Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 393

NOTICE by Google Inc., YouTube, LLC re 367 Opposed MOTION Adobe Systems Incorporated's Opposed Motion Requesting Case Management Conference To Address Plaintiff Eolas's Infringement Contentions Or, In The Alternative, To Strike Those Contentions and Motion For Expedited Consideratio and Identification of Related Issues to be Addressed (Attachments: # 1 Declaration of M. Francis, # 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 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23)(Jones, Michael)

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 393 Att. 7

Exhibit 6

Dockets.Justia.com

Claim

Claim Language

Exemplary Evidence for Google AdSense Advertisements (AdSense) Additional examples of Google's indirect infringement are illustrated by the case studies available at:

https://www.google.com/adsense/static/en_US/Success.html?sourceid=aso&subid=ww-en-etstorefrontEN_v2_SuccessStoriesLink&medium=link
36e identifying locating executable application associated with the object; and and an Users of websites which host Google AdSense advertisements (see e.g. http://www.hearth.com/what/specific.php) Google's AdSense program itself and/or Google's AdSense server (and/or the combination thereof) each operate in a hypermedia network environment that includes client workstations executing browsers. Google's servers transmit a series of communications to client workstations in the distributed hypermedia network. application associated with the object. AdSense is an advertisement-serving program run by Google. See e.g. www.google.com/adsense. See also https://www.google.com/adsense/support/bin/answer.py?hl=en&answer=17470 ("Google AdSense is a fast and easy way for website publishers of all sizes to display relevant, unobtrusive Google ads on their website's content pages and earn money."). The AdSense server "automatically delivers ads" that are targeted to the content and/or audience of a particular website. See e.g. https://www.google.com/adsense/support/bin/answer.py?hl=en&answer=9713. The AdSense server "automatically deliver[s] text and image ads that are precisely targeted to your site and your site content." It "work[s] hard to understand your content and deliver ads that are relevant to specific pages, automatically, no matter how many thousands of pages your site may have, or how
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Google's servers format the

communications so that the browser on the client workstation identifies and locates an executable

Claim

Claim Language specialized TQ

Exemplary Evidence for Google AdSense Advertisements (AdSense) or broad your content."

https://www.google.com/adsense/static/en_US/AfcOverview.html?gsessionid=CWe24TJQP2Y9FO0IRXBi

Examples of identifying and locating an executable application associated with the object. <script type="text/javascript"><!-google_ad_client = "pub-3514001071271623"; google_ad_width = 728; google_ad_height = 90; google_ad_format = "728x90_as"; //--></script> <script type="text/javascript" src="http://pagead2.googlesyndication.com/pagead/show_ads.js"> </script> <script language="JavaScript"> Source: www.hearth.com Additional example: <script type="text/javascript"><!-google_ad_client = "pub-8326249790294086"; google_ad_width = 468; google_ad_height = 60; google_ad_format = "468x60_as";
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Claim

Claim Language

Exemplary Evidence for Google AdSense Advertisements (AdSense) google_ad_type = "text"; google_ad_channel ="3226524389"; google_color_border = "11593C"; google_color_bg = "FFFFFF"; google_color_link = "940F04"; google_color_url = "940F04"; google_color_text = "000000"; //--></script> <script type="text/javascript" src="http://pagead2.googlesyndication.com/pagead/show_ads.js"> </script> </center> Source: http://poisonivy.aesir.com/view/cures.html

See also the evidence cited for the prior element. In addition, Google indirectly, by induced and/or contributory infringement, infringes this claim. Google provides instructions to website owners/administrators and encourages them to implement the AdSense advertisements on their websites in an infringing manner. For example, Google teaches: "Getting started as a Google AdSense publisher is easy. It only takes a few moments to apply online for both content and search ads. Once you're approved, simply log in to your account, copy a block of HTML
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