Reed Smith LLP
`506 Carnegie Center
`Suite 300
`Princeton, NJ 08540-7839
`+1 609 987 0050
`Fax +1 609 951 0824
`reedsmith.com
`
`Lisa A. Chiarini
`Direct Phone: +1 609 514 5981
`Email: lchiarini@reedsmith.com
`
`August 25, 2020
`
`Case Collard, Esq.
`Dorsey & Whitney LLP
`1400 Wewatta Street
`Suite 400
`Denver, CO 80202-5549
`Re: U.S. Patent 10,467,585
`
`Dear Mr. Collard:
`
`Thank you for your call today to discuss the potential to avoid costly litigation between Dust
`Bowl and Provi. During our call, you noted that Dust Bowl will forego filing an action by Provi’s
`licensing Dust Bowl’s U.S. Patent No. 10,467,585 and the related, pending US Serial No. 16/564,087.
`You also invited Provi to disclose its confidential sales information in connection with its online
`beverage ordering platform, to enable Dust Bowl to make a fair and reasonable licensing fee. After
`consulting with our client, Provi has decided not to share its confidential sales information with Dust
`Bowl. The reasons for this decision are outlined below.
`
`As indicated in our earlier letter of February 28, 2020, and during our call today, we believe Dust
`Bowl’s infringement allegations are without merit. As such, Provi was anticipating that Dust Bowl
`would offer a “nuisance fee” for its patents and avoidance of litigation, not a royalty fee on Provi’s sales.
`As indicated previously, Provi does not infringe Dust Bowl’s ’585 Patent, and it is inconceivable that
`Dust Bowl’s pending application will issue with any valid claim that covers Provi’s alcohol beverage
`system.
`
`We had already identified material prior art that would invalidate the ’585 Patent in our previous
`letter. And as communicated during our initial call weeks ago, the prior alcohol beverage systems were
`in prior public use before the critical date of the ’585 Patent and the related pending application, i.e.,
`March 13, 2014. The eBOTS system commercialized by eSkye Solutions was in wide-spread public use
`in the United States in 2000. The eBOTS system is described in US Patent Application, Serial No.
`09/652,535, entitled System For Integrating The Order Management Process Of A Multi-Level Supply
`Chain And Method For Its Use, filed August 31, 2000. Exhibit 1. As described by the inventors, the
`eBOTS System integrated the order management processes of all members of the supply chain to
`streamline the alcohol-based beverage procurement process for retailers, distributors, and suppliers. The
`eBOT system included features, such as advertising messages and promotional items. The eBOTS
`system is further described in eSkye’s private placement memorandum, dated April 2000. Exhibit 2.
`This memorandum shows a map indicating the then-existing geographic coverage of eBOTS, clearly
`indicating widespread use in several states. The memorandum also discloses, what was known before
`
`ABU DHABI  ATHENS  AUSTIN  BEIJING  BRUSSELS  CENTURY CITY  CHICAGO  DALLAS  DUBAI  FRANKFURT  HONG KONG
`HOUSTON  KAZAKHSTAN  LONDON  LOS ANGELES  MIAMI  MUNICH  NEW YORK  PARIS  PHILADELPHIA  PITTSBURGH  PRINCETON
`RICHMOND  SAN FRANCISCO  SHANGHAI  SILICON VALLEY  SINGAPORE  TYSONS  WASHINGTON, D.C.  WILMINGTON
`Diane A. Bettino Office Administrative Partner  A Limited Liability Partnership formed in the State of Delaware
`
`US_ACTIVE-151733483.1-REHUTZ 08/25/2020 6:01 PM
`
`PROVI-1006 - Page 1
`
`

`

`Case Collard, Esq.
`August 25, 2020
`Page 2
`
`eBOTS—that distributors of alcohol beverages are assigned exclusive geographic regions for
`distribution, and that retailers are limited to purchasing specific brands from a specific distributor.
`
`eBOTs is not the only prior art alcohol beverage ordering system that was in public use prior to
`the critical date, as mentioned in our letter of February 28th. During our initial call, we also noted that
`our disclosures of prior art alcohol beverage ordering systems, now trigger a duty upon both Dorsey &
`Whitney and Dust Bowl to investigate the prior art brought to your attention, coupled with disclosing the
`prior art to the United States Patent and Trademark Office in connection with Dust Bowl’s pending
`patent application. See, e.g., DaimlerChrysler AG v. Feuling Advanced Technologies, Inc., 276 F.
`Supp.2d 1054 (S.D. Cal. 2003).
`
`Finally, the eBOTs system, and other illustrative prior art systems, share the same features
`present in the claims of the ‘585 Patent. Any attempt to assert that Provi’s present methods or
`computer-readable medium infringe a claim of the `585 patent, or any supported claim that might be
`represented in a follow-on application, necessarily means that claim is invalid at least over the prior art
`cited above.
`
`Very truly yours,
`
`/s/ Lisa A. Chiarini
`
`LAC:jb
`
`Enclosures
`
`PROVI-1006 - Page 2
`
`

`

`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`PROVI-1006 - Page 3
`
`PROVI-1006 - Page 3
`
`

`

`PATENT APPLICATION
`of
`
`
`RICHARD J. JUGOVICH
`5100 Johnson Avenue
`Western Hills, Illinois 60558
`(a U.S. citizen)
`
`
`WILLIAM E. DRIEBUSCH
`364 Dogwood Terrace
`Buffalo Grove, Illinois 60657
`(a U.S. citizen)
`
`CORY J. GEHRKE
`2129 Guilford Road
`Rockford, Illinois 60657
`(a U.S. citizen)
`
`
`RANDALL A. MELCHIORI
`10417 Winterpark Drive
`Palos Hills, Illinois 60465
`(a U.S. citizen)
`
`
`
`and
`
`EDDIE C. KAO
`8208 Pine Bluff Court
`Darien, Illinois 60561
`(a U.S. citizen)
`
`
`Assigned to:
`
`ESKYE.COM, INC.
`733 S. West Street
`Indianapolis, Indiana 46225-1253
`(an Indiana Corporation)
`for
`
`SYSTEM FOR INTEGRATING THE ORDER MANAGEMENT PROCESS OF A
`MULTI-LEVEL SUPPLY CHAIN AND METHOD FOR ITS USE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Thomas A. Walsh
`Send all Correspondence to:
`
`
`Attorney Registration No. 45,196
`
`
`
`
`ICE MILLER
`
`
`
`
`One American Square
`
`
`
`
`Indianapolis, Indiana 46282-0002
`
`
`
`
`Telephone: (317) 236-5496
`
`
`
`
`Facsimile: (317) 236-2219
`
`Attorney Docket No.:
`
`
`
`P00457-US-0 (16727.0003)
`
`
`
`PROVI-1006 - Page 4
`
`

`

`BACKGROUND
`
`
`
`The manufacture, distribution, and sale of alcohol-based beverages is a highly regulated
`
`industry. Internationally, every country's regulations are unique. Laws vary from almost no
`
`regulation to complete bans in some countries. The current United States regulatory
`
`5
`
`environment was created by the re-legalization of alcohol-based beverages and the repeal of
`
`Prohibition with the ratification of the 21st Amendment to the Constitution, the laws promulgated
`
`thereafter.
`
`
`
`In the current environment, states can be grouped into two main types. In eighteen
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`"controlled" states, the state government itself is the distributor of spirits and, in some cases,
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`10
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`wine and beer. In the remaining thirty-two states, distributors are private businesses. Within
`
`these two groups, regulation in each state is unique and varied. Selling direct from a supplier to
`
`a consumer without using a distributor or a retailer generally is prohibited in all states. In
`
`summary:
`
` Suppliers must sell through distributors
`
`15
`
` Retailers must buy from distributors
`
` Distributors cannot ship across state lines
`
`
`
`In general, regulation and support of the three-tier system is growing at both the federal
`
`and state level. Despite the recent media attention to consumer-direct shipping, politicians and
`
`groups such as MADD (“Mothers Against Drunk Driving”) support strengthening the current
`
`20
`
`system to ensure that access to minors is restricted and that state taxes are collected.
`
`
`
`According to industry sources, the alcohol-based beverage market in the United States
`
`was a $108 billion market at retail in 1998 and is expected to grow at 1.0% per year to $116
`
`
`
`1
`
`PROVI-1006 - Page 5
`
`

`

`billion in 2004. These same sources estimate that the world market for alcohol-based beverages
`
`was $600 billion in 1998 growing at 4.0% per year to $753 billion by 2004.
`
`
`
`According to industry sources, over 15 million retailers around the globe sell alcohol-
`
`based beverages, including over 552,000 in the United States. These retailers vary in size from
`
`5
`
`large, well-known international and domestic retailers such as Walgreens®, Hilton®, Hyatt®,
`
`T.G.I. Friday’s®, and the Hard Rock Café®, to individual corner bars, convenience stores and
`
`grocery stores. Retailers generally may be grouped into "on-premise" accounts where beverage
`
`alcohol is consumed on-site, and “off-premise” accounts where alcohol-based beverages are
`
`purchased for private consumption. In the United States, more than 65% of the sales volume
`
`10
`
`occurs through off-premise accounts, but more than 70% of accounts are on-premise restaurants
`
`and bars.
`
`
`
`According to industry sources, there are over 3,500 distributors of wine, spirits, and beer
`
`in the United States. These businesses are, for the most part, family owned and operated.
`
`Accordingly, there are significant barriers to entry and it is likely that these barriers will continue
`
`15
`
`to be present. It is believed that the last major entrant from outside the industry into alcohol-
`
`based beverage distribution was in 1973, and this entry was through purchase of an existing
`
`distributor. Within a geographic area, each distributor almost always is the exclusive
`
`representative of the supplier brands it represents. In many states, this arrangement is enforced
`
`by state franchise laws. In other instances, the exclusivity may be determined by contractual
`
`20
`
`relationships. A retailer therefore is required to transact business with a certain distributor in
`
`order to obtain a specific supplier brand, and must transact business with multiple distributors in
`
`the retailer’s geographic area in order to obtain all of the supplier brands the retailer desires. In
`
`many cases, a retailer will transact business with ten to twenty distributors on a regular basis.
`
`
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`2
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`PROVI-1006 - Page 6
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`

`

`
`
`Globally, alcohol-based beverage suppliers are extremely fragmented and number in the
`
`thousands for spirits, wine, and beer. For example, according to industry reports, Diageo™, the
`
`largest supplier of spirits both globally and in the United States, accounts for roughly 25.0% of
`
`U.S. sales and around 9.0% of global sales by volume. Gallo®, the largest winery in the United
`
`5
`
`States, accounts for about 30% of United States sales and has almost no presence globally.
`
`Although Anheuser-Busch® controls more than half of the beer market in the United States, it
`
`also has an extremely limited international presence. Competition among suppliers is fierce.
`
`Industry sources estimate that suppliers spend more than $20 billion annually on world-wide
`
`marketing, much of which is directed at the retailers through the existing supply chain.
`
`10
`
`
`
`The regulatory framework and market constraints imposed on and by suppliers and
`
`distributors of alcohol-based beverages has dictated the ways in which business is conducted in
`
`this industry. Presently, retailers must identify the appropriate distributor for each product
`
`desired to be ordered, and make certain that the identified distributor is able to sell, under the
`
`regulatory framework, that product to the retailer. For a retailer whose facilities are located in
`
`15
`
`several geographic locations, this problem is exacerbated by the requirement to locate at least
`
`one different distributor in each of the geographic locations. Distributors, in turn, must
`
`determine the correct price to be charged to each retailer based on a series of factors which vary
`
`from distributor to distributor, including whether the retailer is part of a chain or is an on-premise
`
`or off-premise retailer.
`
`20
`
`Currently, many alcohol-based beverage retailers and distributors record order and
`
`product information in local computer systems or on paper. Follow-up telephone calls are
`
`frequently made to verify price and quantity, or to check availability of certain items. Billing
`
`errors may go uncorrected until the next time a distributor’s representative visits a retailer. In
`
`
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`3
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`PROVI-1006 - Page 7
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`

`

`addition, alcohol-based beverage suppliers historically have not had direct access to retailers,
`
`resulting in a remarkable lack of direct customer communication.
`
`For these and other reasons, it is desired to provide a method and system for integrating
`
`the order management processes of all members of the supply chain to streamline the alcohol-
`
`5
`
`based beverage procurement process for retailers, distributors, and suppliers. The desired
`
`method and system would include a means permitting a retailer to place one order for all desired
`
`alcohol-based beverage items, regardless of the distributor from which each alcohol-based
`
`beverage item must be procured. Such a method and system necessarily must include a method
`
`of automatically determining the price to be charged by a distributor for a particular alcohol-
`
`10
`
`based beverage item sold to a particular retailer. In addition, the desired method and system
`
`must include means for direct communication between a supplier and a retailer, preferably
`
`including means for communicating an advertising message from a supplier to a retailer, and a
`
`means for purchase of promotional items by a retailer from a supplier.
`
`
`
`15
`
`SUMMARY
`
`The present invention is a system for integrating the order management processes of a
`
`multi-level supply chain, and method for its use. Included in the system are a host server, a
`
`database residing on or associated with the host server, at least one computer network, at least
`
`one first level system, at least one intermediate level system, and at least one second level
`
`20
`
`system. Each of the at least one first level system, at least one intermediate level system, and at
`
`least one second level system are operably connected to the host server through the computer
`
`network. In one embodiment, the computer network comprises the Internet.
`
`
`
`4
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`PROVI-1006 - Page 8
`
`

`

`In one embodiment, the multi-level supply chain comprises the alcohol-based beverage
`
`supply chain. In this embodiment, the at least one first level system comprises at least one
`
`retailer system used by at least one alcohol-based beverage retailer; the at least one intermediate
`
`level system comprises at least one distributor system used by at least one alcohol-based
`
`5
`
`beverage distributor; and the at least one second level system comprises at least one supplier
`
`system used by at least one alcohol-based beverage supplier.
`
`In operation, a retailer desiring to order alcohol-based beverages establishes bi-
`
`directional communication between its retailer system and the host server through the computer
`
`network. Information about alcohol-based beverages available for purchase by the retailer is
`
`10
`
`transmitted through the computer network to the retailer system from the host server. The
`
`retailer selects alcohol-based beverages for purchase from the available plurality of alcohol-
`
`based beverages. A retailer order comprising the selected alcohol-based beverages is then
`
`transmitted to the host server.
`
`At the host server, the retailer order is broken down into one or more distributor orders,
`
`15
`
`and transmitted to each distributor system through the computer network. Each distributor
`
`retrieves its distributor orders from its distributor system, and fulfills the order by delivering
`
`tangible alcohol-based beverage products to the retailer according to the distributor order. The
`
`system operates in a similar manner for alcohol-based beverage product orders placed by a
`
`distributor from a supplier.
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`20
`
`One feature of the present invention which enables it to operate in the intended manner is
`
`a set of legal and/or business rules which are compiled in a database residing on or associated
`
`with the host server, or compiled in software means included in or associated with the database.
`
`The legal and/or business rules comprise not only the statutes, regulations, and law of a
`
`
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`5
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`PROVI-1006 - Page 9
`
`

`

`particular government jurisdiction which constrain the alcohol-based beverage supply chain, but
`
`also comprise pricing rules. Pricing rules are applied by the system to determine automatically
`
`the appropriate amount to be charged by a distributor to a retailer for a particular alcohol-based
`
`beverage product.
`
`5
`
`Transactions made using the present invention result in transaction records which are
`
`stored in the database on the host server. Transaction records may be used for reporting or
`
`advertising purposes by retailers, distributors, suppliers and/or third parties.
`
`The present invention enables suppliers to communicate directly with retailers. Suppliers
`
`may deliver targeted advertising messages to retailers, and retailers may purchase promotional
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`10
`
`materials directly from suppliers.
`
`
`
`These and other advantages of the present invention, and the manner of attaining them,
`
`will be more apparent and better understood by reference to the following descriptions of
`
`embodiments of the invention taken in conjunction with the accompanying drawings and with
`
`the appended claims.
`
`15
`
`
`
`
`
`
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 shows a block diagram of one embodiment of the system of the present invention.
`
`FIG. 2 shows a block diagram of an embodiment of the system of the present invention
`
`adapted for use in the alcohol-based beverage supply chain.
`
`20
`
`FIG. 3 shows a block diagram of one embodiment of the system of the present invention
`
`used to register a retailer with the system operator.
`
`FIG. 4 shows a flow chart of one embodiment of the process used to register a retailer
`
`according to the present invention.
`
`
`
`6
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`PROVI-1006 - Page 10
`
`

`

`
`
`FIG. 5 shows a pictorial view of an electronic form that may be transmitted from the host
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`server to the retailer system to collect the data necessary to register the retailer according to the
`
`present invention.
`
`
`
`FIG. 6 shows a flow chart illustrating one implementation of the process of establishing
`
`5
`
`an agreement between the system operator and a distributor according to the present invention.
`
`FIG. 7 shows a flow chart illustrating one implementation of the process of establishing
`
`an agreement between the system operator and a supplier according to the present invention.
`
`
`
`FIG. 8 shows a flow chart illustrating one embodiment of the method of the present
`
`invention.
`
`10
`
`FIG. 9 shows a flow chart illustrating the System Access Phase according to one
`
`embodiment of the present invention.
`
`
`
`FIG. 10 shows a flow chart illustrating the Retailer Order Phase according to one
`
`embodiment of the present invention.
`
`
`
`FIG. 11 shows a pictorial view of an electronic order form according to the present
`
`15
`
`invention.
`
`
`
`
`
`FIG. 12 shows a pictorial view of an order guide according to the present invention.
`
`FIG. 13 shows a pictorial view of the electronic order form of FIG. 11, after product
`
`order information has been added thereto according to the present invention.
`
`
`
`
`
`20
`
`FIG. 14 shows a pictorial view of an order guide according to the present invention.
`
`FIG. 15 shows a pictorial view of the electronic order form of FIG. 13, after additional
`
`product order information has been added thereto according to the present invention.
`
`
`
`
`
`FIG. 16 shows a pictorial view of an order guide according to the present invention.
`
`7
`
`PROVI-1006 - Page 11
`
`

`

`
`
`FIG. 17 shows the electronic order form of FIG. 15, after additional information has been
`
`added thereto according to the present invention.
`
`
`
`FIG. 18 shows the electronic order form of FIG. 17, after data modifications have been
`
`made thereto according to the present invention.
`
`5
`
`
`
`FIG. 19 shows a flow chart illustrating the process for acquiring a report according to the
`
`present invention.
`
`
`
`FIG. 20 shows a pictorial view of a webpage for requesting a report according to the
`
`present invention.
`
`
`
`
`
`10
`
`DESCRIPTION
`
`The present invention comprises a system for integrating the order management
`
`processes of an alcohol-based beverage supply chain, and a method for its use. FIG. 1 shows a
`
`block diagram of one embodiment of the system of the present invention. Shown in FIG. 1 is
`
`15
`
`system 10 comprising retailer system 11, distributor system 12, supplier system 13, host server
`
`14, database 15, and computer networks 16, 17, and 18. Retailer system 11, distributor system
`
`12, and supplier system 13 each comprise computers, servers, hand-held devices, personal digital
`
`assistant devices, wireless phones, or the like, as will become apparent by the functionality
`
`described herein.
`
`20
`
`The retailer using retailer system 11 is a retailer offering products for sale to end
`
`consumers. To join system 10, the retailer using retailer system 11 must register with an
`
`individual or business entity that coordinates the operation of the system of the present invention
`
`(the “system operator”). The system operator is not shown in FIG. 1. Details of the registration
`
`process and the system functions delegated to the system operator are discussed hereinafter. It is
`
`
`
`8
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`PROVI-1006 - Page 12
`
`

`

`within the scope of the present invention that the system functions delegated to the system
`
`operator herein may be carried out automatically by hardware and software means residing on or
`
`associated with host server 14, and operable to carry out those functions. Upon registration, the
`
`retailer is assigned a unique retailer identification number (the “retailer ID”). The retailer ID
`
`5
`
`may comprise an alphabetical code, a numeric code, or an alphanumeric code.
`
`The distributor using distributor system 12 is a distributor acting as an intermediary
`
`between a supplier using supplier system 13 and the retailer using retailer system 11. The
`
`distributor obtains products from the supplier, and delivers products to the retailer. In operation,
`
`the retailer places orders with the distributor through host server 14, who fulfills the orders. The
`
`10
`
`distributor may fulfill the orders out of its inventory of products previously obtained from the
`
`supplier. In another implementation, the distributor maintains no inventory of products, but
`
`instead serves only to retransmit the order from the retailer to the supplier, for fulfillment by the
`
`supplier.
`
`The distributor using distributor system 12 must register with the system operator to
`
`15
`
`become part of system 10. Details of the distributor registration process are discussed
`
`hereinafter. Upon registration, the distributor is assigned a unique distributor identification
`
`number (the “distributor ID”). The distributor ID may comprise an alphabetical code, a numeric
`
`code, or an alphanumeric code.
`
`The supplier using supplier system 13 is a supplier supplying products to the distributor
`
`20
`
`using distributor system 12 for distribution to the retailer using retailer system 11. The supplier
`
`using supplier system 13 may be an entity importing alcohol-based beverages into the country of
`
`distribution (an “importer”). The supplier using supplier system 13 must register with the system
`
`operator to become part of system 10. Details of the supplier registration process are discussed
`
`
`
`9
`
`PROVI-1006 - Page 13
`
`

`

`hereinafter. Upon registration, the supplier is assigned a unique supplier identification number
`
`(the “supplier ID”). The supplier ID may comprise an alphabetical code, a numeric code, or an
`
`alphanumeric code.
`
`For purposes of clarity, the terms “retailer,” “distributor,” and “supplier” are used herein
`
`5
`
`to identify entities that are part of the system. These terms are not necessarily used herein
`
`according to their generic meanings. Instead, the terms may represent any three levels of a
`
`multi-level supply chain, wherein a first level, identified herein as “retailer,” is decoupled from a
`
`second level, identified herein as “supplier,” by an intermediate level, identified herein as
`
`“distributor.” As will be appreciated by those skilled in the art, system 10 is capable of handling
`
`10
`
`any number of retailers, suppliers, and distributors, and any of the possible transactions that may
`
`occur among them. In addition, those skilled in the art will recognize that, although system 10 is
`
`discussed herein in terms of three levels of a multi-level supply chain, system 10 readily can be
`
`adapted to be used with any number of levels of a multi-level supply chain wherein a first level is
`
`decoupled from a second level by at least one intermediate level.
`
`15
`
`In addition, for purposes of clarity, many functions are described herein as being
`
`accomplished by the “system operator,” or by “retailer,” or by “distributor,” or by “supplier.”
`
`Because the system operator, retailer, distributor, and/or supplier typically comprise business
`
`entities such as corporations, limited liability companies, partnerships, or proprietorships, such
`
`functions actually are accomplished by representatives of these entities. A representative may be
`
`20
`
`an employee, agent, or other individual or business entity authorized by the system operator, a
`
`retailer, a distributor, or a supplier, as the case may be, to interact with others on its behalf. A
`
`representative also may be an electronic device able to accomplish the delegated functions, such
`
`as one which simulates a human voice and is responsive to human voice stimuli, or one which is
`
`
`
`10
`
`PROVI-1006 - Page 14
`
`

`

`responsive to dual tone multi-frequency input or to other electronic stimuli, or a computing
`
`device comprising hardware and software means configured and programmed to accomplish the
`
`delegated functions.
`
`In the embodiment shown in FIG. 1, host server 14 comprises a server computer,
`
`5
`
`computing device, or system of a type well known in the art. Host server 14 is operated by, or
`
`under the control of, the system operator. For purposes of clarity, host server 14 is shown in
`
`FIG. 1 and referred to herein as a single server. Host server 14 need not, however, be a single
`
`server. Host server 14 may comprise a plurality of servers or other computing devices connected
`
`by hardware and software means known in the art, which collectively are operable to perform the
`
`10
`
`functions delegated to host server 14 according to the present invention.
`
`Database 15 is “associated with” host server 14. According to the present invention,
`
`database 15 is associated with host server 14 where, as in the embodiment shown in FIG. 1,
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`database 15 resides on host server 14. Database 15 also is associated with host server 14 where
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`database 15 resides on a server or computing device remote from host server 14, provided the
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`remote server or computing device is capable of bi-directional communication with host server
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`14. Preferably, the remote server or computing device upon which database 15 resides is
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`operated by, or under the control of, the system operator. Preferably, the remote server or
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`computing device upon which database 15 resides is electrically connected to host server 14 such
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`that the remote server or computing device is in continuous bi-directional communication with
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`host server 14. For purposes of clarity, database 15 is shown in FIG. 1 and referred to herein as a
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`single database. It will be appreciated by those skilled in the art that database 15 may comprise a
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`plurality of databases connected by software means, which collectively are operable to perform
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`the functions delegated to database 15 according to the present invention. In one embodiment,
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`database 15 comprises a relational database using Microsoft® SQL Server™ as the database
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`management system. Other databases architectures and database management systems are
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`contemplated to be within the scope of the invention.
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`Computer network 16, computer network 17, and computer network 18 are computer
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`networks of a type well known in the art. Computer network 16 operably connects retailer
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`system 11 and host server 14. Computer network 17 operably connects distributor system 12 and
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`host server 14. Computer network 18 operably connects supplier system 13 and host server 14.
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`For purposes of clarity, computer network 16, computer network 17, and computer
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`network 18 are shown in FIG. 1 as distinct computer networks. This is not required. Computer
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`network 16 and computer network 17 may comprise the same computer network. In addition,
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`computer network 17 and computer network 18 may comprise the same computer network.
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`Computer network 16 and computer network 18 also may comprise the same computer network.
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`In one embodiment, all three computer networks may comprise the same computer network.
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`Any one of the three computer networks, any two of the three computer networks, or all three
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`computer networks also may comprise the Internet, cellular communications, or other networks
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`well known in the art. Where one or more of the computer networks comprises the Internet, the
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`webpages, electronic forms, and electronic documents described herein may be created and
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`manipulated using a markup language such as, for example, the hypertext markup language
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`(“HTML”), or the extensible markup language (“XML”), or similar language. Where one or
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`more of the computer networks comprises the Internet, transmission through the computer
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`network complies with well-known protocols such as the transmission control protocol/internet
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`protocol (“TCP/IP”), the file transfer protocol (FTP”), the wireless access protocol (“WAP”),
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`and the hypertext transfer protocol (“HTTP”).
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`PROVI-1006 - Page 16
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`System 10 is an embodiment of system of the present invention comprising one retailer
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`system 11, one distributor system 12, and one supplier system 13. FIG. 2 shows a block diagram
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`of another embodiment of the system adapted for use in the alcohol-based beverage supply
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`chain. Shown in FIG. 2 is system 20 comprising a plurality of retailer systems 11, a plurality of
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`distributor systems 12, a plurality of supplier systems 13 (and, therefore, a plurality of retailers,
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`distributors, and suppliers), as well as host server 14, data base 15, and computer networks 16,
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`17, and 18.
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`In operation of system 20, a retailer using retailer system 11 enters into bi-directional
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`communication with host server 14 through computer network 16. The retailer system 11
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`comprises a client computer, such as a personal computer, laptop computer, hand-held computer,
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`wireless phone, or personal digital assistant device. Bi-directional communication is achieved by
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`means well known in the art for communication over a computer network such as, for example,
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`communication over the Internet in accordance with TCP/IP, FTP, WAP, and/or HTTP
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`protocols. The retailer operating retailer system 11 finds a first Uniform Resource Locator
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`(“URL”) address, which is the URL address of a first webpage stored on host server 14. As used
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`herein, the term “webpage” means a computer file which is transmitted from a server over a
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`computer network to a client computer, such as the one operated by the retailer. At the client
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`computer, the webpage is interpreted by a software means residing on the client computer,
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`causing the webpage to be displayed on the client computer’s video display terminal. The
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`webpage may contain embedded functions comprising executable software programs such as, for
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`example, Java™ “applets,” ActiveX™ components, or JavaScript routines. The webpage may
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`comprise an electronic form or an electronic document. As used herein, “electronic form”
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`PROVI-1006 - Page 17
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`comprises a displayed form including at least one data entry field to be filled with data. As used
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`herein, an “electronic document” comprises a displayed document with no data entry fields.
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`A software means residing on retailer system 11 sends an electronic request containing
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`the URL address of the desired webpage of host server 14 over computer network 16. Such
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`5
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`electronic request is interpreted by computer network 16, which processes such request to result
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`in connection to host server 14 as identified by its URL address. At this point, retailer system 11
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`is in bi-directional communication with host server 14. Host server 14 then causes the desired
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`webpage to be sent over computer network 16 for receipt by retailer system 11. The desired
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`webpage then is displayed on the