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

Filing 222

Reply to Motion re 200 MOTION for Sanctions Motion for Discovery Sanctions Regarding Untimely Disclosed Prior Art 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)(Sherwood, Jeffrey)

Exhibit 2 

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 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 Google, Inc.’s (“Google”) 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 are reproduced in the attached claim
charts. The left column of the claim charts includes the language of each claim; each limitation
of each claim is listed separately. The right column of the claim charts includes the features of

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.

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

Identification of Infringing Structure, Acts, and/or Materials

As demonstrated by the attached claim charts and as described in Google’s marketing
materials and other publicly available sources, each limitation of each claim of the ‘420 and ‘664
patents asserted against Google is literally present in Google AdWords. If Google contends that
any limitation of any of the asserted claims is not literally present in Google AdWords, any such
limitation of the asserted claims is present under the doctrine of equivalents because the
difference(s), if any, between 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 Google identifies which elements it contends are not present in
Google AdWords.
C.

Identification of Priority Date

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

2

D.

Indirect Infringement Disclosures

As demonstrated by the attached claim charts and the contentions as to other
defendants, the use of Google AdWords directly infringes the asserted claims of the ‘420 and
‘664 patents and establishes the prerequisite act of direct infringement. Google has also had
knowledge of the ‘420 and ‘664 patents at least as early as the filing date of this lawsuit,
September 15, 2011 (D.I. 001).
Google, via its marketing materials and other publicly available sources, provides,
sells, offers for sale, and/or promotes the infringing products, methods and systems of Google
AdWords to its members of the Google Search Network, advertisers and/or end users that use the
infringing Google AdWords. IPE0000001-IPE0000010; IPE0000025-IPE0000030;
IPE0000058-IPE0000060. Based on these marketing materials and uses, Google intends for its
members of the Google Search Network, advertisers and/or end users to use Google AdWords in
an infringing manner. Thus, Google intends to cause infringement of the ‘420 and ‘664 patents.
By making, using, providing, selling, and/or promoting its infringing Google
AdWords, and by continuing to provide, sell, offer for sale, and/or promote its infringing Google
AdWords, with the intention of causing at least some members of the Google Search Network,
advertisers and/or end users to use Google AdWords in an infringing manner, Google actively
and knowingly aids and abets infringement of the ‘420 and ‘664 patents and is liable under
induced infringement.
In addition, Google AdWords is a material part of the claimed invention of the ‘420
and ‘664 patents. Google AdWords is especially made or especially adapted for use with only
infringing search engine systems and/or search systems. Furthermore, Google AdWords is not a
staple article. Google AdWords is not a commodity of commerce and can only be used with

3

infringing search engine systems and/or search systems. Google AdWords is also not suitable
for substantial non-infringing uses. Therefore, Google 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 Google AdWords becomes available and/or for other good cause.
Dated: November 7, 2011

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

4

CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of November, 2011, the foregoing Plaintiff I/P
Engine, Inc’s Preliminary Disclosure of Asserted Claims and Pre-Discovery Infringement
Contentions as to 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

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

GOOGLE ADWORDS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google AdWords, and the preamble. See,
e.g., Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288
(Fed. Cir. 2008)(“Absent clear reliance on the preamble in the prosecution
history, or in situations where it is necessary to provide antecedent basis for the
body of the claim, the preamble generally is not limiting.”)(quotation omitted).
However, Google AdWords includes a search engine system.
Google AdWords 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 Google’s website and selects the
“search” button, the user is presented a list of information, e.g., advertisements.
See IPE0000051-IPE0000052. In certain configurations, these advertisements
are displayed as “Sponsored Links” next to, above, and/or below the website
results. Id.

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

Google AdWords is also used to display advertisements in response to search
queries on websites in the “Google Search Network.” IPE0000065; see also
IPE0000054-IPE0000057 (describing various locations that AdWords
advertisements will appear, including the “Google Network” which includes
partner websites).
Google AdWords includes a system for scanning a network to make a demand
search for information relevant to a query from a user. For example, the search
bar on Google’s website (www.google.com) and other “search network” sites
allows a user to enter a search query and run a demand search. See section a. In
response to the query, the system conducts a demand search for information. See
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;

GOOGLE ADWORDS
IPE0000051-IPE0000053. 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.”).
Google AdWords 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, 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.”).
Google AdWords includes a system that receives feedback data from system
users, the feedback data being related to the website information returned as
results and considered by users. For example, Google 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
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.

GOOGLE ADWORDS
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.
Google AdWords includes a system that combines pertaining feedback data with
content data in filtering information for relevance to the query. For example,
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.

GOOGLE ADWORDS
Google AdWords collects and uses feedback data in the form of CTR. See claim
10 section d. The CTR 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.

GOOGLE ADWORDS
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:

GOOGLE ADWORDS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google AdWords, and the preamble. See,
e.g., Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288
(Fed. Cir. 2008)(“Absent clear reliance on the preamble in the prosecution
history, or in situations where it is necessary to provide antecedent basis for the
body of the claim, the preamble generally is not limiting.”)(quotation omitted).
However, Google AdWords includes a method for operating a search engine
system.
Google AdWords 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 Google’s website and selects the
“search” button, the user is presented a list of information, e.g., advertisements.
See IPE0000051-IPE0000052. In certain configurations, these advertisements
are displayed as “Sponsored Links” next to, above, and/or below the website
results. Id.

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

Google AdWords is also used to display advertisements in response to search
queries on websites in the “Google Search Network.” IPE0000065; see also
IPE0000054-IPE0000057 (describing various locations that AdWords
advertisements will appear, including the “Google Network” which includes
partner websites).
Google AdWords 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
Google’s website (www.google.com) and other “search network” sites allows a
user to enter a search query and run a demand search. See section a. In response
to the query, the system conducts a demand search for information. See
IPE0000051-IPE0000053. Google uses distributed databases in its systems, and
the databases distribute information across several locations on a network.
IPE0000011-IPE0000024; see also IPE0000026 (showing distributed systems).
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

GOOGLE ADWORDS
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.”).
Google AdWords 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, 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.”).
Google AdWords 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, 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 realtime.”). 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
9

CLAIM 25

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

GOOGLE ADWORDS
millions of people that are helping us to decide which ads are best for each search
query.” IPE0000073. The CTR is feedback from system user relative to
advertisements considered by the users.
Google AdWords combines pertaining feedback data with content data in
filtering information for relevance to the query. For example, Google 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.

GOOGLE ADWORDS
Google AdWords collects and uses feedback data in the form of CTR. See claim
25 section d. The CTR 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.

GOOGLE ADWORDS
Google AdWords passively monitors a user’s behavior related to proposed
advertisements. 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
Google AdWords
CLAIM 1
a. A search system comprising:

GOOGLE ADWORDS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google AdWords, and the preamble. See,
e.g., Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288
(Fed. Cir. 2008)(“Absent clear reliance on the preamble in the prosecution
history, or in situations where it is necessary to provide antecedent basis for the
body of the claim, the preamble generally is not limiting.”)(quotation omitted).
However, Google AdWords includes a search system.
Google AdWords 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 Google’s website and selects the “search”
button, the user is presented a list of information, e.g., advertisements. See
IPE0000051-IPE0000052. In certain configurations, these advertisements are
displayed as “Sponsored Links” next to, above, and/or below the website results.
Id.

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

Google AdWords is also used to display advertisements in response to search
queries on websites in the “Google Search Network.” IPE0000065; see also
IPE0000054-IPE0000057 (describing various locations that AdWords
advertisements will appear, including the “Google Network” which includes
partner websites).
Google AdWords includes a system for searching for information relevant to a
query from a user. For example, the search bar on Google’s website
(www.google.com) and other “search network” sites allows a user to enter a
search query and run a demand search. See section a. In response to the query,
the system conducts a demand search for information. See IPE0000051IPE0000053. Google AdWords searches for the information, in part, on the basis
11

CLAIM 1

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

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

GOOGLE ADWORDS
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 “[h]aving relevant
keywords and ad text . . . will result in a higher position for your ad.”).
Google AdWords includes a system for receiving information found to be
relevant to the query by users of the system. For example, 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.
Google AdWords 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, 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]
12

CLAIM 1

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

GOOGLE ADWORDS
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.”).

GOOGLE ADWORDS
Google AdWords filters advertisements. See claim 1 sections a-d.

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

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

GOOGLE ADWORDS
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.

GOOGLE ADWORDS
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:

GOOGLE ADWORDS
The preamble is typically not a limitation and thus no comparison needs to be
made between the accused system, Google AdWords, and the preamble. See,
e.g., Symantec Corp. v. Computer Associate Intern., Inc., 522 F.3d 1279, 1288
(Fed. Cir. 2008)(“Absent clear reliance on the preamble in the prosecution
history, or in situations where it is necessary to provide antecedent basis for the
body of the claim, the preamble generally is not limiting.”)(quotation omitted).
However, Google AdWords includes a method for obtaining information relevant
to a first user.
Google AdWords includes a method for obtaining information relevant to a user.
For example, when a user enters a search query into the search bar on Google’s
website and selects the “search” button, the user is presented a list of information,
e.g., advertisements. See IPE0000051-IPE0000052. In certain configurations,
these advertisements are displayed as “Sponsored Links” next to, above, and/or
below the website results. Id.

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

Google AdWords also includes methods for obtaining information relevant to a
user for the purpose of displaying search results and/or advertisements on
websites in the “Google Search Network.” IPE0000065; see also IPE0000054IPE0000057 (describing various locations that AdWords advertisements will
appear, including the “Google Network” which includes partner websites).
Google AdWords searches for information relevant to a query associated with a
user. For example, the search bar on Google’s website (www.google.com) and
other “search network” sites allows a user to enter a search query and run a
demand search. See section a. In response to the query, the system conducts a
demand search for information. See IPE0000051-IPE0000053. Google
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
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

GOOGLE ADWORDS
[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.”).
Google AdWords receives information found to be relevant to the query by users
of the system. For example, 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 realtime.”). 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.
Google AdWords combines information found to be relevant to the query with
the searched information. For example, 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.”).
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CLAIM 26
e. content-based filtering the combined
information for relevance to at least one of the
query and the first user.

GOOGLE ADWORDS
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 advertisement 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.

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

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

GOOGLE ADWORDS
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
Google’s website (www.google.com) and other “search network” sites allows a
user to enter a search query and run a demand search. See claim 26 section b. In
response to the query, the system conducts a demand search for information. See
IPE0000051-IPE0000053. 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.”).

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