Quotes cited in Petition from Petitioner Exhibits 1004 and 1006 (Digital River SSS references) compared to corresponding
`quotes from Digital River art reviewed by examiner during prosecution
`Quote in Petition [source]
`Quotes from Digital River references seen by examiner on the same topic
`1) “As a client of Digital River, you
`1-a) “Digital River Network”:
`will become part of the Digital River
`- Technology Solutions to Electronic Transactions (1998 Digital River white
`Network. Network members will be
`paper):
`able to link between each other's
`“Digital River enables the sale and download of software from thousands of sites,
`sites so that complimentary
`including a large network of independent dealers.”(p. 1); “Combining a customer's
`products can be bundled, and the
`history with the Digital River network of dealers and vendors allows parallel businesses to
`consumer experience enhanced; not
`offer complementary products and coordinate special offers.” (p. 4); “Digital River, with
`to mention the added opportunity
`its network of dealers and developers” (p. 6)
`for sales revenue. Digital River can
`- DigitalRiver.com website (Dec. 1997) (Ex. 1006, pages seen by examiner):
`also provide assistance in increasing
`“As our client you also become part of the Digital River Network, …”, “…your products
`site traffic, the sites’ sales impact,
`will appear on the sites of all the dealers who are part of the Digital River Network.” (p.
`and even design modifications.”
`5)
`[Petition, p. 16 (citing Ex. 1004, p. 3)]
`- Marketing Software on the Internet (1998 Digital River white paper):
`“Digital River enables the sale and download of software from thousands of sites,
`including a large network of independent dealers.” (p. 3)
`- Form S-1, Amendment No. 4 (Digital River SEC filing, Aug. 11, 1998):
`“…the Company’s network of online retailer clients.”, “End-users who purchase products
`over the company’s network…” (p. 3); “through the Company's extensive network of
`online retailers.” (p. 32)
`- Digital River – The Journey Continues (1998 brochure):
`“The Digital River retail network provides…” (p. 4); “The world's largest network of
`online retailers” (p. 5)
`1-b) “products can be bundled”:
`- Digital River – The Journey Continues (1998 brochure):
`“Develop and test special offers, pricing changes, promotions and product bundles” (p. 6)
`“Digital River created several test offer packages, for an upgrade offer including a unique
`DDR Holdings, LLC - Ex. 2021
`Shopify, Inc. v. DDR Holdings, LLC
`IPR2018-01011
`Page 1
`
`

`

`Quotes cited in Petition from Petitioner Exhibits 1004 and 1006 (Digital River SSS references) compared to corresponding
`quotes from Digital River art reviewed by examiner during prosecution
`bundled offering that exceeded the control results by more than 100%.” (p. 8)
`“The world's largest online database of software products to expand your retail inventory
`and for potential bundling and cross-selling” (p. 8)
`- Form S-1, Amendment No. 4 (Digital River SEC filing, Aug. 11, 1998):
`“These services include … the presentation of complementary products, bundled products
`or other programs designed to increase avenge order sized based on a targeted end-user
`profile.” (p. 33)
`1-c) “added opportunity for sales revenue”:
`- Digital River – The Journey Continues (1998 brochure):
`“The Digital River retail network provides increased sales opportunities for over 131,000
`software applications and digital products”, “Increase your online sales through a Digital
`River partnership”, “reap the benefits of increased sales and revenues“, “increase your
`sales exponentially” (p. 4); “significantly increase sales”, “Digital River can help
`make your sales skyrocket” (p. 5); “Gain new revenues”, “targeted campaigns that result
`in increased online sales” (p. 6); “Complete e-commerce and marketing services to help
`you increase sales”, “world's largest retailer network to increase exposure and sales of
`your products”, “gain incremental revenue with little or no investment”(p. 8); “Grow
`sales, revenues and profitability through Digital River's marketing and
`merchandising”(p. 9)
`- Marketing Software on the Internet (1998 Digital River white paper):
`“Software developers and dealers who have developed online sales sites with Digital River
`have experienced substantial sales increases.” (p. 5); “reap the benefits of increased online
`sales and revenues…” (p. 8)
`- DigitalRiver.com website (Dec. 1997) (Ex. 1006, pages seen by examiner):
`“…your customer's … sales revenue increased.” (p. 5)
`“customers will feel that they’ve never left your page” (or similar):
`- Marketing Software on the Internet: A White Paper (1998 Digital River):
`“When customers visiting one of the many Web sites enhanced with Digital River
`
`2) “…an integrated back-end
`commerce system tailored just to
`your site so your customers will feel
`
`Page 2
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`

`

`AND
`“You know the problem: Web sites
`are usually born to communicate
`company news and answer product
`questions, and in most cases, they
`do that pretty well. The stickler is,
`potential customers have to leave
`your site to buy your products. So
`there you are. Your site’s just
`delivered your best sales
`presentation ever and they can't
`buy. They’ve got to call, e-mail, or
`find a distributor.” [Petition, p. 18
`(citing Ex. 1006, p. 3)]
`
`Quotes cited in Petition from Petitioner Exhibits 1004 and 1006 (Digital River SSS references) compared to corresponding
`quotes from Digital River art reviewed by examiner during prosecution
`functionality click on the product descriptions, they are transparently linked to the
`that they’ve never left your page.”
`Digital River site.”, “There's no sensation of being suddenly hustled off to another
`[Petition, pp. 17, 24, 29 (citing Ex.
`location.”, “The entire transaction takes place in the selling environment created by the
`1004, p. 3)]
`client, surrounded by the look and feel of the developer's or dealer's identity…” (p. 4);
`“To create the seamless transition between an existing website and Digital River's
`database of products, the first step is to create the look and feel of the existing website.”,
`“Arrays of products are chosen for fulfillment within the look and feel of your site.” (p. 7)
`- Digital River – The Journey Continues (1998 brochure):
`“Your e-commerce site will retain the look and feel of your Web site.” (p. 9)
`- DigitalRiver.com website (April 1997) (Exhibit 1005):
`“Digital River’s Secure Sales System (SSS) brings together software manufacturers and
`dealers enabling them to sell and deliver product via the Internet. This service will
`provide all digital delivery, security, collections and reporting of the sale of software.
`Throughout this process it will appear to the consumer as if the transaction is being
`processed by the manufacturer or dealer while the Digital River SSS is handling the whole
`transaction ‘behind the scenes’.” (pp. 1-2)
`- DigitalRiver.com website (Dec. 1997) (Ex. 1006, pages seen by examiner):
`“…the entire transaction takes place in the selling environment you've created,
`surrounded by the look and feel of your identity…”, “There's no sensation of being
`suddenly hustled off to another location.”
`- Form S-1, Amendment No. 4 (Digital River SEC filing, Aug. 11, 1998):
`“Using its CNS platform, the Company creates Web stores for its clients that replicate the
`look and feel of such clients’ own Web sites.” (pp. 3, 28); “The end-user is then
`transferred to a Web store hosted on Digital River's CNS, which replicates the look and
`feel of the client Web site.” (p. 32)
`(selling directly from your site is a) “huge pain in the butt”:
`- Digital River – The Journey Continues (1998 brochure):
`“Companies frequently consider building
`
`3) (selling products directly off your
`site can be a) “huge pain in the butt”
`[Petition, p. 17, Exhibit 1004, p. 2]
`
`Page 3
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`

`Quotes cited in Petition from Petitioner Exhibits 1004 and 1006 (Digital River SSS references) compared to corresponding
`quotes from Digital River art reviewed by examiner during prosecution
`their own software e-commerce solution. But they quickly discover that the costs of system
`development and ongoing support are substantially greater than the potential benefit.”,
`”More time to focus on your core competency while leaving the details of e-commerce
`management to Digital River” (p. 8); ”Savings on the research and development expense
`required for you to develop your own e-commerce system” (p. 9)
`- DigitalRiver.com website (Dec. 1997) (Ex. 1006, pages seen by examiner):
`“You do what you do best: develop and market digital products. We do what we do best:
`make sure that when your customer says ‘yes,’ the transaction and delivery is done
`immediately, with no hassles.” (p. 6)
`
`
`
`Page 4
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