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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 1 of 35 PagelD #: 195
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`EXHIBIT 2
`EXHIBIT 2
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`

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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 2 of 35 PageID #: 196
`
`Media property selection patents: USP 8,959,146 (issued February 17, 2015), USP
`8,671,139 (issued March 11, 2014), and USP 9,508,089 (issued November 29, 2016), all
`having an effective filing date of June 14, 2007, and priority dates to two US provisional
`applications, filed June 16 and 19, 2006, and all owned by AlmondNet, Inc.
`
`Asserted claims: ‘146 Patent independent claims 1, 17, and 21 and dependent claims 2,
`4, 9, 15, 16, 18, and 22. Also, ‘139 Patent independent claim 1 and dependent claims 2, 4,
`7, 9, 12, and 13. Also, ‘089 Patent independent claims 1, 10, and 16 and all dependent
`claims.
`
`Complaint allegations (¶23): Yahoo, through the Brightroll demand side platform
`(DSP), infringes the above-listed claims of the MPS patents by automatically sending a
`bid, thus authorizing an entity (such as an ad exchange or SSP) controlling ad space on
`a non-Yahoo property (which property is typically a website on which the ad space is
`controlled only temporarily, but which also may be other than an Internet site) to cause
`display of a targeted or retargeted advertisement when an end-user computer (e.g.,
`laptop, tablet, smart phones, or desktop) appears on the non-Yahoo property after
`having appeared on a first site. The Brightroll DSP performs this technique for its
`advertiser clients as to first sites that are (i) the advertiser’s own websites, where the
`advertiser desires to retarget ads to its website visitors on other websites, (ii) Yahoo-
`owned or -operated websites, or non-Yahoo websites, that contributed attribute data
`(directly or via a data aggregator such as BlueKai) that Brightroll use to do ad targeting
`for the advertiser, and (iii) sites of publishers desiring to implement audience extension
`to deliver advertiser ads on properties other than the publisher’s properties. Brightroll
`causes such display of an advertisement based on profile attributes, which may reflect
`what a user did on the first site, one example of which is a search requested by the user,
`or demographic information disclosed by the user on the first site. In many instances,
`the attributes are categorized into “segments,” and on information and belief, Brightroll
`includes such segments in look-up data structures that associate each segment with
`properties on which ads might be targeted to such segment. The price that the
`advertiser hiring Brightroll is willing to pay, and in turn the price that the Brightroll
`DSP bids, depends on which profile attributes match the specific end user. The
`Brightroll DSP thereby instructs the ad exchange or SSP to display the ad only if it can
`do so for less than the bid price. The auction practices of ad-space-controlling entities
`used by Brightroll ensure that the price paid for display of such an ad will be less than
`the revenue from an advertiser. Yahoo uses computer servers and computer systems to
`implement the above methods.
`
`Page 1 YAHOO INFRINGEMENT OF ALMONDNET MPS PATENTS April 6, 2017
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`

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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 3 of 35 PageID #: 197
`
`Letter allegations (10/19/2016): AlmondNet’s Complaint (¶23) refers to Brightroll DSP,
`as indicated in your letter. Yes, that is the only currently accused product.
`
`Identification of infringing product or process in EDNY Rule 6 Disclosure
`(10/28/2016): Brightroll Demand Side Platform.
`
`Element-by-element allegations, with select evidence (public information only):
`
`MPS claims asserted vs Yahoo
`
`‘146/1. A method of directing electronic
`advertisements, performed by a computer
`system comprised of one or more computers,
`the method comprising:
`
`for each of a multitude of different electronic
`visitors to a first media property:
`
`Yahoo activity: Brightroll Demand
`Side Platform
`Brightroll’s “demand side platform”
`(DSP) is a platform implemented by a
`computer
`system. http://www.brightroll.com/dem
`and-side-platform.
`The Brightroll DSP platform performs
`the technique for its customers
`(advertisers or their representatives)
`who wish to advertise on websites that
`are not Yahoo owned/operated
`properties. https://admarketing.yahoo.n
`et/rs/118-OEW-181/images/control-and-
`transparency-in-your-video-DSP.pdf
`(2015 “e-book” revealing that the
`Brightroll does business with all of the
`top 15 ad agencies, 87 of the “Ad Age
`100,” and 18 of the top 20 ad networks).
`The Brightroll DSP platform performs
`the patented technique to arrange for
`delivery of ads to visitors to a first
`media property, which is typically a
`website. The website will be called
`“MP1” hereafter. The MP1 website may
`be, e.g.: (1) an advertiser’s own website;
`(2) a publisher website on which a
`Brightroll advertiser customer has an
`arrangement to deliver its ads; (3) a
`Yahoo-owned and -operated website; or
`(4) any website that contributed
`attribute data that the advertiser thinks
`might make the visitor a suitable
`candidate. See Brightroll’s DSP eBook
`
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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 4 of 35 PageID #: 198
`
`MPS claims asserted vs Yahoo
`
`(a) automatically with the computer system
`directing, to a third-party server computer
`controlling advertising space on a second
`media property, indicia of a condition, which
`condition relates specifically to an electronic
`visitor, for display of an advertisement to the
`electronic visitor when the electronic visitor
`visits the second media property at a time
`after the electronic visitor visits the first
`media property, subject to determining that
`the condition has been met;
`
`Yahoo activity: Brightroll Demand
`Side Platform
`entitled “Demystifying data” (2016)
`(advertisers can use Brightroll DSP with
`their own data, with data from 60 third-
`party data providers, or with Yahoo-
`gathered data).
`The Brightroll DSP platform interfaces
`with a variety of “third-party servers
`controlling ad space on a second media
`property,” including websites or
`companies that control ad space on a
`website, such as ad exchanges or
`“supply side platforms.” The third-
`party server will be called “MP2”
`hereafter. https://admarketing.yahoo.net
`/rs/118-OEW-181/images/control-and-
`transparency-in-your-video-DSP.pdf
`(2015 “e-book” revealing that the
`Brightroll’s DSP can reach 41 of the top
`50 publishers, 15,000 websites and 6,000
`mobile web and apps, either directly or
`via SSPs and Exchanges).
`The Brightroll DSP platform
`automatically directs to the MP2 indicia
`of a condition, which may be a price
`cap, for display of an ad to the visitor
`when accessing the space controlled by
`MP2 later (such as visiting a second
`website after visiting MP1). The
`Brightroll DSP uses real-time bidding to
`price the ad placements, which
`establishes the condition for display of
`the ad, when the condition is a price.
`See,
`e.g., https://brightroll.com/blog/how-
`switching-programmatic-
`easy; http://www.themediatrader.com/t
`he-media-traders-blog/2015/10/8/the-
`basics-of-real-time-bidding.
`
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`
`MPS claims asserted vs Yahoo
`
`(b) wherein directing the indicia is based on
`information indicating to the computer
`system that at least one of a plurality of
`profile attributes is possibly applicable to the
`electronic visitor, which indicated profile
`attribute or attributes was received by the
`computer system as a result of the electronic
`visitor visiting the first media property; and
`
`Yahoo activity: Brightroll Demand
`Side Platform
`The condition is specific to each
`individual visitor. See,
`e.g., http://files.meetup.com/1563972/SF
`AdPub_IntroToRTB.111412.pdf; http://
`www.streamingmedia.com/Articles/Ne
`ws/Online-Video-News/BrightRoll-
`Debuts-Real-time-Bidding-on-
`BrightRoll-Exchange-
`77962.aspx?CategoryID=427
`The Brightroll DSP platform receives
`information about visitors to MP1. As a
`result of the visitor visiting the MP1, the
`Brightroll DSP platform learns
`information about the visitor, i.e., that
`the visitor might have certain “profile
`attributes.” See,
`e.g., https://policies.yahoo.com/us/en/ya
`hoo/privacy/topics/adserving/index.htm
`(Yahoo collects information such as
`searches you conduct, types of content
`accessed, and ads clicked on various
`pages); https://policies.yahoo.com/us/en
`/yahoo/privacy/topics/cookies/index.ht
`m (Yahoo collects information about
`visitors’ web surfing activity when
`visiting Yahoo or non-Yahoo web sites).
`Such profile attributes are used to direct
`the indicia of the condition (the price
`cap in the example given). See, e.g.,
`https://admarketing.yahoo.net/rs/118-
`OEW-181/images/control-and-
`transparency-in-your-video-DSP.pdf
`(BrightRoll DSP bids on ad space, based
`on the visitor’s profile data).
`
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`

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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 6 of 35 PageID #: 200
`
`MPS claims asserted vs Yahoo
`
`(c) wherein the advertisement is correlated
`with the indicated profile attribute or
`attributes.
`
`‘146/2. The method of claim 1 wherein the
`condition for display of the advertisement is
`that a price charged by the second media
`property is less than a profile-attribute-
`dependent price that an advertiser is willing
`to pay for display of the advertisement.
`‘146/4. The method of claim 1 further
`comprising building a look-up data structure
`associating at least one selected of a plurality
`of possible profile attributes with at least one
`selected of a plurality of second media
`properties, and wherein the method
`comprises sending the condition to the server
`computers controlling advertising space on
`those selected second media properties using
`the lookup data structure associated with the
`profile-attribute information received about
`the electronic visitor.
`
`Yahoo activity: Brightroll Demand
`Side Platform
`The ad shown to the visitor on the MP2
`site will be correlated with the profile
`attributes learned on MP1. See,
`e.g., https://policies.yahoo.com/us/en/ya
`hoo/privacy/topics/webbeacons/index.h
`tm (Yahoo collects information through
`beacons about “your browsing
`activities” and uses the information “to
`provide you relevant
`advertising”); https://policies.yahoo.co
`m/us/en/yahoo/privacy/topics/cookies/i
`ndex.htm (Yahoo uses information
`connected with visitors’ Yahoo cookies
`and web beacons to deliver
`advertisements relevant to visitor
`interests).
`See claim 1, part (a), box 2. At least in
`some instances, the BrightRoll computer
`system bids a price less than the
`advertiser’s maximum price.
`
`The BrightRoll DSP computer system
`enables its advertisers to specify both
`desired profile attributes and specific
`MP2s. Upon information and belief,
`BrightRoll implements access to specific
`MP2s by use of a look-up data structure
`associating desired profile attributes
`with desired MP2s, and the Brightroll
`DSP computer system uses the data
`structure to send the condition to the
`MP2.
`
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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 7 of 35 PageID #: 201
`
`Yahoo activity: Brightroll Demand
`Side Platform
`Yahoo assembles Yahoo audience data,
`at least sometimes, by categorizing
`profile attributes into categories or
`segments.
`See, e.g., Brightroll’s DSP eBook entitled
`“Demystifying data” (2016) (referring to
`targeting people by “product category”
`or using Yahoo’s search retargeting
`segments“).
`The Brightroll DSP platform uses “TV
`audience segments,” for example, to bid
`on ad space in Internet websites. See
`Brightroll’s DSP eBook entitled
`“Demystifying data” (2016) (“Smart
`TV”).
`Ad exchanges and SSPs control ad space
`only temporarily.
`
`See claim 1, preamble, above.
`Brightroll’s DSP computer system
`contains a number of computer-servers,
`each of which is a tangible device, has a
`processor and a memory, and is
`programmed to implement the method.
`
`See claim 1, part (a), above.
`
`MPS claims asserted vs Yahoo
`
`‘146/9. The method of claim 1 further
`comprising categorizing the profile attribute
`within at least one of a plurality of
`predefined categories.
`
`‘146/15. The method of claim 1 wherein the
`server computer controls ad space that is in a
`different medium than the medium of the
`first media property.
`
`‘146/16. The method of claim 1 wherein the
`server computer controls the ad space only
`temporarily.
`‘146/17. A tangible computer-server device
`comprising a processor and a memory and
`programmed to implement a method of
`directing electronic advertisements, the
`method comprising: for each of a multitude
`of different electronic visitors to a first media
`property:
`(a) automatically with the device directing, to
`a third-party server computer controlling
`advertising space on a second media
`property, indicia of a condition, which
`condition relates specifically to an electronic
`visitor, for display of an advertisement to an
`electronic visitor when the electronic visitor
`visits the second media property at a time
`after the electronic visitor visits the first
`media property, subject to determining that
`the condition has been met;
`
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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 8 of 35 PageID #: 202
`
`Yahoo activity: Brightroll Demand
`Side Platform
`See claim 1, part (b), above.
`
`See claim 1, part (c), above.
`
`See claim 2, above.
`
`See claim 1, preamble, above.
`Brightroll’s DSP computer system is
`programmed to implement the method.
`
`See claim 1, part (a), above.
`
`MPS claims asserted vs Yahoo
`
`(b) wherein directing the indicia is based on
`information indicating to the computer
`server device that at least one of a plurality of
`profile attributes is possibly applicable to the
`electronic visitor, which indicated profile
`attribute or attributes was received by the
`device as a result of the electronic visitor
`visiting the first media property; and
`(c) wherein the advertisement is correlated
`with the indicated profile attribute or
`attributes.
`146/18 The device of claim 17 wherein the
`condition for display of the advertisement is
`that a price charged by the second media
`property is less than a profile-attribute-
`dependent price that an advertiser is willing
`to pay for display of the advertisement.
`‘146/21. A system comprising one or more
`computers programmed to implement a
`method of directing electronic
`advertisements, the method comprising: for
`each of a multitude of different electronic
`visitors to a first media property:
`(a) automatically directing, to a third-party
`server computer controlling advertising
`space on a second media property, indicia of
`a condition, which condition relates
`specifically to an electronic visitor, for
`display of an advertisement to an electronic
`visitor when the electronic visitor visits the
`second media property at a time after the
`electronic visitor visits the first media
`property, subject to determining that the
`condition has been met;
`
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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 9 of 35 PageID #: 203
`
`Yahoo activity: Brightroll Demand
`Side Platform
`See claim 1, part (b), above.
`
`See claim 1, part (c), above.
`
`See claim 2, above.
`
`See ‘146, claim 1, preamble, above.
`
`See ‘146, claim 1, part (a), above.
`
`MPS claims asserted vs Yahoo
`
`(b) wherein directing the indicia is based on
`information indicating to the system
`comprising one or more computers that at
`least one of a plurality of profile attributes is
`possibly applicable to the electronic visitor,
`which indicated profile attribute or attributes
`was received by the system comprising one
`or more computers as a result of the
`electronic visitor visiting the first media
`property; and
`(c) wherein the advertisement is correlated
`with the indicated profile attribute or
`attributes.
`‘146/22. The system of claim 21 wherein the
`condition for display of the advertisement is
`that a price charged by the second media
`property is less than a profile-attribute-
`dependent price that an advertiser is willing
`to pay for display of the advertisement.
`‘139/1. A method of directing electronic
`advertisements, performed by a computer
`system comprised of one or more computers,
`the method comprising: for each of a
`multitude of different electronic visitors to a
`first media property:
`(a) automatically with the computer system
`directing, to a third-party server computer
`controlling advertising space on a second
`media property, indicia of a condition for
`display of an advertisement, which condition
`relates specifically to an electronic visitor;
`and
`
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`

`

`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 10 of 35 PageID #: 204
`
`Yahoo activity: Brightroll Demand
`Side Platform
`See ‘146, claim 1, part (a), above. The
`real-time bid issued by the Brightroll
`DSP platform electronically authorizes
`the MP2 to display the ad to the visitor
`when it arrives on the MP2 later, if the
`price condition is met.
`
`See ‘146, claim 1, part (b), above.
`
`See ‘146, claim 1, part (c), above.
`
`See ‘146, claim 2, above.
`
`See ‘146, claim 4, above.
`
`MPS claims asserted vs Yahoo
`
`(b) automatically with the computer system
`electronically authorizing the server
`computer to automatically cause display of
`an advertisement, to the electronic visitor
`when the electronic visitor visits the second
`media property at a time after the electronic
`visitor visits the first media property, subject
`to determining that the condition has been
`met;
`(c) wherein the act of authorizing in part (b)
`is based on information indicating at least
`one of a plurality of profile attributes
`possibly applicable to the electronic visitor,
`which indicated profile attribute or attributes
`was received by the computer system as a
`result of the electronic visitor visiting the first
`media property; and
`(d) wherein the advertisement is correlated
`with the indicated profile attribute or
`attributes.
`‘139/2. The method of claim 1 wherein the
`condition for display of the advertisement is
`that a price charged by the second media
`property is less than a profile-attribute-
`dependent price that an advertiser is willing
`to pay for display of the advertisement.
`‘139/4. The method of claim 1 further
`comprising building a look-up data structure
`associating at least one selected of a plurality
`of possible profile attributes with at least one
`selected of a plurality of second media
`properties, and wherein the method
`comprises authorizing the server computers
`controlling advertising space on those
`selected second media properties on the
`lookup data structure associated with the
`profile-attribute information received about
`the electronic visitor.
`
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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 11 of 35 PageID #: 205
`
`MPS claims asserted vs Yahoo
`
`‘139/7. The method of claim 1 wherein
`authorizing comprises authorizing based on
`a search request by the electronic visitor to
`the first media property.
`‘139/9. The method of claim 1 wherein
`authorizing comprises authorizing based on
`information about a profile attribute of the
`electronic visitor and categorizing the profile
`attribute within at least one of a plurality of
`predefined categories.
`‘139/12. The method of claim 1 wherein the
`server computer controls ad space that is in a
`different medium than the medium of the
`first media property.
`‘139/13. The method of claim 1 wherein the
`server computer controls the ad space only
`temporarily.
`‘089/1. A method of directing electronic
`advertisements, performed by a behavioral
`targeting (BT) company’s computer system
`comprised of one or more computers, the
`method comprising: for each of a multitude
`of visitor computers of different visitors
`visiting a first website, automatically with
`the computer system:
`(a) at a first time, redirecting the visitor
`computer to an ad network computer
`controlling advertising space on at least one
`third party media property, without
`transferring to the ad network computer any
`profile information related to the visitor;
`
`Yahoo activity: Brightroll Demand
`Side Platform
`https://policies.yahoo.com/us/en/yahoo/
`privacy/topics/adserving/index.htm
`(Yahoo collects information such as
`searches conducted).
`See ‘146, claim 9, above.
`
`See ‘146, claim 15, above.
`
`See ‘146, claim 16, above.
`
`See ‘146, claim 21, preamble, above.
`Brightroll operates as a behavioral
`targeting company. The Brightroll DSP
`platform is implemented by a computer
`system having multiple computers.
`
`The Brightroll DSP platform redirects
`MP1 visitors’ computers to MP2s (such
`as SSPs), to allow them to identify
`visitor computers the BrightRoll DSP is
`interested in targeting when later
`encountered viewing ad space
`processed by the MP2s. The redirect
`facilitates cookie mapping or ID
`swapping between the SSP and the
`BrightRoll DSP. No profile information
`is revealed. See, e.g.,
`http://files.meetup.com/1563972/SFAdP
`ub_IntroToRTB.111412.pdf, slides 33-41.
`
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`
`MPS claims asserted vs Yahoo
`
`(b) wherein, as a result of the act of
`redirecting the visitor computer, the ad
`network arranges to electronically tag the
`visitor computer, which tag is readable by
`computers within a domain of the ad
`network and identifies the visitor computer
`as associated with the BT company;
`
`(c) recording, in a profile of the visitor
`maintained by the BT company, profile
`information collected during the visitor
`computer’s visit to the first site;
`(d) providing the ad network with a price
`cap that the BT company is willing to pay the
`ad network for allowing delivery of an
`advertisement within media property
`advertising space controlled by the ad
`network; and
`(e) at a second time, later than the first time,
`upon receiving an electronic request from the
`ad network, causing a selected advertisement
`to be served to the visitor computer while the
`visitor computer is visiting one of the media
`properties that has ad space controlled by the
`ad network, which advertisement is based on
`profile information in the profile of the
`visitor maintained by the BT company, in
`exchange for a price not above the price cap.
`
`‘089/2. The method of claim 1 wherein the
`advertisement is automatically served to the
`visitor computer along with content of the
`one of the media properties visited by the
`visitor computer.
`
`Yahoo activity: Brightroll Demand
`Side Platform
`The redirection allows the MP2 to tag
`the visitor devices. The tag indicates to
`the MP2 that the visitor is associated
`with the Brightroll DSP platform. See
`‘089, claim 1, part (a),
`above; http://www.iab.com/wp-
`content/uploads/2016/01/OpenRTB-API-
`Specification-Version-2-4-DRAFT.pdf,
`p. 22 (“buyeruid” attribute).
`See ‘146, claim 1, part (b), above.
`
`See ‘146, claim 1, part (a), second box,
`above.
`
`See ‘146, claim 1, part (c), above, for
`delivery of ads in ad space controlled by
`MP2 based on the profile information.
`See ‘146, claim 1, part (a), second box,
`above, for the price-cap condition. The
`Brightroll DSP platform causes the
`customer advertiser’s ad to be shown in
`the ad space, when MP2 notifies the
`Brightroll DSP platform that the bid is
`accepted and requests the ad.
`https://admarketing.yahoo.net/rs/118-
`OEW-181/images/control-and-
`transparency-in-your-video-DSP.pdf
`(BrightRoll DSP bids on ad space based
`on viewer’s profile data).
`Most ads are delivered to a visitor
`computer visiting a second website
`along with content of the second
`website.
`
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`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 13 of 35 PageID #: 207
`
`MPS claims asserted vs Yahoo
`
`‘089/3. The method of claim 1 wherein the
`one of the media properties visited by the
`visitor computer is a website.
`‘089/4. The method of claim 1 wherein the tag
`is a cookie stored on the visitor computer.
`
`‘089/5. The method of claim 1 wherein
`receiving an electronic request from the ad
`network comprises receiving a redirection of
`the visitor computer from the ad network.
`
`‘089/6. The method of claim 1 further
`comprising, automatically with the computer
`system, after part (e), recording data
`indicating that the BT company owes the
`price to the ad network.
`
`‘089/7. The method of claim 1 wherein the act
`in part (e) of causing a selected
`advertisement to be served to the visitor
`computer while the visitor computer is
`visiting one of the media properties
`comprises (i) selecting an advertisement
`based on stored profile information from a
`stored profile of the visitor, and (ii) serving
`the selected advertisement to the visitor
`computer.
`
`Yahoo activity: Brightroll Demand
`Side Platform
`The MP2 often controls ad space in a
`website.
`
`The MP2’s tag is a cookie stored on the
`visitor’s
`computer. http://files.meetup.com/15639
`72/SFAdPub_IntroToRTB.111412.pdf,
`slides 33-41 (“Cookie Mapping”).
`Acceptance of the bid includes a
`redirection of the visitor computer from
`the ad network to the Brightroll DSP
`platform.
`http://www.iab.com/wp-
`content/uploads/2016/01/OpenRTB-API-
`Specification-Version-2-4-DRAFT.pdf.
`Brightroll records data identifying the
`price it owes the exchange, so as to pay
`the ad network and to report to
`customers where the ad budget has
`been
`spent. https://admarketing.yahoo.net/rs/
`118-OEW-181/images/control-and-
`transparency-in-your-video-DSP.pdf.
`See ‘146, claim 1, part (c), above, for ad
`selection based on stored profile
`information of the visitor. In at least
`some cases, the Brightroll DSP platform
`can be the computer system that (i)
`selects the ad for a particular user (e.g.,
`decides which Brightroll customer gets
`to serve an ad or decides among
`different ads of a given customer) and
`(ii) serves the ad to the visitor computer
`(either directly or through a content-
`delivery agent such as Akamai).
`
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`
`

`

`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 14 of 35 PageID #: 208
`
`MPS claims asserted vs Yahoo
`
`Yahoo activity: Brightroll Demand
`Side Platform
`See ‘089, claims 5 and 6, above.
`
`See ‘089, claim 2 above.
`
`See ‘089, claim 1, preamble, above.
`
`‘089/8. The method of claim 7 wherein
`receiving an electronic request from the ad
`network comprises receiving a redirection of
`the visitor computer from the ad network,
`and further comprising, automatically with
`the computer system, after part (e), recording
`data indicating that the BT company owes
`the price to the ad network.
`‘089/9. The method of claim 8 wherein the
`advertisement is automatically served to the
`visitor computer along with content of one of
`the media properties visited by the visitor
`computer.
`‘089/10. A computer system controlled by a
`behavioral targeting (BT) company
`comprised of one or more computers, which
`computer system is structured and
`programmed to perform a method of
`directing electronic advertisements, the
`method comprising: for each of a multitude
`of visitor computers of different visitors
`visiting a first website, automatically with
`the computer system:
`(a) at a first time, redirecting the visitor
`computer to an ad network computer
`controlling advertising space on at least one
`third party media property, without
`transferring to the ad network computer any
`profile information related to the visitor;
`(b) wherein, as a result of the act of
`redirecting the visitor computer, the ad
`network arranges to electronically tag the
`visitor computer, which tag is readable by
`computers within a domain of the ad
`network and identifies the visitor computer
`as associated with the BT company;
`(c) recording, in a profile of the visitor
`maintained by the BT company, profile
`information collected during the visitor
`computer’s visit to the first site;
`Page 13 YAHOO INFRINGEMENT OF ALMONDNET MPS PATENTS April 6, 2017
`
`See ‘089, claim 1, part (a), above.
`
`See ‘089, claim 1, part (b), above.
`
`See ‘089, claim 1, part (c), above.
`
`

`

`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 15 of 35 PageID #: 209
`
`MPS claims asserted vs Yahoo
`
`(d) providing the ad network with a price
`cap that the BT company is willing to pay the
`ad network for allowing delivery of an
`advertisement within media property
`advertising space controlled by the ad
`network; and
`(e) at a second time, later than the first time,
`upon receiving an electronic request from the
`ad network, causing a selected advertisement
`to be served to the visitor computer while the
`visitor computer is visiting one of the media
`properties that has ad space controlled by the
`ad network, which advertisement is based on
`profile information in the profile of the
`visitor maintained by the BT company, in
`exchange for a price not above the price cap.
`‘089/11. The system of claim 10 wherein, in
`the method performed by the system, the
`advertisement is automatically served to the
`visitor computer along with content of the
`one of the media properties visited by the
`visitor computer.
`‘089/12. The system of claim 10 wherein, in
`the method performed by the system,
`receiving an electronic request from the ad
`network comprises receiving a redirection of
`the visitor computer from the ad network.
`‘089/13. The system of claim 10 wherein the
`method performed by the system further
`comprises, automatically with the computer
`system, after part (e), recording data
`indicating that the BT company owes the
`price to the ad network.
`
`Yahoo activity: Brightroll Demand
`Side Platform
`See ‘089, claim 1, part (d), above.
`
`See ‘089, claim 1, part (e), above.
`
`See ‘089, claim 2, above.
`
`See ‘089, claim 5, above.
`
`See ‘089, claim 6, above.
`
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`
`

`

`Case 1:18-cv-00943-RGA Document 15-2 Filed 09/14/18 Page 16 of 35 PageID #: 210
`
`MPS claims asserted vs Yahoo
`
`‘089/14. The system of claim 10 further
`comprising a storage containing visitor
`profile information and wherein, in the
`method performed by the system, the act in
`part (e) of causing a selected advertisement
`to be served to the visitor computer while the
`visitor computer is visiting one of the media
`properties comprises (i) selecting an
`advertisement based on stored profile
`information from a stored profile of the
`visitor, and (ii) serving the selected
`advertisement to the visitor computer.
`‘089/15. The system of claim 14 wherein, in
`the method performed by the system,
`receiving an electronic request from the ad
`network comprises receiving a redirection of
`the visitor computer from the ad network,
`and wherein the method performed by the
`system further comprises, automatically with
`the computer system, after part (e), recording
`data indicating that the BT company owes
`the price to the ad network.
`‘089/16. An article comprising a tangible
`medium that is not a transitory propagating
`signal encoding computer-readable
`instructions that, when applied to a
`computer system of a behavioral targeting
`(BT) company, which computer system is
`comprised of one or more computers,
`instruct the computer system to perform a
`method of directing electronic
`advertisements, the method comprising: for
`each of a multitude of visitor computers of
`different visitors visiting a first website,
`automatically with the computer system:
`
`Yahoo activity: Brightroll Demand
`Side Platform
`See ‘089, claim 7, above.
`
`See ‘089, claims 5 and 6, above.
`
`See ‘089, claim 1, preamble, above. The
`computers driving the Brightroll DSP
`platform have internal storage (which
`are tangible and not transitory
`propagating signals) that contains
`instructions (computer programs)
`causing the computer system to perform
`the stated method.
`
`Page 15 YAHOO INFRINGEMENT OF ALMONDNET MPS PATENTS April