Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 1 of 18
`Case 1:19-cv-11278—RGS Document 24-2 Filed 09/13/19 Page 1 of 18
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`EXHIBIT D
`
`EXHIBIT D
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 2 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`
`Athenahealth directly infringes the method claims of U.S. Patent No. 7,069,293 by developing, distributing, and operating software
`applications available to its customers for deployment through its offering of cloud-based desktop, browser, and mobile applications. The
`software applications are installed and run on athenahealth servers and instances of the application or application’s execution are provided to
`customers, thus performing each of the claimed steps. Athenahealth directly infringes the system and apparatus claims by making, using,
`selling, and offering to sell its athenahealth software client to make various software applications available to its customers.
`
`
`Athenahealth
`Athenahealth practices a method for distribution of application programs to a target on-demand server on a network including the
`following executed on a centralized network management server coupled to the network.
`
`For example, athenahealth is in the business of providing cloud-based services in the health care domain to medical groups,
`practices (practitioners), and hospitals. It provides solutions for electronic health records, medical billing, messaging, patient
`engagement, etc. It provides a suite of cloud-based services, e.g., athenaNet and athenaOne, which include, for example,
`athenaClinicals, athenaCollector, and athenaCommunicator.
`
`The following citations show that athenahealth offers various healthcare solutions like athenaNet, which are distributed to on-
`demand servers (e.g., production servers) so that athenaNet application updates, patches, etc. are then made available to users (e.g.,
`healthcare providers).
`
`Claim
`1pre. A method
`for distribution of
`application
`programs to a
`target on-demand
`server on a
`network
`comprising the
`following
`executed on a
`centralized
`network
`management
`server coupled to
`the network:
`
`
`
`1
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 3 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Source: http://www.athenahealth.com/
`
`
`Source: https://athenanet.athenahealth.com/1/1/login.esp
`
`
`
`
`
`2
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 4 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Source: http://www.athenahealth.com/videos/athenaclinicals (0:15)
`
`
`Source: https://www.athenahealth.com/~/media/athenaweb/files/pdf/athenahealth_tech_requirements
`
`
`
`
`
`3
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 5 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`
`
`
`
`
`
`
`
`Source: https://www.athenahealth.com/content/how-does-athenahealth-handle-patch-process#
`Athenahealth practices a method that includes providing an application program to be distributed to the network management
`server.
`
`For example, the following citations show that athenaNet is a web-based application hosted on a central athenahealth server and
`provided to one or more production servers. New versions are distributed whenever there is an update, hotfix, patch, etc. to be
`delivered to users.
`
`
`
`1a. providing an
`application
`program to be
`distributed to the
`network
`management
`server;
`
`4
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 6 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Source: https://www.athenahealth.com/~/media/athenaweb/files/pdf/athenahealth_tech_requirements
`
`
`
`
`
`
`Source: https://www.athenahealth.com/content/how-does-athenahealth-handle-patch-process#
`
`
`
`
`
`
`
`
`
`5
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 7 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`
`Source: https://www.sec.gov/Archives/edgar/data/1131096/000095012309068087/b78346exv99w1.htm (Page 77)
`Athenahealth practices a method that includes specifying a source directory and a target directory for distribution of the application
`program.
`
` A
`
` source directory and a target directory are specified in order to distribute files associated with the web based application program
`from a central server to a production server. File I/O operations between servers involve a source directory and a target directory.
`
`Athenahealth practices a method of preparing a file packet associated with the application program and including a segment
`configured to initiate registration operations for the application program at the target on-demand server.
`
`For example, as shown in the citations below, athenahealth provides athenaNet application updates and fixes to production servers
`to make them available for use. A user must be logged into an athenaNet online session before the update process can execute,
`which involves an exchange of authentication information between endpoints (e.g., production servers) and users. Thus, at least one
`
`6
`
`1b. specifying a
`source directory
`and a target
`directory for
`distribution of the
`application
`program;
`1c. preparing a file
`packet associated
`with the
`application
`program and
`including a
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 8 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`file packet held by the athenaNet production server must be capable of evaluating or validating user credentials to facilitate an
`athenaNet session login before an athenaNet update process can initiate (e.g., a file packet having a segment configured to initiate
`registration operations).
`
`
`
`Claim
`segment
`configured to
`initiate registration
`operations for the
`application
`program at the
`target on-demand
`server; and;
`
`
`
`
`
`
`
`Source: https://www.athenahealth.com/content/how-does-athenahealth-handle-patch-process#
`
`
`
`
`
`
`
`7
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 9 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Source: https://developer.athenahealth.com/docs/read/reference/auth
`Athenahealth practices a method of distributing the file packet to the target on-demand server to make the application program
`available for use by a user at a client.
`
`Refer to 1c.
`
`In addition, for example, if a user is successfully logged into an athenaNet session, the production server is able to make updates,
`fixes, patches, etc. to the athenaNet software available for use by users.
`
`
`
`1d. distributing the
`file packet to the
`target on-demand
`server to make the
`application
`program available
`for use by a user at
`a client.
`
`Source: https://athenanet.athenahealth.com/1/1/login.esp
`
`
`
`8
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 10 of 18
`
`
`
`Claim
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Source: https://www.athenahealth.com/content/how-does-athenahealth-handle-patch-process#
`
`
`
`
`
`
`Source: https://developer.athenahealth.com/docs/read/reference/auth
`Athenahealth practices the method of claim 1, where the segment configured to initiate registration operations includes an import
`data file and a call to an import program executing on the target on-demand server to install and register the file packet associated
`with the application program on the target on-demand server in a manner that makes it recognized and available to the user at the
`client.
`
`Refer to claim 1c-1d.
`
`
`3. A method
`according to
`claim 1 wherein
`the segment
`configured to
`initiate
`registration
`operations
`includes an
`import data file
`and a call to an
`import program
`executing on the
`target on-demand
`server to install
`and register the
`file packet
`associated with
`
`9
`
`

`

`
`
`Claim
`the application
`program on the
`target on-demand
`server in a
`manner that
`makes it
`recognized and
`available to the
`user at the client.
`4. A method
`according to
`claim 3 wherein
`registration
`operations
`include
`maintaining at the
`target on-demand
`server a profile
`management list
`identifying
`application
`programs
`available for use
`by the user and
`wherein the
`method further
`comprises
`updating the
`profile
`management list
`at the target on-
`demand server to
`make the
`application
`program available
`for use by the
`user.
`
`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 11 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Athenahealth practices the method of claim 3, where registration operations include maintaining at the target on-demand server a
`profile management list identifying application programs available for use by the user and where the method further includes
`updating the profile management list at the target on-demand server to make the application program available for use by the user.
`
`Refer to claim 3.
`
`In addition, athenahealth’s production servers are capable of maintaining and updating a list of profiles that associates individual
`users with authorized applications, to prevent users from accessing application functionality or content that they have not purchased
`or obtained with athenahealth’s consent.
`
`Source: https://athenanet.athenahealth.com/1/1/login.esp
`
`
`
`10
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 12 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`
`
`
`
`Claim
`
`Source: http://www.athenahealth.com/videos/athenaclinicals (0:15)
`Athenahealth practices the method of claim 4, where the profile management list includes a designation of authorized users for
`application programs identified in the profile management list.
`
`Refer to claim 4.
`
`
`
`
`5. A method
`according to
`claim 4 wherein
`the profile
`management list
`includes a
`designation of
`authorized users
`for application
`programs
`identified in the
`profile
`management list.
`
`11
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 13 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`Athenahealth practices the method of claim 1, where distributing the file packet is preceded by executing a pre-distribution program
`at the network management server.
`
`Refer to claim 1pre-1d.
`
`In addition, for example, athenaNet updates and patches are pre-distributed onto a set of production servers prior to being made
`available for registration and use.
`
`
`
`Claim
`8. A method
`according to
`claim 1 wherein
`distributing the
`file packet is
`preceded by
`executing a pre-
`distribution
`program at the
`network
`management
`server.
`
`
`
`
`
`
`
`
`
`
`9. A method
`according to
`claim 8 wherein
`
`Source: https://www.athenahealth.com/content/how-does-athenahealth-handle-patch-process#
`Athenahealth practices the method of claim 8, where executing a pre-distribution program includes determining an environment for
`the application program that exists on the target on-demand server.
`
`
`
`
`12
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 14 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Athenahealth
`
`Refer to claim 8.
`
`In addition, for example, the process by which athenahealth rolls outs athenaNet updates and patches includes the capability to
`evaluate the application’s computing environment (e.g., hardware, operating system, browser) on the production server to ensure
`that it is compatible with the user’s computing environment.
`
`Source: https://www.athenahealth.com/content/how-does-athenahealth-handle-patch-process#
`
`
`
`Claim
`executing a pre-
`distribution
`program includes
`determining an
`environment for
`the application
`program that
`exists on the
`target on-demand
`server.
`
`
`
`
`
`Claim
`10. A method according to claim 9 wherein preparing a file packet includes including a selected version of an
`application launcher in the file packet, the selected version being selected based on the determined environment.
`
`12pre. An application program distribution system for distributing application programs to a target on-demand
`server on a network executing on a centralized network management server coupled to the network, the system
`comprising:
`
`12a. means for providing to the network management server an application program to be distributed to remote
`servers;
`
`Athenahealth
`Athenahealth practices the method of
`claim 9, where preparing a file
`packet includes including a selected
`version of an application launcher in
`the file packet, the selected version
`being selected based on the
`determined environment.
`
`Refer to claim 9.
`Athenahealth implements an
`application program distribution
`system for distributing application
`programs to a target on-demand
`server on a network executing on a
`centralized network management
`server coupled to the network.
`
`Refer to Claim 1pre
`Athenahealth’s application program
`distribution system includes means
`
`13
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 15 of 18
`
`
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Claim
`
`12b. means for specifying a source directory and a target directory for distribution of the application program;
`
`12c. means for preparing a file packet associated with the application program, the file packet including a
`segment configured to initiate registration operations for the application program at the target on-demand server;
`and
`
`12d. means for distributing the file packet to the target on-demand server to make the application program
`available for use by a user at a client.
`
`14. A system according to claim 12 wherein the segment configured to initiate registration operations includes
`an import data file and a call to an import program executing on the target on-demand server to install and
`register the file packet associated with the application program on the target on-demand server in a manner that
`makes it recognized and available to the user at the client.
`
`Athenahealth
`for providing to the network
`management server an application
`program to be distributed to remote
`servers.
`
`Refer to Claim 1a
`Athenahealth’s application program
`distribution system includes means
`for specifying a source directory and
`a target directory for distribution of
`the application program.
`
`Refer to Claim 1b
`Athenahealth’s application program
`distribution system includes means
`for preparing a file packet associated
`with the application program, the file
`packet including a segment
`configured to initiate registration
`operations for the application
`program at the target on-demand
`server.
`
`Refer to Claim 1c
`Athenahealth’s application program
`distribution system includes means
`for distributing the file packet to the
`target on-demand server to make the
`application program available for use
`by a user at a client.
`
`Refer to Claim 1d
`Athenahealth’s application program
`distribution system of claim 12
`further includes the limitation where
`the segment configured to initiate
`registration operations includes an
`
`14
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 16 of 18
`
`
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Claim
`
`17pre. A computer program product for distributing application programs to a target on-demand server on a
`network executing on a centralized network management server coupled to the network, the computer program
`product comprising:
`
`17a. a computer-readable storage medium having computer-readable program code embodied in said medium,
`said computer-readable program code comprising:
`
`17b. computer readable program code that provides to the network management server an application program to
`be distributed to remote servers;
`
`17c. computer readable program code that specifies a source directory and a target directory for distribution of
`the application program;
`
`Athenahealth
`import data file and a call to an
`import program executing on the
`target on-demand server to install
`and register the file packet associated
`with the application program on the
`target on-demand server in a manner
`that makes it recognized and
`available to the user at the client.
`
`Refer to claim 3.
`Athenahealth’s computer program
`product includes a computer readable
`program code for distributing
`application programs to a target on-
`demand server on a network
`executing on a centralized network
`management server coupled to the
`network.
`
`Refer to Claim 1pre
`Athenahealth’s computer program
`product includes a computer-
`readable storage medium having
`computer-readable program code
`embodied in said medium.
`
`Refer to Claim 1pre
`Athenahealth’s computer program
`product includes a computer readable
`program code that provides to the
`network management server an
`application program to be distributed
`to remote servers.
`
`Refer to Claim 1a
`Athenahealth’s computer program
`product includes a computer readable
`
`15
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 17 of 18
`
`
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Claim
`
`17d. computer readable program code means that prepares a file packet associated with the application program,
`the file packet including a segment configured to initiate registration operations for the application program at
`the target on-demand server; and
`
`17e. computer readable program code means that distributes the file packet to the target on-demand server to
`make the application program available for use by a user at a client.
`
`19. A computer program product according to claim 17 wherein the segment configured to initiate registration
`operations includes an import data file and a call to an import program executing on the target on-demand server
`to install and register the file packet associated with the application program on the target on-demand server in a
`manner that makes it recognized and available to the user at the client.
`
`Athenahealth
`program code that specifies a source
`directory and a target directory for
`distribution of the application
`program.
`
`Refer to Claim 1b
`Athenahealth’s computer program
`product includes a computer readable
`program code means that prepares a
`file packet associated with the
`application program, the file packet
`including a segment configured to
`initiate registration operations for the
`application program at the target on-
`demand server.
`
`Refer to Claim 1c
`Athenahealth’s computer program
`product includes a computer readable
`program code means that distributes
`the file packet to the target on-
`demand server to make the
`application program available for use
`by a user at a client.
`
`Refer to Claim 1d
`Athenahealth’s computer program
`product of claim 17 further includes
`the limitation where the segment
`configured to initiate registration
`operations includes an import data
`file and a call to an import program
`executing on the target on-demand
`server to install and register the file
`packet associated with the
`application program on the target on-
`demand server in a manner that
`
`16
`
`

`

`Case 1:19-cv-11278-RGS Document 24-2 Filed 09/13/19 Page 18 of 18
`
`U.S. PAT. NO. 7,069,293 v. Athenahealth
`
`Claim
`
`Athenahealth
`makes it recognized and available to
`the user at the client.
`
`Refer to claim 3.
`
`
`
`
`
`
`
`
`
`17
`
`