I/P Engine, Inc. v. AOL, Inc. et al

Filing 106

Declaration re 105 Memorandum in Support of Emily O'Brien by Google Inc., IAC Search & Media, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Noona, Stephen)

EXHIBIT B

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)

Civ. Action No. 2:11-cv-512

PLAINTIFF I/P ENGINE, INC’S
PRELIMINARY DISCLOSURE OF ASSERTED CLAIMS AND
PRE-DISCOVERY INFRINGEMENT CONTENTIONS AS TO GOOGLE SEARCH
Plaintiff I/P Engine, Inc. (“I/P Engine”) hereby makes the following Disclosure of
Asserted Claims and Infringement Contentions for U.S. Patent Nos. 6,314,420 (“the ‘420
patent”) and 6,775,664 (“the ‘664 patent”).
A.

Identification of Asserted Claims and Infringing Products

Defendant Google, Inc.’s (“Google”) products, methods and systems promoted under
the name of Google Web Search (“Google Search”) are accused of infringing at least the
following claims:
claims 10, 14, 15, 25, 27 and 28 of the ‘420 patent; and
claims 1, 6, 21, 22, 26, 28 and 38 of the ‘664 patent.
Each asserted claim of the ‘420 and ‘664 patents are reproduced in the attached claim
charts. The left column of the claim charts includes the language of each claim; each limitation
of each claim is listed separately. The right column of the claim charts includes the features of
Google Search that I/P Engine contends infringe each corresponding limitation in the claim

based on evidence currently available to I/P Engine. Based on the attached claim charts, Google
is liable for direct infringement of the ‘420 and ‘664 patents.
These claim charts can be, and will be, supplemented and/or amended based upon
discovery, additional evidence, further investigation, and/or the claim construction by the Court.
B.

Identification of Infringing Structure, Acts, and/or Materials

As demonstrated by the attached claim charts and as described in Google’s materials
and other publicly available sources, each element of each claim of the ‘420 and ‘664 patents
asserted against Google is literally present in Google Search. If Google contends that any
limitations of any of the asserted claims is not literally present in Google Search, any such
limitation of the asserted claims is present under the doctrine of equivalents because the
difference(s), if any, between Google Search, and what is literally claimed in the asserted claims
is(are) insubstantial. I/P Engine will provide contentions under the doctrine of equivalents if,
after, and when Google identifies which elements it contends are not present in Google Search.
C.

Identification of Priority Date

Each of the asserted claims of the ‘420 and ‘664 patents are entitled to a priority date
at least as early as the effective date of the ‘420 patent, i.e., December 3, 1998 (based on the
filing date of the patent application, U.S. Patent Application No. 09/204,149, that issued as the
‘420 patent). Additionally, each of the asserted claims of the ‘420 and ‘664 patents may be
entitled to an earlier effective date based on, without limitation, the filing of earlier related patent
applications.
D.

Indirect Infringement Disclosures

As demonstrated by the attached claim charts, the use of Google Search directly
infringes the asserted claims of the ‘420 and ‘664 patents and establishes the prerequisite act of

2

direct infringement. Google has also had knowledge of the ‘420 and ‘664 patents at least as
early as the filing date of this lawsuit, September 15, 2011 (D.I. 001).
Google, via its materials and other publicly available sources, provides, sells, offers
for sale, and/or promotes the infringing products, methods and systems of Google Search to its
Search Partners and/or end users that use the infringing Google Search. See, e.g., IPE0000108IPE0000109, IPE0000130, IPE0000185-IPE0000187, IPE0000304-IPE0000305. Based on these
materials and uses, Google intends for its Search Partners and/or end users to use Google Search
in an infringing manner. Thus, Google intends to cause infringement of the ‘420 and ‘664
patents.
Therefore, by making, using, providing, selling, and/or promoting its infringing
Google Search, and by continuing to provide, sell, offer for sale, and/or promote its infringing
Google Search, with the intention of causing at least some Search Partners and/or end users to
use Google Search in an infringing manner, Google actively and knowingly aids and abets
infringement of the ‘420 and ‘664 patents and is liable under induced infringement.
In addition, Google Search is a material part of the claimed invention of the ‘420 and
‘664 patents. Google Search is especially made or especially adapted for use with only
infringing search engine systems and/or search systems. Furthermore, Google Search is not a
staple article. Google Search is not a commodity of commerce and can only be used with
infringing search engine systems and/or search systems. Google Search is also not suitable for
substantial non-infringing uses. Therefore, Google is liable as a contributory infringer.

3

These contentions are preliminary, are based on known publicly available
information, and are subject to change based on the Court’s claim construction. I/P Engine
reserves the right to amend and/or supplement these infringement contentions if and when
further information regarding Google Search becomes available and/or for other good cause.
Dated: November 7, 2011

By:
/s/ Charles J. Monterio, Jr.
Jeffrey K. Sherwood
Frank C. Cimino, Jr.
Kenneth W. Brothers
DeAnna Allen
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Richard H. Ottinger
VANDEVENTER BLACK LLP
500 World Trade Center
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

4

CLAIM CHART FOR INFRINGEMENT OF U.S. PATENT NO. 6,314,420
Google Search
CLAIM 10
a. A search engine system comprising:

GOOGLE SEARCH
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google Search, and the preamble. See, e.g.,
Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288 (Fed.
Cir. 2008)(“Absent clear reliance on the preamble in the prosecution history, or
in situations where it is necessary to provide antecedent basis for the body of the
claim, the preamble generally is not limiting.”)(quotation omitted). However,
Google Search includes a search engine system.
Google Search on Google’s website (www.google.com) provides a search engine
system that searches for information (e.g., websites and/or website results)
relevant to search queries. For example, when a user enters a search query into
the search bar on Google’s website and selects the “search” button, the user is
presented with a list of items, e.g., website results. See IPE0000051IPE0000053 (displaying an example search for “grill”); see also IPE0000025
(“We stand alone in our focus on developing the ‘perfect search engine.’”).

b. a system for scanning a network to make a
demand search for informons relevant to a query
from an individual user;

Google Search is also used to search for information and display search engine
results on other websites that use Google Custom Search. IPE0000305; see also
IPE0000304 (enabling a user to create a Google-powered custom search engine
that can be added to a user’s own webpage).
Google Search includes a system for scanning a network to make a demand
search for information relevant to a query from a user. For example, the search
bar on Google’s website (www.google.com) and other “search network” sites
allows a user to enter a search query and run a demand search. See section a. In
response to the query, the system conducts a demand search for information See
IPE0000051-IPE0000053. Google uses distributed databases in its systems, and
5

CLAIM 10

c. a content-based filter system for receiving the
informons from the scanning system and for
filtering the informons on the basis of applicable
content profile data for relevance to the query;
and

d. a feedback system for receiving collaborative
feedback data from system users relative to
informons considered by such users;

e. the filter system combining pertaining
feedback data from the feedback system with the
content profile data in filtering each informon
for relevance to the query.

GOOGLE SEARCH
the databases distribute information across several locations on a network(s).
IPE0000011-IPE0000024; see also IPE0000026 (showing distributed systems).
Additionally, the system also obtains website information relevant to a query
from a user. IPE0000112.
Google Search includes a system for receiving the information from the scanning
system and for filtering the information on the basis of applicable content profile
data for relevance to the query. Google Search receives and filters the
information based, in part, on a content-based analysis. IPE0000025 (“[o]ur
search engine . . . analyzes page content”); IPE0000025-IPE0000026 (“our
technology analyzes the full content of a page and . . . analyze[s] the content of
neighboring web pages to ensure the results returned are the most relevant to a
user’s query.”).
Google Search includes a system that receives feedback data from system users,
the feedback data being related to the website information returned as results and
considered by users. For example, Google collects data regarding results viewed
by users. See IPE0000102 (“with [search] logs, we can improve our search
results: if we know that people are clicking on the #1 result we’re doing
something right, and if they’re hitting next page or reformulating their query,
we’re doing something wrong.”); see also IPE0000140.
Upon information and belief, Google Search includes a system that combines
feedback data from the feedback system with the content data to filter
information for relevance to the query. Google Search uses content data in their
search algorithm to filter items for relevance to the query. See section c. Upon
information and belief, Google Search also uses collected feedback data to
improve how the search algorithm filters items for relevance to the query. See
IPE0000140 (“in order to come up with new ranking techniques and evaluate if
users find them useful, we have to store and analyze search logs. . . . What results
do people click on? How does their behavior change when we change aspects of
our algorithm?”). In U.S. Patent No. 7,346,839 to Acharya and U.S. Application
No. 2008/0140647 to Bailey et al. (both related to Google’s search engine
technology), Google describes using feedback data, such as user-click-data, to
alter a score associated with a document. See IPE0000154 (“According to an
6

CLAIM 10

GOOGLE SEARCH
implementation . . . one or more query-based factors may be used to generate (or
alter) a score associated with a document. For example, one query based factor
may relate to the extent to which a document is selected over time when the
document is included in a set of search results.”); see also IPE0000172 (“Some
implementations include a conventional user feedback mechanism for a scoring
system. The user feedback mechanism uses user-click-data to learn
characteristics of queries, or results of queries that correlate with high quality
clicks. [In an example case] the mechanism recognizes that book search results
are preferred for future queries . . . and causes such results to have an enhanced
search result quality score.”). A former Google employee has stated “The actual
mechanics of how click data is used is often proprietary, but Google makes it
obvious that it uses click data with its patents on systems like ‘Rank-adjusted
content items.’” IPE0000336.

CLAIM 14
The system of claim 10 wherein the
collaborative feedback data comprises passive
feedback data.

GOOGLE SEARCH
Google Search collects feedback that indicates what results people click on. See
claim 10 section d.

CLAIM 15
The system of claim 14 wherein the passive
feedback data is obtained by passively
monitoring the actual response to a proposed
informon.

GOOGLE SEARCH
Google Search passively monitors a user’s behavior related to a proposed link.
For example, links are presented to users, and Google collects data regarding
results viewed by users. See claim 10 section d.

CLAIM 25

GOOGLE SEARCH
7

CLAIM 25
a. A method for operating a search engine
system comprising:

GOOGLE SEARCH
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google Search, and the preamble. See, e.g.,
Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288 (Fed.
Cir. 2008)(“Absent clear reliance on the preamble in the prosecution history, or
in situations where it is necessary to provide antecedent basis for the body of the
claim, the preamble generally is not limiting.”)(quotation omitted). However,
Google Search includes a method for operating a search engine system.
Google Search on Google’s website (www.google.com) operates a search engine
system that searches for information (e.g., websites and/or website results)
relevant to search queries. For example, when a user enters a search query into
the search bar on Google’s website and selects the “search” button, the user is
presented with a list of items, e.g., website results. See IPE0000051-IPE0000053
(displaying an example search for “grill”); see also IPE0000025 (“We stand
alone in our focus on developing the ‘perfect search engine.’”).

b. scanning a network to make a demand search
for informons relevant to a query from an
individual user;

c. receiving the informons in a content-based
filter system from the scanning system and

Google Search is also used to search for information and display search engine
results on other websites that use Google Custom Search. IPE0000305; see also
IPE0000304 (enabling a user to create a Google-powered custom search engine
that can be added to a user’s own webpage).
Google Search scans a network to make a demand search for information
relevant to a query from a user. For example, the search bar on Google’s website
(www.google.com) and other “search network” sites allows a user to enter a
search query and run a demand search. See section a. In response to the query,
the system conducts a demand search for information See IPE0000051IPE0000053. Google uses distributed databases in its systems, and the databases
distribute information across several locations on a network(s). IPE0000011IPE0000024; see also IPE0000026 (showing distributed systems). Additionally,
the system also obtains website information relevant to a query from a user.
IPE0000112.
Google Search receives the information from the scanning system and filters the
information on the basis of applicable content profile data for relevance to the
8

CLAIM 25
filtering the informons on the basis of applicable
content profile data for relevance to the query;

d. receiving collaborative feedback data from
system users relative to informons considered by
such users; and

e. combining pertaining feedback data with the
content profile data in filtering each informon
for relevance to the query.

GOOGLE SEARCH
query. Google Search receives and filters the information based, in part, on a
content-based analysis. IPE0000025 (“[o]ur search engine . . . analyzes page
content”); IPE0000025-IPE0000026 (“our technology analyzes the full content of
a page and . . . analyze[s] the content of neighboring web pages to ensure the
results returned are the most relevant to a user’s query.”).
Google Search receives feedback data from system users, the feedback data being
related to the website information returned as results. For example, Google
collects data regarding results viewed by users. See IPE0000102 (“with [search]
logs, we can improve our search results: if we know that people are clicking on
the #1 result we’re doing something right, and if they’re hitting next page or
reformulating their query, we’re doing something wrong.”); see also
IPE0000140.
Upon information and belief, Google Search combines feedback data from the
feedback system with the content data to filter information for relevance. Google
Search uses content data in their search algorithm to filter items for relevance to
the query. See section c. Upon information and belief, Google Search also uses
data regarding results viewed by users to filter items for relevance to the query.
See IPE0000140 (“in order to come up with new ranking techniques and evaluate
if users find them useful, we have to store and analyze search logs. . . . What
results do people click on? How does their behavior change when we change
aspects of our algorithm?”). In U.S. Patent No. 7,346,839 to Acharya and U.S.
Application No. 2008/0140647 to Bailey et al. (both related to Google’s search
engine technology), Google describes using feedback data, such as user-clickdata, to alter a score associated with a document. See IPE0000154 (“According
to an implementation . . . one or more query-based factors may be used to
generate (or alter) a score associated with a document. For example, one query
based factor may relate to the extent to which a document is selected over time
when the document is included in a set of search results.”); see also IPE0000172
(“Some implementations include a conventional user feedback mechanism for a
scoring system. The user feedback mechanism uses user-click-data to learn
characteristics of queries, or results of queries that correlate with high quality
clicks. [In an example case] the mechanism recognizes that book search results
9

CLAIM 25

GOOGLE SEARCH
are preferred for future queries . . . and causes such results to have an enhanced
search result quality score.”). A former Google employee has stated “The actual
mechanics of how click data is used is often proprietary, but Google makes it
obvious that it uses click data with its patents on systems like ‘Rank-adjusted
content items.’” IPE0000336.

CLAIM 27
The method of claim 25 wherein the
collaborative feedback data provides passive
feedback data.

GOOGLE SEARCH
Google Search collects feedback that indicates what results people click on. See
claim 25 section d.

CLAIM 28
The method of claim 27 wherein the passive
feedback data is obtained by passively
monitoring the actual response to a proposed
informon.

GOOGLE SEARCH
Google Search passively monitors a user’s behavior related to a proposed link.
For example, links are presented to users, and Google collects data regarding
results viewed by users. See claim 25 section d.

10

CLAIM CHART FOR INFRINGEMENT OF U.S. PATENT NO. 6,775,664
Google Search
CLAIM 1
a. A search system comprising:

GOOGLE SEARCH
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google Search, and the preamble. See, e.g.,
Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288 (Fed.
Cir. 2008)(“Absent clear reliance on the preamble in the prosecution history, or
in situations where it is necessary to provide antecedent basis for the body of the
claim, the preamble generally is not limiting.”)(quotation omitted). However,
Google Search includes a search system.
Google Search on Google’s website (www.google.com) provides a search system
that searches for information (e.g., websites and/or website results) relevant to
search queries. For example, when a user enters a search query into the search
bar on Google’s website and selects the “search” button, the user is presented
with a list of items, e.g., website results. See IPE0000051-IPE0000053
(displaying an example search for “grill”); see also IPE0000025 (“We stand
alone in our focus on developing the ‘perfect search engine.’”).

b. a scanning system for searching for
information relevant to a query associated with a
first user in a plurality of users;

Google Search is also used to search for information and display search engine
results on other websites that use Google Custom Search. IPE0000305; see also
IPE0000304 (enabling a user to create a Google-powered custom search engine
that can be added to a user’s own webpage).
Google Search includes a system for searching for information relevant to a
query from a user. For example, the search bar on Google’s website
(www.google.com) and other “search network” sites allows a user to enter a
search query and run a demand search. See section a. The system conducts a
demand search that includes searching for information. See IPE0000051IPE0000053. Google Search analyzes the website information based, in part, on a
content-based relevance analysis. Google states that “[o]ur search engine . . .
11

CLAIM 1

c. a feedback system for receiving information
found to be relevant to the query by other users;
and

d. content-based filter system for combining the
information from the feedback system with the
information from the scanning system and for
filtering the combined information for relevance
to at least one of the query and the first user.

GOOGLE SEARCH
analyzes page content.” IPE0000025. Additionally, Google states “our
technology analyzes the full content of a page and . . . analyze[s] the content of
neighboring web pages to ensure the results returned are the most relevant to a
user’s query.” IPE0000025-IPE0000026.
Google Search includes a system for receiving information found to be relevant
to the query by users of the system. For example, Google collects data regarding
results viewed by users. See IPE0000102 (“with [search] logs, we can improve
our search results: if we know that people are clicking on the #1 result we’re
doing something right, and if they’re hitting next page or reformulating their
query, we’re doing something wrong.”); see also IPE0000140.
Upon information and belief, Google Search includes a system for combining
information from the feedback system with the information from the scanning
system and for filtering the combined information for relevance to the query.
Google Search uses content data in their search algorithm to filter items for
relevance to the query. See section b. Upon information and belief, Google
Search also uses data regarding results viewed by users to filter items for
relevance to the query. See IPE0000140 (“in order to come up with new ranking
techniques and evaluate if users find them useful, we have to store and analyze
search logs. . . . What results do people click on? How does their behavior change
when we change aspects of our algorithm?”). In U.S. Patent No. 7,346,839 to
Acharya and U.S. Application No. 2008/0140647 to Bailey et al. (both related to
Google’s search engine technology), Google describes using feedback data, such
as user-click-data, to alter a score associated with a document. See IPE0000154
(“According to an implementation . . . one or more query-based factors may be
used to generate (or alter) a score associated with a document. For example, one
query based factor may relate to the extent to which a document is selected over
time when the document is included in a set of search results.”); see also
IPE0000172 (“Some implementations include a conventional user feedback
mechanism for a scoring system. The user feedback mechanism uses user-clickdata to learn characteristics of queries, or results of queries that correlate with
high quality clicks. [In an example case] the mechanism recognizes that book
search results are preferred for future queries . . . and causes such results to have
12

CLAIM 1

GOOGLE SEARCH
an enhanced search result quality score.”). A former Google employee has stated
“The actual mechanics of how click data is used is often proprietary, but Google
makes it obvious that it uses click data with its patents on systems like ‘Rankadjusted content items.’” IPE0000336.

CLAIM 6
GOOGLE SEARCH
The search system of claim 1 further comprising Google Search delivers information to a user in the form of links to websites with
an information delivery system for delivering the short descriptions. See IPE0000051-IPE0000053 (displaying an example search
filtered information to the first user.
for “grill”).

CLAIM 21
The search system of claim 1 wherein the
content-based filter system filters by extracting
features from the information.

GOOGLE SEARCH
Google Search extracts features such as text font and location, and the presence
of subdivisions, from webpages: “our technology analyzes the full content of a
page and factors in fonts, subdivisions and the precise location of each word.”
IPE0000130.

CLAIM 22
The search system of claim 21 wherein the
extracted features comprise content data
indicative of the relevance to the at least one of
the query and the user.

GOOGLE SEARCH
In Google Search the extracted features described in claim 21 are content data
that is used to indicate the relevance of an item to the user’s query. See claim 1
section b.

CLAIM 26
a. A method for obtaining information relevant

GOOGLE SEARCH
The preamble is typically not a limitation and thus no comparison needs to be
13

CLAIM 26
to a first user comprising:

GOOGLE SEARCH
made between the accused system, Google Search, and the preamble. See, e.g.,
Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288 (Fed.
Cir. 2008)(“Absent clear reliance on the preamble in the prosecution history, or
in situations where it is necessary to provide antecedent basis for the body of the
claim, the preamble generally is not limiting.”)(quotation omitted). However,
Google Search includes a method for obtaining information relevant to a first
user.
Google Search on Google’s website (www.google.com) provides a method of
obtaining information (e.g., websites and/or website results) relevant to a user.
For example, when a user enters a search query into the search bar on Google’s
website and selects the “search” button, the user is presented with a list of items,
e.g., website results. See IPE0000051-IPE0000053 (displaying an example
search for “grill”); see also IPE0000025 (“We stand alone in our focus on
developing the ‘perfect search engine.’”).

Google Search is also used to search for information and display search engine
results on other websites that use Google Custom Search. IPE0000305; see also
IPE0000304 (enabling a user to create a Google-powered custom search engine
that can be added to a user’s own webpage).
b. searching for information relevant to a query
Google Search searches for information relevant to a query associated with a
associated with a first user in a plurality of users; user. For example, the search bar on Google’s website (www.google.com) and
other “search network” sites allows a user to enter a search query and run a
demand search. See section a. In response to the search query, the system
conducts a demand search that includes searching for information. See
IPE0000051-IPE0000053. Google Search analyzes the website information
based, in part, on a content-based relevance analysis. Google states that “[o]ur
search engine . . . analyzes page content.” IPE0000025. Additionally, Google
states “our technology analyzes the full content of a page and . . . analyze[s] the
content of neighboring web pages to ensure the results returned are the most
relevant to a user’s query.” IPE0000025-IPE0000026.
c. receiving information found to be relevant to
Google Search receives information found to be relevant to the query by users of
14

CLAIM 26
the query by other users;

d. combining the information found to be
relevant to the query by other users with the
searched information; and

e. content-based filtering the combined
information for relevance to at least one of the

GOOGLE SEARCH
the system. For example, Google collects data regarding results viewed by users.
See IPE0000102 (“with [search] logs, we can improve our search results: if we
know that people are clicking on the #1 result we’re doing something right, and if
they’re hitting next page or reformulating their query, we’re doing something
wrong.”); see also IPE0000140.
Upon information and belief, Google Search combines the information found to
be relevant to the query by other users with the searched information to filter
information for relevance. Google Search uses content data in their search
algorithm to filter items for relevance to the query. See section b. Upon
information and belief, Google Search also uses data regarding results viewed by
users to filter items for relevance to the query. See IPE0000140 (“in order to
come up with new ranking techniques and evaluate if users find them useful, we
have to store and analyze search logs. . . . What results do people click on? How
does their behavior change when we change aspects of our algorithm?”). In U.S.
Patent No. 7,346,839 to Acharya and U.S. Application No. 2008/0140647 to
Bailey et al. (both related to Google’s search engine technology), Google
describes using feedback data, such as user-click-data, to alter a score associated
with a document. See IPE0000154 (“According to an implementation . . . one or
more query-based factors may be used to generate (or alter) a score associated
with a document. For example, one query based factor may relate to the extent to
which a document is selected over time when the document is included in a set of
search results.”); see also IPE0000172 (“Some implementations include a
conventional user feedback mechanism for a scoring system. The user feedback
mechanism uses user-click-data to learn characteristics of queries, or results of
queries that correlate with high quality clicks. [In an example case] the
mechanism recognizes that book search results are preferred for future queries . .
. and causes such results to have an enhanced search result quality score.”). A
former Google employee has stated “The actual mechanics of how click data is
used is often proprietary, but Google makes it obvious that it uses click data with
its patents on systems like ‘Rank-adjusted content items.’” IPE0000336.
Upon information and belief, Google Search uses data regarding results viewed
by users in combination with searched information to determine which results to
15

CLAIM 26
query and the first user.

GOOGLE SEARCH
display to a user, and in what order to display those results. See IPE0000113
(“When a user enters a query, our machines search the index for matching pages
and return the results we believe are the most relevant to the user. Relevancy is
determined by over 200 factors”); see also claim 26, section d (describing
factors).

CLAIM 28
28. The method of claim 26 further comprising
the step of delivering the filtered information to
the first user.

GOOGLE SEARCH
Google Search delivers filtered information to a user in the form of links to
websites with short descriptions. See IPE0000051-IPE0000053 (displaying an
example search for “grill”).

CLAIM 38
38. The method of claim 26 wherein the
searching step comprises scanning a network in
response to a demand search for the information
relevant to the query associated with the first
user.

GOOGLE SEARCH
Google Search scans a network in response to a demand search for information
relevant to a query from a user. For example, the search bar on Google’s website
(www.google.com) and other “search network” sites allows a user to enter a
search query and run a demand search. See section a. In response to the query,
the system conducts a demand search for information See IPE0000051IPE0000053. Google uses distributed databases in its systems, and the databases
distribute information across several locations on a network(s). IPE0000011IPE0000024; see also IPE0000026 (showing distributed systems). Additionally,
the system also obtains website information relevant to a query from a user.
IPE0000112.

16