Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 1 of 20 PageID #: 396
`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 1 of 20 PagelD #: 396
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`EXHIBIT 4
`EXHIBIT 4
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 2 of 20 PageID #: 397
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`Claim 1
`1. A method implemented using a
`hardware computer system programmed
`to provide collected profiles
`comprising:
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`(a) responsive to receiving profile
`information about a visitor who
`electronically accessed equipment of a
`profile supplier, with the computer
`system automatically selecting an
`electronic-advertising-space-controlling
`entity that has identified a URL, which
`selection is based on a comparison of
`the profile information received about
`the visitor with a previously received
`request for specific profiles or kinds of
`profiles of interest to the entity, which
`request is stored in the computer
`system;
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`Exhibit 4 - U.S. Patent No. 8,589,210 (“’210 Patent”)
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`Lotame’s Infringement
`Lotame (for example, through its Accused Instrumentalities) performs a method implemented
`using a hardware computer system programmed to provide collected profiles.
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`See, e.g., evidence and analysis for claim limitations (a)-(e) below.
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`In the method performed by Lotame, Lotame’s computer system automatically (and responsive to
`receiving profile information about a visitor who electronically accessed equipment of a profile
`supplier) selects an electronic-advertising-space-controlling entity that has identified a URL,
`which selection is based on comparison of the profile information received about the visitor with
`a previously received request for specific profiles or kinds of profiles of interest to the entity,
`which request is stored in Lotame’s computer system.
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`For example, Lotame (e.g., through its Accused Instrumentalities) receives profile information
`about visitors who electronically accessed equipment of a profile supplier (such as, e.g., data
`provider partners) by onboarding data through at least Data Stream and Data Exchange. In
`response, Lotame will automatically select an electronic-advertising-space-controlling entity
`(such as an advertiser, DSP, publisher, ad network, or ad exchange) based on a comparison of the
`profile information at issue to a previously-received request for profile information (such as, e.g.,
`the entity’s requests for filtered profile information, e.g., by “data source, geography, and
`beyond”). The identified URL may be, for example, a URL of a server controlled by the entity,
`such that Lotame’s Accused Instrumentalities can communicate with the server such that the
`entity can obtain profile information related to the visitors with appropriate profile information.
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`See, e.g., https://www.lotame.com/products/data-stream/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 3 of 20 PageID #: 398
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 4 of 20 PageID #: 399
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 5 of 20 PageID #: 400
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`; https://www.lotame.com/lotame-data-exchange/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 6 of 20 PageID #: 401
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` https://www.lotame.com/identity-partners/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 7 of 20 PageID #: 402
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`; https://www.lotame.com/solutions-data-marketplace-sellers/:
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` https://www.lotame.com/data-marketplace-buyers/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 8 of 20 PageID #: 403
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`https://resources.lotame.com/hubfs/2020%20Lotame.com/Lotame_Panroama_CustomAudienceC
`reation.pdf:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 9 of 20 PageID #: 404
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` https://my.lotame.com/t/35hxvna/lt-js-implementation-faqs#how-do-i-make-sure-that-the-
`newest-lotame-audiences-are-included-in-my-ad-calls
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`(b) with the computer system
`automatically arranging for electronic
`storage of a tag that is associated with
`the visitor and that is readable by
`electronic-advertising-space-controlling
`equipment, controlled by the selected
`entity, which equipment is accessible
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`Lotame automatically arranges, with the computer system, for electronic storage of a tag that is
`associated with the visitor and that is readable by electronic-advertising-space-controlling
`equipment, controlled by the selected entity, which equipment is accessible via a domain
`specified in the URL identified by the selected entity.
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`For example, Lotame (e.g., through its Accused Instrumentalities) will arrange for placement of a
`tag (such as a tag having a Lotame or other ID) and readable by equipment accessible via the
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 10 of 20 PageID #: 405
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`via a domain specified in the URL
`identified by the selected entity;
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`domain specified in the URL identified by the selected entity, which may be done via a cookie
`synchronization procedure.
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`See, e.g., https://my.lotame.com/t/m1hthxq/user-id-syncing-with-sync-js-developer-guide:
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`; https://www.lotame.com/legal/definitions/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 11 of 20 PageID #: 406
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`; https://my.lotame.com/t/p8yyptf/use-case-lotame-data-exchange:
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`https://github.com/Lotame/DataStream_Cookbook/tree/master/Recipes/Convert_Files_Into_JSO
`N_And_CSV:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 12 of 20 PageID #: 407
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`(c) after parts (a) and (b), with the
`computer system electronically
`receiving a report from the selected
`entity containing information about
`usage of profile data about the visitor,
`including the profile information
`received in part (a), in association with
`an electronic access by the computer of
`the profiled visitor to the equipment of
`the selected entity;
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`Lotame, after performing the steps recited in limitations (a) and (b) above, electronically receives
`with the computer system a report from the selected entity (such as, e.g., the DSP) containing
`information about usage of profile data about the visitor, including the profile information
`received in limitation (a), in association with an electronic access by the computer of the profiled
`visitor to the equipment of the selected entity.
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`For example, when the computer of the profiled visitor accesses the equipment of the selected
`entity (e.g., by accessing a website that triggers an ad impression event), the entity may use the
`profile information recited in limitation (a) to customize content to the visitor, such as targeting
`an advertisement. Pursuant to the agreement with Lotame, Lotame (e.g., through its Accused
`Instrumentalities) will receive a report about what profile information was used so that the entity
`can be appropriately charged for data usage.
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 13 of 20 PageID #: 408
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`See, e.g.,
`https://resources.lotame.com/hubfs/2020%20Lotame.com/Lotame_Panroama_CustomAudienceC
`reation.pdf:
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`; https://www.lotame.com/data-marketplace-buyers/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 14 of 20 PageID #: 409
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`; https://my.lotame.com/t/m1hh37x/lt-js-google-ad-manager-guide:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 15 of 20 PageID #: 410
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`(d) based on the report, with the
`computer system recording an amount
`owed by the selected entity for usage of
`the profile data; and
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`Lotame, based on the report, records an amount owed by the selected entity for usage of the
`profile data with the computer system.
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`For example, Lotame (e.g., through its Accused Instrumentalities) will use the report recited in
`limitation (c) to calculate an amount owed by the entity so that the entity can be appropriately
`billed.
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`See, e.g., the evidence cited above with respect to limitation (c);
`https://my.lotame.com/t/35hxvna/lt-js-implementation-faqs#how-do-i-make-sure-that-the-newest-
`lotame-audiences-are-included-in-my-ad-calls
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 16 of 20 PageID #: 411
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`; https://my.lotame.com/t/m1hh37x/lt-js-google-ad-manager-guide:
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`(e) with the computer system
`calculating fees owed to a plurality of
`profile suppliers based on respective
`contributions of said profile suppliers to
`the profile data identified in the report
`as having been used.
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`Lotame, with the computer system, calculates fees owe to a plurality of profile suppliers based on
`respective contributions of said profile suppliers to the profile data identifies in the report as
`having been used.
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`For example, Lotame (e.g., through its Accused Instrumentalities) will use reports of data usage
`to calculate payments to profile suppliers / data sellers, based on the respective contributions of
`those profile suppliers to the profile data used by various entities.
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 17 of 20 PageID #: 412
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`See, e.g., https://www.lotame.com/data-sellers/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 18 of 20 PageID #: 413
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` https://www.lotame.com/solutions-data-marketplace-sellers/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 19 of 20 PageID #: 414
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`; https://www.lotame.com/data-marketplace-buyers/:
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`Case 1:24-cv-00376-MN Document 16-4 Filed 07/11/24 Page 20 of 20 PageID #: 415
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