Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—OO360-JJF Document 49-4 Filed 06/O3/2005 Page1 of 4
UNITED STATES DISTRICT SUPERIOR COURT
NORTHERN DISTRICT OP CALIFORNIA
SAN FRANCISCO DIVISION
——oOo——
NETCENTIVES, INC., )
)
Plaintiff, )
vs. )Nos. C—00—0669—CAL
) C—00—0986—CAL
THE SPERRY & HUTCHINSON COMPANY, ) C~00—2637—CAL
INC., et al., )
B
Defendants. )
)
}
NETCENTIVES, INC., )
)
Plaintiff, )
vs. ) DEPOSITION OE
I
MASSMEDIUM.COM, INC., et al., )THOMAS W. STOREY
r ,§ )
Defendants. ) April 3, 2001
)
) Volume II
NETCENTIVES, INC., and THOMAS )Pages 158 — 303
W. STOREY, · )
° Plaintiffs, )NOTICING ATTORNEY:
vs. I RONALD J. SCHUTZ
)
EEENZ.COM, INC., et al., )
)
Defendants. )
I
REPORTED BY: DIANE L. FREEMAN, CSR NO. 5884
GOLDEN GATE REPORTERS
35 Mitchell Boulevard, Suite 8
San Rafael, CA 94903-2010
l—800—442—4622 * (415) 491-4611
(415) 491-4635
F 5 email:[email protected] web:http://www.depos.com/
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Printed/copied on recycled paper
» EXHIBIT
2
.D
2 it

Case 1:04-cv—OO360-JJF Document 49-4 Filed 06/O3/2005 Page 2 of 4
1 EE IT REMEMBERED that, pursuant to
2 notice, and on Tuesday, April 3, 2001, commencing at
3 9:11 a.m. thereof, at Crosby, Heafey, Roach a May,
4 Two Embarcadero Center, San Francisco, California,
5 before me DIANE L. FREEMAN, a Certified Shorthand
6 Reporter, personally appeared
7
8 THOMAS W. STOREY,
9
` 10 called as a witness herein, who, having been
11 previously duly sworn, was examined and testified as
12 follows:
13 » U —-oOo—-
14
15 ROBINS, KAPLAN, MILLER & CIRESI LLP, 2800
16 LaSalle Plaza, 800 LaSalle Avenue, Minneapolis,
A 17 Minnesota 55402, represented by RONALD J. SCHUTZ and
18 EMMETT J. McMAHON, Attorneys at Law, appeared as
19 counsel on behalf of the Defendant Carlson
20 Companies.
21
22 WILEY, REIN & FIELDING, 1776 K Street, N.W.,
23 Washington, D.C., 20006, represented by JAMES H.
24 WALLACE, JR. and GREGORY R. LYONS, Attorneys at Law,
25 appeared as counsel on Plaintiff Netcentives
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GOLDEN GATE REPORTERS 1-800-442-4611
Witness: Thomas W. Storey

Case 1:04-cv—OO360-JJF Document 49-4 Filed 06/O3/2005 Page 3 of 4
09:47 1 program, and 1 wanted to do research in the public
09:48 2 domain to see if there were any other companies
09:48 3 which were doing any sort of web—based or internet-
09:48 4 based incentive programs.
09:48 5 Cathay Pacific here has notes which show
09:48 6 that they had a way to allow you to register as a
09:49 7 Cathay Pacific cyber traveler, but that wasn't
09:49 8 online, and you were then automatically entered into
09:49 9 the mileage millionaire contest, which was just an
09:49 10 offline contest that they ran.
09:49 11 And then we note down here 1 note down
09:49 12 here, which Jackie transcribed for me, their web
09:49 13 address. `
09:49 14 Q. Did you find any online incentive programs
09:49 15 in your internet research?
09:49 16 A. I was not able to find any online internet-
09:50 17 based or web—page—based online interactive incentive
09:50 18 programs which fully integrated the product catalog,
09:50 19 the awards catalog, the credit check routine, the
09:50 20 awards redemption routine or any of the elements
09:50 21 that are claimed in the '870 patent.
09:50 22 Q. Now, you've used the term "fully
09:50 23 integrated" several times. Can you tell us what you
09:50 24 mean by that?
09:50 25 A. Fully integrated, I'd like to look at the
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GOLDEN GATE REPORTERS 1—800—442—4611
Witness: Thomas W. Storey

Case 1:04-cv—OO360-JJF Document 49-4 Filed 06/O3/2005 Page 4 of 4
11:53 1 of the credits and for converting the pending
11:53 2 credits to the redeemable credits after the pre-
11:53 3 determined amount of time."
11:53 4 And, as I said in prior testimony, I
11:54 5 believe, one of the unique elements of the '444
11:54 6 patent was the fact that you had pending and
11:54 7 redeemed credits, and that was important for the
11:54 8 '444 patent, because it was a methodology of
11:54 9 avoiding fraud when a travel agent booked a
11:54 1O reservation through the airline reservation system.
11:54 11 In the 'B7O patent, the '87O patent is
11:54 12 based upon the immediacy of the ability to purchase
11:54 13 a product or service and immediately use the award
11:54 14 points to, in the same session, go and look at
11:54 15 awards and redeem awards.
11:54 16 So, when I have Radisson here saying a
11:55 17 unique event that is timed and a booking process for
11:55 18 travel, that is what I am referring to.
11:55 19 What's below that, where it says
11:55 20 "different," is my comparison of my invention to the
11:55 21 '444 invention. Without the benefit of actually
11:55 22 going through the invention, it's my recollection
11:55 23 and in what I say is different is the first fully
11:55 24 integrated online award.
11:55 25 Obviously here we are talking about the
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GOLDEN GATE REPORTERS 1—800—442—4611
Witness: Thomas W. Storey

Case 1:04-cv-00360-JJF

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