`
`U.S. PATENT NO.
`7,181,758
`
`U.S. Patent No. 7,181,758
`Accused Instrumentalities: QVC Email/Web Server Platform
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`CLAIM 1
`
`1. An information distribution
`system
`for
`distributing
`information
`to
`users
`in
`separate locations, said system
`being associated with at least
`one receiving station and a
`plurality of receiving devices
`each located in one of said
`separate locations, each of said
`receiving devices connecting
`to a display device that can
`display said information, said
`system comprising:
`
`The accused QVC mail and web server system distributes emails to the computers of QVC users
`located in many locations. The recipient computers have display screens. The QVC web server is the
`remote site and contains QVC website data that it is configured to transmit to recipient computers. The
`QVC mail server contains email data that the mail server is configured to send to recipient computersat
`a scheduled time. Emails transmitted from the QVC 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 plain text and
`graphics. The email information includes formatting information (e.g. HTML code) which controls the
`appearance of the plain 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 URL/hyperlinking information) that is associated with the distinct clickable
`portion displayed to the user and that links to QVC web server. When the user clicks on the clickable
`portion, the URL/hyperlinking information is transmitted to the QVC web server by the recipient
`computer whereby the QVC server transmits a portion of its website data to the recipient computer.
`
`
`
`APPENDICES A-J
`
`-1-
`
`ONL-QVC 000001
`
`Ex. 1035 - Page 1 of 30
`
`Groupon, Inc.
`Exhibit 1035
`
`
`
`U.S. Patent No. 7,181,758
`Accused Instrumentalities: QVC Email/Web Server Platform
`
`
`U.S. PATENT NO.
`7,181,758
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`a remote site containing a first
`set of digital data; and
`
`See preamble above. The QVC web server is the remote site and contains QVC website data (i.e. a first
`set of digital data).
`
`
`
`APPENDIX C
`
`a sender sending, at a time
`determined by said sender, a
`second set of digital data to
`said at
`least one receiving
`station for transmission to at
`least one of said plurality of
`receiving devices, said second
`set of digital data comprising a
`first set of displayable data, a
`second set of displayable data,
`another set of data designating
`a presence of said second set
`
`See preamble above. The QVC mail server is configured to send email data to recipient computersat a
`scheduled time.Emails transmitted from the QVC 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 plain text and graphics.
`The email information includes formatting information (e.g. HTML code) 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 QVC web server.
`
`APPENDICES B,B1,D,E,F
`
`-2-
`
`ONL-QVC 000002
`
`Ex. 1035 - Page 2 of 30
`
`
`
`U.S. PATENT NO.
`7,181,758
`
`of displayable data, and a first
`linkage reference associated
`with
`said
`second
`set of
`displayable data and with said
`first set of digital data;
`
`wherein said at least one of
`said receiving devices causes
`said display device to display
`said first set of displayable
`data in a first way and said
`second set of displayable data
`in a second way, extracts at
`least a portion of said first
`linkage reference in response
`to a selection of said second
`set of displayable data by a
`user, and sends said at least a
`
`U.S. Patent No. 7,181,758
`Accused Instrumentalities: QVC Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`See preamble above. Emails transmitted from the QVC 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 plain text and
`graphics. When the user clicks on the clickable portion, the URL/hyperlinking information is
`transmitted to the QVC web server by the recipient computer whereby the QVC server transmits a
`portion of its website data to the recipient computer.
`
`
`
`APPENDICES D,E,F
`
`-3-
`
`ONL-QVC 000003
`
`Ex. 1035 - Page 3 of 30
`
`
`
`U.S. Patent No. 7,181,758
`Accused Instrumentalities: QVC Email/Web Server Platform
`
`
`ELEMENTS IN ACCUSED INSTRUMENTALITY
`
`CLAIM 4
`
`See claim 1 above.The QVC mail server contains email data that the mail server is configured to send
`to recipient computers at a scheduled time. The e-mail received is the second set of digital data.
`
`
`
`APPENDIX B
`
`U.S. PATENT NO.
`7,181,758
`
`portion of said first linkage
`reference to said remote site.
`
`4. The system of claim 1
`wherein said second set of
`digital
`data
`comprises
`electronic mail.
`
`
`
`-4-
`
`ONL-QVC 000004
`
`Ex. 1035 - Page 4 of 30
`
`
`
`1. Registering a new user
`
`2. Email sent from QVC mail server
`
`A
`
`B
`
`3. Email sent from QVC mail server at a predetermined time B1
`
`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. QVC E-mail Distribution diagrams
`
`C
`
`D
`
`E
`
`F
`
`G
`
`H
`
`I
`
`J
`
`
`
`ONL-QVC 000005
`
`Ex. 1035 - Page 5 of 30
`
`
`
`Appendix A
`Evidence of Use Support – QVC
`
`1
`
`QVC– Registering a new user
`
`
`Source: http://www.qvc.com/
`
`ONL-QVC 000006
`
`Ex. 1035 - Page 6 of 30
`
`
`
`Appendix A
`Evidence of Use Support – QVC
`
`2
`
`Source: https://www.qvc.com/LogonForm?langId=-1&storeId=10251&catalogId=10151
`
`
`
`
`
`ONL-QVC 000007
`
`Ex. 1035 - Page 7 of 30
`
`
`
`Appendix A
`Evidence of Use Support – QVC
`
`3
`
`
`
`Source: https://www.qvc.com/UserRegistrationForm?storeId=10251&catalogId=10151&langId=-
`1&new=Y&URL=RegistrationConfirmView&fromPage=none
`
`ONL-QVC 000008
`
`Ex. 1035 - Page 8 of 30
`
`
`
`Appendix B
`Evidence of Use Support – QVC
`
`
`Email sent from QVC mail server:
`Email sent to the recipient computer is stored at QVC mail server with IP address “8.7.42.14”.
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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-8-7-42-0-1/pft
`
`ONL-QVC 000009
`
`Ex. 1035 - Page 9 of 30
`
`
`
`Appendix B
`Evidence of Use Support – QVC
`
`2
`
`
`Screenshot of email received from QVC
`QVC mail server sends a welcome email to the recipient computer.
`
`Source: Screenshot of a representative email sent to a user’s email account
`
`
`
`ONL-QVC 000010
`
`Ex. 1035 - Page 10 of 30
`
`
`
`Appendix B
`Evidence of Use Support – QVC
`
`3
`
`
`Email sent from QVC mail server:
`The sender uploads the HTML content of email on the mail server.
`
`Source: QVC 00045
`
`
`
`ONL-QVC 000011
`
`Ex. 1035 - Page 11 of 30
`
`
`
`
`The mail server (CheetahMail) is configured to transmit emails to multiple users/recepients.
`
`Appendix B
`Evidence of Use Support – QVC
`
`4
`
`Source: QVC 00067
`
`
`
`ONL-QVC 000012
`
`Ex. 1035 - Page 12 of 30
`
`
`
`Appendix B1
`Evidence of Use Support – QVC
`
`1
`
`
`Email sent from QVC 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 QVC mail server.
`
`Source: QVC .com> My Account > Email & Mobile Preferences
`https://www.qvc.com/webapp/wcs/stores/servlet/EmailMobileServicesForm?storeId=10251&langId=-
`1&catalogId=10151&krypto=JeuX%2BVEXYJB2VpJqM5V0LA%3D%3D&ddkey=http:EmailMobileServicesForm
`
`
`
`ONL-QVC 000013
`
`Ex. 1035 - Page 13 of 30
`
`
`
`Appendix B1
`Evidence of Use Support – QVC
`
`2
`
`
`Email sent from QVC mail server at a predetermined time:
`QVC is able to schedule the time and frequency at which marketing emails will be sent by the QVC mail server to users.
`
`Source: QVC 00062
`
`
`
`ONL-QVC 000014
`
`Ex. 1035 - Page 14 of 30
`
`
`
`Appendix C
`Evidence of Use Support – QVC
`
`
`Web server containing data linked with the URL:
`The URL/hyperlink associated with clickable portion is hosted by the web server with IP address “184.28.89.42”.
`
`Source: Screenshot of a tool used to track packets sent from recipient computer upon selection of clickable portion.
`
`1
`
`
`
`ONL-QVC 000015
`
`Ex. 1035 - Page 15 of 30
`
`
`
`Appendix C
`Evidence of Use Support – QVC
`
`The web page stored at the web server is retrieved by the recipient computer.
`
`Source: http://www.qvc.com/?cm_ven=CARD&cm_cat=WELCOME1&cm_pla=NEWNAMES_20130805&cm_ite=MAIN_QVC
`
`2
`
`
`
`ONL-QVC 000016
`
`Ex. 1035 - Page 16 of 30
`
`
`
`Appendix C
`Evidence of Use Support – QVC
`
`
`3
`
`Web server containing data linked with the URL:
`The email links contained within QVC promotional emails link users to the QVC.com website/QVC web server.
`
`Source: QVC 00005
`
`
`
`Source: QVC 00003
`
`
`
`ONL-QVC 000017
`
`Ex. 1035 - Page 17 of 30
`
`
`
`Appendix D
`Evidence of Use Support – QVC
`
`
`Displayable information in Email:
`Email contains plain text and Clickable portion which are displayed in different colors in the email.
`
`1
`
`Clickable portion
`
`Plain text
`
`Source: Screenshot of a representative email sent to a user’s email account
`
`
`
`ONL-QVC 000018
`
`Ex. 1035 - Page 18 of 30
`
`
`
`Appendix D
`Evidence of Use Support – QVC
`
`
`2
`
`
`
`Source: Screenshot of a representative email containing formatting information (HTML code) sent to a user’s email account
`
`ONL-QVC 000019
`
`Ex. 1035 - Page 19 of 30
`
`
`
`Appendix E
`Evidence of Use Support – QVC
`
`
`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 but controls the appearance
`of the graphics that are displayed to the user and the distinct formatting of the Clickable portion. Clickable portion is associated with
`URL using “href” attribute of <a> tag.
`
`Source: Screenshot of representative email sent to a user’s email account containing HTML code of formatting data
`
`
`
`ONL-QVC 000020
`
`Ex. 1035 - Page 20 of 30
`
`
`
`Appendix E
`Evidence of Use Support – QVC
`
`
`2
`
`
`
`Source: Screenshot of representative email sent to a user’s email account containing HTML code of Clickable portion (hyperlink)
`
`
`
`
`
`ONL-QVC 000021
`
`Ex. 1035 - Page 21 of 30
`
`
`
`Appendix E
`Evidence of Use Support – QVC
`
`
`3
`
`HTML Code associated with the E-mail:
`QVC emails utilize image mapping to create distinct clickable portions on email images that link to the QVC.com website/web server.
`
`Source: QVC 00020
`
`
`
`ONL-QVC 000022
`
`Ex. 1035 - Page 22 of 30
`
`
`
`Appendix F
`Evidence of Use Support – QVC
`
`1
`
`
`Selecting hyperlink text:
`When user clicks on the clickable portion “Welcome! We’re so excited you’ve joined the QVC Community” 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-QVC 000023
`
`Ex. 1035 - Page 23 of 30
`
`
`
`Appendix F
`Evidence of Use Support – QVC
`
`
`The URL associated with Clickable portion is sent to the web server with IP address “184.28.89.42”.
`
`Source: Screenshot of a tool used to track packets sent from recipient computer upon selection of clickable portion.
`
`2
`
`
`
`ONL-QVC 000024
`
`Ex. 1035 - Page 24 of 30
`
`
`
`Appendix F
`Evidence of Use Support – QVC
`
`
`The QVC server transmits a portion of its website to the recipient computer.
`
`3
`
`Source: http://www.qvc.com/?cm_ven=CARD&cm_cat=WELCOME1&cm_pla=NEWNAMES_20130805&cm_ite=MAIN_QVC
`
`ONL-QVC 000025
`
`Ex. 1035 - Page 25 of 30
`
`
`
`Appendix G
`Evidence of Use Support – QVC
`
`
`Mail server and web server have different locations:
`Email is received from email id qvc@e.qvcemail.com from a mail server with IP address “8.7.42.14”.
`
`Source: Screenshot of a representative email sent to a user’s email account and original header of the email
`
`1
`
`
`
`ONL-QVC 000026
`
`Ex. 1035 - Page 26 of 30
`
`
`
`Appendix G
`Evidence of Use Support – QVC
`
`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 “184.28.89.42”.
`
`Source: Screenshot of a tool used to track packets sent from recipient computer upon selection of clickable portion.
`
`
`
`ONL-QVC 000027
`
`Ex. 1035 - Page 27 of 30
`
`
`
`Appendix H
`Evidence of Use Support – QVC
`
`
`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-QVC 000028
`
`Ex. 1035 - Page 28 of 30
`
`
`
`Appendix I
`Evidence of Use Support – QVC
`
`
`Encrypted information from the web server:
`Information received from web server is encrypted with the 256-bit encryption method.
`
`Source:http://www.qvc.com/LogonForm?langID=-1&storeID=10251&catalogID=10151
`
`1
`
`
`
`ONL-QVC 000029
`
`Ex. 1035 - Page 29 of 30
`
`
`
`Appendix J
`Evidence of Use Support – QVC
`
`1
`
`QVCE-mail Distribution diagrams:
`
`QVC 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 QVC
`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.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`QVC E- Mail distribution diagram (exemplary)
`
`ONL-QVC 000030
`
`Ex. 1035 - Page 30 of 30
`
`
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