`
`In re inter partes review of:
`
`U.S. Patent 7,818,399 to Ross, et al.
`
`Filed: Herewith
`
`For: Methods of Expanding Commercial Opportunities for Internet Websites
`Through Coordinated Offsite Marketing
`
`Declaration of James Pichler in Support of
`Petition for Inter Partes Review of U.S. Patent No. 7,818,399
`
`
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`29362771.1
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`Page 1 of 5
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`PRICELINE.COM LLC et al.
`Exhibit 1003
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`
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`DECLARATION OF JAMES PICHLER
`
`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
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`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
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`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
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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.
`
`Digital River Prior Art Publications
`
`3.
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`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.
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`29362771.1
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`
`
`1
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`Page 2 of 5
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`
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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
`
`creating
`
`and
`
`reviewing
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`content
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`for
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`these
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`websites:
`
`https://web.archive.org/web/19970412100754/http://www.digitalriver.com:80/
`
`(archived
`
`on
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`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
`
`29362771.1
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`
`
`2
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`Page 3 of 5
`
`
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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
`
`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-
`
`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.
`
`29362771.1
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`
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`3
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`Page 4 of 5
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`
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`7.
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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
`
`or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`1 /o/ts
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`I
`
`I
`
`Date
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`es Pichler
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`29362771.l
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`4
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`Page 5 of 5
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