Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 1 of 159 PageID 369
`Case 4:23-cv-00576-P Document1-9 Filed 06/08/23 Page1of159 PagelD 369
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`EXHIBIT 9
`EXHIBIT 9
`
`

`

`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 2 of 159 PageID 370
`
`Notice of Service of Process
`
`Primary Contact:
`
`Tracy Adair
`AMERICAN AIRLINES, INC.
`1 Skyview Dr
`Md 8B503
`Fort Worth, TX 76155-1801
`
`null / ALL
`Transmittal Number: 26830521
`Date Processed: 04/28/2023
`
`Entity:
`
`Entity Served:
`
`Title of Action:
`
`Matter Name/ID:
`
`Document(s) Type:
`
`Nature of Action:
`
`Court/Agency:
`
`Case/Reference No:
`
`Jurisdiction Served:
`
`Date Served on CSC:
`
`Answer or Appearance Due:
`
`Originally Served On:
`
`How Served:
`
`Sender Information:
`
`American Airlines, Inc.
`Entity ID Number 4333094
`American Airlines, Inc
`Advanced Transactions, LLC vs. American Airlines, Inc.
`Advanced Transactions, LLC vs. American Airlines, Inc. (13992573)
`Notice
`Trademark / Copyright / Patent
`U.S. District Court Western District, TX
`Not Shown
`Texas
`04/28/2023
`05/12/2023
`CSC
`Federal Express
`Daignault Iyer LLP
`512-829-7992
`
`Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not
`constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.
`
`To avoid potential delay, please do not send your response to CSC
`251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com
`
`1
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 3 of 159 PageID 371
`
`aaignault
`=yer
`
`Tedd W. Van Buskirk*
`201.736.6751
`tvanbuskirk(D.daignau Itiver. com
`
`8618 Westwood Center Drive
`Suite 150, Vienna, VA 22182
`Not admitted in Virginia
`
`Apri126, 2023
`
`Priya Aiyar, Esq.
`Chief Legal Officer
`American Ai~rlines, Inc.
`One Skyview Drive
`Fort Worth, Texas 76155
`
`Dear Ms. Aiyar,
`
`We, along with Ascend IP, LLC ("Ascend IP"), represent Advanced Transactions,
`LLC ("Advanced Transactions'), owner of the entire rights, titles, and interest in several
`patents including United States Patent Nos. 7,065,555; 7,386,594; 7,693,950; 7,979,057;
`8,150,736; 8,175,519; 9,747,608; and 10,783,529 (the "Patents-At Issue"). We have been
`retained to assist in the monetization of the Patents-At-Issue along with a broader
`portEolio of patents, all of which broadly relate to online marketing and e-commerce
`systems. Our investigation has revealed that American Airlines' marketing products
`and service offerings infringe one or more claims of the Patents-At-Issue.
`
`Ascend IP serves as the licensing agent for Advanced Transactions, while our
`firm serves as outside litigation/licensing counsel. While Advanced Transactions has
`filed other patent infringement lawsuits based on its patents, it seeks to settle such cases
`on reasonable and discounted terms at an early stage. Similar to those other situations
`and in the interests of exploring an early resolution, we are writing to invite American
`Airlines to enter into a licensing negotiation, which will allow you to obtain a favorable
`licensing rate and avoid the costs of litigation. Please let Ascend IP, who is copied
`below, know on or before May 12 whether you believe such a negotiation would be
`beneficial. If they do not hear back from you by this date, we may have no choice but to
`file a lawsuit, as we have done for other clients in many instances, and have the Court
`determine the appropriate remedy for American Airlines' unlawful use of Advanced
`Transactions' patents.
`
`2
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 4 of 159 PageID 372
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`Apri126, 2023
`Page 2
`
`This letter is being sent without prejudice to all claims, defenses, rights, and
`remedies in law or equity, including the right to seek judicial relief, all of which are
`expressly reserved.
`
`We look forward to hearing back from you.
`
`Very truly yours,
`
`Tedd W. Van Buskirk
`Daignault Iyer LLP
`
`cc:
`
`Corporation Service Company d/b/a CSC-Lawyers Inc.
`as agent for American Airlines, Inc.
`211 East 7th Street, Suite 620
`Austin, Texas 78701
`
`Mr. Riad Chummun (riad@ascendip.com)
`Jim Weisfield, Esq. (jim@ascendip.com)
`Ascend IP, LLC
`as licensing agent for Advanced Transactions
`
`3
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 5 of 159 PageID 373
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ADVANCED TRANSACTIONS, LLC,
`
`Plaintiff,
`
`V.
`
`Case No.
`
`Jury Trial Demanded
`
`AMERICAN AIRLINES, INC.,
`
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff.Advanced Transactions, LLC ("Advanced Transactions") files this
`
`Complaint against American Airlines, Inc. for infringement of United States Patent Nos.
`
`7,065,555; 7,386,594; 7,693,950; 7,979,057; 8,150,736; 8,175,519; 9,747,608; and 10,783,529
`
`(the "Patents-in-Suit"), and alleges as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement arising under the patent laws of
`
`the United States, 35 U.S.C. §§ 1 et seq.
`
`THE PARTIES
`
`2.
`
`Advanced Transactions is a limited liability company organized under
`
`laws of the State of Georgia with its principal place of business situated at the Day
`
`Building, Suite 230, 4725 Peachtree Corners Circle, Peachtree Corners, GA 30092.
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`4
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 6 of 159 PageID 374
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`3.
`
`On information and belief, defendant American Airlines, Inc. is a
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`corporation organized and existing under the laws of the state of Delaware with a
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`principal place of business at One Skyview Drive, Fort Worth, Texas 76155.
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`4.
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`On information and belief, American Airlines, lnc. may be served with
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`process through its registered agent, Corporation Service Company d/b/a CSC-
`
`Lawyers Inc., 211 East 7th Street, Suite 620, Austin, Texas 78701 or anywhere it may be
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`found.
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`5.
`
`American Airlines, lnc. has been authorized to do business in the State of
`
`Texas and the Western District of Texas since at least June 13,1934, under Texas SoS File
`
`Number 0000816206.
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`6.
`
`On information and belief, American Airlines, Inc. (hereinafter "American
`
`Airlines" or "Defendant") sells and offers to sell products and services throughout
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`Texas, including in this judicial district, as well as throughout the United States, and
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`introduces products and services that perform infringing processes into the stream of
`
`commerce knowing that they would be used, offered for sale, or sold in this judicial
`
`district and elsewhere in the United States.
`
`7.
`
`On information and belief, American Airlines has made, used, offered to
`
`sell and/or sold products and services, including the following specifically accused
`
`products and services: (1) American Airlines Marketing Emails;1 (2) American Airlines
`
`1 See https://www.aa.com/i18n/customer-service/support/privacy-policy.jsp.
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`2~
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`5
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 7 of 159 PageID 375
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`Mobile Apps;2 (3) American Airlines Gift Cards and e-Gift Cards;3 (4) the American
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`Airlines website;4 (5) American Airlines online services; 5 (6) American Airlines in-
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`person services;6 (7) American Airlines AAdvantage Rewards;7 (8) current or legacy
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`products or services, which use, or have used, one or more of the foregoing products
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`and services as a component product or component service; (9) combinations of
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`products and/or services comprising, in whole or in part, two or more of the foregoing
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`products and services; and (10) all other current or legacy products and services
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`imported, made, used, sold, or offered for sale by American Airlines that operate, or
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`have operated in a substantially similar manner as the above-listed products and
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`services. (As used herein, one or more of the forgoing products and services are
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`individually and collectively referred to as the accused "American Airlines Marketing
`
`Products and Services").
`
`8.
`
`On information and belief, American Airlines, as well as the hardware
`
`and software components comprising the American Airlines Marketing Products and
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`2 See e.g., https://www.aa.com/i18n/travel-info/travel-tools/mobile-and-app.jsp and
`https://apps.apple.com/us/app/american-airlines/id382698565 and
`https:/ /play.google.com/ store/ apps/ details?id=com.aa.android&h1=en.
`
`3 See https://giftcards.aa.com/.
`
`4 See https://www.aa.com/homePage.do.
`
`5 See https://www.aa.com/booking/find-flights.
`
`6 See, e.g., https://www.aa.com/travellnformation/flights/schedule/result.
`
`I
`
` See, e.g., https://www.aa.com/aadvantage-program/profile/wallet.
`
`3
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`6
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 8 of 159 PageID 376
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`Services and/or that enable the American Airlines Marketing Products and Services to
`
`operate, including but not limited to servers, server software, webserver software,
`
`webserver hardware, email server hardware, email server software, website client
`
`software, mobile computing device client application software, networked
`
`communications hardware, network routers, network switches, network hubs, WIFI
`
`access point hardware, WIFI access point software, point-of-sale hardware, point of-sale
`
`software, back-end hardware, back-end software, cloud-based software, cloud-based
`
`hardware, and other hardware and software computing systems and components
`
`(individually and collectively referred to herein as the accused "American Airlines
`
`Marketing System'), infringes (literally and/or under the doctrine of equivalents) at
`
`least one claim of each of the Patents-in-Suit.
`
`JURISDICTION AND VENUE
`
`9.
`
`This Court has personal jurisdiction over American Airlines because it
`
`committed and continues to commit acts of infringement in this judicial district in
`
`violation of 35 U.S.C. § 271(a). In particular, on information and belief, American
`
`Airlines has made, used, offered to sell access to, and/or sold access to the accused
`
`American Airlines Marketing Products and Services in the Western District of Texas,
`
`and has made, used, offered to sell access to, and/or sold access to the American
`
`Airlines Marketing System in the Western District of Texas.
`
`10. On information and belief, American Airlines is subject to the Court's
`
`jurisdiction because it regularly conducts and solicits business, or otherwise engages in
`
`other persistent courses of conduct in this judicial district, and/or derives substantial
`
`4
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`7
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 9 of 159 PageID 377
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`revenue from the use, sale, and distribut-ion of goods and services, including but not
`
`limited to the accused American Airlines Marketing Products and Services provided to
`
`individuals and businesses in the Western District of Texas.
`
`11. On information and belief, American Airlines infringes the patent-in-suit
`
`in the Western District of Texas, at least, by making, using, offering to sell access to,
`
`and/or selling access to the accused American Airlines Marketing Products and
`
`Services in the Western District of Texas, and its making, use, offering to sell access to,
`
`and/or selling access to the American Airlines Marketing System.
`
`12. On information and belief, American Airlines is major US-based airline
`
`and operates at least 346 ticket counters in 62 countries.
`
`13.
`
`Indeed, on information and belief, American Airlines operates ticket
`
`counters in at least 26 airports in the State of Texas alone, see
`
`https://www.aa.com/booking/find-flights?tripType=roundTrip with airline services
`
`8
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 10 of 159 PageID 378
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`throughout this judicial district, including in Waco, Austin, San Antonio, San Angelo,
`
`Midland, Killeen, and El Paso, among others.
`
`AmericanAirlines G~
`
`PLANTRAVEL
`
`TRAVELINFORMATION
`
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`
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`
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`
`Flight schedules and notifications
`
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`
`Waco, TX to Washington, DC
`Friday, APril 21, 2_023
`
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`
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`
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`14. On information and belief, the accused American Airlines Marketing
`
`Products and Services and/or the Ameriean Airlines Marketing System are made, used,
`
`sold and offered for sale by American Airlines, or its agents, at American Airlines ticket
`
`counters, including those ticket counters located in the Western District of Texas.
`
`15. On information and belief, AmErican Airlines customers located in the
`
`Western District of Texas have obtained access to and used the accused American
`
`Airlines Marketing Products and Services and/or the American Airlines Marketing
`
`System while located in the Western District of Texas.
`
`C~
`
`9
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`

`

`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 11 of 159 PageID 379
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`16.
`
`The Court has personal jurisdiction over American Airlines at least
`
`because it has continuous business contacts in the State of Texas and in the Western
`
`District of Texas; American Airlines has engaged in business activities including
`
`transacting business in the Western District of Texas and purposefully directing its
`
`business act-ivities, including the sale or offer for sale of the American Airlines
`
`Marketing Products and Services to the Western District of Texas to aid, abet, or
`
`contribute to the infringement of third parties in the Western District of Texas.
`
`17.
`
`This Court has personal jurisdiction over American Airlines because, inter
`
`alia, American Airlines, on information and belief: (1) has committed acts of patent
`
`infringement in this Western District of Texas; (2) maintains a regular and established
`
`place of business in the Western District of Texas; (3) has substaniial, continuous, and
`
`systematic contacts with this State and the Western District of Texas; (4) owns, manages,
`
`and operates facilities in this State and the Western District of Texas; (5) enjoys
`
`substantial income from its operaiaons and sales in this State and the Western District of
`
`Texas; (6) employs Texas residents in this State and the Western District of Texas, and
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`(7) solicits business using the American Airlines Marketing Products and Services and
`
`American Airlines Marketing System in this State and the Western District of Texas.
`
`10
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 12 of 159 PageID 380
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`18. On information and belief, American Airlines solicits Texas-based
`
`customers for its infringing products and services, including American Airlines'
`
`Marketing Products and Services in the State of Texas and in this Judicial District.
`
`8
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`11
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 13 of 159 PageID 381
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`AmericanAirlines %,
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`19. On Information and belief, American Airlines indirectly infringes the
`
`patents-in-suit in the State of Texas, including but not limited to within this Judicial
`
`District, through its Marketing Products and Services to customers located in the State
`
`of Texas and this Judicial District.
`
`9
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`12
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 14 of 159 PageID 382
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`20. Venue is proper pursuant to 28 U.S.C. §§ 1391(b), (c), (d) and/or 1400(b),
`
`at least because American Airlines, has committed acts of infringement in this judicial
`
`district, and has regular and established places of business in this judicial district.
`
`United States Patent No. 7,065,555
`
`21. On June 20, 2006, the USPTO duly and legally issued United States Patent
`
`No. 7,065,555 ("the'555 patent") entitled "System and Method Related to Generating
`
`and Tracking an Email Campaign" to inventors Michael G. Foulger, Thomas R.
`
`Chipperfield, Jeremy S. Cooper, and Andrew C. Storms.
`
`22.
`
`The '555 patent is presumed valid under 35 U.S.C. § 282.
`
`23. Advanced Transactions owns all rights, title, and interest in the '555
`
`patent.
`
`24. Advanced Transactions has not granted American Airlines an approval,
`
`an authorization, or a license to the rights under the '555 patent.
`
`25.
`
`The'555 patent relates to, among other things, a method and system for
`
`generating and tracking an email campaign.
`
`26.
`
`The claimed invention(s) of the '555 patent sought to solve problems with,
`
`and improve upon, existing marketing and market research and analysis systems. For
`
`example, the '555 patent states:
`
`The ability to market a product or service to individuals who are accessible on the
`Internet is becoming increasingly important. Effective ways of contacting these
`individuals are being sought. For instance, to market to these individuals, email
`may be sent to the individuals over the Internet, to provide information related to
`the product or service. Email systems exist today for sending email to a target set
`of email addresses for purposes such as marketing, information acquisition, and
`
`10
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`13
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`

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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 15 of 159 PageID 383
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`otherwise. A system for sending email to a number of email targets for such
`purposes may be called an email campaign.
`
`Present email campaigns may suffer from difficulties in locating a pool of relevant
`individuals to be contacted. In a small email campaign, each email sent is critical
`to the success of the campaign, and needs to be carefully created. In other
`situations, large numbers of individuals to be contacted may have been found.
`This may result, in increased difficulty in tailoring the large number of required
`email messages to the individuals for more effective contact.
`
`Furthermore, once an email campaign has been initiated, difficulties in measuring
`success of the email campaign are presented. Effect-ive ways for determining
`whether email recipients have received email from the email campaign have been
`sought. Also, effective ways for allowing the email recipients to provide feedback
`have also been sought. It may be desirable for the email recipients to be able to
`respond with feedback, and for the quantity and content of the responses to be
`monitored and tracked.
`
`See '555 Specification at co1.1, ll.15-43.
`
`27.
`
`The '555 patent then states:
`
`In light of the foregoing, what is needed is an efficient way to create and track a
`email campaign.
`
`See '555 Specification at co1.1, R. 44-45.
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`28.
`
`The invention(s) claimed in the '555 patent solves various technological
`
`problems inherent in the then-existing existing marketing and market research and
`
`analysis systems to, among other things, function more efficiently.
`
`United States Patent No. 7,386,594
`
`29. On June 10, 2008; the USPTO duly and legally issued United States Patent
`
`No. 7,386,594 ("the '594 patent") entitled "System and method related to generating an
`
`email campaign" to inventors Michael G. Foulger, Thomas R. Chipperfield, Jeremy S.
`
`Cooper, and Andrew C. Storms.
`
`11
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`14
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 16 of 159 PageID 384
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`30.
`
`The '594 patent is presumed valid under 35 U.S.C. § 282.
`
`31. Advanced Transactions owns all rights, title, and interest in the '594
`
`patent.
`
`32. Advanced Transactions has not granted American Airlines an approval,
`
`an authorization, or a license to the rights under the '594 patent.
`
`33.
`
`The'594 patent relates to, among other things, a method and system for
`
`generating an email campaign.
`
`34.
`
`The specification of the'594 patent is the same as the'555 patent
`
`specification, and solves the problems recited above and described in the '555 patent
`
`specification.
`
`United States Patent No. 7,693,950
`
`35. On Apri16, 2010, the USPTO duly and legally issued United States Patent
`
`No. 7,693,950 ("the'950 patent") ent-itled "System and Method Related to Generating
`
`and Tracking an Email Campaign" to inventors Michael G. Foulger, Thomas R.
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`Chipperfield, Jeremy S. Cooper, and Andrew C. Storms.
`
`36.
`
`The `950 patent is presumed valid under 35 U.S.C. § 282.
`
`37. Advanced Transactions owns all rights, title, and interest in the'950
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`patent.
`
`38. Advanced Transactions has not granted American Airlines an approval,
`
`an authorization, or a license to the rights under the '950 patent.
`
`39.
`
`The '950 patent relates to, among other things, a method and system for
`
`generating and tracking an email campaign.
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`40.
`
`The specification of the '950 patent is the same as the '555 patent
`
`specification, and solves the problems recited above and described in the'555 patent
`
`specification.
`
`United States Patent No. 7,979,057
`
`41. On July 12, 2011, the USPTO duly and legally issued United States Patent
`
`No. 7,979,057 ("the'057 patent") entitled "Third-Party Provider Method and System" to
`
`inventors Luis M. Ortiz and Kermit D. Lopez.
`
`42.
`
`The '057 patent is presumed valid under 35 U.S.C. § 282.
`
`43. Advanced Transactions owns all rights, title, and interest in the '057
`
`patent.
`
`44. Advanced Transactions has not granted American Airlines an approval,
`
`an authorization, or a license to the rights under the'057 patent.
`
`45.
`
`The '057 patent relates to, among other things, novel marketing and
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`commercial transaction systems.
`
`46.
`
`The claimed invention(s) of the '057 patent sought to solve problems with,
`
`and improve upon, existing marketing and merchandizing systems. For example, the
`
`'057 patent states:
`
`The present invention is generally related to electronic hand held devices
`(hereinafter referred to as "hand held devices") and electronic commerce ("E-
`commerce"). The present invention is also related to hand held devices, such as a
`Personal Digital Assistant (PDA), wireless telephone, pager, or other mobile
`computing and storage device adapted for use in E-commerce. The present
`invention is also related to wireless and wireline computer networks. The present
`invention is additionally related to the fields of electronic cash, credit, award,
`incentive, and/or product management usable with/for retail establishments,
`organizations, and customers. The present invention is also related to
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 18 of 159 PageID 386
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`merchandising systems and systems for generating and redeeming negotiable
`economic credits and/or data (e.g., electro[nic] product discount coupons and
`other negotiable economic credits, such as enterprise awards, cash, credit, etc.).
`
`See '057 Specification at col. 1, H. 18-33.
`
`47.
`
`The'057 patent then states:
`
`The recent shift in the consumer electronics industry from an emphasis on analog
`technology to a preference for digital technology is largely based on the fact that
`the former generally limits the user to a role of a passive recipient of information,
`while the latter is interactive and allows the user to control what, when, and how
`he or she receives and manipulates certain information.
`
`This shift in focus has resulted in the development and increasingly widespread
`use of, for example, a hand held digital device generically referred to as a
`"personal digital assistant" (PDA). These hand held devices are becoming
`increasingly popular for storing and maintaining information. Hand held devices,
`such as PDAs, may be connected to a desktop personal computer, networks or
`other PDAs via infrared, direct wire, or wireless communication links.
`
`See '057 Specification at co1.1, ll. 35-49.
`
`48.
`
`The'057 patent then states:
`
`PDAs are increasingly being utilized to access information from remote computer
`networks, such as the "World Wide Web" and the "Internet," both terms well
`known in the computer networking arts. PDA users can, for example, download
`e-mail from the Internet to the PDA. Web sites also exist that permit PDA users to
`access and download software that may be run on the PDA. For example, some
`web sites offer information to PDAs in the form of compressed news articles, stock
`quotes, and other data obtained from a wide variety of other electronic web-based
`sources.
`
`Based on the foregoing, it can be appreciated that a large number of users of hand
`held devices, such as PDAs, pagers and mobile telephony are increasingly relying
`on such devices to maintain and transmit a variety of personal and business
`information.
`
`See'057 Specification at col. 2, ll. 13-27.
`
`49.
`
`The'057 patent then states:
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 19 of 159 PageID 387
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`Discount coupons have long been distributed by manufacturers to merchandise
`their products and by retail stores or establishments to attxact consumers to their
`particular stores. Discount coupons are a type of negoiiable economic credit
`frequently utilized by enterprises for marketing products and services to the
`public. Enterprise awards, such as frequent flyer miles, are also negotiable
`economic credits relied upon by enterprises for marketing purposes.
`
`Coupons are typically distributed to attract customers to engage in commercial
`transactions. Such coupons are effective if utilized by a sufficiently high
`percentage of customers. Utilizing this gauge, free-standing inserts are not very
`effective. Their redemption rate is presently approximately 2.8 percent and
`dropping.
`
`Typically, coupons are physically collected at stores and credit is provided to the
`customer purchasing the corresponding product. The coupons are generally
`bundled and forwarded to a clearing house and then to a redemption center for
`sorting and counting. Reports are eventually forwarded to the manufacturers
`issuing the coupons in order to eventually generate a credit to the stores
`redeeming the coupons. It may unfortunately take several months before a store
`is reimbursed for coupons under present coupon redemption/processing
`methods.
`
`Another problem with coupons is a significant misredemption rate of between 20
`and 30 percent as a result of misidentification and outright fraud. The
`misredemption problem i's exacerbated by the enormous amount of time, usually
`a riumber of months, that it takes to reimburse the retail stores for the discount
`given the customer.
`
`See '057 Specification at col. 2,11. 28-57.
`
`50.
`
`The'057 patent then states:
`
`Attempts have been made to address such problems. Such attempts, however,
`have resulted in additional problems, while not fully addressing the problems
`described above. For example, some companies have implemented a product
`specific micro-marketing system tied to a product point of selection and
`proprietary hardware in the form of an alerting platform attached to a grocery cart.
`A consumer within a retail establishment presses a button on the grocery cart
`alerting platform to select an electronic coupon when a coupon is graphically
`displayed at the exact product location within the retail establishment. The
`customer and the cart must be located at the point of selection to access the coupon.
`Such a micro-marketing system is proprietary in nature and requires a customer
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 20 of 159 PageID 388
`
`to retrieve a coupon only from the point of selection within 'the store. Thus,
`because of the proprietary nature of the system, the coupons, the alerting platform
`and other proprietary hardware cannot be utilized at other retail establishments.
`Further, the enterprise associated with the retail establishment is burdened by the
`maintenance, replacement, and repair of the proprietary hardware attached to the
`retail establishment's shopping carts due to use, abuse, the weather and so forth.
`Other systems known in the art utilize smart cards and card readers/writers at
`point of product selection for obtaining coupon data. Such systems, however, force
`the user to retrieve data at the point of product selection (i.e. point of selection),
`thereby tying their shopping activities to a proprietary system.
`
`Accordingly, alternatives are needed to traditional mass marketing and couponing
`techniques, and proprietary, point of selection type systems. A need exists for non-
`, or solely-, proprietary, based systems that are flexible, efficient and consumer
`friendly. Further a need exists for credit devices that are not completely owned by
`the enterprise or retail establishment, but owned by the customers themselves and
`which can be utilized at other retail establishments and enterprises. Such a device
`and associated systems and methods, should be ubiquitous in nature to avoid the
`problems inherently -associated with prior micro-marketing systems.
`
`It has become apparent to the present inventors that the ability to acquire, store
`and use negotiable economic credits, such as coupons, on hand held devices
`would free users of the time consuming tasks of clipping, organizing and
`redeeming traditional paper coupons or credits (e.g., frequent flier redemption via
`paper-based request), and the problems associated with proprietary micro-
`marketing systems. It has also become apparent to the present inventors that for
`merchandisers and manufacturers, such hand held devices could be utilized to
`effectively market, compile and negotiate credit exchanges/redemption much
`more efficiently than the traditional paper processing methods or proprietary-
`based micro-marketing systems and methods.
`
`See'057 Specification at col. 2,1. 58 - col. 3,143.
`
`51.
`
`The'057 patent then states:
`
`It is believed that aspects of the invention presently described herein solve the
`traditional problems associated with negotiable economic credits, including
`coupons, cash, credit and enterprise awards, and the problems associated with
`proprietary-based marketing systems thereof, while addressing an area of user
`control that has not yet been considered, anticipated, or utilized by coupon/ credit
`merchandisers and manufacturers, namely, the increasing number of individuals
`who rely on hand held devices, such as PDAs, to maintain and store personal and
`business information.
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`Case 4:23-cv-00576-P Document 1-9 Filed 06/08/23 Page 21 of 159 PageID 389
`
`See '057 Specification at col. 3, R. 44-53.
`
`52.
`
`The invention(s) claimed in the '057 patent solves various technological
`
`problems inherent in the then-existing marketing and merchandizing systems to,
`
`among other things, (1) function more efficie