UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`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
`
`
`
`________________
`
`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
`
`
`
`1. My name is James Pichler. I am over the age of twenty-one (21)
`
`years, of sound mind and capable of making the statements set forth in this
`
`Declaration. I am competent to testify to matters set forth herein. All the facts and
`
`statements contained herein are within my personal knowledge and they are, to the
`
`best of my knowledge, true and correct.
`
`2.
`
`I am being compensated by the Petitioner for my assistance with its
`
`Inter Partes Review (IPR) and, specifically, for my time spent reviewing
`
`documents in association with the IPR and in preparing my testimony.
`
`Additionally, I am not, and have never been, an employee of Petitioner, and my
`
`compensation is not dependent upon the outcome of this proceeding. I am being
`
`compensated at a rate of $150 per hour for my work.
`
`Digital River Prior Art Publications
`
`3.
`
`I have reviewed the Digital River publications provided as Exhibits
`
`1004-1006 in the petition for Inter Partes Review. I was an employee of Digital
`
`River between July 1996 and July 2010. I have personal knowledge relating to the
`
`creation and distribution of these publications as of the times and dates specified as
`
`detailed below.
`
`4.
`
`The following links from the Wayback Machine represent various
`
`content from Digital River’s website at different points in time. These links are
`
`included as Exhibits 1005-1006 in the Petition. I was personally involved in
`
`1
`
`
`
`creating and reviewing content for these websites:
`
`https://web.archive.org/web/19970412100754/http://www.digitalriver.com:80/
`
`(archived on 4/12/1997—Digital River April 1997 Website);
`
`https://web.archive.org/web/19971221024408/http://digitalriver.com:80/ (archived
`
`on 12/21/1997 Digital River December 1997 Website 1 of 4);
`
`https://web.archive.org/web/19971221024500/http://digitalriver.com:80/Page2.htm
`
`l (archived on 12/21/1997 Digital River December 1997 Website 2 of 4);
`
`https://web.archive.org/web/19971221024519/http://digitalriver.com:80/Page3.htm
`
`l (archived on 12/21/1997 Digital River December 1997 Website 3 of 4);
`
`https://web.archive.org/web/19971221024534/http://digitalriver.com:80/Page4.htm
`
`l (archived on 12/21/1997 Digital River December 1997 Website 4 of 4). I certify
`
`that each of these pages are true and correct copies of the specified web pages, and
`
`that they were published on the World Wide Web at location noted in the archive
`
`at least as of the archive date provided by the Wayback Machine.
`
`5.
`
`A person in the field of ecommerce systems in general, ecommerce
`
`affiliate sales systems, web storefront design, and the like, exercising reasonable
`
`diligence, would have found the above websites using customary internet searching
`
`tools available at the time. Additionally, in my position and capacity at Digital
`
`River I often spoke to potential clients in the ecommerce area, including
`
`individuals with 3 plus years of technical expertise in this field such as web-
`
`2
`
`
`
`designers and technical developers who design and manage ecommerce websites,
`
`and directed them to the above websites. In fact, the above websites were made
`
`explicitly to receive traffic from such individuals.
`
`6.
`
`Exhibit 1004 is the 1997 Digital River brochure. I was personally
`
`involved in creating and reviewing content for this brochure, and I certify that
`
`Exhibit 1004 is a true and correct copy. The 1997 Brochure was freely and
`
`actively distributed to potential clients as early as the summer of 1997. When
`
`brochures such as this were made by Digital River, it was our express goal to
`
`distribute as far and as wide as possible to people in our field (e.g. merchant’s
`
`having or wanting to establish ecommerce websites and web designers tasked with
`
`designing and maintaining such sites). Individuals receiving this brochure would
`
`include potential clients 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.
`
`7.
`
`The following links from the Wayback Machine represent various
`
`content from Corel and 21 Software Drive’s webpages at different points in time.
`
`Both Corel and 21 Software Drive were customers of Digital River prior to April
`
`1998. These links are included as Exhibits 1007-1009 in the Petition. I was
`
`personally involved working with Corel and 21 Software Drive in reviewing
`
`content for these websites:
`
`3
`
`
`
`https://web.archive.org/web/19980709173407/http:/www.corel.com:80/products/
`
`(archived on 7/9/1998—Corel July 1998 Webpage(Ex. 1007));
`
`https://web.archive.org/web/19980421125610/http:/www.21softwaredrive.com:80/
`
`cgi-
`
`local/SoftCart.exe/docs/graphics.html?L+21softwaredrive+okst5026+893179447
`
`(archived on 4/21/1998—21 Software Drive April 1998 Search Webpage (Ex.
`
`1008));
`
`https://web.archive.org/web/19980421133025/http:/www.21softwaredrive.com:80/
`
`cgi-
`
`local/SoftCart.exe/prods/ITEM186.html?L+21softwaredrive+okst5026+89316526
`
`7 (archived on 4/21/1998—21 Software Drive April 1998 Shopping Cart Webpage
`
`(Ex. 1009)). I certify that each of these pages are true and correct copies of the
`
`specified web pages, and that they were published on the World Wide Web at
`
`location noted in the archive at least as of the archive date provided by the
`
`Wayback Machine.
`
`8.
`
`Exhibit 1007 is a webpage from the Corel website from July 9, 1998.
`
`I was personally involved in reviewing content for this website, and I certify that
`
`Exhibit 1007 is a true and correct copy. The Corel webpage was freely and
`
`actively distributed to potential customers at least by July 1998. I navigated to the
`
`Corel webpage by first going to the Digital River website on the Wayback
`
`4
`
`
`
`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 link to the Corel webpage which is at this URL:
`
`https://web.archive.org/web/19980709173348/http://www.corel.com:80/. This is
`
`consistent with how one of the public could navigate to the web pages at the time.
`
`The Corel 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.
`
`9.
`
`Exhibit 1008 is a webpage including a search option from the 21
`
`Software Drive website from April 21, 1998. I was personally involved in
`
`reviewing content for this website, and I certify that Exhibit 1008 is a true and
`
`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:
`
`5
`
`
`
`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
`
`https://web.archive.org/web/19980421125145/http://www.21softwaredrive.com:80
`
`/cgi-local/SoftCart.exe/docs/index.html?E+21softwaredrive. From the 21 Software
`
`Drive homepage, I selected the “Graphics Gourmet” link which is at this URL:
`
`https://web.archive.org/web/19980421125610/http://www.21softwaredrive.com:80
`
`/cgi-
`
`local/SoftCart.exe/docs/graphics.html?L+21softwaredrive+okst5026+893179447.
`
`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.
`
`6
`
`
`
`10. Exhibit 1009 is a webpage including links to a shopping cart from the
`
`21 Software Drive website from April 21, 1998. I was personally involved in
`
`reviewing content for this website, and I certify that Exhibit 1009 is a true and
`
`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
`
`https://web.archive.org/web/19980421125145/http://www.21softwaredrive.com:80
`
`/cgi-local/SoftCart.exe/docs/index.html?E+21softwaredrive. From the 21 Software
`
`Drive homepage, I selected the “Graphics Gourmet” link which is at this URL:
`
`https://web.archive.org/web/19980421125610/http://www.21softwaredrive.com:80
`
`/cgi-
`
`7
`
`
`
`local/SoftCart.exe/docs/graphics.html?L+21softwaredrive+okst5026+893179447.
`
`Finally, I selected the “Print Shop Deluxe II” link which is at this URL:
`
`https://web.archive.org/web/19980421133025/http://www.21softwaredrive.com:80
`
`/cgi-
`
`local/SoftCart.exe/prods/ITEM186.html?L+21softwaredrive+okst5026+89316526
`
`7. This is consistent with how one of the public could navigate to the web pages at
`
`the time. The 21 Software Drive webpage included links to add products to a
`
`shopping cart, alter the shopping cart, or checkout, 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.
`
`11.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`8
`
`
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