ForeSee Results, Inc. v. Lodsys, LLC

Filing 1

COMPLAINT for Declaratory Judgment filed by ForeSee Results, Inc.; Jury Demand. Filing fee $ 350, receipt number 0752-6076348. (Attachments: # 1 Exhibit A - U.S. Patent 5,999,908, # 2 Exhibit B - U.S. Patent 7,133,834, # 3 Exhibit C - U.S. Patent 7,222,078, # 4 Exhibit D - U.S. Patent 7,620,565, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hawkins, Brent)

EXHIBIT G

Lodsys LLC
April

E\~lGANG

19, 2011

Via Federal Express

26. April 2011

Mr. Herbert Hainer

Adidas AG
Adi-Dassler - Strasse 1

Eingang
2 6. April 2011

C E 0 ~,. I ,,,I.Q

He cb e rt Ha ¡ ne r Genera! Gounsel

Herzogenaurach, Germany D-91074

Dear Mr. Hainer,

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Re: Infringement of U.S. Patent Nos. 5,999,908, 7,133,834, 7,222,078, and 7,620,565 (Abelow)
Lodsys, LLC a Texas limited Iiability company is the owner of United States Patents 5,999,908, 7,133,834,
7,222,078, and 7,620,565 (the "Lodsys Patents"). The Lodsys Patents are directed to systems and

methods for providers of products and/or services to interact with users of those products and services
to gather information from those users and transmit that information to the provider. Attached is a
complete copy of the '908 patent as weil as certain pages of the '834, '078, and '565 patents for your
review.

The inventions described by these patents are used by companies to interact with users of their
products and services to, among other things:

· provide online help, customer support, and tutorials
. conduct online subscription renewals
· provide for online purchasing of consumable supplies

· survey users for their impressions of their products and services
· assist customers to customize their products and services
. display interactive online advertisements

· collect information on how users actually use their products and services
· seil upgrades or complimentary products

· maintain products by providing users notice of available updates and assisting in the installation
of those updates.
Some of the benefits companies receive from using these inventions are:
. increased product sales (of consumables, subscriptions, and complementary products)

· increased additional revenues (of in-product digital items and interactive advertising)

· more efficient design of subsequent products (through faster time to market, better targeted
features, and the ability to interactively update products in the field)

· greater customer satisfaction (both in terms of future product development as a result of
consumer input and through keeping products up to date or providing more effective online
help resources in a cost efficient manner).

The inventions detailed in the various claims of these patents were developed by Daniel Abelow, an

expert in usability and in the organization, presentation, and incorporation, of information in websites,

505 East Travis Street I Suite 207 I Marshall TX 75670 I www.lodsys.com

Lodsys LLC
products, services, and enterprise systems. Dan earned a Bachelor's of Science in Economics degree

from the Wharton School of Business at the University of Pennsylvania in 1971 and a master's degree
from Harvard University, which included graduate work at the Massachusetts Institute of Technology.
As an independent consultant on presenting information via the internet, Dan's c1ients have included
companies such as Accenture, Agilent Technologies, Cisco, Harvard Business School, IBM, and Lotus

Development.

To date, companies including - Adobe, American Express, Apple, eBay, Google, Intuit, Microsoft, Nokia,
Nokia-Siemens, Nvidia, Sony, Sony-Ericsson, Verizon, Vahoo and several other Fortune 1000
companies - have chosen to license the Lodsys Patents.

We have reviewed your use of the Lodsys Patents and have prepared the enclosed claim chart
demonstrating at least one instance of how you utilize the inventions embodied in the Lodsys Patents.

The images used in the charts are representative only and in addition to the charted claim of the
referenced patent, you should consider the remaining claims of that patent and the other Lodsys

Patents both respect to the charted utilization and with respect to other products and services offered
by you.

The Lodsys licensing Opportunity
Lodsys' patented technology provides numerous benefits to your company by reducing costs, increasing

customer satisfaction, increasing revenues, and providing customer data and impressions that allow you

to build more effective and relevant products faster and with greater certainty of meeting real customer
needs. This is made possible by your collection of customer product usage details, demographic
information, impressions on the usefulness of features or relevance of advertisements, and desires to
customize your products or services and in wh

at manner. It further occurs through the sale of

consumable supplies and product upgrades or enhancements, the sale of complementary products,

sales of subscription renewals, the provision of online support (to discover what customers do not
understand or are having troubles with), and in product (or in website) customer satisfaction surveys
and interactive advertising. These actions among many other instances of customer data collection,

provide you with the opportunity to seil more products and services, build new versions faster in a
competitive marketplace, have greater relevancy of your products and services (Ieading to greater
customer satisfaction and greater brand value).

We are interested in reaching a negotiated non-litigation Iicensing arrangement with you for all of your

uses of the Lodsys Patents under your brand names and would Iike to discuss this matter with you
within 21 days of your receipt of this letter. Please contact the undersigned at your earliest convenience.

Lodsys, LLC

505 East Travis Street I Suite 207 I Marshall TX 75670 I www.lodsys.com

Lodsys LLC
Lodsys is a limited Iiability company based in MarshalI, Texas. We have retained the firms of Kelley,
Donion, Gill, Huck & Goldfarb PLLC (www.kdg-Iaw.com) based in Seattle, Washington, and The Davis
Firm, P.c. (www.bdfirm.com) based in Longview, Texas, to assist the company in the Iicensing of the
Lodsys Patents.

Sincerely,

0itÇi(
Mark SmalI, CEO
Lodsys, LLC

[e-mail]
[phone]
Enclosures (3)
Notice
Lodsys LLC reserves all rights with regard to the '908, '834, '078, and '565 patents, including: (1) the right to seek damages anytime
within the last six years that your company started to make use of Lodsys' patented technology; (2) the right to change its royalty
rates at any time; (3) the right to change this Iicensing program at any time without notice, including variance to conform to
applicable laws. You should not rely on any communication or lack of communication from Lodsys, Kelley, Donion, Gill, Huck &
Goldfarb PLLC, or The Davis Firm Group as a relinquishment of any of Lodsys' rights.

505 East Travis Street I Suite 207 I Marshall TX 75670 I www.lodsys.com

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Claim 37 of U.S. Pat. No. 5/999/908

· A system for managing information about a value to users of units of a
computer product that are in use by the users, the system comprising:
· In each df the units of the computer product, a user interface which

providesl a medium for two-way local interaction between the user and
the unit of the product,

· Interactibn scripts that mediate two-way interaction between each of the
users and the corresponding unit of the product via the user interface,
each of ~he interaction scripts carrying information about the value to
users of using the product,
· A value ihformation server accessible via a public communication network
from eadh of the units of the computer product and by a vendor of the

computer product, the value information server storing interaction scripts

and the ~alue information that results from the interaction scripts, and
· A comm~nication element that carries the interaction scripts and the
information that results from the interaction scripts between the units of
the prod:ucts and the value information server, and between the value
information server and the vendor.

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Claim 37 of U.S. Pat. No. 5,999,908: A system for managing information about a value to users of

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Claim 37 ofi U.S. Pat. No. 5,999,908 : In each of the units of the computer product, a user
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Claim 37 of U.SI. Pat. No. 5/999/908: Interaction scripts that mediate two-way interaction between

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Claim 3710f U.S. Pat. No. 5/999/908: A value information server accessible via a public

communication network from each of the units of the computer product and bya vendor of the

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Claim 37 of U.S. Pat. No. 5/999/908: A communication element that carries the interaction scripts
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