Attorney's Docket No.: 003801.P004Z
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re Application of:
`
`Bradley A. Handler
`
`Application No: Not yet assigned
`
`Filed: Concurrently herewith
`
`For:
`
`INTEGRATED AUCTION
`
`Assistant Commissioner for Patents
`Washington, D.C. 20231
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Sir:
`
`Provisional Application Cover Letter
`(under 37 CFR § 1.53(c)(l))
`
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under
`
`37 CFR § 1.53(c). In accordance with 37 CFR § 1.14, the inventors will be identified by a
`
`filing a cover sheet as prescribed by 37 CFR § 1.51 (c)( 1) during the pendency of the above-
`
`referenced provisional application or by setting forth their names in the application papers of
`
`the one or more nonprovisional applications that may mature from the above-referenced
`
`provisional application.
`
`"Express Mail" mailirllg
`Date of Deposit: __ ~;:sm112s:rJi~~ _______ _
`I hereby certify that I am causing this paper or fee to be deposited
`with the United States Postal Service "Express Mail Post Office to
`Addressee" service on the date indicated above and that this paper
`or fee has been addressed to the Assistant Commissioner for
`Patents, Washington, D. C. 20231
`Lind
`a· retti
`e
`print d name of erson mailing paper or fee)
`-'"
`
`(T
`
`eBay Ex. 1023, Page 1
`
`

`

`PROVISIONAL APPLICATION COVER LETTER
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53 (c).
`
`INTEGRATED AUCTION
`
`TITLE OF THE INVENTION (280 characters max)
`
`CORRESPONDENCE ADDRESS {including country: if not United States}
`Michael Anthony DeSanctis
`BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN, LLP
`12400 Wilshire Boulevard, Seventh Floor
`Los Angeles, California 90025-1026
`Telephone: (408) 720-8598
`
`FAX: (408) 720-9397
`
`ENCLOSED APPLICATION PARTS (check all that apply)
`
`_x_ Specification
`
`Number of Pages
`
`14
`
`Small Entity Statement
`
`_x_ Drawing(s)
`
`Number of Sheets
`
`6
`
`x
`
`Other (specify)
`EXQress Mail Certificate of Mailing
`Return Postcard
`Associate Power of Attorne~
`Letter Regarding Limited Recognition
`
`METHOD OF PAYMENT OF FILING FEES FOR THIS
`PROVISIONAL APPLICATION FOR PATENT (check one)
`_x_ A check or money order is enclosed to cover the filing fees
`
`- - The Commissioner is hereby authorized to charge
`filing fees and credit Deposit Account No. 02-2666
`
`Filing Fee Amount ($)150.00
`
`This invention was rnade by an agency of the United States Government or under contract with an agency of the United States
`Government..
`_X_ No
`Yes, the name of the U.S. Governrnent Agency and the Governrnent Contract Number are: _______ _
`
`Respectfully submitted, I//f\ (\
`~Cz1L~::::::----
`
`SIGNATURE
`
`DATE
`
`TYPED or PRINTED NAME: ~~=--=::~~lL-____ _
`
`REGISTRATION NO. Under 37 CFR § 10.9(b)
`(if appropriate)
`
`eBay Ex. 1023, Page 2
`
`

`

`PTO/SS/17(10/96)
`Approved for use through 09/30198. OMS 0651-0032
`Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are reqUIred to respond to a collection of Information unless It displays a valid OMS control number
`
`FEE TRANSMITTAL
`
`TOTAL AMOUNT OF PAYMENT ($)
`
`~ 150.00
`
`Complete if Known:
`Application No.
`Not Yet Assigned
`Filing Date Concurrentll:: Herewith
`First Named Inventor Bradlel:: A. Handler
`Group Art Unit Not Yet Assigned
`Examiner Name Not Yet Assigned
`Attorney Docket No. 003801.POO4Z
`
`METHOD OF PAYMENT (check one)
`
`1.
`
`[
`
`]
`
`The Commissioner is hereby authorized to charge indicated fees and credit
`any over payments to:
`
`Deposit Account Number
`Deposit Account Name
`
`n ...... "",<>
`
`[ X
`
`] Charge Any Additional Fee Required Under 37 CFR 1.16 and 1.17
`
`[
`
`] Charge the Issue Fee Set in 37 CFR 1.18 at the Mailing of the
`Notice of Allowance, 37 CFR 1.131(b)
`
`2.
`
`_X_
`
`Payment Enclosed
`Check
`Money Order
`Other
`
`FEE CALCULATION (fees effective 10/01/97)
`1.
`
`FILING FEE
`
`Large Entit~
`Small Entit~
`Fee
`Fee
`Fee
`Fee
`Code
`($) Code ($)
`Fee Descrigtion
`101
`760
`201
`380
`Utility application filing fee
`106
`310
`206
`155
`Design application filing fee
`107
`480
`207
`240
`Plant filing fee
`760
`208
`108
`380
`Reissue filing fee
`114
`150
`214
`75
`Provisional application filing fee
`
`Fee Paid
`
`150.00
`
`SUBTOTAL (1)
`
`$150.00
`
`2.
`
`CLAIMS
`
`0
`Total Claims
`Independent Claims a
`Multiple Dependent Claims
`
`Extra
`
`-20 =
`0
`-3 = a
`a
`
`X
`X
`X
`
`Fee from
`below
`
`Fee Paid
`
`=
`
`::::
`
`0.00
`0.00
`0.00
`
`Small Entitll
`Large Entit~
`Fee
`Fee
`Fee
`Fee
`Code
`($) Code ($)
`Fee Description
`103
`203
`18
`9 Claims in excess of twenty
`102
`78
`202
`39
`Independent claims in excess of 3
`104
`260
`204
`130 Multiple dependent claim
`109
`78
`209
`39
`Reissue independent claims over original patent
`110
`210
`9
`Reissue claims in excess of 20 and over original patent
`18
`
`Fee Paid
`0.00
`0.00
`0.00
`0.00
`0.00
`
`11/30/98
`
`- 1 -
`
`PTO/SS/17 (10-96)
`
`SUBTOTAL (2)
`
`$ 0.00
`
`eBay Ex. 1023, Page 3
`
`

`

`FEE CALCULATION (continued)
`
`3.
`
`ADDITIONAL FEES
`
`Large Entit~
`Fee
`Fee
`Code
`($)
`105
`130
`127
`50
`
`Small Entit~
`Fee
`Fee
`Code
`($)
`65
`205
`227
`25
`
`139
`147
`112
`
`130
`2,520
`920*
`
`139
`147
`112
`
`130
`2,520
`920*
`
`113
`
`1,840*
`
`113
`
`1,840*
`
`55
`190
`435
`680
`925
`150
`150
`130
`1,510
`55
`
`605
`
`605
`215
`290
`130
`50
`240
`40
`
`380
`
`380
`
`115
`116
`117
`118
`128
`119
`120
`121
`138
`140
`
`110
`380
`870
`1,360
`1,850
`300
`300
`260
`1,510
`110
`
`215
`216
`217
`218
`228
`219
`220
`221
`138
`240
`
`141
`
`1,210
`
`241
`
`142
`143
`144
`122
`123
`126
`581
`
`146
`
`149
`
`1,210
`430
`580
`130
`50
`240
`40
`
`760
`
`760
`
`242
`243
`244
`122
`123
`126
`581
`
`246
`
`249
`
`Other fee (specify)
`
`Other fee (specify)
`
`·Reduced by Basic Filing Fee Paid
`
`SUBMITTED BY:
`
`Fee Paid
`
`Fee Description
`Surcharge - late filing fee or oath
`Surcharge - late provisional filing fee
`or cover sheet
`Non-English specification
`For filing a request for reexamination
`Requesting publication of SIR prior to
`Examiner action
`Requesting publication of SIR after
`Examiner action
`Extension for response within first month
`Extension for response within second month
`Extension for response within third month
`Extension for response within fourth month
`Extension for response within fifth month
`Notice of Appeal
`Filing a brief in support of an appeal
`Request for oral hearing
`Petition to institute a public use proceeding
`Petition to revive unavoidably abandoned
`application
`Petition to revive unintentionally
`abandoned application
`Utility issue fee (or reissue)
`Design issue fee
`Plant issue fee
`Petitions to the Commissioner
`Petitions related to provisional applications
`Submission of Information Disclosure Stmt
`Recording each patent assignment per
`property (times number of properties)
`For filing a submission after final rejection
`(see 37 CFR 1.129(a»
`For each additional invention to be examined
`(see 37 CFR 1.129(a»
`
`SUBTOTAL (3) $ 0.00
`
`Typed or Printed Name:
`v\fV\~
`Under 37 CFR §10.9(b)
`
`-"lAr-n~d:..:...re",-' ..""L,,--. ,-,-M~a:.:...:ra::.!.js",--___________________ _
`I 2 /0 ft / <79
`r
`•
`
`Deposit Account User 10 _...\J.f n?~')~C>"C>ll;;"C>L ____ _
`(complete if applicable)
`
`Date
`
`Signature
`
`Reg. Number
`
`11/30/98
`
`- 2 -
`
`PTO/SS/17 (10-96)
`Approved for use through 09/30198 OMS 0651-0032
`Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`eBay Ex. 1023, Page 4
`
`

`

`Attorney Docket No.: 003801.P004Z
`
`Patent
`
`UNITED STATES PROVISIONAL PATENT APPLICATION
`
`FOR
`
`INTECRATED AUCTION
`
`INVENTOR:
`
`BRADLEY A. HANDLER - San Jose, CA
`
`PREPARED BY:
`
`BLAKEL Y, SOKOLOFF, TAYLOR & ZAFMAN LLP
`12400 WILSHIRE BOULEVARD
`SEVENTH FLOOR
`Los ANGELES, CA 90025-1026
`(408) 720-8598
`
`EXPRESS MAIL CERTIFICATE OF MAILING
`
`"Express Mail" mailing label JlUJ.LJu<Ol._....!2!~~~~d.:L __________ _ _
`Date of Deposit: December 8, 1998
`I hereby certify that I am causing thIS paper or fee to be deposited with the UnIted States Postal Service "Express Mail
`Post Office to Addressee" service on the date indIcated above and that this paper or fee has been addressed to the
`Commissioner of Patents and Trademarks, Washington, D. C. 20231
`
`(Date signed)
`
`eBay Ex. 1023, Page 5
`
`

`

`INTEGRATED AUCTION
`
`COPYRIGHT NOTICE
`
`Contained herein is material that is subject to copyright protection. The copyright
`
`5
`
`owner has no objection to the facsimile reproduction of the patent disclosure by any
`
`person as it appears in the Patent and Trademark Office patent files or records, but
`
`otherwise reserves all rights to the copyright whatsoever.
`
`FIELD OF THE INVENTION
`
`10
`
`The invention relates generally to the fields of auctioning and online commerce.
`
`More particularly, the invention relates to an integrated auction fotUlat that incorporates
`
`features of both Internet and traditional, real world auctions.
`
`BACKGROUND OF THE INVENTION
`
`15
`
`Auction houses that run live, real-time, on-site auctions ("traditional auctions")
`
`continue to experience much success. However, geographic barriers, travel costs, and
`
`other constraints limit the participation in such auctions. Meanwhile, with the advent of
`
`online auctioning pioneered by eBay Inc., the assignee of the present invention, more and
`
`more Internet users are realizing the ease and convenience of buying items online.
`
`20 Currently, the eBay community includes over one million registered users that together
`
`submit more than 280,000 bids per day.
`
`It is desirable, therefore, to expand the reach of traditional auctions via the
`
`Internet. In particular, it would be advantageous to incorporate the best of both Internet
`
`and traditional auctions into an integrated auction format.
`
`003801.P004Z
`
`- 2 -
`
`eBay Ex. 1023, Page 6
`
`

`

`BRIEF DESCRIPTION OF THE DRAWINGS
`
`The present invention is illustrated by way of example, and not by way of
`
`limitation, in the figures of the accompanying drawings and in which:
`
`5
`
`Figure 1 is a simplified view of an exemplary client-server environment in which
`
`the online portion of an integrated auction may occur according to one embodiment of the
`
`present invention.
`
`Figure 2 is an exemplary online auction site screen that allows online bidders to
`
`participate in an integrated auction according to one embodiment of the present invention.
`
`10
`
`Figure 3 is an example of a computer system upon which one embodiment of the
`
`present invention may be implemented.
`
`Figure 4 is a high level illustration of the interaction between various devices and
`
`processes according to one embodiment of the present invention.
`
`Figure 5 conceptually illustrates the stages of an integrated auction according to
`
`15
`
`one embodiment of the present invention.
`
`Figure 6 is a flow diagram illustrating integrated auction processing according to
`
`one embodiment of the present invention.
`
`003801.P004Z
`
`3
`
`eBay Ex. 1023, Page 7
`
`

`

`DETAILED DESCRIPTION
`
`A method and apparatus for carrying out an integrated auction are described. In
`
`the following description, for the purposes of explanation, numerous specific details are
`
`set forth in order to provide a thorough understanding of the present invention. It will be
`
`5
`
`apparent, however, to one skilled in the art that the present invention may be practiced
`
`without some of these specific details. In other instances, well-known structures and
`
`devices are shown in block diagram form.
`
`As will be described in greater detail below, the present invention includes
`
`features that seek to enhance the traditional auctioning experience. According to one
`
`10
`
`embodiment, an integrated auction incorporates various features of traditional and
`
`Internet auctions (also referred to as online auctions). In a first stage of the integrated
`
`auction, e.g., the "pre-auction bidding stage", a starting bid for a traditional, live auction
`
`may be established based upon bids received from online bidders. In one embodiment,
`
`multiple online auctions may be conducted with a view to establishing a starting bid.
`
`15
`
`Subsequently, in a second stage of the integrated auction, e.g., the "live auction stage", a
`
`live auction is conducted by an auction house, such as Guernsey's, using the highest bid
`
`from the pre-auction bidding stage. During the live auction stage, bidding information is
`
`updated on the online auction site and online bidders may submit additional maximum
`
`proxy amounts. Finally, in an optional third stage of the integrated auction, e.g., the
`
`20
`
`"proxy showdown stage", if an online bidder's maximum proxy price is greater than the
`
`highest bid from the live auction stage, then the integrated auction returns to the live
`
`auction until the proxy price has been met. Advantageously, in this manner, the reach of
`
`traditional auctions may be expanded via the Internet.
`
`003801.P004Z
`
`- 4-
`
`eBay Ex. 1023, Page 8
`
`

`

`In a further embodiment, a live auction stage may precede a online auction stage,
`
`in which case the live auction stage may establish a starting bid for the online auction
`
`stage. Similarly, a proxy showdown stage could precede either an online or a live auction
`
`stage to establish a base bid for a subsequent stage. In yet a further embodiment,
`
`5
`
`numerous online, live and proxy showdown auction stages could be interspersed in any
`
`combination, or with any regularity, to carry out an integrated auction.
`
`In the preferred embodiment, the steps of the present invention are embodied in
`
`machine-executable instructions. The instructions can be used to cause a general-purpose
`
`or special-purpose processor which is programmed with the instructions to perform the
`
`10
`
`steps of the present invention. Alternatively, the steps of the present invention might be
`
`performed by specific hardware components that contain hardwired logic for performing
`
`the steps, or by any combination of programmed computer components and custom
`
`hardware components.
`
`The present invention may be provided as a computer program product which may
`
`15
`
`include a machine-readable medium having stored thereon instructions which may be
`
`used to program a computer (or other electronic devices) to perform a process according
`
`to the present invention. The machine-readable medium may include, but is not limited
`
`to, floppy diskettes, optical disks, CD-ROMs, and magneto-optical disks, ROMs, RAMs,
`
`EPROMs, EEPROMs, magnet or optical cards, flash memory, or other type of media /
`
`20 machine-readable medium suitable for storing electronic instructions. Moreover, the
`
`present invention may also be downloaded as a computer program product, wherein the
`
`program may be transferred from a remote computer (e.g., a server) to a requesting
`
`computer (e.g., a client) by way of data signals embodied in a carrier wave or other
`
`propagation medium via a communication link (e.g., a modem or network connection).
`
`003801.P004Z
`
`- 5 -
`
`eBay Ex. 1023, Page 9
`
`

`

`Client-Server Environment
`
`Figure 1 is a simplified view of an exemplary client-server environment, such as
`
`the World Wide Web (the Web), in which the online portion of an integrated auction may
`
`5
`
`take place. The architecture of the Web follows a conventional client -server model. The
`
`terms "client" and "server" are used to refer to a computer's general role as a requester of
`
`data (the client) or provider of data (the server). Web clients 105 and Web servers 110
`
`communicate using a protocol such as HyperText Transfer Protocol (HTTP). In the Web
`
`environment, Web browsers reside on clients and render Web documents (pages) served
`
`10
`
`by the Web servers. The client-server model is used to communicate information
`
`between clients 105 and servers 110. Web servers 110 are coupled to the Internet 100
`
`and respond to document requests and/or other queries from Web clients 105. When a
`
`user selects a document by submitting its Uniform Resource Locator (URL), a Web
`
`browser, such as Netscape Navigator or Internet Explorer, opens a connection to a server
`
`15
`
`110 and initiates a request (e.g., an HTTP get) for the document. The server 110 delivers
`
`the requested document, typically in the form of a text document coded in a standard
`
`markup language such as HyperText Markup Language (HTML).
`
`Exemplary Online Auctioning Site Interface
`
`20
`
`Figure 2 is an exemplary online auction site screen that allows online bidders to
`
`participate in an integrated auction. According to one embodiment, when an online
`
`bidder requests to view items associated with an integrated auction, screen 200 is
`
`presented with a textual list of items 205. In this example, each item 210 includes a
`
`hypertext link 215 having a title (or brief description) of the item for sale, an indication
`
`003801.P004Z
`
`- 6 -
`
`eBay Ex. 1023, Page 10
`
`

`

`220 of whether or not an image of the item is available, the current minimum bid 230, the
`
`number of bids received 240, and an auction ending date and/or time 250. Responsive to
`
`the selection of the hypertext link 215, a subsequent screen (not shown) may prompt the
`
`online bidder to enter his/her maximum bid for the item 210. As will be described further
`
`5
`
`below, by providing a maximum bid amount, a proxy bidding system may bid on behalf
`
`of the online bidder as necessary by increasing the online bidder's bid by the current bid
`
`increment until the maximum is reached. Advantageously, in this manner, the online
`
`bidder need not keep track of the auction as it proceeds and is assured he/she will not be
`
`outbid at the last minute - unless the maximum specified is exceeded.
`
`10
`
`Exemplary Computer System
`
`A computer system 300 representing an exemplary server in which features of the
`
`present invention may be implemented will now be described with reference to Figure 3.
`
`Computer system 300 comprises a bus or other communication means 301 for
`
`15
`
`communicating information, and a processing means such as processor 302 coupled with
`
`bus 301 for processing information. Computer system 300 further comprises a random
`
`access memory (RAM) or other dynamic storage device 304 (referred to as main memory),
`
`coupled to bus 301 for storing information and instructions to be executed by processor
`
`302. Main memory 304 also may be used for storing temporary variables or other
`
`20
`
`intermediate information during execution of instructions by processor 302. Computer
`
`system 300 also comprises a read only memory (ROM) and/or other static storage device
`
`306 coupled to bus 301 for storing static information and instructions for processor 302.
`
`A data storage device 307 such as a magnetic disk or optical disc and its
`
`corresponding drive may also be coupled to computer system 300 for storing information
`
`003801.P004Z
`
`- 7 -
`
`eBay Ex. 1023, Page 11
`
`

`

`and instructions. Computer system 300 can also be coupled via bus 301 to a display device
`
`321, such as a cathode ray tube (CRT) or Liquid Crystal Display (LCD), for displaying
`
`information to a computer user. Typically, an alphanumeric input device 322, including
`
`alphanumeric and other keys, may be coupled to bus 301 for communicating information
`
`5
`
`and/or command selections to processor 302. Another type of user input device is cursor
`
`control 323, such as a mouse, a trackball, or cursor direction keys for communicating
`
`direction information and command selections to processor 302 and for controlling cursor
`
`movement on display 321.
`
`A communication device 325 is also coupled to bus 301 for accessing remote
`
`10
`
`servers via the Internet, for example. The communication device 325 may include a
`
`modem, a network interface card, or other commercially available network interface
`
`devices, such as those used for coupling to an Ethernet, token ring, or other type of
`
`network. In any event, in this manner, the computer system 300 may be coupled to a
`
`number of clients and/or other servers via a conventional network infrastructure, such as a
`
`15
`
`company's Intranet and/or the Internet, for example.
`
`System Overview
`
`Figure 4 is a high level illustration of the interaction between various devices and
`
`processes according to one embodiment of the present invention. According to the
`
`20
`
`embodiment depicted, an online auction site 400 may comprise one or more listing
`
`servers 410. In this example, the listing servers 410 include a listing management process
`
`415, a proxy bidding process 425, and a live auction interface 430. Clients 470 interact
`
`with the listing management process 415 and the proxy bidding process 425 to view
`
`information about items for sale and submit proxy prices, respectively.
`
`003801.P004Z
`
`- 8 -
`
`eBay Ex. 1023, Page 12
`
`

`

`The listing management process 415 interacts with online bidders and provides
`
`them with information about the items in which they are interested. The listing
`
`management process 415 may support a text-based item listing format, such as that
`
`depicted in Figure 2, and/or a GalleryTM presentation format that includes thumbnail
`
`5
`
`images of the items for sale as described in co-pending US Patent Application No.
`
`09/177,726, entitled "Information Presentation and Management in an Online Trading
`
`Environment" and assigned to the assignee of the present invention (Gallery is a
`
`trademark of eBay Inc. of San Jose, CA).
`
`The proxy bidding process 425 tracks the maximum amounts that online bidders
`
`10
`
`are willing to pay for the items 210. Based upon the maximum amounts provided, the
`
`proxy bidding process 425 automatically submits bids on behalf on the online bidders as
`
`other bidders (online or on-site bidders) increase the bid price.
`
`The live auction interface 430 provides an interface by which online bids may be
`
`communicated to the on-site bidders and live bids may be communicated to the proxy
`
`15
`
`bidding process 425 and updated on various online auction site screens.
`
`While, in order to facilitate explanation, the listing servers 410 are generally
`
`discussed as if they were a single device, in actuality, the listing servers 410 may
`
`comprise multiple physical and/or logical devices connected in a distributed architecture,
`
`and the various functions performed may actually be distributed among multiple devices.
`
`20
`
`For example, any function can be implemented on any number of machines or on a single
`
`machine. Also, any process may be divided across multiple machines.
`
`003801.P004Z
`
`- 9 -
`
`eBay Ex. 1023, Page 13
`
`

`

`Exemplary Stages of an Integrated Auction
`
`Figure 5 conceptually illustrates the stages of an integrated auction according to
`
`one embodiment of the present invention. In this example, an integrated auction
`
`comprises three separate and distinct stages: a pre-auction bidding stage 530, a live
`
`5
`
`auction stage 540, and a proxy showdown stage 550. Bidding results may be fed from
`
`one stage to the next and the results from a previous stage may serve as the floor for the
`
`following stage. For example, an initial round of online bidding 530 taking place over a
`
`predetermined period of time may establish a starting bid 510 for the live auction stage
`
`540. At the conclusion of the live auction stage 540, if one or more online bidders have
`
`10
`
`submitted maximum proxy prices that are greater than the final bid from the live auction
`
`stage 540, the proxy showdown stage 550 is triggered in which the live auction continues
`
`until the maximum proxy price has been met.
`
`Integrated Auction Flow
`
`15
`
`Referring now to the flow diagram of Figure 6, exemplary integrated auction
`
`processing will now be described. At step 610, a minimum bid for the live auction stage
`
`540 is established by an online auction site 400. For example, one or more online bidders
`
`may submit maximum bid amounts to the proxy bidding process 425 to have the proxy
`
`bidding process 425 bid on their behalf. Other bidders may choose to monitor the pre-
`
`20
`
`auction bidding stage 530 and periodically submit bids. When the predetermined time
`
`period for the pre-auction bidding stage 530 expires, the highest bid is presented to the
`
`auction house via the live auction interface 430. In this manner, the starting bid for the
`
`live auction stage 540 is established in a new and exciting way, thereby creating
`
`additional hype about the auction. At step 620, the auction house conducts a live auction
`
`003801.P004Z
`
`- 10-
`
`eBay Ex. 1023, Page 14
`
`

`

`starting the bidding at the dollar amount provided by the online auction site 400. During
`
`the live auction, live bids by the on-site bidders may be communicated to the online
`
`bidders via the live auction interface 430. Additionally, the online bidders may be
`
`provided with teleconferencing or other means of monitoring the progress of the live
`
`5
`
`auction 540. At any rate, at the conclusion of the live auction, the final bid is input into
`
`the live auction interface 430. At step 630, a determination is made whether or not to
`
`perform a proxy showdown. If one or more online bidders have submitted a maximum
`
`proxy price greater than the highest bid from the live auction stage, then processing
`
`continues with step 640. Otherwise, the integrated auction is complete. At step 640, the
`
`10
`
`on-site bidders are pitted against the one or more online bidders' proxies. As above, live
`
`bids are presented to the online auction site 400 via the live auction interface 430 to allow
`
`the online bidders to view near real-time updates. As explained previously, the proxy
`
`bidding process 425 will automatically bid on behalf of the online bidders as necessary
`
`until the maximum is exceeded. Therefore, step 640 continues until either all maximum
`
`15
`
`proxy prices have been exceeded or until no further live bids are received.
`
`The present invention also contemplates the online displaying, selling, or offering
`
`for sale, of items and support material traditionally associated with a live, in-person
`
`auction. Merely for example, auction catalogs may be displayed during the online and/or
`
`live auction stages, or offered for sale prior to, or during, an integrated auction.
`
`20
`
`A description of an exemplary integrated auction is provided in the attached
`
`Annexure A.
`
`In the foregoing specification, the invention has been described with reference to
`
`specific embodiments thereof. It will, however, be evident that various modifications and
`
`changes may be made thereto without departing from the broader spirit and scope of the
`
`003801.P004Z
`
`- 11 -
`
`eBay Ex. 1023, Page 15
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`

`

`invention. The specification and drawings are, accordingly, to be regarded in an
`
`illustrative rather than a restrictive sense.
`
`003801.P004Z
`
`- 12 -
`
`eBay Ex. 1023, Page 16
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`

`

`ANNEXURE A
`
`MARK McGWIRE AND SAMMY SOSA 1998 HOME RUN BALLS TO BE
`
`AUCTIONED BY GUERNSEY'S IN ALLIANCE WITH eBay
`
`Items to be Auctioned at Madison Square Garden
`
`Guernsey's, the New York auction house, in alliance with eBay (www.ebay.com). the
`
`largest person-to-person online trading community, announced today the sports auction of
`
`the century. The auction, consisting of seven famed baseballs along with other significant
`
`memorabilia from baseball's magical 1998 season, as well as other historical baseball
`
`items.
`
`Four Mark McGwire home run balls, numbers 63, 67, 68, and the record smashing 70th
`
`ball and three 1998 Sammy Sosa home run balls, numbers 61, 64, and 66 are the
`
`highlights of this extraordinary auction. The collection of baseballs will be auctioned by
`
`Guernsey's at Madison Square Garden.
`
`"This is the big auction that everyone has been waiting for and Guernsey's is thrilled to
`
`contribute to baseball's history," Arlan Ettinger, president of Guernsey's said. "This
`
`exceptional auction celebrates baseball's most exciting season and brings together several
`
`pieces of renowned memorabilia for the world to see."
`
`One week prior to the live auction, in what is considered to be the first-ever On-LiveTM
`
`auction, eBay will host the online component of the Sosa and McGwire home run ball
`
`auction. eBay will launch six, individual private auctions, including images of the record(cid:173)
`
`breaking baseballs. In addition, eBay will promote the auctions on its Web site at
`
`http://pa,!!es.ebay.com/aw/homerun-ball.html as well as sell the auction catalogs.
`
`"As pioneers in online trading, we are excited to partner with Guernsey's, a well(cid:173)
`
`respected auction house, to bridge the world of Internet auctions with live auctions for the
`
`very first time," said Meg Whitman, president and chief executive officer, eBay. "This
`
`much-awaited event can now be witnessed by people around the world. "
`
`eBay Ex. 1023, Page 17
`
`

`

`Major League Baseball's magical season climaxed when Phil Ozersky caught Mark
`
`McGwire's 70th home run ball at Busch Stadium. The 70th ball is the crown jewel of this
`
`unique auction.
`
`The other McGwire baseballs to be auctioned off all have their own place in history. On
`
`September 15, Mark McGwire stepped to the plate against the Pittsburgh Pirates and
`
`belted home run number 63 (450th of his career), which was caught by John Grass in the
`
`left-center field stands at Busch Stadium.
`
`In St. Louis, McGwire came to the plate in the fourth inning against Montreal and
`
`smacked home run number 67 into left field, where Douglas Singer was waiting for it to
`
`land in his glove. In that same game, Heath Wiseman, a student from Iowa State
`
`University, eagerly caught McGwire's 68th home run ball.
`
`While McGwire was chasing a piece of history in St. Louis, a new rivalry began with his
`
`friend Sammy So sa in Chicago, who himself began to challenge records with his 6pt home
`
`run. Sammy Sosa is donating his 61 st home run ball, the one that tied Roger Maris'
`
`former record, with all the proceeds going to The Sammy Sosa Charitable Foundation.
`
`Veron Kuhlemeier was sitting in the right field stands of Milwaukee's County when
`
`Sammy Sosa crushed home run number 64, a fastball that landed in his glove. The 66th
`
`ball, which represents the second most home runs ever hit in a single season, came off
`
`Sosa's bat and now belongs to Albert Chapa.
`
`A catalog describing each of the stories behind the seven home run balls is available from
`
`Guernsey's. The catalog features color photos of each ball and historical anecdotes from
`
`the famous homeruns in history.
`
`eBay Ex. 1023, Page 18
`
`

`

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`eBay Ex. 1023, Page 19
`
`eBay Ex. 1023, Page 19
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`
`

`

`Hnml' Listin"~ BlIver~ ~ Search fuln. NewslChat Site ~(aQ
`
`Current Aucuons
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`'"
`
`Current II N~w T,)(iay II EndlD" Tqday II Completed II Q(\t!l" G01l1<' en",'
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`NE,IJJ!Vintage handmade paper florals on wood tr:lV Pte
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`NE,IJJ!jv(exicq,n Pottery Vase nQ. 4. Pte
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`$2J OOO
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`For more Items In this c~tegory. click on the followmg pages:
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`
`eBay Ex. 1023, Page 20
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`

`

`r
`
`-
`
`MAIN
`MEMORY
`lM
`
`READ ONLY
`MEMORY
`200
`
`MASS
`STORAGE
`DEVICE
`301
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`BUS
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`301
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`PROCESSOR
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`I
`I
`502
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`DISPLAY
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`KEYBOARD
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`CURSOR
`CONTROL
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`L..
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`COMMUNICATION
`DEVICE
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`325
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`FIG. 3
`
`eBay Ex. 1023, Page 21
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`

`

`Listing Server(s) 410
`
`Listing
`Management
`Process 415
`
`Proxy Bidding
`Process 425
`
`Live Auction Interface 430
`
`Client(s) 470
`
`FIGURE 4
`
`eBay Ex. 1023, Page 22
`
`

`

`. ~
`
`Value
`($K)
`
`50
`
`DAti
`
`17j5
`
`Only if Internet
`bid outbids live
`auction's bid
`
`Proxy
`Showdown
`~ sso
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`~------ S
`:to
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`Live
`Auction
`S~D
`
`minimum
`validated bid
`
`~
`
`"",UNe Bidding
`530
`
`- - - - - - - - ----- 5
`
`'0
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`1>41 ..,
`
`Time
`
`.....
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`live
`Hammer
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`aNt/Nt:
`Hammer
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`~, .
`
`eBay Ex. 1023, Page 23
`
`

`

`I ntegrated Auction Processing
`
`Establish Minimum
`Bid For Li