I/P Engine, Inc. v. AOL, Inc. et al
Filing
608
Response to 115 MOTION to Seal I/P Engine, Inc.'s Motion to Seal Exhibits 15, 16, 17, 18, and 21 of IP Engine's Memorandum in Support of Its Motion to Compel Defendant Google, Inc.'s Custodial Document Production, 125 MOTION to Seal Motion to Seal I/P Engine's Opposition to Google and IAC's Motion to Compel Plaintiff to Supplement its Infringement Contentions Along with Exhibits 11, 12, 14, 15, 18, 21, and 22 in Support filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit Exhibit 15 (Lesser Redacted), # 2 Exhibit Exhibit 16 (Lesser Redacted), # 3 Exhibit Exhibit 17 (Lesser Redacted), # 4 Exhibit Exhibit 18 (Unredacted, Public Form), # 5 Exhibit Exhibit 21 (Lesser Redacted), # 6 Exhibit ECF 125 (Lesser Redacted), # 7 Exhibit Exhibit 11 (Lesser Redacted), # 8 Exhibit Exhibit 12 (Lesser Redacted), # 9 Exhibit Exhibit 15 (Lesser Redacted), # 10 Exhibit Exhibit 22 (Lesser Redacted))(Schultz, Donald)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
)
I/P ENGINE, INC.,
Plaintiff,
v.
AOL, INC. et al.,
Defendants.
)
)
)
)
)
)
)
)
)
Civ. Action No. 2:11-cv-512
MOTION TO SEAL VP ENGINE'S OPPOSITION TO GOOGLE AND IAC'S
MOTION TO COMPEL PLAINTIFF TO SUPPLEMENT ITS INFRINGEMENT
CONTENTIONS ALONG WITH EXHIBITS 11, 12, 14, 15, 18, 21 AND 22 IN
SUPPORT
EXHIBIT 11 FILED UNDER SEAL
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
I/P ENGINE, INC.,
Plaintiff,
V.
AOL, INC. et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
Civ. Action No. 2:11-cv-512
PLAINTIFF I/P ENGINE, INC'S SECOND PRELIMINARY DISCLOSURE OF
ASSERTED CLAIMS AND 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 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 Search' (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 colunm of the claim charts includes the language of each claim; each limitation
of each claim is listed separately. The right colunm 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; 1PE0000045.
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
Google AdWords that VP 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, Google's technical document production, 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
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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 Google's initial technical production, 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: February 17, 2012
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: (202) 420-2200
Facsimile: (202) 420-2201
Donald C. Schultz
W. Ryan Snow
CRENSHAW, WARE & MARTIN PLC
150 West Main Street
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
Counsel for Plaintiff I/P Engine, Inc.
4
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM CHART FOR INFRINGEMENT OF U.S. PATENT NO. 6,314,420
Goode 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 IPE0000051-1PE0000052. In certain configurations, these advertisements
are displayed as "Sponsored Links" next to, above, and/or below the website
results. Id.; see also G-IPE-0008836.
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); G-IPE-0008837 (showing "Ads on Google sites"); G-IPE0008842 (showing AdSense network).
"Search queries are received by one of the Google Web Servers (GWS) . . . It
passes that information to an Ad Server to choose a set of ads to return." G-IPE0009731. "For a search results page, the end user visits google.com (or an
AdSense for Search partner), enters a query, and sees results with ads." G-IPE5
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 10
GOOGLE ADWORDS
0009727. "On a search results page, we pick ads directly based on the user query
b. a system for scanning a network to make a
demand search for inforrnons relevant to a query
from an individual user;
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
IPE0000051-1PE0000053.
•
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).
6
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIIV1 10
GOOGLE ADWORDS
I.
II
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
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."); see also G-IPE-0146189;
G-IPE-0171697.
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
7
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 10
GOOGLE ADWORDS
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.").
d. a feedback system for receiving collaborative
feedback data from system users relative to
informons considered by such users;
•
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 IPE0000061-
8
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 10
GOOGLE ADWORDS
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 data from system users on advertisements
considered by the users.
e. the filter system combining pertaining
feedback data from the feedback system with the
content profile data in filtering each informon
for relevance to the query.
Google 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]
9
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
•
CLAIM 10
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.").
;
Further, the "Ad Quality Score" is illustrated as including three factors:
"Relevance," "CTR," and "Landing page quality." See G-IPE-0008850:
Ad Quality Score
,
z
.
'
Re1e ance
Three
factors:
CTR
,..
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.
10
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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.
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 wcbsite
results. Id.; see also G-IPE-0008836.
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); G-IPE-0008837 (showing "Ads on Google sites"); G-IPE-
11
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 25
GOOGLE ADWORDS
0008842 (showing AdSense network).
"Search queries are received by one of the Google Web Servers (GWS) . . . It
passes that information to an Ad Server to choose a set of ads to return." G-IPE0009731. "For a search results page, the end user visits google.com (or an
AdSense for Search partner), enters a query, and sees results with ads." G-IPE0009727. "On a search results page, we pick ads directly based on the user query
b. scanning a network to make a demand search
for informons relevant to a query from an
individual user;
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
IPE0000051-1PE0000053.
Google uses distributed databases in its systems, and the databases distribute
information across several locations on a network. IPE0000011-1PE0000024;
see also IPE0000026 (showing distributed systems). "Ad Server is the common
term for the set of machines and processes that together pick a set of ads, given a
query and possibly extra hints." G-IPE-0009734. "The component that is in
charge of the server is an Ad Mixer." Id.
"To suggest ads for the auction, the first thing the shards must do (in step 3) is to
find all of the eligible creatives or products, those that 'match the query" GIPE-0009735.
12
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 25
c. receiving the informons in a content-based
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."); see also G-IPE-0146189;
G-IPE-0171697.
Google AdWords receives information from the scanning system and filters the
13
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 25
filter system from the scanning system and
filtering the informons on the basis of applicable
content profile data for relevance to the query;
GOOGLE ADWORDS
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.").
d. receiving collaborative feedback data from
system users relative to informons considered by
such users; and
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
14
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 25
e. combining pertaining feedback data with the
content profile data in filtering each informon
for relevance to the query.
GOOGLE ADWORDS
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 from system users 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 filter advertisements. IPE0000063.
15
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM,25
GOOGLE ADWORDS
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.").
Further, the "Ad Quality Score" is illustrated as including three factors:
"Relevance," "CTR," and "Landing page quality." See G-IPE-0008850:
Ad Quality Score
,--" -------- •-•.
/
I Refevanne
Three
factors:
..-7
CTR
„.
---
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.
16
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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.
17
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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
IPE0000051-1PE0000052. In certain configurations, these advertisements are
displayed as "Sponsored Links" next to, above, and/or below the website results.
Id.; see also G-IPE-0008836.
Google AdWords is also used to display advertisements in response to search
queries on websites in the "Google Search Network." IPE0000065; see also
IPE00000544PE0000057 (describing various locations that AdWords
advertisements will appear, including the "Google Network" which includes
partner websites); G-IPE-0008837 (showing "Ads on Google sites"); G-IPE0008842 (showing AdSense network).
"Search queries are received by one of the Google Web Servers (GWS) . . . It
passes that information to an Ad Server to choose a set of ads to return." G-IPE0009731. "For a search results page, the end user visits google.com (or an
AdSense for Search partner), enters a query, and sees results with ads." G-IPE0009727. "On a search results page, we pick ads directly based on the user query
18
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 1
GOOGLE ADWORDS
b. a scanning system for searching for
information relevant to a query associated with a
first user in a plurality of users;
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 thc query,
the system conducts a demand search for information. See IPE0000051IPE0000053. Google AdWords searches for the information, in part, on the basis
of content data (e.g., ad text, keyword, and landing page attributes) for relevance
to the query. IPE0000058. Google states that "AdWords uses a dynamic
variable called 'Quality Score' to evaluate keyword relevance" and that "Quality
Score is based [in part] on . . . the relevance of your ad text, keyword, and
landing page." Id.; see also 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.").
c. a feedback system for receiving information
Google AdWords includes a system for receiving information found to be
19
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 1
found to be relevant to the query by other users;
and
GOOGLE ADWORDS
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.
d. content-based filter system for combining the
information from the feedback system with the
information from the scanning system and for
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
20
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 1
filtering the combined information for relevance
to at least one of the query and the first user.
GOOGLE ADWORDS
"Quality Score" to evaluate an advertisement's relevance. IPE0000063.
NB
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.").
Further, the "Ad Quality Score" is illustrated as including three factors:
"Relevance," "CTR," and "Landing page quality." See G-IPE-0008850:
Ad Quality Sosre
,..----7----,
. /
/
/
1 Rekvame i
Three
factors:
i
-)
CTR
/
21
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 5
The search system of claim 1 wherein the
filtered information is an advertisement.
GOOGLE ADWORDS
Google AdWords filters advertisements. See claim 1 sections a-d.
CLAIM 6
The search system of claim 1 further comprising
an information delivery system for delivering the
filtered information to the first user.
GOOGLE ADWORDS
Google AdWords delivers information to a user in the form of links to websites
with short descriptions. See IPE0000051-IPE0000053 (displaying an 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.
GOOGLE ADWORDS
Google AdWords extracts features (e.g., tcxt) 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.
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,
22
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 26
GOOGLE ADWORDS
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 IPE0000051-1PE0000052. In certain configurations,
these advertisements are displayed as "Sponsored Links" next to, above, and/or
below the website results. Id.; see also G-IPE-0008836.
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 IPE00000541PE0000057 (describing various locations that AdWords advertisements will
appear, including the "Google Network" which includes partner websites); GIPE-0008837 (showing "Ads on Google sites"); G-IPE-0008842 (showing
AdSense network).
"Search queries are received by one of the Google Web Servers (GWS) . . . It
passes that information to an Ad Server to choose a set of ads to return." G-IPE0009731. "For a search results page, the end user visits google.com (or an
AdSense for Search partner), enters a query, and sees results with ads." G-IPE0009727. "On a search results page, we pick ads directly based on the user query
b. searching for information relevant to a query
associated with a first user in a plurality of users;
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
23
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 26
c. receiving information found to be relevant to
the query by other users;
GOOGLE ADWORDS
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
[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 real-
24
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 26
d. combining the information found to be
relevant to the query by other users with the
searched information; and
GOOGLE ADWORDS
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.
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.").
25
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
•
CLAIM 26
GOOGLE ADWORDS
Further, the "Ad Quality Score" is illustrated as including three factors:
"Relevance," "CTR," and "Landing page quality." See G-IPE-0008850:
Ad Quality Score
Three
factors:
1
f
Reievarce
•CTR
_
•
,.,._
e. content-based filtering the combined
information for relevance to at least one of the
query and the first user.
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.").
26
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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 IPE0000051-1PE0000053 (displaying an
example search for "grill").
CLAIM 38
GOOGLE ADWORDS
38. The method of claim 26 wherein the
Google AdWords scans a network in response to a demand search for
searching step comprises scanning a network in
information relevant to a query from a user. For example, the search bar on
response to a demand search for the information Google's website (www.google.com ) and other "search network" sites allows a
relevant to the query associated with the first
user to enter a search query and run a demand search. See claim 26 section b. In
user.
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).
27
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CLAIM 38
• ;GOOGLE ADWORDS .
28
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
CERTIFICATE OF SERVICE
I hereby certify that on this 17th day of February, 2012, the foregoing PLAINTIFF I/P
ENGINE, INC.'S SECOND PRELIMINARY DISCLOSURE OF ASSERTED CLAIMS
AND 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
senoona/a),kaufcan.com
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
davidbilskergquinnemanuel.com
davidperlson@quinnemanuel.com
Robert L. Bums
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
robert.bums@finnegan.corn
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
cortney.alexander@finnegan.com
/s/ Luke Cooper
Paralegal
DSMDB-3030845
CONFIDENTIAL - OUTSIDE COUNSEL ONLY
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?