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

Filing 863

Opposition to 835 MOTION for Judgment under Rule 52(B) and a New Trial under Rule 59 filed by IAC Search & Media, Inc., Target Corporation, AOL Inc., Gannett Company, Inc., Google Inc. . (Attachments: # 1 Exhibit 1)(Noona, Stephen) Modified on 1/25/2013 to add filers as stated in the document.(mwin, )

EXHIBIT 1

IP Engine vs Google

Hickernell, Robert (Vol. 01) - 07/10/2012

1 CLIP (RUNNING 00:10:13.000)

Mr. Hickernell, can you state your full name ...
Hickernell Combined

15 SEGMENTS (RUNNING 00:10:13.000)

1. PAGE 7:12 TO 7:14 (RUNNING 00:00:05.000)

12
13
14

Q.
Mr. Hickernell, can you state your full name
for the record, please?
A.
Robert Richard Hickernell, Jr.

2. PAGE 7:19 TO 7:20 (RUNNING 00:00:04.000)

19
20

Q.
A.

Okay.
AOL.

Who is your current employer?

3. PAGE 15:19 TO 15:21 (RUNNING 00:00:09.000)

19
20
21

Q.
And what is your current position?
A.
Current, I'm senior director, product
management.

4. PAGE 18:11 TO 19:07 (RUNNING 00:01:21.000)

11
12
13
14
15
16
17
18
19
20
21
22
00019:01
02
03
04
05
06
07

Q.
Have you heard of Search Marketplace?
A.
AOL Search Marketplace?
Q.
Yes.
A.
Yes.
Q.
And what is that?
A.
That is a white label version of Google
AdWords that's, that was built for AOL by Google,
hosted by Google, maintained and managed by Google that
allows AOL sales teams to sell search advertising to
AOL advertising clients, and that would, those
advertisements would show up specifically on AOL
Search.
Q.
What does white label mean?
A.
To me -- it could mean different things to
different people. To me it means taking someone's
product as is and putting your brand on it and using
that so that you're branding it as your own but it -you're not -- you don't -- you're not maintaining or
it's not your product.

5. PAGE 20:16 TO 21:13 (RUNNING 00:01:14.000)

16
17
18
19
20
21
22
00021:01
02
03
04
05
06
07
08
09
10
11
CONFIDENTIAL

Q.
Okay. When did AOL start using AOL Search
Marketplace?
A.
I believe it was in the 2006 time frame.
Q.
And does AOL still use AOL Search
Marketplace?
A.
Yes.
Q.
Do you know what AdSense for Search is?
A.
Yes.
Q.
And what is that generally?
A.
AdSense for Search is Google's AdSense
product that is specifically targeting advertisements
against search terms that an end user is inputting into
search box.
Q.
And has AOL ever used AdSense for Search?
A.
Yes.
Q.
Okay. And when did AOL start using it?
A.
I believe that was in, started in the 2002,
maybe late 2002 time frame.
page 1

IP Engine vs Google
12
13

Q.
A.

Okay.
Yes.

Does AOL still use AdSense for Search?

6. PAGE 45:14 TO 45:17 (RUNNING 00:00:17.000)

14
15
16
17

product generally. So let me try that again. Do you
understand Google to be using the same ad selection and
ranking system for AOL Search Marketplace that it uses
for itself?

7. PAGE 45:19 TO 46:06 (RUNNING 00:00:33.000)

19
20
21
22
00046:01
02
03
04
05
06

THE WITNESS: I -- I -- I'm not a hundred
percent sure how to answer because I still think that
they're -- I'm not understanding the question very
well.
BY MR. JACOBS:
Q.
Okay. Do you understand -A.
AOL Search Marketplace is, is the same as
AdWords, just branded differently. So whatever is in
the behind the scenes in AdWords or, is in AOL Search
Marketplace.

8. PAGE 46:11 TO 46:13 (RUNNING 00:02:08.000)

11
12
13

Q.
How do you know that AOL Search Marketplace
is the same as AdWords just branded differently?
A.
That's what Google has, has told us.

9. PAGE 46:14 TO 47:01 (RUNNING 00:00:34.000)

14
15
16
17
18
19
20
21
22
00047:01

Q.
Do you know if they use the same ranking
algorithm?
A.
I don't know anything inside of AdWords or
AOL Search Marketplace. So whatever they tell me, if
they tell me you're getting the same thing in AOL
Search Marketplace as in AdWords, I don't know if that
means that you're getting the same algorithm. I
would -- to the best of my knowledge it is yes, but I
don't know any -- I don't have any in-, knowledge of
what is, what that algorithm is or how it's built.

10. PAGE 47:17 TO 47:20 (RUNNING 00:00:11.000)

17
18
19
20

Q.
Yes. Do you understand Google to be using
the same ad selection and ranking system to power
AdSense for Search as is used on their own Google
websites?

11. PAGE 47:22 TO 48:10 (RUNNING 00:00:58.000)

22
00048:01
02
03
04
05
06
07
08
09
10

THE WITNESS: I -- I don't know what Google
uses for its own website. I don't know if they use
AdSense for Search, the same AdSense for Search as they
make available to website publishers like AOL. That I
don't know.
BY MR. JACOBS:
Q.
Okay. Do you know of any differences between
the system Google uses to display ads on its search
pages and the system it provides to AOL?
A.
I don't know what Google uses to display ads
on its own, so I don't know of any differences.

12. PAGE 88:10 TO 89:06 (RUNNING 00:01:10.000)

10
11
12
13
14

CONFIDENTIAL

Q.
Okay. I'd like you to turn your attention to
the page bearing Bates stamp AOL 01202786, also page 37
of the document.
A.
Okay.
Q.
It says: Google measures relevance through

page 2

IP Engine vs Google
15
16
17
18
19
20
21
22
00089:01
02
03
04
05
06

quality score, in the second full paragraph, and the
quality score is based on several factors. Do you see
that?
A.
Yes.
Q.
Okay. All right. The first factor is a
keywords clickthrough rate. What does that mean to
you?
A.
To me that would be the, in this context a
keywords clickthrough rate. The, the number of clicks
on ads that are associated with this keyword divided by
the number of impressions shown or the number of times
the ad was shown.
Q.
The second factor is ad text relevance. What
does this mean?

13. PAGE 89:09 TO 89:14 (RUNNING 00:00:29.000)

09
10
11
12
13
14

Q.
To you?
A.
To me this would mean the, how well the, the
ad text matches or the meaning matches the keyword. I
don't know how to define relevance without using the
word relevance. I'm trying to do that, not use the
word relevance to define it.

14. PAGE 90:22 TO 91:02 (RUNNING 00:00:24.000)

22
00091:01
02

Q.
So is the document's description here on page
37 bearing Bates stamp AOL-01202786, is that consistent
with your understanding of how quality score works?

15. PAGE 91:08 TO 91:14 (RUNNING 00:00:36.000)

08
09
10
11
12
13
14

A.
The page as a whole?
Q.
Mm-hmm.
A.
Let me read the rest, look at the rest of the
page here.
Q.
Sure.
A.
Yes. The full page is, is my base, is my
understanding of how that works.

TOTAL: 1 CLIP FROM 1 DEPOSITION (RUNNING 00:10:13.000)

CONFIDENTIAL

page 3