Overture Services, Inc. v. Google Inc. - Document No. 128

Overture Services, Inc. v. Google Inc. Doc.

128
Case 3:02-cv-01991-JSW Document 128 Filed 02/13/2004 Page 1 of 62

ROBERT T. HASLAM (Bar No. 71134)

1
ROBERT D. FRAM (Bar No. 126750)
2 M. PATRICIA THAYER (Bar No. 90818)
S. ELIZABETH MITCHELL (Bar No. 187053)
3 HELLER EHRMAN WHITE & MCAULIFFE LLP
333 Bush Street
4 San Francisco, CA 94104-2878
Telephone: (415) 772-6000
5
Facsimile: (415) 772-6268
6
BRINKS HOFER GILSON & LIONE
7 JACK C. BERENZWEIG (Admitted Pro Hac Vice)
JASON S. WHITE (Admitted Pro Hac Vice)
8 NBC Tower - Suite 3600
455 North Cityfront Plaza Drive
9 Chicago, Illinois 60611
Telephone: (312) 321-4200
10 Facsimile: (312) 321-4299
11 Attorneys for Plaintiff

OVERTURE SERVICES, INC.
12
KEKER & VAN NEST, LLP
13 JOHN W. KEKER (Bar No. 49092)
DARALYN J. DURIE (Bar No. 169825)
14 CHRISTINE P. SUN (Bar No. 218701)
710 Sansome Street
15 San Francisco, California 94111
Telephone: (415) 391-5400
16 Facsimile: (415) 397-7188
17 Attorneys for Defendant

GOOGLE TECHNOLOGY INC.,
18 sued under its former name GOOGLE INC.
19 UNITED STATES DISTRICT COURT
20 NORTHERN DISTRICT OF CALIFORNIA
21 SAN FRANCISCO DIVISION
22 OVERTURE SERVICES, INC., a Delaware No. C 02-01991 JSW

Corporation,
23 AMENDED JOINT CLAIM
Plaintiff, CONSTRUCTION STATEMENT
24
vs.
25
GOOGLE INC., a California Corporation,
26
Defendant.
27
28
Dockets.Justia.com
1 Pursuant to Patent L.R. 4-3 (a) and (b) and Paragraph 6 of Judge Jeffrey S. White’s
2 Standing Order For Patent Cases, Overture Services, Inc. (“Overture”) and Google Technology
3 Inc. (“Google”) hereby submit the following Amended Joint Claim Construction Statement.
4 Pursuant to Patent L.R. 4-3 (c), the parties note that Judge Jeffrey S. White’s Standing
5 Order For Patent Cases states that the Claim Construction Hearing will generally be scheduled
6 for no longer than four hours. The parties anticipate that the Claim Construction Hearing will
7 last approximately four hours.
8 Pursuant to Patent L.R. 4-3 (d), neither party presently anticipates calling any witnesses
9 at the Claim Construction Hearing.
10 Pursuant to Patent L.R. 4-3 (e), the parties note that Judge Jeffrey S. White’s Standing
11 Order For Patent Cases states that prehearing conferences are not generally held. Neither party
12 presently intends to request a prehearing conference. In the event that either party later
13 determines that a prehearing conference is necessary, that party will follow the procedures
14 identified in Judge Jeffrey S. White’s Standing Order For Patent Cases for requesting such a
15 hearing.
16 As required by Judge Jeffrey S. White’s Standing Order For Patent Cases, a copy of the
17 patent- in-suit, U.S. Patent No. 6,269,361 (the “’361 Patent”), is attached hereto at Tab A, and a
18 complete copy of the prosecution history for the ’361 Patent will be made available to the Court
19 upon request.
20 Because Google has listed certain patent applications claiming priority to the ’361 patent
21 as intrinsic evidence, Overture has done so as well for the Court’s convenience. However,
22 Overture reserves the right to contest whether these applications constitute intrinsic evidence.
23 Overture further reserves the right to object to extrinsic evidence offered by Google as alleged
24 support for its claim constructions.
25 Both parties reserve the right to supplement their disclosure based on information of
26 which they hereafter become aware through discovery.
27
28
AMENDED JOINT CLAIM CONSTRUCTION
STATEMENT
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1 Claim Language Plaintiff’s Proposed Construction Defendant’s Proposed Construction

(Disputed Terms and Evidence in Support and Evidence in Support
2 in Bold)
3 ’361 Patent
PROPOSED CONSTRUCTION: PROPOSED CONSTRUCTION:
4
search listing a collection of information that can an entry in (or intended to be in) a
5 be included in a search result list and search result list
Found in claims: which may be paid or unpaid
6 1, 2, 4, 5, 7, 8, 9,
10, 11, 12, 13, 14,
7 15, 16, 17, 18, 20, DICTIONARY DEFINITIONS:
21, 22, 23, 24, 25, INTRINSIC EVIDENCE:
8 26, 27, 28, 29, 30, Search
33, 34, 35, 36, 37, to examine (one or more files, as ’361 Patent Specification
9 38, 39, 40, 41, 42, databases or texts) electronically, to
43, 44, 45, 46, 47, locate specific items (The Random Abstract, ll. 3-4, 8-12, 15, 19, 20,
10 48, 49, 50, 51, 52, House Dictionary of the English 24-32; fig. 5; fig. 7; col. 3, ll. 51-54;
53, 54, 55, 56, 57, Language, Second Edition, 1987) col. 4, ll. 34-48, 55-67; col. 5, ll. 1-
11 58, 59, 60, 61, 62, 67; col.6. ll. 1-8, 20-24, 26, 28-34,
63, 64, 65, 66, 67 to examine data in a computer in 51-52, 57-58; col. 8, ll. 59-67; col. 9,
12 order to locate items having a given ll. 1-12, 25-41, 66-67; col. 10, ll. 1-
property (Webster’s New World 6, 22-35; col. 12, ll. 21-25, 28-29,
13 College Dictionary, Third Edition, 40-67; col. 13, ll. 1-2, 13-20, 41; col.
1997) 14, ll. 7-11, 14-16, 25-27; col. 17, ll.
14 14-67; col. 18, ll. 1-36, 40, 45, 47,
try to find something by looking or 49; col. 19, ll. 1, 3, 8-9, 12, 15, 18-
15 otherwise seeking carefully and 20, 25, 32-33, 59-67; col. 20, ll. 1-5,
thoroughly; an act of searching for 8, 14-17, 22-23, 27, 29, 32-40, 61,
16 someone or something (The New 63-64; col. 21, ll. 1-2, 8-18, 29-40;
Oxford Dictionary of English 1998) col. 22, ll. 20, 24-26.
17
to make a thorough examination of;
18 look over carefully in order to find DICTIONARY DEFINITIONS:
something; explore (The American
19 Heritage College Dictionary, Fourth The American Heritage Dictionary
Edition, 2002) of the English Language, 4th ed.
20
to look into or over carefully or The Random House Dictionary of
21 thoroughly in an effort to find the English Language, 2nd ed.,
something (Merriam Webster’s Unabridged
22 Unabridged Dictionary)
Webster’s New World College
23 Listing Dictionary, 3rd ed.
an act or instance of making or
24 including in a list or catalog; Merriam Webster’s Collegiate
specifically: the admission of Dictionary, 10th ed.
25 securities to trading on a securities
exchange; an authorization to a real- The New Oxford Dictionary of
26 estate broker to sell or rent property; English
a broker’s record of available
27 properties; a piece of property listed
with a real-estate broker (Merriam
28 Webster’s Unabridged Dictionary)
STATEMENT
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EXTRINSIC EVIDENCE:
1 a list; record; catalog (The Random
House Dictionary of the English www.jsonline.com at GOG 1659-61.
2 Language, Second Edition, 1987)
www.tundrawolfpromotions.com at
3 GOG 32230-31.
INTRINSIC EVIDENCE:
4 searchengineoptimism.com at GOG
’361 Patent – col. 6, ll. 16-34 32242-43, 32246-47.
5 One embodiment of the system and
method of the present invention www.searchengineposition.com at
6 provides a database having accounts GOG 32252.
for the web site promoters. Each
7 account includes contact and billing Documents produced by Overture:
information for a web site promoter. OVGE 52678, 52692, 52950, 52961,
8 In addition, each account includes at 52966-67, 52976, 53032, 53035,
least one search listing, each search 53039, 53059, 53062, 53072-73,
9 listing having five components: a 53076-78, 53082, 53129-30, 53133,
description of the web site to be 53144, 53151, 53482, 53484, 53493,
10 listed, the Uniform Resource 53521, 53524-26, 53528, 53561,
Locator (URL) of the web site, a 53563, 53568-69, 53573, 53580,
11 search term comprising one or more 53584, 53590, 53596, 53600, 53638,
keywords, a bid amount, and a title 53640, 53645-46, 53650, 53712,
12 for the search listing. Each account 54303, 54312, 55954, 55967, 55981,
may also include the promoter's 55991-92, 55995-97, 56001, 56983,
13 payment history and a history of 59003, 59009-11, 59014, 59233-38,
search listings entered by the user. 59309, OVG 31561, 31563, 31565-
14 The promoter logs in to his or her 67, 31576, 31578, 31579, 31583-85.
account via an authentication
15 process running on a secure server.
Once logged in, the promoter may
16 add, delete, or modify a search
listing. The functions of adding or
17 deleting a search listing, or
modifying the bid amount of a
18 search listing is to initiate the
competitive bidding process
19 described above. All search listing
changes and modifications are
20 processed substantially in real time
to support the online competitive
21 bidding process.
22 ’361 Patent – col. 12, l. 40 – col. 13,
l. 2
23 The search listing 344 corresponds
to a search term/bid pairing and
24 contains key information to conduct
the online competitive bidding
25 process. Preferably, each search
listing comprises the following
26 information: search term 352, web
site description 354, URL 356, bid
27 amount 358, and a title 360. The
search term 352 comprises one or
28 more keywords which may be
common words in English (or any
STATEMENT
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common words in English (or any

1 other language). Each keyword in
turn comprises a character string.
2 The search term is the object of the
competitive online bidding process.
3 The advertiser selects a search term
to bid on that is relevant to the
4 content of the advertiser's web site.
Ideally, the advertiser may select a
5 search term that is targeted to terms
likely to be entered by searchers
6 seeking the information on the
advertiser's web site, although less
7 common search terms may also be
selected to ensure comprehensive
8 coverage of relevant search terms
for bidding.
9 The web site description 354 is a
short textual description (preferably
10 less than 190 characters) of the
content of the advertiser's web site
11 and may be displayed as part of the
advertiser's entry in a search result
12 list. The search listing 344 may also
contain a title 360 of the web site
13 that may be displayed as the
hyperlinked heading to the
14 advertiser's entry in a search result
list. The URL 356 contains the
15 Uniform Resource Locator address
of the advertiser's web site. When
16 the user clicks on the hyperlink
provided in the advertiser's search
17 result list entry, the URL is provided
to the browser program. The
18 browser program, in turn, accesses
the advertiser's web site through the
19 redirection mechanism discussed
above. The URL may also be
20 displayed as part of the advertiser's
entry in a search result list
21
’361 Patent – Abstract, ll. 8-19
22 In addition, each account contains at
least one search listing having at
23 least three components: a
description, a search term
24 comprising one or more keywords,
and a bid amount. The network
25 information provider may add,
delete, or modify a search listing
26 after logging into his or her account
via an authentication process. The
27 network information provider
influences a position for a search
28 listing in the provider's account by
first selecting a search term relevant
STATEMENT
-5-
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1 to the content of the web site or
other information source to be listed.
2 The network information provider
enters the search term and the
3 description into a search listing.
4 ’361 Patent – col. 9, ll. 30-34
In one embodiment of the present
5 invention, the relevance of a bidded
search term to an advertiser's web
6 site is determined through a manual
editorial process prior to insertion of
7 the search listing containing the
search term and advertiser web site
8 URL into the database 40.
9 ’361 Patent – col. 17, ll. 9-18
As indicated above and shown in
10 FIG. 2, a routine displaying the
account management menu 170 may
11 be invoked from the advertiser main
menu 120. Aside from the "Allocate
12 Money Between Subaccounts"
selection described above, the
13 remaining selections all use to some
extent the search listings present in
14 the advertiser's account on the
database, and may also affect the
15 advertiser's entry in the search result
list.
16
’361 Patent – col. 18, ll. 37-53
17 As shown in the campaign
management menu 170 of FIG. 2,
18 several choices are presented to the
advertiser to manage search
19 listings. First, in the "Change Bids"
selection, the advertiser may change
20 the bid of search listings currently
in the account. The process invoked
21 by the system for the change bids
function is shown in FIG. 8. After
22 the advertiser indicates the intent to
change bids by selecting the
23 "Change Bids" menu option, the
system searches the user's account in
24 the database and displays the search
listings for the entire account or a
25 default subaccount in the advertiser's
account, as shown in step 810.
26 Search listings may be grouped into
subaccounts defined by the
27 advertiser and may comprise one or
more search listings. Only one
28 subaccount may be displayed at a
time. The display should also
STATEMENT
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time. The display should also

1 preferably permit the advertiser to
change the subaccount selected, as
2 shown in step 815. The screen
display will then show the search
3 listings for the selected subaccount,
as indicated in step 820.
4
’361 Patent – col. 19, ll. 50-54
5 For example, the system may invoke
a routine to locate the search listing
6 in the search database having the
desired rank/search term
7 combination, retrieve the associated
bid amount of said combination, and
8 then calculate a bid amount that is N
cents higher; where N=1, for
9 example.
10 ’361 Patent – col. 19, l. 59 - col. 20,
l. 12
11 The "Modify Listing Component"
selection on Account Management
12 menu 170 of FIG. 2 may also
generate a display similar to the
13 format of FIG. 9. When the
advertiser selects the "Modify
14 Listing Component" option, the
advertiser may input changes to the
15 URL, title, or description of a
search listing via web-based forms
16 set up for each search listing.
Similar to the process discussed
17 above, the forms for the URL, title,
and description fields may initially
18 contain the old URL, title and
description as default values. After
19 the advertiser enters the desired
changes, the advertiser may transmit
20 a request to the system to update the
changes. The system then displays a
21 read-only confirmation screen, and
then writes the changes to the
22 persistent state (e.g., the user
account database) after the
23 advertiser approves the changes.
A process similar to those
24 discussed above may be
implemented for changing any other
25 peripheral options related to a
search listing ; for example,
26 changing the matching options
related to a bidded search term. Any
27 recalculations of bids or ranks
required by the changes may also be
28 determined in a manner similar to
the processes discussed above.
STATEMENT
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the processes discussed above.

1
’361 Patent – col. 20, ll. 13-28
2 In the "Delete Bidded Search Term"
option, the system retrieves all of the
3 search listings in the account of the
advertiser and displays the search
4 listings in an organization and a
format similar to the display of FIG.
5 9. Each search listing entry may
include, instead of the new bid field,
6 a check box for the advertiser to
click on. The advertiser would then
7 click to place a check (X) mark next
to each search term to be deleted,
8 although any other means known in
the art for selecting one or more
9 items from a list on a web page may
be used. After the advertiser selects
10 all the search listings to be deleted
and requests that the system update
11 the changes, the system preferably
presents a read-only confirmation of
12 the requested changes, and updates
the advertiser's account only after
13 the advertiser approves the changes.
The "deleted" search listings are
14 removed from the search database
36 and will not appear in subsequent
15 searches.
16 ’361 Patent – col. 20, ll. 32-44
In the "Add Bidded Search Term"
17 option, the system provides the
advertiser with a display having a
18 number of entry fields
corresponding to the elements of a
19 search listing. The advertiser then
enters into each field information
20 corresponding to the respective
search listing element, including the
21 search term, the web site URL, the
web site title, the web site
22 description, and the bid amount, as
well as any other relevant
23 information. After the advertiser has
completed entering the data and has
24 indicated thus to the system, the
system returns a read-only
25 confirmation screen to the
advertiser. The system then creates a
26 new search listing instance and
writes it into the account database
27 and the search database upon
receiving approval from the
28 advertiser.
STATEMENT
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1 Additional Citations to ’361 Patent

Figure 2
2 Figure 5
Abstract, ll. 19-34
3 Col. 4, ll. 55-60
Col. 7, ll. 6-15
4 Col. 12, ll. 21-29
Col. 13, ll. 9-16
5 Col. 14, ll. 25-27
Col. 17, ll. 19-34
6 Col. 17, l. 53 – col. 18, l. 14
Col. 19, ll. 8-37
7 Col. 22, ll. 22-27
8 Prosecution History of ’361 Patent
Davis Declaration in Support of
9 Petition to Make Special, ¶ 7(e)
10
EXTRINSIC EVIDENCE:
11
Overture does not believe that
12 extrinsic evidence is necessary to
interpret this term, and therefore has
13 not proffered or cited any extrinsic
evidence. However, if the Court
14 considers any extrinsic evidence
offered by Google, Overture
15 reserves the right to cite to any of
Google’s extrinsic evidence, in
16 rebuttal.
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
STATEMENT
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1 PROPOSED CONSTRUCTION: PROPOSED CONSTRUCTION:

2 search result list a series of search listings that is the series of entries, selected from
obtained as a consequence of the the database being searched by a
3 Found in claims: examination of data searcher, arranged one after the
1, 2, 4, 5, 7, 8, 9, other, containing the information
4 10, 11, 12, 13, 14, responsive to the searcher’s search
15, 16, 17, 18, 20,
5 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, INTRINSIC EVIDENCE:
6 33, 34, 35, 36, 37, DICTIONARY DEFINITIONS:
38, 39, 40, 41, 42, ’361 Patent Specification
7 43, 44, 45, 46, 47, Search
48, 49, 50, 51, 52, to examine (one or more files, as Abstract, ll. 1-34; fig. 7; col. 2, ll.
8 53, 54, 55, 56, 57, databases or texts) electronically, to 24-67; col. 3, ll. 1-67; col. 4, ll. 1-
58, 59, 60, 61, 62, locate specific items (The Random 19; 26-29; 34-67; col. 5, ll. 4-14, 25-
9 63, 64, 65, 66, 67 House Dictionary of the English 27, 35-67; col. 6, ll. 1-8, 19-23, 57-
Language, Second Edition, 1987) 58; 66-67; col. 7, ll. 1-2; col. 8, ll.
10 52-67; col. 9, ll. 1-18, 42-67; col. 10,
to examine data in a computer in ll. 1-35; col. 12, ll. 21-25, 40-67;
11 order to locate items having a given col. 13, ll. 1-24; col. 14, ll. 8-20, 24-
property (Webster’s New World 27; col. 17, ll. 16, 19-67; col. 18, ll.
12 College Dictionary, Third Edition, 1-36.
1997)
13
try to find something by looking or DICTIONARY DEFINITIONS:
14 otherwise seeking carefully and
thoroughly; an act of searching for The American Heritage Dictionary
15 someone or something (The New of the English Language, 4th ed.
Oxford Dictionary of English 1998)
16 The Random House Dictionary of
to make a thorough examination of; the English Language, 2nd ed.,
17 look over carefully in order to find Unabridged
18 Heritage College Dictionary, Fourth Webster’s New World College
Edition, 2002) Dictionary, 3rd ed.
19
to look into or over carefully or Merriam Webster’s Collegiate
20 thoroughly in an effort to find Dictionary, 10th ed.
something (Merriam Webster’s
21 Unabridged Dictionary) The New Oxford Dictionary of
English
22 Result
something that happens as a
23 consequence; outcome; a quantity, EXTRINSIC EVIDENCE:
expression, etc. obtained by
24 calculation (The Random House www.tundrawolfpromotions.com at
Dictionary of the English Language, GOG 32230-31.
25 Second Edition, 1987)
searchengineoptimism.com at GOG
26 something obtained by calculation 32242-43, 32246-47.
or investigation (Merriam Webster’s
27 Collegiate Dictionary, Tenth www.searchengineposition.com at
Edition, 1995) GOG 32252.
28
STATEMENT
- 10 -
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anything that comes about as a Documents produced by Overture:

1 consequence or outcome of some OVGE 52678, 52692, 52950, 52961,
action, process, etc. (Webster’s New 52966-67, 52976, 53032, 53035,
2 World College Dictionary, Third 53039, 53059, 53062, 53072-73,
Edition, 1997) 53076-78, 53082, 53129-30, 53133,
3 53144, 53151, 53482, 53484, 53493,
a consequence, effect, or outcome of 53521, 53524-26, 53528, 53561,
4 something (The New Oxford 53563, 53568-69, 53573, 53580,
Dictionary of English 1998) 53584, 53590, 53596, 53600, 53638,
5 53640, 53645-46, 53650, 53712,
the consequence of a particular 54303, 54312, 55954, 55967, 55981,
6 action, operation, or course (The 55991-92, 55995-97, 56001, 56983,
American Heritage College 59003, 59009-11, 59014, 59233-38,
7 Dictionary, Fourth Edition, 2002) 59309, OVG 31561, 31563, 31565-
67, 31576, 31578, 31579, 31583-85.
8 something obtained, achieved, or
brought about by calculation,
9 investigation, or similar activity
(Merriam Webster’s Unabridged
10 Dictionary)
11 List
a series of names or other items
12 written or printed together in a
meaningful grouping or sequence so
13 as to constitute a record; a series of
records in a file (The Random
14 House Dictionary of the English
Langua ge, Second Edition, 1987)
15
a simple series of words or numerals
16 (Merriam Webster’s Collegiate
Dictionary, Tenth Edition, 1995)
17
a series of names, words, numbers,
18 etc. set forth in order (Webster’s
New World College Dictionary,
19 Third Edition, 1997)
20 a number of connected items or
names written or printed
21 consecutively, typically one below
the other (The New Oxford
22 Dictionary of English 1998)
23 a series of names, words, or other
items written, printed, or imagined
24 one after the other (The American
Heritage College Dictionary, Fourth
25 Edition, 2002)
26 a simple series of words or numerals
(as the names of persons or objects);
27 index, catalog, checklist (Merriam
Webster’s Unabridged Dictionary)
28
STATEMENT
- 11 -
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1 INTRINSIC EVIDENCE:
2 ’361 Patent – col. 8, l. 53 – col. 9,
l. 7
3 A search engine program permits
network users, upon navigating to
4 the search engine web server URL
or sites on other web servers capable
5 of submitting queries to the search
engine web server 24 through their
6 browser program 16, to type
keyword queries to identify pages of
7 interest among the millions of pages
available on the World Wide Web.
8 In a preferred embodiment of the
present invention, the search engine
9 web server 24 generates a search
result list that includes, at least in
10 part, relevant entries obtained from
and formatted by the results of the
11 bidding process conducted by the
account management server 22. The
12 search engine web server 24
generates a list of hypertext links to
13 documents that contain information
relevant to search terms entered by
14 the user at the client computer 12.
The search engine web server
15 transmits this list, in the form of a
web page, to the network user,
16 where it is displayed on the browser
16 running on the client computer
17 12. A presently preferred
embodiment of the search engine
18 web server may be found by
navigating to the web page at URL
19 http://www.goto.com/. In addition,
the search result list web page, an
20 example of which is presented in
FIG. 7, will be discussed below in
21 further detail.
22 ’361 Patent – col. 10, ll. 16-21
When the searcher has finished
23 entering the search term, the
searcher may transmit the query to
24 the search engine web server 24 by
clicking on a provided hyperlink.
25 The search engine web server 24
will then generate a search result list
26 page and transmit this page to the
searcher at the client computer 12.
27
’361 Patent – col. 6, ll. 1-8
28 The rank value determines the
position where the promoter's web
STATEMENT
- 12 -
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1 site description will appear on the
search results list page that is
2 generated when the search term is
entered into the query box on the
3 search engine by a searcher. A
higher bid will result in a higher
4 rank value and a more advantageous
placement, which is preferably near
5 the beginning of the search results
list page.
6
’361 Patent – col. 17, ll. 19-26
7 When a remote searcher accesses the
search query page on the search
8 engine web server 24 and executes a
search request according to the
9 procedure described previously, the
search engine web server 24
10 preferably generates and displays a
search result list where the
11 "canonicalized" entry in search term
field of each search listing in the
12 search result list exactly matches
the canonicalized search term query
13 entered by the remote searcher.
14 ’361 Patent – col. 17, ll. 53-56
An example of a search result list
15 display used in an embodiment of
the present invention is shown in
16 FIG. 7, which is a display of the first
several entries resulting from a
17 search for the term "zip drives".
Figure 7
19 Abstract, ll. 1-4
Abstract, ll. 27-32
20 Col. 4, ll. 60-64
Col. 5, ll. 35-52
21 Col. 7, ll. 6-15
Col. 9, l. 42 – col. 10, l. 6
22 Col. 12, ll. 21-25
Col. 12, l. 40 – col. 13, l. 2
23 Col. 14, ll. 8-17
Col. 17, l. 56 – col. 18, l. 36
24 Col. 27, ll. 65-67
Col. 28, ll. 1-3
25 Col. 30, ll. 10-12
26 Patent Applications Claiming
Priority to the ’361 Patent
27 Application
Soulanille U.S. Patent App. (GOG
28 32122-51) at ¶¶ 110-132.
STATEMENT
- 13 -
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1 EXTRINSIC EVIDENCE:
2 Overture does not believe that
extrinsic evidence is necessary to
3 interpret this term, and therefore has
not proffered or cited any extrinsic
4 evidence. However, if the Court
considers any extrinsic evidence
5 offered by Google, Overture
reserves the right to cite to any of
6 Google’s extrinsic evidence, in
rebuttal.
7
8
//
9
//
10
//
11
//
12
//
13
//
14
//
15
//
16
//
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
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26
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27
//
28
STATEMENT
- 14 -
C 02-01991 JSW
1
2
[modifiable] bid a quantity of money [which can be the price the website promoter will
3 amount changed] that a customer or client is pay upon occurrence of a triggering
willing to pay per click event [changes to which can be
4 Found in claims: controlled by the website promoter]
1, 2, 4, 5, 7, 8, 9,
5 10, 11, 12, 13, 14,
15, 16, 17, 18, 20, DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
6 21, 22, 23, 24, 25,
26, 27, 28, 29, 30, Modifiable ’361 Patent Specification
7 33, 34, 35, 36, 37, capable of being modified (Merriam
38, 39, 40, 41, 42, Webster’s Unabridged Dictionary) Abstract, ll. 8-13, 19-34; fig. 2; fig.
8 43, 44, 45, 46, 47, 5; fig. 7; fig. 8; fig. 9; col. 3, ll. 54-
48, 49, 50, 51, 52, Modify 67, col. 4, ll. 1-9, 20-39, 65-67; col.
9 53, 54, 55, 56, 57, to change somewhat the form or 5, ll. 1-67; col.6, ll. 1-35, 43-44, 51-
58, 59, 60, 61, 62, qualities of; alter partially; amend 52, 57-62; col. 8, ll. 59-65; col. 9, ll.
10 63, 64, 65, 66, 67 (The Random House Dictionary of 19-67; col. 10, ll. 1-7, 36-58; col. 12,
the English Language, Second ll. 21-31, 40-55; col. 13, ll. 3-24, 50-
11 Edition, 1987) 56; col. 14, ll. 11-17; col. 18, ll. 8-
28, 37-67; col. 19, ll. 1-17, 31-58;
12 to make minor changes in (Merriam col. 20, ll. 33-67; col. 21, ll. 1-65.
Webster’s Collegiate Dictionary,
13 Tenth Edition, 1995) Microfiche Appendix to ’361 Patent
Application
14 to change or alter; esp., to change
slightly or partially in character, <goto/content/jhdocs/about
15 form, etc. (Webster’s New World /advertisers/mediakit
College Dictionary, Third Edition, /rates.jhtml> at 2. 1
16 1997)
File History
17 make partial or minor changes to
(something), typically so as to Davis Decl. in Supp. of Petition to
18 improve it or to make it less extreme Make Special, at ¶ 7(c)-(e) & Exhs.
(The New Oxford Dictionary of 10-11, 17, 20-21.
19 English 1998)
Jan. 12, 2000 Preliminary
20 to change in form or character; alter Amendment at 1-8.
(The American Heritage College
21 Dictionary, Fourth Edition, 2002) Jan. 17, 2000 Office Action
(misdated Jan. 17, 1999) at 2-3.
22 to make minor changes in the form
or structure of : alter without April 6, 2000 Response at 2.
23 transforming (Merriam Webster’s
Unabridged Dictionary) June 18, 2000 Office Action at 2-3.
24
Bid March 23, 2001 Notice of
25 Allowability at 2-3.
26 1
The first two pages of this document are on the final two frames of the microfiche sheet
27 labeled OVG 022003 (“Consumer Site (J) HTML 1 of 4,” Series 33, Fiche # 1 of 2) and the last
two pages are on the third and fourth frames of the microfiche sheet labeled OVG 022004
28 (“Consumer Site (J) HTML 1 of 4,” Series 33, Fiche # 2 of 2).

STATEMENT
- 15 -
C 02-01991 JSW
an offer of a price, especially at an Allowability at 2-3.

1 auction (The New Oxford
Dictionary of English 1998) Prior Art Cited in the File History
2
an offer or proposal or a price; the OVG 001402.
3 amount offered or proposed (The
American Heritage College Patent Applications Claiming
4 Dictionary, Fourth Edition, 2002) Priority to the ’361 Patent
Application
5 to offer (a price) whether for
payment or acceptance (Merriam Soulanille U.S. Patent App. (GOG
6 Webster’s Unabridged Dictionary) 32122-51) at ¶ 93.
7 Amount Singh et al. U.S. Patent App. (GOG
quantity; measure (The Random 32152-206) at ¶¶ 17-19, 30.
Language, Second Edition, 1987)
9 DICTIONARY DEFINITIONS:
the total number or quantity
10 (Merriam Webster’s Collegiate Webster’s New World College
Dictionary, Tenth Edition, 1995) Dictionary, 4th ed.
11
a quantity (Webster’s New World The Random House Dictionary of
12 College Dictionary, Third Edition, the English Language, 2nd ed.,
1997) Unabridged
13
a quantity of something, especially Webster’s New World College
14 the total of a thing or things in Dictionary, 3rd ed.
number, size, value, or extent (The
15 New Oxford Dictionary of English Merriam Webster’s Collegiate
1998) Dictionary, 10th ed.
16
a number; a sum (The American The New Oxford Dictionary of
17 Heritage College Dictionary, Fourth English
Edition, 2002)
18
the total number or quantity EXTRINSIC EVIDENCE:
19 (Merriam Webster’s Unabridged
Dictionary) Roth et al. U.S. Patent (GOG 31921-
20 46) at col. 2, ll. 20-65; col. 3 l. 51 –
col. 4, l. 25; col. 4, l. 58 – col. 5, l.
21 INTRINSIC EVIDENCE: 63; col.7, ll.11-33; col. 8, ll. 29-31;
col. 8, ll. 44-48); figs. 2B & 6C.
22 Microfiche Appendix to ’361 Patent
The bid price is the amount you're Colorstamps, Inc. PCT Patent App.
23 willing to pay for a user to click- (GOG 32061-121) at 10:6-12:3,
through to your site from the GoTo 19:9-20:3, 23:20-28.
24 search results listings after they have
performed a search on one of your Cheung et al. U.S. Patent App.
25 search terms. (See frames 81-82 of (GOG 32207-24) (whole document).
the microfiche sheet labeled OVG
26 022003). pages.ebay.com at GOG 32225-27.
27 ’361 Patent – Abstract, ll. 19-24 www.alphastudiosinc.com at GOG
The network information provider 32228.
28 influences the position for a search
listing through a continuous online
STATEMENT
- 16 -
C 02-01991 JSW
listing through a continuous online www.tundrawolfpromotions.com at

1 competitive bidding process. The GOG 32231.
bidding process occurs when the
2 network information provider enters www.payperclickanalyst.com at
a new bid amount, which is GOG 32234-41.
3 preferably a money amount, for a
search listing. searchengineoptimism.com at GOG
4 32244-45.
’361 Patent – col. 6, ll. 8-15
5 Preferably, the quantity used in the www.searchengineposition.com at
competitive bidding process is a GOG 32252.
6 money amount that the web site
promoter will pay to an owner of the www.searchengines.com at GOG
7 Internet search engine each time the 32255.
advertiser's web site is referred by
8 the search engine. Most preferably, searchenginesinfo.com at GOG
this money amount will be deducted 32256.
9 from an account balance that is
retained in the promoter's account Documents produced by Overture:
10 for each time the promoter's web site OVGE 52650-52, 52678, 52950,
is referred by the search engine. 53035, 53130, 53484, 53521, 53563,
11 53580, 53640, 55954, 59019, 59309,
’361 Patent – col. 9, ll. 45-52 Depo. Exh. 15 at 1.
present invention, the amount bid by
13 an advertiser comprises a money
amount that is deducted from the
14 account of the advertiser for each
time the advertiser's web site is
15 accessed via a hyperlink on the
search result list page. A searcher
16 "clicks" on the hyperlink with a
computer input device to initiate a
17 retrieval request to retrieve the
information associated with the
18 advertiser's hyperlink.
19 ’361 Patent – col. 19, ll. 38-58
Many of the other selections listed
20 in the "Account Management" menu
170 of FIG. 2 function as variants of
21 the "Change Bid" function described
above. For example, if the advertiser
22 selects the "Change Rank Position"
option, the advertiser may be
23 presented with a display similar to
the display of FIG. 9 used in the
24 "Change Bid" function. However, in
the "Change Rank Position" option,
25 the "New Bid" field would be
replaced by a "New Rank" field, in
26 which the advertiser enters the new
desired rank position for a search
27 term. After the advertiser requests
that the ranks be updated, the system
28 then calculates a new bid price by
any of a variety of algorithms easily
STATEMENT
- 17 -
C 02-01991 JSW

1 available to one skilled in the art.
For example, the system may invoke
2 a routine to locate the search listing
in the search database having the
3 desired rank/search term
combination, retrieve the associated
4 bid amount of said combination,
and then calculate a bid amount
5 that is N cents higher; where N=1,
for example. After the system
6 calculates the new bid price and
presents a read-only confirmation
7 display to the advertiser, the system
updates the bid prices and rank
8 values upon receiving approval from
the advertiser.
9
’361 Patent – col. 18, l. 66 – col. 19,
10 l. 4
As shown in step 840 of FIG. 8,
11 upon receiving the request to update
the advertiser's bids, the system
12 calculates the new current bid
amounts for every search listing
13 displayed, the rank values, and the
bid amount needed to become the
14 highest ranked search listing
matching the search term field.
15
’361 Patent – col. 20, ll. 6-12
16 A process similar to those discussed
above may be implemented for
17 changing any other peripheral
options related to a search listing;
18 for example, changing the matching
options related to a bidded search
19 term. Any recalculations of bids or
ranks required by the changes may
20 also be determined in a manner
similar to the processes discussed
21 above.
Figure 5
23 Figure 8
Figure 9
24 Col. 4, l. 65 – col 5, l. 34
Col. 5, ll. 53-65
25 Col. 6, ll. 28-34
Col. 7, ll. 6-15
26 Col. 13, ll. 3-9
Col. 13, ll. 50-56
27 Col. 18, l. 37 – col. 19, l. 17
28
STATEMENT
- 18 -
C 02-01991 JSW
1
Patent Applications Claiming
2 Priority to the ’361 Patent
Application
3 Singh et al. U.S. Patent App. (GOG
32152-206) at ¶ 264.
4
rebuttal.
11
12 //
13 //
14 //
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
STATEMENT
- 19 -
C 02-01991 JSW
1
2
a modifiable bid a modifiable bid amount that is not modifiable bid amount that is
3 amount that is dependent or contingent upon unconstrained by other components
independent of other components of the search of the search listing
4 other components listing
of the search
5 listing
DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
6 Found in claims:
1, 2, 4, 5, 7, 8, 9, Independent ’361 Patent Specification
7 10, 11, 12, 13, 14, not dependent; not depending or
15, 16, 17, 18, 20, contingent upon something else for Title; Abstract, ll. 1-4, 14-34; fig. 2;
8 21, 22, 23, 24, 25, existence, operatio n, etc. (The fig. 7; fig. 8; fig. 9; col. 2, ll. 46-67;
26, 27, 28, 29, 30, Random House Dictionary of the col. 3, ll. 12-15, 42-67; col. 4, ll. 1-
9 33, 34, 35, 36, 37, English Language, Second Edition, 19, 26-29, 34-39, 59-60, 65-67; col.
38, 39, 40, 41, 42, 1987) 5, ll. 1-67; col. 6, ll. 1-15, 43-44, 57-
10 43, 44, 45, 46, 47, 62; col. 8, ll. 59-64; col. 9, ll. 25-30,
48, 49, 50, 51, 52, not dependent: as not subject to 42-45; col. 10, ll. 27-35; col. 12, ll.
11 53, 54, 55, 56, 57, control by others (Merriam 21-25, 40-55; col. 13, ll. 9-24; col.
58, 59, 60, 61, 62, Webster’s Collegiate Dictionary, 14, ll. 8-16; col. 18, ll. 4-28, 30-36,
12 63, 64, 65, 66, 67 Tenth Edition, 1995) 66-67; col. 19, ll. 1-5, 10-15, 38-58;
col. 20, ll. 66-67; col. 21, ll. 1-65.
13 not connected or related to another,
to each other, or to a group; separate Prior Art Cited in the File History
14 (Webster’s New World College
Dictionary, Third Edition, 1997) OVG 001222, 001226, 001229,
15 001232, 001235, 001236, 001242,
not connected with another or each 001249, 001251, 001254, 001366,
16 other (The New Oxford Dictionary 001402.
of English 1998)
17
not determined or influenced by DICTIONARY DEFINITIONS:
18 someone or something else; not
contingent (The American Heritage The Random House Dictio nary of
19 College Dictionary, Fourth Edition, the English Language, 2nd ed.,
2002) Unabridged
20
not dependent: as not subject to Webster’s New World College
21 control by others (Merriam Dictionary, 3rd ed.
Webster’s Unabridged Dictionary)
22 Merriam Webster’s Collegiate
Dictionary, 10th ed.
The New Oxford Dictionary of
24 ’361 Patent – col. 18, ll. 37-47 English
As shown in the campaign
25 management menu 170 of FIG. 2,
several choices are presented to the EXTRINSIC EVIDENCE:
26 advertiser to manage search listings.
First, in the "Change Bids" Roth et al. U.S. Patent (GOG 31921-
27 selection, the advertiser may change 46) at col. 2, ll. 20-65; col. 3 l. 51 –
the bid of search listings currently in col. 4, l. 25; col. 4, l. 58 – col. 5, l.
28 the account. The process invoked by 63; col.7, ll.11-33; col. 8, ll. 29-31;
the system for the change bids col. 8, ll. 44-48); figs. 2B & 6C.
STATEMENT
- 20 -
C 02-01991 JSW
the system for the change bids col. 8, ll. 44-48); figs. 2B & 6C.
1 function is shown in FIG. 8. After
the advertiser indicates the intent to Colorstamps, Inc. PCT Patent App.
2 change bids by selecting the (GOG 32061-121) at 10:6-12:3,
"Change Bids" menu option, the 19:9-20:3, 23:20-28.
3 system searches the user's account in
the database and displays the search Cheung et al. U.S. Patent App.
4 listings for the entire account or a (GOG 32207-24) (whole document).
default subaccount in the advertiser's
5 account, as shown in step 810. pages.ebay.com at GOG 32225-27.
6 ’361 Patent – col. 18, l. 54 – col. 19, www.alphastudiosinc.com at GOG
l. 7 32228.
7 An example of screen display shown
to the advertiser in step 810 is www.tundrawolfpromotions.com at
8 shown in FIG. 9 and will be GOG 32231.
discussed below. To change bids,
9 the advertiser user may specify new www.payperclickanalyst.com at
bids for search terms for which the GOG 32234-41.
10 advertiser already has an existing
bid by entering a new bid amount searchengineoptimism.com at GOG
11 into the new bid input field for the 32244-45.
search term. The advertiser-entered
12 bid changes are displayed to the www.searchengineposition.com at
advertiser at step 820 of FIG. 8 as GOG 32252.
13 discussed above. To update the bids
for the display page, the advertiser www.searchengines.com at GOG
14 requests, at step 830 of FIG. 8, to 32255.
update the result of changes. The
15 advertiser may transmit such a searchenginesinfo.com at GOG
request to the account management 32256.
16 server by a variety of means,
including clicking on a button Documents produced by Overture:
17 graphic. OVGE 52650-52, 52678, 52950,
As shown in step 840 of FIG. 8, 53035, 53130, 53484, 53521, 53563,
18 upon receiving the request to update 53580, 53640, 55954, 59019, 59309,
the advertiser's bids, the system Depo. Exh. 15 at 1.
19 calculates the new current bid
amounts for every search listing
20 displayed, the rank values, and the
bid amount needed to become the
21 highest ranked search listing
matching the search term field.
22 Preferably, the system then presents
a display of changes at step 850.
23 After the user confirms the changes,
the system updates the persistent
24 state by writing the changes to the
account in the database.
25
Col. 19, ll. 31-37
26 The advertiser may specify a new
bid for a displayed search listing by
27 entering a new bid amount into the
new bid input field 908 for the
28 search listing. To update the result
of the advertiser-entered changes,
STATEMENT
- 21 -
C 02-01991 JSW
of the advertiser-entered changes,

1 the advertiser clicks on button
graphic 912 to transmit an update
2 request to the account management
server, which updates the bids as
3 described above.
4 Col. 19, ll. 38-47
12 term.
Figure 2
14 Figure 5
Figure 8
15 Figure 9
Abstract, ll. 1-34
16 Col. 6, ll. 16-34
Col. 7, ll. 6-15
17 Col. 12, l. 21 – col. 13, l. 24
Col. 18, ll. 47-53
18 Col. 19, ll. 7-37
Col. 19, l. 47 – col. 20, l. 65
19
rebuttal.
26
27
//
28
STATEMENT
- 22 -
C 02-01991 JSW
1
2
ordering . . . in ordering in agreement with the ordering . . . in conformance with
3 accordance with values of the respective bid amounts the values of the respective bid
the values of the amounts
4 respective bid
amounts
5 DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
Found in claims:
6 1, 2, 4, 5, 7, 8, 9, Accordance ’361 Patent Specification
10, 11, 12, 13 agreement; conformity (The
7 Random House Dictionary of the Title; Abstract, ll. 1-4, 14-34; fig. 2;
English Language, Second Edition, fig. 7; fig. 8; fig. 9; col. 2, ll. 46-67;
8 1987) col. 3, ll. 12-15, 42-67; col. 4, ll. 1-
19, 26-29, 34-39, 59-60, 65-67; col.
9 agreement, conformity (Merriam 5, ll. 1-67; col. 6, ll. 1-15, 43-44, 57-
Webster’s Collegiate Dictionary, 62; col. 8, ll. 59-64; col. 9, ll. 25-30,
10 Tenth Edition, 1995) 42-45; col. 10, ll. 27-35; col. 12, ll.
21-25, 40-55; col. 13, ll. 9-24; col.
11 agreement; harmony; conformity 14, ll. 8-16; col. 18, ll. 4-28, 30-36,
(Webster’s New World College 66-67; col. 19, ll. 1-5, 10-15, 38-58;
12 Dictionary, Third Edition, 1997) col. 20, ll. 66-67; col. 21, ll. 1-65.
13 in a manner conforming with (The Microfiche Appendix to ’361 Patent
New Oxford Dictionary of English Application
14 1998)
<goto/content/jhdocs/about
15 agreement, conformity (The /advertisers/mediakit
American Heritage College /rates.jhtml> at 2.
16 Dictionary, Fourth Edition, 2002)
File History
17 agreement, accord (Merriam
Webster’s Unabridged Dictionary) Davis Decl. in Supp. of Petition to
18 Make Special, at ¶ 7(c)-(e) & Exhs.
10-11, 17, 20-21.
Nov. 8, 2000 Office Action at 4.
20 ’361 Patent – Abstract, ll. 19-34
The network information provider Prior Art Cited in the File History
21 influences a position for a search
listing in the provider's account by OVG 001222, 001226, 001229,
22 first selecting a search term relevant 001232, 001235, 001236, 001242,
to the content of the web site or 001249, 001251, 001254, 001366.
23 other information source to be listed.
The network information provider
24 enters the search term and the DICTIONARY DEFINITIONS:
description into a search listing. The
25 network information provider The Random House Dictionary of
influences the position for a search the English Language, 2nd ed.,
26 listing through a continuous online Unabridged
competitive bidding process. The
27 bidding process occurs when the Webster’s New World College
network information provider enters Dictionary, 3rd ed.
28 a new bid amount, which is
preferably a money amount, for a
STATEMENT
- 23 -
C 02-01991 JSW
preferably a money amount, for a

1 search listing. The system and Merriam Webster’s Collegiate
method of the present invention then Dictionary, 10th ed.
2 compares this bid amount with all
other bid amount s for the same The New Oxford Dictionary of
3 search term, and generates a rank English
value for all search listings having
4 that search term. The rank value
generated by the bidding process EXTRINSIC EVIDENCE:
5 determines where the network
information providers listing will www.searchengineposition.com at
6 appear on the search results list page GOG 32252.
that is generated in response to a
7 query of the search term by a Documents produced by Overture:
searcher located at a client computer Depo. Exh. 15 at 1.
8 on the computer network. A higher
bid by a network information
9 provider will result in a higher rank
value and a more advantageous
10 placement.
11 ’361 Patent – col. 3, l. 51 – col. 4,
l. 9
12 Ideally, web site promoters should
be able to control their placement in
13 search result listings so that their
listings are prominent in searches
14 that are relevant to the content of
their web site. The search engine
15 functio nality of the Internet needs to
be focused in a new direction to
16 facilitate an online marketplace
which offers consumers quick, easy
17 and relevant search results while
providing Internet advertisers and
18 promoters with a cost-effective way
to target consumers. A consumer
19 utilizing a search engine that
facilitates this online marketplace
20 will find companies or businesses
that offer the products, services, or
21 information that the consumer is
seeking. In this online marketplace,
22 companies selling products,
services, or information bid in an
23 open auction environment for
positions on a search result list
24 generated by an Internet search
engine. Since advertisers must pay
25 for each click-through referral
generated through the search result
26 lists generated by the search engine,
advertisers have an incentive to
27 select and bid on those search
keywords that are most relevant to
28 their web site offerings. The higher
an advertiser's position on a search
STATEMENT
- 24 -
C 02-01991 JSW
an advertiser's position on a search

1 result list, the higher likelihood of a
"referral"; that is, the highe r the
2 likelihood that a consumer will be
referred to the advertiser's web site
3 through the search result list. The
openness of this advertising
4 marketplace is further facilitated by
publicly displaying, to consumers
5 and other advertisers, the price bid
by an advertiser on a particular
6 search result listing.
7 ’361 Patent – col. 4, l. 55 – col. 5,
l. 40
8 More particularly, the present
invention relates to a system and
9 method to enable a web site
promoter to define a search listing
10 for a search result list, select a
search term relevant to the
11 promoter's web site, and influence a
search result list position for the
12 search listing on an Internet search
engine. When an Internet user enters
13 the search terms in a search engine
query, the search engine will
14 generate a search result list with the
web site promoter's listing in a
15 position influenced by one or more
parameters defined by the promoter.
present invention, a web site
17 promoter selects a search term and
influences a position within the
18 search result list generated by that
search term by participating in an
19 online competitive bidding process.
This online competitive bidding
20 process is known as a "pay- for-
performance" process and may be
21 employed in conjunction with an
Internet search engine. "Pay- for-
22 performance" applies market
principles to advertising on the
23 Internet. Conventional Internet
search engines do not provide a way
24 for web site promoters to easily
predict the position of their web site
25 in search results or guarant ee their
appearance in search results
26 containing their web site description.
A tool enabling advertisers to target
27 web search terms relevant to their
business and to pinpoint the
28 placement of their web site
description within the search results
STATEMENT
- 25 -
C 02-01991 JSW

1 provides a powerful advantage to
businesses and others seeking to
2 increase their web exposure.
Furthermore, a competitive bidding
3 process and pricing based on
number of web site referrals
4 generated helps ensure that the
pricing structure reflects the market
5 and is accessible to advertisers of all
budget sizes.
6 To participate in the process, an
advertiser, such as a web site
7 promoter, may access the
advertiser's user account through a
8 secure web site. The advertiser may
use the account to place bids on
9 search terms that are relevant to the
advertiser's web site. Each bid is
10 specific to a search term web site
combination and corresponds to a
11 money amount that the advertiser
will pay to the owner of the search
12 engine each time a searcher clicks
on the advertiser's hyperlinked
13 listing in the search result list
generated by the search engine. The
14 searcher's click will result in an
access request being sent to the
15 advertiser's web site, which will
respond by transmitting the
16 advertiser's web page to the
searcher's browser. The charge to
17 the advertiser for the placement is
therefore directly proportional to the
18 benefit received, since the charge is
based on the number of referrals to
19 the advertiser's web site that were
generated by the search engine.
20 The higher the bid, the more
advantageous the placement in the
21 search result list that is generated
when the bidded search term is
22 entered by a searcher using the
search engine. The search result list
23 is arranged in order of decreasing
bid amount, with the search listing
24 corresponding to the highest bids
displayed first to the searcher.
25
’361 Patent – col. 5, l. 53 – col. 6,
26 l. 8
According to a first embodiment of
27 the present invention, there is
provided a system and method for
28 enabling the web site promoters to
influence a position for a search
STATEMENT
- 26 -
C 02-01991 JSW

1 listing within a search result list
generated by an Internet search
2 engine. The web site promoter first
selects a search term comprising one
3 or more keywords relevant to the
content of the web site to be listed.
4 The web site promoter influences
the rank position for the search
5 listing through an ongoing online
competitive bidding process with
6 other web site promoters. The
bidding process occurs when an
7 advertiser enters a new bid amount
for an existing search listing or
8 enters a bid amount for a new search
listing. Preferably, the promoter's
9 bid is then processed in real time.
This bid amount is compared with
10 all other bid amounts from other
promoters for the same search term,
11 and generates new rank values for
all search listings having that search
12 term. The rank value determines the
list page.
18
’361 Patent – col. 9, ll. 42-45
19 The higher bids receive more
advantageous placement on the
20 search result list page generated by
the search engine 24 when a search
21 using the search term bid on by the
advertiser is executed.
22
’361 Patent – col. 13, ll. 9-24
23 Finally, a rank value is a value
generated dynamically, preferably
24 by the processing system 34 of the
account management server 22
25 shown in FIG. 1, each time an
advertiser places a bid or a search
26 enters a search query. The rank
value of an advertiser's search listing
27 determines the placement location of
the advertiser's entry in the search
28 result list gene rated when a search is
executed on the corresponding
STATEMENT
- 27 -
C 02-01991 JSW

1 search term. Preferably, rank value
is an ordinal value determined in a
2 direct relationship to the bid amount
358; the higher the bid amount, the
3 higher the rank value, and the more
advantageous the placement location
4 on the search result list. Most
preferably, the rank value of 1 is
5 assigned to the highest bid amount
with successively higher ordinal
6 values (e.g., 2, 3, 4, . . . ) associated
with successively lower ranks and
7 assigned to successively lower bid
amounts.
8
’361 Patent – col. 18, ll. 4-28
9 Search result list entries 710a-710h
may also show the rank value of the
10 advertiser's search listing. The rank
value is an ordinal value, preferably
11 a number, generated and assigned to
the search listing by the processing
12 system 34 of FIG. 1. Preferably, the
rank value is assigned through a
13 process, implemented in software,
that establishes an association
14 between the bid amount, the rank,
and the search term of a search
15 listing. The process gathers all
search listings that match a
16 particular search term, sorts the
search listings in order from highest
17 to lowest bid amount, and assigns a
rank value to each search listing in
18 order. The highest bid amount
receives the highest rank value, the
19 next highest bid amount receives the
next highest rank value, proceeding
20 to the lowest bid amount, which
receives the lowest rank value. Most
21 preferably, the highest rank value is
1 with successively increasing
22 ordinal values (e.g., 2, 3, 4, . . . )
assigned in order of successively
23 decreasing rank. The correlation
between rank value and bid amount
24 is illustrated in FIG. 7, where each
of the paid search list entries 710a
25 through 710f display the advertiser's
bid amount 750a through 750f for
26 that entry. Preferably, if two search
listings having the same search term
27 also have the same bid amount, the
bid that was received earlier in time
28 will be assigned the higher rank
value. Unpaid listings 710g and
STATEMENT
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1 710h do not display a bid amount
and are displayed following the
2 lowest-ranked paid listing.
3 ’361 Patent – col. 19, ll. 38-58
11 term. After the advertiser requests
that the ranks be updated, the system
12 then calculates a new bid price by
13 available to one skilled in the art.
For example, the system may invoke
14 a routine to locate the search listing
in the search database having the
15 desired rank/search term
combination, retrieve the associated
16 bid amount of said combination, and
then calculate a bid amount that is N
17 cents higher; where N=1, fo r
example. After the system calculates
18 the new bid price and presents a
read-only confirmation display to
19 the advertiser, the system updates
the bid prices and rank values upon
20 receiving approval from the
advertiser.
21
’361 Patent – col. 20, l. 66 – col. 21,
22 l. 53
The "Account Management" menu
23 170 of FIG. 2 also preferably
provides advertisers with a "Project
24 Expenses" selection. In this
selection, the advertiser specifies a
25 search listing or subaccount for
which the advertiser would like to
26 predict a "daily run rate" and "days
remaining to expiration." The
27 system calculates the projections
based on a cost projection algorithm,
28 and displays the predictions to the
advertiser on a read-only screen.
STATEMENT
- 29 -
C 02-01991 JSW
advertiser on a read-only screen.

1 The predictions may be calculated
using a number of different
2 algorithms known in the art.
However, since the cost of a search
3 listing is calculated by multiplying
the bid amount by the total number
4 of clicks received by the search
listing at that bid amount during a
5 specified time period, every cost
projection algo rithm must generally
6 determine an estimated number of
clicks per month (or other specified
7 time period) for a search listing. The
clicks on a search listing may be
8 tracked via implementation of a
software counting mechanism as is
9 well known in the art. Clicks for all
search listings may be tracked over
10 time, this data may be used to
generate estimated numbers of
11 clicks per month overall, and for
individual search terms. For a
12 particular search term, an estimated
number of searches per day is
13 determined and is multiplied by the
cost of a click. This product is then
14 multiplied by a ratio of the average
number of clicks over the average
15 number of impressions for the rank
of the search listing in question to
16 obtain a daily run rate. The current
balance may be divided by the daily
17 run rate to obtain a projected
number of days to exhaustion or
18 "expiration" of account funds.
One embodiment of the present
19 invention bases the cost projection
algorithm on a simple predictor
20 model that assumes that every
search term performs in a similar
21 fashion. This model assumes that the
rank of the advertiser's search listing
22 will remain constant and not
fluctuate throughout the month. This
23 algorithm has the advantages of
being simple to implement and fast
24 to calculate. The predictor model is
based on the fact that the click
25 through rate, e.g. the total number of
clicks, or referrals, for a particular
26 searcher listing, is considered to be a
function of the rank of the search
27 listing. The model therefore assumes
that the usage curve of each search
28 term, that is, the curve that result
when the number of clicks on a
STATEMENT
- 30 -
C 02-01991 JSW
when the number of clicks on a

1 search listing is plotted against the
rank of the search listing, is similar
2 to the usage curve for all search
terms. Thus, known values
3 extrapolated over time for the sum
of all clicks for all search terms, the
4 sum of all clicks at a given rank for
all search terms, and the sum of all
5 clicks for the selected search term
may be employed in a simple
6 proportion to determine the total of
all clicks for the given rank for the
7 selected search term. The estimated
daily total of all clicks for the
8 selected search term at the selected
rank is then multiplied by the
9 advertiser's current bid amount for
the search term at that rank to
10 determine a daily expense
projection. In addition, if particular
11 search terms or classes of search
terms are known to differ markedly
12 from the general pattern, correction
values specific to the search term,
13 advertiser, or other parameter may
be introduced to fine-tune the
14 projected cost estimate.
Figure 7
16 Col. 7, ll. 6-15
17
EXTRINSIC EVIDENCE:
18
23 rebuttal.
24
//
25
//
26
//
27
//
28
STATEMENT
- 31 -
C 02-01991 JSW
1
2
arranged in an arranged in an order ascertained by arranged in an order established by
3 order determined an analysis that utilizes the bid the bid amounts
using the bid amounts
4 amounts
5 Found in claims:
15, 16, 17, 18, 20,
6 21, 22, 23, 24, 25,
26, 27, 28, 29, 48
7
position . . . position . . . ascertained by an position . . . established by the bid
8 determined using analysis that utilizes the bid amount
the bid amount amount
9
Found in claim:
10 14, 52, 53, 54, 55, DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
56, 57, 58, 59, 60,
11 61, 62, 63, 64, 65, Determine ’361 Patent Specification
66, 67 to conclude or ascertain, as after
12 reasoning, observation, etc. (The Title; Abstract, ll. 1-4, 14-34; fig. 2;
Random House Dictionary of the fig. 7; fig. 8; fig. 9; col. 2, ll. 46-67;
13 English Language, Second Edition, col. 3, ll. 12-15, 42-67; col. 4, ll. 1-
1987) 19, 26-29, 34-39, 59-60, 65-67; col.
14 5, ll. 1-67; col. 6, ll. 1-15, 43-44, 57-
to find out or come to a decision 62; col. 8, ll. 59-64; col. 9, ll. 25-30,
15 about by investigation, reasoning, or 42-45; col. 10, ll. 27-35; col. 12, ll.
calculation (Merriam Webster’s 21-25, 40-55; col. 13, ll. 9-24; col.
16 Collegiate Dictionary, Tenth 14, ll. 8-16; col. 18, ll. 4-28, 30-36,
Edition, 1995) 66-67; col. 19, ll. 1-5, 10-15, 38-58;
17 col. 20, ll. 66-67; col. 21, ll. 1-65
to reach a decision about after
18 thought and investigation; decide Microfiche Appendix to ’361 Patent
upon (Webster’s New World Application
19 College Dictionary, Third Edition,
1997) <goto/content/jhdocs/about
20 /advertisers/mediakit
ascertain or establish exactly, /rates.jhtml> at 2.
21 typically as a result of research or
calculation (The New Oxford File History
22 Dictionary of English 1998)
Davis Decl. in Supp. of Petition to
23 to establish or ascertain definitively, Make Special, ¶ 2(b) & Exhs. 1-2 &
as after investigation or calculation 4.
24 (The American Heritage College
Dictionary, Fourth Edition, 2002) Prior Art Cited in the File History
25
to come to a decision concerning as OVG 001222, 001226, 001229,
26 the result of investigation or 001232, 001235, 001236, 001242,
reasoning (Merriam Webster’s 001249, 001251, 001254, 001366,
27 Unabridged Dictionary) 001402.
28
STATEMENT
- 32 -
C 02-01991 JSW
1 Using DICTIONARY DEFINITIONS:

to employ for some purpose; put
2 into service; make use of (The Merriam-Webster Unabridged
Random House Dictionary of the (online) (GOG 32257-63)
3 English Language, Second Edition,
1987) The Random House Dic tionary of
4 the English Language, 2nd ed.,
to put into action or service; Unabridged
5 synonyms USE, EMPLOY,
UTILIZE (Merriam Webster’s Webster’s New World College
6 Collegiate Dictionary, Tenth Dictionary, 3rd ed.
Edition, 1995)
to put or bring into action or service; Dictionary, 10th ed.
8 employ for or apply to a given
purpose (Webster’s New World The New Oxford Dictionary of
9 College Dictionary, Third Edition, English
1997)
10
take, hold, or deploy (something) as EXTRINSIC EVIDENCE:
11 a means of accomplishing a purpose
or achieving a result; employ (The www.jsonline.com at GOG 1659-61.
12 New Oxford Dictionary of English
1998) www.searchengineposition.com at
13 GOG 32252.
to put into action or service;
14 synonyms EMPLOY, UTILIZE, Documents produced by Overture:
APPLY, AVAIL (Merriam Depo. Exh. 15 at 1.
16
INTRINSIC EVIDENCE:
17
’361 Patent – col. 4, ll. 55-64
18 More particularly, the present
invention relates to a system and
promoter to define a search listing
20 for a search result list, select a
search term relevant to the
search result list position for the
22 search listing on an Internet search
23 the search terms in a search engine
26
STATEMENT
- 33 -
C 02-01991 JSW

3 description into a search listing. The
network information provider
5 competitive bidding process. The
6 network information provider enters
a new bid amount, which is
search listing. The system and
8 method of the present invention then
compares this bid amount with all
9 other bid amounts for the same
search term, and generates a rank
10 value for all search listings having
that search term. The rank value
11 generated by the bidding process
determines where the network
12 information providers listing will
appear on the search results list page
13 that is generated in response to a
query of the search term by a
14 searcher located at a client computer
on the computer network. A higher
15 bid by a network information
provider will result in a higher rank
16 value and a more advantageous
placement.
17
’361 Patent – col. 5, l. 53 – col. 6,
18 l. 8
STATEMENT
- 34 -
C 02-01991 JSW

list page.
10
’361 Patent – col. 18, ll. 4-28
11 Search result list entries 710a-710h
may also show the rank value of the
12 advertiser's search listing. The rank
value is an ordinal value, preferably
13 a number, generated and assigned to
the search listing by the processing
14 system 34 of FIG. 1. Preferably, the
rank value is assigned through a
15 process, implemented in software,
that establishes an association
16 between the bid amount, the rank,
and the search term of a search
17 listing. The process gathers all
search listings that match a
18 particular search term, sorts the
search listings in order from highest
19 to lowest bid amount, and assigns a
rank value to each search listing in
20 order. The highest bid amount
receives the highest rank value, the
21 next highest bid amount receives the
next highest rank value, proceeding
22 to the lowest bid amount, which
receives the lowest rank value. Most
23 preferably, the highest rank value is
1 with successively increasing
24 ordinal values (e.g., 2, 3, 4, . . . )
assigned in order of successively
25 decreasing rank. The correlation
between rank value and bid amount
26 is illustrated in FIG. 7, where each
of the paid search list entries 710a
27 through 710f display the advertiser's
bid amount 750a through 750f for
28 that entry. Preferably, if two search
STATEMENT
- 35 -
C 02-01991 JSW

1 also have the same bid amount, the
bid that was received earlier in time
2 will be assigned the higher rank
3 710h do not display a bid amount
and are displayed following the
4 lowest-ranked paid listing.
5 Addition Citations to ’361 Patent
Figure 7
6 Col. 7, ll. 6-15
Col. 25, ll. 65-67
7 Col. 26, ll. 1-7
Col. 30, ll. 1-9
8
rebuttal.
15
16
//
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
STATEMENT
- 36 -
C 02-01991 JSW
1
2
arranged in an arranged in an order similar to the arranged in an order conforming to
3 order order of the bid amounts the bid amounts
corresponding to
4 the bid amounts
DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
5 Found in claims:
30, 33, 34, 35, 36, Corresponding ’361 Patent Specification
6 37, 38, 39, 40, 41, similar in position, purpose, form,
42, 43, 44, 45, 46, etc. (The Random House Dictionary Title; Abstract, ll. 1-4, 14-34; fig. 2;
7 47, 49, 50, 51 of the English Language, Second fig. 7; fig. 8; fig. 9; col. 2, ll. 46-67;
Editio n, 1987) col. 3, ll. 12-15, 42-67; col. 4, ll. 1-
8 19, 26-29, 34-39, 59-60, 65-67; col.
having or participating in the same 5, ll. 1-67; col. 6, ll. 1-15, 43-44, 57-
9 relationship (as kind, degree, 62; col. 8, ll. 59-64; col. 9, ll. 25-30,
position, correspondence, or 42-45; col. 10, ll. 27-35; col. 12, ll.
10 function) especially with regard to 21-25, 40-55; col. 13, ll. 9-24; col.
the same or like wholes (as 14, ll. 8-16; col. 18, ll. 4-28, 30-36,
11 geometric figures or sets)(~parts of 66-67; col. 19, ll. 1-5, 10-15, 38-58;
similar triangles); RELATED, col. 20, ll. 66-67; col. 21, ll. 1-65.
12 ACCOMPANYING (Merriam
Webster’s Collegiate Dictionary, Microfiche Appendix to ’361 Patent
13 Tenth Edition, 1995) Application
14 having the same or nearly the same <goto/content/jhdocs/about
relationship (The American Heritage /advertisers/mediakit
15 College Dictionary, Fourth Edition, /rates.jhtml> at 2.
2002)
16 File History
Correspond
17 to be similar, analogous, or equal (to Davis Decl. in Supp. of Petition to
something) (Webster’s New World Make Special, at ¶ 7(c)-(e) & Exhs.
18 College Dictionary, Third Edition, 10-11, 17, 20-21.
1997)
19 Prior Art Cited in the File History
have a close similarity; match or
20 agree almost exactly (The New OVG 001222, 001226, 001229,
Oxford Dictionary of English 1998) 001232, 001235, 001236, 001242,
21 001249, 001251, 001254, 001366,
001402.
23 ’361 Patent – col. 4, l. 55 – col. 5, DICTIONARY DEFINITIONS:
l. 37
24 More particularly, the present Merriam-Webster Unabridged
invention relates to a system and (online) (GOG 32257-63)
promoter to define a search listing The Random House Dictionary of
26 for a search result list, select a the English Language, 2nd ed.,
search term relevant to the Unabridged
search result list position for the Webster’s New World College
28 search listing on an Internet search Dictionary, 3rd ed.
STATEMENT
- 37 -
C 02-01991 JSW

1 the search terms in a search engine Merriam Webster’s Collegiate
query, the search engine will Dictionary, 10th ed.
web site promoter's listing in a The New Oxford Dictionary of
3 position influenced by one or more English
present invention, a web site EXTRINSIC EVIDENCE:
5 promoter selects a search term and
influences a position within the www.jsonline.com at GOG 1659-61.
6 search result list generated by that
search term by participating in an www.searchengineposition.com at
7 online competitive bidding process. GOG 32252.
This online competitive bidding
8 process is known as a "pay- for- Documents produced by Overture:
performance" process and may be Depo. Exh. 15 at 1.
9 employed in conjunction with an
Internet search engine. "Pay- for-
10 performance" applies market
principles to advertising on the
11 Internet. Conventional Internet
search engines do not provide a way
12 for web site promoters to easily
predict the position of their web site
13 in search results or guarantee their
appearance in search results
14 containing their web site description.
A tool enabling advertisers to target
15 web search terms relevant to the ir
business and to pinpoint the
16 placement of their web site
17 provides a powerful advantage to
businesses and others seeking to
18 increase their web exposure.
Furthermore, a competitive bidding
19 process and pricing based on
number of web site referrals
20 generated helps ensure that the
pricing structure reflects the market
21 and is accessible to advertisers of all
budget sizes.
22 To participate in the process, an
advertiser, such as a web site
23 promoter, may access the
advertiser's user account through a
24 secure web site. The advertiser may
use the account to place bids on
25 search terms that are relevant to the
advertiser's web site. Each bid is
26 specific to a search term web site
combination and corresponds to a
27 money amount that the advertiser
will pay to the owner of the search
28 engine each time a searcher clicks
STATEMENT
- 38 -
C 02-01991 JSW

1 listing in the search result list
generated by the search engine. The
2 searcher's click will result in an
access request being sent to the
3 advertiser's web site, which will
respond by transmitting the
4 advertiser's web page to the
searcher's browser. The charge to
5 the advertiser for the placement is
therefore directly proportional to the
6 benefit received, since the charge is
based on the numb er of referrals to
7 the advertiser's web site that were
generated by the search engine.
8 The higher the bid, the more
advantageous the placement in the
9 search result list that is generated
when the bidded search term is
10 entered by a searcher using the
search engine.
11
16 description into a search listing. The
network information provider
18 competitive bidding process. The
19 network information provider enters
a new bid amount, which is
search listing. The system and
21 method of the present invention then
compares this bid amount with all
22 other bid amounts for the same
search term, and generates a rank
23 value for all search listings having
that search term. The rank value
24 generated by the bidding process
determines where the network
25 information providers listing will
appear on the search results list page
26 that is generated in response to a
query of the search term by a
27 searcher located at a client computer
on the computer network. A higher
28 bid by a network information
STATEMENT
- 39 -
C 02-01991 JSW

1 value and a more advantageous
placement.
2
’361 Patent – col. 3, l. 51 – col. 4,
3 l. 9
Ideally, web site promoters should
4 be able to control their placement in
search result listings so that their
5 listings are prominent in searches
that are relevant to the content of
6 their web site. The search engine
functionality of the Int ernet needs to
7 be focused in a new direction to
facilitate an online marketplace
8 which offers consumers quick, easy
and relevant search results while
9 providing Internet advertisers and
promoters with a cost-effective way
10 to target consumers. A consumer
utilizing a search engine that
11 facilitates this online marketplace
will find companies or businesses
12 that offer the products, services, or
information that the consumer is
13 seeking. In this online marketplace,
companies selling products,
14 services, or information bid in an
open auction environment for
15 positions on a search result list
16 engine. Since advertisers must pay
for each click-through referral
17 generated through the search result
lists generated by the search engine,
18 advertisers have an incentive to
select and bid on those search
19 keywords that are most relevant to
their web site offerings. The higher
20 an advertiser's position on a search
result list, the higher likelihood of a
21 "referral"; that is, the higher the
likelihood that a consumer will be
22 referred to the advertiser's web site
through the search result list. The
23 openness of this advertising
marketplace is further facilitated by
24 publicly displaying, to consumers
and other advertisers, the price bid
25 by an advertiser on a particular
search result listing.
26
’361 Patent – col. 5, l. 53 – col. 6,
27 l. 8
STATEMENT
- 40 -
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list page.
19
’361 Patent – col. 9, ll. 42-45
20 The higher bids receive more
advantageous placement on the
21 search result list page generated by
the search engine 24 when a search
22 using the search term bid on by the
advertiser is executed.
23
’361 Patent – col. 13, ll. 9-20
24 Finally, a rank value is a value
generated dynamically, preferably
25 by the processing system 34 of the
account management server 22
26 shown in FIG. 1, each time an
advertiser places a bid or a search
27 enters a search query. The rank
value of an advertiser's search listing
28 determines the placement location of
STATEMENT
- 41 -
C 02-01991 JSW

1 result list generated when a search is
2 search term. Preferably, rank value
is an ordinal value determined in a
3 direct relationship to the bid amount
358; the higher the bid amount, the
4 higher the rank value, and the more
advantageous the placement location
5 on the search result list.
6 ’361 Patent – col. 18, ll. 4-11
Search result list entries 710a-710h
7 may also show the rank value of the
advertiser's search listing. The rank
8 value is an ordinal value, preferably
a number, generated and assigned to
9 the search listing by the processing
system 34 of FIG. 1. Preferably, the
10 rank value is assigned through a
process, implemented in software,
11 that establishes an association
between the bid amount, the rank,
12 and the search term of a search
listing.
13
’361 Patent – col. 19, ll. 38-58
14 Many of the other selections listed
in the "Account Management" menu
15 170 of FIG. 2 function as variants of
the "Change Bid" function described
16 above. For example, if the advertiser
selects the "Change Rank Position"
17 option, the advertiser may be
presented with a display similar to
18 the display of FIG. 9 used in the
"Change Bid" function. However, in
19 the "Change Rank Position" option,
the "New Bid" field would be
20 replaced by a "New Rank" field, in
which the advertiser enters the new
21 desired rank position for a search
term. After the advertiser requests
22 that the ranks be updated, the system
then calculates a new bid price by
23 any of a variety of algorithms easily
available to one skilled in the art.
28 example. After the system calculates
the new bid price and presents a
STATEMENT
- 42 -
C 02-01991 JSW

1 read-only confirmation display to
the advertiser, the system updates
2 the bid prices and rank values upon
3 advertiser.
4 ’361 Patent – col. 20, l. 66 – col. 21,
l. 53
5 The "Account Management" menu
170 of FIG. 2 also preferably
6 provides advertisers with a "Project
Expenses" selection. In this
7 selection, the advertiser specifies a
search listing or subaccount for
8 which the advertiser would like to
predict a "daily run rate" and "days
9 remaining to expiration." The
system calculates the projections
10 based on a cost projection algorithm,
and displays the predictions to the
11 advertiser on a read-only screen.
The predictions may be calculated
12 using a number of different
algorithms known in the art.
13 However, since the cost of a search
listing is calculated by multiplying
14 the bid amount by the total number
of clicks received by the search
15 listing at that bid amount during a
specified time period, every cost
16 projection algorithm must generally
determine an estimated number of
17 clicks per month (or other specified
time period) for a search listing. The
18 clicks on a search listing may be
tracked via implementation of a
19 software counting mechanism as is
well known in the art. Clicks for all
20 search listings may be tracked over
time, this data may be used to
21 generate estimated numbers of
clicks per month overall, and for
22 individual search terms. For a
particular search term, an estimated
23 number of searches per day is
determined and is multiplied by the
24 cost of a click. This product is then
multiplied by a ratio of the average
25 number of clicks over the average
number of impressions for the rank
26 of the search listing in question to
obtain a daily run rate. The current
27 balance may be divided by the daily
run rate to obtain a projected
28 number of days to exhaustion or
"expiration" of account funds.
STATEMENT
- 43 -
C 02-01991 JSW
"expiration" of account funds.

1 One embodiment of the present
invention bases the cost projection
2 algorithm on a simple predictor
model that assumes that every
3 search term performs in a similar
fashion. This model assumes that the
4 rank of the advertiser's search listing
will remain constant and not
5 fluctuate throughout the month. This
algorithm has the advantages of
6 being simple to implement and fast
to calculate. The predictor model is
7 based on the fact that the click
through rate, e.g. the total number of
8 clicks, or referrals, for a particular
searcher listing, is considered to be a
9 function of the rank of the search
listing. The model therefore assumes
10 that the usage curve of each search
term, that is, the curve that result
11 when the number of clicks on a
search listing is plotted against the
12 rank of the search listing, is similar
to the usage curve for all search
13 terms. Thus, known values
extrapolated over time for the sum
14 of all clicks for all search terms, the
sum of all clicks at a given rank for
15 all search terms, and the sum of all
clicks for the selected search term
16 may be employed in a simple
proportion to determine the total of
17 all clicks for the given rank for the
selected search term. The estimated
18 daily total of all clicks for the
selected search term at the selected
19 rank is then multiplied by the
advertiser's current bid amount for
20 the search term at that rank to
determine a daily expense
21 projection. In addition, if particular
search terms or classes of search
22 terms are known to differ markedly
from the general pattern, correction
23 values specific to the search term,
advertiser, or other parameter may
24 be introduced to fine-tune the
projected cost estimate.
25
Additional Citations to ’361 Patent
26 Figure 7
Col. 7, ll. 6-15
27 Col. 27, ll. 55-64
28
STATEMENT
- 44 -
C 02-01991 JSW
rebuttal.
7
8
//
9
//
10
//
11
//
12
//
13
//
14
//
15
//
16
//
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
STATEMENT
- 45 -
C 02-01991 JSW
1
2
in response to in reaction to in fulfillment of
3
Found in claims:
4 1, 2, 4, 5, 7, 8, 9, DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
10, 11, 12, 13, 14,
5 15, 16, 17, 18, 20, Response ’361 Patent Specification
21, 22, 23, 24, 25, an answer or reply, as in words or in
6 26, 27, 28, 29, 30, some action (The Random House Figure 7; Column 2, ll. 24-35, 42-
33, 34, 35, 36, 37, Dictionary of the English Language, 67; col. 3, ll. 6-45, 54-62; col. 4, ll.
7 38, 39, 40, 41, 42, Second Edition, 1987) 34-39, 51-67; col. 5, ll. 1-14, 35-50;
43, 44, 45, 46, 47, col. 6, ll. 56-58; col. 8, ll. 52-67; col.
8 48, 49, 50, 51, 52, something constituting a reply or 9, ll. 1-18, 42-44; col. 10, ll. 7-35;
53, 54, 55, 56, 57, reaction (Merriam Webster’s col.17, ll. 53-67; col.18, ll. 1-3.
9 58, 59, 60, 61, 62, Collegiate Dictionary, Tenth
63, 64, 65, 66, 67 Edition, 1995)
10 DICTIONARY DEFINITIONS:
something said or done in answer;
11 reply or reaction (Webster’s New The Random House Dictionary of
World College Dictionary, Third the English Language, 2nd ed.,
12 Edition, 1997) Unabridged
13 a reaction to something (The New Webster’s New World College
Oxford Dictionary of English 1998) Dictionary, 3rd ed.
14
a reply or answer (The American Merriam Webster’s Collegiate
15 Heritage College Dictionary, Fourth Dictionary, 10th ed.
Edition, 2002)
16 The New Oxford Dictionary of
an act or action of responding (as by English
17 an answer) (Merriam Webster’s
Unabridged Dictionary)
18
20 (1) Generating A Search Result List
In Response To A Search Request
21
’361 Patent – col. 10, ll. 16-21
22 When the searcher has finished
entering the search term, the
23 searcher may transmit the query to
the search engine web server 24 by
24 clicking on a provided hyperlink.
The search engine web server 24
25 will then generate a search result list
page and transmit this page to the
26 searcher at the client computer 12.
27 ’361 Patent – Abstract, ll. 27-32
The rank value generated by the
28 bidding process determines where
the network information providers
STATEMENT
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the network information providers

1 listing will appear on the search
results list page that is generated in
2 response to a query of the search
term by a searcher located at a client
3 computer on the computer network.
4 ’361 Patent – col. 9, ll. 9-12
In a preferred embodiment of the
5 present invention, search engine web
server 24 includes a search database
6 40 comprised of search listing
records used to generate search
7 results in response to user queries.
8 ’361 Patent – col. 4, ll. 60-64
When an Internet user enters the
9 search terms in a search engine
12
’361 Patent – col. 17, ll. 19-26
13 When a remote searcher accesses the
search query page on the search
14 engine web server 24 and executes a
search request according to the
15 procedure described previously, the
search engine web server 24
16 preferably generates and displays a
search result list where the
17 "canonicalized" entry in search term
field of each search listing in the
18 search result list exactly matches the
canonicalized search term query
19 entered by the remote searcher.
20 ’361 Patent – col. 6, ll. 1-8
The rank value determines the
21 position where the promoter's web
site description will appear on the
22 search results list page that is
generated when the search term is
23 entered into the query box on the
search engine by a searcher. A
24 higher bid will result in a higher
rank value and a more advantageous
25 placement, which is preferably near
the beginning of the search results
26 list page.
27
28
STATEMENT
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1 (2) Providing Login Access In

Response To Authentication
2
’361 Patent – col. 6, ll. 26-29
3 The promoter logs in to his or her
account via an authentication
4 process running on a secure server.
Once logged in, the promoter may
5 add, delete, or modify a search
listing.
6
’361 Patent – col. 10, ll. 39-46
7 The advertiser, upon entering the
URL of the account management
8 server 22 into the browser program
16 of FIG. 1, invokes a login
9 application, discussed below as
shown at screen 110 of FIG. 2,
10 running on the processing system 34
of the server 22. Once the advertiser
11 is logged- in, the processing system
34 provides a menu 120 that has a
12 number of options and further
services for advertisers.
13
’361 Patent – col. 11, ll. 12-16
14 According to FIG. 3, after the user
has been authenticated as an
15 advertiser, the advertiser is provided
with the menu screen 120 of FIG. 2
16 and limited read/write access
privileges only to the corresponding
17 advertiser account, as shown in step
278.
18
19 (3) Updating A Search Listing In

Response To A Change Request
20
’361 Patent – col. 18, l. 54 – col. 19,
21 l. 7
An example of screen display shown
22 to the advertiser in step 810 is
shown in FIG. 9 and will be
23 discussed below. To change bids,
the advertiser user may specify new
24 bids for search terms for which the
advertiser already has an existing
25 bid by entering a new bid amount
into the new bid input field for the
26 search term. The advertiser-entered
bid changes are displayed to the
27 advertiser at step 820 of FIG. 8 as
discussed above. To update the bids
28 for the display page, the advertiser
requests, at step 830 of FIG. 8, to
STATEMENT
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requests, at step 830 of FIG. 8, to

1 update the result of changes. The
advertiser may transmit such a
2 request to the account management
server by a variety of means,
3 including clicking on a button
graphic.
4 As shown in step 840 of FIG. 8,
upon receiving the request to update
5 the advertiser's bids, the system
calculates the new current bid
6 amounts for every search listing
displayed, the rank values, and the
7 bid amount needed to become the
highest ranked search listing
8 matching the search term field.
Preferably, the system then presents
9 a display of changes at step 850.
After the user confirms the changes,
10 the system updates the persistent
state by writing the changes to the
11 account in the database.
12 ’361 Patent – col. 19, ll. 47-58
After the advertiser requests that the
13 ranks be updated, the system then
calculates a new bid price by any of
14 a variety of algorithms easily
available to one skilled in the art.
19 example. After the system calculates
20 read-only confirmation display to
the advertiser, the system updates
21 the bid prices and rank values upon
22 advertiser.
23 ’361 Patent – col. 19, l. 67 – col. 20,
l. 5
24 After the advertiser enters the
desired changes, the advertiser may
25 transmit a request to the system to
update the changes. The system then
26 displays a read-only confirmation
screen, and then writes the changes
27 to the persistent state (e.g., the user
account database) after the
28 advertiser approves the changes.
STATEMENT
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1 ’361 Patent – col. 20, ll. 22-26

After the advertiser selects all the
2 search listings to be deleted and
requests that the system update the
3 changes, the system preferably
presents a read-only confirmation of
4 the requested changes, and updates
the advertiser's account only after
5 the advertiser approves the changes.
6
7 Col. 7, ll. 6-15
8
EXTRINSIC EVIDENCE:
9
14 rebuttal.
15
//
16
//
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
STATEMENT
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1
2
database a collection of related data, a computer based system for
3 organized in such a way that its recording and maintaining
Found in claims: contents can be accessed, managed, information
4 1, 2, 4, 5, 7, 8, 9, and updated by a computer 2
10, 11, 12, 13, 14,
5 15, 16, 17, 18, 20,
21, 22, 23, 24, 25, DICTIONARY/TREATISE INTRINSIC EVIDENCE:
6 26, 27, 28, 29, 30, DEFINITIONS:
33, 34, 35, 36, 37, ’361 Patent Specification
7 38, 39, 40, 41, 42, Database
43, 44, 45, 46, 47, a comprehensive collection of fig. 4; col. 1, ll. 45-51; col. 3, ll. 3-6;
8 48, 49, 50, 51, 52, related data organized for col. 5, ll. 46-48; col. 6, ll. 16-18, 48-
53, 54, 55, 56, 57, convenient access, generally in a 50; col. col. 8, ll. 30-36; col. 9, ll. 9-
9 58, 59, 60, 61, 62, computer (The Random House 12, 30-34, 60-66; col. 10, ll. 32-33;
63, 64, 65, 66, 67 Dictionary of the English Language, col. 11, ll. 8-10, 15-20, 30-33, 36-
10 Second Edition, 1987) 42, 53-58, 61-63; col. 14, ll. 16-18,
36-39, 57-59; col. 15, ll. 1-7, 40-42;
11 a usually large collection of data col. 16, ll. 9-11; col. 17, ll. 5-8, 45-
organized especially for rapid search 48, 50-52, 66; col. 18, ll. 1-3, 30-32;
12 and retrieval (as by a computer) col. 19, ll. 5-7, 50-52; col. 20, ll. 2-
(Merriam Webster’s Collegiate 5, 43-45, 54-57; col. 22, ll. 22-33.
13 Dictionary, Tenth Edition, 1995)
14 a structured set of data held in a DICTIONARY/TREATISE
computer, especially one that is DEFINITIONS:
15 accessible in various ways (The
New Oxford Dictionary of English C.J. Date, An Introduction to
16 1998) Database Systems, 3rd ed. (GOG
32264-69) at 3-6.
17 A database is a collection of related
data. By data, we mean known facts Chambers Science and Technology
18 that can be recorded and that have Dictionary
implicit meaning. (Fundamentals of
19 Database Systems, by Elmasri and The American Heritage Dictionary
Navathe, Benjamin/Cummings, of the English Language, 4th ed.
20 1989)
Merriam-Webster Unabridged
21 a collection of data arranged for ease (online) (GOG 32257-63)
of retrieval (The American Heritage
22 College Dictionary, Fourth Edition, Elmasri & Navathe, Fundamentals
2002) of Database Systems, at 3-4, 65-76.
23
a collection of data organized The Random House Dictionary of
24 especially for rapid search and the English Language, 2nd ed.,
Unabridged
25
2
26 For purposes of interpreting claims 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 33,
34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, and 51, Overture contends that
27 the term “account database” should be interpreted as “a collection of related data, organized in
such a way that its contents can be accessed, managed, and updated by a computer, where the
28 data relates to a customer or client.”

STATEMENT
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Unabridged
1
retrieval (as by a computer) Webster’s New World College
2 (Merriam Webster’s Unabridged Dictionary, 3rd ed.
Dictionary)
Dictionary, 10th ed.
5 ’361 Patent – col. 6, ll. 16-26 English
One embodiment of the system and
6 method of the present invention
provides a database having EXTRINSIC EVIDENCE:
7 accounts for the web site promoters.
Each account includes contact and Colorstamps, Inc. PCT Patent App.
8 billing information for a web site (GOG 32061-121) at 20:5-10.
promoter. In addition, each account
9 includes at least one search listing,
each search listing having five
10 components: a description of the
web site to be listed, the Uniform
11 Resource Locator (URL) of the web
site, a search term comprising one or
12 more keywords, a bid amount, and a
title for the search listing. Each
13 account may also include the
promoter's payment history and a
14 history of search listings entered by
the user.
15
’361 Patent – col. 9, ll. 9-12
present invention, search engine web
17 server 24 includes a search database
40 comprised of search listing
18 records used to generate search
results in response to user queries.
19
’361 Patent – col. 11, ll. 16-24
20 The advertiser login event 278 may
also be recorded in step 280 in an
21 audit trail data structure as part of
the advertiser's account record in the
22 database. The audit trail is
preferably implemented as a series
23 of entries in database 38, where
each entry corresponds to an event
24 wherein the advertiser's account
record is accessed. Preferably, the
25 audit trail information for an account
record may be viewed by the
26 account owner and other appropriate
administrators.
27
’361 Patent – col. 15, ll. 1-7
28 The default values displayed to the
advertiser are obtained from a
STATEMENT
- 52 -
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advertiser are obtained from a

1 persistent state, e.g., stored in the
account database. In an
2 embodiment of the present
invention, the stored billing
3 information values may comprise
the values set by the advertiser the
4 last (e.g. most recent) time the
process of adding money was
5 invoked and completed for the
advertiser's account.
6
’361 Patent – col. 19, l. 61 – col. 20,
7 l. 5
When the advertiser selects the
8 "Modify Listing Component"
option, the advertiser may input
9 changes to the URL, title, or
description of a search listing via
10 web-based forms set up for each
search listing. Similar to the process
11 discussed above, the forms for the
URL, title, and description fields
12 may initially contain the old URL,
title and description as default
13 values. After the advertiser enters
the desired changes, the advertiser
14 may transmit a request to the system
to update the changes. The system
15 then displays a read-only
confirmation screen, and then writes
16 the changes to the persistent state
(e.g., the user account database)
17 after the advertiser approves the
changes.
18
’361 Patent – col. 20, ll. 32-44
19 In the "Add Bidded Search Term"
option, the system provides the
20 advertiser with a display having a
number of entry fields
21 corresponding to the elements of a
search listing. The advertiser then
22 enters into each field information
corresponding to the respective
23 search listing element, including the
search term, the web site URL, the
24 web site title, the web site
description, and the bid amount, as
25 well as any other relevant
information. After the advertiser has
26 completed entering the data and has
indicated thus to the system, the
27 system returns a read-only
confirmation screen to the
28 advertiser. The system then creates a
new search listing instance and
STATEMENT
- 53 -
C 02-01991 JSW
new search listing instance and

1 writes it into the account database
and the search database upon
2
3 advertiser.
Figure 3
5 Figure 4
Col. 1, ll. 44-51
6 Col. 7, ll. 6-15
Col. 8, ll. 34-36
7
rebuttal.
14
15 //
16 //
17 //
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
STATEMENT
- 54 -
C 02-01991 JSW
1
PROPOS ED CONSTRUCTION: PROPOSED CONSTRUCTION:
2
deducted from an taken away from a record of subtracted from a prepaid account
3 account financial transactions
4 Found in claims:
1, 2, 4, 5, 7, 8, 9, DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
5 10
Deduct ’361 Patent Specification
6 to take away, as from a sum or
amount (The Random House fig. 2; fig. 6; col. 6, ll. 8-15, 43-44,
7 Dictionary of the English Language, 53-55; col. 9, ll. 45-66; col. 10, ll.
Second Edition, 1987) 36-58; col. 13, ll. 4-9, 43-67; col. 14,
8 ll. 1-8, 21-67; col. 15, ll. 36-40, 43-
to take away an amount from a total 67; col. 16, ll. 1-67; col. 17, ll. 1-8;
9 (Merriam Webster’s Collegiate col. 22, ll. 19-21.
Dictionary, Tenth Edition, 1995)
10
to take away or subtract (a quantity) DICTIONARY DEFINITIONS:
11 (Webster’s New World College
Dictionary, Third Edition, 1997) The Random House Dictionary of
12 the English Language, 2nd ed.,
subtract or take away (an amount or Unabridged
13 part) from a total (The New Oxford
Dictionary of English 1998) Webster’s New World College
14 Dictionary, 3rd ed.
to take away (a quantity) from
15 another; subtract (The American Merriam Webster’s Collegiate
Heritage College Dictionary, Fourth Dictionary, 10th ed.
16 Edition, 2002)
17 to take (an amount) away from a English
total : take off: remove (Merriam
19 Account
any customer or client, especially
20 one carried on a regular credit basis
(The Random House Dictionary of
21 the English Language, Second
Edition, 1987)
22
a record of debit and credit entries to
23 cover transactions involving a
particular item or a particular person
24 or concern (Merriam Webster’s
Collegiate Dictionary, Tenth
25 Edition, 1995)
26 a record of the financial data
pertaining to a specific asset,
27 liability, income item, expense item,
or net-worth item; a record of the
28 financial transactions relating to a
specific person, property, business,
STATEMENT
- 55 -
C 02-01991 JSW
specific person, property, business,

1 etc.; charge account; a business or
firm that is a customer or client, esp.
2 on a regular credit basis (Webster’s
New World College Dictionary,
3 Third Edition, 1997)
4 a record or statement of financial
expenditure and receipts relating to a
5 particular period or purpose (The
New Oxford Dictionary of English
6 1998)
7 a formal baking, brokerage, or
business relationship established to
8 provide for financial transactions; a
precise list or enumeration of
9 financial transactions; money
deposited for checking, savings, or
10 brokerage use; a customer having a
business or credit relationship with a
11 firm (The American Heritage
College Dictionary, Fourth Edition,
12 2002)
13 a record of debit and credit entries
chronologically posted to a ledger
14 page from books of original entry to
cover transactions involving a
15 particular item (as cash or notes
receivable) or a particular person or
16 concern (Merriam Webster’s
Unabridged Dictionary)
17
19 ’361 Patent – col. 13, ll. 3-9
The bid amount 358 preferably is a
20 money amount bid by an advertiser
for a listing. This money amount is
21 deducted from the advertiser's
prepaid account or is recorded for
22 advertiser accounts that are invoiced
for each time a search is executed by
23 a user on the corresponding search
term and the search result list
24 hyperlink is used to refer the
searcher to the advertiser's web site.
25
’361 Patent – col. 14, ll. 21-33
26 Referring back to FIG. 2, a selection
also appears in menu 120 that
27 permits an advertiser to add money
to the advertiser's account, so that
28 the advertiser will have funds in
their account to pay for referrals to
STATEMENT
- 56 -
C 02-01991 JSW
their account to pay for referrals to

1 the advertiser's site through the
search results page. Preferably, only
2 advertisers with funds in their
advertiser's accounts may have their
3 paid listings included in any search
result lists generated. Most
4 preferably, advertisers meeting
selected business criteria may elect,
5 in place of maintaining a positive
account balance at all times, incur
6 account charges regardless of
account balance and pay an invoiced
7 amount at regular intervals which
reflects the charges incurred by
8 actual referrals to the advertiser's
site generated by the search engine.
9
’361 Patent – col. 6, ll. 8-15
10 Preferably, the quantity used in the
competitive bidding process is a
11 money amount that the web site
promoter will pay to an owner of the
12 Internet search engine each time the
advertiser's web site is referred by
13 the search engine. Most preferably,
this money amount will be deducted
14 from an account balance that is
retained in the promoter's account
15 for each time the promoter's web site
is referred by the search engine.
16
’361 Patent – col. 9, ll. 45-49
present invention, the amount bid by
18 an advertiser comprises a money
amount that is deducted from the
19 account of the adve rtiser for each
time the advertiser's web site is
20 accessed via a hyperlink on the
search result list page.
21
Additional Citations to’361 Patent
22 Col. 7, ll. 6-15
Col. 16, ll. 23-34
23 Col. 22, ll. 19-21
24
EXTRINSIC EVIDENCE:
25
STATEMENT
- 57 -
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2 rebuttal.
3
//
4
//
5
//
6
//
7
//
8
//
9
//
10
//
11
//
12
//
13
//
14
//
15
//
16
//
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27 //
28
STATEMENT
- 58 -
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1 PROPOSED CONSTRUCTION: PROPOSED CONSTRUCTION:

2 from a/the originated by the user who is input by the individual using the
searcher seeking information search engine to perform a search
3
Found in claims:
4 1, 2, 4, 5, 7, 8, 9, DICTIONARY DEFINITIONS: INTRINSIC EVIDENCE:
10, 11, 12, 13, 15,
5 16, 17, 18, 20, 21, From ’361 Patent Specification
22, 23, 24, 25, 26, (used to specify a starting point in
6 27, 28, 29, 48, 52, spatial movement); (used to indicate Abstract, ll. 27-32; fig. 7; col. 1, ll.
53, 54, 55, 56, 57, source or origin) (The Random 64-67; col. 2, ll. 1, 24-46, 64-67; col.
7 58, 59, 60, 61, 62, House Dictionary of the English 3, ll. 6-15, 30-41, 54-62; col. 4, ll. 3-
63, 64, 65, 66, 67 Language, Second Edition, 1987) 6, 34-39, 60-64; col. 5, ll. 22-37; 48-
8 50; col. 6, ll. 1-5; col. 9, 8-12; col.
used as a function word to indicate 10, ll. 7-24; col. 13, ll. 3-20; col. 17,
9 the source, cause, agent, or basis ll. 19-34, 53-67; col. 18, ll. 1-3, 34-
(Merriam Webster’s Collegiate 36
10 Dictionary, Tenth Edition, 1995)
Patent Applications Claiming
11 a particle used with verbs or other Priority to the ’361 Patent
words to indicate a point of Application
12 departure for motion, duration,
distance, action, etc.; beginning at Soulanille U.S. Patent App. (GOG
13 [to leave from the station]; starting 32122-51) at ¶ 45.
with (the first of two named limits)
14 [from noon to midnight]; out of;
derived or coming out of [to take a DICTIONARY DEFINITIONS:
15 comb from the pocket] (Webster’s
New World College Dictionary, The Random House Dictionary of
16 Third Edition, 1997) the English Language, 2nd ed.,
Unabridged
17 indicating the source or provenance
of someone or something (The New Webster’s New World College
18 Oxford Dictionary of English 1998) Dictionary, 3rd ed.
19 used to indicate a source, cause, Merriam Webster’s Collegiate
agent, or instrument (The American Dictionary, 10th ed.
20 Heritage College Dictionary, Fourth
Edition, 2002) The New Oxford Dictionary of
21 English
used as a function word to indicate
22 the source or origin or moving force
of something (Merriam Webster’s EXTRINSIC EVIDENCE:
www.jsonline.com at GOG 1659-61.
24 Searcher
one that searches (Merriam Documents produced by Overture:
25 Webster’s Unabridged Dictionary) OVGE 52678, 52950, 53035, 53130,
53484, 53521, 53563, 53580, 53640,
26 Search 55954, 59309.
to examine (one or more files, as
27 databases or texts) electronically, to
locate specific items (The Random
STATEMENT
- 59 -
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1
to examine data in a computer in
2 order to locate items having a given
property (Webster’s New World
3 College Dictionary, Third Edition,
1997)
4
try to find something by looking or
5 otherwise seeking carefully and
thoroughly; an act of searching for
6 someone or something (The New
Oxford Dictionary of English 1998)
7
to make a thorough examination of;
8 look over carefully in order to find
9 Heritage College Dictionary, Fourth
Edition, 2002)
10
to look into or over carefully or
11 thoroughly in an effort to find
something (Merriam Webster’s
13
INTRINSIC EVIDENCE:
14
’361 Patent – col. 10, ll. 7-20
15 A second class of users at client
computers 12 may comprise
16 searchers seeking specific
information on the web. The
17 searchers may access, through their
browsers 16, a search engine web
18 page 36 residing on web server 24.
The search engine web page 36
19 includes a query box in which a
searcher may type a search term
20 comprising one or more keywords.
Alternatively, the searcher may
21 query the search engine web server
24 through a query box hyperlinked
22 to the search engine web server 24
and located on a web page stored at
23 a remote web server. When the
searcher has finished entering the
24 search term, the searcher may
transmit the query to the search
25 engine web server 24 by clicking on
a provided hyperlink. The search
26 engine web server 24 will then
generate a search result list page and
27 transmit this page to the searcher at
the client computer 12.
28
STATEMENT
- 60 -
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1 The rank value generated by the
bidding process determines where
2 the network information providers
listing will appear on the search
3 results list page that is generated in
response to a query of the search
4 term by a searcher located at a client
computer on the computer network.
5
’361 Patent – col. 12, ll. 51-55
6 Ideally, the advertiser may select a
search term that is targeted to terms
7 likely to be entered by searchers
seeking the information on the
8 advertiser's web site, although less
common search terms may also be
9 selected to ensure comprehensive
coverage of relevant search terms
10 for bidding.
11 ’361 Patent – col. 17, ll. 19-26
When a remote searcher accesses the
12 search query page on the search
engine web server 24 and executes a
13 search request according to the
procedure described previously, the
14 search engine web server 24
preferably generates and displays a
15 search result list where the
"canonicalized" entry in search term
16 field of each search listing in the
search result list exactly matches the
17 canonicalized search term query
entered by the remote searcher.
18
19 Col. 5, ll. 27-30
Col. 5, ll. 35-37
20 Col. 6, ll. 1-5
Col. 7, ll. 6-15
21 Col. 9, ll. 49-60
rebuttal.
28
STATEMENT
- 61 -
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2 Dated:February 13, 2004 By: /s/ S. Elizabeth Mitchell

S. Elizabeth Mitchell
3 HELLER EHRMAN WHITE & MCAULIFFE
LLP
4 333 Bush Street
San Francisco, CA 94104-2878
5 Telephone: (415) 772-6000
6 Facsimile: (415) 772-6268
7 Attorneys for Plaintiff

OVERTURE SERVICES, INC.
8
10 Dated: February 13, 2004 By: /s/ Christine P. Sun

Christine P. Sun
11
KEKER & VAN NEST, LLP
12 710 Sansome Street
San Francisco, California 94111
13 Telephone: (415) 391-5400
Facsimile: (415) 397-7188
14
15 Attorneys for Defendant

GOOGLE TECHNOLOGY INC., sued under
16 its former name GOOGLE INC.
17
18 DECLARATION OF S. ELIZABETH MITCHELL

19 I, S. Elizabeth Mitchell, declare that prior to filing the above Joint Claim Construction
20 Statement, I sent it to Christine P. Sun for her review, and she authorized me to file the Amended
21 Joint Claim Construction Statement on her behalf.
22 I declare under penalty of perjury under the laws of the United States of America that the
23 foregoing is true and correct. Executed on this 13th day of February 2004 at San Francisco,
24 California.
25
26 /s/ S. Elizabeth Mitchell

27 S. Elizabeth Mitchell
28
STATEMENT
- 62 -
C 02-01991 JSW

Overture Services, Inc. v. Google Inc. - Document No. 128

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ROBERT T. HASLAM (Bar No. 71134)

11 Attorneys for Plaintiff

17 Attorneys for Defendant

19 UNITED STATES DISTRICT COURT

20 NORTHERN DISTRICT OF CALIFORNIA

21 SAN FRANCISCO DIVISION

22 OVERTURE SERVICES, INC., a Delaware No. C 02-01991 JSW

1 Claim Language Plaintiff’s Proposed Construction Defendant’s Proposed Construction

common words in English (or any

first selecting a search term relevant

time. The display should also

the processes discussed above.

1 Additional Citations to ’361 Patent

1 PROPOSED CONSTRUCTION: PROPOSED CONSTRUCTION:

anything that comes about as a Documents produced by Overture:

position where the promoter's web

AMENDED JOINT CLAIM CONSTRUCTION

an offer of a price, especially at an Allowability at 2-3.

listing through a continuous online www.tundrawolfpromotions.com at

any of a variety of algorithms easily

of the advertiser-entered changes,

preferably a money amount, for a

an advertiser's position on a search

description within the search results

influence a position for a search

executed on the corresponding

value. Unpaid listings 710g and

advertiser on a read-only screen.

when the number of clicks on a

1 Using DICTIONARY DEFINITIONS:

first selecting a search term relevant

listing. Preferably, the promoter's

listings having the same search term

engine. When an Internet user enters

on the advertiser's hyperlinked

provider will result in a higher rank

provided a system and method for

the advertiser's entry in the search

the new bid price and presents a

"expiration" of account funds.

the network information providers

1 (2) Providing Login Access In

19 (3) Updating A Search Listing In

requests, at step 830 of FIG. 8, to

1 ’361 Patent – col. 20, ll. 22-26

AMENDED JOINT CLAIM CONSTRUCTION

advertiser are obtained from a

new search listing instance and

specific person, property, business,

their account to pay for referrals to

offered by Google, Overture

1 PROPOSED CONSTRUCTION: PROPOSED CONSTRUCTION:

Language, Second Edition, 1987)

’361 Patent – Abstract, ll. 27-32

2 Dated:February 13, 2004 By: /s/ S. Elizabeth Mitchell

7 Attorneys for Plaintiff

10 Dated: February 13, 2004 By: /s/ Christine P. Sun

15 Attorneys for Defendant

18 DECLARATION OF S. ELIZABETH MITCHELL