U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`CLAIM 1
`
`The accused Groupon mail and web server system distributes emails to the computers of Groupon users
`located in many locations.The recipient computers have display screens. The Groupon mail server is
`the first remote site and contains email data that the mail server is configured to send to recipient
`computers. The Groupon web server is the second remote site and contains Groupon website data that
`the web server is configured to transmit to recipient computers. Emails transmitted from the Groupon
`mail server to recipient computers contains plain text and graphics that are displayed in the body of the
`email, including a distinct looking clickable portion that is readily discernable by being formatted
`differently from its surrounding graphics. The email information includes formatting information (e.g.
`HTML code) that is not displayed to the user but which controls the appearance of the graphics that are
`displayed to the user in the body of the email, including the distinct formatting of the clickable
`portion.The email also contains linking information (e.g. HTML code with URL/hyperlinking
`information) that is associated with the distinct clickable portion displayed to the user and that links to
`the Groupon web server but that is not itself displayed to the user. When the user clicks on the
`clickable portion, the URL/hyperlinking information is transmitted to the Groupon web server by the
`recipient computer whereby the Groupon server transmits a portion of its website data to the recipient
`computer.
`
`
`
`U.S. PATENT NO.
`8,457,545
`
`1. An information distribution
`system
`for
`distributing
`information to a plurality of
`receiving devices in a plurality
`of locations, at least one of
`said devices being connected
`to a display, said system
`comprising:
`
`
`
`
`
`
`
`ONL-GRPN 000061
`
`Ex. 1033 - Page 1 of 33
`
`Groupon, Inc.
`Exhibit 1033
`
`
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`CLAIM 1
`
`The accused Groupon mail and web server system distributes emails to the computers of Groupon users
`located in many locations.The recipient computers have display screens. The Groupon mail server is
`the first remote site and contains email data that the mail server is configured to send to recipient
`computers. The Groupon web server is the second remote site and contains Groupon website data that
`the web server is configured to transmit to recipient computers. Emails transmitted from the Groupon
`mail server to recipient computers contains plain text and graphics that are displayed in the body of the
`email, including a distinct looking clickable portion that is readily discernable by being formatted
`differently from its surrounding graphics. The email information includes formatting information (e.g.
`HTML code) that is not displayed to the user but which controls the appearance of the graphics that are
`displayed to the user in the body of the email, including the distinct formatting of the clickable
`portion.The email also contains linking information (e.g. HTML code with URL/hyperlinking
`information) that is associated with the distinct clickable portion displayed to the user and that links to
`the Groupon web server but that is not itself displayed to the user. When the user clicks on the
`clickable portion, the URL/hyperlinking information is transmitted to the Groupon web server by the
`recipient computer whereby the Groupon server transmits a portion of its website data to the recipient
`computer.
`
`
`
`U.S. PATENT NO.
`8,457,545
`
`1. An information distribution
`system
`for
`distributing
`information to a plurality of
`receiving devices in a plurality
`of locations, at least one of
`said devices being connected
`to a display, said system
`comprising:
`
`
`
`
`
`
`
`ONL-GRPN 000061
`
`Ex. 1033 - Page 1 of 33
`
`Groupon, Inc.
`Exhibit 1033
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`U.S. PATENT NO.
`8,457,545
`
`APPENDICES A-J
`
`a first remote site containing at
`least a first set of digital data;
`
`See preamble above.The Groupon mail server is the first remote site and contains email content data
`(i.e., at least a first set of digital data).
`
`APPENDIX B
`
`site
`remote
`second
`a
`containing at least a second set
`of digital data;
`
`said first remote site adapted to
`transmit a signal encoded with
`at least said first set of digital
`data to said at least one of said
`receiving devices, said first set
`of digital data comprising:
`
`
`
`See preamble above.The Groupon web server is the second remote site and contains Groupon website
`data (i.e., at least a second set of digital data).
`
`APPENDIX C
`
`See preamble above.The Groupon mail server is configured to send email data to recipient computers.
`
`
`APPENDIX B
`
`-2-
`
`ONL-GRPN 000062
`
`Ex. 1033 - Page 2 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`See preamble above. Emails transmitted from the Groupon mail server to recipient computers contain
`plain text and graphics that are displayed in the body of the email, including a distinct looking clickable
`portion that is readily discernible by being formatted differently from its surrounding text and graphics.
`
`
`
`APPENDIX D
`
`See preamble above. The email information includes formatting information (e.g. HTML code) that is
`not displayed to the user but which controls the appearance of the text and graphics that are displayed
`to the user in the body of the email, including the distinct formatting of the clickable portion.
`
`APPENDICESD, E
`
`-3-
`
`U.S. PATENT NO.
`8,457,545
`
`a first set of displayable data
`and a second set of displayable
`data adapted to appear on said
`display, said second set of
`displayable data having an
`appearance on said display
`distinct from the appearance of
`said first set of displayable
`data on
`said display
`for
`facilitating a user to select said
`second set of displayable data;
`
`for
`data
`indicating
`distinguishing the appearance
`of
`said
`second
`set
`of
`displayable data
`from
`the
`appearance of said first set of
`displayable
`data,
`said
`
`
`
`ONL-GRPN 000063
`
`Ex. 1033 - Page 3 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`See preamble above. The email also contains linking information (e.g. HTML code with
`URL/hyperlinking information) that is associated with distinct clickable portion displayed to the user
`and web server containing Groupon website data but that is not itself displayed to the user.
`
`
`APPENDICES D, E, F
`
`See preamble above. When the user clicks on the clickable portion, the URL/hyperlinking information
`is transmitted to the Groupon web server by the recipient computer.
`
`APPENDIX F
`
`-4-
`
`U.S. PATENT NO.
`8,457,545
`
`indicating data not being
`displayed to the user; and
`
`linkage
`first
`a
`least
`at
`linkage
`reference, said first
`reference
`being
`associated
`with
`said
`second
`set of
`displayable data and at least
`one portion of said second set
`of digital data, said
`first
`linkage reference not being
`displayed to the user;
`
`least one of said
`said at
`devices
`being
`receiving
`to
`transmit said
`configured
`first linkage reference to said
`second remote site upon the
`
`
`
`ONL-GRPN 000064
`
`Ex. 1033 - Page 4 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`CLAIM 2
`
`See claim 1 above. The email transmitted from the Groupon mail server includes text and graphics
`displayed to the recipient user.
`
`APPENDIX H
`
`CLAIM 5
`
`See claim 1 above. The emails transmitted from the Groupon mail server to recipient computers
`contains text and graphics that are displayed in the body of the email, including a differently colored
`clickable portion.
`
`APPENDIX D
`
`CLAIM 6
`
`-5-
`
`U.S. PATENT NO.
`8,457,545
`
`user’s selection of said second
`set of displayable data on said
`display.
`
`2.The system of Claim 1,
`wherein said first set of digital
`data includes multimedia data.
`
`5. The system of claim 1,
`wherein said second set of
`displayable data appears on
`said display in a different color
`than
`said
`first
`set
`of
`displayable data.
`
`
`
`ONL-GRPN 000065
`
`Ex. 1033 - Page 5 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`See claim 1 above. The Groupon server transmits a portion of its website data to the recipient computer
`and the received data is displayed on the recipient display screen.
`
`
`
`APPENDICES C, F
`
`CLAIM 7
`
`See claim 1 above. The email information includes HTML code containing linking information (e.g.
`URL/hyperlinking information) that is associated with clickable portion. The linking information is not
`displayed to the user.
`
`APPENDIX E
`
`U.S. PATENT NO.
`8,457,545
`
`6. The system of claim 1,
`wherein said at least one of
`said
`receiving devices
`is
`adapted to cause said at least
`one portion of said second set
`of digital data to be displayed
`on said display.
`
`7. The system of claim 1,
`wherein said indicating data
`includes data for indicating a
`presence of said first linkage
`reference,
`said
`data
`for
`indicating the presence of said
`first
`linkage
`reference not
`being displayed to the user.
`
`
`
`-6-
`
`ONL-GRPN 000066
`
`Ex. 1033 - Page 6 of 33
`
`
`
`U.S. PATENT NO.
`8,457,545
`
`10. The system of claim 1,
`wherein said second set of
`digital data is encrypted.
`
`14. An information distribution
`system
`for
`distributing
`information to a plurality of
`receiving devices in a plurality
`of locations, at least one of
`said receiving devices being
`connected to a display, said
`system comprising:
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`CLAIM 10
`
`See claim 1 above. The portion of the website that is transmitted to the recipient computer is encrypted
`with the 256-bit encryption method.
`
`APPENDIX I
`
`CLAIM 14
`
`The accused Groupon mail and web server system distributes emails to the computers of Groupon users
`located in many locations. The recipient computers have display screens. The Groupon mail server is
`the first remote site and contains email content data (i.e., at least a first set of digital data).The Groupon
`web server is the second remote site and contains Groupon website data (i.e., at least a second set of
`digital data). The Groupon mail server is configured to send email data to recipient computers.Emails
`transmitted from the Groupon mail server to recipient computers contain plain text and graphics that
`are displayed in the body of the email, including a distinct looking clickable portion that is readily
`discernible by being formatted differently from its surrounding text and graphics. The email
`information includes formatting information (e.g. HTML code) which controls the appearance of the
`text and graphics that are displayed to the user in the body of the email, including the distinct
`formatting of the clickable portion. The email also contains linking information (e.g. HTML code with
`
`
`
`-7-
`
`ONL-GRPN 000067
`
`Ex. 1033 - Page 7 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`U.S. PATENT NO.
`8,457,545
`
`URL/hyperlinking information) that is associated with distinct clickable portion displayed to the user
`and web server containing Groupon website data. When the user clicks on the clickable portion, the
`URL/hyperlinking information is transmitted to the Groupon web server by the recipient computer.
`
`APPENDICESA-J
`
`a first remote site containing at
`least a first set of digital data;
`
`See preamble above.The Groupon mail server is the first remote site and contains email content data
`(i.e., at least a first set of digital data).
`
`APPENDIX B
`
`site
`remote
`second
`a
`containing at least a second set
`of digital data;
`
`said first remote site adapted to
`transmit a signal encoded with
`at least said first set of digital
`
`
`
`See preamble above.The Groupon web server is the second remote site and contains Groupon website
`data (i.e., at least a second set of digital data).
`
`APPENDIX C
`
`See preamble above.The Groupon mail server is configured to send email data to recipient computers.
`
`
`APPENDIX B
`
`-8-
`
`ONL-GRPN 000068
`
`Ex. 1033 - Page 8 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`See preamble above. Emails transmitted from the Groupon mail server to recipient computers contain
`plain text and graphics that are displayed in the body of the email, including a distinct looking clickable
`portion that is readily discernible by being formatted differently from its surrounding text and graphics.
`
`
`
`APPENDIX D
`
`U.S. PATENT NO.
`8,457,545
`
`data to said at least one of said
`receiving devices, said first set
`of digital data comprising:
`
`a first set of displayable data
`and a second set of displayable
`data adapted to appear on said
`display, said second set of
`displayable data having an
`appearance on said display
`distinct from the appearance of
`said first set of displayable
`data on
`said display
`for
`facilitating a user to select said
`second set of displayable data;
`
`for
`data
`indicating
`distinguishing the appearance
`
`See preamble above. The email information includes formatting information (e.g. HTML code) which
`controls the appearance of the text and graphics that are displayed to the user in the body of the email,
`
`
`
`-9-
`
`ONL-GRPN 000069
`
`Ex. 1033 - Page 9 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`including the distinct formatting of the clickable portion.
`
`
`
`APPENDIX E
`
`See preamble above. The email also contains linking information (e.g. HTML code with
`URL/hyperlinking information) that is associated with distinct clickable portion displayed to the user
`and web server containing Groupon website data.
`
`
`APPENDICES D, E, F
`
`See preamble above. When the user clicks on the clickable portion, the URL/hyperlinking information
`is transmitted to the Groupon web server by the recipient computer.
`
`
`
`U.S. PATENT NO.
`8,457,545
`
`of
`set
`second
`said
`of
`the
`from
`displayable data
`appearance of said first set of
`displayable data; and
`
`linkage
`first
`a
`least
`at
`linkage
`reference, said first
`reference
`being
`associated
`with
`said
`second
`set of
`displayable data and at least
`one portion of said second set
`of digital data;
`
`least one of said
`said at
`devices
`being
`receiving
`to
`transmit said
`configured
`first linkage reference to said
`
`
`
`-10-
`
`ONL-GRPN 000070
`
`Ex. 1033 - Page 10 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`APPENDIX F
`
`CLAIM 15
`
`See claim 14 above. The email transmitted from the Groupon mail server includes text and graphics
`displayed to the recipient user.
`
`APPENDIX H
`
`CLAIM 17
`
`See claim 14 above. The emails transmitted from the Groupon mail server to recipient computers
`contains text and graphics that are displayed in the body of the email, including a differently colored
`clickable portion.
`
`
`
`APPENDIX D
`
`-11-
`
`U.S. PATENT NO.
`8,457,545
`
`second remote site upon the
`user's selection of said second
`set of displayable data on said
`display.
`
`15. The system of claim 14,
`wherein said first set of digital
`data includes multimedia data.
`
`17. The system of claim 14,
`wherein said second set of
`displayable data appears on
`said display in a different color
`than
`said
`first
`set
`of
`displayable data.
`
`
`
`ONL-GRPN 000071
`
`Ex. 1033 - Page 11 of 33
`
`
`
`U.S. Patent No. 8,457,545
`Accused Instrumentalities: Groupon Email/Web Server Platform
`
`
`-12-
`
`
`
`
`
`ONL-GRPN 000072
`
`Ex. 1033 - Page 12 of 33
`
`
`
`1. Registering a new user
`
`2. Email sent from Groupon mail server
`
`3. Email sent from Groupon mail server at a
`predetermined time
`4. Web server containing data linked with the URL
`
`5. Displayable information in E-mail
`
`6. HTML Code associated with the E-mail
`
`7. Selecting hyperlink text
`
`8. Mail server and web server have different locations
`
`9. E-mail includes multimedia data
`
`10. Encrypted information from the web server
`
`11. Groupon E-mail distribution diagrams
`
`A
`
`B
`
`B1
`
`C
`
`D
`
`E
`
`F
`
`G
`
`H
`
`I
`
`J
`
`
`
`ONL-GRPN 000073
`
`Ex. 1033 - Page 13 of 33
`
`
`
`Appendix A
`Evidence of Use Support – Groupon
`
`Groupon– Registering a new user
`
`Source: https://www.groupon.com/
`
`1
`
`
`
`ONL-GRPN 000074
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`Ex. 1033 - Page 14 of 33
`
`
`
`Appendix A
`Evidence of Use Support – Groupon
`
`2
`
`Source: https://www.groupon.com/users/new
`
`
`
`ONL-GRPN 000075
`
`Ex. 1033 - Page 15 of 33
`
`
`
`Appendix B
`Evidence of Use Support – Groupon
`
`1
`
`
`Email sent from Groupon mail server:
`Email sent to the recipient computer is stored at Groupon mail server with IP address “50.115.210.235”.
`
`
`Source: Screenshot of a representative email sent to a user’s email account, original header of the email and
`http://whois.arin.net/rest/net/NET-50-115-208-0-1/pft
`
`
`
`ONL-GRPN 000076
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`Ex. 1033 - Page 16 of 33
`
`
`
`Appendix B
`Evidence of Use Support – Groupon
`
`2
`
`
`Screenshot of email received from Groupon
`Groupon mail server sends a welcome email to the recipient computer.
`
`Source: Screenshot of a representative email sent to a user’s email account
`
`
`
`ONL-GRPN 000077
`
`Ex. 1033 - Page 17 of 33
`
`
`
`Appendix B1
`Evidence of Use Support – Groupon
`
`
`Email sent from Groupon mail server at a predetermined time:
`User is allowed to select the frequency of newsletter sent to the user at a time determined by the Groupon mail server.
`
`Source: Groupon.com> My Email Subscriptions
`https://www.groupon.com/subscription_center/4d9cb54e-baef-11e3-9363-0025909232fa
`
`1
`
`
`
`ONL-GRPN 000078
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`Ex. 1033 - Page 18 of 33
`
`
`
`
`
`Appendix B1
`Evidence of Use Support – Groupon
`
`Source: Screenshot of a representative email sent to a user’s email account and original header of the email
`
`2
`
`
`
`ONL-GRPN 000079
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`Ex. 1033 - Page 19 of 33
`
`
`
`Appendix C
`Evidence of Use Support – Groupon
`
`
`Web server containing data linked with the URL:
`The URL/hyperlink associated with clickable portion is hosted by the web server with IP address “184.27.191.170”.
`
`Source: Screenshot of a tool used to track packets sent from recipient computer upon selection of clickable portion.
`
`1
`
`
`
`ONL-GRPN 000080
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`Ex. 1033 - Page 20 of 33
`
`
`
`Appendix C
`Evidence of Use Support – Groupon
`
`The web page stored at the web server is retrieved by the recipient computer.
`
`2
`
`Source: https://www.groupon.com/customer_support#select-issue
`
`
`
`ONL-GRPN 000081
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`Ex. 1033 - Page 21 of 33
`
`
`
`Appendix D
`Evidence of Use Support – Groupon
`
`
`Displayable information in Email:
`Email contains plain text and Clickable portion which are displayed in different colors in the email.
`
`Plain text
`
`Clickable portion
`
`Source: Screenshot of a representative email sent to a user’s email account
`
`1
`
`
`
`ONL-GRPN 000082
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`Ex. 1033 - Page 22 of 33
`
`
`
`Appendix D
`Evidence of Use Support – Groupon
`
`
`2
`
`
`
`Source: Screenshot of a representative email containing formatting information (HTML code) sent to a user’s email account
`
`ONL-GRPN 000083
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`Ex. 1033 - Page 23 of 33
`
`
`
`Appendix E
`Evidence of Use Support – Groupon
`
`
`1
`
`HTML Code associated with the E-mail:
`The email information includes formatting information (e.g. HTML code) that is not displayed to the user butcontrols the appearance
`of the graphics that are displayed to the user and the distinct formatting of the hyperlink.Clickable portionis associated with URL
`using <a> tag.
`
`Source: Screenshot of representative email sent to a user’s email account containing HTML code of formatting data
`
`
`
`ONL-GRPN 000084
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`Ex. 1033 - Page 24 of 33
`
`
`
`2
`
`
`
`Appendix E
`Evidence of Use Support – Groupon
`
`
`
`
`Source: Screenshot of representative email sent to a user’s email account containing HTML code of Clickable portion (hyperlink)
`
`ONL-GRPN 000085
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`Ex. 1033 - Page 25 of 33
`
`
`
`Appendix F
`Evidence of Use Support – Groupon
`
`1
`
`
`Selecting hyperlink text:
`When user clicks on Clickable portion “contact us” URL associated with it, is sent to a web server.
`
`
`Source: Screenshot of representative email sent to a user’s email account containing HTML code of Clickable portion (URL)
`
`ONL-GRPN 000086
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`Ex. 1033 - Page 26 of 33
`
`
`
`Appendix F
`Evidence of Use Support – Groupon
`
`
`The URLassociated with Clickable portion is hosted by the Groupon web server with IP address “184.27.191.170”.
`
`Source: Screenshot of a tool used to track packets sent from recipient computer upon selection of clickable portion.
`
`2
`
`
`
`ONL-GRPN 000087
`
`Ex. 1033 - Page 27 of 33
`
`
`
`Appendix F
`Evidence of Use Support – Groupon
`
`
`The Groupon server transmits a portion of its website to the recipient computer.
`
`Source: https://www.groupon.com/customer_support#select-issue
`
`3
`
`
`
`ONL-GRPN 000088
`
`Ex. 1033 - Page 28 of 33
`
`
`
`Appendix G
`Evidence of Use Support – Groupon
`
`1
`
`
`Mail server and web server have different locations:
`Email is received from email id noreply@r.groupon.com from a mail server with IP address “50.115.210.235”.
`
`Source: Screenshot of a representative email sent to a user’s email account and original header of the email
`
`
`
`ONL-GRPN 000089
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`Ex. 1033 - Page 29 of 33
`
`
`
`Appendix G
`Evidence of Use Support – Groupon
`
`2
`
`
`When a user clicks on the Clickable portion the user’s device sends a get request to a web server with an IP address “184.27.191.170”
`assigned to hostGroupon.com.
`
`Source: Screenshot of a tool used to track packets sent from recipient computer upon selection of clickable portion.
`
`
`
`ONL-GRPN 000090
`
`Ex. 1033 - Page 30 of 33
`
`
`
`Appendix H
`Evidence of Use Support – Groupon
`
`
`E-mail includes multimedia data:
`E-mail is a combination of text and images.
`
`Source: Screenshot of representative email sent to a user’s email account containing HTML code.
`
`1
`
`
`
`ONL-GRPN 000091
`
`Ex. 1033 - Page 31 of 33
`
`
`
`Appendix I
`Evidence of Use Support – Groupon
`
`
`Encrypted information from the web server:
`Information received from web server is encrypted using 256 bit encryption.
`
`1
`
`Source:https://www.groupon.com/
`
`
`
`
`ONL-GRPN 000092
`
`Ex. 1033 - Page 32 of 33
`
`
`
`Appendix J
`Evidence of Use Support – Groupon
`
`1
`
`GrouponE-mail distribution diagrams:
`
`Groupon owns and/or operates an e-mail distribution system (i.e., an information distribution system) for distributing e-mails (i.e.,
`information) to a plurality of users in separate locations. The system is associated with at least one receiving station (i.e., a target
`domain’s mail server (e.g., gmail server, hotmail server) and a plurality of receiving devices located at user locations (e.g., computers,
`smartphones, tablets) that include a display (i.e., display device) that can display an e-mail.
`
`E- mail flow distribution diagram (exemplary)
`
`
`
`ONL-GRPN 000093
`
`Ex. 1033 - Page 33 of 33
`
`
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