Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 1 of 37
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`EXPRESS MOBILE, INC.,
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`Plaintiff,
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`Defendant.
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`Case No. 6:20-cv-802
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`Jury Trial Demanded
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`v.
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`eBAY INC.,
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Express Mobile, Inc. (“Express Mobile” or “Plaintiff”), by its attorneys,
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`demands a trial by jury on all issues so triable and for its Complaint against eBay Inc. (“eBay” or
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`“Defendant”) alleges the following:
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`NATURE OF THE ACTION
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`1.
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`This action arises under 35 U.S.C. § 271 for eBay’s infringement of Express
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`Mobile’s United States Patent Nos. 6,546,397 (“the ’397 patent”) and 7,594,168 (“the ’168
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`patent”).
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`THE PARTIES
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`2.
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`Plaintiff Express Mobile, Inc. is an inventor-owned corporation organized under
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`the laws of the State of Delaware with a place of business at 38 Washington Street, Novato, CA
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`94947.
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`3.
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`Upon information and belief, eBay Inc. is a corporation organized and existing
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`under the laws of the State of Delaware, with a place of business at 7700 W Parmer Lane,
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`Austin, TX 78729. eBay may be served through its registered agent for service in Delaware,
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`Corporation Trust Center, 1209 Orange St., Wilmington, Delaware 19801.
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 2 of 37
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`4.
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`Upon information and belief, eBay provides website marketing services to
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`millions of customers, including both businesses and individuals.
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`JURISDICTION AND VENUE
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`5.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331 and 1338(a).
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`6.
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`Upon information and belief, jurisdiction and venue for this action are proper in
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`the Western District of Texas.
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`7.
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`This Court has personal jurisdiction over eBay because eBay has purposefully
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`availed itself of the rights and benefits of the laws of this State and this Judicial District. Upon
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`information and belief, eBay resides in the Western District of Texas by maintaining a regular
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`and established place of business at 7700 W Parmer Lane, Austin, TX 78729.
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`8.
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`This Court also has personal jurisdiction over eBay because eBay has done and is
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`doing substantial business in this Judicial District, both generally and, upon information and
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`belief, with respect to the allegations in this Complaint, including eBay’s one or more acts of
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`infringement in this Judicial District.
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`9.
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`Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(b) and (c) and §
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`1400(b). eBay committed acts of infringement through performing a method to allow users to
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`produce Internet websites in the Western District of Texas and has a regular and established
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`place of business in this District. eBay’s office in Austin is a physical place in the District, it is
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`an established location where eBay’s business has been carried out for several years, and eBay
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`publicly advertises its presence in the District.
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`PATENTS-IN-SUIT
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`10.
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`Express Mobile is the lawful owner of all rights, title, and interest in the ’397
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`patent titled “Browser Based Web Site Generation Tool and Run Time Engine,” including the
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 3 of 37
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`right to sue and to recover for infringement thereof. The ’397 patent was duly and legally issued
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`on April 8, 2003, naming Steven H. Rempell as the inventor. A true and correct copy of the ’397
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`patent is attached as Exhibit A.
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`11.
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`The inventions of the ’397 patent solve technical problems related to website
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`creation and generation. For example, the inventions enable the creation of websites through
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`browser-based visual editing tools such as selectable settings panels which describe website
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`elements, with one or more settings corresponding to commands. These features are exclusively
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`implemented utilizing computer technology including a virtual machine.
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`12.
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`The claims of the ’397 patent do not merely recite the performance of some pre-
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`Internet business practice on the Internet. Instead, the claims of the ’397 patent recite inventive
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`concepts that are rooted in computerized website creation technology, and overcome problems
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`specifically arising in the realm of computerized website creation technologies.
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`13.
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`The claims of the ’397 patent recite inventions that are not merely the routine or
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`conventional use of website creation systems and methods. Instead, the inventions teach a
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`browser-based website creation system and method in which the user-selected settings
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`representing website elements are stored in a database, and in which said stored information is
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`retrieved to generate said website.
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`14.
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`The technology claimed in the ’397 patent does not preempt all ways of using
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`website or web page authoring tools nor any other well-known prior art technology.
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`15.
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`Accordingly, each claim of the ’397 patent recites a combination of elements
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`sufficient to ensure that the claim amounts to significantly more than a patent on an ineligible
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`concept.
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`16.
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`Plaintiff is the lawful owner of all rights, title, and interest in United States Patent
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`No. 7,594,168 titled “Browser Based Web Site Generation Tool and Run Time Engine,”
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`including the right to sue and to recover for infringement thereof. The ’168 patent was duly and
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`legally issued on September 22, 2009, naming Steven H. Rempell as the inventor. A true and
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`correct copy of the ’168 patent is attached as Exhibit B.
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`17.
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`The inventions of the ’168 patent solve technical problems related to website
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`creation and generation. For example, the inventions enable the creation of websites through
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`browser-based build tools and a user interface. The inventions greatly improve the productivity
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`of the designer utilizing an innovative implementation for styles. These features are
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`implemented utilizing computer technology.
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`18.
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`The claims of the ’168 patent do not merely recite the performance of some pre-
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`Internet business practice on the Internet. Instead, the claims of the ’168 patent recite inventive
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`concepts that are rooted in computerized website creation technology and overcome problems
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`specifically arising in the realm of computerized website creation technologies.
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`19.
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`The claims of the ’168 patent recite inventions that are not merely the routine or
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`conventional use of website creation systems and methods. Instead, the inventions teach a
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`browser-based website creation system including a server comprising a build engine configured
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`to create and apply styles to, for example, a website with web pages comprised of objects.
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`20.
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`The technology claimed in the ’168 patent does not preempt all ways of using
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`website or webpage authoring tools nor any other well-known or prior art technology.
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`21.
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`Accordingly, each claim of the ’168 patent recites a combination of elements
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`sufficient to ensure that the claim amounts to significantly more than a patent on an ineligible
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`concept.
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`22.
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`In Express Mobile v. KTree Computer Solutions, a case filed in the Eastern
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`District of Texas, the defendant, KTree Computer Solutions, brought a Motion for Judgment on
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`the Pleadings asserting that the ’397 patent and the ’168 patent are invalid as claiming abstract
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 5 of 37
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`subject matter under 35 U.S.C. § 101. (C.A. 2:17-00128; Dkt. 9, 17, 22-27). The briefing
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`associated with the motion is incorporated by reference into this Complaint.
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`23.
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`After considering the respective pleadings, Magistrate Judge Payne recommended
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`denial of KTree’s motion, without prejudice, holding that “the claims appear to address a
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`problem particular to the internet: dynamically generating websites and displaying web pages
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`based on stored user-selected settings” and further stating “the asserted claims do not bear all of
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`the hallmarks of claims that have been invalidated on the pleadings by other courts in the past.
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`For example, the claims are not merely do-it-on-a-computer claims.” (Dkt. 29, attached as
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`Exhibit C.) No objection was filed to the Magistrate Judge’s report and recommendation and the
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`decision therefore became final.
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`24.
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`In Express Mobile v. Pantheon Systems, Inc., a case filed in the Northern District
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`of California, the defendant, Pantheon Systems, Inc., brought a Motion to Dismiss Plaintiff's
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`First Amended Complaint asserting that the ’397 patent and the ’168 patent were directed to the
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`abstract idea of creating and displaying webpages based upon information from a user with no
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`further inventive concept and purportedly ineligible for patenting under 35 U.S.C. § 101. (Case
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`No. 3:18-CV-04688-RS; Dkt. 26, 32 and 34). The briefing associated with the motion is
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`incorporated by reference into this Complaint.
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`25.
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`In Express Mobile v. Code and Theory LLC, a case filed in the Northern District
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`of California, the defendant, Code and Theory LLC, brought a Motion to Dismiss Plaintiff’s
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`Complaint asserting that the ’397 patent and the ’168 patent are not subject matter eligible under
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`35 U.S.C. § 101 as a matter of law. (Case No. 3:18-CV-04679-RS; Dkt. 35, 40 and 41). The
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`briefing associated with the motion is incorporated by reference into this Complaint.
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`26.
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`After a hearing and a consideration of the respective pleadings, Hon. Richard
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`Seeborg denied both motions holding that:
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`• “The patents here are directed at a purportedly revolutionary technological solution to
`a technological problem—how to create webpages for the internet in a manner that
`permits ‘what you see is what you get’ editing, and a number of other alleged
`improvements over the then-existing methodologies.” Id. at 5.
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`• The claims of the ‘397 and ‘168 patents are “directed to a specific improvement to the
`way computers operate,” and “it simply cannot be said on the present record that the
`claims are drawn so broadly as to be divorced from the potentially patent-eligible
`purported technological improvements described in the specification.” Id. at 5-6.
`(Case No. 3:18-CV-04679-RS; Dkt.45; Case No. 3:18-CV-04688-RS Dkt.40; attached
`as Exhibit D.)
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`27.
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`In Case Nos. 1:18-CV-01173-RGA and 1:18-CV-01175-RGA, infringement
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`actions filed by Plaintiff in the District of Delaware, the respective defendants in those actions,
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`Dreamhost LLC and Hostway Services, Inc., brought Motions to Dismiss claims of the ’397
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`and ’168 patents on the basis of invalidity under 35 U.S.C. § 101. (Case No. 1:18-CV-01173-
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`RGA D.I. 14, D.I. 18-21 and 24 Case No. 1:18-CV-01175-RGA D.I. 17-19 and 23). The
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`briefing associated with the motion is incorporated by reference into this Complaint.
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`28.
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`After consideration of the respective pleadings, Judge Andrews denied both
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`motions in a joint order, pointing to factual allegations of inventiveness identified by the
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`Plaintiff, and an expert declaration explaining inventiveness of the claims, noting that such
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`factual issues preclude a finding of invalidity on a motion to dismiss. (Case No. 1:18-CV-
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`01173-RGA D.I. 43; Case No. 1:18-CV-01175-RGA D.I. 42; attached as Exhibit E.).
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`BACKGROUND
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`29.
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`Plaintiff Express Mobile is a leader in the business of developing mobile app and
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`web site design and creation platforms, and has intellectual property including U.S. patents
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`relating to certain tools useful in the field. Express Mobile is managed by individuals with
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`decades of technology and business experience. The Chairman of the Board and CTO of
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`Express Mobile, Steve Rempell, is the inventor of Express Mobile’s patent portfolio. Mr.
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`Rempell has over 50 years of experience in technology companies, with much of that work
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`focused on web-based technologies and applications.
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`30.
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`Defendant eBay is a well-known company that facilitates consumer-to-consumer
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`and business-to-consumer sales through its website. eBay has grown rapidly and now generates
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`billions of dollars of revenue per year.
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`COUNT I - INFRINGEMENT OF U.S. PATENT NO. 6,546,397
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`31.
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`Plaintiff incorporates by reference the allegations contained in paragraphs 1 to 30
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`above.
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`32.
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`Using the technology claimed by the ’397 patent, eBay’s listings (e.g., all
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`registered sellers and eBay stores) including all hardware and software used and/or generated to
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`provide these functionalities (collectively, the “Accused Instrumentality”) performed a method to
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`allow users to produce Internet websites by letting users select settings representing website
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`elements, storing these settings in a database, and retrieving stored information to generate
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`websites.
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`33.
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`During relevant time periods, eBay performed a method to allow users to
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`produce Internet websites which infringed, either literally or under the doctrine of equivalents,
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`one or more claims of the ’397 patent in violation of 35 U.S.C. § 271(a).
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`34.
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`Upon information and belief, eBay directly infringed at least claim 1 of the ’397
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`patent through its Accused Instrumentality that provided browser-based website authoring tools
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`in which the user-selected settings representing website elements are stored in a database and in
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`which said stored information is retrieved to generate said website.
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`35.
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`The Accused Instrumentality performed a method to allow users to produce
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`Internet websites on and for computers having a browser and a virtual machine capable of
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`generating displays. For example, the Accused Instrumentality enabled a seller-user to produce
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`a website on the eBay site through a browser on the seller-user’s computer. A seller-user could
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`register through eBay and select an item to sell. This resulted in a web page listing for an item
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`for sale. This functionality is available to all registered sellers, including sellers who use eBay
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`stores.
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`Source: https://www.ebay.com/itm/adidas-Sportive-Track-Jacket-Mens/153288797367
`(example of a final listing by Adidas for a Track Jacket)
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`36.
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`eBay’s list of compatible browsers includes the latest versions of the following:
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`Microsoft Internet Explorer, Microsoft Edge, Mozilla Firefox, Apple Safari and Google Chrome.
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`https://www.ebay.com/help/policies/technical-issues/technical-issues?id=4220. All of these
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`browsers rely on browser engines to interpret and execute JavaScript and HTML to render web
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`pages on a computer. Internet Explorer has relied on Trident (code name for MSHTML) which
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`has included the Chakra JavaScript Engine (http://en.wikipedia.org/wiki/MSHTML). Edge relies
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`on EdgeHTML (which also includes the Chakra JavaScript Engine).
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 9 of 37
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`https://docs.microsoft.com/en- us/microsoft-edge/dev-guide). Safari and Chrome rely on Webkit
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`(which includes WebCore and JavaScript Core. http://en.wikipedia.org/wiki/WebKit). Firefox
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`relies on Gecko (which includes Spidermonkey.
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`http://www.mozilla.org/projects/technologies.html).
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`37.
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`The Accused Instrumentality presented a viewable menu having a user selectable
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`panel of settings describing elements on a website, said panel of settings being presented
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`through a browser on a computer adapted to accept one or more of said selectable settings in
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`said panel as inputs therefrom, and where at least one of said user selectable settings in said
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`panel corresponds to commands to said virtual machine. For example, when a user created a
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`listing, the Accused Instrumentality presented a visual interface with various options to add
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`descriptions, add details, or upload an image, which are commands to the virtual machine to
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`change the contents of the listing, and thus the display of the website.
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 10 of 37
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh
`/lst/draft s&ReturnURL=https://www.ebay.com/sh/lst/active
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`The Accused Instrumentality-compatible browsers all include browser engines
`38.
`(which are process virtual machines) that execute code that generates and displays the user-
`authored web pages on a particular computer, the settings that a user-author selects through the
`eBay visual editor necessarily correspond to virtual machine commands. For example, JavaScript
`and HTML code were used by the browser’s engine to generate and display an eBay web page
`for a user viewing the web page on a computer, the author’s selections through the WYSIWYG
`editor buttons (such as font, font size, text style, and color) being reflected in the displayed page.
`The WYSIWYG editor buttons are created with Javascript.
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 11 of 37
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh
`/lst/draft s&ReturnURL=https://www.ebay.com/sh/lst/active
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh
`/lst/draft s&ReturnURL=https://www.ebay.com/sh/lst/active
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`The Accused Instrumentality generated a display in accordance with one or more
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`39.
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`user selected settings substantially contemporaneously with the selection thereof. For example,
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`when a user selected the font settings as shown above, the changes were reflected in the
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`WYSIWYG display as the user changed them.
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`40.
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`The Accused Instrumentality stored information representative of said one or
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`more user selected settings in a database. For example, when a user changed the font from the
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`above user interface, the Accused Instrumentality saved information in a database, at least once
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`the user clicked “List Item” or “Save as draft.”
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh
`/lst/draft s&ReturnURL=https://www.ebay.com/sh/lst/active
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`Source: https://www.ebay.com/sh/lst/drafts (after saving as draft, the listing, including user
`selected settings such as font styles, appeared in a user’s drafts. Drafts were saved server-side
`in a database because they can be accessed from different browsers in different locations)
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`41.
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`Because at least some of the Accused Instrumentality runtime files included
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`several Asynchronous JavaScript And XML (“AJAX”) commands designed for pulling data
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`from a database to display a web page, the server-side script that processed this form would
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`send a request for data to an eBay database server from which it could be retrieved. The
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`following diagram is from a published web tutorial explaining the typical process (using an
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`email “form” as the example):
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`Source: http://www.javascript-coder.com/html-form/html-form-tutorial-p1.phtml
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`The Accused Instrumentality generated a website at least in part by retrieving
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`42.
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`said information representative of said one or more user selected settings stored in said database.
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`For example, after the user hit “Preview,” the user’s sales listing was generated, at least in part
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`by having retrieved user selected settings such as the font settings shown above.
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 14 of 37
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`Source: https://www.ebay.com/itm/preview/1893755218411?valoff=1
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`43. When a user pressed “List Item” instead of “Preview” to create a new listing, the
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`Accused Instrumentality also used this information that is stored in its database to create the
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`listing webpage.
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`44.
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`The Accused Instrumentality built one or more web pages to generate said
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`website from at least a portion of said database and at least one run time file, where said at least
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`one run time file utilized information stored in said database to generate virtual machine
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`commands for the display of at least a portion of said one or more web pages. For example, the
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`generation of the auction webpage by a buyer/user at run-time reads information from the
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`database, such as by retrieving settings such as font styles.
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 15 of 37
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`Source: https://www.ebay.com/itm/preview/1893755218411?valoff=1
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`45.
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`As another example, the visible source also referenced additional runtime
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`JavaScript files, such as the JavaScript files used to zoom in to an image on a listing. The
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`JavaScript and the HTML for having generated and displayed the final page necessarily
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`represented virtual machine commands because they relied on the underlying browser engine
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`for execution. The HTML code is used by the browser’s engine to render the page. The
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`JavaScript Code would rely on the browser engine’s component JavaScript engine to execute
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`and to either display a portion of the page directly, or to generate HTML to be executed for
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`display by the main layout functions of the engine.
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 16 of 37
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`Source: https://www.ebay.com/itm/adidas-Sportive-Track-Jacket-Mens/153288797367
`(showing a final listing by Adidas)
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`eBay was made aware of the ’397 patent and its infringement thereof at least as
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`46.
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`early as December 20, 2018 when Express Mobile provided notice of eBay’s infringement of
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`the ’397 patent to Ms. Marie Oh Huber, SVP and General Counsel of eBay. Upon information
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`and belief, since at least the time eBay received notice, eBay had directly infringed at least
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`claim 1 of the ’397 patent and induced others to infringe at least claim 1 of the ’397 patent under
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`35 U.S.C. § 271(b) by, among other things, and with specific intent or willful blindness, by
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`having actively aided and abetted others to infringe, including but not limited to eBay’s clients,
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`customers, and end users, whose use of the Accused Instrumentality constituted direct
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`infringement of at least one claim of the ’397 patent. In particular, eBay’s actions that aided and
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`abetted others such as customers and end users to infringe included advertising and distributing
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`the Accused Instrumentality and providing instruction materials, training, and services regarding
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`the Accused Instrumentality. See e.g., https://www.ebay.com/help/home,
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 17 of 37
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`https://developer.ebay.com, https://pages.ebay.com/seller-center/,
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`https://export.ebay.com/en/start-sell/first-steps/how-create-listing/how-create-listing/,
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`https://www.ebay.com/help/listings/creating-managing-listings/creating-listing?id=4105, and
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`related domains and subdomains. Upon information and belief, eBay had engaged in such
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`actions with specific intent to cause infringement or with willful blindness to the resulting
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`infringement because eBay had actual knowledge of the ’397 patent and knowledge that its acts
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`were inducing infringement of the ’397 patent since at least the date eBay received notice that
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`such activities infringed the ’397 patent.
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`47.
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`eBay is liable as a contributory infringer of the ’397 patent under 35 U.S.C. §
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`271(c) by having offered to sell, sold and imported into the United States website or web page
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`authoring tools to be especially made or adapted for use in an infringement of the ’397 patent.
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`The Accused Instrumentality is a material component for use in practicing the ’397 patent, is
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`specifically made and is not a staple article of commerce suitable for substantial non-infringing
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`use.
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`48.
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`Upon information and belief, since the date of its receipt of notice, eBay’s
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`infringement of the ’397 patent has been willful and intentional under the standard announced in
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`Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S.Ct. 1923, 195 L.Ed 2d 278 (2016). Since at least
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`December 20, 2018, eBay has willfully infringed the ’397 patent by refusing to take a license
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`and having continued to make, use, test, sell, license, and/or offer for sale/license the Accused
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`Instrumentality. eBay has been aware that it infringes the ’397 patent since at least December
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`20, 2018 and instead of taking a license, eBay opted to make the business decision to
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`“efficiently infringe” the ’397 patent. In doing so, eBay willfully infringed the ’397 Patent.
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`49.
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`eBay’s infringement has damaged and injured Express Mobile.
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`17
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 18 of 37
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`COUNT II - INFRINGEMENT OF U.S. PATENT NO. 7,594,168
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`50.
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`Plaintiff incorporates by reference the allegations contained in paragraphs 1 to 49
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`above.
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`51.
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`eBay has manufactured, used and/or provided and continues to manufacture, use
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`and/or provide its eBay.com platform (the “Accused Instrumentality”) that infringes, either
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`literally or under the doctrine of equivalents, one or more claims of the ’168 patent in violation
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`of 35 U.S.C. § 271(a).
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`52.
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`Upon information and belief, eBay has directly infringed and is directly
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`infringing at least claim 1 of the ’168 patent by making and using a system for assembling a
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`website.
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`53.
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`The Accused Instrumentality makes and provides a system for assembling a web
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`site. For example, the Accused Instrumentality enables users to create eBay listings and stores,
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`which are web sites, through a browser on the user’s computer interacting with the server facility
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`hosted by eBay.
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`Source: https://pages.ebay.com/seller-center/run-your-store/why-get-an-ebay-store.html
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`18
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 19 of 37
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh/
`lst/drafts&ReturnURL=https://www.ebay.com/sh/lst/active
`
`
`The Accused Instrumentality has a server comprising a build engine. For
`54.
`example, on its servers, the Accused Instrumentality provides a build engine that allows users to
`manage and customize their sites with different customization options. A user may navigate to
`their store by selecting the “Selling” option in the My eBay dropdown, and then clicking
`“Manage Store” in Selling tools. This will open a user’s “Manage My Store” page, where the
`user can create and edit their store.
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`
`
`Source: https://www.ebay.com/sh/ovw
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`19
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`

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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 20 of 37
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`
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`A user can create a new auction listing by clicking the “sell” button, “Create listing,”
`55.
`and then entering a product in the listing field.
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`20
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`

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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 21 of 37
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`
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh/
`lst/drafts&ReturnURL=https://www.ebay.com/sh/lst/active
`
`
`56.
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`The Accused Instrumentality’s build engine is configured to accept user input to
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`create a web site, the web site comprising a plurality of web pages, each web page comprising a
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`plurality of objects to accept user input to associate a style with objects of the plurality of web
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`pages. The Accused Instrumentality’s build engine accepts user input to create a web site
`
`comprising a plurality of web pages. For example, the Accused Instrumentality includes a
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`plurality of individual auction pages. Individual auction pages are comprised of a plurality of
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`objects, such as at least the main image and sub-images.
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`21
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`

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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 22 of 37
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`
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1
`
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`57.
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`The Accused Instrumentality accepts user input to associate a style with objects.
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`For example, several classes, each with different styles, are associated with the auction image
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`object.
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`22
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`

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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 23 of 37
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`
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`
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1
`
`
`58. When creating an auction, users may also edit their photos using the Accused
`
`
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`Instrumentality’s build engine, which is associating a style with the image objects.
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`23
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`

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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 24 of 37
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`
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`Source:
`https://bulksell.ebay.com/ws/eBayISAPI.dll?SingleList&&DraftURL=https://www.ebay.com/sh
`/lst/drafts&ReturnURL=https://www.ebay.com/sh/lst/active
`
`Each web page comprises at least one button object or at least one image object.
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`59.
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`For example, the auction pages comprise an auction image object that comprises an image
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`object.
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`
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1
`
`
`The at least one button object or at least one image object is associated with a
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`60.
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`style that includes values defining transformations and time lines for the at least one button
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`object or at least one image object. The auction image object in the listing for “king crimson in
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`the court of the crimson king vinyl SD 8245” comprises an image object, and is associated with
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`a style that includes values defining transformations and time lines. As shown below, the “time
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`left” indicator is counting down to the end of the auction (here, showing 2m 49s left).
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`24
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 25 of 37
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`
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1
`
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`As seen in the HTML source, the underlying image being displayed as part of
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`61.
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`
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`this object is “img500.”
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`25
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 26 of 37
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`
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1
`
`
`
`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1
`
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`Once the auction ends, the object is transformed, as shown below, where the
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`62.
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`displayed image is smaller and has a “sold” banner overlaid on top of the image.
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`26
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 27 of 37
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1&autorefresh=true
`
`
`63.
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`In the ended auction page, this new auction object still contains a link to the
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`original image.
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`
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`Source: https://www.ebay.com/itm/king-crimson-in-the-court-of-the-crimson-king-vinyl-SD-
`8245/184388484431?hash=item2aee68fd4f:g:XA0AAOSwya1fKLv1&autorefresh=true
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`The timer style in the original auction page can be seen in the HTML source.
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`64.
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`27
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 28 of 37
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`
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`Source: https://www.ebay.com/itm/Electric-Frankenstein-Youre-So-Fake-7-Vinyl-Estrus-
`Records-1998-Garage-Rock/184389998951?hash=item2aee801967:g:HnoAAOSwwQ5e3RXO
`
`
`Additionally, the time left in an item’s auction can be found in eBay’s databases,
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`65.
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`
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`as evidenced from the API calls such as a “WatchedItemEndingSoon Notification,” which will
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`send a notification to a user watching an item based on the time left in an auction.
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`28
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`Case 6:20-cv-00802-ADA Document 1 Filed 09/01/20 Page 29 of 37
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`Source: https://developer.ebay.com/devzone/guides/features-guide/content/Notifications/Notif-
`WatchedItemEndingSoon.html
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`Each web page is defined entirely by each of the plurality of objects comprising
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`66.
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`
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`that web page and the style associated with the object. Using the Document Object Model,
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`modern browsers parse the HTML code that comprises web pages into objects.
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`The Document Object Model (DOM) connects web pages to scripts or
`programming languages by rep