IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. ____________
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`ATTENTIVE MOBILE INC.,
`
`Plaintiff,
`
`v.
`
`STODGE INC. d/b/a POSTSCRIPT,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Attentive Mobile Inc. (“Attentive” or “Plaintiff”) alleges against Defendant
`
`Stodge Inc. d/b/a Postscript (“Postscript” or “Defendant”) as follows:
`
`1.
`
`This case involves patented, two-tap mobile technologies that helped to
`
`revolutionize and have become widely adopted in the fields of mobile-signup and mobile-
`
`messaging products and platforms, by enabling businesses to interact and connect with mobile
`
`users in a new way through messaging.
`
`2.
`
`Plaintiff’s patented technologies transformed the way businesses could interact and
`
`connect with mobile users, while also enhancing the experience of the mobile users.
`
`3.
`
`Plaintiff Attentive has implemented its patented technologies in its mobile-signup
`
`and mobile-messaging products and platforms.
`
`4.
`
`Over the years, Plaintiff Attentive has received numerous accolades and awards for
`
`its products and services. For example, Attentive has been named number 10 on the “Forbes 2022
`
`Cloud 100,” the definitive ranking of the top 100 private cloud companies in the world.1 Further,
`
`1 https://www.forbes.com/lists/cloud100/?sh=30f9084d7d9c.
`
`-1-
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`POSTSCRIPT 1022
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`001
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`

`

`in 2022, Forbes recognized Attentive as one of America’s Best Startups (#253),2 and G2
`
`recognized Attentive’s products and offerings as one of the Fastest Growing Products (#63).3
`
`5.
`
`Plaintiff Attentive currently owns U.S. Patent No. 11,416,887 (“the ’887 Patent,”
`
`attached hereto as EXHIBIT 1), U.S. Patent No. 11,416,897 (“the ’897 Patent,” attached hereto
`
`as EXHIBIT 2), and U.S. Patent No. 11,553,074 (“the ’074 Patent,” attached as EXHIBIT 3)
`
`(collectively, “the Asserted Patents”).
`
`6.
`
`Plaintiff’s patented technologies provide such vast improvements over the
`
`traditional mobile-signup and mobile-messaging experience that Attentive’s offerings and services
`
`have become widely adopted and the “gold standard” in the mobile-messaging platform industry.
`
`7.
`
`Plaintiff’s patented technologies has resulted in more than two-fold sign-up rates
`
`(subscribers / impressions) over traditional desktop sign-up techniques.
`
`8.
`
`Defendant Postscript is a direct competitor of Attentive and provides mobile-signup
`
`and mobile-messaging products and platforms that, without authorization, implement Plaintiff’s
`
`patented technologies. Defendant’s infringing mobile-signup and mobile-messaging products and
`
`platforms include, but are not limited to, Postscript’s SMS Marketing Platform and Postscript’s
`
`other offerings and services that integrate with Postscript’s SMS Marketing Platform (collectively,
`
`“the Accused Products”).
`
`9.
`
`Plaintiff brings this action to seek damages for and to ultimately stop Defendant’s
`
`continued infringement of the Asserted Patents. As a result of Defendant’s unlawful competition
`
`in this judicial district and elsewhere in the United States, Plaintiff has lost sales and profits and
`
`suffered irreparable harm, including lost market share and goodwill.
`
`2 https://www.forbes.com/lists/americas-best-startup-employers/?sh=6637efa92ad7.
`3 https://www.g2.com/best-software-companies/fastest-growing?utm_source=bambu&utm_
`medium=social&utm_campaign=Brand%20Awareness.
`
`-2-
`
`002
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`

`

`NATURE OF THE CASE
`
`10.
`
`Plaintiff brings claims under the patent laws of the United States, 35 U.S.C. § 1 et
`
`seq., for infringement of the Asserted Patents. Defendant has infringed and continues to infringe
`
`each of the Asserted Patents under at least 35 U.S.C. §§ 271(a), 271(b) and 271(c).
`
`THE PARTIES
`
`11.
`
`Plaintiff Attentive is the leader in mobile-messaging technology and is a market-
`
`leading innovator in the field of business-to-consumer communication. Attentive’s mobile-signup
`
`and mobile-messaging products and platforms help businesses, from entrepreneurs to enterprises,
`
`strengthen relationships with their consumers in new ways as a direct result of Attentive’s patented
`
`technologies, as described and claimed in the Asserted Patents. Attentive’s mobile-signup and
`
`mobile-messaging products and platforms drive billions in e-commerce revenue. Over 5,000
`
`leading brands rely on Attentive to deliver powerful and innovative commerce experiences.
`
`12.
`
`13.
`
`Plaintiff Attentive is the owner by assignment of each of the Asserted Patents.
`
`Plaintiff Attentive’s mobile-signup and mobile-messaging products and platforms
`
`incorporate Attentive’s patented technology.
`
`14.
`
`Plaintiff Attentive’s mobile-signup and mobile-messaging products and platforms
`
`have enjoyed commercial success and have been implemented for thousands of clients nationwide
`
`as a result of Attentive’s patented technology.
`
`15.
`
`Plaintiff Attentive is a corporation organized in the State of Delaware with its
`
`headquarters located at 221 River Street, Hoboken, NJ 07030 that conducts business in this
`
`District, throughout this state, and throughout the country.
`
`16.
`
`17.
`
`Plaintiff Attentive actively employs over 1,000 employees in the United States.
`
`On information and belief, Postscript provides an eCommerce Short Messaging
`
`Service (“SMS”) platform that enables brands to communicate and engage with customers through
`
`-3-
`
`003
`
`

`

`text message marketing; Postscript’s platform plugs into eCommerce businesses and sends
`
`customers targeted and customizable SMS marketing messages.
`
`18.
`
`On information and belief, Defendant Postscript is a corporation organized in the
`
`State of Delaware with its principal place of business at 3370 North Hayden Road, Suite 123,
`
`Scottsdale, Arizona 85251.
`
`JURISDICTION AND VENUE
`
`This action arises under the Patent Laws of the United States, 35 U.S.C. § 1, et seq.
`
`This Court has exclusive subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`
`19.
`
`20.
`
`and 1338(a).
`
`21.
`
`This Court has personal jurisdiction over Defendant in the State of Delaware. On
`
`information and belief, Defendant Postscript is a corporation organized and existing under
`
`Delaware law. Further, Defendant Postscript has engaged in systematic and continuous business
`
`activities in this District. As described below, Defendant has also committed acts of patent
`
`infringement giving rise to this action, including within the State of Delaware.
`
`22.
`
`This Court also has personal jurisdiction over Defendant Postscript by virtue of,
`
`inter alia, the fact that it has committed, aided, abetted, contributed to, and/or participated in the
`
`commission of a tortious act of patent infringement that has led to and/or will lead to foreseeable
`
`harm and injury to Attentive, a Delaware corporation, in the State of Delaware.
`
`23.
`
`Defendant has purposely directed its activities toward the State of Delaware, which
`
`give rise to the causes of action asserted by Plaintiff such that the exercise of personal jurisdiction
`
`by courts within the State of Delaware is fair and reasonable. For example, Postscript regularly
`
`conducts business in the State of Delaware and in this District, including using software, providing
`
`services, and/or engaging in other activities in the State of Delaware that infringe one or more
`
`-4-
`
`004
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`

`

`claims of the Asserted Patents, as well as inducing and contributing to the direct infringement of
`
`others through acts in this District.
`
`24.
`
`This Court has personal jurisdiction over Defendant Postscript for other reasons
`
`that will be presented to the Court if jurisdiction is challenged.
`
`25.
`
`26.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b).
`
`Venue is proper in this district with respect to Defendant Postscript because it is
`
`incorporated in the State of Delaware, and, therefore, resides in the State of Delaware. See 28
`
`U.S.C. § 1400(b). Additionally, venue is proper in this district with respect to Defendant Postscript
`
`because it has committed acts of infringement in this judicial district, and, upon information and
`
`belief, it will commit further acts of infringement in this judicial district.
`
`27.
`
`Venue is proper for the reasons set forth above, and for other reasons that will be
`
`presented to the Court if such venue is challenged.
`
`PLAINTIFF’S PATENTED INNOVATIONS
`
`28.
`
`Plaintiff Attentive has been and continues to be a pioneer and leading innovator in
`
`developing and providing mobile-signup and mobile-messaging products and platforms.
`
`29.
`
`The Asserted Patents discussed below capture technology, features, and processes
`
`that reflect these innovations and improvements on traditional mobile-signup and mobile-
`
`messaging products and platforms.
`
`30.
`
`The Asserted Patents have achieved commercial success through Plaintiff
`
`Attentive’s mobile-signup and mobile-messaging products and platforms that implement
`
`Attentive’s patented two-tap mobile technologies.
`
`31.
`
`The Asserted Patents are part of the same patent family and generally disclose and
`
`claim new and novel non-transitory processor-readable mediums and methods related to mobile
`
`device messaging-based communications using custom-generated deeplinks and based on the
`
`-5-
`
`005
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`

`

`Hyper Text Transfer Protocol (HTTP). Plaintiff Attentive owns by assignment the entire right,
`
`title, and interest in and to the Asserted Patents.
`
`32.
`
`The ’887 Patent is titled “Methods and Apparatus for Mobile Device Messaging-
`
`Based Communications Using Custom-Generated Deeplinks and Based on the Hyper Text
`
`Transfer Protocol (HTTP),” was filed on February 10, 2022, and was duly and legally issued by
`
`the United States Patent and Trademark Office (“USPTO”) on August 16, 2022. The ’887 Patent
`
`claims priority to Provisional Application No. 62/511,413, filed on May 26, 2017. The ’887 Patent
`
`is a continuation of Application No. 17/569,265, filed on January 5, 2022, which is a continuation
`
`of Application No. 17/496,590, filed on October 7, 2021, which is a continuation of Application
`
`No. 15/986,569, filed on May 22, 2018. A true and correct copy of the ’887 Patent is attached as
`
`Exhibit 1.
`
`33.
`
`The ’897 Patent is titled “Methods and Apparatus for Mobile Device Messaging-
`
`Based Communications Using Custom-Generated Deeplinks and Based on the Hyper Text
`
`Transfer Protocol (HTTP),” was filed on January 5, 2022, and was duly and legally issued by the
`
`USPTO on August 16, 2022. The ’897 Patent claims priority to Provisional Application No.
`
`62/511,413, filed on May 26, 2017. The ’897 Patent is a continuation of Application No.
`
`17/496,590, filed on October 7, 2021, which is a continuation of Application No. 15/986,569, filed
`
`on May 22, 2018. A true and correct copy of the ’897 Patent is attached as Exhibit 2.
`
`34.
`
`The ’074 Patent is titled “Methods And Apparatus For Dynamic Application
`
`Deeplinking At A Mobile Electronic Device,” was filed on October 7, 2021, and was duly and
`
`legally issued by the USPTO on January 10, 2023. The ’074 Patent claims priority to Provisional
`
`Application No. 62/511,413, filed on May 26, 2017. The ’074 Patent is a continuation of
`
`-6-
`
`006
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`

`

`Application No. 15/986,569, filed on May 22, 2018. A true and correct copy of the ’074 Patent is
`
`attached as Exhibit 3.
`
`35. With respect to the ’887 and ’897 Patents, Attentive has complied with the
`
`requirements of 35 U.S.C. § 287, to the extent necessary, since on or about November 1, 2022,
`
`such that Attentive may recover pre-suit damages. (See https://www.attentive.com/patents.) With
`
`respect to the ’074 Patent, Attentive has complied with the requirements of 35 U.S.C. § 287, to the
`
`extent necessary, since on or about January 11, 2023, such that Attentive may recover pre-suit
`
`damages. (Id.)
`
`36.
`
`The claims of the Asserted Patents are directed to patent eligible subject matter
`
`under 35 U.S.C. § 101. They are not directed to an abstract idea, and the technologies covered by
`
`the claims consist of ordered combinations of features and functions that, at the time of the
`
`inventions, were not, alone or in combination, well-understood, routine, or conventional.
`
`37.
`
`The inventions described and claimed in the Asserted Patents solve various
`
`technical problems, including by disclosing technological advancements that (a) provide means
`
`for causing a mobile device to transition from one application to a different application, including
`
`through the use of deeplinking, (b) provide custom text messages, including prepopulated text
`
`messages, and (c) allow for enrollment in a promotion or subscription without an additional
`
`communication, such as an opt-in communication. The disclosed technological advancements
`
`address technological problems and enhance the user experience and the mobile-signup process,
`
`inter alia, by not requiring the mobile device user to have to enter a phone number or message as
`
`part of the signup process, which often led to failed signups as a result of mistyped numbers or
`
`messages and/or lost interest. The disclosed technological advancements described and claimed
`
`in the Asserted Patents solved these and other problems. Indeed, the specifications of the Asserted
`
`-7-
`
`007
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`

`

`Patents disclose shortcomings in the prior art and then explain, in detail, the technical way the
`
`claimed inventions resolve or overcome those shortcomings via a technical solution. For example,
`
`as described in the specifications, the mobile-signup and mobile-messaging methods and systems
`
`known at the time the Asserted Patents were filed allowed a user to open an e-commerce vendor’s
`
`application or website on a mobile device, where the user could then provide information via the
`
`vendor's application or website, for example, to complete a transaction, enroll in a promotion,
`
`and/or signup for a subscription offered by the vendor. With these known techniques, however,
`
`the user often would pause its previous activities (e.g., viewing a website, reading an email) on the
`
`mobile device and would be redirected to the vendor’s application or website, for example, to
`
`complete a transaction, enroll in a promotion, and/or signup for a subscription offered via many
`
`user inputs (e.g., clicks or screen taps). This time-consuming and burdensome process resulted in
`
`many users failing to complete the desired activity. (See, e.g., Exhibit 1, ’887 Patent, 1:30-52.)
`
`38.
`
`Plaintiff’s patented technologies accordingly fill a previously existing need for
`
`dynamic application deeplinking to transition from one user interface to another user interface at
`
`a mobile device for continued and improved user experience and engagement when interacting
`
`with the mobile device. (Id.)
`
`39.
`
`Each of the claimed inventions of the Asserted Patents is necessarily rooted in
`
`computer technology—in other words, messaging-based communications using custom-generated
`
`deeplinks and based on HTTP are fundamentally and inextricably a problem experienced with
`
`computer technology and networks—and addresses fundamental computer technology problems
`
`with a computer technology solution. Furthermore, the Asserted Patents improve the technical
`
`functioning of the computer network using techniques—such as by providing dynamic application
`
`deeplinking to transition from one user interface to another user interface at a mobile device—to
`
`-8-
`
`008
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`

`

`improve the user experience and engagement by allowing a continued and near-seamless user
`
`experience. These technical improvements address identified weaknesses in conventional systems
`
`and processes. (Id.)
`
`40.
`
`For example, the ’887 Patent describes and claims, inter alia, non-transitory
`
`computer-readable mediums storing code including instructions configured to cause a click-to-text
`
`server to cause a mobile device to “(1) automatically transition from [a] first application to [a]
`
`messaging application in response to the mobile device detecting a user interaction with a
`
`promotional message associated with the webpage” and “(2) automatically populate a custom
`
`message in the messaging application.” (See, e.g., Exhibit 1, ’887 Patent, 21:54-61.) In effect,
`
`this process remotely controls the user device using custom deeplinks and/or HTTP, which allows
`
`for automation of the process and improved user experience and engagement. The ’887 Patent
`
`further provides that the mobile device is enrolled in a promotion based on receiving the custom
`
`message and without receiving any additional information from the mobile device.
`
`41.
`
`The claimed non-transitory computer-readable mediums of the ’887 Patent
`
`constitute technical improvements over traditional mobile-signup and mobile-messaging systems
`
`and provide numerous advantages to computer systems (including mobile devices) and the process
`
`of interacting with users and potential customers.
`
`42.
`
`Similarly, the ’897 Patent describes and claims, inter alia, methods and non-
`
`transitory computer-readable mediums storing code including instructions configured to cause a
`
`processor to cause “(1) [a] mobile device to transition from [a] first application to a second
`
`application different” and “(2) the second application to automatically populate a custom text
`
`message.” (See, e.g., Exhibit 2, ’897 Patent, 24:47-54.) In effect, this process remotely controls
`
`the user device using custom deeplinks and/or HTTP, which allows for automation of the process
`
`-9-
`
`009
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`

`

`and improved user experience and engagement. The ’897 Patent further provides that the mobile
`
`device received an installment of a messaging subscription service without receiving an opt-in
`
`communication after receiving the custom text message.
`
`43.
`
`The claimed methods and non-transitory computer-readable mediums of the ’897
`
`Patent constitute technical improvements over traditional mobile-signup and mobile-messaging
`
`systems and provide numerous advantages to computer systems (including mobile devices) and
`
`the process of interacting with users and potential customers.
`
`44.
`
`Similarly, the ’074 Patent describes and claims, inter alia, methods and non-
`
`transitory computer-readable mediums storing code including instructions configured to cause a
`
`processor to cause “the mobile device to automatically (1) switch from rendering the web browser
`
`application to rendering a text messaging application and (2) generate a text message with a pre-
`
`populated phone number and a pre-populated message body containing a request to join the
`
`subscription list.” (See, e.g., Exhibit 3, ’074 Patent, 24:41-50.) In effect, this process remotely
`
`controls the user device using custom deeplinks and/or HTTP, which allows for automation of the
`
`process and improved user experience and engagement. The ’074 Patent further provides that the
`
`mobile device received an installment of a messaging subscription service without receiving an
`
`opt-in communication after receiving the text message containing the pre-populated message body.
`
`45.
`
`The claimed methods and non-transitory computer-readable mediums of the ’074
`
`Patent constitute technical improvements over traditional mobile-signup and mobile-messaging
`
`systems and provide numerous advantages to computer systems (including mobile devices) and
`
`the process of interacting with users and potential customers.
`
`46.
`
`The inventions described and claimed in the Asserted Patents necessarily address
`
`issues unique to computer networks and computer network operation; namely the use of network
`
`-10-
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`010
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`

`

`information to create custom deeplinks to allow for automation of the enrollment and/or
`
`subscription process of a networked mobile device. These patents provide unique network
`
`operations enhancement that solves the technical problems associated with allowing a continued
`
`and near-seamless user experience to improve the user experience and engagement.
`
`47.
`
`The inventions described and claimed in the Asserted Patents improve the operation
`
`of computer networks and networked devices by automatically creating custom deeplinks and
`
`custom messages. Thus, the claimed inventions in these patents provide a technological solution
`
`to a technological problem—the inability of conventional code solutions to allow remote,
`
`automatic control of dynamic application deeplinking to transition from one user interface to
`
`another user interface at a mobile device for continued and improved user experience and
`
`engagement when interacting with the mobile device.
`
`48.
`
`At a minimum, the claims of the Asserted Patents are directed to solutions to
`
`specific issues with computer functionality and address improvements to computer functionality
`
`through claims that teach specifically how to achieve the desired result.
`
`49.
`
`Each of the Asserted Patents have limitations such as these, as well as others that
`
`are substantial, meaningful, and concrete, and which tie the claims down and remove them from
`
`essentially affecting a monopoly on the allegedly abstract idea of merely doing business or
`
`generically streamlining signup of marketing promotions.
`
`50.
`
`The claims of the Asserted Patents are complex and do more than merely recite the
`
`performance of known business practices on the Internet. Indeed, they are best understood as
`
`being necessarily rooted in computer technology in order to solve specific problems in the realm
`
`of securing user signup in mobile-computing environments.
`
`-11-
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`011
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`

`51.
`
`The claims of the Asserted Patents claim an ordered combination of components
`
`and interactions in an unconventional manner. Indeed, the combination of components and
`
`interactions recited in the claims of the Asserted Patents has garnered industry praise for its
`
`unconventionality and effectiveness. For example, the industry has praised Attentive’s claimed
`
`two-tap technology as a “novel”4 “key differentiator”5 that “sounds simple, but apparently [] took
`
`months for Attentive’s engineering team to develop.”6
`
`52.
`
`At the least, the ordered combination of claimed elements renders the claims of the
`
`Asserted Patents significantly more than a patent upon any abstract idea, such as merely
`
`streamlining signup of marketing promotions.
`
`ACCUSED PRODUCTS
`
`53.
`
`Postscript uses, makes, offers, sells, maintains, and installs mobile-signup and
`
`mobile-messaging products and platforms that provide and implement subscription-based and/or
`
`promotional messaging for individuals and enterprises. Postscript’s SMS Marketing Platform and
`
`Postscript’s other offerings and services that integrate with Postscript’s SMS Marketing Platform
`
`(collectively, “the Accused Products”) incorporate Plaintiff’s patented technologies.
`
`54.
`
`Postscript describes and markets its Accused Products as follows:
`
`4 https://crm.org/news/attentive-gets-the-message-out.
`5 https://martech.org/led-tapcommerce-founders-startup-attentive-launchessmsmms-marketing-
`platform/.
`6 https://techcrunch.com/2018/02/08/attentive-launch.
`
`-12-
`
`012
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`

`

`Two-Touch opt-in is a mobile-specific method by which a subscriber can opt into your
`SMS program. Just like the name suggests, this method only requires two touches on
`the subscriber's mobile device to opt in.
`
`The first touch: Subscriber selects a call -to-action (CTA).
`
`This CTA can be a link, QR code, or button on a mobile popup. When the
`subscriber selects the CTA, a pre-popu lated message will appear in the
`subscriber's native texting app. This message can be customized but needs
`to include your shop name and a keyword.
`
`In the example below, the pre-populated message is "Send this text to
`subscribe to JO+CO! (ref: JOC015 ). The keyword is JOC015.
`
`The second touch: Subscriber selects the "Send " button on their device.
`
`Once the subscriber sends the pre-populated message, they will get the
`keyword reply that correlates to the "(ref: KEYWORD )" part of the pre(cid:173)
`populated message.
`
`In the example below, the message that reads, "Thanks for subscribing.
`Here's your coupon for 15% off BABE15. Shop here: pscr.pt/ 2v08Yk. Valid
`online only. " is the keyword reply for keyword: JOC015 (Note: BABE15 is the
`coupon code).
`
`-13-
`
`013
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`

`

`X
`
`SUBSCRIBE AND GET
`
`15°/o OFF
`
`YOUR PURCHASE*
`
`'t agree to 1e<er.-e recurring automated ma1k.etmg I ext mes~es (e.g. cart reminders) at the phone number
`prooded. Coosent is not a conditlOfl to pu1Chase. Msg & data rates may .app~. Msglrtquencyva,ies. Reply HELP IOI'
`help and STOP to cancel. View oor ~
`and~ ..
`
`GET 15% OFF COUPON
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`NO THANKS
`
`poweredby~
`
`-14-
`
`014
`
`

`

`(https://help.postscript.io/hc/en-us/articles/7601350876955-What-is-Two-Touch-opt-in-.)
`
` As
`
`shown above, Postscript markets and advertises its Accused Products to its customers as featuring
`
`“Two-tap opt-in” technology. (Id.)
`
`55.
`
`Postscript instructs and encourages its customers to “use unique keywords for each
`
`opt in source”:
`
`-15-
`
`015
`
`

`

`fJ Tip: We encourage you to use a unique keyword for each opt in source.
`Keeping your keywords unique to opt in source will allow you to more easily
`track the efficacy of the opt- in source in analytics.
`
`(Id.)
`
`56.
`
`Postscript instructs and encourages its customers to use the Accused Products create
`
`mobile popups to “grow your SMS list with the help of Postscript”:
`
`Acquisition tools
`
`Build and grow your SMS list with the help of Postscript.
`
`(https://postscript.io/list-growth.)
`
`57.
`
`Postscript also instructs and encourages its customers to use the Accused Products
`
`to collect phone numbers using mobile popups and to “[c]ustomize the deign to match your brand,
`
`choose the type of incentive you want to offer, and select when and where on your site you want
`
`your popups to appear”:
`
`-16-
`
`016
`
`

`

`Desktop and mobile popups
`
`Collect both phone numbers and emails. Customize the
`design to match your brand, choose the type of incentive
`you want to offer, and select when and where on your site
`you want your popups to appear.
`
`(Id.)
`
`58.
`
`Postscript also instructs and encourages its customers to use Keywords when
`
`implementing the Accused Products:
`
`Keywords
`
`Create an unlimited number of text- to-join keywords to
`share across all your marketing channels. Use keywords
`to track opt-ins and revenue generated from different
`marketing channels or campaigns.
`
`(Id.)
`
`59.
`
`Postscript also instructs and encourages its customers to create landing pages and
`
`opt-in forms when implementing the Accused Products:
`
`-17-
`
`017
`
`

`

`Landing page and opt-in form
`
`ith an S S opt-in form that you
`Create a landing page
`can link o from email campaigns or social media posts.
`This includes two-touch technology on mobile.
`
`(Id.)
`
`60.
`
`Postscript instructs and encourages its customers to implement the Accused
`
`Products by creating Postscript popups as follows:
`
`!Create a Postscript Mobile Popupl
`
`(https://help.postscript.io/hc/en-us/articles/1260804681389-Create-a-Postscript-Mobile-
`
`Popup#Why-a-Postscript-Mobile-Popup-Benefits-You.) Postscript describes the popups used by
`
`the Accused Products as follows:
`
`Popups are a powerful way to grab attention and engage users who visit you r website
`on their mobile device.
`
`(Id.) Further, Postscript instructs and encourages its customers to implement the Accused Products
`
`using popups to offer discounts, giveaways, contests, clubs, and/or memberships as follows:
`
`-18-
`
`018
`
`

`

`Why a Postscript Mobile Popup Benefits You
`
`• Easily (and compliantly) collect SMS and email subscribers.
`
`• Design your popup to match the took and feet of your brand.
`
`• Use your popup to provide discounts, promote a giveaway or contest, or
`invite subscribers to join your exclusive VIP club.
`
`• Enable mobile two -touch which allows subscribers to opt-in with jus a
`tap.
`
`• Add engaging background images or GtFs to catch the attention of you r
`website visitors.
`
`(Id.) As shown above, Postscript markets and advertises its Accused Products to its customers as
`
`featuring “mobile two-touch which allows subscribers to opt-in with just a tap.” (Id.)
`
`61.
`
`Postscript instructs and encourages its customers to implement the Accused
`
`Products by creating mobile popups as follows:
`
`Create a Mobile Popup
`
`Postscript allows you to create and maintain multiple mobile popups, though only one
`mobile popup can be enabled at any given time.
`
`-19-
`
`019
`
`

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`Keywords
`
`Keywords are branded terms that people text to your short code to opt-in to
`your SMS list. You can promote your Keywords anywhere: on your website,
`social media, email campaigns, product packaging, in•person events. You can
`also generate opt- in links associated with specific Keywords.
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`One of the best ways to collect subscribers is with a popup on your website.
`Postscript Popups are TCPA-compliant, fully-customizable to your brand, and
`allow you to collect both phone numbers and emails. w.cn...tn2te:
`
`ESGHP
`
`Desktop
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`Mobile
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`Platform
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`Enabled
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`Actions
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`Mobile
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`Desktop
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`Desktop
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`Desktop
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`Mobile
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`Free Shipping
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`Free Shipping
`
`Default Popup
`
`DESKTOP
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`Early Access
`
`Standard 10" Offer
`
`Standard 10" Offer
`
`Back in Stock Link and Popup
`
`MOBILE
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`Disabled
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`Name
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`MOBILE
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`Two Touch O
`C)
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`Keyword
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`ARIUM
`
`Collection
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`Phone
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`Countries
`
`Popup Size
`
`All
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`Partial
`
`Popup Delay
`
`Close Action 0
`
`Close Action Te,ct
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`seconds
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`Bubble
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`GET 10% OFF
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`List Growth Tools
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`Checkout Collection
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`Include Pages 6
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`E,cclude Pages 6
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`eg. shop/,?includ e-p
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`eg. product s/,new-I.:
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`• Color
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`Background Color
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`#ecf0f1
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`Font
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`Style
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`Button Roundness
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`Open Sans CondE V
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`10
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`■ #3498db
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`#FFFFFF
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`Phone
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`
`-21-
`
`021
`
`

`

`0 Select Acquisition in the side menu of your Postscript dashboard , then
`
`select Popups.
`
`•
`
`Select Create Popup in the top-right corner of the page, then
`select Mobile from the drop-down options.
`
`(Id.)
`
`62.
`
`Postscript instructs and encourages its customers to design mobile popups used by
`
`the Accused Products by customizing the behavior, design, and content of the popups:
`
`Design Your Popup
`
`Postscript makes it easy to customize your mobile popup, from the behavior, design, and content. Check out the tabs
`below for more Information.
`
`(Id.) Further, Postscript instructs and encourages its customers to customize