Case 1:22-cv-01540-MN Document 53 Filed 10/25/22 Page 1 of 5 PageID #: 1273
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ALMONDNET, INC.,
`Plaintiff,
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`-v-
`ROKU, INC.,
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`Defendant.
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`ALMONDNET, INC., INTENT IQ,
`LLC,
`Plaintiffs,
`
`-v-
`ADGEAR TECHNOLOGIES INC.,
`SAMSUNG ELECTRONICS
`AMERICA, INC. F/K/A SAMSUNG
`TELECOMMUNICATIONS
`AMERICA LLC,
`SAMSUNG ELECTRONICS CO.,
`LTD.,
`Defendants.
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`ALMONDNET, INC., INTENT IQ,
`LLC,
`Plaintiff,
`
`-v-
`META PLATFORMS, INC. F/K/A
`FACEBOOK, INC.,
`Defendant.
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`ALMONDNET, INC., INTENT IQ,
`LLC,
`Plaintiff,
`
`-v-
`MICROSOFT CORPORATION,
`Defendant.
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`6:21-CV-00876-ADA
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`6:21-CV-00891-ADA
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`6:21-CV-00896-ADA
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`6:21-CV-00897-ADA
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`Case 1:22-cv-01540-MN Document 53 Filed 10/25/22 Page 2 of 5 PageID #: 1274
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`ALMONDNET, INC., INTENT IQ,
`LLC,
`Plaintiff,
`
`-v-
`AMAZON.COM, INC.,
`AMAZON.COM SERVICES LLC,
`AMAZON WEB SERVICES, INC.,
`Defendants.
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`6:21-CV-00898-ADA
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`ORDER APPOINTING TECHNICAL
`ADVISOR
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`The Court finds that the technology in the above-captioned cases warrants the
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`appointment of a technical advisor. These cases involve U.S. Patent No. 7,822,639, which
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`is entitled “Added- revenue off-site targeted internet advertising,” U.S. Patent No.
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`7,979,307, which is entitled “Method and stored program for accumulating descriptive
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`profile data along with source information for use in targeting third-party advertisements,”
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`U.S. Patent No. 8,200,822, which is entitled “Media properties selection method and system
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`based on expected profit from profile- based ad delivery,” U.S. Patent No. 8,244,582, which
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`is entitled “Method and stored program for accumulating descriptive profile data along with
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`source information for use in targeting third-party advertisements,” U.S. Patent No.
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`8,244,586, which is entitled “Computerized systems for added- revenue off-site targeted
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`internet advertising,” U.S. Patent No. 8,566,164, which is entitled “Targeted online
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`advertisements based on viewing or interacting with television advertisements,” U.S. Patent
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`No. 8,671,139, which is entitled “Media properties selection method and system based on
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`expected profit from profile-based ad delivery,” U.S. Patent No. 8,677,398, which is
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`entitled “Systems and methods for taking action with respect to one network-connected
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`Case 1:22-cv-01540-MN Document 53 Filed 10/25/22 Page 3 of 5 PageID #: 1275
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`along with source information for use in targeting third-party advertisements,” U.S. Patent
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`No. 8,959,146, which is entitled “Media properties selection method and system based on
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`expected profit from profile-based ad delivery,” U.S. Patent No. 9,508,089, which is entitled
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`“Method and systems for directing profile-based electronic advertisements via an
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`intermediary ad network to visitors who later visit media properties,” U.S. Patent No.
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`9,830,615, which is entitled “Electronic ad direction through a computer system controlling
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`ad space on multiple media properties based on a viewer's previous website visit,” U.S. Patent
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`No. 10,321,198, which is entitled “Systems and methods for dealing with online activity
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`based on delivery of a television advertisement,” and U.S. Patent No. 10,715,878, which is
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`entitled “Targeted television advertisements based on online behavior. All asserted patents
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`are directed towards various aspects of electronic advertisements.
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`The ’639, ’307, ’822, ’582, ’586, ’164, ’249, ’089, and ’615 Patents are classified in
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`the field of “Data Processing Systems or Methods, Specially Adapted for Administrative,
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`Commercial, Financial, Managerial, Supervisory or Forecasting Purposes; Systems or
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`Methods Specially Adapted for Administrative, Commercial, Financial, Managerial,
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`Supervisory or Forecasting Purposes, Not Otherwise Provided for.” The ’139 and ’146
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`Patents are classified in the field of “Electric Digital Data Processing.” The ’398, ’198, and
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`’878 Patents are classified in the field of Pictorial Communication, e.g., Television.”
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`The specifications of the ’307, ’582, and ’249 Patent describes that “the present
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`invention relates to a mercantile method directed to brokerage of attributes of information.”
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`See, e.g., ’307 Patent at 1:25–27. The specifications of the ’822, ’089, ’615, ’139 and ’146
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`Patent describes that “the present invention relates to electronic advertisement placement
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`based on expected profit from the placement.” See, e.g., ’822 Patent at 1:21–23. The
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`Case 1:22-cv-01540-MN Document 53 Filed 10/25/22 Page 4 of 5 PageID #: 1276
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`specifications of the ’639 and ’586 Patents describe that “the present invention relates to
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`expanding the revenue from information capacity of the information-media contents.” See,
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`e.g., ’639 Patent at 1:25–27. The specifications of the ’398 and ’878 Patents describe that “the
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`present invention relates to targeted television advertisements based on observed online (i.e.,
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`Internet) behavior of a television viewer without employing personally identifiable
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`information.” See, e.g., ’398 Patent at 1:19–21. The specifications of the ’164 and ’198
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`Patents describe that “the present invention relates to targeted online advertisements based on
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`observed viewing of or interacting with a television advertisement by a television viewer.”
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`See, e.g., ’164 Patent at 1:7–10.
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`Full appreciation of
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`the parties’ upcoming arguments requires a detailed
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`understanding of electrical engineering or computer science.1 The Court hereby appoints Dr.
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`Joshua J. Yi to serve as the Technical Advisor for the Court in this case. Given his
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`background and qualifications, the Court is satisfied that Dr. Yi’s appointment pursuant to the
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`terms of this Order would assist the Court in this case. Dr. Yi’s contact information is as
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`follows:
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`
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`Dr. Joshua J. Yi
`13492 Research Blvd; Ste. 120 – #445
`Austin, TX 78750-2254
`E-mail: josh@joshuayipatentlaw.com
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`The parties shall send courtesy copies of the following documents no later than
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`one business day after the date of this order or after the last document in the following list is
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`filed:
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`(1) Briefs, joint claim construction statement, and patents: In paper form,
`double- sided, stapled or bound (e.g., 3-ring), to the mailing address above,
`(2) Briefs, exhibits, joint claim construction statement, patents, and
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`1 This is not a ruling on the skill level of a person of ordinary skill in the art.
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`Case 1:22-cv-01540-MN Document 53 Filed 10/25/22 Page 5 of 5 PageID #: 1277
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`tutorial: In electronic form, on a USB drive, to the mailing address above,
`(3) Word version of the joint claim construction statement: Via e-mail to the
`above email address.
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`If the document was filed with the Court, the copy must include the CM/ECF header.
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`Dr. Yi will assist the Court with technical issues related to the claim construction
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`process and advise the Court regarding preliminary and final claim constructions. Dr. Yi
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`may also assist the Court in drafting a claim construction order.
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`Finally, depending on the needs of the case, Dr. Yi may also assist the Court with
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`motions for summary judgment, Daubert motions, trial preparation and rulings, post-trial
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`motions, and any other Court task that requires an appreciation of the complex technology
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`included in the asserted patents.
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`The parties are ORDERED to notify the Court of any conflicts with Dr. Yi within 7
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`days of this order.
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`SIGNED this 25th day of October, 2022.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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