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

874 F. Supp. 2d 510, 2012 U.S. Dist. LEXIS 84250, 2012 WL 2308723
CourtDistrict Court, E.D. Virginia
DecidedJune 15, 2012
DocketCivil Action No. 2:11cv512
StatusPublished
Cited by4 cases

This text of 874 F. Supp. 2d 510 (I/P Engine, Inc. v. AOL, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
I/P Engine, Inc. v. AOL, Inc., 874 F. Supp. 2d 510, 2012 U.S. Dist. LEXIS 84250, 2012 WL 2308723 (E.D. Va. 2012).

Opinion

MEMORANDUM OPINION & ORDER

RAYMOND A. JACKSON, District Judge.

This matter stems from Plaintiff I/P Engine, Inc.’s (“I/P Engine”) claims against Defendants AOL, Inc. (“AOL”), Google, Inc. (“Google”), IAC Search & Media, Inc. (“IAC”), Gannett Company, Inc. (“Gannett”), and Target Corporation (“Target”), (collectively, “Defendants”) alleging that Defendants have infringed two patents, in violation of 35 U.S.C. § 271(a)-(c), by making, using, providing, offering to sell, and/or selling within the United States products, services, methods, and systems including, without limitation, their search advertising systems, that are covered by one or more claims of I/P Engine’s patents, and Defendants’ counterclaims against I/P Engine for declaratory judgment regarding non-infringement and invalidity on both patents at issue.

Presently before the Court is the claim construction of several terms found in U.S. Patent Nos. 6,314,420 (“the '420 patent”) and 6,775,664 (“the '664 patent”), which I/P Engine holds. The Court conducted a hearing on June 4, 2012 to construe the following terms: (1) “collaborative feedback data ”; (2) “[feedback system for] receiving information found to be relevant to the query by other users ”; (3) “scan[ning] a network ”; (4) “a scanning system ”; (5) “demand search”; and (6) “Order of Steps”.1

[514]*514I. BACKGROUND & PROCEDURAL HISTORY

This case involves relevance filtering-technology used in the search engine industry. In the mid-to-late 1990s, the amount of content (e.g., web pages) available on the Internet was relatively small compared to today. Users would frequently access Internet web pages by visiting portal sites, which presented content categorized directories through which the users could select links to available pages. The leading portal sites of the time (i.e., AOL, Lycos, etc.) used manually maintained content catalogs.

As the Internet grew, manual logs presented both accuracy problems, as well as difficulty in maintaining substantially larger amounts of information. After working together on several products, Messrs. Lang and Kosak,2 developed technology that, generally speaking, would provide more accurate search results to users by combining content-based data and collaborative feedback data from other users to satisfy a particular user’s query or search request.

On September 15, 2011, I/P Engine filed a Complaint in the United States District Court for the Eastern District of Virginia, alleging that the Defendants use I/P Engine’s technology on various sites to provide advertising and search services. On December 5, 2011, Defendants filed then-first Amended Answers, Defenses, and Counterclaims against I/P Engine, seeking declaratory judgments of non-infringement and invalidity of the '420 and '664 patents.

The '420 patent was issued to Lycos, Inc. on November 6, 2001. It is entitled “Collaborative/Adaptive Search Engine” and describes a search engine system that employs a collaborative/content-based filter to make continuing searches for information entities that match existing wire queries that are ranked and stored over time as well as “one-shot” or demand searches for information. The '420 patent includes thirty-six (36) claims, but I/P Engine only asserts infringement of Claims 10, 14, 15, 25, 27, and 28. The parties dispute terms in Claims 10 and 25. Both Claims 10 and 25 are independent claims. Claims 14 and 15 depend upon Claim 10. Claims 27 and 28 depend upon Claim 25. Claim 10 provides as follows:

A search engine system comprising: a system for scanning a network to make a demand search for informons relevant to a query from an individual user;
a content based-filter system for receiving the informons from the scanning system and for filtering the informons on the basis of applicable content profile data for relevance to the query; and a feedback system for receiving collaborative feedback data from system users relative to informons considered by such users;
the filter system combining pertaining feedback data from the feedback system with the content profile data in filtering each informon for relevance to the query.

Claim 25 provides as follows:

A method for operating a search engine system comprising:

scanning a network to make a demand search for informons relevant to a query from an individual user; receiving the informons in a content-based filter system from the scanning system and filtering the informons on [515]*515the basis of applicable content profile data for relevance to the query; receiving collaborative feedback data from system users relative to informons considered by such users; and combining pertaining feedback data with the content profile data in filtering each informon for relevance to the query.

The '664 patent was issued to Lycos, Inc. on August 10, 2004. The '664 patent is essentially a continuation of the '420 patent and is entitled “Information Filter System and Method for Integrated Contenh-Based and Collaborative/Adaptive Feedback Queries.” The abstract for the '664 patent describes it in identical terms to the '420 patent. The '664 patent has thirty-eight (38) claims, but I/P Engine only asserts infringement of Claims 1, 5, 6, 21, 22, 26, 28, and 38. The disputed terms can be found in Claims 1 and 26. Claims 1 and 26, the only independent claims asserted, are representative.

Claim 1 provides as follows:

A search system comprising:
a scanning system for searching for information relevant to a query associated with a first user in a plurality of users;
a feedback system for receiving information found to be relevant to the query by other users; and
a content-based filter system for combining the information from the feedback system with the information from the scanning system and for filtering the combined information for relevance to at least one of the query and the first user.

Claim 26 provides as follows:

A method for obtaining information relevant to a first user comprising:

searching for information relevant to a query associated with a first user in a plurality of users;
receiving information found to be relevant to a query by other users;
combining the information found to be relevant to the query by other users with the searched information; and content-based filtering the combined information for relevance to at least one of the query and the first user.

II. LEGAL STANDARD

Claim construction is “a question of law, to be determined by the court.” Markman v. Westview Instruments, Inc., 517 U.S. 370, 384, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). In construing claims, the Court must look first to the intrinsic evidence in the record (i.e., the claims, the specification, and the prosecution history). Markman v.

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874 F. Supp. 2d 510, 2012 U.S. Dist. LEXIS 84250, 2012 WL 2308723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ip-engine-inc-v-aol-inc-vaed-2012.