Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 1 of 32 PageID 1
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`Civil Action No.___________
`
`JURY TRIAL DEMANDED
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`v.
`
`PANDORA MEDIA, INC.,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff B.E. Technology, L.L.C. (“B.E.”) hereby brings this action against Pandora
`
`Media, Inc. (“Pandora”) for infringement of United States Patent No. 6,628,314 (“’314 patent”),
`
`and alleges as follows:
`
`NATURE OF THE ACTION AND PARTIES
`
`1.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States.
`
`2.
`
`B.E. is a limited liability company organized and existing under the laws of the
`
`State of Delaware with its principal place of business in Memphis, Tennessee.
`
`3.
`
`Pandora is a corporation organized and existing under the laws of the State of
`
`Delaware, with its principal place of business in Oakland, California.
`
`
`
`
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 2 of 32 PageID 2
`
`JURISDICTION
`
`4.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a), as this is an action arising under the Patent Act, 35 U.S.C. § 1 et seq.
`
`5.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b), 1391(c),
`
`VENUE
`
`1391(d), and 28 U.S.C. § 1400(b).
`
`FACTUAL BACKGROUND
`
`6.
`
`The ’314 patent is entitled “Computer Interface Method And Apparatus With
`
`Targeted Advertising.” A copy of the ’314 patent is attached hereto as Exhibit A.
`
`7.
`
`The invention of the ’314 patent generally relates to user interfaces for accessing
`
`computer applications and information resources and, in particular, to user interfaces that provide
`
`advertising obtained over a global computer network such as the Internet. The invention of the
`
`’314 patent also relates to user interfaces for maintaining, organizing and communicating
`
`information accessible to a computer network such as the Internet and, in particular, to user
`
`interfaces that provide the user with availability to that information in a personalized manner.
`
`8.
`
`The application that issued as the ’314 patent was filed on October 30, 2000, and
`
`the United States Patent and Trademark Office duly and legally issued the ’314 patent on
`
`September 30, 2003. The ’314 patent claims priority to U.S. Patent Application No. 09/118,351,
`
`filed on July 17, 1998.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 6,628,314
`
`9.
`
`10.
`
`B.E. realleges and incorporates by reference the allegations of paragraphs 1-8.
`
`B.E. owns all right, title, and interest in the ’314 patent, and has owned all right,
`
`title, and interest throughout the period of the infringement complained of herein.
`
`- 2 -
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 3 of 32 PageID 3
`
`11.
`
`Pandora has infringed the ’314 patent by using a method of providing
`
`demographically targeted advertising that directly infringes at least Claim 11 of the ’314 patent
`
`either literally or under the doctrine of equivalents.
`
`JURY DEMAND
`
`B.E. requests a trial by jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`B.E. prays for relief as follows:
`
`1.
`
`2.
`
`Judgment that Pandora has infringed the ’314 patent as alleged herein;
`
`Compensatory damages in an amount according to proof, and in no event less
`
`than a reasonable royalty;
`
`3.
`
`4.
`
`5.
`
`Prejudgment interest on the compensatory damages awarded to B.E.;
`
`Post-judgment interest on all sums awarded to B.E. from the date of judgment;
`
`A preliminary and permanent injunction forbidding Pandora and its officers,
`
`agents, servants, employees, and attorneys, and all those in active concert or participation with
`
`them, from further infringing the ’314 patent;
`
`6.
`
`7.
`
`Costs of suit incurred herein; and
`
`Any and all other relief that the Court deems just and equitable.
`
`
`
`
`
`
`
`By: s/Robert E. Freitas
`Robert E. Freitas (CA Bar No. 80948)
`Craig R. Kaufman (CA Bar No. 159458)
`FREITAS TSENG & KAUFMAN LLP
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Telephone:
`(650) 593-6300
`Facsimile:
`(650) 593-6301
`rfreitas@ftklaw.com
`ckaufman@ftklaw.com
`
`- 3 -
`
`Dated: September 10, 2012
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 4 of 32 PageID 4
`
`Richard M. Carter (TN B.P.R. #7285)
`Adam C. Simpson (TN B.P.R. #24705)
`MARTIN, TATE, MORROW & MARSTON, P.C.
`6410 Poplar Avenue, Suite 1000
`Memphis, TN 38119-4839
`Telephone: (901) 522-9000
`Facsimile: (901) 527-3746
`rcarter@martintate.com
`asimpson@martintate.com
`
`Attorneys for Plaintiff
`B.E. Technology, L.L.C.
`
`
`
`- 4 -
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 5 of 32 PageID 5
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 5 of 32 Page|D 5
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 6 of 32 PageID 6
`Case 2‘”'°“'°2782'”PM'°g° ”°°”'“e“"I|||l|1|lI||||‘l1Fl|l||‘I|ll|‘||||||lM‘l1|||1I|||‘|||lll|||Illlfllllflllfllll
`
`US006628314B1
`
`(12) United States Patent
`Hoyle
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 6,628,314 B1
`Sep. 30, 2003
`
`(54) COMPUTER INTERFACE METHOD AND
`APPARATUS WITH TARGETED
`ADVERTISING
`
`Primary Examiner—Cao (Kevin) Nguyen
`(74) Attorney, Agent, or Firm—Reising, Ethington, Barnes,
`Kisselle, P.C.
`
`(75)
`
`Inventor: Martin David Hoyle, Destrehan, LA
`(US)
`
`(73) Assignee: B.E. Technology, LLC, Bay City, MI
`(US)
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 436 days.
`
`(21) Appl. N0.: 09/699,705
`
`(22)
`
`Filed:
`
`Oct. 30, 2000
`
`Related U.S. Application Data
`
`(62) Division of application No. 09/118,351, filed on Jul. 17,
`1998, now Pat. No. 6,141,010.
`
`(51)
`Int. Cl.7 ................................................ .. G06F 3/00
`(52)
`345/854; 345/853
`
`(58) Field of Search ............................... .. 345/854, 839,
`345/764, 781, 853, 835; 705/14, 26; 715/5011,
`514
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`5,937,392 A *
`5,948,061 A *
`
`8/1999 Alberts ...................... .. 705/14
`9/1999 Merriman et al.
`........ .. 709/219
`
`(57)
`
`ABSTRACT
`
`A method and apparatus for providing an automatically
`upgradeable software application that
`includes targeted
`advertising based upon demographics and user interaction
`with the computer. The software application is a graphical
`user interface that includes a display region used for banner
`advertising that is downloaded from time to time over a
`network such as the Internet. The software application is
`accessible from a server via the Internet and demographic
`information on the user is acquired by the server and used
`for determining what banner advertising will be sent to the
`user. The software application further targets the advertise-
`ments in response to normal user interaction, or use, of the
`computer. Associated with each banner advertisement is a
`set of data that
`is used by the software application in
`determining when a particular banner is to be displayed.
`This includes the specification of certain programs that the
`user may have so that, when the user runs the program (such
`as a spreadsheet program), an advertisement will be dis-
`played that is relevant to that program (such as an adver-
`tisement for a stock brokerage). This provides two-tiered,
`real-time targeting of advertising—both demographically
`and reactively. The software application includes program-
`ming that accesses the server on occasion to determine if one
`or more components of the application need upgrading to a
`newer version. If so, the components are downloaded and
`installed without requiring any input or action by the user.
`
`* cited by examiner
`
`22 Claims, 14 Drawing Sheets
`
`35 E?“ ‘
`Ear-~C:| Baseball
`Managers
`Link.4
`Players
`Link3
`....4:] Lnkl
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 7 of 32 PageID 7
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 7 of 32 Page|D 7
`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 1 of 14
`
`US 6,628,314 B1
`
`Application
`
`Software
`
`Client
`
`
`
`UserData
`
`YourAdHere|
`
`
`26
`
`22
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 8 of 32 PageID 8
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 8 of 32 Page|D 8
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`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 9 of 32 PageID 9
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`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 12 of 32 PageID 122
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`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 13 of 32 PageID 13
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`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 14 of 32 PageID 14
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 14 of 32 Page|D 14
`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 8 of 14
`
`US 6,628,314 B1
`
`User Download
`
`132
`
`Request
`
`Send Form
`to User
`
`1 34
`
`
`
`All
`
`
`Required Fields
`Filled Out
`
`‘.7
`
`Yes
`
`l 3 8
`
`Request Correction
`0f F0113
`
`No
`
`Assign Unique
`ID to User
`
`140
`
`
`
`142
`Store ID Along
`with Demographic ‘J
`Data
`
`Transmit Client
`
`144
`
`Application to User
`
`“
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 15 of 32 PageID 15
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 15 of 32 Page|D 15
`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 9 of 14
`
`US 6,628,314 B1
`
` Login Name
`
`?
`
` Setup
`
`New Account
`
`‘.7
`
`Access User Setup
`Preferences & Bookmarks
`
`from User Data Storage
`
`Request
`Demographic Data
`
`
`
`
`
`Display
`GUI
`
`156
`
`Stop
`
`FIG. 9
`
` All
`
`Required Data
`Present
`
`‘.7
`
`
`
`User Data
`
`Report Demographic
`Data & Store New
`
`
`
`
`Access Default
`
`Preferences & Bookmarks
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 16 of 32 PageID 16
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 16 of 32 Page|D 16
`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 10 of 14
`
`US 6,628,314 B1
`
`FIG 10
`
`182
`
`184 ADM Server
`
`Report computer
`Usage Information
`
`Download
`New Banners
`
`
`
`?
`
` Internet
`186
`Connection
`
`Available
`
`?
`
`
`
`
` Update
`Components
`
`0
`
`User Input
`
` Process
`Display Banner
`
`
`
`Select &
`
`

`
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`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 11 of 14
`
`US 6,628,314 B1
`
`FIG. 11
`
`Run Default
`
`Browser and open
`Banner Link
`
`Shortcut/
`
`Application
`Selected
`?
`
`Set
`Priority = Medium
`
`Execute Shortcut/
`Application
`
`200
`
`Set
`Priority = Medium
`
`Open Category
`fiinks Window
`
`Set
`Priority : High
`
`Run Default
`Browser and open
`Selected Link
`
`Set
`= High
`
`Run Default
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 18 of 32 PageID 18
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`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 12 of 14
`
`US 6,628,314 B1
`
`FIG. 12
`
`220
`
`Determine
`
`Priority Level
`
`Determine
`
`222
`
`
`
`
`
`Notify Flag
`Alert Component
`
`
`
`224
`
`226
`
`228
`
`Select & Display
`Banner
`
`Record Event, Time,
`& Banner Display
`
`Increment
`
`Banner Count
`
`Banner Category
`230 Banners
`
`No
`
`Expired
`9
`
`
`
`
`
`Move to Next
`Set of Banners
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 19 of 32 PageID 19
`Case 2:12—cv—O2782—JPM—cgc Document 1 Filed 09/10/12 Page 19 of 32 Page|D 19
`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 13 of 14
`
`US 6,628,314 B1
`
`FIG 13
`
`236
`
`Access Version Numbers for
`
`in Client Application
`
`each Upgradable Component
`
`238
`
`Component(s) Needed
`
`246
`
`Determine New
`
`Generate
`
`Current
`Blueprint
`
`
`
`240
`
`Access updated
`
`New
`
`Pass Control to
`
`
`Auxiliary Module
`
`Server 252
`Blueprint from ADM
`
`
`Execution
`
`
`Builder Module
`
`Needed
`
`?
`
`Terminate Builde
`
` Is Updated
`Blueprint Equal
`to current
`Blueprint ?
`
`254
`
`
`
`
`Download and Install
`New Component(s)
`
`250
`
`Yes
`
`No Upgrading
`Necessary
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 20 of 32 PageID 20
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`
`U.S. Patent
`
`Sep. 30, 2003
`
`Sheet 14 of 14
`
`US 6,628,314 B1
`
`FIG. 14
`
`256
`
`Access Updated
`Blueprint ID
`from ADM Server
`
` Updated
`ID equal to
`current ID
`
`Yes
`
`
`
`260
`
`No upgrading
`Necessary
`
`
`
`
`?
`
`Send Current
`
`
`
`ID to ADM Server
`
`Download & Install
`
`Updated Component(s)
`
`

`
`Case 2:12-cv-02782-JPM-cgc Document 1 Filed 09/10/12 Page 21 of 32 PageID 21
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`
`US 6,628,314 B1
`
`1
`COMPUTER INTERFACE METHOD AND
`APPARATUS WITH TARGETED
`ADVERTISING
`
`CROSS-REFERENCE TO RELATED
`APPLICATION
`
`This application is a divisional of U.S. Ser. No. 09/118,
`351, filed Jul. 17, 1998, now U.S. Pat. No. 6,141,010.
`
`TECHNICAL FIELD
`
`This invention relates in general to user interfaces for
`accessing computer applications and information resources
`and, in particular, to user interfaces that provide advertising
`obtained over a global computer network such as the Inter-
`net.
`
`BACKGROUND OF THE INVENTION
`
`The continuing expansion of the Internet and other private
`and semi-private networks has led to the now widespread
`practice of electronic distribution of software to end users,
`whether as freeware, shareware, or fully paid-up licensed
`software. Traditionally, freeware programs have generally
`been small, unsupported single-purpose programs that are of
`limited use. Since no income was derived from these
`
`programs, there was little incentive for the creators of this
`type of software to undertake major development efforts.
`More recently, however, a new type of free software has
`emerged which, while free to end users, does provide
`income to the creator of the software via advertising incor-
`porated into the software. This is of benefit both to the end
`user and advertiser, as the end user obtains useful software
`at no cost and the advertiser gets advertising exposure for its
`products or services. One well known example of this type
`of arrangement is in push technology products, such as
`PointcastTM, which permits a user to receive and display
`broadcasted information over
`the Internet. Using this
`software, new advertising is periodically received along
`with various requested types of news information (e.g.,
`financial, business, sports) and is stored locally on the user’s
`computer for later retrieval and display by the program.
`The new advertising medium provided by the Internet has
`a number of significant advantages for advertisers. First, the
`users of the software within which the advertising is placed
`have, on average, much more disposable income to spend on
`products and services than the average user of other tradi-
`tional advertising media, such as television or print. Second,
`the advertising can, in some instances, be targeted in various
`ways, such as demographically or reactively. An example of
`the latter of these is in push technology where the user
`requests certain types of information and this request is used
`to select the type of advertisement sent to the user along with
`the requested content. Third, the advertising can not only
`include audio and video elements as well as simple visual
`elements, but can also be interactive. For example, by
`clicking on the advertisement, the user can be provided with
`additional
`information about
`the advertised products or
`services and can even be given the opportunity to purchase
`the products or services electronically.
`One of the most common methods of advertising via the
`Internet is through the use of links (e.g., URLs) embedded
`within web pages. By using embedded links, the advertise-
`ments need not be located on the same server as the web
`
`pages themselves. When the web page is loaded or reloaded,
`the advertising server is accessed to obtain a new advertise-
`ment which is incorporated into the web page displayed on
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`the user’s screen. These advertisements are simple graphical
`images (such as animated gifs) that are retrieved from the
`advertising server along with an associated link to additional
`information about the advertised product or service. While
`this permits new advertising to be displayed each time a web
`page is loaded or refreshed, and while this allows geographi-
`cally unlimited advertising, it at most permits targeting of
`the advertisement based upon the type of information con-
`tained in the web page. Moreover, access to a new adver-
`tisement is only available during the period of time that the
`client computer is connected to the Internet.
`Currently-available computer programs that incorporate
`advertising into their user interface include the necessary
`programming built
`into the software itself. That
`is,
`the
`various parameters relating to the presentation of the adver-
`tisement is pre-determined and programmed into the soft-
`ware. These parameters may include such things as where on
`the screen the advertisement is displayed, the display size,
`the duration of display, the number of times a particular
`advertisement is displayed, the conditions under which a
`particular advertisement is to be displayed, the type of action
`taken upon a user clicking on the advertisement, and so
`forth. One problem with these currently available programs
`is that these parameters can only be changed by replacement
`of the entire program with an updated, revised version,
`making it difficult to respond to desired changes in adver-
`tising approaches.
`the
`To provide demographically-targeted advertising,
`advertiser or distributor of the advertising must obtain
`demographic data on its end users. Perhaps the most com-
`mon way to acquire demographic data regarding users via
`the Internet is to request the information using a form written
`in html (HyperText Markup Language) and provided to the
`user over
`the World-Wide Web
`using http
`(HyperText Transfer Protocol). This is sometimes done as a
`prerequisite to allowing the user access to information
`resources or download software from a particular web site.
`While authentication of demographic information obtained
`this way is difficult and rarely done, it has been found that
`end users typically provide accurate demographic data in
`return for free download access to software. Furthermore,
`studies have shown that while people are concerned about
`privacy issues and, in particular, do not wish to provide
`specific information that identifies them (such as their name,
`address, or Social Security number), they generally do not
`mind providing demographic information, nor do they mind
`monitoring of their computer usage as long as their usage is
`not associated with any specific information that could be
`used to identify them.
`Various other arrangements have been suggested for
`obtaining and reporting information about an end user over
`a computer network such as the Internet. For example, U.S.
`Pat. No. 5,724,521 to Dedrick discloses an electronic adver-
`tising system in which a user profile is created and trans-
`ferred to a metering server where it is used along with other
`end user profiles to charge advertiser’s according to a
`consumer scale. The profile data is also used by the metering
`server to select advertisement titles that are sent to the end
`
`user for viewing at the request of the end user. When a user
`requests an advertisement, the metering server sends the
`advertisement to the end user, charges the advertiser, and
`provides the advertiser with profile data on that end user. The
`system can include client-side software which acquires and
`compiles information concerning the user’s interaction with
`the advertising or other content provided by the metering
`server.
`
`U.S. Pat. No. 5,732,218 to Bland et al. discloses a system
`for gathering data concerning an end-user’s access to infor-
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`US 6,628,314 B1
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`3
`mation resources and reporting the data back to the servers
`that contain the information resources. Data gathering at the
`client is accomplished using an applet, plug-in, or other
`browser extension that acquires the data and then reports
`that data to those servers accessed by the client, either
`periodically or in response to a specific request by the
`servers. In this way, the servers being accessed for their
`information resources get reported back to them information
`concerning the end-user’s use of that information. Limited
`demographic information (e.g.,
`time zone,
`locale, client
`hardware) can be included in this reporting as well.
`One of the disadvantages of prior art systems that acquire
`data regarding an end-user’s computer usage is that they are
`generally limited to gathering information concerning only
`certain limited uses of the computer. For example, in Bland
`et al., the focus of the gathering and use of end-user data is
`in the user’s interaction with web pages, whether over the
`Internet or otherwise. Similarly, in Dedrick, the compilation
`of data is directed to interaction between the end-user and
`the advertising or other content provided by the metering
`server itself. By limiting the reported data in this manner, it
`is difficult to develop accurate profiles for the individual
`users that are useful in targeting the advertising.
`U.S. Pat. No. 5,347,632 to Filepp et al. discloses a
`reception system in which both user demographics and
`individual system usage information can be used to target
`advertising. However,
`this information is used to select
`which advertisements are to be placed into an advertisement
`queue from which advertisements are then accessed, appar-
`ently in the order in which they were placed in the queue.
`Thus, this system permits targeting of advertising generally,
`but does not provide real time targeting of advertising based
`upon user actions.
`Except as may be explicitly indicated otherwise,
`following definitions shall apply:
`computer—An apparatus having a processing device that is
`capable of executing instructions.
`computer usage information—Data concerning a person’s
`use of a computer, including such things as what programs
`they run, what information resources they access, what
`time of day or days of the week they use the computer, and
`so forth.
`
`the
`
`links,
`
`for example,
`data set—A group of data items;
`keywords, or entries in an address book.
`display object—Data capable of display by a computer,
`including graphical images as well as multimedia presen-
`tations or other display data that includes audio in addi-
`tion to visually-perceived data.
`graphical
`image—Visually-perceived data stored in a
`graphic format (e.g., jpeg, gif, bmp, tiff, pcx, etc.), includ-
`ing electronically-reproduced photographs, graphics,
`animations, icons, and textual messages.
`information resource—A source of information stored on a
`
`server or other computer that is accessible to other com-
`puters over a network.
`keyword—A textual data item used in locating related
`sources of information
`link—A data item that identifies the location or address of a
`
`program or information resource. A URL is a link, as is a
`path and filename of an information resource.
`non-volatile data storage device—A memory device that
`retains computer-readable data or programming code in
`the absence of externally-supplied power, including such
`things as a hard disk or a floppy disk, a compact disk
`read-only memory (CDROM), digital versatile disk
`(DVD), magneto-optical disk, and so forth.
`program component—A set of instructions stored in a file in
`computer-readable format, whether as object code or
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`source code, and whether written in a compiled language,
`in byte code (such as Java”), or in a scripting or other
`interpreted language.
`program module—One or more related program compo-
`nents.
`
`program—One or more related program modules.
`reactively—in response to some type of user input, such as
`a mouse click on a particular user application or on a link
`to an information resource
`
`server—A computer on a network that answers requests for
`information.
`
`software application—A program and associated libraries
`and other
`files;
`for example,
`a word processing
`application, a spreadsheet application, or a personal infor-
`mation management application.
`SUMMARY OF THE INVENTION
`
`In accordance with one aspect of the present invention
`there is provided an apparatus for use by a computer to
`provide a user of the computer with access to information
`resources via the Internet or otherwise. The apparatus com-
`prises a non-volatile data storage device with first and
`second program modules stored on the non-volatile storage
`device. The first program module is operable upon execution
`to display a graphical user interface comprising a window
`separated into a number of regions, with a first one of the
`regions including a number of user-selectable items, at least
`some of which are each associated with a different data set.
`
`The data sets are each representative of a different category
`of information (e.g., financial, news, sports, etc.) and each of
`the data sets comprise a number of user-selectable links to
`different information resources. For example, the data sets
`can be groups of related URLs, whereby the information
`resources comprise web pages accessible via the Internet. A
`second one of the regions comprises an information display
`region which can display such things as banner advertise-
`ments. The second program module is operable upon execu-
`tion to select
`informational data to be displayed in the
`information display region. The first program module is
`operable in response to selection of a first one of the links to
`provide the user with access to its associated information
`resource and to notify the second program module of the
`selection of that first link. The second program module is
`operable in response to notifications from the first program
`module to select the informational data to be displayed from
`among a larger amount of informational data, and the second
`program module is further operable to store statistical data
`regarding the display of the selected informational data. This
`permits targeting of banner advertisements based upon the
`type of link (financial, news, sports, etc.) selected by the
`user.
`
`In accordance with another aspect of the invention, there
`is provided a computer-readable memory for use by a
`computer to provide a user of the computer with an
`automatically-upgradeable software application. The com-
`puter readable memory comprises a non-volatile data stor-
`age device and a program that is separated into a plurality of
`program modules that are stored on the non-volatile data
`storage device. Some or all of the program modules have at
`least one version identifier associated with them. One of the
`
`program modules is operable upon execution to access the
`stored version identifier(s) and at least one updated version
`identifier from a server via a global public network such as
`the Internet. These updated version identifier(s) represent
`updated program modules accessible from a server via the
`public network. This program module is further operable to
`download one or more updated program modules when the
`
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`US 6,628,314 B1
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`5
`stored version identifier and the updated version identifier
`are different, with the updated program module(s) replacing
`one or more of the program modules. In this way, software
`upgrades can be carried out automatically without any user
`action required. Also, upgrading can be accomplished with-
`out having to download and install
`the entire software
`package.
`In accordance with another aspect of the invention, a
`method is provided for supplying demographically-targeted
`advertising to a computer user. The method includes the
`steps of:
`is accessible via a computer
`providing a server that
`network such as the Internet,
`permitting a computer user to access the server via the
`computer network,
`acquiring demographic information about the user (which
`includes information specifically provided by the user
`in response to a request
`for
`the demographic
`information),
`providing the user with download access to computer
`software that, when run on a computer, displays adver-
`tising content, records computer usage information
`concerning the user’s utilization of the computer, and
`periodically requests additional advertising content,
`transferring a copy of the software to the computer in
`response to a download request by the user,
`providing a unique identifier to the computer, with the
`identifier uniquely identifying information sent over
`the computer network from the computer to the server,
`associating the unique identifier with demographic infor-
`mation in a database,
`selecting advertising content for transfer to the computer
`in accordance with the demographic information asso-
`ciated with the unique identifier,
`transferring the advertising content from the server to the
`computer for display by the program,
`periodically acquiring the unique identifier and the com-
`puter usage information recorded by the software from
`the computer via the computer network, and
`associating the computer usage information with the
`demographic information using the unique identifier.
`In accordance with yet another aspect of the invention,
`there is provided a computer-readable memory for use by a
`computer to provide a user of the computer with targeted
`information. The memory comprises a non-volatile data
`storage device and a program stored thereon. The program
`is operable upon execution to display a window containing
`an information display region. The program is also operable
`to select and display informational data (such as a banner
`advertisement) in the information display region. The infor-
`mational data comprises a plurality of display objects with
`at least some of the display objects each having a data set
`associated therewith. The data sets each include one or more
`
`of the following data items:
`a category identifier that indicates a category of informa-
`tion to which the associated display object relates,
`wherein the program is operable in response to receiv-
`ing user input relating to one of the categories of
`information to display in the information display region
`a display object having an associated category identifier
`that relates to that one category of information;
`a software application identifier that identifies a software
`application that may be accessible to the user via the
`computer, wherein the program is