`
`
`
`
`
`
`Exhibit 1060 (A)
`Exhibit 1060 (A)
`
`
`
`
`Petitioners' Exhibit 1060, Page 1
`
`Petitioners' Exhibit 1060, Page 1
`
`

`

`
`
`CALDARELLI HEJMANOWSKI & PAGE LLP
`William J. Caldarelli (SBN #149573)
`Ben West (SBN #251018)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 720-8080
`Facsimile: (858) 720-6680
`wjc@chplawfirm.com
`dbw@chplawfirm.com
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano (SBN #167058)
`12526 High Bluff Drive, Suite 300
`San Diego, CA 92130
`Telephone: (619) 742-9631
`mdfabiano@fabianolawfirm.com
`
`OSBORNE LAW LLC
`John W. Osborne (Appointed Pro Hac Vice)
`33 Habitat Lane
`Cortlandt Manor, NY 10567
`Telephone: (914) 714-5936
`josborne@osborneipl.com
`
`WATTS LAW OFFICES
`Ethan M. Watts (SBN #234441)
`12340 El Camino Real, Suite 430
`San Diego, CA 92130
`Telephone: (858) 509-0808
`Facsimile: (619) 878-5784
`emw@ewattslaw.com
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Petitioners' Exhibit 1060, Page 2
`
`

`

`
`
`v.
`
`AMERANTH, INC.
`
`
`
`
`
`PIZZA HUT, INC., ET AL.
`
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Civil Action No.: 3:11-cv-01810-JLS-NLS
`
`Consolidated with:
`12cv729 JLS-NLS
`12cv731 JLS-NLS
`12cv732 JLS-NLS
`12cv733 JLS-NLS
`12cv737 JLS-NLS
`12cv739 JLS-NLS
`12cv742 JLS-NLS
`12cv858 JLS-NLS
`12cv1627 JLS-NLS
`12cv1629 JLS-NLS
`12cv1630 JLS-NLS
`12cv1631 JLS-NLS
`12cv1633 JLS-NLS
`12cv1634 JLS-NLS
`12cv1636 JLS-NLS
`
`
`
`DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`AS TO DEFENDANT STUBHUB, INC.
`
`
`
`
`Complaint Filed: August 15, 2011
`
`
`Plaintiff,
`
`Defendants.
`
`
`12cv1640 JLS-NLS
`12cv1642 JLS-NLS
`12cv1643 JLS-NLS
`12cv1644 JLS-NLS
`12cv1646 JLS-NLS
`12cv1648 JLS-NLS
`12cv1649 JLS-NLS
`12cv1650 JLS-NLS
`12cv1651 JLS-NLS
`12cv1652 JLS-NLS
`12cv1653 JLS-NLS
`12cv1654 JLS-NLS
`12cv1655 JLS-NLS
`12cv1656 JLS-NLS
`12cv1659 JLS-NLS
`
`
`AND RELATED CASES.
`
`
`
`
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Petitioners' Exhibit 1060, Page 3
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Plaintiff Ameranth, Inc. (“Ameranth”) hereby serves its Disclosure of
`
`Asserted Claims and Infringement Contentions under Patent Local Rule 3.1, as
`
`to Defendant StubHub, Inc. (“StubHub”).
`
`Discovery in this case is ongoing and the Court has not yet construed the
`
`asserted claims of the Patents-in-Suit. Further, StubHub (and other defendants)
`
`has failed to produce any documents requested by Ameranth and has failed to
`
`provide any substantive responses to Ameranth’s other written discovery
`
`requests. Pursuant to the Court’s June 7, 2013 order on Ameranth’s ex parte
`
`request for a joint discovery conference (Doc. 388), Ameranth will be initiating
`
`meet and confer with the Defendants, including StubHub.
`
`Accordingly, Ameranth reserves the right to serve Amended Infringement
`
`Contentions under Patent Local Rule 3.6(a), by Court order, or as otherwise
`
`permitted. Under Patent Local Rule 3.2, Ameranth has made a document
`
`production and hereby separately identifies by bates numbers which documents
`
`correspond to categories (a) – (e) of Patent Local Rule 3.2 in Exhibit B attached
`
`hereto.
`
`A. Claims Infringed.
`
`StubHub infringes at least claims 1, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 and
`
`16 of U.S. Patent No. 6,384,850 (the “ ‘850 patent”); claims 9 and 13 of U.S.
`
`Patent No. 6,871,325 (the “ ‘325 patent”); and claims 1, 3, 4, 5, 6, 7, 8, 9, 11, 12,
`
`13, 15, 16, 17 and 18 of U.S. Patent No. 8,146,077 (the “ ‘077 patent”).
`
`B. Accused Instrumentality.
`
`The “StubHub Ticketing System”, “Accused Instrumentality” or
`
`“Accused System,” as used herein, means and includes the following: The
`
`current and all previous “versions” (from Jan. 1, 2007 to present, and regardless
`
`of whether alleged by defendant to be revisions, different versions, or different
`
`systems) of the StubHub ticketing system/product/service, which includes, inter
`
`1
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`Petitioners' Exhibit 1060, Page 4
`
`

`

`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`alia, wireless and internet ticketing integration, online and mobile
`
`ticketing/ticket sales/ticket purchases via, for example, StubHub’s website and
`
`mobile website and iPhone, Android, Windows Phone and BlackBerry (current
`
`app versions as of the date of this disclosure include StubHub Android app
`
`version 1.8.1,iPhone app version 4.4.0, Windows Phone app version 1.1 and
`
`BlackBerry app version 1.0), integration with e-mail and affinity program and
`
`social media applications such as Facebook, Twitter, and YouTube, and/or other
`
`third-party web-based applications, and/or other third-party web-based
`
`applications, other hospitality aspects and associated services.
`
`C. Claim Charts.
`
`Charts for each of the ‘850, ‘325 and ‘077 patents that identify
`
`specifically where each limitation of each asserted claim within the Accused
`
`Instrumentality are attached hereto as Exhibit A. The left column of each chart
`
`recites the limitations of the asserted claims verbatim for the applicable patent.
`
`The right column shows where a corresponding element is found in the Accused
`
`Instrumentality. These identifications are based on Ameranth’s present
`
`understanding of information currently available to Ameranth. At present,
`
`Ameranth has yet to receive any document or source code production from
`
`StubHub. Ameranth reserves the right to supplement these charts as discovery
`
`proceeds.
`
`D. Indirect Infringement.
`
`Ameranth has noted in the claim charts attached as Exhibit A the claims
`
`that Ameranth contends StubHub has directly and indirectly infringed. As set
`
`forth in the claim charts, in addition to direct infringement, StubHub is liable for
`
`inducement of infringement and contributory infringement.
`
`26
`
`/ / /
`
`27
`
`28
`
`
`
`
`
`2
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`Petitioners' Exhibit 1060, Page 5
`
`

`

`
`
`E. Literal Infringement and Doctrine of Equivalents.
`
`Ameranth presently contends that the StubHub Ticketing System
`
`infringes the asserted claims of the ‘850, ‘325, and ‘077 patents literally.
`
`Ameranth has noted in the claim charts attached as Exhibit A the claim elements
`
`that Ameranth contends are literally infringed and/or present under the doctrine
`
`of equivalents.
`
`F. Priority.
`
`The ‘325 patent claims priority to an earlier application, U.S. Serial No.
`
`09/400,413, which was filed on September 21, 1999 and from which the ‘850
`
`patent issued. The ‘077 patent also claims priority to U.S. Serial No. 09/400,413
`
`filed on September 21, 1999. Ameranth asserts a conception date for the
`
`asserted claims of September 1998 and reduction to practice prior to the priority
`
`application filing date.
`
`G. Products Practicing Invention.
`
`Versions of the following Ameranth products have incorporated or
`
`reflected the inventions claimed in the Patents-in-Suit in one or more of the
`
`asserted claims as shown below:
`
`21st Century Restaurant
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 10, 11,
`
`(Nov. 1998 and later)
`
`12-15
`
`‘325 Claims 9, 13
`
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 12, 13,
`
`15, 16, 17, and 18
`
`Improv Comedy Club Ticketing
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 10, 11,
`
`System
`
`12-15
`
`(Nov. 1999-Nov. 2000)
`
`‘325 Claims 9, 13
`
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 12, 13,
`
`15, 16, 17, and 18
`3
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Petitioners' Exhibit 1060, Page 6
`
`

`

`
`
`Hostalert
`
`‘850 Claims 1, 3, 4, 5,6, 7, 8, 10, 11,
`
`12-15
`
`‘325 Claims 9, 13
`
`‘077 Claims 1, 6, 7, 8, 9, 11, 13, 16,
`
`and 18
`
`eHost
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 10, 11,
`
`12-15
`
`‘325 Claims 9, 13
`
`‘077 Claims 1, 3, 6, 7, 8, 9, 11, 12, 13,
`
`15, 16, 17, and 18
`
`Magellan
`
`‘850 Claims 1, 3, 4, 5, 6, 7, 8, 10, 11,
`
`12-15
`
`‘325 Claims 9, 13
`
`‘077 Claims 1, 6, 8, 9, 11, 13, 16, 17
`
`and 18
`
`H. Willful Infringement.
`
`Ameranth is informed and believes that StubHub became aware of
`
`Ameranth’s patents prior to the filing of this lawsuit due to the widespread
`
`knowledge of Ameranth’s patents in the online ordering and reservations
`
`industry/marketplace. StubHub continues to infringe valid and enforceable
`
`claims of the ‘850, ‘325 and ‘077 patents with knowledge and willful disregard
`
`of Ameranth’s patent rights after being put on notice of such infringement at
`
`least as early as the filing of the lawsuit and/or service of the complaint on
`
`StubHub.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Dated: June 10, 2013
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CALDARELLI HEJMANOWSKI & PAGE LLP
`
`
`By: /s/ William J. Caldarelli
`4
`William J. Caldarelli
`
`
`
`
`
`
`26
`
`27
`
`28
`
`
`
`Petitioners' Exhibit 1060, Page 7
`
`

`

`
`
`
`
`FABIANO LAW FIRM, P.C.
`Michael D. Fabiano
`
`OSBORNE LAW LLC
`John W. Osborne
`
`WATTS LAW OFFICES
`Ethan M. Watts
`
`Attorneys for Plaintiff Ameranth, Inc.
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONT. Civil Action No. 3:11-cv-01810-
`JLS-NLS
`
`
`5
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Petitioners' Exhibit 1060, Page 8
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`process); Exh 55, 56 (videos showing / discussing
`StubHub mobile apps); Exh 1 (StubHub website).
`
`
`
`See also Exh 4, 6, 29, 32, 33, 34, 35, 43, 44, 45, 46,
`47, 48, 49, 51, 54, 55, 56, 57, 73, 74, 75, 80, 81.
`
`
`
`If this element is not found to be literally present, it
`is present under the doctrine of equivalents.
`
`Ameranth believes that source code and/or
`technical documents that have not yet been
`produced concerning (or an inspection of) the
`database(s), back-end system(s), mobile apps,
`websites and mobile sites included in / used by the
`StubHub Ticketing System and simulation tool(s)
`used in connection with the StubHub Ticketing
`System will provide further evidence of this claim
`element in the Accused System.
`
`Claim 12
`
`
`
`12. An information
`management and synchronous
`communications system for
`use with wireless handheld
`computing devices and the
`internet comprising:
`
`The following are aspects of the Accused System
`that are generally applicable and, where
`appropriate, applicable to specific elements of this
`claim and its dependent claims.
`
`The StubHub Ticketing System allows consumers
`to make event reservations / order tickets, e.g. via
`the internet and via desktop computers, laptop
`computers, and mobile devices, and, inter alia,
`automatically saving each reservation, order,
`
`105
`
`
`
`Petitioners' Exhibit 1060, Page 9
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`inquiry, and/or search (herein referred to as, inter
`alia, “reservation” or “order”) to the consumer's
`account file within the StubHub Ticketing System;
`transmitting each reservation/order through the
`StubHub Ticketing System to the seller; collecting
`and storing “personally identifiable information”
`provided by each consumer; and integrating
`mobile devices, web-based reservations /
`ticketing, and the applicable software into the
`complete system.
`
`Exemplary information regarding the StubHub
`Ticketing System includes the following:
`
`“How StubHub works
`
`Buy tickets from other fans — we guarantee that
`they'll be valid and on time.”...
`
`“1.Choose the seats you want
`
`2.Place your order
`
`3.Get your tickets & go!”…
`
`“Sell your extra tickets - listing is free
`
`1.Set your own price
`
`2.Deliver the tickets when they sell
`
`3.We pay you after the buyer gets them” …
`
`“StubHub Fan Rewards
`
`Earn rewards for every eligible purchase. Sign up
`
`
`
`106
`
`Petitioners' Exhibit 1060, Page 10
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`today!” (Exh 1)
`
`“Sellers set their price and list their tickets on
`StubHub”… “You choose the event and seats you
`want” … “Order and receive your tickets with our
`FanProtect Guarantee”…
`
`“What you should know” … “We’re a marketplace
`– which means tickets are listed and priced by
`fans. Once you place your order, we coordinate
`delivery and payment – so you know you’ll get
`your tickets in time.” (Exh 2)
`
`“Our Marketplaces segment includes our core
`ecommerce platform eBay.com, our vertical
`shopping experiences such as StubHub,”…
`
`“StubHub is a leading marketplace for event
`tickets, enabling fans to buy and sell tickets to a
`large selection of sports, concert, theater and other
`live entertainment events. StubHub's online
`marketplace, dedicated solely to tickets, provides
`fans the ability to buy and sell their tickets in a
`safe, convenient and reliable environment. As of
`December 31, 2012, StubHub's partners included
`more than 70 professional and collegiate sports
`teams, organizations and venues from the NBA,
`NHL, MLB and NCAA.” (Exh 5)
`
`
`
`“StubHub announced that it is acquiring Ticket
`Technology, a leading point-of-sale (POS)
`software service provider for ticket sellers, to
`
`107
`
`
`
`Petitioners' Exhibit 1060, Page 11
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`strengthen the selling platform for its StubHub
`business unit.”
`
`“ ‘Ticket Technology sells software that enables
`high-volume ticket sellers to manage their ticket
`inventory and sales. It’s like other eBay selling
`tools (e.g. Blackthorne or CarAd) but is targeted at
`ticket brokers.’ ”
`
`“ ‘Ticket Technology fits with StubHub’s business
`model because it provides a valuable service to our
`seller customers. Also, by integrating their
`technology with the StubHub platform, we will
`have a real-time connection with the inventory of
`our largest sellers. That, in turn, allows for a more
`automated sales and fulfillment process that will
`reduce costs for sellers and StubHub.’ ” (Exh 64)
`
`
`
`“StubHub, the world's largest ticket marketplace,
`today announced that a StubHub ticket purchasing
`application is now available on the Apple App
`Store. The StubHub iPhone and iPod Touch
`application provides fans with the freedom to
`access and search the world'largest inventory of
`secondary market sporting, concert and theater
`tickets -- and make purchases -- anyplace,
`anytime. The application provides a mobile
`conduit into StubHub's dynamic marketplace
`where more than six million tickets are available,
`enabling fans to shop with confidence in a safe,
`convenient and guaranteed environment.”
`
`108
`
`
`
`Petitioners' Exhibit 1060, Page 12
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`“The StubHub application incorporates many of
`the same popular features available on the
`StubHub website, including access to familiar
`search and purchasing functionality, seat maps,
`detailed ticket listings, quantity and pricing filters
`and more. The application's navigation and user
`interface is tailored specifically for Apple's unique
`touch screen format, providing fans with a
`convenient, simple and intuitive way to purchase
`tickets while on the go, in many cases right up to
`the time of the event.” ...
`
`“ ‘StubHub is all about providing choice, and
`access for fans,’ said Ray Elias, Director of
`Marketing for StubHub. ‘By extending our service
`and providing a rich experience in the mobile
`arena we are taking another step in that direction.
`We will continue to innovate in this space.’ ” ...
`
`“The StubHub application is ideal for last minute
`planners and travelers, with features that showcase
`upcoming live events based on the user's location
`or by their cities of choice. The application also
`provides social interactivity functions, enabling
`fans to interact directly with friends and family on
`ticket purchasing decisions by sending event and
`ticket details to a variety of email programs,
`Facebook and Twitter. In addition, the application
`integrates seamlessly with iTunes, enabling fans to
`sync their favorite artists to the application in order
`to monitor and easily identify when their top
`events of interest are coming to town. Finally, the
`
`109
`
`
`
`Petitioners' Exhibit 1060, Page 13
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`application allows users to tag their favorite artists
`or teams for quick navigation and access.” ...
`
`“ ‘The launch of the StubHub app builds on eBay's
`momentum in mobile commerce and expands our
`ever-growing portfolio of mobile applications,’
`said Steve Yankovich, vice president of mobile for
`eBay Inc. ‘eBay Inc. offers more choice in
`ecommerce formats for sellers and buyers than any
`other online shopping destination. With the new
`StubHub app, we give consumers instant access to
`a wide selection of sought-after tickets right from
`the mobile phone.’ ” (Exh 27)
`
`
`
`“StubHub, the world's largest ticket marketplace,
`today announced that its expansive ticketing
`application is now available in the Android
`marketplace. Through the application, fans can
`buy tickets to all sports, music and theatre events
`listed on StubHub, and ticket sellers can manage
`existing ticket listings -- anyplace, anytime on an
`Android-based portable device.”
`
`“The StubHub Android application is ideal for
`on-the-go fans, with features that showcase live
`events based on the user's preference and location.
`Its navigation and user interface is tailored
`specifically for Android-powered devices,
`providing users with a convenient and simple way
`to track events. Fans can tag favorite sports teams
`and bands to follow them throughout the season
`
`110
`
`
`
`Petitioners' Exhibit 1060, Page 14
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`and on tour. The application also provides detailed
`ticket information prior to buying a ticket, such as
`where the user's seats are located. Ticket sellers
`benefit from open access to their ticket listings,
`including the ability to view, delete and deactivate
`listings, as well as edit ticket prices and in-hand
`dates.” …
`
`“ ‘Mobile innovation is a big growth area for
`StubHub because our customers are asking for it,’
`said Ray Elias, senior director of marketing for
`StubHub. ‘Making our service available on the
`rapidly-growing Android platform is an obvious
`next step in addressing consumer demand,
`especially for on-the-go, and last minute
`commerce.’ ” (Exh 26)
`
`
`
`“StubHub, the world's largest ticket marketplace,
`today released a new ticketing application
`available on Windows Phone. The application
`makes it easy for fans to buy tickets to all sports,
`music and theatre events listed on StubHub, and
`ticket sellers can manage existing ticket listings --
`anyplace, anytime on a Windows Phone, which is
`the only phone that features Microsoft® Office,
`Xbox LIVE and thousands of apps.”
`
`“The application takes advantage of the advanced
`features of Windows Phone, allowing users to
`seamlessly glide through the vast StubHub
`catalogue and discover and access events. Fans
`
`111
`
`
`
`Petitioners' Exhibit 1060, Page 15
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`can search events based on their preference and
`location, view and map upcoming events, as well
`as tag favorite sports teams and bands to follow
`them throughout the season and on tour. The
`application also provides detailed ticket
`information prior to buying a ticket, such as where
`the user's seats are located. Ticket sellers benefit
`from open access to their ticket listings, including
`the ability to view, edit, delete and deactivate
`single listings.” …
`
`“ ‘Windows Phone is backed by an innovative
`developer ecosystem that is creating a variety of
`quality apps and games, like StubHub, that take
`advantage of the phone's unique features and
`design,’ said Todd Brix, senior director, Windows
`Phone Marketplace, Microsoft Corp. ‘With its
`smart use of Windows Phone design principles and
`personalized results, StubHub, is a great example
`of the rich applications that people will find on
`Windows Phone Marketplace to get the most out
`of their phone,’ he continued.”
`
`“Windows Phone users who download the
`StubHub application enjoy the same FanProtect
`Guarantee and award-winning customer service
`that is always found on StubHub. The application
`also makes it easy for users to ‘share’ the event
`they are attending via email, Facebook and
`Twitter.”
`
`“The StubHub application is ideal for users who
`want to plan a last-minute day or night of fun
`
`112
`
`
`
`Petitioners' Exhibit 1060, Page 16
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`whether theyre at home or traveling thanks to
`Windows Phone innovative application
`integration. Fans can view upcoming live events
`near their location along with a map highlighting
`local businesses nearby the venue, including
`restaurants and parking facilities, and even link to
`business user reviews.”
`
`“ ‘StubHub maintains its place as the ‘go-to’
`source for live entertainment event tickets for
`millions of fans because we deliver the features
`and functionality they want,’ said Dre Madden,
`head of digital marketing for StubHub. ‘Launching
`our Windows Phone application is another
`important step in making commerce services
`available to consumers no matter where they are or
`what device they are using.’ ”
`
`“The StubHub application is available for free
`download to Microsoft Windows Phone users. The
`secure application protects users' personal
`information and enables fans to purchase tickets
`using their existing StubHub account, via PayPal
`or credit card.” (Exh 25)
`
`
`
`“StubHub app for iPhone
`
`What's new
`
`•See the view from your section before you buy
`(available for many events)
`
`
`
`113
`
`Petitioners' Exhibit 1060, Page 17
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`•Filter ticket listings by section for most NFL and
`NBA games with interactive venue maps
`
`•Add events to your calendar and know where
`you're headed next” …
`
`“Selling tickets
`
`List tickets for sale with just a few taps. If we're
`partnered with that team, artist, or venue, you can
`then scan ticket barcodes to make your tickets
`available for Instant Download. Need to make a
`change? You can delete, activate, or deactivate
`your listings - or adjust your prices and in-hand
`dates until your tickets sell.” …
`
`“Buying tickets
`
`Discover and share events
`
`Find events near you or switch to other locations in
`the US, Canada, and the UK. Track your favorite
`teams, bands, and shows - and see when artists in
`your music library are on tour - so you can grab
`tickets right away. Share events and tickets using
`Facebook, Twitter, email, and text.
`
`Find the perfect seats
`
`Decide where you want to sit using our venue
`maps, and choose the number of seats you want, at
`the price you want. Filter ticket listings by section
`with interactive venue maps. See the view from
`section before you buy. Plan for your event by
`locating restaurants, bars, and parking near the
`
`114
`
`
`
`Petitioners' Exhibit 1060, Page 18
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`venue.
`
`Get in
`
`View, print, and email tickets - all on your device.
`You can even download your tickets - or store and
`use your tickets for select teams with Passbook® -
`and scan your iPhone or iPod touch to get into your
`event (where available).” …
`
`
`
`“StubHub app for Android
`
`What's new
`
`Find your favorites at your price: Set Price Alerts
`for your favorite events and get phone and email
`notifications when we find tickets that match what
`you're looking for.
`
`Selling tickets
`
`List tickets for sale with just a few taps. If we're
`partnered with that team, artist, or venue, you can
`then scan ticket barcodes to make your tickets
`available for Instant Download. Need to make a
`change? You can delete, activate, or deactivate
`your listings - or adjust your prices and in-hand
`dates until your tickets sell.” …
`
`“Buying tickets
`
`Discover and share events
`
`Find events near you or switch to other locations in
`
`115
`
`
`
`Petitioners' Exhibit 1060, Page 19
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`the US, Canada, and the UK. Track your favorite
`teams, bands, and shows so you can grab tickets
`right away. Share events and tickets using
`Facebook, Twitter, and email.
`
`Find the perfect seats
`
`Decide where you want to sit using our venue
`maps, and choose the number of seats you want, at
`the price you want. Filter ticket listings by section
`with interactive venue maps. See the view from
`section before you buy. Plan for your event by
`locating restaurants, bars, and parking near the
`venue.
`
`Get in
`
`View, print, and email tickets - all on your device.
`You can even download your tickets and scan your
`Android phone to get into your event (where
`available).” …
`
`
`
`“StubHub app for Windows Phone
`
`Selling tickets
`
`Manage your listings anytime, anywhere. Delete,
`activate, or deactivate your listings. Adjust your
`prices and in-hand dates until your tickets sell.” …
`
`“Buying tickets
`
`Discover and share events
`
`116
`
`
`
`Petitioners' Exhibit 1060, Page 20
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`Find events near you or switch to other locations in
`the US and Canada. Track your favorite teams,
`bands, and shows so you can grab tickets right
`away. Share events and tickets using Facebook,
`Twitter, and email.
`
`Find the perfect seats
`
`Decide where you want to sit using our venue
`maps, and choose the number of seats you want, at
`the price you want. See ticket details, like delivery
`info and seller comments, before you buy.
`
`Get ready for your event
`
`Plan for your event by locating restaurants, bars,
`and parking near the venue.” …
`
`
`
`“StubHub app for BlackBerry® 10
`
`Selling tickets
`
`Manage your listings anytime, anywhere. Delete,
`activate, or deactivate your listings. Adjust your
`prices and in-hand dates until your tickets sell.” …
`
`“Buying tickets
`
`Discover and share events
`
`Find events near you or switch to other locations in
`the U.S. and Canada. Track your favorite teams,
`bands, and shows so you can grab tickets right
`away.
`
`117
`
`
`
`Petitioners' Exhibit 1060, Page 21
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`Find the perfect seats
`
`Decide where you want to sit using our venue
`maps, and choose the number of seats you want, at
`the price you want. See the view from your section
`and ticket details, like delivery info and seller
`comments, before you buy.
`
`Get ready for your event
`
`Plan for your event by locating restaurants, bars,
`and parking near the venue.
`
`Keep track of your orders
`
`Check your order status and past orders in My
`Account.” …
`
`
`
`“StubHub Mobile Web
`
`What's new
`
`•See the view from your section before you buy
`(available for most NFL and NBA games)
`
`•Filter ticket listings by section for most NFL and
`NBA games with interactive venue maps
`
`•Get in the game with Passbook®: Store and use
`your tickets for Purdue, Texas, UNC, and
`Tennessee games using Passbook - just scan your
`iPhone or iPod touch at the gate.* Learn more”…
`
`“Selling tickets
`
`118
`
`
`
`Petitioners' Exhibit 1060, Page 22
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`Manage your listings anytime, anywhere. Delete,
`activate, or deactivate your listings. Adjust your
`prices and in-hand dates until your tickets sell.”…
`
`“Buying tickets
`
`Discover and share events
`
`Find events near you or switch to other locations in
`the US and Canada. Track your favorite teams,
`bands, and shows so you can grab tickets right
`away. Share events and tickets using Facebook,
`Twitter, and email.
`
`Find the perfect seats
`
`Decide where you want to sit using our venue
`maps, and choose the number of seats you want, at
`the price you want. See the view from your section
`and ticket details, like delivery info and seller
`comments, before you buy. Plan for your event by
`locating restaurants, bars, and parking near the
`venue.
`
`Get in
`
`View and print tickets - all on your device.” (Exh
`43)
`
`
`
`StubHub has rewards programs. See, e.g., Exh 28
`(“[Ray] Elias: We have brought the first affinity
`rewards-type program into ticketing. So it's new
`for StubHub and it's new for ticketing.”); Exh 30
`
`
`
`119
`
`Petitioners' Exhibit 1060, Page 23
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`(“So recently we also introduced Fan Rewards, a
`comprehensive loyalty program that will reward
`fans with unique experiences like suite nights, seat
`upgrades, parties, and meet-and-greets, which we
`think is a first of its kind in the ticketing
`industry.”); Exh 42 (“The first rewards program
`designed to reward you just for being a fan.” …
`“StubHub Fan Rewards is free to join and offers
`every member at least 2% in rewards for every
`eligible purchase, plus the opportunity for one of a
`kind fan experiences and complimentary seat
`upgrades.” … “When you become part of
`Rewards, your eligible purchases will not only
`accrue toward earning rewards FanCodes - they'll
`also count toward becoming a Superstar
`member!”).
`
`
`
`“Information you give to us.
`
`When you register and/or buy or sell tickets, we
`ask you for the following information:
`
`•Name and physical shipping, contact and
`payment addresses;
`
`•Email address and telephone number;
`
`•Credit or debit card or PayPal account
`information ("Payment Method");
`
`•Login and password; and/or
`
`•Social Security number or tax identification
`
`120
`
`
`
`Petitioners' Exhibit 1060, Page 24
`
`

`

`EXHIBIT A
`PLAINTIFF AMERANTH, INC.’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS AS TO
`DEFENDANT STUBHUB
`U.S. Patent No. 6,384,850
`number, for certain sellers to whom we are
`required by law to provide a 1099-k.” …
`
`“Information we collect when you use our Site and
`Services.
`
`We may collect information about the way you
`interact with our Site, Services, content and
`advertising. This may include, but is not limited to,
`device ID, device type, machine ID, geo-location
`information, computer and connection
`information, statistics on page views, traffic to and
`from our Sites, IP address, ad data, and standard
`web log information, and any telephone number
`you provide us or from which you may call or
`otherwise contact us.” …
`
`“When you first use our Site and Services,
`StubHub may send a cookie to your computer that
`identifies you as a unique us