Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
636
DECLARATION in Opposition to #602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings Bartlett and Mazza Declarations in Support of Apple's Opposition to Samsung's Motion to Compel filed byApple Inc.. (Attachments: #1 Exhibit 1 to Bartlett Declaration, #2 Exhibit 2 to Bartlett Declaration, #3 Exhibit 3 to Bartlett Declaration, #4 Exhibit 4 to Bartlett Declaration, #5 Exhibit 5 to Bartlett Declaration, #6 Exhibit 6 to Bartlett Declaration, #7 Exhibit 7 to Bartlett Declaration, #8 Exhibit 8 to Bartlett Declaration, #9 Mazza Declaration, #10 Exhibit A to Mazza Declaration, #11 Proposed Order)(Related document(s) #602 ) (Hung, Richard) (Filed on 1/17/2012)
Exhibit 5
December 2009
Buy Online, Pick Up
In-Store
Jeffrey Grau,
Senior Analyst
jgrau@emarketer.com
Executive Summary: While only a small number of multichannel retailers allow customers to buy online and pick
up in-store, a majority of online consumers rate this service as important. Consumers avoid shipping fees, see and
touch products before taking them home, and satisfy a need for immediate gratification when the product is in stock.
108861
Retailers in North America Who Have Order
Online/Pick Up In-Store Capabilities, August 2009 (%
of respondents)
No, but we plan to implement by the end of 2010
36.6%
No, and we have no plans to implement this functionality
Retailers face complex hurdles when implementing an in-store
pickup program. Nevertheless, many plan to launch this
service because it builds customer loyalty and stimulates
additional spending when customers go to the store to collect
their online orders.
Smart retailers prominently promote the service on their
Website, keep customers informed about the status of their
orders, and clearly state the procedures for using the service.
22.0%
Yes, we offer in-store pickup from in-store inventory or by
shipping
17.1%
Key Questions
■ How do consumers and retailers benefit from buy online, pick
up in-store programs?
Yes, we offer in-store pickup from store inventory only
12.2%
No, but we plan to implement by the end of 2009
7.3%
■ What major hurdles do retailers face in offering these
programs?
Yes, we offer in-store pickup via "ship-to-store" process only
4.9%
Note: numbers may not add up to 100% due to rounding
Source: RIS and AMR Research, "2009 Cross-Channel Tech Trends Study"
sponsored by IBM, October 1, 2009
108861
www.eMarketer.com
The eMarketer View
Overview
Consumer Benefits and Usage
Retailer Considerations
Conclusions
Related Information and Links
®
■ What are the best practices for successfully running these
programs?
■ How are retailers innovating in offering these programs?
2
3
4
5
8
9
Digital Intelligence
Copyright ©2009 eMarketer, Inc. All rights reserved.
The eMarketer View
What is a buy online, pick up in-store service?
Buy online, pick up in-store is a cross-channel service
that comes in two variations. The first service, in-store
fulfillment, is where the retailer pulls a customer’s
online order from existing in-store inventory. This
requires that the retailer have instant visibility into
store inventory. Customers are generally able to go to
the store to pick up their online purchases within a
few hours of placing their order. Best Buy and
Nordstrom offer this option.
The second service, ship-to-store, is used for
products that are not already carried in retailers’
stores. The retailer, in this case, fulfills a customer’s
online order by shipping it from the warehouse to
the store where it is picked up by the customer.
Customers wait anywhere from one day to two
weeks for their item to arrive in-store. Wal-Mart and
Staples offer this option.
Cross-channel services are gaining ground with consumers. The
percentage of consumers who rated buy online, pick up in-store
as a very important service doubled to 35% in January 2009 versus
the year before, according to research from Sterling Commerce.
This and other multichannel services (e.g., buy online, return to
store; check local store inventory online; and Web ordering from
in-store) tie together some of the best attributes of e-commerce
and store shopping.
Cross-channel services are a potent weapon for traditional
retailers to use to challenge Amazon and other Web-only retailers
for market share. Traditional retailers have looked on enviously as
Amazon posted 20% sales growth for the first nine months of
2009. Meanwhile total retail sales declined 10% during the same
period, according to the US Census Bureau.
“Multichannel is not a nice thing to do if you
have some spare time. Multichannel is a
necessity to be able to defend against
Amazon and the other Internet pure-plays.”
—Fiona Dias, executive VP, partner strategy and marketing, GSI
Commerce, in an interview with eMarketer, November 2009
Traditional retailers have been intensifying their online efforts this
year. The Economist noted that during the nine months through
October, Saks’ online sales grew 9% while its store sales fell 19%.
Retailers have also shown signs of fighting back during the 2009
holiday shopping season. Wal-Mart attacked Amazon on several
product fronts with promotions offering rock-bottom prices.
To lure online bargain hunters to their stores, a number of
prominent multichannel retailers including Best Buy and JCPenney
launched Black Friday promotions on their Websites well before
the big shopping day. The strategy worked. In a follow-up analysis,
comScore reported that Best Buy and Wal-Mart were among the
most heavily visited Websites on Black Friday.
The online channel excels as a source of customer product
reviews, personalized recommendations and 24/7 shopping
convenience. Stores are the place to go to see and touch
products, get answers to specific questions from knowledgeable
sales associates and satisfy an immediate need for a product.
“Cross-channel is leveraging the strengths of
each channel to create an overall customer
experience that is greater than the sum of
its parts. It’s 1+1=3.” —Kevin Ertell, VP, retail strategy,
ForeSee Results, as quoted in his blog, Retail: Shaken Not
Stirred, September 2009
®
Buy Online, Pick Up In-Store
2
Overview
As of August 2009, approximately 34% of retailers
offered some type of buy online, pick up in-store
program, according to a Retail Info Systems News
(RIS) survey conducted by AMR Research.
Another 44% of respondents expected to
implement this service by the end of 2010.
Retailers in North America Who Have Order
Online/Pick Up In-Store Capabilities, August 2009 (%
of respondents)
Website Features that Are Important When Shopping
Online According to US Internet Users, April 2009 (%
of respondents)
Slightly
important
Very
important
No, and we have no plans to implement this functionality
22.0%
Yes, we offer in-store pickup from in-store inventory or by
shipping
17.1%
Yes, we offer in-store pickup from store inventory only
12.2%
23%
64%
Purchasing incentives
25%
60%
35%
46%
Product reviews
33%
42%
Finding the item in the store
30%
39%
Searching in-store inventory
30%
38%
Side-by-side product comparison
36.6%
Product details
Site navigation
No, but we plan to implement by the end of 2010
37%
31%
Order online and pick up in-store
26%
23%
Online chat support
18%
13%
Source: comScore, "State of the US Online Retail Economy in Q1 2009,"
May 14, 2009
104376
104376
No, but we plan to implement by the end of 2009
7.3%
Yes, we offer in-store pickup via "ship-to-store" process only
4.9%
Note: numbers may not add up to 100% due to rounding
Source: RIS and AMR Research, "2009 Cross-Channel Tech Trends Study"
sponsored by IBM, October 1, 2009
108861
Order online and pick up in-store was not as important to online
shoppers as features that aid product evaluation, improve site
usability or communicate purchasing incentives, comScore found in
an April 2009 survey. Still, some 49% of respondents said an in-store
pickup service was either “slightly important” or “very important.”
www.eMarketer.com
108861
Janet Sherlock, research director/retail at AMR Research, noted
while reviewing the results of the study that retailers are often
limited to deploying one or the other in-store pickup option
because they do not have the system capabilities to handle both.
Among consumers who had tried a buy online, pick up in-store
service, most were satisfied with the results, according to
Forrester Research data reported in a July 2009 Internet Retailer
article. Forrester found that 88% of US online shoppers were
familiar with the concept of buying online and picking up in-store.
Among these individuals, 37% had tried the service, and 77% of
those who had tried it were satisfied with the experience.
www.eMarketer.com
Buy online, pick up in-store is not as important to consumers as
returning items to a store that were bought online or via a call
center. Nevertheless, the number of respondents who said buy
online, pick up in-store is “very important” doubled in January 2009
(35%) compared with a year earlier (17%), according to Sterling
Commerce. All together 67% of respondents in 2009 said the
ability to pick up items at a store after purchasing them online was
either “important” or “very important.”
Level of Importance of Cross-Channel Shopping
Enhancements According to US Consumers, January
2008 & January 2009 (% of respondents)
January
2008
January
2009
Very ImporNot
Very ImporNot
impor- tant impor- impor- tant important
tant
tant
tant
To be able to return
merchandise to a
store even if it was
purchased online
or via a call center
41%
40%
18%
57%
24%
17%
To be able to pick
up merchandise
at a store after
purchasing online
17%
39%
42%
35%
32%
31%
For call center and
store personnel to
have a record of
what you've
purchased from
that retailer in the
past, regardless of
whether it was in
the store, online
or via a call center
-
-
-
33%
28%
38%
Source: Sterling Commerce, "The Multi-Channel Shopping Experience"
conducted by Opinion Research Corporation, provided to eMarketer,
January 2009
105050
105050
®
Buy Online, Pick Up In-Store
www.eMarketer.com
3
Consumer Benefits and Usage
Through a retailer’s buy online, pick up in-store
service consumers can:
Retailers offering a pick up in-store service have metrics to prove
strong customer usage:
■ Ace Hardware. 73% of Web orders are shipped to stores and
■ Avoid shipping fees
■ Satisfy an immediate need for a product
■ See and touch a product in-store before taking it home
■ Avoid time spent shopping in the store and checking out, since
the item is already paid for
■ Be confident that the product is available and waiting for them
■ Eliminate concerns about letting a package sit on a doorstep
while away
What benefits do customers receive from a buy
online, pick up in-store program?
80% of online revenue goes to ship-to-store (eMarketer
interview, November 2009).
■ Borders. Every week, 25,000 to 30,000 customers use the
option to reserve online and pay in-store (Internet Retailer,
January 2009).
■ Wal-Mart. 40% of Web orders are shipped to a store (Internet
Retailer, November 2009).
Further evidence of the demand for buy online, pick up in-store
comes from a June 2009 analysis conducted by Compete. Best
Buy (39%), Wal-Mart (32%), and Sears (17%) are all seeing a portion
of their online sales going to in-store pickup.
Percent of Online Sales Picked Up In-Store for Select
US Multichannel Retailers, June 2009
Best Buy
Ace Hardware. “The value of ship-to-store comes into play with
what we’re selling online. Consumers are buying some large items
like patio furniture and grills. So the savings to them is significant
to ship it to Ace for free versus by UPS to their home, which can
get rather expensive.”
—Mark Lowe, eCommerce marketing supervisor, Ace Hardware,
in an interview with eMarketer, November 2009
39%
Wal-Mart
Sears
32%
17%
Source: Compete as cited in company blog, July 27, 2009
109698
www.eMarketer.com
109698
Compete concludes that for retailers with these types of numbers,
buy online, pick up in-store translates to a lot more foot traffic
in-store and likely a lower online shopping cart abandonment rate.
GSI Commerce. “The reason why consumers love buy online,
pick up in-store or ship-to-store, or even find in-store, is that
they’re trying to save time. They don’t want to be driving around
aimlessly trying to find a product. They want to know it’s there and
it’s waiting for them.”
—Fiona Dias, executive VP, partner strategy and marketing, GSI
Commerce, in an interview with eMarketer, November 2009
Staples. “Oftentimes it’s for customers that might be mobile
professionals working out of their office, traveling around town
quite a bit—a real estate professional, a sales rep, a consultant
that would prefer to have a Staples store on their path during their
workday. It’s just part of their routine to swing by Staples, and if we
have something ready for them there, all the better.”
—Pete Howard, senior VP, Staples Business Delivery,
in an interview with eMarketer, November 2009
®
Buy Online, Pick Up In-Store
4
Retailer Considerations
Benefits
Retailers cite a number of benefits from offering buy online, pick
up in-store. On a tactical level, it increases the opportunity for
cross-sells and upsells. On a strategic level, it attracts new
customers, leads to higher customer satisfaction and builds
customer loyalty.
■ Ace Hardware. 33% of customers purchased additional items when
collecting online orders.(eMarketer interview,November 2009)
■ Borders. 35% of customers purchased additional items when
collecting online orders (Internet Retailer, January 2009)
What benefits do retailers receive from a buy online,
pick up in-store program?
But Evan Schuman, editor of the StorefrontBacktalk blog, believes
retailers are not maximizing their opportunities. In a June 2009
CBSNews.com column, Mr. Schuman questioned why retailers make
so little effort to get in-store pickup customers to buy additional items,
and suggested that they offer an in-store coupon good only at the time
of pickup. Make its value high enough to be persuasive, he added.
Hurdles
Retailers that want to effectively execute a buy online, pick up
in-store program face daunting technology and personnel issues.
Some retailers face inherent problems due to their particular
business model.
Systems
The big technology challenge for retailers is to know instantly what
inventory is in stock in all of their stores and be able to share that
information in real time with their e-commerce site.
Ace Hardware. “We had a strong year on the Web in 2008 and
shoppers and Ace store owners like the order online/pickup in-store
option. The program drives customers to AceHardware.com and
our network of stores and increases customer loyalty.”
—Mark Lowe, eCommerce marketing supervisor, Ace Hardware,
as quoted in Internet Retailer, May 2009
Nordstrom. “Capabilities like buy online/pickup in-store and
the ability for salespeople to find inventory anywhere in the
company help serve the needs of our customers better through
all our channels.”
—Blake Nordstrom, president, Nordstrom, as quoted in Internet
Retailer, May 2009
Fiona Dias of GSI Commerce told eMarketer that retailers selling
high-value goods, such as consumer electronics or jewelry, must
know what inventory they have in their stores to quickly identify
theft problems.
For retailers selling low-value products, such as Wal-Mart and Target, it
is not as critical to have inventory visibility, so many have not bothered
to develop this capability.This explains why consumer electronics
retailers have been able to offer buy online, in-store fulfillment, yet big
discount retailers have opted for buy online, ship-to-store.
With the ship-to-store option, retailers can get away with not
knowing what they have in stock, though this can be highly
inefficient. Ship-to-store becomes costly and causes storage
problems if a large item such as a kayak or outdoor grill is shipped to
a store when the same item is already in stock. Thus, ship-to-store
does not obviate the need for visibility into local store inventory.
Retailers must also modify their Websites as part of developing an
in-store pickup program. This entails promoting the service on
various pages on the site and adding the pickup option to the
checkout screen.
Staples. “If you have a laptop delivery to a store, we will let you
know we have a special, for instance, on anti-virus software, or we
will make sure you get the right USB cables if they’re not included
in the package. We make sure that you leave on the way back to
your home or office with everything you need to successfully use
the product that you bought.”
—Pete Howard, senior VP, Staples Business Delivery,
in an interview with eMarketer, November 2009
®
Buy Online, Pick Up In-Store
Personnel
Once the technology issues are solved, the personnel issues come
into play. With the in-store fulfillment option, deciding who should
pull stock off the shelf—a sales associate, customer service
representative or warehouse employee—is a major consideration.
Store employees must be trained to run the program and to
capitalize on cross-sell and upsell opportunities. Since employees
are already very busy, they must be given incentives to gain their
full cooperation. To run an effective incentives program,
measurement and reporting processes must be put in place.
5
Retailer Considerations
Wal-Mart epitomizes the personnel issue some retailers face. For
buy online, in-store fulfillment to work, store employees have to
leave their post, go pick up products from the floor and bring them
back to a customer service desk or some other designated
location. Wal-Mart has the lowest labor-per-square-foot model of
just about any retailer, according to Ms. Dias. They have employees
that greet customers at the door and operate checkout counters,
but few that work the floor. So for Wal-Mart, the labor involved in
picking items off the shelf would be the biggest hurdle to running a
buy online, in-store fulfillment program.
Process
Retailers must ensure their stores have enough stock to cover
in-store purchases and in-store fulfillment demand. But this is
neither practical nor efficient, wrote Jason Billingsley, co-founder
of Elastic Path Software, in a February 2009 posting on the
Shop.org blog. He suggested that retailers choose one regional
store to offer buy online, pick up in-store, or that one store act as a
regional supply hub if the lead times are sufficient. This way a
retailer can optimize inventory at the regional and store levels.
With ship-to-store, retailers need to make sure they have
enough store space to stage online orders waiting for pickup.
In an eMarketer interview, Lauren Freedman, president of
the e-tailing group, gave the example of a furniture retailer that is
unlikely to have a huge back room to store couches and tables
ordered online. To this point, Ms. Dias of GSI Commerce told
eMarketer that the reason Target does not offer ship-to-store
service is because it has not figured out how to turn sales space
into a storage area.
Retailers also need to create distribution center procedures to
handle customer orders headed for stores. The distribution center
needs to inform the store that packages are coming, the store has
to acknowledge receipt and customers need to be notified.
What challenges do retailers face in deploying a buy
online, pick up in-store program?
Ace Hardware. “Due to our business nature, we’re a dealer-owned
cooperative, so all of our stores are independently owned and
operated. Not all of them are on the same point-of-sale system,
so we don’t currently have access to real-time inventory for all of
our stores.”
—Mark Lowe, eCommerce marketing supervisor, Ace Hardware,
in an interview with eMarketer, November 2009
the e-tailing group. “If you’re a big furniture store and you’re
shipping in couches and tables, you might not have the real estate
within the store environment to handle that. It’s not like everyone
has huge back rooms.”
—Lauren Freedman, president, the e-tailing group, in an interview
with eMarketer, November 2009
GSI Commerce. “Everybody thinks the biggest issue with
multichannel programs is technology. In some part it is, because
you’ve got to know where your entire inventory is, and you’ve got
to be able to share that real time. But once you get over that
hurdle, then everything else is about people. It’s about people in
stores. Most associates in stores are extremely busy and they’ve
got lots of things to do.”
—Fiona Dias, executive VP, partner strategy and marketing, GSI
Commerce, in an interview with eMarketer, November 2009
REI. Before REI launched its pickup service, it “had to create a
procedure in its distribution center to handle consumer orders
destined for stores. In addition, the shipping schedule to stores
had to be made available to the e-commerce site so it could tell
customers when items would arrive. Stores had to be informed
packages were coming, and the stores had to acknowledge
receipt so customers could be notified—all new procedures.”
—Brad Brown, VP of e-commerce and Web strategy, REI, as
quoted in Internet Retailer, November 2008
®
Buy Online, Pick Up In-Store
6
Retailer Considerations
Business model challenges
Some retailers have inherent difficulties offering an in-store pickup
program. Apparel retailers face complex problems tracking
inventory for items such as sweaters, which run in multiple colors
and sizes. Nordstrom is an exception in this category—the retailer
is still relatively new at offering pickup service.
Orvis, an outdoor gear and apparel retailer, could offer in its stores
only a small percentage of what was available on its Website. Thus a
ship-to-store service would be more feasible than an in-store
fulfillment option. However, the retailer questioned how far
customers would be willing to travel to an Orvis store to save the
few dollars it costs to ship a shirt. Orvis concluded that ship-to-store
did not make sense.
On the other hand, REI found it cost little more to add Web orders
to trucks already traveling from two warehouses to 99 stores. Thus
a ship-to-store service made economic sense, and REI customers
avoid shipping fees on big items such as kayaks and car-top
equipment carriers.
A 2009 e-tailing group study found that the product page on a
Website is the most common place for retailers to inform
customers about a buy online, pick up in-store option. This makes
sense because shoppers are in a decision-making mode there.
The shopping cart level is also an important decision-making
place. Surprisingly, only 41% of retailers introduce this service on
their homepage, where customers form their first impressions.
Location on Retail Site Where US Multichannel
Retailers Promote In-Store Pickup, 2008 & 2009 (% of
respondents)
Product page
50%
78%
Shopping cart
33%
70%
Category page
52%
Retail store locator
In-Store Pickup Service Elements
In planning the details of an in-store pickup program, retailers
make many process decisions that set customer expectations and
keep customers informed of the status of their orders.
33%
48%
Homepage
50%
41%
In-Store Pickup Service Elements
Process
Elements to consider
Location on retail site where
service is promoted
• Retail store locator
• Homepage
• Product page
• Category page
• Shopping cart
• Customer service area
Confirmation and notification
messaging
Location on Retail Website Where Service Is Promoted
• Onsite thank you confirmation
• Order confirmation e-mail
• Store pickup notification e-mail
• Shipped-to-store notification
Online order process notification
• Store location/contact information
• Store hours
• Pickup instructions
• Time allowed for pickup
Store location where customers
pick up an online order
• Front register
• Designated pickup center
• Customer service desk
• Loading dock
Customer service area
19%
2008
2009
Source: the e-tailing group, "5th Annual Cross-Channel Research &
Shopping Survey" as cited in press release, September 30, 2009
108269
108269
www.eMarketer.com
Store Location Where Customers Pick Up Online Orders
An August 2009 RIS study found that the most common place for
in-store pickup was at the front-end register. For customers who
already paid online, waiting in a register line behind paying
customers removes some of the convenience of this service.
Source: eMarketer based on the e-tailing group, "The Web as The CrossChannel Hub: 5th Annual Cross-Channel Shopping Survey,"
September 2009
109591
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109591
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Buy Online, Pick Up In-Store
7
Retailer Considerations
Conclusions
To streamline the process, other retailers use designated pickup
centers or customer service desks. An even less common option
is to pick up an order at the retailer’s loading dock, which makes
sense for heavy items.
Retailers can improve their buy online, pick up
in-store services if they make sure to develop
them with their customers in mind. Here are
some steps retailers can take to make their
programs easier for customers:
Ways that Customers Can Pick Up Online Orders
In-Store According to Retailers in North America,
August 2009 (% of respondents)
We currently do not possess this capability
Pick up at front-end register
43.9%
29.3%
Designated pickup center
Pick up at customer service
Pick up at loading dock
14.6%
9.8%
2.4%
Website. Most retailers promote the service on their product and
shopping pages. However, they should also introduce the service
on their homepage—the arrival point for many online shoppers—
according to Lauren Freedman, president of the e-tailing group.
■ Provide a firm date when merchandise will be ready for
Source: RIS and AMR Research, "2009 Cross-Channel Tech Trends Study"
sponsored by IBM, October 1, 2009
108862
■ Promote in-store pickup services at different places on your
www.eMarketer.com
108862
The Container Store’s program allows online customers to call 5
minutes ahead to request an employee be ready to load the
merchandise on arrival. Sears is trialing a service that also allows
online customers to pick up their order at a Sears warehouse
without having to leave their car.
Buy versus Reserve Online Prior to In-Store Pickup
While the majority of retailers with an in-store pickup program
require the customer to pay online, some have the option to
reserve online and pay for the product in-store at pickup time. This
appeals to customers who feel uncomfortable giving credit card
information online or want to see an item before buying it. For
retailers, this option makes it easier for customers to make
additional purchases, since they pay for the reserved item and
other purchases together.
pickup. Linda Bustos, in a September 2009 posting on the Get
Elastic blog, praised Wal-Mart for estimating the arrival date for
ship-to-store deliveries. Instead of saying “7-10 days,” the retailer
uses an absolute date, sparing customers from having to do
some mental gymnastics.
■ Confirmation e-mails that inform customers their online purchase
is ready for pickup should contain vital information, according to
Ms. Bustos. She suggests including the store location, hours of
operation, telephone number and even a Google Map.
■ Branding an in-store pickup program with a unique name and icon
helps customers remember the service, suggests Ms. Freedman.
Wal-Mart brands its service “Site-to-Store.” The Container Store’s
service goes by the name “Go Shop! Click & Pickup.” Sears’ trial
service is dubbed “MyGofer.”
Finish Line, a seller of athletic apparel, offers the reserve option.
And the Apple store offers a reserve and pick up option that let
customers choose products on its Website and collect them
between December 15 and 24. Since Apple already offers free
shipping on many purchases, this program seems designed to
encourage customers to make additional purchases in the store.
®
Buy Online, Pick Up In-Store
8
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Buy Online, Pick Up In-Store
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