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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`SHOPIFY, INC.,
`Petitioner,
`
`v.
`
`DDR HOLDINGS, LLC,
`Patent Owner.
`____________
`
`Case No.: Unassigned
`INTER PARTES REVIEW OF U.S. PATENT NOS. 8,515,825, 9,043,228 &
`9,639,876
`________________
`
`DECLARATION OF JAMES PICHLER IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NOS. 8,515,825, 9,043,228 &
`9,639,876
`
`Shopify Exhibit 1003
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`
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`1. My name is James Pichler. I am over the age of twenty-one (21)
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`years, of sound mind and capable of making the statements set forth in this
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`Declaration. I am competent to testify to matters set forth herein. All the facts and
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`statements contained herein are within my personal knowledge and they are, to the
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`best of my knowledge, true and correct.
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`2.
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`I am being compensated by the Petitioner for my assistance with its
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`Inter Partes Review (IPR) and, specifically, for my time spent reviewing
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`documents in association with the IPR and in preparing my testimony.
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`Additionally, I am not, and have never been, an employee of Petitioner, and my
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`compensation is not dependent upon the outcome of this proceeding. I am being
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`compensated at a rate of $150 per hour for my work.
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`Digital River Prior Art Publications
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`3.
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`I have reviewed the Digital River publications provided as Exhibits
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`1004-1006 in the petition for Inter Partes Review. I was an employee of Digital
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`River between July 1996 and July 2010. I have personal knowledge relating to the
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`creation and distribution of these publications as of the times and dates specified as
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`detailed below.
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`4.
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`The following links from the Wayback Machine represent various
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`content from Digital River’s website at different points in time. These links are
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`included as Exhibits 1005-1006 in the Petition. I was personally involved in
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`1
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`
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`creating and reviewing content for these websites:
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`https://web.archive.org/web/19970412100754/http://www.digitalriver.com:80/
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`(archived on 4/12/1997—Digital River April 1997 Website);
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`https://web.archive.org/web/19971221024408/http://digitalriver.com:80/ (archived
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`on 12/21/1997 Digital River December 1997 Website 1 of 4);
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`https://web.archive.org/web/19971221024500/http://digitalriver.com:80/Page2.htm
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`l (archived on 12/21/1997 Digital River December 1997 Website 2 of 4);
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`https://web.archive.org/web/19971221024519/http://digitalriver.com:80/Page3.htm
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`l (archived on 12/21/1997 Digital River December 1997 Website 3 of 4);
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`https://web.archive.org/web/19971221024534/http://digitalriver.com:80/Page4.htm
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`l (archived on 12/21/1997 Digital River December 1997 Website 4 of 4). I certify
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`that each of these pages are true and correct copies of the specified web pages, and
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`that they were published on the World Wide Web at location noted in the archive
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`at least as of the archive date provided by the Wayback Machine.
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`5.
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`A person in the field of ecommerce systems in general, ecommerce
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`affiliate sales systems, web storefront design, and the like, exercising reasonable
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`diligence, would have found the above websites using customary internet searching
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`tools available at the time. Additionally, in my position and capacity at Digital
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`River I often spoke to potential clients in the ecommerce area, including
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`individuals with 3 plus years of technical expertise in this field such as web-
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`2
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`
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`designers and technical developers who design and manage ecommerce websites,
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`and directed them to the above websites. In fact, the above websites were made
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`explicitly to receive traffic from such individuals.
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`6.
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`Exhibit 1004 is the 1997 Digital River brochure. I was personally
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`involved in creating and reviewing content for this brochure, and I certify that
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`Exhibit 1004 is a true and correct copy. The 1997 Brochure was freely and
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`actively distributed to potential clients as early as the summer of 1997. When
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`brochures such as this were made by Digital River, it was our express goal to
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`distribute as far and as wide as possible to people in our field (e.g. merchant’s
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`having or wanting to establish ecommerce websites and web designers tasked with
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`designing and maintaining such sites). Individuals receiving this brochure would
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`include potential clients in the ecommerce area, including individuals with 3 plus
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`years of technical expertise in this field such as web-designers and technical
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`developers who design and manage ecommerce websites.
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`7.
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`The following links from the Wayback Machine represent various
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`content from Corel and 21 Software Drive’s webpages at different points in time.
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`Both Corel and 21 Software Drive were customers of Digital River prior to April
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`1998. These links are included as Exhibits 1007-1009 in the Petition. I was
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`personally involved working with Corel and 21 Software Drive in reviewing
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`content for these websites:
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`3
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`
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`https://web.archive.org/web/19980709173407/http:/www.corel.com:80/products/
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`(archived on 7/9/1998—Corel July 1998 Webpage(Ex. 1007));
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`https://web.archive.org/web/19980421125610/http:/www.21softwaredrive.com:80/
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`cgi-
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`local/SoftCart.exe/docs/graphics.html?L+21softwaredrive+okst5026+893179447
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`(archived on 4/21/1998—21 Software Drive April 1998 Search Webpage (Ex.
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`1008));
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`https://web.archive.org/web/19980421133025/http:/www.21softwaredrive.com:80/
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`cgi-
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`local/SoftCart.exe/prods/ITEM186.html?L+21softwaredrive+okst5026+89316526
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`7 (archived on 4/21/1998—21 Software Drive April 1998 Shopping Cart Webpage
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`(Ex. 1009)). I certify that each of these pages are true and correct copies of the
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`specified web pages, and that they were published on the World Wide Web at
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`location noted in the archive at least as of the archive date provided by the
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`Wayback Machine.
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`8.
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`Exhibit 1007 is a webpage from the Corel website from July 9, 1998.
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`I was personally involved in reviewing content for this website, and I certify that
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`Exhibit 1007 is a true and correct copy. The Corel webpage was freely and
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`actively distributed to potential customers at least by July 1998. I navigated to the
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`Corel webpage by first going to the Digital River website on the Wayback
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`4
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`
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`Machine which is at this URL:
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`https://web.archive.org/web/19980508160558/http:/digitalriver.com:80/. From the
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`Digital River homepage I selected the “Clients of Digital River” link which is at
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`this URL:
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`https://web.archive.org/web/19980508160736/http://digitalriver.com:80/Page5.htm
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`l. Next, I selected the link to the Corel webpage which is at this URL:
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`https://web.archive.org/web/19980709173348/http://www.corel.com:80/. This is
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`consistent with how one of the public could navigate to the web pages at the time.
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`The Corel webpage included product search functionalities, which was a common
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`aspect of webpages at the time. Individuals receiving this webpage could be
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`anyone including individuals in the ecommerce area, including individuals with 3
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`plus years of technical expertise in this field such as web-designers and technical
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`developers who design and manage ecommerce websites.
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`9.
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`Exhibit 1008 is a webpage including a search option from the 21
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`Software Drive website from April 21, 1998. I was personally involved in
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`reviewing content for this website, and I certify that Exhibit 1008 is a true and
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`correct copy. This 21 Software Drive webpage was freely and actively distributed
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`to potential customers at least by April 1998. I navigated to this 21 Software Drive
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`webpage by first going to the Digital River website on the Wayback Machine
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`which is at this URL:
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`5
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`
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`https://web.archive.org/web/19980508160558/http:/digitalriver.com:80/. From the
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`Digital River homepage I selected the “Clients of Digital River” link which is at
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`this URL:
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`https://web.archive.org/web/19980508160736/http://digitalriver.com:80/Page5.htm
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`l. Next, I selected the 21 Software Drive link which is at this URL:
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`https://web.archive.org/web/19980421125123/http://www.21softwaredrive.com:80
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`/. I entered the 21 Software Drive website by clicking on the link in the center of
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`the page which is at this URL
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`https://web.archive.org/web/19980421125145/http://www.21softwaredrive.com:80
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`/cgi-local/SoftCart.exe/docs/index.html?E+21softwaredrive. From the 21 Software
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`Drive homepage, I selected the “Graphics Gourmet” link which is at this URL:
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`https://web.archive.org/web/19980421125610/http://www.21softwaredrive.com:80
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`/cgi-
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`local/SoftCart.exe/docs/graphics.html?L+21softwaredrive+okst5026+893179447.
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`This is consistent with how one of the public could navigate to the web pages at
`
`the time. The 21 Software Drive webpage included product search functionalities,
`
`which was a common aspect of webpages at the time. Individuals receiving this
`
`webpage could be anyone including individuals in the ecommerce area, including
`
`individuals with 3 plus years of technical expertise in this field such as web-
`
`designers and technical developers who design and manage ecommerce websites.
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`6
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`
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`10. Exhibit 1009 is a webpage including links to a shopping cart from the
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`21 Software Drive website from April 21, 1998. I was personally involved in
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`reviewing content for this website, and I certify that Exhibit 1009 is a true and
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`correct copy. This 21 Software Drive webpage was freely and actively distributed
`
`to potential customers at least by April 1998. I navigated to this 21 Software Drive
`
`webpage by first going to the Digital River website on the Wayback Machine
`
`which is at this URL:
`
`https://web.archive.org/web/19980508160558/http:/digitalriver.com:80/. From the
`
`Digital River homepage I selected the “Clients of Digital River” link which is at
`
`this URL:
`
`https://web.archive.org/web/19980508160736/http://digitalriver.com:80/Page5.htm
`
`l. Next, I selected the 21 Software Drive link which is at this URL:
`
`https://web.archive.org/web/19980421125123/http://www.21softwaredrive.com:80
`
`/. I entered the 21 Software Drive website by clicking on the link in the center of
`
`the page which is at this URL
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`https://web.archive.org/web/19980421125145/http://www.21softwaredrive.com:80
`
`/cgi-local/SoftCart.exe/docs/index.html?E+21softwaredrive. From the 21 Software
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`Drive homepage, I selected the “Graphics Gourmet” link which is at this URL:
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`https://web.archive.org/web/19980421125610/http://www.21softwaredrive.com:80
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`/cgi-
`
`7
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`
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`local/SoftCart.exe/docs/graphics.html?L+21softwaredrive+okst5026+893179447.
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`Finally, I selected the “Print Shop Deluxe II” link which is at this URL:
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`https://web.archive.org/web/19980421133025/http://www.21softwaredrive.com:80
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`/cgi-
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`local/SoftCart.exe/prods/ITEM186.html?L+21softwaredrive+okst5026+89316526
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`7. This is consistent with how one of the public could navigate to the web pages at
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`the time. The 21 Software Drive webpage included links to add products to a
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`shopping cart, alter the shopping cart, or checkout, which was a common aspect of
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`webpages at the time. Individuals receiving this webpage could be anyone
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`including individuals in the ecommerce area, including individuals with 3 plus
`
`years of technical expertise in this field such as web-designers and technical
`
`developers who design and manage ecommerce websites.
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`11.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code.
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`8
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