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Bid for Position, LLC v. Aol, LLC

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Published opinion

Before NEWMAN, BRYSON, and MOORE, Circuit Judges.

Plaintiff Bid for Position, LLC, appeals from a final judgment of noninfringement entered in its patent infringement suit against defendants Google, Inc., and AOL, LLC. The patent-in-suit, U.S. Patent No. 7,225,151 B1, describes a method for conducting a continuous auction, such as a consumers’ auction on the internet for goods or services, or a vendors’ auction for positions in an internet advertising display. The claimed method allows a bidder to select a position of priority in the auction and automatically adjusts the bidder’s bid so as to maintain that chosen priority status. The accused system is Google’s internet advertising system, AdWords, which runs continuous auctions to determine the placement of advertisements on Google’s search results pages.*fn1

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