Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 1 of 17 PageID #: 489
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`Exhibit 9
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`

`

`( 12 ) United States Patent
`Shkedi
`
`( 10 ) Patent No .:
`( 45 ) Date of Patent :
`
`US 8,494,904 B2
`* Jul . 23 , 2013
`
`US008494904B2
`
`( 54 ) METHOD AND STORED PROGRAM FOR
`ACCUMULATING DESCRIPTIVE PROFILE
`DATA ALONG WITH SOURCE
`INFORMATION FOR USE IN TARGETING
`THIRD - PARTY ADVERTISEMENTS
`( 75 ) Inventor : Roy Shkedi , New York , NY ( US )
`( 73 ) Assignee : Almondnet , Inc. , New York , NY ( US )
`Subject to any disclaimer , the term of this
`( * ) Notice :
`patent is extended or adjusted under 35
`U.S.C. 154 ( b ) by 0 days .
`This patent is subject to a terminal dis
`claimer .
`( 21 ) Appl . No .: 13 / 585,779
`Aug. 14 , 2012
`( 22 ) Filed :
`( 65 )
`Prior Publication Data
`Dec. 20 , 2012
`US 2012/0323718 A1
`Related U.S. Application Data
`Continuation of application No. 13 / 115,949 , filed on
`May 25 , 2011 , now Pat . No. 8,244,582 , which is a
`continuation of application No. 12 / 186,918 , filed on
`Aug. 6 , 2008 , now Pat . No. 7,979,307 , which is a
`division of application No. 11 / 099,861 , filed on Apr. 6 ,
`2005 , now Pat . No. 7,428,493 , which is a continuation
`a
`of application No. 09 / 593,993 , filed on Jun . 14 , 2000 ,
`now Pat . No. 6,925,440 .
`Foreign Application Priority Data
`( 30 )
`( IL )
`Dec. 13 , 1999
`
`133489
`
`( 60 )
`
`( 56 )
`
`EP
`WO
`WO
`WO
`
`( 2012.01 )
`( 2006.01 )
`
`705 / 14.4 ; 705 / 1.1
`
`G06Q 10/08
`G07F 17/16
`( 52 ) U.S. CI .
`USPC
`( 58 ) Field of Classification Search
`None
`See application file for complete search history .
`References Cited
`U.S. PATENT DOCUMENTS
`4,863,384 A
`9/1989 Slade
`5,099,422 A
`3/1992 Foresman et al .
`5,446,891 A
`8/1995 Kaplan et al .
`5,710,884 A
`1/1998 Dedrick
`5,717,923 A
`2/1998 Dedrick
`5,724,521 A
`3/1998 Dedrick
`( Continued )
`FOREIGN PATENT DOCUMENTS
`1 024 437 A2
`8/2000
`WO 97/16796
`5/1997
`WO 98/59481
`12/1998
`WO 00/08583
`2/2000
`OTHER PUBLICATIONS
`Brody , R .; “ The Conditions and Consequences of Profiling in Com
`mercial and Governmental Settings ” ; IEEE ; 1998 .
`( Continued )
`Primary Examiner Jonathan Ouellette
`( 74 ) Attorney , Agent , or Firm
`Louis J. Hoffman
`( 57 )
`ABSTRACT
`A method of accumulating descriptive profile data uses a
`databank that can be contacted by profile providers who con
`tribute profile elements about an online visitor . The method
`includes keeping track of which profile provider contributed
`which elements , so that use of particular elements in targeting
`electronic third - party advertisements automatically can result
`in compensation .
`30 Claims , 3 Drawing Sheets
`
`( 51 ) Int . Cl .
`G06Q 30/02
`G06Q 30/06
`G06Q 20/02
`G06Q 10/10
`G06Q 10/06
`
`( 2012.01 )
`( 2012.01 )
`( 2012.01 )
`( 2012.01 )
`( 2012.01 )
`
`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 2 of 17 PageID #: 490
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`Visitor
`
`Data
`Communications
`Topology
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`3
`User
`
`System
`
`

`

`US 8,494,904 B2
`Page 2
`
`U.S. PATENT DOCUMENTS
`5,752,238 A
`5/1998 Dedrick
`5,848,396 A 12/1998 Gerace
`5,855,008 A 12/1998 Goldhaber et al .
`5,918,014 A
`6/1999 Robinson
`5,956,693 A
`9/1999 Geerlings
`6,055,513 A
`4/2000 Katz et al .
`6,055,573 A
`4/2000 Gardenswartz et al .
`6,128,624 A 10/2000 Papierniak et al .
`6,134,532 A 10/2000 Lazarus et al .
`6,141,010 A 10/2000 Hoyle
`6,151,601 A 11/2000 Papierniak et al .
`4/2001 Eldering
`6,216,129 B1
`6,269,361 B1
`7/2001 Davis et al .
`6,327,574 B1
`12/2001 Kramer et al .
`6,393,471 B1
`5/2002 Kobata
`6,415,322 B1
`7/2002 Jaye
`6,594,691 B1
`7/2003 McCollum et al .
`6,832,207 B1
`12/2004 Shkedi
`6,839,680 B1
`1/2005 Liu et al .
`6,868,389 B1
`3/2005 Wilkins et al .
`6,925,440 B1
`8/2005 Shkedi
`6,973,436 B1
`12/2005 Shkedi
`6,993,590 B1
`1/2006 Gauthier et al .
`7,003,792 B1
`2/2006 Yuen
`7,065,500 B2
`6/2006 Singh et al .
`7,072,853 B2
`7/2006 Shkedi
`7,428,493 B2
`9/2008 Shkedi
`7,454,364 B2 11/2008 Shkedi
`7,747,745 B2
`6/2010 Shkedi
`7,822,637 B2 10/2010 Shkedi
`7,822,639 B2
`10/2010 Shkedi
`7,861,260 B2 12/2010 Shkedi
`7,890,609 B2
`2/2011 Shkedi
`7,979,307 B2
`7/2011 Shkedi
`8,051,444 B2
`11/2011 Shkedi
`8,200,822 B1
`6/2012 Shkedi
`8,204,783 B2
`6/2012 Shkedi
`8,204,965 B2
`6/2012 Shkedi
`8,239,264 B2
`8/2012 Shkedi
`
`8/2012 Shkedi
`8,244,574 B2
`8,244,582 B2
`8/2012 Shkedi
`8/2012 Shkedi
`8,244,583 B2
`8/2012 Shkedi
`8,244,586 B2
`8/2003 McElfresh et al .
`2003/0149938 A1
`4/2005 Shkedi
`2005/0086112 A1
`12/2007 Shkedi
`2007/0294401 A1
`2/2009 Shkedi
`2009/0049468 A1
`7/2009 Shkedi
`2009/0172723 Al
`7/2009 Shkedi et al .
`2009/0172728 Al
`2009/0300675 Al
`12/2009 Shkedi
`12/2010 Shkedi
`2010/0325659 Al
`2/2011 Shkedi
`2011/0035256 A1
`2/2011 Shkedi
`2011/0040607 A1
`2/2011 Shkedi
`2011/0040620 A1
`OTHER PUBLICATIONS
`IntelliQuest , 24/7 Media Pair to Deliver Tech Household Database ;
`from webpage http://www.clickz.com ; Oct. 6 , 1998 .
`Internet Access : Intelliquest and 24/7 Media Team Up to Deliver 100
`Million Household Database to Internet Marketers ; from website
`http://findarticles.com ; Oct. 12 , 1998 .
`24/7 Real Media Inc. — TFSM ; Form S - 1A , filed with the SEC Apr.
`14 , 1999 ( portions ) .
`Engage Technologies , Inc .; Form S - 1A ; filed with the SEC Jul . 19 ,
`1999 ; pp . 36-50 .
`The e - Marketing Report ; Morgan Stanley Dean Witter ; May , 2000
`( portions )
`“ DoubleClick Launches New Marketing Solutions ” ; from website
`www.clickz.com ; Oct. 6 , 1998 .
`“ Their Time Has Come ” ; Direct , v11 , n8 , p1 + ; Jun . 1999 .
`www.acxiom.com ; www.archive.org ; date range : Feb. 24 , 1999 - Nov .
`14 , 1999 .
`Barrett , Jennifer ; “ Databasing in the 90s : data and what we're doing
`with it ! " ; Direct Marketing , v57 , n4 , p . 40 ; Aug. 1995 .
`Odell , Patricia ; " Sweetening the Pot ” ; Direct ; v10 , n9 , p . 91 ; Jul .
`1998 .
`Hatch , Denny ; “ Co - op Databases ” ; Target Marketing ; v21 , n5 , pp .
`38-42 ; May 1998 .
`
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`

`

`U.S. Patent
`
`Jul . 23 , 2013
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`Sheet 1 of 3
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`US 8,494,904 B2
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`Fig . 1
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`2 .
`Visitor
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`1
`
`Data
`Communications
`Topology
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`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 4 of 17 PageID #: 492
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`3
`User
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`4
`System
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`

`U.S. Patent
`
`Jul . 23 , 2013
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`Sheet 2 of 3
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`US 8,494,904 B2
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`Fig . 2
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`3
`User
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`Receiving
`5
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`111
`External
`Database
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`4
`System
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`7
`Databank
`
`Searching
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`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 5 of 17 PageID #: 493
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`Contracting
`for User
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`9
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`Contracting
`for Databank
`
`10
`
`

`

`U.S. Patent
`
`Jul . 23 , 2013
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`Sheet 3 of 3
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`US 8,494,904 B2
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`Fig . 3
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`20
`First Readable
`Program Code
`
`21
`Second Readable
`Program Code
`
`22
`Third Readable
`Program Code
`
`Fig . 4
`
`30 C
`Program Storage
`Device
`
`Fig . 5
`
`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 6 of 17 PageID #: 494
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`42
`Storage
`Device
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`141
`Appurtenances
`
`Computer
`40
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`Data
`Communications
`Topology
`
`

`

`US 8,494,904 B2
`
`1
`METHOD AND STORED PROGRAM FOR
`ACCUMULATING DESCRIPTIVE PROFILE
`DATA ALONG WITH SOURCE
`INFORMATION FOR USE IN TARGETING
`THIRD - PARTY ADVERTISEMENTS
`
`a
`
`a
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`a
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`5
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`10
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`2
`how precisely a client can be profiled determines what the
`probability of profiting from such a client .
`More specifically , there remains a need in the art for assign
`a
`ing values to information attributes or for managing value
`assignments to information attributes . In the absence of such
`assignments or management , the commerce in information
`attributes , per se , is substantially precluded ; especially in
`CROSS - REFERENCE TO RELATED
`client - specific advertisement profiling , client - specific actu
`APPLICATIONS
`arial targeting , and the like .
`This application is a continuation of application Ser . No.
`NOTICES
`13 / 115,949 , filed May 25 , 2011 , now U.S. Pat . No. 8,244,582 ,
`which is a continuation of application Ser . No. 12 / 186,918 ,
`The present invention will forthwith be described with a
`filed Aug. 6 , 2008 , now U.S. Pat . No. 7,979,307 , which is a
`certain degree of particularity , however those versed in the art
`division of application Ser . No. 11 / 099,861 , filed Apr. 6 , 15 will readily appreciate that various modifications and alter
`2005 , now U.S. Pat . No.7,428,493 , which is a continuation of
`ations may be carried out without departing from either the
`application Ser . No. 09 / 593,993 , filed Jun . 14 , 2000 , now U.S.
`spirit or scope , as hereinafter claimed .
`Pat . No. 6,925,440 , which claims priority to Israel Applica
`In describing the present invention , explanations are pre
`tion No. 133,489 , filed Dec. 13 , 1999. A portion of the dis
`sented in light of currently accepted theories and models ; be
`closure of this patent document contains material , which that 20 they scientific , economic , sociological , etc. Such theories and
`is subject to copyright protection . The copyright owner has no
`models are subject to changes , both adiabatic and radical .
`objection to the facsimile reproduction by anyone of the
`Often these changes occur because representations for fun
`patent document or the patent disclosure , as it appears in the
`damental component elements are innovated , because new
`Patent and Trademark Office patent file or records , but other-
`transformations between these elements are conceived , or
`25 because new interpretations arise for these elements or for
`wise reserves all copyright rights whatsoever .
`their transformations . Therefore , it is important to note that
`the present invention relates to specific technological actual
`FIELD OF THE INVENTION
`ization in embodiments . Accordingly , theory or model depen
`dent explanations herein , related to these embodiments , are
`The present invention generally relates to a mercantile
`30 presented for the purpose of teaching , the current man of the
`method .
`More specifically , the present invention relates to a mer-
`art or the current team of the art , how these embodiments may
`be substantially realized in practice . Alternative or equivalent
`cantile method directed to brokerage of attributes of informa-
`explanations for these embodiments may neither deny nor
`tion .
`alter their realization .
`
`35
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`a
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`>
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`a
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`a
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`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 7 of 17 PageID #: 495
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`a
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`BACKGROUND OF THE INVENTION
`Advances in database technology have given rise to com
`merce in records , files and databases , per se . For example ,
`paying for a database credit check for an individual or buying
`a mailing list have become common practice . These well- 40
`known systems do not address the problems of how the data-
`base is to collect all of the attributes of information that are
`contained therein . Often , the contents of a database are the
`result of massive clerical efforts , which usually represent the
`product of many calendar years of transactional accumula- 45
`tions .
`Sometimes , whole databases are merged to form higher
`precision data clusters . For example , voting turnout lists may
`be integrated with census data to produce a register from
`which a statistical profile of voters may be derived . Another 50
`example relates to merging the records of a credit card com
`pany with the records of a mortgage company . For those
`persons having an entry in each of the constituent record sets ,
`the result is a credit profile of more precise resolution . In this
`example , the actual economic value of merged records 55
`exceeds the combined values of constituent records . This
`would likewise be true for the inclusion of any additional
`attribute of information to any record .
`Unfortunately , the current state of information commerce
`is focused on the sales of whole databases , whole records , or 60
`evaluations based on single or clusters of records . In commer-
`cial applications where specific attributes of information
`strongly affect the value of evaluations , there is a need in the
`a
`art for commerce in such attributes . For example , in targeted
`advertising , every attribute , which substantially affects the 65
`probability of that advertisement's success , innately has a
`discrete economic value . Likewise , in actuarial calculations ,
`
`GLOSSARY
`
`Profile : A collection of attributes that describe a person or
`an organization or any other entity that can be described
`by a combination of data . For example , a person profile
`could be a collection of the following attributes : the
`person's gender , the person's age , the person's educa
`tion , the person's interests as reflected in his behavior or
`as reported by the person or as reflected from his mem
`bership in a specific club and so forth . An organization
`profile could be a collection of the following attributes :
`number of employees , activities the organization main
`tain whether business activities or other activities , the
`organization's revenues , the organization's gross profit ,
`the organization's operating profit , the organization's
`net profit , the organization's equity and so forth . It
`should be mentioned that profile attributes include ,
`among other things , attributes that enable the identifica
`tion of the entity described by the profile such as name ,
`address , URL , cookie . In addition , profile attributes may
`include information learned about the entity described
`by the profile from a communication protocol such as
`a
`the information learned about the visitor to a web site
`from its http header .
`User : any entity that owns attributes contained in at least
`one partial profile . The entity could be a web site that has
`a database of its visitor profiles , an organization with a
`database of partial profiles or the subject described by
`the profile itself .
`Cookie : A text ( or alphanumeric ) string that is put on a
`computer hard disk of a visitor to a web site by the web
`a
`site's server . The cookie enables the identification of the
`
`

`

`US 8,494,904 B2
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`a
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`a
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`30
`
`a
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`a
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`3
`4
`tion of the above . Of course , it could be that the site does not
`specific computer on its future visits to the web site .
`have a profile of the visitor to that web - site . The web - site may
`Each cookie is reported ( by the computer browser ) only
`make better profit from the visitation if it were to know more
`to the web site server that installed that cookie . There-
`about the visitor . The web - site forwards particulars from the
`fore , it should be clearly understood that the only way
`for a third party to acquire cookie data is to receive that 5 visitor's credentials ( a partial profile ) , as well as ( optionally )
`data from the server that installed that cookie , or from
`a redirect to a portion of the visitor's page to a server located
`another third party who so acquired the data from a chain
`in cyberspace ( at a juncture in a data communications topol
`of parties going back to that cookie setting server , etc.
`ogy ) . By redirecting a portion of the visitor's page to the
`Contract : An agreement between a user and a system incor
`server , the visitor's browser reports to the server a cookie the
`porating the method of the present invention wherein 10 server put on the visitor's computer in the past , if any . This
`ownership of an attribute or a right to represent an
`server interconnects the user's transactions and the server
`attribute is transferred from one party to another for an
`own cookie ( if used ) with a computer having therein software
`agreed consideration . Generally , examples include a
`for running the method of the present invention . Associated
`purchase of an attribute for cash or credit , or an accep
`tance of an attribute according to a brokerage fee sched- 15 with the computer is a databank , having therein an organized
`ensemble of information attributes .
`ule . More specifically , since there are many problems in
`The computer uses the forwarded visitor credentials with
`assigning the value of an attribute , the system of the
`its server cookie ( if any ) to search the associated databank .
`present invention may simply agree to store new
`Either or both of two possible mercantile events are set into
`attributes with the proviso that users wishing to acquire
`a copy of these attributes will transfer a payment speci- 20 motion thereby .
`Firstly , it may be the case that the credentials contain new
`fied by the original attribute provider ( the royalty pay
`information attributes which were not heretofore known in
`ment ) to that provider and a brokerage fee for providing
`this service payable to the system's account . Alterna-
`the databank . According to a sin
`model of evaluating the
`tively , the attribute provider or the system may elect to
`value of these attributes , the database incorporates these new
`assign a value to an attribute using a formula which 25 attributes and the computer assigns a user selected micro
`factors in such parameters as newness of the attribute ,
`payment royalty for each elected use of these attributes by any
`geographical extent wherein the attribute is of presum-
`other user . Stated simply , if the user provides a date of birth
`able value , veracity of the attribute , etc.
`for a known named person in the data bank , then the user is the
`owner of that date of birth attribute , and a user designated
`SUMMARY OF THE INVENTION
`micro payment royalty ( or credit ) is assigned to the user for
`each purchase of that attribute by another user . The owner of
`The present invention generally relates to a descriptive
`the databank may likewise collect for itself a brokerage com
`profile mercantile method , for use
`a juncture in a data
`mission for each use of the attribute .
`communications topology having associated therewith a
`Secondly , the databank may contain new attributes that
`maintained databank of partial profiles , the method including 35
`were not in the initial visitor credentials . In this case ,
`the user
`the steps of :
`is told that such attributes exist for purchase , what these new
`( a ) from a user , receiving a transaction having therein a first
`attributes describe ( e.g. education level associated with the
`partial profile ;
`visitor ) , and the micro - payment royalty plus brokerage fee
`( b ) using the first partial profile , searching a databank having
`a plurality of second partial profiles , wherein is included in 40 that is charged for each respective attribute . If the user is
`said databank at least one null profile so that said searching
`interested in any of these attributes , then a contract is agreed
`will always yield at least one proximate second partial
`to , resulting in a micro - payment transfer from the user to the
`profile to the first partial profile ;
`broker and to the royalty owner , and a transfer of a copy of the
`a
`( c ) between the user and the databank , contracting :
`attribute to the user ( the buyer ) .
`i . for the databank to own or represent a right to a first 45
`Other types of contracts and other types of pricing struc
`mutually agreed portion of the first partial profile , and
`tures are available for the user in his interactions with the
`substantially thereafter said databank incorporating the
`“ system of the present invention " ( e.g. the computer with its
`agreed portion of the first profile into at least one second
`associated databank ) ; as will be describes in subsequent sec
`partial profile ; or
`tions .
`ii . for the user to own or represent a right to a second 50
`mutually agreed portion of at least one said proximate
`second partial profile , and substantially thereafter the
`databank transmitting to the user the second mutually
`greed portion of the second profile .
`In order to understand the invention and to see how it may
`The present invention comes to provide a means for mak- 55 be carried out in practice , embodiments including the pre
`ing viable the economic commerce in information attributes .
`ferred embodiment will now be described , by way of non
`Since the value of such attribute will only become well under
`limiting example only , with reference to the accompanying
`stood with the implementation of the present method in the
`drawings , in which :
`electronic commerce marketplace , the present best enabling
`FIG . 1 illustrates a schematic view of an Internet data
`mode for the present invention operates on a brokerage rep- 60
`communications topology ;
`resentation model . According to this model , a typical use of
`FIG . 2 illustrates a schematic view of a system using the
`the present invention may be according to the following sce
`descriptive - profile mercantile method ;
`nario .
`FIG . 3 illustrates a schematic view of a computer program
`An electronically facilitated visitor to an Internet web - site
`presents his credentials . These credentials could be the visitor 65 product ;
`profile itself or a cookie or a user name and so forth that
`FIG . 4 illustrates a schematic view of a program storage
`enables the site to retrieve the visitor profile or any combina-
`device ; and
`
`BRIEF DESCRIPTION OF THE FIGURES AND
`APPENDICES
`
`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 8 of 17 PageID #: 496
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`US 8,494,904 B2
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`5
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`a
`
`a
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`a
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`5
`FIG . 5 illustrates a schematic view of an installed computer
`system for facilitating a descriptive - profile mercantile
`method .
`
`6
`According to an extension embodiment of the present
`invention , the method furthermore includes :
`i ) searching at least one external database ( 11 ) for a partial
`profile or portion thereof which complements a at least
`DETAILED DESCRIPTION OF THE INVENTION
`one second partial profile of the databank , and
`ii ) between the database and the databank , contracting for
`In FIG . 1 there is presented a schematic illustration of a
`the databank to own or represent a right to a first mutu
`data - communications topology as a wide area network ( e.g.
`ally agreed portion of the complementing first partial
`the Internet ) ( 1 ) having interconnected thereto a visitor ( 2 ) , a
`profile , and substantially thereafter said databank incor
`user ( 3 ) , and a system ( 4 ) embodying the method of the 10
`porating the agreed portion of the first profile into at least
`present invention .
`one second partial profile .
`The present invention relates to a descriptive - profile mer
`The present invention also relates to a computer program
`cantile method ( further presented in FIG . 2 ) , for use at a
`product ( see FIG . 3 ) including a computer usable medium
`juncture in a data - communications topology having associ
`ated therewith a maintained databank of partial profiles , the 15 having computer readable program code embodied therein
`for facilitating descriptive profile mercantile activities , the
`method including the steps of
`( a ) from a user ( 3 ) , receiving ( 5 ) a transaction having therein
`computer readable program code including :
`a ) first computer readable program code ( 20 ) for causing a
`a first partial profile ;
`( b ) using the first partial profile , searching ( 6 ) a databank ( 7 )
`computer to receive a transaction from a user , the trans
`having a plurality of second partial profiles , wherein is 20
`action having therein a first partial profile ;
`included in said databank at least one null profile so that
`b ) tied to the first computer readable program code , second
`said searching will always yield at least one proximate
`computer readable program code ( 21 ) for causing the
`second partial profile to the first partial profile ;
`computer to use the first partial profile to search a data
`bank having a plurality of second partial profiles ,
`( c ) between the user and the databank , contracting :
`i . ( 10 ) for the databank to own or represent a right to a first 25
`wherein is included in said databank at least one null
`a
`mutually agreed portion of the first partial profile , and
`profile so that said searching will always yield at least
`substantially thereafter said databank incorporating the
`one proximate second partial profile to the first partial
`agreed portion of the first profile into at least one second
`profile ; and
`partial profile ; or
`c ) tied to the second computer readable program code , third
`ii . ( 9 ) for the user to own or represent a right to a second 30
`computer readable program code ( 22 ) for causing the
`mutually agreed portion of at least one said proximate
`computer to contract between the user and the databank :
`second partial profile , and substantially thereafter the
`i ) for the databank to own or represent a right to a first
`databank transmitting to the user the second mutually
`mutually agreed portion of the first partial profile , and
`agreed portion of the second profile .
`substantially thereafter for said databank to incorpo
`According to an embodiment of the present invention , 35
`rate the agreed portion of the first profile into at least
`receiving a transaction includes extracting at least one prede
`one second partial profile ; or
`termined key portion of the first partial profile , wherein at
`ii ) for the user to own or represent a right to a second
`least one of these extracted predetermined key portions is
`mutually agreed portion of at least one said proximate
`then used as the first partial profile for the searching of the
`second partial profile , and substantially thereafter for
`databank . According to a variation of this embodiment , 40
`extracting includes constructing at least one composite key
`the databank to transmit to the user the second mutu
`ally agreed portion of the second profile .
`for the searching of the databank using a combinatorial of at
`least two of the predetermined key portions of the first partial
`Furthermore , as illustrated in FIG . 4 , the present invention
`profile .
`relates to a program storage device ( 30 ) readable by machine ,
`According to another embodiment of the present invention , 45 tangibly embodying a program of instructions executable by
`contracting includes selecting a pricing structure according to
`the machine to perform method steps for a descriptive - profile
`a rating of the user .
`mercantile method , for use at a juncture in a data - communi
`a
`According to a different embodiment of the present inven-
`cations topology having associated therewith a maintained
`tion , contracting a right includes accepting an obligation to
`databank of partial profiles , said method steps including :
`pay for substantially each use or transfer of the agreed por- 50
`a ) from a user , receiving a transaction having therein a first
`partial profile ;
`tion .
`According to a further embodiment of the present inven-
`b ) using the first partial profile , searching a databank hav
`tion , incorporating the agreed portion includes assigning a
`ing a plurality of second partial profiles , wherein is
`credibility weighting to the agreed portion of the first profile
`included in said databank at least one null profile so that
`According to a variation of this embodiment , incorporating 55
`said searching will always yield at least one proximate
`includes convoluting the assigned credibility weighting of the
`second partial profile to the first partial profile ;
`first profile with a pre - existing credibility weighting of a
`c ) between the user and the databank , contracting :
`substantially like agreed portion of a proximate second pro
`i ) for the databank to own or represent a right to a first
`mutually agreed portion of the first partial profile , and
`file ; and storing the convoluted new credibility weighting for
`the agreed portion in the databank . According to a further 60
`substantially thereafter said databank incorporating
`refinement of this variation , contracting includes selecting a
`the agreed portion of the first profile into at least one
`pricing structure according to a result of a computation com
`second partial profile ; or
`paring the new credibility weighting with the pre - existing
`ii ) for the user to own or represent a right to a second
`mutually agreed portion of at least one said proximate
`credibility weighting .
`According to an additional embodiment of the present 65
`second partial profile , and substantially thereafter the
`databank transmitting to the user the second mutually
`invention , receiving a transaction includes consulting an
`agreed portion of the second profile .
`external database ( 11 ) .
`
`a
`
`a
`
`Case 1:24-cv-00376-MN Document 16-9 Filed 07/11/24 Page 9 of 17 PageID #: 497
`
`

`

`US 8,494,904 B2
`
`7
`8
`In the context of the preferred embodiment of the present
`The present invention also relates to a computer system for
`invention , “ transaction ” relates to a process to complete a
`facilitating a descriptive - profile mercantile method ( see FIG .
`5 ) , the system including :
`communicative activity between the parties that reciprocally
`affects or influences the other party . It may include an acqui
`a ) a computer ( 40 ) installed at a juncture in a data - commu-
`nications topology ( 1 ) ;
`5 sition provision of a partial profile , an identification of the
`user , a reference to a contractual mechanism related to the
`b ) associated with said computer , a storage device ( 42 ) for
`acquisition , screening , and / or distribution of new data and a
`keeping a maintained databank of partial profiles ; and
`pricing structure .
`c ) associated with the internal functionality components of
`In the context of the preferred embodiment of the present
`the computer , appurtenances ( 41 ) for performing
`method steps including :
`10 invention , " user " relates to an individual , web site , search
`robot and / or other type of software agent that interacts with
`i ) from a user , receiving a transaction having therein a
`first partial profile ;
`the system by virtue of their contacting a juncture in the
`data - communications topology where the method is installed
`ii ) using the first partial profile , searching a databank
`in order to acquire , trade , dispose of and / or broker some
`having a plurality of second partial profiles , wherein
`is included in said databank at least one null profile so 15 attribute data for the purpose of acquiring some potential
`that said searching will always yield at least one
`economic or other value in connection with that attribute data .
`proximate second partial profile to the first partial
`In the context of the preferred embodiment of the present
`profile ;
`invention , “ visitor ” relates to an entity the user has access to
`iii ) between the user and the databank , contracting :
`oris interested in . The visitor could be a consumer or potential
`( 1 ) for the databank to own or represent a right to a 20 customer of an offering of goods , services , or information .
`first mutually agreed portion of the first partial pro
`INTRODUCTION
`file , and substantially thereafter said databank
`incorporating the agreed portion of the first profile
`This invention relates to gaining an ability to buy , sell ,
`into at least one second partial profile ; or
`( 2 ) for the user to own or represent a right to a second 25 broker , and trade specific pieces of data between two disjoint
`mutually agreed portion of at least one said proxi-
`parties within the context of a system that may include a
`databank and that may include a micro - payment royalty
`mate second partial profile , and substantially there
`after the databank transmitting to the user the sec-
`arrangement as a pricing structure in connection with the
`ond mutually agreed portion of the second profile .
`aforesaid exchange of data .
`The specific pieces of data that may be involved in the
`DETAILED DESCRIPTION OF THE PREFERRED
`exchange are known as attributes . The attributes relate to
`details of a particular profile . The profile can be a collection of
`EMBODIMENT
`descriptive information as used by an advertiser for generat
`ing targeted advertising or used by an insurer for finding a
`In the context of the preferred embodiment of the present
`invention , " attribute ” relates to an information particular ( or 35 more specific actuarial rate . It is noted that a secondary type
`attribute ) that is aggregated with other particulars to form a
`of profile that is also contained in another embodiment of the
`partial profile . Examples of attributes may be : name , address ,
`invention is a form of a collective profile that is an aggregate
`income , age , education , details of product purchase transac-
`that is based on a pre - structured analysis of the existing indi
`vidual profiles such as average or typical .
`tion over the Internet , credit rating , etc.
`In the con