I/P Engine, Inc. v. AOL, Inc. et al
Filing
783
NOTICE by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation of Lodging of Demonstratives (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Noona, Stephen)
EXHIBIT
A
PDX 2
UNITED STATES CODE
35 USC § 284 - Damages
Upon finding for the claimant the court
shall award the claimant damages adequate
to compensate for the infringement, but in
no event less than a reasonable royalty for
the use made of the invention by the
infringer, together with interest and costs
as fixed by the court.
PDX 15
Reasons for Allowance of ‘664 Patent
The U.S. Patent and Trademark Office
found patentability because:
“The prior arts . . . do not fairly
teach or suggest the teaching of
information filtering through a
combination of data from a first
user and data from feedback by
other users”
PDX 25
US PATENT
6,314,420
Patent examiners at the USPTO
examine every patent and all
prior art submitted with it
PDX 26
Infringement = Preponderance of Evidence
More Likely Than Not
%
51
Vs.
%
49
PDX 40
Google Revenue Jump
DumbAds
SmartAds
40%
20%
JULY 2004
PDX 42
PX
PDX 43
SmartASS
Presentation entitled “Life of a Dollar”
By: Steve Glassman
August 2, 2006
PX 183
PDX 44
Google Revenue Jump
DumbAds
SmartAds
40%
20%
JULY 2004
PDX 45
Google Revenue Jump
DumbAds
SmartAds
20%
3.5%
IPE
JULY 2004
PDX 46
Reasonable Royalty
20%
3.5%
$493,093,718
20% increase in
revenue as a
result of SmartAds
Industry rate for
search advertising
technology
Reasonable royalty for use
of patented technology
PDX 47
Reasonable Royalty
Google AdWords Revenue 3.5% IPE Royalty
1
1
1
THE UNITED STATES OF AMERICA
ONE
L
ONE DOLLAR
1
20%
PDX 48
UNITED STATES CODE
35 USC § 282 –
Presumption of Validity; Defenses
“A patent is presumed valid” and
“The burden of establishing invalidity of a patent or
any claim thereof shall rest on the party asserting
such invalidity [Google].”
Invalidity must be proved by
clear and convincing evidence.
PDX 50
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