the various databases in the manner preferred embodiment. When a user browsing on the Internet described below. In the above scenario for the click through accesses an affiliate’s web site 12, the user’s browser generprocess, the ad server process must remember which adverates an HTTP message 20 to get the information for the tisement was sent to the user’s browser in order to know desired web page. The affiliate’s web site in response to the 15 where to redirect the user’s browser. message 20 transmits one or more messages back 22 containWhile in the above embodiments, the user is a computer on ing the information to be displayed by the user’s browser. In an IP network using a browser, the affiliate web sites are web addition, an advertising server process 19 will provide addipages of affiliates located somewhere on the Internet and the tional information comprising one or more objects such as ad server is a particular node on the Internet, other setups are banner advertisements to be displayed with the information 20 also possible. The affiliates may be ISP’s or may be actual provided from the affiliate web site. Normally, the computers dedicated web servers and the users may be an entire network supporting the browser, the affiliate web site and the adverinstead o fan individual browsing on a single computer with a tising server process will be at entirely different nodes on the browser. Internet. Upon clicking through or otherwise selecting the FIG. 2 shows the ad server architecture. The ad server, advertisement object, which may be an image such as an 25 which may comprise one or more servers uses a database ~4 advertisement banner, an icon, or a video or an audio clip, the that will be described below and performs reporting processes browser ends up being connected to the advertiser’ s server or ~9, management processes ~8, derivation of profile processes web site 18 for that advertisement object. 52 and advertisement processes 19. The derive profile process In FIG. 1, a user operates a web browser, such as Netscape or Microsoft Internet Explorer, on a computer or PDA or other 30 ~2 is how the advertisement server gathers information about individual users or TCP/IP networks for individual users. Internet capable device 16 to generate through the hypertext Advertisements, which may be advertisement banners are transfer protocol (HTTP) 14 a request 20 to any one of prefstored within the ad server process 19 as part of the advertiserably a plurality of affiliate web sites 12. The affiliate web ing server process 19 and are periodically updated and site sends one or more messages back 22 using the same protocol. Those messages 22 preferably contain all of the 35 refreshed. The advertisement server process 19 is used for responding to requests from advertisements provided by the information available at the particular web site 12 for the user’s as described above. The management process ~8 is requested page to be displayed by the user’s browser 16 used for updating the various advertisements and overall conexcept for one or more advertising objects such as banner trol of the advertising server process 19 and also permits the advertisements. These objects preferably do not reside on the affiliate’s web server. Instead, the affiliate’s web server sends 40 advertisers to interface with the database to obtain up to the back a link including an IP address for a node running an date reports on the placement of the advertisements. The report process ~9 is used for generating online reports about advertiser server process 19 as well as information about the the success rate of the advertisement and statistics on the page on which the advertisement will be displayed. The link users that are viewing and clicking through on various adverby way of example may be a hypertext markup language (HTML) <img> tag, referring to, for example, an inline image45 tisements and also updating the counters in the database that store how often an advertisement has been displayed. such as a banner. The user’s browser 16 then transmits a The basic database structure is shown in FIG. 3. For each message 23 using the received IP address to access such an user identified by the system as shown in FIG. 3A, a user object indicated by the HTML tag from the advertisement identification, IP address, domain type, time zone, location of server 19. Included in each message 23 typically to the advertising server 19 are: (i) the user’s IP addxess, (ii) a cookie if the 5o the user, standard industrial code for the user’s network, the particular advertisements seen and the number of times each browser 16 is cookie enabled and stores cookie information, such advertisement is seen, the advertisements that were (iii) a substring key indicating the page in which the adverselected or "clicked on" and the pages on which the various tisement to be provided from the server is to be embedded, users’ advertisements were seen is collected. By using the and (iv) MIME header information indicating the browser type and version, the operating system of the computer on 55 information such as which advertisements a user has expressed interest in and which pages the user was viewing which the browser is operating and the proxy server type. when the user clicked through along with other information, Upon receiving the request in the message 23, the advertising targeted Internet advertising is possible. server process 19 determines which advertisement or other object to provide to user’s browser and transmits the mesFIG. 3B shows a database structure for the advertisements. sages 24 containing the object such as a banner advertisement 60 Included in the information for an advertisement are an idento the user’s browser 16 using the HTTP protocol. Preferably tifier for the advertisement, the start date for the advertisecontained within the HTTP message is a unique identifier for ment being carried, the last date the advertisement is to be the advertiser’s web page appropriate for the advertisement. carried, the total number of people who have viewed the That advertisement object is then displayed on the image advertisements, the target or the minimum number of times created by the web user’s browser as a composite of the 65 the advertisement is to be viewed, acceptable viewers by their received affiliate’ s web page plus the object transmitted back web site’s SICS (Standard Industry Codes), clicked through by the advertising web server. and pages that the advertisements are seen on. GOOG-WRD-0019309 US 7,844,488 B2 5 6 Also, as noted above, to enhance the process of identifying which may be a banner image in a GIF or JPEG file format, an icon for an audio or video clip or some other object is kept as information about various users, information on domains or part of the advertising server process. This information may networks is also tracked. This information includes the domain name and type (e.g., military, government, cominclude targeted consumers by SIC, country, organization merce, foreign countries), the IP address, the standard indus- 5 type and type of advertisements previously selected by the user. For any of the advertisements currently provided for trial code, the time zone and the address as shown in FIG. 3C. This information can be used in developing information about which there is a match (for example there may be several users. Through the use of these three databases and other advertisements targeted at people interested in computers), appropriate databases that may be kept, the various processes the next step is to determine which of the advertisements for of the advertising server process 19 are performed. 10 which there is a match should be selected. The preferred embodiment also includes determining Advertising Server Processes 19 which advertising object should be selected if two or more In response to an incoming message to the advertising advertising object have criteria matching the user. selecting server process 19, the advertising server processes 19 first from the matched advertisements by determining how often attempts to identify the user in FIG. 2. This can be accom- 15 the particular user has been exposed to the given advertiseplished by at least one of two means. First, any incoming ment. For each user, data is kept about the number of times request for an image or a multimedia object is examined to that a user has seen a given advertisement based upon the user determined the IP address of the requesting browser. The ID. For each advertisement where the user matches the criteadvertising server then notes whether a cookie was received ria, if the number of times that the user has seen the adverin the MIME heading of the request. From these two pieces of 2o tisement is less than a predetermined threshold, the advertiseinformation, a user identification is determined. If a cookie ment is retained as one of the possible matches. If the number was detected, then the cookie contains the user’s identificaof times that the user has seen a given advertisement exceeds tion nmnber that can be accessed in the database. If the user’ s the threshold, the advertisement is discarded as a possible browser is cookie enabled but no cookie is detected, then the candidate for transmitting back to the user. request is from a new user so a user identification must be 25 From the advertisements for which the user matches the assigned to the user and that user’ s new- identification number criteria and for which the user has seen the advertisement less will be transmitted back to the users browser along with a than the threshold, any of number of algorithms may be used write cookie instruction that causes the browser to write a to select the particular advertisement to transmit back to the cookie containing that unique identification number on the user. In an embodiment, the formula used is based upon a user’s local drive for future accesses to affiliate sites. The 30 satisfaction index (SI) according to the following formula: cookie instruction is transmitted back with the advertisement messages 24. Alternatively, instead of using cookies, digital signatures or certificates or log ins uniquely identifying the n end - start SI = ~ * now - start user accessing the affiliate page may be used. If the user’s browser does not support cookies, the adver- 35 tising server process looks up the user’s IP address in a table that stores identification numbers that correspond to IP Where: addresses for the users who have previously contacted the n: the number of times the particular advertisement has advertising server process. If the IP address is not found in the been viewed by anyone table, then the user is a new user and is assigned an unused 4o N: the number of times the advertisement is to be see by identification number. Also, for each new user, that user’s anyone identification number will be marked for further processing end-start: the total nunlber of days that the advertisement is under the derive profile process 52 described below. Also, if scheduled to rtm the domain for the new user has not previously been pronow-start: the number of days that the advertisement has cessed in the domain profile process, it may not be possible to 45 run to date target the advertisement for the new user and rather the new The satisfaction index (SI) is 1.0 when the advertisement is user should be shown a generic advertisement. Also, for new on schedule. If the advertisement is running behind schedule users, a promotional advertisement may be shown to get the (i.e., the current rate of display means that the advertisement new- user to provide information about him or herself and his will not be viewed the targeted number of times by the end or her employer. 5o date so that the SI is less than 1.0) while if the SI is greater than If the user is an existing user, the ad server 19 obtains from 1.0, the advertisement is running ahead of schedule. Therea database all of the information known about the user includfore, the advertisement that is to be selected for viewing is the ing the user’ s geographic location, the domain type (commerone that has a matched profile and has the smallest SI. Upon cial educational, governmental, the Internet service proselecting the advertisement, the selected advertisement object vided), the organization type where the user works (for 55 is then transmitted to the user’s browser over the Internet by example a SIC code), the company size, the number of transmitting the GIF stored in RAM in one or more messages. employees in that company, the particular types of advertiseAfter delivery of the advertisement to the user, additional ments that the user has clicked on by SIC or other appropriate processing needs to be done both for tracking the exposure of coding and the number of times that the user has been exposed the advertisement and for having more information about the to each advertisement currently in the system as described in 6o user. First, the system stores the fact that the advertisement FIG. 3A. Also, the relative time of day for the user is calcuwas sent to the user by storing that information in the database lated based upon either the user’s country code or the user’s based upon the user ID. This information is used for processIP access provider or the location of their domain. ing the user’s response to the advertisement when the user Each advertisement along with a table of the targeting "clicks" on the advertisement. Also, the advertising processor profile criteria for the advertisement and other data regarding 65 updates the advertisements satisfaction index and logs the the advertisement currently available is stored in a database advertisement delivery for providing reports. Also, if the such as shown in FIG. 3B. The actual advertising object, advertisement that has been sent has a limit on the number of GOOG-WRD-0019309 US 7,844,488 B2 7 8 times that the advertisement can be sent, the count of the However, it should be noted that some networks cover number of times that the advertisement has been transmitted broad geographic areas and that further checking needs to be is incremented. This limit can be the overall limit for the done to ensure that the data may be inaccurate. This can be number of times that the advertisement is viewed and/or the done by performing a trace route operation to trace the netlimit that any specific user can view the advertisement. If the 5 work topology back to the network being examined. Ifthe last limit on the number of times the advertisement can be sent is two or three nodes on the trace show as being from a given reached, then the particular advertisement is removed from region, the chances are high that the specific user on a network the list of those that can be transmitted. In addition, even if an is located in that geographic area. Thus, reverse traces can be advertisement has not been transmitted recently, the SI is used to confirm location with a database for geographic locaupdated to reflect the passage of time. 10 tions. By checking telephone directories and other sources, the specific location for such users may be found by looking If the user then decides that he wants to respond to the up the locations where the owner of the domain name has advertisement and then clicks on the advertisement, the facilities and using the one closest to the outcome of the trace advertisement server 19 receives an HTTP request 23 for a back step If the information for a given user is different than click through which it will recognize by receiving the same IP address (and optionally, the user ID specified by the cookie, 15 the location ofthe domain based upon the trace back, it is this address and location information that is then used. digital signature or certificate or log in identification) in the request from the same affiliate’s web page within a predeterFurther for each domain that is found, a determination must mined period. Since the advertisement server previously be made as to whether the domain is an Internet Service Provider (ISP). A list of domains that are ISP’s is compiled recorded which advertisement was sent to that IP ad&ess, it sends the redirect message causing the user’s browser to 2o manually. For any user having a domain name of an ISP, the receive the URL for the advertiser’ s web site based upon data user is presumed to be an individual and so only information stored in the server. In addition, the server logs that the adverrelating to that individual are used for the profiling process. tisement was clicked through, which user selected the adverReporting Process tisement based upon the IP address, and the page on which the The reporting process uses standard database techniques advertisement was seen based upon the click through. This 25 for generating any desired reports. For example, reports information can then be logged in later reporting processes showing the number of viewings and click throughs of vari59. ous advertisements may be generated along with reports As an alternative to using a satisfaction index, the selection showing the click through rates relative to the matching criof the particular advertisement object to be sent back to the teria. Also, reports on the SI can be readily generated. vie~ver’s browser by the advertising server process 19 can be 30 In addition to using the domain profiling process and logmade by different criteria. For example, models can be creging advertisement clicked on by individual users and the ated to maximize the likelihood of a click through. Such pages being accessed by users of affiliate web sites, in addimodels for maximizing the likelihood of a click through may tion surveying may be used. Further, for those survey responbe based upon empirically gathered information about either dents who are responding for non-ISP users discussed above, types of advertisements or individual advertisements actually 35 the results of the survey can be attributed to others on the same on the system correlated to the compiled information on a network. This provides further information for targeting the user or the user’s network and the specific page through display of the advertisements. which the user is accessing the advertising server process 19. Of course, those of skill in the field will understand that the Derivative Profile Process 52 4o disclosed techniques need not just be confined to Internet advertising but will work on other communication networks In addition, as part of the profiling process for gathering and private on line services such as CompuServe andAmerica information about users and IP addresses needs to be done. On Line. In addition, while specific user and domain profile First, appropriate "networks" need to be identified based information and matching criteria are discussed, it will be upon the TCP/IP network addxess of the user. Periodically, the derive profiles process searches the user database for the 45 obvious to those of ordinary skill in the field that the specific type of user and domain name information profiled and used address of additional users that have addresses for unknown as matching criteria may include other or different criteria. In networks, indicating that they are new users. Then the server does a reverse domain name search to locate the domain name addition, while the specific examples are for IP networks, the of the user. The server also queries Internet Whols databases same concepts can be applied to virtual LAN’s such that a to find information about the network, which will often 5o VLAN is the equivalent of a domain or on IPX based protocols or other network protocols. include the domain name. Still further, rather than using cookies or IP ad&esses or Alternatively, a reverse form of look up can be used indeother network addresses to identify the users, digital signapendent of people accessing the network. When a domain is tures or certificates may be used. In addition, a log in techdiscovered, the server will check common DNS names for the name, such as those starting with "www" and "ftp’. These 55 nique may be used whereby when users first access an affiliated web site, the user is assigned through a log in procedure resolve to IP addresses in most cases. From the IP addresses, a unique identifier and a log in name. When the user subsethe network number can be extracted and if the network does quently accesses either the same or a different affiliated web not yet have a domain name associated with the network site, the user logs in using the unique identifier, thereby ensurnumber or address, the new domain associated with the network. A reverse domain name look up (A Whois lookup) will 6o ing that users can be identified notwithstanding proxy servers or different users using the same computer. then usually provide the name, address and phone number of the organization, thereby providing the geographic location Still further, those of ordinary skill in the field will also and the time zone of the network. Once the domain name is understand that while the advertising server, the affiliate web acquired, the server will determine whether the domain is an site and the advertiser’s web site are described as being in educational, military, governmental network and for non- 65 different geographic locations, that is not required. Still furU.S. based networks what country the network is located in ther, while the advertising server process, reporting process, through the extension. derive profile process and management process are described GOOG-WRD-0019309 US 7,844,488 B2 10 comprises selecting an advertisement based upon the number as being implemented on one computer platform performing all of the above described functions, it is readily understood of times an advertisement has been sent to said user node. 8. The method of claim 1, wherein selecting an advertiseby those of skill that any or all of these functions may be implemented on one or more different computers and further ment is further based upon at least one of a browser type, a that these processes may be performed at different nodes on 5 browser version, an operating system type, and a proxy the network. server, each associated with said user node. We claim: 9. The method of claim 1, wherein said advertisement 1. A method for advertising, comprising: request includes an Intemet Protocol address associated with receiving, by an advertising server, an advertisement said user node. request from a user node, wherein said advertisement 10 10. The method of claim 9, further comprising performing request is automatically transmitted based upon a link a reverse domain name lookup based upon said Internet Prosent from an affiliate node to said user node in response tocol address, and selecting said advertisement based upon to a content request sent from said user node to said the results of said reverse domain name lookup. affiliate node; and 11. The method of claim 10, wherein said reverse domain selecting, in response to said advertisement request, an 15 name lookup includes a whois search. 12. The method of claim 10, further comprising performadvertisement for delivery to the user node based upon ing a trace route operation, and selecting said advertisement stored information about said user node, wherein selecting an advertisement includes: based upon the results of said trace route operation. determining whether selection criteria associated with 13. The method of claim 1, further comprising sending said advertisements are satisfied based upon the stored 2o selected advertisement to said user node for display. 14. The method of claim 13, further comprising receiving information; and calculating, if the selection criteria associated with more from said user node a click through request for information than one advertisement are satisfied, a satisfaction about the advertiser associated with said selected advertiseindex for each advertisement; and ment. selecting the advertisement with the lowest satisfaction 25 15. The method of claim 14, further comprising sending a index, network address for said advertiser to said user node in wherein the satisfaction index for an advertisement is at response to said click-though request. least one of: 16. The method of claim 14, wherein said stored informadirectly proportional to the number of times the advertion includes information about a prior click-through request tisement has been sent to a user node and the total 30 received from said user node. amount of time over which the advertisement is 17. A method for advertising, comprising: permitted to be sent to a user node, and receiving, by an advertising server, an advertisement inversely proportional to the amount of time expired request from a user node, wherein the advertisement since the advertisement was first permitted to be request is automatically transmitted based upon a link sent to a user node and inversely proportional to the sent from an affiliate node to the user node in response to maximum number of times the advertisement is a content request sent from the user node to the affiliate permitted to be sent to a user node. node; and 2. The method of claim 1, wherein selecting an advertiseselecting, in response to the advertisement request, an ment based upon stored information about said user node advertisement for delivery to the user node based upon comprises selecting an advertisement based upon a prior con- 4o stored information about the user node, tent request sent from said user node to an affiliate node. wherein selecting an advertisement includes: 3. The method of claim 1, wherein selecting an advertisedetermining whether selection criteria associated with ment based upon stored information about said user node advertisements are satisfied based upon the stored comprises selecting an advertisement based upon a prior information; and selection of an advertisement for said user node. 45 selecting, if the selection criteria associated with more 4. The method of claim 1, wherein selecting an advertisethan one advertisement are satisfied, an advertisement ment based upon stored information about said user node from among the more than one advertisement an comprises selecting an advertisement based upon a prior advertisement based on the selected advertisement advertisement request from said user node. having one or more of a lesser amount of time remain5. The method of claim 1, wherein selecting an advertise-50 ing in which the advertisement can be selected for ment based upon stored information about said user node delivery, a greater number of impressions of the comprises selecting an advertisement based upon informaadvertisement remaining to be delivered, a smaller tion in a cookie associated with said user node. ratio of the number of times the advertisement has 6. The method of claim 1, wherein selecting an advertisebeen delivered to any user to the total number of ment based upon stored information about said user node 55 impressions of the advertisement scheduled to be comprises selecting an advertisement based upon at least one delivered, and a greater ratio of the total amount of of the network address of said user node, the domain type of time in which the advertisement can be delivered to an said user node, the time zone of said user node, the geographiamount of time expired since the advertisement has cal location of said user node, and an industry code. become available for delivery. 7. The method of claim 1, wherein selecting an advertise-6O ment based upon stored information about said user node GOOG-WRD-0019309

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