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

Filing 127

Memorandum in Opposition re 104 MOTION to Compel Plaintiff to Supplement its Infringement Contentions (REDACTED PUBLIC VERSION) filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Sherwood, Jeffrey)

Exhibit 4 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
Civ. Action No. 2:11-cv-512
)
IAC, INC. et al.,
)
)
Defendants.
)
__________________________________________)
PLAINTIFF I/P ENGINE, INC.’S PRELIMINARY DISCLOSURE OF
ASSERTED CLAIMS AND PRE-DISCOVERY INFRINGEMENT CONTENTIONS
AS TO IAC SEARCH & MEDIA, 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 IAC Search & Media, Inc.’s (“IAC”) 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
IAC’s system using Google AdWords (e.g., IAC’s Implementation of the Google AdWords
System) 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, IAC 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 IAC is literally present in IAC’s system using Google AdWords. If IAC
contends that any limitation of any of the asserted claims is not literally present in IAC’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 IAC’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 IAC identifies which elements it
contends are not present in IAC’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
an earlier effective date based on, without limitation, the filing of earlier related patent
applications.

2

D.

Indirect Infringement Disclosures

As demonstrated by the attached claim charts, the use of IAC’s system using Google
AdWords directly infringes the asserted claims of the ‘420 and ‘664 patents and establishes the
prerequisite act of direct infringement. IAC 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).
IAC, via publicly available materials, provides, sells, offers for sale, and/or promotes
the infringing system to customers that use IAC’s system using Google AdWords. Based on
these materials and uses, IAC intends for its customers to use IAC’s system using Google
AdWords in an infringing manner. Thus, IAC intends to cause infringement of the ‘420 and
‘664 patents.
By making, using, providing and promoting IAC’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 IAC’s system using Google AdWords in an infringing manner, IAC
actively and knowingly aids and abets infringement of the ‘420 and ‘664 patents and is liable
under induced infringement.
In addition, IAC’s system using Google AdWords is a material part of the claimed
invention of the ‘420 and ‘664 patents. IAC’s system using Google AdWords is especially made
or especially adapted for use with only infringing search engine systems and/or search systems.
Furthermore, IAC’s system using Google AdWords is not a staple article. IAC’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. IAC’s system using Google AdWords is also not suitable
for substantial non-infringing uses. Therefore, IAC 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

3

reserves the right to amend and/or supplement these infringement contentions if and when
further information regarding IAC’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
IAC’s Implementation of the Google AdWords System
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;

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the Ask 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
Ask Website includes a search engine system.
The Ask Website (www.ask.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 Ask Website and
selects the “search” button, the user is presented with a list of information, e.g.,
advertisements. See IPE0000661-IPE0000663. The display of advertisements on
the Ask Website is provided by the Google AdWords system. IPE0000688 (“A
substantial majority of the paid listings we display are supplied to us by Google
pursuant to a paid listing supply agreement with Google . . . . Pursuant to this
agreement, we transmit search queries to Google, which in turn transmits a set of
relevant and responsive paid listings back to us for display in search results . . . .
Google paid listings are . . . identified as ‘sponsored’ listings on search results
pages.”); see also IPE0000915 (showing that clicking a link redirects through the
www.google.com domain).
The Ask 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 Ask 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 Ask Website uses to display advertisements conducts a demand search for
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;

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
information. See IPE0000661-IPE0000663. 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 links on the page.”).
The Ask 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 Ask Website
uses the Google AdWords system to display advertisements. IPE0000688.
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 Ask 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 Ask Website uses the Google
AdWords system to display advertisements. IPE0000688. 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
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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 data from system users on advertisements
considered by the users.
The Ask Website includes a system that combines pertaining feedback data with
content data in filtering information for relevance to the query. For example, the
Ask Website uses the Google AdWords system to display advertisements.
IPE0000688. 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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses the Google AdWords system, which collects and uses
feedback data in the form of clickthrough rate. IPE0000688; 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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses the Google AdWords system to display advertisements.
IPE0000688. Google AdWords passively monitors a user’s behavior related to
7

CLAIM 15
monitoring the actual response to a proposed
informon.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
proposed advertisements. Google AdWords 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:

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the Ask 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
Ask Website includes a method for operating a search engine system.

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

The Ask 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 Ask Website (www.ask.com) and selects the “search” button, the user is
presented with a list of information, e.g., advertisements. See IPE0000661IPE0000663. The display of advertisements on the Ask Website is provided by
the Google AdWords system. IPE0000688 (“A substantial majority of the paid
listings we display are supplied to us by Google pursuant to a paid listing supply
agreement with Google . . . . Pursuant to this agreement, we transmit search
queries to Google, which in turn transmits a set of relevant and responsive paid
listings back to us for display in search results . . . . Google paid listings are . . .
identified as ‘sponsored’ listings on search results pages.”); see also IPE0000915
(showing that clicking a link redirects through the www.google.com domain).
The Ask 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 Ask 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 Ask
Website uses to display advertisements conducts a demand search for
information. See IPE0000661-IPE0000663. Google uses distributed databases in
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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 links on the page.”).
The Ask 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 Ask Website uses the Google AdWords system to
display advertisements. IPE0000688. 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 Ask 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 Ask Website uses the Google AdWords system to
display advertisements. IPE0000688. 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
9

CLAIM 25

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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 from system users relative to advertisements considered by
the users.
The Ask Website combines pertaining feedback data with content data in filtering
information for relevance to the query. For example, the Ask Website uses the
Google AdWords system to display advertisements. IPE0000688. 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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses the Google AdWords system, which collects and uses
feedback data in the form of clickthrough rate. IPE0000688; 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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses the Google AdWords system to display advertisements.
IPE0000688. Google AdWords records the clickthrough rates of each respective
advertisement. See claim 25 section d.
10

CLAIM 28

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

informon.

11

CLAIM CHART FOR INFRINGEMENT OF U.S. PATENT NO. 6,775,664
IAC’s Implementation of the Google AdWords System
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;

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the Ask 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
Ask Website includes a search system.
The Ask 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 Ask Website and selects the “search” button, the user is presented with a
list of information, e.g., advertisements. See IPE0000661-IPE0000663. The
display of advertisements on the Ask Website is provided by the Google
AdWords system. IPE0000688 (“A substantial majority of the paid listings we
display are supplied to us by Google pursuant to a paid listing supply agreement
with Google . . . . Pursuant to this agreement, we transmit search queries to
Google, which in turn transmits a set of relevant and responsive paid listings
back to us for display in search results . . . . Google paid listings are . . .
identified as ‘sponsored’ listings on search results pages.”); see also IPE0000915
(showing that clicking a link redirects through the www.google.com domain).
The Ask Website includes a system for searching for information relevant to a
query from a user. For example, the search bar on the Ask 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 Ask Website uses to display
advertisements conducts a demand search for information. See IPE0000661IPE0000663. 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
12

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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 “[h]aving relevant
keywords and ad text . . . will result in a higher position for your ad.”).
The Ask Website includes a system for receiving information found to be
relevant to the query by users of the system. For example, the Ask Website uses
the Google AdWords system to display advertisements. IPE0000688. 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 other users found to be
relevant to the query.
The Ask 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 Ask Website uses the Google AdWords
system to display advertisements. IPE0000688. Google states that AdWords
uses a “Quality Score” to evaluate an advertisement’s relevance. IPE0000063.
13

CLAIM 1

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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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.”).

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses the Google AdWords system to display advertisements.
IPE0000688. Google AdWords filters advertisements. See claim 1 sections a-d.

CLAIM 6
IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website displays information to a user in the form of links to websites
The search system of claim 1 further comprising
an information delivery system for delivering the with short descriptions. See IPE0000661-IPE0000663 (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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses Google AdWords to display advertisements. IPE0000688.
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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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.
14

CLAIM 22
the query and the user.

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;

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, the Ask 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
Ask Website includes a method for obtaining information relevant to a first user.
The Ask Website searches for information (e.g., advertisements) relevant to a
user. For example, when a user enters a search query into the search bar on the
Ask Website and selects the “search” button, the user is presented with a list of
information, e.g., advertisements. See IPE0000661-IPE0000663. The display of
advertisements on the Ask Website is provided by the Google AdWords system.
IPE0000688 (“A substantial majority of the paid listings we display are supplied
to us by Google pursuant to a paid listing supply agreement with Google . . . .
Pursuant to this agreement, we transmit search queries to Google, which in turn
transmits a set of relevant and responsive paid listings back to us for display in
search results . . . . Google paid listings are . . . identified as ‘sponsored’ listings
on search results pages.”); see also IPE0000915 (showing that clicking a link
redirects through the www.google.com domain).
The Ask Website searches for information relevant to a query associated with a
user. For example, the search bar on the Ask 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 Ask Website uses to display advertisements
conducts a demand search for information. See IPE0000661-IPE0000663.
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.
15

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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 “[h]aving relevant keywords and ad text
. . . will result in a higher position for your ad.”).
The Ask Website receives information found to be relevant to the query by users
of the system. For example, the Ask Website uses the Google AdWords system
to display advertisements. IPE0000688. 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 that other users found relevant to the
query.
The Ask Website combines information found to be relevant to the query with
the searched information. For example, the Ask Website uses the Google
AdWords system to display advertisements. IPE0000688. 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
16

CLAIM 26

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

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 Ask Website uses Google AdWords to display advertisements. IPE0000688.
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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses Google AdWords to display advertisements. IPE0000688.
Google AdWords delivers filtered information to a user in the form of links to
websites with short descriptions. See IPE0000661-IPE0000663 (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.

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses Google AdWords to display advertisements. IPE0000688.
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
Ask 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 Ask
Website uses to display advertisements conducts a demand search for
information. See IPE0000661-IPE0000663. 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
17

CLAIM 38

IAC’S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 links on the page.”).

18

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 IAC Search & Media, 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

DSMDB-2997346v1