Free Claim Construction Opening Brief - District Court of Delaware - Delaware

Case 1 :O4—cv-OO360—JJF Document 138-8 Filed 05/O9/2006 Page 1 of 3
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WWW··¤¤hiv=·¤r¤ AFFIDAVIT OF PAUL HICKMAN
415.561.6%,7
415840-0391 Max l. I am the Office Manager at the Internet Archive, located at the Presidio of San
mail: Francisco, Califomia. I make this declaration of my own personal knowledge.
imma Archive 2. The Intemet Archive is a website that provides access to a digital library of
PO BOX 29244 Internet sites and other cultural artifacts in digital form. Like a paper library, we provide
5,,, p,,_,,C,SCO_ CA free access to researchers, historians, scholars, and the general public. The Intemet
94129-0244 Archive is affiliated with and receives support from various institutions, including the
Library of Congress.
ship: 3. The Intemet Archive has created a service known as the Wayback Machine. The
Internet Archive Wayback Machine makes it possible to surf more than 55 billion pages stored in the
116 Sheridan Avenue Intemet Archive's web archive. Visitors to the Wayback Machine can type in a URL
Presidio <>1$¤n Fr¤¤¤iS¤<> (i.e., a website address), select a date range, and then begin surfing on an archived
$¤¤ Fr¤¤¢i$¢<>· CA 94129 version of the Web. The links on the archived files, when served by the Wayback
Machine, point to other archived files (whether HTML pages or images). Ifa visitor
clicks on a link on an archived page, the Wayback Machine will serve the archived file
with the closest available date to the originally requested page.
4. The Internet Archive receives data from third parties who compile the data by
using software programs known as crawlers that surf the Web and automatically store
copies ofwebsite files at certain points in time as they existed at that point in time. This
data is donated to the Intemet Archive, which preserves and provides access to it.
5. The Intemet Archive assigns a URL on its site to the archived files in the format
http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in
hh:mm:ss]/[Archived URL]. Thus, the Intemet Archive URL
http://web.archive.org/web/l9970l26045828/http://www.archive.org/ would be the
URL for the record ofthe Intemet Archive home page HTML file
(http://www.archive.org/) archived on January 26, l997 at 4:58 a.m. and 28 seconds
(l997/Ol/26 at 04:58:28). Typically, a printout from a Web browser will show the URL
in the footer. The date assigned by the Intemet Archive applies to the HTML file but not
to image files linked therein. Thus images that appear on the printed page may not have
been archived on the same date as the HTML file. Likewise, ifa website is designed
with "frames," the date assigned by the Intemet Archive applies to the frameset as a
whole, and not the individual pages within each frame.
6. Attached hereto as Exhibit A are true and accurate copies of printouts of the
Internet Archive's records ofthe HTML files archived from the URLs and the dates
specified in the footer ofthe printout.
7. I declare under penalty of perjury that the foregoing is true and correct.
DATE:/l.»’Ig ¢».-;Y"é _ ;~1-7-"`T·· =. — .
' · .. Tri'; Paul Forrest Hickman
MAR1 1 5744

Netcentives: Techn6TlZ§·,§€A`WQ·QgQA/PQiQ§*{§O-JJF Document 138-8 Filed 05/O9/2006 Page 2 of 3 I Om
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g` technology T ’ r r
{iRewardBroker*M iw Awards & Patents :.W....,..l-,_.......[; _-.F
l`iviaxiviiiesi~ V C {
r·MOm€mumw Our patents enable Netcentives to protect and enhance
§éE§§§§"p tem our leadership position, invest and innovate in our V V
,--posmimct technology, and continue to provide our customers with
··—··· the tools to significantly expand their long-term revenue
pbase. By licensing our patents to our customers and ,-
i other loyalty programs, Netcentives is developing a
new standard for Internet marketing programs. This
standard, which currently drives millions of
relationships, is fast becoming a critical point of
difference in ecommerce.
V TV--
--Eric Larsen
President and Chief Executive Officer
Netcentives® holds two patents on its "shop, reward,
track and redeem" process. U.S. Patent Number
5,774,870, issued in June 1998, and U.S. Patent Number
6,009,412, issued in December 1999, cover the business
methods, systems and software developed by
Netcentives, including those related to our "online
interactive frequency and award redemption programs."
F _rAn online frequency and award redemption program is (,_,
l ` one in which consumers earn points for making online `
purchases, store and track points via computer, and then
redeem points for various rewards, including, but not
limited to, frequent flyer miles.
These patents not only reaffirm Netcentives' pioneer
status in the design and implementation of Internet-based
marketing systems, they effectively protect intellectual
property and encourage increased investment and
innovation.
The patents relate to Netcentives' interactive online
incentives technology and, among other protections,
safeguard processes that enable bonus point rewards
and redemptions in real time. They protect Netcentives'
business as our products and services expand. For
example, some Netcentives customers look to us for
large-scale, turnkey loyalty programs. For other
customers, we deliver the infrastructure, and they operate
part or all of the system. Together, these two patents
protect our intellectual property regardless of who
operates the system.
We have licensed our patents to all of our customers,
including American Express, Lycos and America Online.
MAR1 1 5747
hnp://web.archivc.org/web/200l l l l3050l 58/www.netccntivescom/technology/awards.html

Case 1 :04-cv-00360-JJF Document 138-8 Filed 05/O9/2006 Page 3 of 3
Netcentives: Technology; Awards & Patents 2 Of;
Netcentives also has licensing agreements with third
parties in the online loyalty-marketing arena.
Netcentives' SecureReward Architecture-WI - the core of
our loyalty programs - is built on these patents. This
sophisticated technology platform enables Netcentives to
provide major corporations with the end·to·end creation,
delivery and management of ecommerce loyalty
programs. Among other benefits, it facilitates fraud
protection, secure transfer protocol, consumer contact
management, real-time currency transfer and targeted
_ database segmentation.
lrhomer,-about use-glutions & servicesntechnologyr_rclients·~rpress roomr.-investor relations rcareersncontact usqrsite mag
© 1997-2001 Netcentives Inc. All rights reserved.
By accessing any information on this Web site, you agree to be bound by Netcentives' gfgsg. Erivacyjjgggy.
MAR1 15748
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Case 1:04-cv-00360-JJF

Document 138-8

Filed 05/09/2006

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Case 1:04-cv-00360-JJF

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