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 F

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
Civ. Action No. 2:11-cv-512
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)
PLAINTIFF I/P ENGINE, INC.’S PRELIMINARY DISCLOSURE OF
ASSERTED CLAIMS AND PRE-DISCOVERY INFRINGEMENT CONTENTIONS
AS TO GANNETT COMPANY, INC.’S USE OF
GOOGLE ADWORDS AND GOOGLE ADSENSE FOR SEARCH
Plaintiff I/P Engine, Inc. (“I/P Engine”) hereby makes the following Disclosure of
Asserted Claims and Pre-Discovery 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 Gannett Company, Inc.’s (“Gannett”) systems using Google, Inc.’s
products, methods and systems promoted under the names of Google AdWords and Google
AdSense for Search1 (collectively “Google AdWords”) are accused of infringing at least the
following claims:


claims 10, 14, 15, 25, 27 and 28 of the ‘420 patent; and



claims 1, 5, 6, 21, 22, 26, 28 and 38 of the ‘664 patent.

Each asserted claim of the ‘420 and ‘664 patents is reproduced in the attached claim
charts. The left column of the claim charts includes the language of each claim; each element of
1

Google AdWords and Google AdSense for Search appear to refer to the same system. Google
AdWords facilitates creating and running advertisements, while Google AdSense for Search
enables websites to display the AdWords advertisements in response to search queries.
IPE0000009; IPE0000031; IPE0000045.

each claim is listed separately. The right column of the claim charts includes the features of
Gannett’s system using Google AdWords (e.g., Gannett’s USA Today Website) 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, Gannett 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 marketing materials
and other publicly available sources, each limitation of each claim of the ‘420 and ‘664 patents
asserted against Gannett is literally present in Gannett’s system using Google AdWords. If
Gannett contends that any limitation of any of the asserted claims is not literally present in
Gannett’s system using Google AdWords, any such limitation of the asserted claims is present
under the doctrine of equivalents because the difference(s), if any, between Gannett’s system
using Google AdWords, 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 Gannett
identifies which elements it contends are not present in Gannett’s system using Google
AdWords.
C.

Identification of Priority Date

Each of the asserted claims of the ‘420 and ‘664 patents is 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

2

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 Gannett’s system using
Google AdWords directly infringes the asserted claims of the ‘420 and ‘664 patents and
establishes the prerequisite act of direct infringement. Gannett 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).
Gannett, via publicly available materials, provides, sells, offers for sale, and/or
promotes the infringing system to customers that use Gannett’s system using Google AdWords.
Based on these materials and uses, Gannett intends for its customers to use Gannett’s system
using Google AdWords in an infringing manner. Thus, Gannett intends to cause infringement of
the ‘420 and ‘664 patents.
By making, using, providing and promoting Gannett’s system using Google
AdWords, and by continuing to provide and/or promote its website, with the intention of causing
at least some customers to use Gannett’s system using Google AdWords in an infringing manner,
Gannett actively and knowingly aids and abets infringement of the ‘420 and ‘664 patents and is
liable under induced infringement.
In addition, Gannett’s system using Google AdWords is a material part of the claimed
invention of the ‘420 and ‘664 patents. Gannett’s system using Google AdWords is especially
made or especially adapted for use with only infringing search engine systems and/or search
systems. Furthermore, Gannett’s system using Google AdWords is not a staple article.
Gannett’s system using Google AdWords is not a commodity of commerce and can only be used
with infringing search engine systems and/or search systems. Gannett’s system using Google

3

AdWords is also not suitable for substantial non-infringing uses. Therefore, Gannett is liable as
a contributory infringer.
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 Gannett’s system using Google AdWords becomes available
and/or for other good cause.
Dated: November 11, 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
USA Today Website
CLAIM 10
a. A search engine system comprising:

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

USA TODAY WEBSITE
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the USA Today Website, 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, the USA Today Website includes a search engine system.
The USA Today Website (www.usatoday.com) includes a search engine system
that searches for information (e.g., advertisements) relevant to the search query.
For example, when a user enters a search query into the search bar on the USA
Today Website and selects the “search” button, the user is presented with a list of
information, e.g., advertisements. See IPE0000679-IPE0000681. The display of
advertisements on Gannett’s USA Today Website is provided by the Google
AdWords system. IPE0000680 (“Ads by Google”); see also IPE0000678
(showing that clicking a link redirects through the www.google.com domain).
The USA Today Website 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 the USA Today Website allows a user to enter a search query and
run a demand search. See section a. In response to the query, the Google
AdWords system that the USA Today Website uses to display advertisements
conducts a demand search for information. See IPE0000679-IPE0000681.
Google uses distributed databases in its systems, and the databases distribute
information across several locations on a network. IPE0000011-IPE0000024;
see also IPE0000026(showing distributed systems). Additionally, the system
collects information on landing pages of advertisements on the Internet.
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;

USA TODAY WEBSITE
IPE0000066 (“[t]he AdWords system retrieves advertiser landing pages to help
us better understand the relevance and quality of your AdWords ads as a whole. .
. . To fully understand the quality of your specified page, the system may follow
other links on the page.”).
The USA Today Website 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. For example, the USA Today
Website uses the Google AdWords system to display advertisements.
IPE0000680. Google AdWords receives and filters advertisements on the basis
of content data (e.g., ad text, keyword, and landing page attributes) for relevance
to the query. IPE0000058. “AdWords uses a dynamic variable called ‘Quality
Score’ to evaluate keyword relevance” and that “Quality Score is based [in part]
on . . . the relevance of your ad text, keyword, and landing page.” Id.; see also
IPE0000061-IPE0000062 (“[t]he Quality Score for Ad Rank on Google and the
search network is determined by . . . the relevance of the keyword and the
matched ad to the search query” and that “[h]aving relevant keywords and ad text
. . . will result in a higher position for your ad.”).
The USA Today Website 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, the USA Today Website uses
the Google AdWords system to display advertisements. IPE0000680. Google
AdWords receives feedback (in the form of clickthrough data) about information,
e.g., advertisements, considered by the other users. See IPE0000064 (“Millions
of users click on AdWords ads every day. Every single one of those clicks – and
the even more numerous impressions associated with them – is analyzed by our
filters (stage 1), which operate in real-time.”). Google AdWords uses the
“dynamic variable called ‘Quality Score’ to evaluate keyword relevance.”
IPE0000058. In AdWords, a component of the “Quality Score” is based on an
advertisement’s “clickthrough rate (CTR)” Id.; see also IPE0000061IPE0000062 ( “[t]he historical clickthrough rate (CTR) of the keyword and the
matched ad on Google; if the ad is appearing on a search network page, its CTR
on that search network partner is also considered” and that “[h]aving . . . a strong
6

CLAIM 10

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.

USA TODAY WEBSITE
CTR on Google . . . will result in a higher position for your ad.”). Google says
that, of the three components of Quality Score, CTR is “the biggest one by far”
and that “by allowing users to vote with their clicks, we have millions of people
that are helping us to decide which ads are best for each search query.”
IPE0000073. The CTR is feedback data from system users on advertisements
considered by the users.
The USA Today Website includes a system that combines pertaining feedback
data with content data in filtering information for relevance to the query. For
example the USA Today Website uses the Google AdWords system to display
advertisements. IPE0000680. Google states that AdWords uses a “Quality
Score” to evaluate an advertisement’s relevance. IPE0000063. The Quality
Score is a combination of factors including feedback data, i.e., “[a] keyword’s
clickthrough rate (CTR),” and content data, i.e., “the relevance of your ad text,
keyword, and landing page.” Id.; see also IPE0000062 (“Having relevant
keywords and ad text [and] a strong CTR on Google . . . will result in a higher
position for your ad.”).

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

USA TODAY WEBSITE
The USA Today Website uses the Google AdWords system, which collects and
uses feedback data in the form of clickthrough rate. IPE0000680; see claim 10
section d. The clickthrough rate recorded by Google AdWords is passive
feedback data.

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

USA TODAY WEBSITE
The USA Today Website uses the Google AdWords system to display
advertisements. IPE0000680. Google AdWords passively monitors a user’s
behavior related to proposed advertisements. Google AdWords records the
clickthrough rates of each respective advertisement. See claim 10 section d.
7

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

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

USA TODAY WEBSITE
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the USA Today Website, 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, the USA Today Website includes a method for operating a search
engine system.
The USA Today Website searches for information (e.g., advertisements) relevant
to a search query. For example, when a user enters a search query into the search
bar on the USA Today Website (www.usatoday.com) and selects the “search”
button, the user is presented with a list of information, e.g., advertisements. See
IPE0000679-IPE0000681. The display of advertisements on Gannett’s USA
Today Website is provided by the Google AdWords system. IPE0000680 (“Ads
by Google”); see also IPE0000678 (showing that clicking a link redirects through
the www.google.com domain).
The USA Today Website scans a network to make a demand search for
information (e.g., advertisements) relevant to a query from a user. For example,
the search bar on the USA Today Website allows a user to enter a search query
and run a demand search. See section a. In response to the query, the Google
AdWords system that the USA Today Website uses to display advertisements
conducts a demand search for information. See IPE0000679-IPE0000681.
Google uses distributed databases in its systems, and the databases distribute
information across several locations on a network. IPE0000011-IPE0000024;
see also IPE0000026(showing distributed systems). Additionally, the system
collects information on landing pages of advertisements on the Internet.
IPE0000066 (“[t]he AdWords system retrieves advertiser landing pages to help
us better understand the relevance and quality of your AdWords ads as a whole. .
. . To fully understand the quality of your specified page, the system may follow
8

CLAIM 25
c. receiving the informons in a content-based
filter system from the scanning system and
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

USA TODAY WEBSITE
other links on the page.”).
The USA Today Website receives information from the scanning system and
filters the information on the basis of applicable content profile data for relevance
to the query. For example the USA Today Website uses the Google AdWords
system to display advertisements. IPE0000680. Google AdWords receives and
filters advertisements on the basis of content data (e.g., ad text, keyword, and
landing page attributes) for relevance to the query. IPE0000058. “AdWords
uses a dynamic variable called ‘Quality Score’ to evaluate keyword relevance”
and that “Quality Score is based [in part] on . . . the relevance of your ad text,
keyword, and landing page.” Id.; see also IPE0000061-IPE0000062 (“[t]he
Quality Score for Ad Rank on Google and the search network is determined by . .
. the relevance of the keyword and the matched ad to the search query” and that
“[h]aving relevant keywords and ad text . . . will result in a higher position for
your ad.”).
The USA Today Website also receives feedback data from system users, the
feedback data being related to the website information returned as results and
considered by users. For example the USA Today Website uses the Google
AdWords system to display advertisements. IPE0000680. Google AdWords
receives feedback (in the form of clickthrough data) about information, e.g.,
advertisements, considered by the other users. See IPE0000064 (“Millions of
users click on AdWords ads every day. Every single one of those clicks – and
the even more numerous impressions associated with them – is analyzed by our
filters (stage 1), which operate in real-time.”). Google AdWords uses the
“dynamic variable called ‘Quality Score’ to evaluate keyword relevance.”
IPE0000058. In AdWords, a component of the “Quality Score” is based on an
advertisement’s “clickthrough rate (CTR)” Id.; see also IPE0000061IPE0000062 (“[t]he historical clickthrough rate (CTR) of the keyword and the
matched ad on Google; if the ad is appearing on a search network page, its CTR
on that search network partner is also considered” and that “[h]aving . . . a strong
CTR on Google . . . will result in a higher position for your ad.”). Google says
that, of the three components of Quality Score, CTR is “the biggest one by far”
and that “by allowing users to vote with their clicks, we have millions of people
9

CLAIM 25

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

USA TODAY WEBSITE
that are helping us to decide which ads are best for each search query.”
IPE0000073. The CTR is feedback from system users relative to advertisements
considered by the users.
The USA Today Website combines pertaining feedback data with content data in
filtering information for relevance to the query. For example the USA Today
Website uses the Google AdWords system to display advertisements.
IPE0000680. Google states that AdWords uses a “Quality Score” to rank
advertisements. IPE0000063. The Quality Score is a combination of factors
including feedback data, i.e., “[a] keyword’s clickthrough rate (CTR),” and
content data, i.e., “the relevance of your ad text, keyword, and landing page.”
Id.; see also IPE0000062 (“Having relevant keywords and ad text [and] a strong
CTR on Google . . . will result in a higher position for your ad.”).

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

USA TODAY WEBSITE
The USA Today Website uses the Google AdWords system, which collects and
uses feedback data in the form of clickthrough rate. IPE0000680; see claim 10
section d. The clickthrough rate recorded by Google AdWords is passive
feedback data.

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

USA TODAY WEBSITE
The USA Today Website uses the Google AdWords system to display
advertisements. IPE0000680. Google AdWords records the clickthrough rates
of each respective advertisement. See claim 25 section d.

10

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

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

USA TODAY WEBSITE
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the USA Today Website, 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, the USA Today Website includes a search system.
The USA Today Website searches for information (e.g., advertisements) relevant
to a search query. For example, when a user enters a search query into the search
bar on the USA Today Website and selects the “search” button, the user is
presented with a list of information, e.g., advertisements. See IPE0000679IPE0000681. The display of advertisements on Gannett’s USA Today Website is
provided by the Google AdWords system. IPE0000680 (“Ads by Google”); see
also IPE0000678 (showing that clicking a link redirects through the
www.google.com domain).
The USA Today Website includes a system for searching for information
relevant to a query from a user. For example, the search bar on the USA Today
Website allows a user to enter a search query and run a demand search. See
section a. In response to the query, the Google AdWords system that the USA
Today Website uses to display advertisements conducts a demand search for
information. See IPE0000679-IPE0000681. Google AdWords searches for the
information, in part, on the basis of content data (e.g., ad text, keyword, and
landing page attributes) for relevance to the query. IPE0000058. Google states
that “AdWords uses a dynamic variable called ‘Quality Score’ to evaluate
keyword relevance” and that “Quality Score is based [in part] on . . . the
relevance of your ad text, keyword, and landing page.” Id.; see also
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.

USA TODAY WEBSITE
IPE0000061-IPE0000062 (“[t]he Quality Score for Ad Rank on Google and the
search network is determined by . . . the relevance of the keyword and the
matched ad to the search query” and that “[h]aving relevant keywords and ad text
. . . will result in a higher position for your ad.”).
The USA Today Website includes a system for receiving information found to be
relevant to the query by users of the system. For example the USA Today
Website uses the Google AdWords system to display advertisements.
IPE0000680. Google AdWords receives feedback (in the form of clickthrough
data) about information, e.g., advertisements, considered by the other users. See
IPE0000064 (“Millions of users click on AdWords ads every day. Every single
one of those clicks – and the even more numerous impressions associated with
them – is analyzed by our filters (stage 1), which operate in real-time.”). Google
AdWords uses the “dynamic variable called ‘Quality Score’ to evaluate keyword
relevance.” IPE0000058. In AdWords, a component of the “Quality Score” is
based on an advertisement’s “clickthrough rate (CTR)” Id.; see also
IPE0000061-IPE0000062 (“[t]he historical clickthrough rate (CTR) of the
keyword and the matched ad on Google; if the ad is appearing on a search
network page, its CTR on that search network partner is also considered” and that
“[h]aving . . . a strong CTR on Google . . . will result in a higher position for your
ad.”). Google says that, of the three components of Quality Score, CTR is “the
biggest one by far” and that “by allowing users to vote with their clicks, we have
millions of people that are helping us to decide which ads are best for each search
query.” IPE0000073. The CTR is feedback on advertisements other users found
to be relevant to the query.
The USA Today Website includes a system for combining information from the
feedback system with information from the scanning system to filter information
for relevance to the query. For example the USA Today Website uses the Google
AdWords system to display advertisements. IPE0000680. Google states that
AdWords uses a “Quality Score” to evaluate an advertisement’s relevance.
IPE0000063. The Quality Score is a combination of factors including feedback
data, i.e., “[a] keyword’s clickthrough rate (CTR),” and content data, i.e., “the
relevance of your ad text, keyword, and landing page.” Id.; see also IPE0000062
12

CLAIM 1

CLAIM 5
The search system of claim 1 wherein the
filtered information is an advertisement.

USA TODAY WEBSITE
(“Having relevant keywords and ad text [and] a strong CTR on Google . . . will
result in a higher position for your ad.”).

USA TODAY WEBSITE
The USA Today Website uses the Google AdWords system to display
advertisements. IPE0000680. Google AdWords filters advertisements. See
claim 1 sections a-d.

CLAIM 6
USA TODAY WEBSITE
The search system of claim 1 further comprising The USA Today Website displays information to a user in the form of links to
an information delivery system for delivering the websites with short descriptions. See IPE0000679-IPE0000681 (displaying an
example search for “grill”).
filtered information to the first user.

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

USA TODAY WEBSITE
The USA Today Website uses Google AdWords to display advertisements.
IPE0000680. Google AdWords extracts features (e.g., text) from an
advertisement to perform content-based filtering. IPE0000058.

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.

USA TODAY WEBSITE
In Google AdWords, 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.

13

CLAIM 26
a. A method for obtaining information relevant
to a first user comprising:

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

USA TODAY WEBSITE
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the USA Today Website, 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, the USA Today Website includes a method for obtaining information
relevant to a first user.
The USA Today Website searches for other information (e.g., advertisements)
relevant to a user. For example, when a user enters a search query into the search
bar on the USA Today Website and selects the “search” button, the user is
presented with a list of information, e.g., advertisements. See IPE0000679IPE0000681. The display of advertisements on Gannett’s USA Today Website is
provided by the Google AdWords system. IPE0000680 (“Ads by Google”); see
also IPE0000678 (showing that clicking a link redirects through the
www.google.com domain).
The USA Today Website searches for information relevant to a query associated
with a user. For example, the search bar on the USA Today Website allows a
user to enter a search query and run a demand search. See section a. In response
to the query, the Google AdWords system that the USA Today Website uses to
display advertisements conducts a demand search for information. See
IPE0000679-IPE0000681. Google AdWords searches the information, in part,
on the basis of content data (e.g., ad text, keyword, and landing page attributes)
for relevance to the query. IPE0000058. Google states that “AdWords uses a
dynamic variable called ‘Quality Score’ to evaluate keyword relevance” and that
“Quality Score is based [in part] on . . . the relevance of your ad text, keyword,
and landing page.” Id.; see also IPE0000061-IPE0000062 (“[t]he Quality Score
for Ad Rank on Google and the search network is determined by . . . the
relevance of the keyword and the matched ad to the search query” and that
14

CLAIM 26

c. receiving information found to be relevant to
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

USA TODAY WEBSITE
“[h]aving relevant keywords and ad text . . . will result in a higher position for
your ad.”).
The USA Today Website receives information found to be relevant to the query
by users of the system. For example, the USA Today Website uses Google
AdWords to display advertisements. IPE0000680. Google AdWords receives
feedback (in the form of clickthrough data) about information, e.g.,
advertisements, considered by the other users. See IPE0000064 (“Millions of
users click on AdWords ads every day. Every single one of those clicks – and the
even more numerous impressions associated with them – is analyzed by our
filters (stage 1), which operate in real-time.”). Google AdWords uses the
“dynamic variable called ‘Quality Score’ to evaluate keyword relevance.”
IPE0000058. In AdWords, a component of the “Quality Score” is based on an
advertisement’s “clickthrough rate (CTR)” Id.; see also IPE0000061IPE0000062 (“[t]he historical clickthrough rate (CTR) of the keyword and the
matched ad on Google; if the ad is appearing on a search network page, its CTR
on that search network partner is also considered” and that “[h]aving . . . a strong
CTR on Google . . . will result in a higher position for your ad.”). Google says
that, of the three components of Quality Score, CTR is “the biggest one by far”
and that “by allowing users to vote with their clicks, we have millions of people
that are helping us to decide which ads are best for each search query.”
IPE0000073. The CTR is feedback on advertisements that other users found
relevant to the query.
The USA Today Website combines information found to be relevant to the query
with the searched information. For example, the USA Today Website uses
Google AdWords to display advertisements. IPE0000680. Google states that
AdWords uses a “Quality Score” to evaluate an advertisement’s relevance.
IPE0000063. The Quality Score is a combination of factors including feedback
data, i.e., “[a] keyword’s clickthrough rate (CTR),” and content data, i.e., “the
relevance of your ad text, keyword, and landing page.” Id.; see also IPE0000062
(“Having relevant keywords and ad text [and] a strong CTR on Google . . . will
result in a higher position for your ad.”).
The USA Today Website uses Google AdWords to display advertisements.
15

CLAIM 26
information for relevance to at least one of the
query and the first user.

USA TODAY WEBSITE
IPE0000680. Google AdWords calculates a “Quality Score” for each
advertisement, which combines content and feedback information. See claim 26
section d. The “Quality Score” is used to determine the relevance of the ad to the
query and/or the user. IPE0000058 (“For AdWords ads, the most important
factor in relevance and ranking is the ad's quality, also called the Quality
Score.”).

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

USA TODAY WEBSITE
The USA Today Website uses Google AdWords to display advertisements.
IPE0000680. Google AdWords delivers filtered information to a user in the form
of links to websites with short descriptions. See IPE0000679-IPE0000681
(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.

USA TODAY WEBSITE
The USA Today Website uses Google AdWords to display advertisements.
IPE0000680. Google AdWords scans a network in response to a demand search
for information relevant to a query from a user. For example, the search bar on
the USA Today Website allows a user to enter a search query and run a demand
search. See section a. In response to the query, the Google AdWords system that
the USA Today Website uses to display advertisements conducts a demand
search for information. See IPE0000679-IPE0000681. Google uses distributed
databases in its systems, and the databases distribute information across several
locations on a network. IPE0000011-IPE0000024; see also
IPE0000026(showing distributed systems). Additionally, the system collects
information on landing pages of advertisements on the Internet. IPE0000066
(“[t]he AdWords system retrieves advertiser landing pages to help us better
understand the relevance and quality of your AdWords ads as a whole. . . . To
fully understand the quality of your specified page, the system may follow other
16

CLAIM 38

USA TODAY WEBSITE
links on the page.”).

17

CERTIFICATE OF SERVICE

I hereby certify that on this 11th day of November, 2011, the foregoing Plaintiff I/P
Engine, Inc’s Preliminary Disclosure of Asserted Claims and Pre-Discovery Infringement
Contentions as to Gannett Company, Inc.’s Use of Google AdWords and Google AdSense for
Search, was served via email, on the following:

Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]

/s/ Armands Chagnon
Senior Paralegal

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