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 I

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 AOL, INC.’S ADVERTISING.COM SPONSORED LISTINGS
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 AOL, Inc.’s (“AOL”) products, methods and systems promoted under the
name of AOL’s Advertising.com Sponsored Listings ( “AOL Sponsored Listings”) 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 limitation
of each claim is listed separately. The right column of the claim charts includes the features of
AOL Sponsored Listings 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,
AOL is liable for direct infringement of the ‘420 and ‘664 patents.

1

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 AOL’s marketing
materials and other publicly available sources, each limitation of each claim of the ‘420 and ‘664
patents asserted against AOL is literally present in AOL Sponsored Listings. If AOL contends
that any limitation of any of the asserted claims is not literally present in AOL Sponsored
Listings, any such limitation of the asserted claims is present under the doctrine of equivalents
because the difference(s), if any, between AOL Sponsored Listings, 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 AOL identifies which elements it contends are not
present in AOL Sponsored Listings.
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
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 AOL Sponsored Listings
directly infringes the asserted claims of the ‘420 and ‘664 patents and establishes the prerequisite
act of direct infringement. AOL 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).

2

AOL, via its marketing materials and other publicly available sources, provides, sells,
offers for sale, and/or promotes the infringing products, methods and systems of AOL Sponsored
Listings to its Publishers, advertisers and/or end users that use the infringing AOL Sponsored
Listings. Based on these marketing materials and uses, AOL intends for its Publishers,
advertisers and/or end users to use AOL Sponsored Listings in an infringing manner. Thus,
AOL intends to cause infringement of the ‘420 and ‘664 patents.
By making, using, providing, selling, and/or promoting its infringing AOL Sponsored
Listings, and by continuing to provide, sell, offer for sale, and/or promote its infringing AOL
Sponsored Listings, with the intention of causing at least some Publishers, advertisers and/or end
users to use AOL Sponsored Listings in an infringing manner, AOL actively and knowingly aids
and abets infringement of the ‘420 and ‘664 patents and is liable under induced infringement.
In addition, AOL Sponsored Listings is a material part of the claimed invention of the
‘420 and ‘664 patents. AOL Sponsored Listings is especially made or especially adapted for use
with only infringing search engine systems and/or search systems. Furthermore, AOL Sponsored
Listings is not a staple article. AOL Sponsored Listings is not a commodity of commerce and
can only be used with infringing search engine systems and/or search systems. AOL Sponsored
Listings is also not suitable for substantial non-infringing uses. Therefore, AOL 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 AOL Sponsored Listings 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
AOL Sponsored Listings
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;

AOL SPONSORED LISTINGS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, AOL Sponsored Listings, 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, AOL Sponsored Listings includes a search engine system.
AOL Sponsored Listings includes a search engine system that 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 AOL’s website and selects the
“search” button, the user is presented a list of information, e.g., advertisements.
See IPE0000337-IPE0000339. Upon information and belief, AOL Sponsored
Listings also uses its search engine system to display advertisements on the
websites of its Publishers, i.e., websites in the “Sponsored Listings Network.”
IPE0000351; see also IPE0000342-IPE0000344 (listing publishers such as
ESPN, Us Weekly, and FOX News, so that an advertiser can select placements
for their advertisements).
AOL Sponsored Listings includes a system for scanning a network to make a
demand search for information relevant to a query from a user. For example,
search bars on sites affiliated with AOL Sponsored Listings, such as the AOL
website (www.AOL.com) and websites in the “Sponsored Listings Network,”
allow a user to enter a search term to run a demand search. See section a. In
response to the query, the system conducts a demand search for information. See
IPE0000337-IPE0000339. Upon information and belief, the information is
stored on a distributed database across several locations on a network(s).
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;

AOL SPONSORED LISTINGS
AOL Sponsored Listings 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, AOL’s website is
included in AOL’s Sponsored Listings Network, which was formerly known as
Quigo Technologies, Inc. IPE0000340. Upon information and belief, the Quigo
system is at least partially incorporated into AOL’s website and AOL Sponsored
Listings. The Quigo system filters on the basis of content profile data.
IPE0000349 (“Impression volume is determined by a combination of factors
including . . . contextual relevancy . . . . To increase your exposure, you now
have several options: Make sure the topics you bid on are relevant to your
landing page(s). Choose as many topics as you can that are relevant to your
ads.”).
AOL Sponsored Listings 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 Quigo system receives
feedback (in the form of clickthrough data) about information, e.g.,
advertisements, considered by the other users. IPE0000349 (“your click-through
rate will begin to more heavily influence the number of impressions your ads
receive. Impression volume is determined by a combination of factors including
bid price, contextual relevancy and click-through rate.”). Advertisers “[t]est and
refine [their] creative messaging to improve click-through rates. Ads with high
click-through rates will gain more exposure at their existing bid price!” Id.
Additionally, a FAQ published in relation to AOL’s acquired Quigo system
states: “Do I need to be the highest bidder? No! You should bid what you are
willing to pay per click for each placement. While being the highest bidder does
increase the chances that your ad will be shown, we also take into account how
well your ad performs when deciding which ad to display on a particular site
page.” IPE0000346.

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.

AOL SPONSORED LISTINGS
AOL Sponsored Listings includes a system that combines pertaining feedback
data with content data in filtering information for relevance to the query. The
filters advertisements to determine their relevancy to a query by combining
content data (“contextual relevancy”) and feedback data from the feedback
system (“click-through rate”). IPE0000349.

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

AOL SPONSORED LISTINGS
AOL Sponsored Listings collects and uses feedback data in the form of CTR.
See claim 10 section d. The CTR recorded by AOL Sponsored Listings 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.

AOL SPONSORED LISTINGS
AOL Sponsored Listings passively monitors a user’s behavior related to
proposed advertisements. AOL Sponsored Listings records the clickthrough
rates of each respective advertisement. See claim 10 section d.

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

AOL SPONSORED LISTINGS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, AOL Sponsored Listings, 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, AOL Sponsored Listings includes a method for operating a search

7

CLAIM 25

AOL SPONSORED LISTINGS
engine system.

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

AOL Sponsored Listings includes a search engine system that 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 AOL’s website and selects the
“search” button, the user is presented a list of information, e.g., advertisements.
See IPE0000337-IPE0000339. Upon information and belief, AOL Sponsored
Listings also uses its search engine system to display advertisements on the
websites of its Publishers, i.e., websites in the “Sponsored Listings Network.”
IPE0000351; see also IPE0000342-IPE0000344 (listing publishers such as
ESPN, Us Weekly, and FOX News, so that an advertiser can select placements
for their advertisements).
AOL Sponsored Listings scans a network to make a demand search for
information (e.g., advertisements) relevant to a query from a user. For example,
search bars on sites affiliated with AOL Sponsored Listings, such as the AOL
website (www.AOL.com) and websites in the “Sponsored Listings Network,”
allow a user to enter a search term to run a demand search. See section a. In
response to the query, the system conducts a demand search for information. See
IPE0000337-IPE0000339. Upon information and belief, the information is
stored on a distributed database across several locations on a network(s).
AOL Sponsored Listings 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, AOL’s website is included in AOL’s Sponsored
Listings Network, which was formerly known as Quigo. IPE0000340. Upon
information and belief, the Quigo system is at least partially incorporated into
AOL’s website and AOL Sponsored Listings. The Quigo system filters on the
basis of content profile data. IPE0000349 (“Impression volume is determined by
a combination of factors including . . . contextual relevancy . . . . To increase
your exposure, you now have several options: Make sure the topics you bid on
are relevant to your landing page(s). Choose as many topics as you can that are
relevant to your ads.”).

8

CLAIM 25
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.

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

AOL SPONSORED LISTINGS
AOL Sponsored Listings 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 Quigo system receives feedback (in the
form of clickthrough data) about information, e.g., advertisements, considered by
the other users. IPE0000349 (“your click-through rate will begin to more heavily
influence the number of impressions your ads receive. Impression volume is
determined by a combination of factors including bid price, contextual relevancy
and click-through rate.”). Advertisers “[t]est and refine [their] creative
messaging to improve click-through rates. Ads with high click-through rates will
gain more exposure at their existing bid price!” Id. Additionally, a FAQ
published in relation to AOL’s acquired Quigo system states: “Do I need to be
the highest bidder? No! You should bid what you are willing to pay per click for
each placement. While being the highest bidder does increase the chances that
your ad will be shown, we also take into account how well your ad performs
when deciding which ad to display on a particular site page.” IPE0000346.
AOL Sponsored Listings combines pertaining feedback data with content data in
filtering information for relevance to the query. The Quigo system filters
advertisements to determine their relevancy to a query by combining content data
(“contextual relevancy”) and feedback data from the feedback system (“clickthrough rate”). IPE0000349.

AOL SPONSORED LISTINGS
AOL Sponsored Listings collects and uses feedback data in the form of CTR.
See claim 25 section d. The CTR recorded by AOL Sponsored Listings is
passive feedback data.

9

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

AOL SPONSORED LISTINGS
AOL Sponsored Listings passively monitors a user’s behavior related to
proposed advertisements. AOL Sponsored Listings 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
AOL Sponsored Listings
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;

AOL SPONSORED LISTINGS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, AOL Sponsored Listings, 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, AOL Sponsored Listings includes a search system.
AOL Sponsored Listings includes a system that 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 AOL’s website and selects the “search”
button, the user is presented a list of information, e.g., advertisements. See
IPE0000337-IPE0000339. Upon information and belief, AOL Sponsored
Listings also uses its search engine system to display advertisements on the
websites of its Publishers, i.e., websites in the “Sponsored Listings Network.”
IPE0000351; see also IPE0000342-IPE0000344 (listing publishers such as
ESPN, Us Weekly, and FOX News, so that an advertiser can select placements
for their advertisements).
AOL Sponsored Listings includes a system for searching for information relevant
to a query from a user. For example, search bars on sites affiliated with AOL
Sponsored Listings, such as the AOL website (www.AOL.com) and websites in
the “Sponsored Listings Network,” allow a user to enter a search term to run a
demand search. See section a. In response to the query, the system conducts a
search for information. See IPE0000337-IPE0000339. AOL Sponsored Listings
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. Upon
information and belief, the Quigo system is incorporated into AOL Sponsored
Listings. The Quigo system filters on the basis of content profile data.
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.

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

AOL SPONSORED LISTINGS
IPE0000349 (“Impression volume is determined by a combination of factors
including . . . contextual relevancy . . . . To increase your exposure, you now
have several options: Make sure the topics you bid on are relevant to your
landing page(s). Choose as many topics as you can that are relevant to your
ads.”).
AOL Sponsored Listings includes a system for receiving information found to be
relevant to the query by users of the system. For example, the Quigo system
receives feedback (in the form of clickthrough data) about information, e.g.,
advertisements, considered by the other users. IPE0000349 (“your click-through
rate will begin to more heavily influence the number of impressions your ads
receive. Impression volume is determined by a combination of factors including
bid price, contextual relevancy and click-through rate.”). Advertisers “[t]est and
refine [their] creative messaging to improve click-through rates. Ads with high
click-through rates will gain more exposure at their existing bid price!” Id.
Additionally, a FAQ published in relation to AOL’s acquired Quigo system
states: “Do I need to be the highest bidder? No! You should bid what you are
willing to pay per click for each placement. While being the highest bidder does
increase the chances that your ad will be shown, we also take into account how
well your ad performs when deciding which ad to display on a particular site
page.” IPE0000346.
AOL Sponsored Listings includes a system for combining information from the
feedback system with information from the scanning system to filter information
for relevance to the query. The Quigo system filters advertisements to determine
their relevancy to a query by combining content data (“contextual relevancy”)
and feedback data from the feedback system (“click-through rate”). IPE0000349.

AOL SPONSORED LISTINGS
AOL Sponsored Listings filters advertisements. See claim 1 sections a-d.

12

CLAIM 6
AOL SPONSORED LISTINGS
The search system of claim 1 further comprising AOL Sponsored Listings delivers information to a user in the form of links to
an information delivery system for delivering the websites with short descriptions. See IPE0000337-IPE0000339 (displaying an
filtered information to the first user.
example search for “grill”).

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

AOL SPONSORED LISTINGS
AOL Sponsored Listings extracts features (e.g., text) from an advertisement to
perform content-based filtering. IPE0000349.

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.

AOL SPONSORED LISTINGS
In AOL Sponsored Listings, 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;

AOL SPONSORED LISTINGS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, AOL Sponsored Listings, 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, AOL Sponsored Listings includes a method for obtaining information
relevant to a first user.
AOL Sponsored Listings includes a method for obtaining information relevant to
a user. For example, when a user enters a search query into the search bar on
AOL’s website and selects the “search” button, the user is presented a list of
information, e.g., advertisements. See IPE0000337-IPE0000339. Upon
information and belief, AOL Sponsored Listings also uses its search engine
system to display advertisements on the websites of its Publishers, i.e., websites
in the “Sponsored Listings Network.” IPE0000351; see also IPE0000342IPE0000344 (listing publishers such as ESPN, Us Weekly, and FOX News, so
that an advertiser can select placements for their advertisements).
AOL Sponsored Listings searches for information relevant to a query associated
with a user. For example, search bars on sites affiliated with AOL Sponsored
Listings, such as the AOL website (www.AOL.com) and websites in the
“Sponsored Listings Network,” allow a user to enter a search term to run a
demand search. See section a. In response to the query, the system conducts a
search for information. See IPE0000337-IPE0000339. AOL Sponsored Listings
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. Upon
information and belief, the Quigo system is incorporated into AOL Sponsored
Listings. The Quigo system filters on the basis of content profile data.
IPE0000349 (“Impression volume is determined by a combination of factors
including . . . contextual relevancy . . . . To increase your exposure, you now
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
information for relevance to at least one of the
query and the first user.

AOL SPONSORED LISTINGS
have several options: Make sure the topics you bid on are relevant to your
landing page(s). Choose as many topics as you can that are relevant to your
ads.”).
AOL Sponsored Listings receives information found to be relevant to the query
by users of the system. For example, the Quigo system receives feedback (in the
form of clickthrough data) about information, e.g., advertisements, considered by
the other users. IPE0000349 (“your click-through rate will begin to more heavily
influence the number of impressions your ads receive. Impression volume is
determined by a combination of factors including bid price, contextual relevancy
and click-through rate.”). Advertisers “[t]est and refine [their] creative
messaging to improve click-through rates. Ads with high click-through rates will
gain more exposure at their existing bid price!” Id. Additionally, a FAQ
published in relation to AOL’s acquired Quigo system states: “Do I need to be
the highest bidder? No! You should bid what you are willing to pay per click for
each placement. While being the highest bidder does increase the chances that
your ad will be shown, we also take into account how well your ad performs
when deciding which ad to display on a particular site page.” IPE0000346.
AOL Sponsored Listings combines information found to be relevant to the query
with the searched information. The Quigo system filters advertisements to
determine their relevancy to a query by combining content data (“contextual
relevancy”) and feedback data from the feedback system (“click-through rate”).
IPE0000349.
Upon information and belief, the information combined in section d is filtered for
relevance to the user’s query, and is displayed along with other query results.
See IPE0000349 (describing that the number of impressions – the number of
times an ad is displayed to a user – is based on the combination of contextual
relevancy and click-through rate); see also IPE0000337-IPE0000339 (showing
an example search for the term “grill”); IPE0000347-IPE0000348.

15

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

AOL SPONSORED LISTINGS
AOL Sponsored Listings delivers filtered information to a user in the form of
links to websites with short descriptions. See IPE0000337-IPE0000339
(displaying an example search for the term “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.

AOL SPONSORED LISTINGS
AOL Sponsored Listings scans a network in response to a demand search for
information relevant to a query from a user. For example, search bars on sites
affiliated with AOL Sponsored Listings, such as the AOL website
(www.AOL.com) and websites in the “Sponsored Listings Network,” allow a
user to enter a search term to run a demand search. See section a. In response to
the query, the system conducts a demand search for information. See
IPE0000337-IPE0000339. Upon information and belief, the information is
stored on a distributed database across several locations on a network(s).

16

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 AOL, Inc.’s Advertising.com Sponsored Listings, 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

DSMDB-2997346v1