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

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I/P ENGINE, INC.,
Plaintiff,
v.
AOL, INC. et al.,
Defendants.

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Civ. Action No. 2:11-cv-512

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
EXHIBIT 12 FILED UNDER SEAL

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
I/P ENGINE, INC.,
Plaintiff,
V.
IAC, INC. et al.,
Defendants.

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Civ. Action No. 2:11-cv-512

PLAINTIFF I/P ENGINE, INC.'S SECOND PRELIMINARY DISCLOSURE OF
ASSERTED CLAIMS AND 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 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 Search 1 (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

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.
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each claim is listed separately. The right column of the claim charts includes the features of
1AC'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, Google's technical document production, 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

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an earlier effective date based on, without limitation, the filing of earlier related patent
applications.
D.

Indirect Infringement Disclosures

As demonstrated by the attached claim charts, the use of 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.

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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 IAC's system using 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: [phone]
Facsimile: [phone]
Donald C. Schultz
W. Ryan Snow
CRENSHAW, WARE & MARTIN PLC
150 West Main Street
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

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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:

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 IPE0000661-1PE0000663. 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); G-IPE-0008837 (showing "Ads on Google sites"); GIPE-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
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CLAIM 10

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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. a system for scanning a network to make a
demand search for informons relevant to a query
from an individual user;

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
information. See IPE0000661-IPE0000663.

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•

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

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

Additionally, the system collects information on landing pages of advertisements
on the Internet. IPE0000066 ("Nile 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 speci fied
page, the system may follow other links on the page."); see also G-IPE-0146189;
G-IPE-0171697.
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.
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CLAIM 10

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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 ("Whe 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;

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
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CLAIM 10

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
"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 ( "Nile 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 "[Waving . . . 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
The Ask Website includes a system that combines pertaining feedback data with
feedback data from the feedback system with the content data in filtering information for relevance to the query. For example, the
content profile data in filtering each informon
Ask Website uses the Google AdWords system to display advertisements.
for relevance to the query.
IPE0000688. Google states that AdWords uses a "Quality Score" to evaluate an
advertisement's relevance. IPE0000063.

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CLAIM 10

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.").

Further, the "Ad Quality Score" is illustrated as including three factors:
"Relevance," "CTR," and "Landing page quality." See G-IPE-0008850:
Ad Quality Soare
,

Three
factors:

i Re4evarne
CTR
,

CLAIM 14
The system of claim 10 wherein the
collaborative feedback data compriscs passive
•

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website uses the Google AdWords system, which collects and uscs
feedback data in the form of clickthrough rate. IPE0000688; see claim 10 section
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CLAIM 14
feedback data.

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
d. The clickthrough rate recorded by Google AdWords is passive feedback data.

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

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
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.
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 IPE000066 I 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 arc . . .
identified as 'sponsored' listings on search results pages."); see also IPE0000915
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CLAIM 25

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
(showing that clicking a link redirects through the www.google.com domain); 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. scanning a network to make a demand search
for informons relevant to a query from an
individual user;

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 IPE0000661-1PE0000663.
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).

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CLAIM 25:‘

IAC'S IMPLEMENTATION . OF THE GOOGLE ADWORDS SYSTEM.

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•

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

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
G-IPE-0171697.
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
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CLAIM 25
such users; and

e. combining pertaining feedback data with the
content profile data in filtering each informon

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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
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 arc
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
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CLAIM 25
for relevance to the query.

IAC'S IMPLEMEN'TATION OF THE GOOGLE ADWORDS SYSTEM
Google AdWords system to display advertisements. IPE0000688. Google states
that AdWords uses a "Quality Score" to filter advertisements. IPE0000063.

an

ads" via disabling); G-IPE-0146084; G-IPE-0146187.
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
_-

, -----_, -

s

ReLevarce

Three
factors:

CTR

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CLAIM 25

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

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

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.

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.

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CLAIM CHART FOR INFRINGEMENT OF U.S. PATENT NO. 6,775,664

IAC's Implementation of the Google AdWords System
CLAIM 1
S.
a. A search 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 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); 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
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CLAIM 1

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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, a scanning system for searching for
information relevant to a query associated with a
first user in a plurality of users;

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 IPE00006611PE0000663. 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.").

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CLAIM 1

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

c. a feedback system for receiving information
The Ask Website includes a system for receiving information found to be
found to be relevant to the query by other users; relevant to the query by users of the system. For example, the Ask Website uses
and
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 I), 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.

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CLAIM 1
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
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.

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:

21

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CLAIM 1

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
Ad Quality Score

Three
factors:

,
1
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CTR

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--------

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

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
The search system of claim 1 further comprising
an information delivery system for delivering the
filtered information to the first user.

TAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
The Ask Website displays information to a user in the form of links to websites
with short descriptions. See IPE0000661-1PE0000663 (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,

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.

22
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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.

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.

CLAIM 26
a. A method for obtaining information relevant
to a first user 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 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.corn domain); G-IPE-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-IPE23

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CLAIM 26

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
0009731. "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-EPE0009727. "On a search results page, we pick ads directly based on the uscr query

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

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.
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 IPE0000061-1PE0000062 ("[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.").

24

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CLAIM 26
c. receiving information found to be relevant to
the query by other users;

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

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 ("Nile
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 "[Naving . . . a strong CTR on Goo& . . .
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.

25
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CLAIM 26
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
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
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 Sotwe

, 7--- '
Relevance

Three

crR

factors:

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

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
26

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CLAIM 26

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
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.

LAC'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).
27

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• CLAJM:38 .

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM
"Ad Server is the common term for the set of machines and processes that

28
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CLAIM 38 ,

IAC'S IMPLEMENTATION OF THE GOOGLE ADWORDS SYSTEM

29
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CERTIFICATE OF SERVICE
1 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 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
senoona(iaaufcan.com
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
davidperlsongquinnemanuel.com
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
robert.burnsWinnegan.com
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]

/s/ Luke Cooper
Paralegal

D5MDB-3030845