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					     CASE 0:11-cv-00380-ADM -JSM Document 1                 Filed 02/15/11 Page 1 of 7



                   IN THE UNITED STATES DISTRICT COURT
                      FOR THE DISTRICT OF MINNESOTA


Carlson Marketing Worldwide, Inc., a               )
Delaware corporation,                              )
                                                   )   Civil Action No.:
                     Plaintiff,                    )
                                                   )
      vs.                                          )   Complaint for Patent Infringement
                                                   )
MillerCoors LLC, a Delaware corporation,           )   Jury Trial Demanded
                                                   )
                     Defendant.                    )
                                                   )
                                                   )


       Plaintiff Carlson Marketing Worldwide, Inc. (“Carlson Marketing”) for its

complaint against Defendant MillerCoors LLC (“MillerCoors”), states and alleges as

follows:

                              NATURE OF THE ACTION

       1.     This is an action for willful patent infringement arising under the patent

laws of the United States, including 35 U.S.C. §§ 271 and 281-285, amongst others.

       2.     Plaintiff Carlson Marketing Worldwide, Inc., is the owner, by assignment,

of all right, title and interest in United States Patent No. 6,039,244 (the “’244 Patent”)

entitled “Method of Building Up a Data Bank Containing Customer Data and/or for the

Organization of a Rebate or Coupon System.” A true and correct copy of the ’244 Patent

is attached as Exhibit A.

       3.     As set forth below, Defendant MillerCoors LLC has willfully infringed and

continues to willfully infringe the ’244 Patent.
      CASE 0:11-cv-00380-ADM -JSM Document 1            Filed 02/15/11 Page 2 of 7



                                           PARTIES

          4.   Plaintiff Carlson Marketing Worldwide, Inc., is a corporation organized and

existing under the laws of the State of Delaware with its principal place of business

located at 1406 Xenium Lane North, Suite 150, Plymouth, Minnesota 55441.

          5.   Plaintiff Carlson Marketing Worldwide, Inc., is one of the largest

marketing firms in the United States and provides marketing services that revolve around

assisting clients in building relationships with employees, partners, and consumers as part

of their efforts to increase sales.

          6.   Defendant MillerCoors LLC is a corporation organized and existing under

the laws of the State of Delaware, with a principal place of business at 250 Wacker Drive,

Chicago, Illinois 60606.

          7.   Defendant MillerCoors LLC manufactures, markets and sells products for

use throughout the United States, including in Minnesota and within this judicial district.

Upon further information and belief, Defendant MillerCoors manufactures, markets and

sells beer and other products under the name Miller High Life.

                                  JURISDICTION AND VENUE

          8.   This Court has subject matter jurisdiction over this matter pursuant to

35 U.S.C. §§ 271 and 281-285, as well as 28 U.S.C. §§ 1331 and 1338(a), amongst

others.

          9.   The Court has personal jurisdiction over MillerCoors, and venue is proper

pursuant to 28 U.S.C. §§ 1391 and 1400(b). MillerCoors has substantial contacts with

this forum as a result of pervasive business activities conducted within the State of

                                           -2-
     CASE 0:11-cv-00380-ADM -JSM Document 1              Filed 02/15/11 Page 3 of 7



Minnesota and within this judicial district, including, but not limited, to the execution of

the promotional rewards program entitled Miller High Life Extras. Further, MillerCoors

has committed and continues to commit acts of patent infringement, directly and/or

through agents, intermediaries and/or third parties, by the ownership and operation of the

Miller High Life Extras rewards program in Minnesota and within this judicial district.

Finally, under the Minnesota Long Arm Statute, Minn. Stat. § 543.19, MillerCoors

transacts business in Minnesota and this judicial district and has committed, or has caused

to be committed, acts of patent infringement within and/or outside Minnesota that have

caused injury in Minnesota.

                                 FACTUAL BACKGROUND

       10.    MillerCoors owns, operates, and maintains—or controls and directs the

operation and maintenance of—the Miller High Life Extras Loyalty Program and its

accompanying website, http://millerhighlife.promo.eprize.com/extras/.

       11.    The Miller High Life Extras program is an Internet-based rewards program

that allows participants to accumulate reward points in various ways. One way of

earning points includes purchasing certain qualifying packages of Miller High Life or

Miller High Life Light products and entering the unique concealed code found inside the

packages on the program’s website. Accumulated points earned from the purchases of

such products may be applied and redeemed by participants for a variety of rewards on

the program’s website. See Exhibits B and C attached hereto. The Miller High Life

Extras program is a promotional and incentive-based program to increase customer

loyalty and sales of participating products, amongst other reasons.

                                            -3-
     CASE 0:11-cv-00380-ADM -JSM Document 1             Filed 02/15/11 Page 4 of 7



      12.    Many participants of the Rewards Program reside in this judicial district.

      13.    Since at least March 2008, MillerCoors has owned and operated the

infringing Miller High Life Extras Program throughout the United States, including

within this District, without license from Carlson Marketing.

      14.    MillerCoors’ infringement of the ’244 Patent is willful. MillerCoors has

been aware of the ’244 Patent since at least April 2010 when Carlson Marketing

contacted MillerCoors to offer them a license to use the ’244 Patent. After months of

stalled conversations between MillerCoors and Carlson Marketing on the topic of the

license and the terms of a proposed License Agreement, in December 2010, MillerCoors

notified Carlson Marketing that they had elected to “obtain a second opinion from new

patent counsel with respect to [the Miller High Life Extras program] on whether we

literally infringe any of the Claims in [Carlson Marketing’s] Finsterwald patent.” See

Exhibit D attached hereto. This “second opinion” was undertaken because MillerCoors

did not want to pay the license fee proposed in the License Agreement. Id.



                         COUNT I - PATENT INFRINGEMENT
                       OF UNITED STATES PATENT NO. 6,039,244

      15.    Carlson Marketing hereby restates and realleges the allegations set forth

above in Paragraphs 1 through 14 and incorporates them by reference.

      16.    MillerCoors owns, operates, and maintains—or controls and directs the

operation and maintenance of—the Miller High Life Extras Program. The Miller High




                                           -4-
     CASE 0:11-cv-00380-ADM -JSM Document 1               Filed 02/15/11 Page 5 of 7



Life Extras Program employs a method of using unique concealed codes on participating

products for the loyalty rewards program.

       17.    MillerCoors has infringed and continues to infringe the ’244 Patent by

utilizing and/or practicing the methods claimed in the ’244 Patent, for example, by the

operation of the Miller High Life Extras Program and its practice of employing unique

concealed codes.

       18.    MillerCoors is liable for infringement under 35 U.S.C. § 271, including

direct and/or indirect infringement of the ’244 Patent, both literally and under the

doctrine of equivalents.

       19.    MillerCoors does not have a license or permission to use the claimed

subject matter in the ’244 Patent for the operation of the Miller High Life Extras

Program.

       20.    The infringement by MillerCoors of the ’244 Patent has injured Carlson

Marketing, and will cause Carlson Marketing further irreparable injury and damage in the

future unless and until MillerCoors is enjoined from infringing said patent. MillerCoors

is liable to Carlson Marketing in an amount that adequately compensates it for its

infringement, which, by law, cannot be less than a reasonable royalty, together with

interest and costs as fixed by this Court under 35 U.S.C. § 284.

       21.    MillerCoors has actual knowledge of the ’244 Patent, and has willfully,

deliberately and intentionally infringed the claims of said patent.




                                            -5-
     CASE 0:11-cv-00380-ADM -JSM Document 1              Filed 02/15/11 Page 6 of 7



                                    PRAYER FOR RELIEF

       WHEREFORE, Carlson Marketing respectfully requests that the Court find in its

favor and enter judgment against MillerCoors as follows:

       a.     That the Court enter judgment in Carlson Marketing’s favor and against

MillerCoors on Count I of the Complaint;

       b.     That MillerCoors be found to have infringed the ’244 Patent in violation of

35 U.S.C. § 271;

       c.     That MillerCoors be found to have willfully infringed the ’244 Patent;

       d.     That MillerCoors pay Carlson Marketing all damages which are available

pursuant to 35 U.S.C. § 284, including, but not limited to, treble damages for any willful

infringement by MillerCoors;

       e.     That an injunction, temporary and/or permanent, issue enjoining

MillerCoors and its agents, servants, officers, directors, employees, parent companies,

subsidiaries, affiliates, joint venturers, and all persons acting in concert with them,

directly or indirectly, from infringing, inducing others to infringe, or contributing to the

infringement of the ’244 Patent;

       f.     If a permanent injunction is not granted, a judicial determination of the

conditions for future infringement such as a royalty-bearing compulsory license or such

other relief as the Court deems appropriate;

       g.     That MillerCoors be ordered to make an accounting of its codes,

participants, sales, profits, royalties, and damages owed to Carlson Marketing, including



                                            -6-
     CASE 0:11-cv-00380-ADM -JSM Document 1               Filed 02/15/11 Page 7 of 7



a post-judgment equitable accounting of damages for the period of infringement of the

’244 Patent following the period of damages established by Carlson Marketing at trial;

      h.        A finding that this case is exceptional pursuant to 35 U.S.C. § 285;

      i.        That MillerCoors pay Carlson Marketing’s attorneys’ fees pursuant to 35

U.S.C. § 285;

      j.        That MillerCoors pay pre-judgment and post-judgment interest;

      k.        That Carlson Marketing be awarded its costs, fees, and expenses in this

action; and

      l.        That Carlson Marketing be awarded any such other and further relief as this

Court deems just, equitable, and proper.

                                  DEMAND FOR JURY TRIAL

      Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Carlson Marketing

respectfully requests a trial by jury of any and all issues on which a trial by jury is

available under applicable law.


                                           ROBINS, KAPLAN, MILLER & CIRESI L.L.P.


Date: February 15, 2011                    s/ Tara D. Falsani
                                           Martin R. Lueck (#155548)
                                           Tara D. Falsani (#0335903)
                                           2800 LaSalle Plaza
                                           800 LaSalle Avenue
                                           Minneapolis, MN 55402-2015
                                           (612) 349-8500

                                           ATTORNEYS FOR PLAINTIFF CARLSON
                                           MARKETING WORLDWIDE, INC.


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     CASE 0:11-cv-00380-ADM -JSM Document 1-1       Filed 02/15/11 Page 1 of 33



Attachments
Exhibit A – U.S. Patent No. 6,039,244
Exhibit B – Miller High Life Extras Loyalty Program Terms and Conditions
Exhibit C – Miller High Life Extras Program Frequently Asked Questions
Exhibit D – Email dated December 3, 2010 from MillerCoors’ Assistant General Counsel
            Patti Beacom to Carlson Marketing Worldwide’s Senior Counsel Carrie
            Thorpe




82000544.1




                                        -8-
CASE 0:11-cv-00380-ADM -JSM Document 1-1   Filed 02/15/11 Page 2 of 33




                   EXHIBIT A
       CASE 0:11-cv-00380-ADM -JSM Document 1-1                                                      Filed 02/15/11 Page 3 of 33
                                                                                1 1 1 1 1 1 101 1 1 1 1 111111111112F1)111 111111111011111 1 1 1
United States Patent                                             [19]                     [11] Patent Number:                               6,039,244
Finsterwald                                                                               [45] Date of Patent:                             Mar. 21, 2000

[54] METHOD OF BUILDING UP A DATA BANK                                                      5,602,377          2/1997   Beller et al.             235/462
      CONTAINING CUSTOMER DATA AND/OR                                                       5,665,951          9/1997   Newman et al.             235/375
      FOR THE ORGANIZATION OF A REBATE                                                      5,665,953          9/1997   Mazzamuto et al.          235/383
      OR COUPON SYSTEM                                                                      5,727,163          3/1998   Bezos                     235/379
                                                                                            5,791,991          8/1998   Small                      463/41
                                                                                            5,794,210          8/1998   Goldhaber et al.           705/10
[76] Inventor:          Martin Finsterwald, Thierschstr. 53,
                                                                                            5,809,144          9/1998   Sirbu et al.               705/26
                        Munich, Germany
                                                                                                     FOREIGN PATENT DOCUMENTS
[21]     Appl. No.: 08/783,372                                                              0 377 515 7/1990European Pat. Off..
[22]     Filed:         Jan. 13, 1997                                                   3723189 Al 2/1988 Germany .
                                                                                          69018007 10/1995 Germany .
[30]          Foreign Application Priority Data
                                                                                                               OTHER PUBLICATIONS
   Oct. 4, 1996       [DE]       Germany                   196 41 092
   Jan. 2, 1997        [EP]      European Pat. Off. .. PCT/EP97/00005                Masing, Walter, Handbuch der Qualitdtssicherung, Carl
                                                                                     Hanser Verlag, Miinchen, Wien, 1890. pp. 709 -726.
[51]     Int. Cl. 7                                    GO6K 7/10
[52]     U.S. Cl.                       235/375; 235/468; 235/383;                  Primary Examiner Donald Hajec
   •                                        705/14; 705/26                          Assistant Examiner Daniel St. Cyr
[58]     Field of Search                                                            Attorney, Agent, or Firm—Townsend and Townsend and
                                              235/375, 379,
                                                                                    Crew LLP
                    235/380, 383, 462, 472.01, 468; 705/14,
                                               26, 501, 513                          [57]                               ABSTRACT
[56]                          References Cited                                       The invention relates to a method of building up a data bank
                                                                                     containing customer data and/or for the organization of a
                  U.S. PATENT DOCUMENTS                                              rebate or coupon system. Furthermore, the invention relates
       4,024,380  5/1977 Gunn                                       235/61.9         to the use of such a method and also to computerized tills
       4,109,238  8/1978 Creekmore                                   235/379         usable in the context of the method, to printed till receipts,
       4,649,481  3/1987 Takahashi                                   364/405         printed invoices, printed entry cards, product packages,
       4,750,119  6/1988 Cohen                                       364/401         product labels and product tags. Finally, the invention also
       4,752,675  6/1988 Zetmeir                                     235/375         relates to an apparatus for the production of the said product
       4,908,761  3/1990 Tai                                         364/401         packages, product labels and product tags. In the context of
       5,056,019 10/1991 Schultz                                     364/405
                                                                                     the invention products to be sold to customers, or records
       5,173,851 12/1992 Off                                         364/401
       5,200,889  4/1993 Mori                                        364/401         handed out to the customers on purchase of products or
       5,287,268  2/1994 McCarthy                                    364/405         services, are respectively provided with an individual code
       5,310,997  5/1994 Roach et al.                                235/383         and the code is transmitted by the customer, after purchase
       5,319,562  6/1994 Whitehouse                               364/464.03         of the product or of the service, together with data charac-
       5,353,218 10/1994 De Lapa                                     364/401         terizing the respective customer to a data collecting station
       5,367,148 11/1994 Storch et al.                               235/375         via a communication network, in particular via the Internet
       5,382,779  1/1995 Gupta                                       235/383         or via a telephone network, with the data collecting station
       5,408,077  4/1995 Campo et al.                                235/380         being laid out to at least store the data characterizing the
       5,467,269 11/1995 Flaten                                      364/401
                                                                                     respective customer.
       5,483,444  1/1996 Heintzeman                                  364/401
       5,537,314  7/1996 Kanter                                       705/14
       5,592,560  1/1997 Deaton                                      382/100                              3 Claims, 2 Drawing Sheets


                                    DATA COLLECTING STATION                                                PRODUCTION UNIT

                                    CUSTOMER          CODE
                                    AND POINT
                                    DATA BANK       GENERATOR

                                     CUSTOMER
                                       DATA         REFERENCE
                                                      MEMORY
                                       POINT                                    COMPUTERIZED TILL!        11
                                     ACCOUNTS         CODE
                                   DATA RELATED       DATA                                                13
                                   TO PURCHASING
                                       HABITS       ADDITIONAL
                                                      INFOR-
                                                      MATION                   12

                                                                                      CUSTOMER

                                                                                                                   14
                                                                                                     PC


                                                                                            7              '16
                                                    Fig.1
 JATA COLLECTING STATION                                                                 PROD CTION UNIT

 CUSTOMER          CODE
AND POINT        GENERATOR
DATA BANK

 CUSTOMER             1,
   DATA          REFERENCE
                              0",,,..........
                   MEMORY
    POINT                                       4    COMPUTERIZED TILL                  11
  ACCOUNTS         CODE
                                                                                                           000z'TZ %MAI




DATA RELATED       DATA                                       --.1                 -13
TO PURCHASING
    HABITS       ADDITIONAL
                   INFOR-
                                                                                                                          CASE 0:11-cv-00380-ADM -JSM Document 1-1




                   MATION                           12


                                                           CUSTOMER
                                                                                                           ZJoTlamIS




                                        18
                                      ./
                                                                     .40---1111.
                                                                                   PC


                                                                17                       16
                                                                                                                          Filed 02/15/11 Page 4 of 33
 CASE 0:11-cv-00380-ADM -JSM Document 1-1   Filed 02/15/11 Page 5 of 33



U.S. Patent          Mar. 21,2000      Sheet 2 of 2            6,039,244

                                 Fig. 2
                          20 a




                       Fig.3
   CASE 0:11-cv-00380-ADM -JSM Document 1-1                                      Filed 02/15/11 Page 6 of 33



                                                            6,039,244
                                1                                                                     2
     METHOD OF BUILDING UP A DATA BANK                                  transmission enables him to participate in a bonus program
     CONTAINING CUSTOMER DATA AND/OR                                   or in a competition.
     FOR THE ORGANIZATION OF A REBATE                                      The method of the invention can be realised in an
             OR COUPON SYSTEM                                          extremely economical manner because it is possible, without
                                                                    5 substantial technical cost or complexity, to provide the
           BACKGROUND OF THE INVENTION
                                                                       product packages for example, which must in any case be
   The invention relates to a method of building up a data             printed, with an additional code, or to apply a code to a
bank containing customer data and/or for the organisation of           record which must, in any event, be printed. Furthermore, in
a rebate or coupon system. Furthermore, the invention                  accordance with the invention, it is no longer necessary, in
relates to the use of such a method and also to computerised       10 comparison to customary competitions or rebate systems, to
tills usable in the context of the method, to printed till             send data or addresses via the postal route, since the transfer
receipts, printed invoices, printed entry cards, product               of the code and also of the data characterising the particular
packages, product labels and product tags. Finally, the                customer takes place via an electronic communication
invention also relates to an apparatus for manufacturing the           network, in particular via Internet or a telephone network.
said product packages, product labels and product tags.                This type of data transfer is associated with a substantially
                                                                   15 lower administrative cost and complexity for the receiver of
   It is desirable for those offering products and/or services,
in particular for the manufacturers of proprietary products,           the data and also with less cost and complexity for the
to make the sale of the product and/or services offered more           customer transmitting the data.
attractive, to achieve the greatest possible customer loyalty              The system of the invention can be used particularly
and finally also to be able to enter directly into contact with        advantageously when the data transmission is handled via
                                                                   20
the respective customer in order in this way to obtain                 the Internet. In this case, the customer can collect points or
knowledge of their purchasing behaviour. The latter in turn            "miles" in a unitary system when purchasing products or
makes it possible to adapt the particular marketing strategy           services of the most diverse offerees participating in the
being pursued as well as possible to the respectively pre-             system of the invention, independent of the offerees, through
vailing situation.                                                     the transmission of the respective code. These points or
                                                                   25
   In order to achieve the above named goals, complicated              miles can then be cashed in in different ways to the advan-
rebate systems are frequently offered in accordance with the           tage of the customer. Thus, it is for example conceivable to
prior art, or competitions are organised, with the high                operate "Internet shopping" with these points, to change the
organisational and technical administrative cost being dis-            collected points into e-cash, to purchase rights of use of
advantageous in each case.                                             specific Internet services with the collected points, or to
                                                                   30
                                                                       participate in exclusive competitions, with the entitlement to
             SUMMARY OF THE INVENTION                                  participate being bought by the cashing in of a specific
    The invention is based on the object of making available           number of the collected points.
 a system by means of which the manufacturers and offerees                 In addition to these advantages, which are clear to the
 of products and/or services have the opportunity, with little     35
                                                                       customer, the participation in the system of the invention is
 economic cost or complexity, of making the sale of their              also of great interest to those offering products and services,
products and/or services more attractive, of achieving the             in particular for those selling or offering proprietary articles,
 largest possible customer loyalty and, through knowledge of           because the granting of a specific number of points to a
 the customer-specific data, of entering directly into contact         purchased product or to a purchased service makes the
with customers and to flexibly select corresponding market-        40
                                                                       purchase of this product or of this service more attractive to
 ing strategies.                                                       the customer in comparison to those of competing offerees.
    In accordance with the invention this object is satisfied in       The offeree of products or services with which collectable
 that products to be sold to customers or records handed out           points are associated in the context of the system of the
to customers on the purchase of products or services are in            invention can thus count on increased sale of his products or
each case provided with an individual code and the code is         45
                                                                       services by participating in the system of the invention.
transmitted by the customer after the purchase of the product              When practising the method of the invention, the code
or the service, together with data characterising the respec-          handed out with the product or with the service serves to
tive customer, to a data collecting station via a communi-             show that the customer has actually purchased the relevant
cation network, in particular via Internet or a telephone              product or the relevant service, i.e. the customer shows
network, with the data collecting station being laid out to at     so through knowledge of the code that a corresponding pur-
least store the data characterising the respective customer.           chase has been made.
    Thus, in accordance with the invention, an individual                  In order to avoid misuse of the system of the invention, it
code, i.e. a code associated with a special purchase action is         is sensible to store the code before the purchase or of the
made accessible to the customer on making a purchase                   service and without the participation of the customer in the
which the customer, after making the purchase, transmits to        55 reference memory associated with the data collecting
a data collecting station via a communication network, in              station, to compare the code transmitted by the customer,
particular via Internet or via a telephone network. Together           after the transmission of the code by the customer to the data
with the code the customer also transmits data characteristic          collecting station, with the code previously stored in the
of himself, such as for example his postal address or his              reference memory and finally only to take account of those
Internet address. The last named data are then stored in the       60 transmitted codes which were already previously stored in
data collecting station when the data collecting station               the reference memory.
recognises that the code transmitted is a valid code. The way             The procedure explained above ensures that only those
in which this validity check can take place in detail will be          codes are taken into account as valid codes which have also
described in more detail in the following in the context of            actually been handed out to customers together with an
explaining preferred embodiments.                                  65 acquired product or service.
   The customer is motivated to transmit the code and the                 It is of particular advantage when additional information
data characteristic of himself by the fact that this data              relating to the product or to the service is stored in the data
    CASE 0:11-cv-00380-ADM -JSM Document 1-1                                        Filed 02/15/11 Page 7 of 33


                                                             6,039,244
                                                                                                        4
 collecting station, preferably in the reference memory, with            collection station. When various offerees generate codes,
 this information being respectively associated with the asso-           then it must be ensured that two offerees do not generate the
 ciated code and, for example, relating to the nature of the             same code. This can, for example, be achieved in that an
 product or of the service, to the place of production or the            invariable code identifying the particular offeree or the
 point of sale, to the time of production or the time of sale         5 particular random number generator is added to the code in
 and/or to the price of the product or of the service.                   addition to the random number generated.
     This additional information can either be contained in the              With the two above named alternatives it is ensured that
 code or it is stored, without the participation of the customer         codes handed out in connection with the products or services
 prior to the purchase of the product or of the service, in the          are already present in the reference memory of the data
 reference memory of the data collecting station, in particular      to collecting station at the time they are handed out so that a
 together with the associated code.                                      check can be made whether a code transmitted by a customer
     In the last named alternative it is of advantage that the           to the data collecting station is valid.
 additional information need not be contained in the code                    The code of the invention preferably consists of a
 itself, which ultimately means that it is possible to operate           sequence of numbers and/or a sequence of letters/numbers
 with shorter code lengths.                                          15 and/or of a bar code and/or of magnetically, optically or
    The storage of the additional information basically also             electronically stored data. It is particularly preferred when
 makes it possible to obtain additional information concern-             the code is made so that it is readable by a machine. This is
 ing the purchase behaviour of a particular customer.                    then advantageous if the customer, for example, operates a
    A further security against misuse of the method of the               PC connected to the Internet, with the PC being equipped
 invention can be realised if a code transmitted several times       20 with an apparatus for reading a machine-readable code. In
by one or more customers to the data collecting station is               this case, the data transfer can be made particularly simple
 only taken into account by the data collecting station when             for the customer. The possibility of misuse is also reduced
 first transmitted. Accordingly, through the transmission of a           through the use of a machine-readable code, in particular a
single code, the customer cannot simulate two or more                    bar code, because a code of this kind can only be decoded
                                                                     25 by means of a corresponding reading device. Thus, it can for
purchase transactions although actually only one purchase
was made.                                                                example by precluded that a code located on a product
    It is not absolutely essential for the correct carrying out of       package is noted by someone who does not purchase the
the method of the invention that all codes handed out in                 product at all who could then simulate the purchase of the
connection with products or services are fundamentally                   product by the transfer of the noted code.
                                                                     3
distinguished from one another. On the contrary, it is suffi-                Should the code not be applied to a product itself or to a
cient if those codes which are transmitted within a particular           product package, but rather records be used as a code carrier,
time interval to the data collecting station are distinguished           then it is sensible to use receipts printed out by computerised
from one another with at least a specific probability. It is,            tills for this purpose. In this way it is not necessary to
however, preferred if all the codes transmitted within a                 generate additional records for the realisation of the method
                                                                     35
particular time interval to the data collecting station are              of the invention, since the invoices which are in any case
distinguished from one another.                                          produced can simply be additionally provided with the code
    The above, named measure is particularly of relevance                of the invention.
when not only the customer's address but also his purchase                   In a modification of the method of the invention it is also
behaviour is to be determined, or when a rebate or coupon            40
                                                                         possible to transmit a code generated in the computerised till
system is to be established by means of the method of the                to the data collecting station directly from the computerised
invention in which, for example, one obtains some ldnd of                till together with data characterising the customer. The
award from a specific number of purchased products or                    customer must in this case only advise the till operator of the
collected points onwards.                                                data characterising him in a suitable manner. Further action
    It is of advantage when at least an element of the code          as on the part of the customer is then no longer necessary.
consists of a random number. It is preferred if a pseudo                     The code of the invention can naturally also be applied to
random number is used here, and the pseudo random number                 entry cards, telephone invoices sent by post and the like,
generator that is used must ensure that all the random                   apart from applying it to product packages or invoices
numbers generated within a specific time interval are dis-                   Furthermore, it is possible to form at least a part of the
tinguished from one another. Should a pseudo random                  so code to be transmitted by a commercially customary bar
number generator of this kind also actually generate a                   code price label. Information is in any event contained in
number which was generated at an earlier time within a                   these bar code price labels concerning the respectively
defined time interval, then this newly generated random                  acquired product, so that this data no longer has to be
number would be rejected and a new random number                         separately recorded in the code of the invention or trans-
generated which is distinguished from the random numbers                 mitted to the data collecting station. For example, it is
previously generated within the time interval.                           possible to transmit the code which is printed onto an
    The codes containing the random numbers can be cen-                  invoice printed out by a computerised till, and which for
trally generated, stored in the reference memory of the data             example brings about protection against misuse through a
collecting station and made available to the respective                  random number contained therein, in addition to the codes
offerees of products or services, so that these can hand out         60 which are printed on the bar code price labels.
the generated code to the particular customer in connection                  Another possibility or an additional possibility of pre-
with their product or their service.                                     cluding misuse of the method of the invention lies in
    In just the same way it is possible for the codes to be              arranging the code at a position of a product package or a
generated by the offerees of the products or of the services             product label which is not visible and/or not accessible from
themselves, for example by means of a suitable random                65 the outside, in particular by printing it thereon, by punching
number generator, and then communicated to a central                     it therein or by adhering it thereto. In this manner, a situation
position, in particular to the reference memory of the data              is avoided in which a customer with free access to product
    CASE 0:11-cv-00380-ADM -JSM Document 1-1                                       Filed 02/15/11 Page 8 of 33



                                                              6,039,244
                                 5                                                                      6
  packages exhibited in a multiple store notes the code present            customer divulges the desired data and a code number or a
  on the product package and transmits it to the data collecting           characteristic code is given to the customer by the call
  station without having purchased the product. In the last                centre. The call centre then brings about the storage of the
  named case, only the customer who has actually purchased                customer-specific data and also of the code number or
  the product and opened the package can see the code to be           5 characteristic code.
  transmitted, so that misuse is precluded.                                  When the customer subsequently makes contact an auto-
     As a result of the information obtained on the purchasing            matic message then asks the customer whether he already
  behaviour of the customer a situation can for example be                has a code number or not. The customer can then answer this
  achieved in which customers can be individually wooed,                  question by means of a keyboard input, whereupon he is
                                                                       0 either switched through to the call centre—on first making
  with the advertising being in each case specifically matched
                                                                          contact—or an automated process takes place at the data
  to the purchasing behaviour that has been established.
                                                                          collecting station in the case of a further contact. In the
     In order to enable more targeted advertising, customer-              context of this automated process the customer is asked, by
 specific data such as for example the name, the postal                   means of a message, to feed in the code associated with the
  address, the telephone number, the age, the sex and/or the              product or service via the telephone keyboard after he has
 profession of the customer can be stored in the data collect-       15 identified himself by means of his code number or charac-
 ing station. In particular, it is sensible to store the network          teristic code which is likewise fed in via the telephone
 address, and in particular the Internet address of the cus-              keyboard.
 tomer in the data collecting station, since then the automatic              In the described manner, all further contacts after the first
 transmission of advertising messages via the network or via              contact has been made can take place fully automatically at
 the Internet is possible, which is advantageously associated        20
                                                                          the data collecting station side without human assistance,
 with significantly lower cost than the transmission of adver-            which offers a considerable economic advantage.
 tising messages by post.                                                    An advantageous use of the method of the invention is
     For specific applications it can also be interesting to store        that a customer, after he has made a certain number of
 in the data collecting station the time of the data transmis-            purchases which correspond to a particular value, or after he
                                                                     25
 sion by the customer to the data collecting station. If, for             has collected a certain number of points, receives an imme-
 example, the time of manufacture of a product which is also              diate reward via the communication network, in particular
 contained in the code is transmitted, then in this way a                 via the Internet. This reward can, for example, take the form
 determination can be made, at least with a certain                       of a credit of a certain amount of money (e-cash), or can take
 probability, as to the amount of time which elapses between              place by granting certain Internet shopping rights or by
                                                                     30
 the manufacture and the sale of a product.                               granting user rights which can be exploited via the Internet.
     If a situation is to be achieved with the system of the                 It is in particular also possible to give the customer access
 invention in which a frequently repeating contact to the                 rights to a predetermined Internet address, in particular a
 customer is to be established over a longer period of time,              free line to a chat room as a reward in dependence on
 i.e. that the customer, in particular in connection with a          35 specific data stored in the data collecting station with respect
 rebate or coupon system, makes contact several times with                to a customer. In this manner only those Internet participants
 the data collecting station—always after the purchase of a               can, for example, obtain access to specific chat rooms who
product or of a service—then the system of the invention can              have purchased a specific quantity of proprietary articles
be realised particularly economically in the manner which                 within a specific period of time.
will subsequently be described.                                              A targeted and individual wooing of a customer is par-
                                                                     40
    Customer-specific data, in particular the name, postal                ticularly economically practicable in the context of the
address and/or the network address, are only stored when a                method of the invention, in particular when contact is
customer first makes contact with the data collecting station,            automatically established with the customer via a commu-
whereupon a code number or a characteristic code is asso-                 nication network, in particular via the Internet, in depen-
ciated with the customer when contact is first made. This is         45 dence on specific data stored with respect to a customer in
in particular possible when the communication between the                 the data collecting station. The selection of the respective
customer and the data collecting station takes place via a                advertising message can then take place preferably in depen-
telephone network.                                                        dence on the stored data, so that individual advertising
    The allotting of the code number or of a characteristic               messages adapted for example to the specific purchasing
code also ensures, in an advantageous manner, that the               so behaviour of the respective customer are transmitted. In just
customer can be identified by means of the code number or                 the same way it is naturally possible to correspondingly and
the characteristic code in all further contacts which take                differentially woo customers of different age groups or
place after the first contact, so that for these further contacts         different sexes.
no customer-specific data need any longer be transmitted,                    In the context of the invention protection is also claimed
but rather it is only necessary to transmit the code number          55 for apparatus for manufacturing product packages, product
or the characteristic code and the code associated with the               labels and/or product tags usable in the context of the
respectively purchased product or service. The last named                 method of the invention, with the apparatus having a unit for
transmission can take place fully automatically, at least at              marking the product packages, product labels and/or product
the data collecting station side.                                         tags with a code. A pseudo random number generator of the
    This embodiment of the method of the invention is                60 above described kind which is suitable for generating the
particularly preferably usable when the data transmission                 code of the invention can additionally be integrated into this
takes place via a telephone network since in this case the                apparatus. Furthermore, the apparatus can have a device by
customer-specific data can be found on first making contact,              means of which the code generated in the apparatus can be
for example via a call centre, whereupon all further customer             transmitted to the data collecting station, in particular to its
contacts can then be dealt with fully automatically. In this         ss reference memory.
case the call centre then conducts a conversation with the                   The device for effecting the marking is preferably
customer when contact is first made during which the                      designed so that the code can be applied to a position of the
    CASE 0:11-cv-00380-ADM -JSM Document 1-1                                      Filed 02/15/11 Page 9 of 33


                                                            6,039,244
                                7                                                                    8
 finished product package which is not visible from the                   FIG. 1 a diagrammatic representation of the principle of
 outside, in particular to the rear side of an already printed or       cooperation of individual components for the realisation of
 yet to be printed package section.                                     the method of the invention,
    In the context of the invention protection is also claimed            FIG. 2 a product package in accordance with the
 for a computerised till which has a unit for generating or for     5   invention, and
 receiving a code in accordance with the invention and a
 printing mechanism for printing this code onto a receipt.                FIG. 3 a receipt printed in accordance with the invention.
    The computerised till can furthermore be equipped with a               DETAILED DESCRIPTION OF THE DRAWINGS
 random number generator to generate at least an element of
 a code of the invention. It is of advantage here when a device
                                                          io      FIG. 1 shows a data collection station 1 which is equipped
 is provided to avoid the generation of two identical codes   with a code generator 2, with a customer and point data bank
 within a specific time interval.                             3 and also with a reference memory 4. The cooperation of
    It is likewise preferred when the computerised till has a these components 2, 3, 4 is controlled by a control unit 5.
 connection for a communication network, in particular an        When appropriately energised by the control unit 5, the
 Internet connection, by which the generated or printed   15 code generator 2 generates a packet of codes which differ
 codes, and/or an additional information generated by the     from one another. An additional information, for example a
 computerised till, can be transmitted to the data collecting product specification and a product price, is in each case
station. If the codes are not generated in the computerised   associated with the generated codes via the control unit 5,
 till, it is also possible, via the said connection for the   for example by manual input. This information is then stored
communication network, to transfer codes which are gen-   20 together with the generated code in mutually associated
erated at a central position, in particular in the data collect-
                                                              form in the reference memory 4. The reference memory 4
 ing station, from the central position to the computerised till,
                                                              thus consists essentially of a table in which a product
where these codes are then printed onto the receipts.         specification and a product price is associated with each
    A connection of this kind for a communication network is  code.
in particular significant when a comparison is to be made in
                                                          25     The codes generated by the code generator 2 are trans-
the data collecting station, in the manner already described  mitted packet-wise—without the said additional
above, of the code which is either generated by the com-      information—via an Internet connection 6 to a production
puterised till or by a central position with the code trans-  unit 7 in which product packages are manufactured and
mitted by the customer, in order to preclude the possibility  filled.
of misuse in this way.                                    30     This production unit 7 has an apparatus 8 in which
    It is particularly advantageous when a device is containedpackage sections are generated. These package sections then
in the computerised till which makes it possible for the code pass to a unit 9 which is designed to receive the code
generated to be transmitted only package-wise, in particular  transmitted by the code generator 2. The codes received by
at predeterniined times or in predetermined time intervals, inthe unit 9 are printed onto the package sections by a printing
order to minimise the connection costs which arise in this35 mechanism which is likewise contained in the unit 9. The
way.                                                          printing mechanism is arranged so that the code is ultimately
    In the Caftext of the invention protection is also claimedplaced at a position of the finished product package which is
for printeetill receipts, printed invoices or printed entry   not visible from the outside.
cards for uSCin the method of the invention, with a code in       In the context of the printing process it is ensured that an
accordance with the invention being applied to the above  40
                                                              individual code is printed onto each package section, i.e.
named articles, and indeed in addition to the customary       within a defined period of time, for example within one or
particulars, such as price, date, point of sale, product speci-
                                                              two years, no two package sections are produced which have
fication and the like. The code can for example be printed    the same code.
thereon, punched therein, adhered thereto or accompany the
                                                                  The package sections which are printed in the named
articles in some other manner.                            45
                                                              manner now pass into a packaging unit 10 in which the
    In the context of the invention, protection is also claimed
                                                              product packages are finished and filled.
for product packages, product labels and/or product tags in
                                                                  Starting from the code generator 2, packets of codes are
which the code of the invention is arranged at a position
                                                              transmitted from the code generator 2 via the Internet
which is not visible and/or not accessible on a filled and
closed product package.
                                                          so connection 6 not only to the production unit 7, but rather also
                                                              to a computerised till U.
    Finally, protection is claimed in the context of the inven-
tion for a method for building up a data bank containing          The computerised till 11 has a unit 12 for receiving codes
customer data and/or of organising a rebate or coupon         or code packets transmitted via the Internet connection 6.
system in which products to be sold to customers or records   The received codes are then printed by a printing mechanism
                                                          55 13 onto till receipts which are to be printed out by the
handed out to customers on the purchase of products or
services are each provided with a code and the customer is    computerised till 11, with it being ensured that an individual
motivated to subsequently transmit the code together with     code is associated with each till receipt, i.e. no two identical
data characterising the respective customer to a data col-    codes are printed onto different till receipts, at least within
lecting station via a communication network, in particular    a specific period of time.
                                                          60
via a telephone network or via Internet. This method can be       The control 5 contained in the data collecting station 1
further developed in accordance with the above described      controls the code generator 2 in such a way that it is ensured
examples.                                                     that the production unit 7 for manufacturing product pack-
                                                              ages and the computerised till 11 respectively receive dif-
      BRIEF DESCRIPTION OF THE DRAWINGS                       fering codes, so that no code exists which is simultaneously
  The preferred embodiment of the method of the invention 65 applied to a product package and to a receipt. On integration
will be described in the following with reference to the      of a plurality of production units 7 and/or a plurality of
drawings in which are shown:                                  computerised tills 11 into the method of the invention the
   CASE 0:11-cv-00380-ADM -JSM Document 1-1                                    Filed 02/15/11 Page 10 of 33



                                                           6,039,244
                               9                                                                   10
control unit 5 accordingly ensures that codes which are                  Accordingly, the point account of the customer 14 grows
always different are always transmitted to all attached units         with each valid code transmitted by the customer 14 to the
7, 11—at least within specific time intervals.                        data collecting station 1 and additional data concerning his
   A customer 14 acquires, via customary distribution paths,          purchase behaviour is stored in the customer and point data
products which are provided on the inner side with codes           5 bank 3. This data can be utilised in the initially likewise
which have been applied by the unit 9. Furthermore, receipts          described manner by the offeree of the products or services
                                                                      purchased by the customer 14, in particular for the adapta-
printed out by the computerised till 11 are handed out to the
                                                                      tion of the respective marketing strategy or for the trans-
customer 14 in the context of the purchase of specific
                                                                      mission of advertising messages.
products or services and these receipts are provided with a
                                                                  to     It is of advantage when the data collecting station 1 can
code printed by the unit 13.
                                                                      determine with reference to the code transmitted by the
   The customer 14 thus obtains knowledge in the described            customer 14, or with reference to the additional information
manner of codes which were previously generated by the                stored in the reference memory 4 with respect to this code,
code generator 2 and were transmitted either to the produc-           from which product offeree or service offeree the customer
tion unit 7 or to the computerised till 11.                           14 obtained knowledge of the respective code. In this case,
   The customer 14 transmits the codes which have been            15 for example on establishing an Internet connection between
brought to his attention to the data collecting station 1 by          the customer 14 and the data collecting station 1, an adver-
means of his PC 16 and the Internet interface 17 attached             tisement relating to the respective offeree can be blended in
thereto. In doing so, the customer 14 first feeds in data             or a switch can be made to the home page of the respective
characterising himself in order to identify himself to the data       offeree. Through the last named measure, the offeree can
                                                                  2
collecting station 1. This leads, on a first contact, to a new        enter into direct interactive contact with the customer 14.
data set being laid on in the data collecting station 1 for the          When the customer 14 wishes to learn the state of his
customer 14 in the customer and point data bank 3. On a               point account, or to trade in the collected points against a
second or further contact, the customer simply identifies             reward, then he can enter into contact with the data collect-
himself with reference to a code number allotted in the               ing station 1 via the Internet connection 19 and trigger the
                                                                  25
context of the first contact.                                         desired actions.
   With future technologies it is also conceivable that the              In the context of the above described method codes are
code will be transmitted on purchase of the product direct by         transmitted by the code generator 2 to the computerised till
wireless or by wire from a cornputerisea till 11 into a mobile        11. It is preferable when codes of different value are trans-
customer PC from which the further transmission to the data       30
                                                                      mitted here, i.e. codes which correspond to different point
collecting station 1 then takes place. In this case the code          values and for these codes to be applied to the receipts to be
input which is to be effected by the customer can then be             printed in dependence on the amount of the purchase that is
spared.                                                               made. In this way a situation can be achieved in which for
   In accordance with the above named identification of the           a purchase with a high value a higher number of points can
customer 14 a check is made in the data collecting station 1      35
                                                                      also be collected. Attention must naturally be paid in this
at 18 whether the code transmitted is a valid code. For this          respect to ensuring that a sufficient supply of codes of
purpose, the transmitted code is compared with the codes              different value is always stored in the computerised till 11.
stored in the reference memory 4. If the transmitted code is             On transmission of the codes from the code generator 2 to
present in the reference memory 4, then this is a valid code.         the computerised till 11 the transmitted codes are simulta-
Otherwise the code is invalid.                                    40 neously stored in the reference memory 4 together with an
                                                                      identification of the computerised till 11, so that a determi-
   If now a valid code transmission from the customer 14 to
                                                                      nation can be made in the data collecting station 1, on
the data collecting station 1 is determined, then the customer
                                                                      transmission of the code from the customer 14 to the data
and point-data bank 3 is correspondingly actualised, i.e. the
                                                                      collection station 1, regarding the computerised till 11 at
point account of the customer 14 is increased.
   The additional information associated with the transmit-       45 which the customer 14 made his purchase. Prior to trans-
                                                                      mission of the code from the customer 14 to the data
ted code and stored in the data collecting station 1 before the
                                                                      collecting station 1 the code of the computerised till 11
code transmission are in particular transferred from the              represents an additional information stored in the reference
reference memory 4 into the customer and point data bank              memory 4.
3 and associated with the respective customer 14. This data
                                                                  so     As an alternative to the described method it is also
then gives information concerning the purchasing behaviour
                                                                      possible to generate the codes in the production unit 7 and/or
of the customer 14.
                                                                      in the computerised till 11 itself and to transmit the gener-
   Furthermore, the value of the transmitted code is checked,         ated codes via an Internet connection to the reference
whereupon a corresponding number of points is credited to             memory 4 of the data collecting station 1. At the same time
the customer 14, to his point account present in the customer     55 as this code transmission the respective additional informa-
and point data bank 3.                                                tion is then also transmitted from the units 7, U.
   After a code transmitted by the customer 14 has been                  The last named alternative is in particular of advantage
recognised as valid, this code is cancelled in the reference          with respect to the computerised till 11 since on printing a
memory 4 to avoid the code being recognised a second time             receipt handed out to the customer 14 the computerised till
as a valid code should the customer, for example, send the        60 knows what type of products the customer 14 has purchased
same code to the data collecting station 1 again.                     and which prices are respectively associated with these
   This procedure can be repeated by the customer 14 with             products. Furthermore, the computerised till 11 has knowl-
each new code which is made accessible to him via product             edge concerning the date of the purchase that is made.
packages or till receipts. In this manner, points can be                 All this additional information can be transmitted from
collected by the customer 14 which he can then cash in in the     ss the computerised till 11 to the reference memory 4 for the
initially described manner for a correspondingly devised              purpose of later evaluation in the customer and point data
reward.                                                               bank 3.
   CASE 0:11-cv-00380-ADM -JSM Document 1-1                                      Filed 02/15/11 Page 11 of 33


                                                           6,039,244
                              11                                                                      12
    With this method it is necessary for an element of the code              product so that the code remains invisible to the cus-
generated in the units 7, 11 to represent an individual and                  tomer until after the customer purchased the product;
unchanging code for the units 7, 11 in order to ensure in this            establishing a central data processing and retention having
way that non-identical codes are generated in different units                an Internet connection;
7, 11. Furthermore, a random number generator must be             5
present in the units 7, 11 which is programmed so that at                 causing the customer to contact the station via the Internet
least codes generated within a specific time period are                      and to transmit the code and data identifying a char-
different from one another.                                                  acteristic of the customer to the processing station;
    FIG. 2 shows a product package 21 which can be used in                at the processing station assigning a digitally accessible
the context of the method of the invention.                       10         account to the customer;
    A code 22 is printed onto the inner side of the cover part            digitally receiving the code and the data transmitted by
20a of the product package 21 and is not visible when the                    the customer and without human intervention directing
package 21 is closed.                                                        at least the data transmitted by the customer via the
    FIG. 3 shows a record 23 which can be used in the context                Internet to the account;
                                                                  1
of the method of the invention which, in addition to the                  in the account, storing a value assigned to the product or
customarily printed data 24 also has a code 25 in accordance                 service;
with the invention. In contrast to the product package 21 in              repeating the steps of giving, transmitting the code via the
accordance with FIG. 2, the code 25 does not have to be                      Internet to the processing station, and digitally receiv-
hidden on the record 23, because the record is in any event       20         ing and storing; and
only handed out to the customer who has made the corre-                   permitting the customer via the Internet and without
sponding purchase. A misuse is thus not possible.                            further human intervention to redeem accumulated
    I claim:                                                                 values in the account and apply the redeemed accumu-
    1. A method for motivating a customer to purchase a                      lated values to at least one of a plurality of uses selected
product or a service and for rewarding the customer for           25         by the customer.
repeat purchases thereof, the method comprising the steps                 2. A method according to claim 1 wherein the evidence is
of:                                                                    a receipt and including providing the customer with the
    applying a unique code to evidence of the purchase of the          receipt.
       product or service;                                                3. A method according to claim 1 including the step of
    giving a customer access to the evidence including the        30   accessing the account at the station via the Internet and
       code thereon after the customer has completed the               providing an account status update.
       purchase, wherein the evidence is part of the product,
       and including the step of applying the code to the
CASE 0:11-cv-00380-ADM -JSM Document 1-1                                                  Filed 02/15/11 Page 12 of 33
                                                                        111110111111011 11101111111111111 1111 0101111 11 11111101 1 1
                                                                                                   US006039244C1

    EX PARTE REEXAMINATION CERTIFICATE (5439th)
       (12)
United States Patent     (10) Number: US 6,039,244 Cl
Finsterwald                                                                     (45)    Certificate Issued:                  Jul. 4, 2006

(54) METHOD OF BUILDING UP A DATA BANK                                            5,310,997 A        5/1994 Roach et al.
      CONTAINING CUSTOMER DATA AND/OR                                             5,319,562 A        6/1994 Whitehouse
      FOR THE ORGANIZATION OF A REBATE                                            5,353,218 A       10/1994 De Lapa et al.
      OR COUPON SYSTEM                                                            5,367,148 A       11/1994 Storch et al.
                                                                                  5,382,779 A        1/1995 Gupta
(75) Inventor: Martin Finsterwald, Munich (DE)                                                        (Continued)
(73) Assignee: Carlson Marketing Group, Inc.,                                            FOREIGN PATENT DOCUMENTS
                Plymouth, MN (US)                                          AU                 724093           5/1998
                                                                           CA                2267388           4/1998
Reexamination Request:                                                     DE                3723189 Al        2/1988
     No. 90/006,761, Aug. 25, 2003                                         DE               69018007 T2       10/1995
Reexamination Certificate for:                                                                        (Continued)
     Patent No.:     6,039,244
     Issued:         Mar. 21, 2000                                                               OTHER PUBLICATIONS
     Appl. No.:      08/783,372                                            Kumar, Manoj et al., "Sales Promotion on the Internet",
     Filed:          Jan. 13, 1997                                         {mkumar, anand, anant, rakesh}@watson.ibm.com , IBM
(30)          Foreign Application Priority Data                            Research Division, T.J. Watson Research Center, Yorktown
                                                                           Heights, NY
   Oct. 4, 1996 (DE)                                       196 41 092
   Jan. 2, 1997 (EP)                                  PCT/EP97/00005                                  (Continued)
(51) Int. Cl.                                                              Primary Examiner—Karl         D. Frech
        GO6K 7/10             (2006.01)
                                                                           (57)                      ABSTRACT
(52) U.S. Cl.                   235/375; 235/383; 235/468                  The invention relates to a method of building up a data bank
(58) Field of Classification Search                235/375,                containing customer data and/or for the organization of a
                                  235/383, 468; 705/14, 26                 rebate or coupon system. Furthermore, the invention relates
      See application file for complete search history.                    to the use of such a method and also to computerized tills
                                                                           usable in the context of the method, to printed till receipts,
(56)                 References Cited                                      printed invoices, printed entry cards, product packages,
                U.S. PATENT DOCUMENTS                                      product labels and product tags. Finally, the invention also
                                                                           relates to an apparatus for the production of the said product
       4,024,380 A     5/1977 Gum                                          packages, product labels and product tags. In the context of
       4,109,238 A     8/1978 Creekmore                                    the invention products to be sold to customers, or records
       4,649,481 A     3/1987 Takahashi                                    handed out to the customers on purchase of products or
       4,750,119 A     6/1988 Cohen et al.                                 services, are respectively provided with an individual code
       4,752,675 A     6/1988 Zetmeir
       4,908,761 A     3/1990 Tai
                                                                           and the code is transmitted by the customer, after purchase
       4,992,940 A     2/1991 Dworkin                                      of the product or of the service, together with data charac-
       5,025,372 A     6/1991 Burton et al.                                terizing the respective customer to a data collecting station
       5,056,019 A    10/1991 Schultz et al.                               via a communication network, in particular via the Internet
       5,173,851 A    12/1992 Off et al.                                   or via a telephone network, with the data collecting station
       5,200,889 A     4/1993 Mofi                                         being laid out to at least store the data characterizing the
       5,287,268 A     2/1994 McCarthy                                     respective customer.


                                   DATA CCA Et IND STAT OS

                                   CUTTCRIER            COM
                                   AND POINT          GENERATOR
                                   DATA RAM
                                   CUSTCPER
                                     DATA             REFIRME
                                                        WRAY
                                     POW
                                    ACCORD
                                  DA A MATED            n'A
                                  10 PIAIGUSNG
                                      HANTS           ADOGANA1
                                                       NOR-
                                               - -E    SATOH




                                                                                            14
                                                                                   PC
CASE 0:11-cv-00380-ADM -JSM Document 1-1                                     Filed 02/15/11 Page 13 of 33



                                                 US 6,039,244 Cl
                                                       Page 2


              U.S. PATENT DOCUMENTS                         "Pepsi–Cola News (Mar. 27, 1996)", http://www.pepsico-
     5,408,077 A    4/1995 Campo et al.
                                                            .com/web_pages/pcnewsl
     5,467,269 A   11/1995 Flaten                           "Coupon Clippers are Logging on for Savings at Ann Arbor
     5,483,444 A     1/1996 Heintzeman et al.               website", http://detnews.com/menu/stories/39326 html
     5,537,314 A    7/1996 Kanter                           Rapport d'activité 1996, Published by Groupe High Co.,
     5,592,560 A     1/1997 Deaton et al.
     5,602,377 A
                                                            (1996), 1 11.
                                                                     -
                    2/1997 Beller et al.
     5,665,951 A    9/1997 Newman et al.                    "Offres de Remboursement Simple Comme un Coup de
     5,665,953 A    9/1997 Mazzamuto et al.                 fir, Extrait du Magazine Points de Vente, (Jan., 1996), 1
     5,689,100 A   11/1997 Carrithers et al.                Pages.
     5,708,780 A     1/1998 Levergood et al.
     5,710,886 A
                                                            Belanger, J. M., "Paribas Capital Markets/Courcoux Bou-
                                                                         —                                      —
                     1/1998 Christensen et al.
     5,710,887 A    1/1998 Chelliah               705/26
                                                            vet Analysis of High Co.", Published by European Equity
                                                                —



     5,715,314 A    2/1998 Payne et al.                     Research,(Mar. 27, 1996),50 Pages.
     5,727,163 A    3/1998 Bezos                            Deighton, J., et al., "Chapter 3—Consumer Transaction
     5,729,693 A    3/1998 Holda - Fleck                    Databases: Present Status and Prospects", In: The Marketing
     5,761,648 A    6/1998 Golden et al.                    Information Revolution, Edited by Robert C. Blattberg,
     5,765,141 A    6/1998 Spector                          Harvard Business School Press,(1994),58-79.
     5,774,870 A    6/1998 Storey
     5,791,991 A    8/1998 Small                            Ing, D. , et al., "Chapter 2—Point–of–Sale Data in Con-
     5,794,210 A    8/1998 Golclhaber et al.                sumer Goods Marketing: Transforming the Art of Marketing
     5,806,043 A    9/1998 Toader                           into the Science of Marketing", In: The Marketing Informa-
     5,806,044 A    9/1998 Powell                           don Revolution, Edited by Robert C. Blattberg, et al.,
     5,806,045 A    9/1998 Biorge et al.                    Harvard Business School Press,(1994),30-57.
     5,809,144 A    9/1998 Sirbu et al.
     5,855,007 A   12/1998 Jovicic et al.                   Katahira, H. , et al., "Chapter 14 Marketing Information
                                                                                             —


     5,892,827 A    4/1999 Beach et al.                     Technologies in Japan", In: The Marketing Revolution,
     5,918,211 A    6/1999 Sloane                 705/16    Edited by Robert C. Blattberg, et al., Harvard Business
     5,937,391 A    8/1999 Ikeda et al.           705/14    School Press,(1994),306 327.
                                                                                    -

     5,956,695 A    9/1999 Carrithers et al.      705/14    Masing, W., "42. Datenflussaus dem Feld", Handbuch der
     5,983,196 A   11/1999 Wendkos                          Qualitdtssicherung, Carl Hanser Verlag, MUnchen, Wien,
     6,009,411 A   12/1999 Kepecs
     6,009,412 A   12/1999 Storey                           (1980),709 726.
                                                                         -



     6,014,634 A    1/2000 Scroggie et al.                  Peppers, D. , et al., "Chapter 4—Differentiate Customers,
    6,047,269 A     4/2000 Biffar                 705/39    Not Just Products", In: The One–to–One Future—Building
    6,144,848 A * 11/2000 Walsh et al.           455/419   Relationships One Customer at a Time,         Published by
    6,237,145 B1    5/2001 Narasimhan et al.      725/23   Doubleday (First Edition, 1993),95-138.
 2002/0082918 Al    6/2002 Warwick
 2004/0144839 Al    7/2004 Warwick                         Peppers, D. , et al., "Chapter 7—Engage Your Customers in
                                                           Dialogue", In: The One–to–One Future—Building Relat ion-
           FOREIGN PATENT DOCUMENTS                        ships One Customer at a Time, Published by Doubleday
DE            19641092 Al    4/1998
                                                           (First Edition, 1993),209-266.
EP              0354260 Al   2/1990                        Yamada, K. , "Developers Eye Online Registration
EP             0377515 A2    7/1990                        Options—Concerns about privacy, competition spur contro-
EP             0929874       6/2001                        versy", Computer Reseller News, (Jun. 5, 1995), 2 Pages.
WO        WO - 95/34857 Al 12/1995
WO        WO-98/15907 Al     4/1998                        Wendkos Provisional Application filed on Dec. 19, 1995,
WO       WO-021061524 A2     8/2002                        Ser. No. 60/008,873.
                                                           Peppers and Rogers, "The One to One Future"; Doubleday
                OTHER PUBLICATIONS                         1993.
Neuborne, Ellen, "Pepsi's Aim Is True", Business Week      The Trail Guide to Prodigy; Addison–Wesley 1995.
E.Biz; Special Report; Online Advertising; No. 3716, p.
EB52, Jan. 22, 2001.                                        * cited by examiner
CASE 0:11-cv-00380-ADM -JSM Document 1-1             Filed 02/15/11 Page 14 of 33



                             US 6,039,244 Cl
                1                                                 2
            EX PARTE                  AS A RESULT OF REEXAMINATION, IT HAS BEEN
  REEXAMINATION CERTIFICATE             DETERMINED THAT:
    ISSUED UNDER 35 U.S.C. 307          The patentability of claims 1-3 is confirmed.
                                          5
   NO AMENDMENTS HAVE BEEN MADE TO
             THE PATENT                                    * * * * *
CASE 0:11-cv-00380-ADM -JSM Document 1-1   Filed 02/15/11 Page 15 of 33




                    EXHIBIT B
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                    Filed 02/15/11 Page 16 of 33 Page 1 of 6
                                                                                                 VIEW THE PRIVACY POLICY



                              FX 1ra
                         MILLER HIGH LIFE EXTRAS SM
                             LOYALTY PROGRAM
                           TERMS AND CONDITIONS

  PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY
  IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
  AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO
  YOU IF YOU REGISTER FOR THIS PROGRAM.

  BY REGISTERING FOR THE MILLER HIGH LIFE EXTRAS LOYALTY
  PROGRAM (THE "LOYALTY PROGRAM"), BY REVIEWING THESE TERMS
  AND CONDITIONS AND CLICKING "I AGREE," YOU AGREE TO THE
  FOLLOWING TERMS AND CONDITIONS GOVERNING THE MILLER HIGH
  LIFE LOYALTY PROGRAM. YOU ACKNOWLEDGE AND AGREE TO BE
  BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED
  HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER
  FOR THE LOYALTY PROGRAM. REWARDS POINTS MAY BE REDEEMED
  FOR MERCHANDISE ONLY AVAILABLE FROM MILLERCOORS, LLC.
  MILLERCOORS RESERVES THE RIGHT TO MODIFY OR TERMINATE THE
  LOYALTY PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR
  IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY
  AFFECT THE REDEMPTION VALUE OF THE REWARDS POINTS ALREADY
  ACCUMULATED OR THE AVAILABILITY OF REDEEMABLE
  MERCHANDISE. YOU AGREE THAT YOU WILL REVIEW THESE TERMS
  PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS
  AND ANY MODIFICATIONS HEREOF.

       1.   Eligibility. Membership in the Loyalty Program is only open to
            individuals who are legal residents of the United States (excluding
            residents of AR, CT, HI, IN, KY, NJ, VA and WV), who are at least
            twenty one (21) years of age as of the date of enrollment. The
            Loyalty Program is void in AR, CT, HI, IN, KY, NJ, VA and WV and
            where prohibited. Corporations or other entities or organizations of
            any kind are not eligible for the Loyalty Program. Employees of
            MillerCoors LLC, Miller Brewing Company, SABMiller plc., their
            representatives, affiliates, subsidiaries, advertising and promotion
            agencies, distributors, alcohol beverage retailers, suppliers involved
            in this Loyalty Program and the immediate family members and/or
            those living in the same household of each are not eligible.

       2.   Privacy. Please review our Privacy Policy here which governs the
            Loyalty Program to understand our practices in connection with the
            use and protection of your personal information.

       3.   Your Rewards Account. To become a member in the Loyalty
            Program and set up your rewards account ("Rewards Account"), you
            must register at www.millerhighlife.com . To register at
            www.millerhighlife.com , you must use a computer with internet
            access to access the website and then you must enter your date of
            birth, your first name, last name, e-mail address, password, street
            address (P.O.Boxes will not be accepted) and if required, apt., floor,
            unit etc., city, state and zip code. While registering, you must accept
            the Loyalty Program terms and conditions, after which registration is
            complete. Only the individual named as the primary account holder
            will accrue points and will be entitled to access Rewards Account
            information.

       4.   Rewards Points. Beginning 12:00:01 a.m. EST 3/3/08 and ending
            11:50:50 p.m. EST. on 12/31/11, members will receive Rewards
            Points by entering codes from specially-marked packages of Miller


http://millerhighlife.promo.eprize.com/extras/display page?page=rules                                                2/11/2011
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           High Life products according to the following chart (Points Per
           Package Chart").

                             POINTS PER PACKAGE CHART


                 Product: Miller High Life                 Points Per Code
                       12 pack bottle                              120
                        12 pack can                                120
                        24 pack can                                240
                        30 pack can                                300



              Product: Miller High Life Light              Points Per Code
                       12 pack bottle                              120
                        30 pack can                                300


           Codes may only be redeemed once. A limit of ten (10) codes per
           day will be allowed to be redeemed. We suggest you retain your
           original unique code numbers for your records. A summary of a
           member's Rewards Account may be viewed at
           www.millerhighlife.com . MillerCoors will attempt to credit members'
           accounts with Rewards Points on a timely basis. However, each
           member shall have the responsibility of ensuring that his or her
           points are properly credited. Any claim for Rewards Points not
           credited accurately must be received by MillerCoors by
           11:50:50 p.m. EST on 12/21/11; otherwise such Rewards Points
           shall no longer be valid or usable. The Loyalty Program and all
           Rewards Points expire no later than 11:50:50 p.m. EST. on
           12/31/11. A Rewards Account which has had no activity for a period
           of one-hundred twenty (120) days will be deemed to be an "inactive"
           account and any Rewards Points accumulated in an inactive
           Rewards Account will be forfeited without compensation and shall no
           longer be valid or usable. Activity on a Rewards Account includes
           either redemption of a code for a Rewards Points or redeeming
           Rewards Points.

          NO BEER PURCHASE NECESSARY in AL, CA, DE, MD, MA, ME,
          MN, MO, MS, NC, ND, OH, OK, OR, SD, UT, TX, VT, and WY to
          participate. Residents of these states may obtain a code worth 300
          points without purchase by picking up a tear pad at participating
          retail locations and following the directions. Participants in these
          states may also go to www.millerhighlife.com , and after completing
          the age verification and creating an account, click on the About the
          Program link for instructions on how to request a no purchase
          necessary code. Print the form that includes a barcode, and mail to
          the address listed on the form. Your code will be sent via email.

          Limit one (1) request per outer postmarked envelope and limit two
          (2) requests for codes per week. All requests for free codes must be
          postmarked by 12/17/11 and received by 12/24/11. Sponsor is not
          responsible for lost, late, incomplete, invalid, unintelligible, illegible,
          misdirected or postage-due requests or mail.

          Bonus Points: At various times during the Loyalty Program,
          Sponsor will declare "Bonus Points" periods during which the
          number of points earned from purchases or other methods will
          increase (e.g. double, triple, etc.). The Website will indicate when
          there is an active Bonus Points period in effect. Enrollees who enter
          codes to credit their Accounts during Bonus Points periods will earn
          the corresponding increase in the number of points as set forth on
          the Website. Bonus Points will be valid provided requests are
          postmarked and received as listed on the Website. No Purchase
          necessary states will also receive the Bonus Points during the
          Bonus Points period in effect.



http://millerhighlife.promo.eprize.com/extras/display page?page=rules                                                  2/11/2011
          CASE 0:11-cv-00380-ADM -JSM Document 1-1
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            Tell A Friend: Rewards Account members will be invited to send E-
            Cards to friends who are not already enrolled and meet the eligibility
            requirements defined in the terms and conditions "Section 1". Each
            person that a Rewards Account member sends an E-Card to will
            receive an email notifying them about the program. The email will be
            sent directly from the Rewards Account member to each friend and
            sponsor will not collect any information about any friend unless a
            friend later enrolls in the Loyalty Program. Rewards Account
            members may only refer persons with whom they have an existing
            relationship. For each referred person who enrolls in the Loyalty
            Program the referring Rewards Account member will receive sixty
            (60) points, which will be deposited in his/her Account. However, an
            email will not be sent to the referred friend if that person has
            previously opted-out of receiving emails from Sponsor or if the
            referred friend lives in one of the following states: Arkansas,
            California, Connecticut, Hawaii, Indiana, Kentucky, New Jersey,
            Virginia, or West Virginia or is not age twenty one (21) year or older,
            in which case the referral is not valid for purposes of this section and
            the referring Rewards Account member will not receive any points
            for the referral. Limit three hundred (300) Tell A Friend points
            allowed per calendar month. Tell A Friend points will be awarded
            during the month when the referred user completes their Loyalty
            Program registration.

       5.    Terms Applicable to Rewards Points. MillerCoors shall have no
             liability for any printing, production, typographical, mechanical or
             other errors in the codes or Rewards Points summaries displayed or
             distributed by MillerCoors or its agents, for any delay or failure to
             credit Rewards Points to member accounts or for any failure to
             provide Rewards Account summaries as outlined herein. MillerCoors
             reserves the right to invalidate Rewards Points from a member's
             Rewards Account with notice if it determines in its sole discretion
             that such points were improperly credited to such member's
             Rewards Account or were obtained fraudulently or otherwise in
             violation of these Terms. MillerCoors reserves the right to require
             proof of accrual of Rewards Points and MillerCoors reserves the
             right to delay the processing or redemption of any Rewards Points
            without notice, in order to assure compliance with the Terms outlined
             herein. Members, by participating in the Loyalty Program, are
             responsible for maintaining the confidentiality of individual member's
             Rewards Accounts and password and for restricting access to
             member's computer, and member agrees to accept responsibility for
             all activities that occur under member's Rewards Account or
             password. Without limiting any other remedies, MillerCoors may
            suspend or terminate any Rewards Account if MillerCoors suspects
             in its sole discretion that any member or other person has engaged
             in fraudulent activity in connection with this Loyalty Program.
             Rewards Points do not constitute property, do not entitle a
            member to a vested right or interest and have no cash value. As
            such, Rewards Points are not redeemable for cash, transferable or
            assignable for any reason. The sale, barter, transfer or assignment
            of any accumulated Rewards Points, other than by MillerCoors is
            strictly prohibited. Any Rewards Points which MillerCoors deems in
            its sole discretion to have been transferred, sold, bartered or
            assigned in violation of the Loyalty Program's Terms may be
            confiscated and/or canceled. Participation in the Loyalty Program is
            subject to the Terms, as well as policies and procedures that
            MillerCoors may adopt or modify from time to time. Any failure to
            abide by the Terms or any policies or procedures implemented by
            MillerCoors, any conduct detrimental to MillerCoors, or any
            misrepresentation or fraudulent activities in connection with this
            Loyalty Program, or failure to act in a manner consistent with
            federal, state, provincial or local laws, regulations or ordinances,
            may result, in addition to any rights or remedies available to
            MillerCoors in law or equity, in the termination of membership in the
            Loyalty Program, as well as forfeiture of any Rewards Points
            accrued to date and any other benefits earned in connection
            therewith, in MillerCoors' sole discretion.




http://millerhighlife.promo.eprize.com/extras/display_ipage?page=rules                                            2/11/2011
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          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                     Filed 02/15/11 Page 19 of 33 Page 4 of 6

        6.   Changes to Rewards Points Structure. The Rewards Points
             structure is subject to modification or limitation at any time, with or
             without notice, in MillerCoor's sole discretion, including, without
             limitation, the right to establish additional means of accruing
             Rewards Points, the right to modify and delete any or all of the
             recognized means of accruing Rewards Points existing at any given
             time, the right to change the rewards available and their values and
             types and the rewards redemption terms, and the right to exclude
             specific types of transactions from Rewards Points eligibility.

        7.    Redeeming Points for Rewards. Subject to MillerCoors rights to
              add, delete, or otherwise make changes to the Rewards Points
              structure and the rewards as more fully expressed in the preceding
              Section 6, Rewards Points may be redeemed for merchandise or
              coupons found in the Catalog of Rewards which is posted and, from
              time to time, updated on the Loyalty Program website at
              www.millerhighlife.com . Due to state laws, not all rewards may be
              available in all states. Certain items not available to residents of
              CA, PA and TX. Certain items might require payment as indicated in
             the catalog. Residents of the state of TX will be required to make a
              payment of $1 on his or her credit card for each Reward ordered.
              Residents of the state of CA will be required to make a payment on
              his/her credit card for each Reward ordered; amount of payment will
              be determined at the time in which the order is placed and will be
              based on value of Reward. See www.millerhighlife.com Miller High
              Life Loyalty Program for details on how to redeem Rewards Points.
              Rewards Points will be subtracted from a member's account at the
             time the member requests a reward. Each redeeming member is
             solely responsible for ensuring that their shipping address is correct
             in the Loyalty Program records prior to redemption. MillerCoors
             obligation regarding delivery of a reward is satisfied upon shipping
             the selected award to the address for the member contained in the
             Loyalty Program records as of the date of redemption. MillerCoors is
             not responsible for lost or stolen rewards and will be responsible for
             non-receipt of rewards only for instances of shipment to an address
             different than the one in the Loyalty Program records as of the date
             of redemption. No cash will be exchanged for the unused portion of
             any member's rewards Points. Once Rewards Points have been
             redeemed for a reward, they are no longer valid for any subsequent
             redemption and they may not be returned or refunded to a member's
             Rewards Account for any reason. All Rewards Points expire not later
             than 11:50:50 p.m. EST. on 12/31/11, unless the Loyalty Program is
             terminated earlier (pursuant to the provision of Section 8(b), or
             extended, pursuant to the provisior of section 8(c), at the sole
             discretion of MillerCoors. Therefore, all Rewards Points redemption
             requests must be communicated to MillerCoors as required by these
             Terms by such time. No extensions, cash refunds or other
             exchanges will be allowed for expired Rewards Points. The
             availability of any reward or Catalog of Rewards items offered in the
             Loyalty Program are subject to change without notice at any time
             and subject to availability in the sole discretion of MillerCoors.
             Rewards may be available only in limited quantities and will be
             distributed on a first-come, first-served basis. Members should
             regularly consult the Loyalty Program website for updates about
             reward availability. Please allow up to eight to ten (8-10) weeks for
             receipt of Reward from date of request.

       8.    Modification To Terms, Termination or Extension of Loyalty
             Program. (a) Modification to Terms: Membership in the Loyalty
             Program is offered at the discretion of MillerCoors and it reserves in
             its sole discretion the right to modify the Terms, Rewards Points
             redemption values, benefits, reward levels, conditions of
             participation, rules for issuing, redeeming, retaining, using or
             forfeiting Rewards Points and rewards and their respective duration
             or timing, shipping and handling charges or any other aspect of the
             Loyalty Program, in whole or in part, at any time, with or without
             notice, even though such changes may affect the redemption value
             of the points already accumulated. MillerCoors will give reasonable
             advance notice of any modification of the Terms hereof which may


http://millerhighlife.promo.eprize.com/extras/display_page?page —rules                                                2/11/2011
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          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                      Filed 02/15/11 Page 20 of 33 Page 5 of 6

            adversely impact your Rewards Account. Members understand that
            the most recent version of the Terms will be located at the Loyalty
            Program website. A member's continued use of the Loyalty Program
            following the posting on the Loyalty Program website of conspicuous
            notice of any modification will indicate member's acceptance of any
            modification to the Terms hereof. Any member may object to the
            modification to the Loyalty Program and/or its Terms by no longer
            participating. (b) Termination: The Loyalty Program will terminate at
            11:50:50 p.m. EST. on 12/31/11, unless it is terminated earlier or
            extended at the sole discretion of MillerCoors. In the event
            MillerCoors decides to terminate the Loyalty Program before this
            date, MillerCoors shall give conspicuous notice at least thirty (30)
            days prior to the date that such termination becomes effective,
            during which time you may still accrue and redeem Rewards Points,
            provided however, that you agree that MillerCoors shall not be
            required to give thirty (30) days notice if such termination is due to
            the filing of a petition in bankruptcy, an adjudication of bankruptcy,
            insolvency, an assignment for the benefit of creditors, or any other
            discontinuance of business. All Rewards Points must be redeemed
            prior to the effective date of termination. You should not rely upon
            the continued availability of the Loyalty Program or any Rewards
            Points accumulated in connection therewith. (c) Extension:
            MillerCoors may, at its sole discretion, extend the Loyalty Program
            beyond the expiration date set forth above. In the event MillerCoors
            does extend the Loyalty Program, MillerCoors shall give
            conspicuous notice prior to the date that such extension becomes
            effective. Members who participate in the Loyalty Program after the
            extension agree to be bound by the Terms then in effect at the time
            of Loyalty Program extension.

       9.   Limitation on Liability. MILLERCOORS WILL NOT BE
             RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM,
             DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE,
             INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
            ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS
            OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT,
            STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR
             IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE
             LOYALTY PROGRAM, (B) ANY FAILURE OR DELAY BY
            MILLERCOORS IN CONNECTION WITH THE LOYALTY
            PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF,
            OR INABILITY TO USE, ANY COMPONENT OF THIS LOYALTY
            PROGRAM); OR (C) THE PERFORMANCE OR NON
            PERFORMANCE OF THE LOYALTY PROGRAM BY
            MILLERCOORS, EVEN IF MILLERCOORS HAS BEEN ADVISED
            OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability
            applies to any damages or injury caused by any failure of
            performance, error, omission, interruption, deletion, defect, delay in
            operation or transmission, computer virus, communication line
            failure, theft or destruction or unauthorized access to, alteration of,
            or use of your registration information, whether for breach of
            contract, tortious behavior, negligence, or under any other cause of
            action. If, despite the limitation above, MillerCoors is found liable for
            any loss or damage which arises out of, or is in any way connected
            with, any of the occurrences described in the limitation above, then
            its liability will in no event exceed, in total, the sum of US $100.00.
            SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY,
            SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

      10.   Disclaimer of Warranties. MILLERCOORS MAKES NO
            WARRANTY OF ANY KIND REGARDING THE LOYALTY
            PROGRAM, WHICH IS PROVIDED ON AN "AS IS" AND "AS
            AVAILABLE" BASIS. MILLERCOORS EXPRESSLY DISCLAIMS
            ANY REPRESENTATION OR WARRANTY THAT ITS LOYALTY
            PROGRAM WILL BE ERROR-FREE. MILLERCOORS FURTHER
            DISCLAIMS ANY WARRANTY AS TO THE ACCURACY,
            COMPLETENESS AND TIMELINESS OF ANY CONTENT OR
            INFORMATION DISTRIBUTED WITH RESPECT TO THE
            LOYALTY PROGRAM. MILLERCOORS EXPRESSLY DISCLAIMS


http://millerhighlife.promo.eprize.com/extras/display_page?page=rules                                                  2/11/2011
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          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                  Filed 02/15/11 Page 21 of 33 Page 6 of 6

             ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED
             WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
             FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-
             INFRINGEMENT, AND THOSE ARISING BY STATUTE OR
             OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
             USAGE OF TRADE. SOME STATES DO NOT ALLOW THE
             DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY
             DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

       11.   Taxes. Determination and payment of tax liability on awards,
             including income tax, if any, are the sole responsibility of member.

       12.   Acts Beyond MillerCoors Control. The failure of MillerCoors to
             comply with the Terms because of an act of God, war, fire, riot,
             terrorism, earthquake, actions of federal, state, provincial or local
             governmental authorities or for any other reason beyond the
             reasonable control of MillerCoors, shall not be deemed a breach of
             the Terms. If any such contingency shall last for more than sixty (60)
             days, MillerCoors shall have the right to terminate the Loyalty
             Program immediately by giving notice and shall have no further
             liability to any member.

       13.   Governing Law and Consent to Jurisdiction. The laws of the
             State of Wisconsin, without regard to its conflict of laws principles,
             will govern these Terms, as well as your and MillerCoors
             observance of them. If you take any legal action relating to your use
             of this Loyalty Program or these Terms, you agree to file such action
             only in the state or federal courts located in Milwaukee County,
             Wisconsin.

      14.    No Waiver. MillerCoors' failure to exercise or enforce any right or
             provision of these Terms shall not constitute a waiver of such right or
             provision unless acknowledged and agreed to by MillerCoors in
             writing.

      15.    Captions. The headings in these Terms are for your convenience
             and reference. These headings do not limit or affect these Terms.

      16.    Complete Agreement. These Terms, together with those items
             made a part of these Terms by reference, make up the entire
             agreement between MillerCoors and the Loyalty Program members
             relating to the Loyalty Program, and replaces any prior
             understandings or agreements (whether oral or written) regarding
             the Loyalty Program. If a court finds any of these Terms to be
             unenforceable or invalid, that term(s) will be enforced to the fullest
             extent permitted by applicable law and the other Terms will remain in
             full force and effect.

  Sponsor: The Miller Brewing Company, 3939 W. Highland Blvd., Milwaukee,
  WI 53201-0482

  © 2011 The Miller Brewing Company. ALL RIGHTS RESERVED.


                                       CLOSE




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CASE 0:11-cv-00380-ADM -JSM Document 1-1   Filed 02/15/11 Page 22 of 33




                   EXHIBIT C
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                     Filed 02/15/11 Page 23 of 33 Page 1 of 8




                               EXTRAg
   FREQUENTLY ASKED QUESTIONS:
                                      Registration
                                      My Account
                                         Points
                                General Bonus Points
                                        Rewards
                                   Getting Rewards
                                 Technical Questions
                                     Your Privacy
                                    Refer-A-Friend
                          Code Request without Purchase
                              Something Extra Sweeps
                                  General Questions

                                     Registration
  Q. Why do I need to register?

 A. You need to register so that we can track your points, allowing you to
    redeem them for great rewards. By registering, we're able to show you all
    of your account information including your point and redemption history.
    We can also ship rewards to you based on the profile information you
    provided.

 Q. How do I create a Miller High Life Extras Account?

 A. 1. First, go to MillerHighLife.com and click on the link to the Miller High Life
    Extras program. Then click on the "Register" link.
    2. Follow the instructions to fill out the registration form and create an
    Account. To create an Account, you must have a unique valid email
    address. Limit one (1) Account per person. The person who is the
    authorized email account holder of the email address indicated when
    registering must provide date of birth information when registering for an
    Account and will be deemed the participant.

 Q. Who may join the Miller High Life Extras Program?

 A. Membership in the Loyalty Program is only open to individuals who are
    legal residents of the United States (excluding residents of AR, CT, HI, IN,
    KY, NJ, VA and WV), who are at least twenty one (21) years of age as of
    the date of enrollment. The Loyalty Program is void in AR, CT, HI, IN, KY,
    NJ, VA and WV and where prohibited. Corporations or other entities or
    organizations of any kind are not eligible for the Loyalty Program.
    Employees of MBC, SABMiller plc., their representatives, affiliates,
    subsidiaries, advertising and promotion agencies, distributors, alcohol
    beverage retailers, suppliers involved in this Loyalty Program and the
    immediate family members and/or those living in the same household of
    each are not eligible.

    Participation in the Program constitutes the participant's full and
    unconditional agreement to the Terms and Conditions.
                                    My Account


 Q. How do I update my account information?

 A. After you login, click on My Account and then Update Profile to change




http://millerhighlife.promo.eprize.com/extras/faq?eid=                                                                2/11/2011
          CASE 0:11-cv-00380-ADM -JSM Document 1-1
Miller High Life Extras — Live the Life Get the Gear                                  Filed 02/15/11 Page 24 of 33 Page 2 of 8

     your account information.

  Q. I have a new email address. Can I still login?

  A. You can still login, but you must use the email address that you registered
     with originally. Once you are logged in, you can access "My Account" and
     then "Update Profile" to update your account information.

  Q. What if I don't remember my password?

  A. If you don't remember your password, click the Forgot Password link on the
     Landing Page. After entering your email address we will send you
     instructions on how to reset your password.
                                         Points


  Q. How do I earn Miller High Life Extras points?

  A. Getting started is easy. Just collect the codes on eligible Miller High Life
     and Miller High Life Light products. You may also earn points during the
     Collection Period by sending a Delivery Guy Gram to your friend if they
     become a Miller High Life Extras member. We'll let you know if other
     methods of collecting points become available, so check the website for
     updates. Once you've collected enough points for your desired reward, you
     can redeem them at MillerHighLife.com .

  Q. Will all Miller High Life and Miller High Life Light products have a
     Miller High Life Extras code?

 A. Only select Miller High Life and Miller High Life Light products will contain a
    code that can be redeemed for Miller High Life Extras Rewards. Please
    view the Qualifying Products Page in the About section of the site to see
    which products are eligible.

 Q. Where will I find the Miller High Life Extras code?

 A. The eligible Miller High Life and Miller High Life Light products will have a
     unique code printed on them. The code is 12 characters long, with both
     numbers and letters.

 Q. I tried to enter my code but it came back as invalid. What can I do?

 A. Please verify that you have entered the code correctly. Note that the letters
    in the code are all uppercase. If you are still having problems, let us know
    by using the Contact Us form.

 Q. What if I have trouble reading my code?

 A. Some of the codes can be hard to read. For that reason, we avoided
    printing any codes with the following characters:

    AELJO0Q8BZ2LI15S

    If you are still having trouble reading your code, let us know by using the
    Contact Us form.

 Q. What if the Miller High Life or Miller High Life Light product I
    purchased is on the Qualifying Products Page but is missing the
    Miller High Life Extras code?

 A. Please let us know immediately by using the Contact Us form.

 Q. How do I know how many Miller High Life Extras points I have?

 A. Once you are logged in to MillerHighLife.com , you can find your point
    balance near the upper right corner of the webpage or on your My Points
    page.




http://millerhighlife.promo.eprize.com/extras/faq?cid=                                                               2/11/2011
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                  Filed 02/15/11 Page 25 of 33 Page 3 of 8

  Q. How do I redeem my Miller High Life Extras points?

  A. First, log on to MillerHighLife.com . Browse through the gear and make your
     selection. Then follow the simple checkout process to redeem your reward.
     You'll be asked to confirm your delivery address to make sure your reward
     gets shipped to the right place.

  Q. My point balance seems wrong. What should I do?

  A. Sometimes your computer's cache (sort of like short-term memory for your
     browser) will keep you from seeing the most current information, especially
     if your point total changed since you logged in. If your total seems
     incorrect, try logging off, close all browser windows, open a new browser
     window, and log back in. If that doesn't work, let us know by using our
     Contact Us form.

  Q. Will my points expire?

 A. You can collect Miller High Life Extras points through December 31, 2011
    and redeem them through December 31, 2011. For more information,
    please see the Terms and Conditions.

 Q. What rewards can I redeem with my Miller High Life Extras points?

 A. You can choose from several rewards in a range of categories. Click the
    Gear link to browse the latest assortment.
                               General Bonus Points


 Q. When can I earn Bonus Points in the Miller High Life Extras program?

 A. From time to time, the Extras program offers a limited opportunity to earn
    Bonus Points. Each Bonus Points promotion will have a start and end date.
    You'll need to enter codes during those dates to earn Bonus Points.

 Q. When is the next opportunity to earn Bonus Points?

 A. Keep an eye on your email — new promotions offering Bonus Points will be
    announced at the email address you registered with.

 Q. Is there a limit on how many Bonus Points I can earn during a
    promotion?

 A. Nope! Just remember to use Common Sense when you enjoy The High
    Life.

 Q. How will I add the points to my account?

 A. Any valid Bonus Points will be added to your account automatically.

 Q. Are Bonus Points good toward any Miller High Life purchase?

 A. Only participating or featured products are eligible for Bonus Points. Please
    be sure to check your email for full details.
                                       Rewards


 Q. How do I find the rewards I want?

 A. We make it easy for you to find the rewards you want. Click the Gear link at
    the top of the page to browse through rewards by different point value
    ranges.

 Q. Why has the point value changed for some rewards?

 A. As described in our Terms and Conditions, we may occasionally reduce the
    number of points needed to acquire certain rewards. These changes will be
    based on the number of codes in market, the point values of the codes
    available, and opportunities to bring you new rewards. If you previously


http://millerhighlife promo.eprize.comlextras/faq?cid=                                                             2/11/2011
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                      Filed 02/15/11 Page 26 of 33 Page 4 of 8

     redeemed a reward which is later offered for fewer points, please note that
     we cannot credit the difference to you.

  Q. Why does it say "Limited Quantity" for some reward items?

  A. This is an indication that inventory on this item is limited. If this is an item
     you really want and you have the points, you should consider redeeming
     your points for it sooner rather than later, as our inventory may run out.

  Q. Can I redeem rewards and have them sent to someone else?

  A. The mailing address that is entered with your account is used to mail
     rewards. However, you can update that address at any time by going to My
     Account and then selecting the Update Profile option. All rewards can be
     delivered only to U.S. street addresses in participating states. Sorry, we
     cannot ship to PO Boxes.

  Q. How do I know the status of my rewards?

  A. After you redeem points for a reward, you will receive an email
     confirmation. If you redeemed a physical reward, please allow 8-10 weeks
     for delivery. If it's a digital reward, you'll receive an email to the email
     address we have on record with instructions on how to redeem your actual
     reward.

  Q. Is there a limit to the number of rewards I can redeem in a day?

 A. No. If you have enough points to redeem the rewards, there is no limit by
    day. However, certain rewards have a redemption quantity limit per
    member.

 Q. Is there a limit to the number of times I can redeem a particular
    reward?

 A. Some of our rewards are produced in limited quantities, exclusive to the
    Miller High Life Extras program, and/or are hard to find. To ensure that
    each member has the chance to redeem some of the more popular and
    limited-quantity rewards, we may need to limit multiple redemptions of the
    same reward by a member.

 Q. Why can't I return an Extras item if it doesn't fit?

 A. We strongly encourage you to review the size chart for all apparel items
    before selecting your size. Unfortunately, we are unable to accept returned
    items, so choose carefully!

 Q. You used to offer a golf bag, but now I don't see it with the Gear.
    Where did it go?

 A. It was fun while it lasted, but we're sorry to say the golf bag is no longer
    available. We have plenty of other great gear items to keep you living the
    high life, and we always have great new gear on the horizon.
                                    Getting Rewards


 Q. How are items shipped?

 A. Generally, rewards will be sent via the US Postal Service. However, some
    items may be shipped via UPS. Rewards can be delivered to street
    addresses only; sorry, but we cannot ship to PO Boxes.

 Q. When can I expect to receive my reward?

 A. Physical rewards will be shipped within 8-10 weeks from redemption and
    digital rewards should arrive in your email inbox within 72 hours of
    redemption. Click here to contact us if you have still not received your
    reward.
                                Technical Questions



http://millerhighlife.promo.eprize.com/extras/faq?cid=                                                                 2/11/2011
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                   Filed 02/15/11 Page 27 of 33 Page 5 of 8


  Q. What web browser do I need to use this site?

  A. The site will perform best with Internet Explorer 6 & above, Netscape 7 &
     above, FireFox and Mozilla based browsers.

  Q. What version of Flash do I need to use this site?

  A. The site will perform best with Flash Player 9 and above.

  Q. Is the Miller High Life Extras site safe and secure?

  A. At The Miller Brewing Co., the security and confidentiality of your
     information is extremely important to us. We have implemented technical,
     administrative, and physical security measures to protect guest information
     from unauthorized access and improper use. From time to time, we review
     our security procedures in order to consider appropriate new technology
     and methods. Please be aware though that, despite our best efforts, no
     security measures are perfect or impenetrable.

  Q. The left side of the screen is cut off and I'm having trouble seeing the
     log in fields on the home page. How can I fix the screen?

 A. Your computer's resolution controls how large or small images appear on
    your screen. If your resolution is set to 800 x 600 pixels, then you may not
    be able to fully access the Miller High Life Extras site. To see the full
    screen, please change your resolution to 1024 x 768 pixels. You can
    change your resolution by minimizing all windows, right clicking on the
    desktop, and selecting 'Properties'. In the 'Properties' pop-up window, click
    the 'Settings' tab and move the cursor in the 'Screen resolution' box to the
    right until it is 1024 x 768 pixels and then click 'Okay'. After you have
    changed the resolution, you should be able to see the full screens on the
    Miller High Life Extras site.

 Q: I am not receiving emails regarding my Extras Account. What should I
   do?

 A: To ensure that you receive emails, please add
    MillerHighLifeExtras@mhl.com to your address book. Also, please check
    your spam and bulk mail folders as well as check to see if you have any
    filters set up on your email account that would prevent you from receiving
    any email correspondence from unknown sources. Oftentimes, emails can
    be blocked by filters or trapped in junk mail even if they are safe and in
    regards to your Miller High Life Extras account. Please also consider what
    type of email provider you are using. If you are using your work email
    address, your company may have certain filters or blockers set up for
    receiving certain types of emails. We strongly suggest that you use an
    email provider from a free email provider (Yahoo, Gmail, AOL, Hotmail,
    etc.) to ensure you can control fully the types of email you receive.
                                    Your Privacy


 Q. How will you use my personal information?

 A. To learn how the personal information collected in connection with the
    Program may be used, please read The Miller Brewing Co. Privacy Policy
    (click here). While most redeemed reward items will be shipped to you by
    The Miller Brewing Co., some may be shipped directly by the manufacturer
    or its agent. In that case, only your shipping information will be supplied to
    the manufacturer or agent for fulfillment.
                                     Refer-A-Friend


 Q. How does the Refer-A-Friend (Delivery Guy Gram) program work?

 A. Click Delivery Guy Gram and follow the directions to send an email to your
    friend to let them know about Miller High Life Extras. For the first five (5)
    friends you refer each month who subsequently enroll in the Program, you
    will be given sixty (60) bonus points per friend. You may collect a maximum



http://millerhighlife.promo.eprize.com/extras/faq?cid=                                                              2/11/2011
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                    Filed 02/15/11 Page 28 of 33 Page 6 of 8

      of three hundred (300) bonus points per month during the Collection Period
      through the Refer-A-Friend program.

  Q. What if a friend is already enrolled in Miller High Life Extras?

  A. Unfortunately, you won't be eligible to receive bonus points if your friend is
     already participating in the Program.
                           Code Request without Purchase


  Q. How long after I mail my No Purchase Necessary Code Request Form
     will I receive my code?

  A. Please allow 2-3 weeks for standard mail delivery and processing. A
     confirmation email will be sent once your request has been processed. If
     your email indicates that your reqest has been accepted, your code will be
     included in your email. If your request is rejected, please follow the
     instructions in your rejection email..

  Q. Why would my request be rejected?

 A. Your request will be rejected if you have already requested the maximum
    amount of No Purchase Necessary codes for that week.

  Q. Do no purchase necessary points go to the same account as my
     Miller High Life and Miller High Life Light purchases?

 A. Yes. All applicable points will be credited to the same account you created
    when you became a Miller High Life Extras member.

 Q. How many points is my No Purchase Necessary Code worth?

 A. No Purchase Necessary Codes are worth 300 points.

 Q. How do I turn off the pop-up blocker?

 A.         1. Locate "Tools" on the tool bar of your web browser
            2. Select "Pop-Up Blocker" from available selections
            3. Depending on your browser, you may see the following options:
                   a. Turn Off Pop-up Blockers
                   b. Temporarily Allow Pop-ups
                   c. Allow Pop-ups from this site
            4. Select the appropriate option for your system. Once your Pop-up
                Blocker is turned off, a separate window will appear displaying
                the online form.

      If you were not able to print the online submission form or need to re-print
      it:
             1. Roll Over the "My Account" link in the Navigation bar and click
                "My Points"
             2. On the "My Points" page, find your pending No Purchase
                 Necessary Code Request
             3. Click the Reprint Form link for the request in question - a new
                window will open with the printable form Print this form (it will
                have the address to which you should mail it)

 Q. What is the Rec Room Giveaway?

 A. The Rec Room Giveaway is a sweepstakes open only to members in North
    Carolina and South Carolina. Please see Official Rules for details.
                           Something Extra Sweeps


 Q. How will I know if I've won one of the Extras sweepstakes items?

 A. Each item has an end date. We will choose our winner within a week after
    that end date, and if that's you, you'll be contacted via email with the great




http://millerhighlife.promo.eprize.com/extras/faq?cid=                                                               2/11/2011
 Miller High Life Extras — Live the Life Get the Gear
           CASE 0:11-cv-00380-ADM -JSM Document 1-1                                   Filed 02/15/11 Page 29 of 33 Page 7 of 8

     news!

  Q. How many sweepstakes entries can I earn?

  A. You may submit point for up to 45 entries per day per sweepstakes.


  Q. How many Extras points should I spend to give myself the best
     chance to win?

  A. All prize drawings are random. As long as you enter, you have a chance to
     win. But the more you enter, the better your chances!

  Q. If I don't win one of the sweepstakes items, will I get my Extras points
     back?

  A. No, the points you spend are considered redeemed toward sweepstakes
     entries and are not refundable.

  Q. I have more questions. What should I do?

  A. Don't worry; we've thought of everything, which is outlined in the Official
     Rules. Be sure to look there for complete details...and good luck!
                                 General Questions


  Q. Why did my Miller High Life or Miller High Life Light package not
     include a Miller High Life Extras Code?

 A. Only select Miller High Life or Miller High Life Light packages will contain a
     code that can be redeemed for Miller High Life Extras Rewards. Please
     view the Qualifying Products Page to see which packages are eligible.

 Q. How long does the Program run?

 A. The Program begins at 12:01 a.m. Eastern Time (ET) on March 3, 2008
    and is scheduled to end at 11:50 p.m. ET on December 31, 2011.

 Q: Where did the Cap It Instant Win Game go?

 A: The Cap It Instant Win Game ended on July 22nd, 2008. Be sure to check
    back often for new offers and promotions.

 Q. I received an Extras code on a SuperValu coupon. Now what?

 A. Go ahead and enter it in to receive 240 points to be used towards
    redeeming great gear.

 Q: What if the SuperValu coupon says "PIN Unavailable"? Am I out of
    luck?

 A: You're never out of luck when living the High Life. Click here to contact us if
    your code is missing from your coupon, and we'll help you out.

 Q. I received a coupon for a Hil[shire Farms Beer Brat on my Miller
    package. Where can I use this coupon?

 A. For a complete list of stores that carry this tasty Beer Brat, click here.


 Q. I heard about the Break into Extras sweepstakes where you get free
    code and a chance to win merch, but I didn't get a scratch off card.
    Can I participate?

 A. Please see the Official Rules for all the details and free method of entry.

 Q. Who can I contact if I have further questions?

 A. Check out these FAQs. You may find your answer here right away. If not,



http://millerhighlife.promo.eprize.com/extras/faq?cid=                                                              2/11/2011
Miller High Life Extras — Live the Life Get the Gear
          CASE 0:11-cv-00380-ADM -JSM Document 1-1                                Filed 02/15/11 Page 30 of 33 Page 8 of 8

    complete the Contact Us form to submit your questions. We'll respond to
    your email address. If you still have further questions, please call 1-800-
    MILLER6 from 11AM - 8PM CST Monday, Tuesday, Wednesday and
    Friday or 12PM - 8PM CST Thursday, to speak to a Customer Care
    representative.




             CLOSE




http://millerhighlife.promo.eprize.com/extras/faq?cid=                                                           2/11/2011
CASE 0:11-cv-00380-ADM -JSM Document 1-1   Filed 02/15/11 Page 31 of 33




                   EXHIBIT D
                                                                                                               Page 1 of 2
             CASE 0:11-cv-00380-ADM -JSM Document 1-1                     Filed 02/15/11 Page 32 of 33



   From: Beacom, Patti [Patti.Beacom@millercoors.com ]
   Sent:     Friday, December 03, 2010 11:11 AM
   To:       Thorpe, Carrie
   Cc:       Holly Findling
   Subject: MHL Extras / Finsterwald Patent Status Update

Carrie,

Thank you, I did have a wonderful Thanksgiving. I hope yours was enjoyable too and your hosting 40 guests for
Thanksgiving dinner went well!

To update you as to the status of this patent matter on our end, after speaking with our marketing leadership early last
week, we have been instructed to obtain a second opinion from new patent counsel with respect to our MHL Extras
program on whether we literally infringe any of the Claims in your Finsterwald patent. Truthfully, these instructions
were received due to the large license fee being demanded via the formula set forth in your License Agreement. If the
license fee were significantly less, there would be more interest by our marketing leadership to resolve this matter.
Right now, however, they are more interested in learning that our Extras program does not perform all of the steps in
these Claims and therefore does not infringe your patent so that an annual license fee is not required for this program.

Based on my current instructions from MillerCoors' marketing leadership, at this time it appears unlikely we will be able
to reach a resolution with Carlson Marketing before the end of the year.

We hope to have a conversation with our new patent counsel early next week after they have an opportunity to review
your Finsterwald patent and our MHL Extras program. Following this conversation, our new counsel will want to
schedule a call or meet with you to continue our efforts to resolve this matter.

Thank you.

Patti

Patti Beacom • Assistant General Counsel — Commercial
MillerCoors • 250 South Wacker Drive • 12th Floor
Chicago, Illinois • 60606
Patti.BeacomOmillercoors.com • (312) 496-2781




From: Thorpe, Carrie mailto:cthorpe©carlsonmarketing.com ]
Sent: Thursday, December 02, 2010 9:41 AM
To: Beacom, Patb
Cc: Holly Findling
Subject: RE: Follow Up
Importance: High

Patti —
Hope you had a wonderful Thanksgiving. Per my voicemail can you please advise re: you timing for setting up a meeting
to advance our discussion? I am still shooting for resolution before the end of this year and hope you and I are still on
the same page in that regard. My understanding is you and Holly were working on meeting with the business team on
your end to discuss the license and fees — has that occurred?

Please advise.
             CASE 0:11-cv-00380-ADM -JSM Document 1-1   Filed 02/15/11 Page 33 of 33 Page 2 of 2

Thank you,
CT

Carrie Thorpe
Senior Counsel
Carlson Marketing Worldwide, Inc.
2800 Livernois, Suite 600
Troy, MI 48083
248 824 8340
                          CASE 0:11-cv-00380-ADM -JSM Document 1-2                                                                  Filed 02/15/11 Page 1 of 1
  vsJS 44 (Rev. 12/07)
                                                                            CIVIL COVER SHEET
 The IS 44 civil cover sheet and the information contained herein neither replace nor supplement the tiling and service ofpleadings or other papers as required by law, except as provided
 by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
 the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FOR.M.)

 I. (a) PLAINTIFFS                                                                                             DEFENDANTS
Carlson Marketing Worldwide, Inc., a Delaware corporation                                                       MillerCoors LLC, a Delaware corporation

      (1)) County of Residence of First Listed Plaintiff             Hennepin                                  County of Residence of First Listed Defendant
                                 (EXCEPT IN U.S. PLAINTIFF CASES)                                                                              (IN U.S. PLAINTIFF CASES ONLY)

                                                                                                                       NOTE: Ili LAND CONDEMNATION CASES, USE THE LOCATION OF THE
                                                                                                                                  LAND INVOLVED,


      (C) Attorney's (Firm Name, Address, and Telephone Number)                                                 Attorneys (If Known)

Martin R. Lueck ancl.Tara D. Falsani Robins,
0036n, NITilgr fisCikilla6.P 161 90 asaggAT Ave.
 II. BASIS OF JURISDICTION                            (Place an "X" in One Box Only)                HI. CITIZENSHIP OF PRINCiPAL PARTIES(Place an "X" in One Box for Plaintiff
                                                                                                            (For Diversity Cases Only)                                        and One Box for Defendant)
 0 1 U.S. Government                    X   3 Federal Question                                                                        PTF DEF                                                PTF       DEF
        Plaintiff                                (U.S. Government Not a Party)                         Citizen of This State          0 1  0 I           Incorporated or Principal Place      0 4      0 4
                                                                                                                                                         of Business In This State

 0 2 U.S. Government                    0 4 Diversity                                                  Citizen of Another State          0 2     0 2 Incorporated and Principal Place           0 5       0 5
          Defendant                                                                                                                                       of Business In Another State
                                                 (Indicate Citizenship of Parties in hem III)

                                                                                                       Citizen or Subject of a           0 3     0 3 Foreign Nation                             0 6 0 6
                                                                                                         Foreign Country

 IV. NATURE OF SUIT                     Place an "X" in 011e Box Onl
           coNTRACT                                             TORTS                                    FORFEITI'RE/PENAI:n'                      BANKRUPTCY                        oThIER sTATIrrEs
 o 110 Insurance                     P•RSONAL INJURY                       PERSONAL INJURY             0 610 Agriculture                   0 422 Appeal 28 USC 158         7       400 State Reapportionment
 0 120 Marine                     0 310 Airplane                      0    362 Pei ,imal Injury -      0 620 Other Food & Drug             0 423 Withdrassal               0 410 Antitrust
 0 130 Miller Act                  n  315 Airplane Product                     Med. Malpractice        0 625 Drug Related Seizure                 28 USC 157               0 430 Banks and 13anking
 0 140 Negotiable Instrument              Liability                   0    365 Personal Injury -              of Property 21 USC 881                                       0 450 Commerce
 0 150 Recovery of Overpayment 0 320 Assault, Libel &                          Product Liability       0 630 Liquor Laws                      PROPERTY RIGHTS              0 460 Deportation
       & Enforcement ofludgmcnt           Slander                     0    368 Asbestos Personal       0 640 R.R. & Truck                  0 820 Copyrights                0 470 Racketeer Influenced and
 0 151 Medicare Act               0 330 Federal Employers'                     Injury Product          0 650 Airline Regs.                 74 830 Patent                          Corrupt Organizations
 n  152 Recovery of Defaulted             Liability                            Liability               0 660 Occupational                  0 840 Trademark                 0 480 Consumer Credit
        Student Loans             0 340 Marine                         PERSONAL PROPERTY                       S:Ifety Health                                              0 490 Cable/Sat TV
        (Excl. Veterans)          0 345 Marine Product                0 370 Other Fraud                0 690 Other                                                         n  810 Selective Service
 n  153 Recover)' of Overpayment          Liability                   0 371 Truth in Lending                         I. 't BOR                socIAL SMURFIT               0 850 Securities/Commodities/
        of Veteran's Benefits     0 330 Motor Vehicle                 3 380 Other Personal             0 710 bait Labor Standards          0 56 l H1A (139311)                    Exchange
 n  160 Stockholders' Suits       0 355 Motor Vehicle                       Property Damage                   Act                          0 862 Black Lune (923)          0 875 Customer Challenge
 0 190 Other Contract                     Product I jability          7 385 Property Damage            0 720 Laboi,.MgmL Relations         0 863 DIWC , DIWW (405(g))             12 USC 3410
 0 195 Contract Product Liability 0 360 Other Personal                      Product Liability          0 730 LahortMgmt.Reporting          n  864 SS1D Tide XVI            El 890 Other Statutory Actions
 71 106 Franchise                         Injury                                                             & Disclosure Act              El 865 RSI (405(g))             7 891 Agricultural Acts
        REAL PROPERTY                   Cll. II. RIGI I I S             PRINONLR PE I I I IONS         0 740 Railway Labor Act                 FEDERAL TAX surrs           -   1   892 Economic Stabilization Act
 0 210 Land Condemnation          El 441 Voting                       71 510 Motions to Vacate         0 790 Other Labor Litigation        0 870 Taxes (U.S. Plaintiff     0       893 Environmental Matters
 0 220 Foreclosure                0 442 Employment                             Sentence                0 791 Empl. Ret. Inc.                       or Defendant)           0       894 Energy Allocation Act
 0 230 Rent Lease & Ejectment      0    443 Housing/                       Habeas Corpus:                     Security Act                 0 871 IRS—Third Party           0       895 Freaom of Information
 0 240 Torts to Land                       Accommodations             0    530 General                                                            26 USC 7609                         Act
 0 245 Tort Product Liability      0    444 Welfare                   3    535 Death Penalty                  IMMIGILVTION                                                 3       900Appeal of Fee Determination
 0 290 All Other Real Property     0    445 Amer. w/Disabilities -    0    540 Mandamus & Other        0 462 Naturalization Application                                                Under Equal Access
                                           Employment                 71   550 Civil Rights            0 463 Habeas Corpus -                                                           to Justice
                                   CT   446 Amer. w/Disabilities -    0    555 Prison Condition              Alien Detainee                                                0       950 Constitutionality of
                                           Other                                                       0 465 Other Immigration                                                         State Statutes
                                   0    440 Other Civil Rights                                               Actions




 V.    ORIGIN              (Place an "X" in Onc Box Only)                                                                                                                                    Appeal to District
                                                                                                                                   Fransferred front
 CR 1 Original
        Proceeding
                         0 2 Removed from
                                 Slate Court
                                                           0 3 Remanded from
                                                                 Appellate Court
                                                                                                0 4 Reinstated or 0 5
                                                                                                     Reopened                      another district
                                                                                                                                                         0 6 Multidistrict
                                                                                                                                                              Litigation
                                                                                                                                                                                    0    7   Ridge from
                                                                                                                                                                                             Magistrate
                                                                                                                                   (specify)                                                 Inclement

                                            9S t b.     SCC il dilltefe ii1e
                                                        . .   eS      l    ilwAiral6YoirAggaWa                       Yie.e.6s.dgtedirMIgiritsw`gsriPssiti
 VI. CAUSE OF ACTION                        Brief description of cause:
                                             Intringement ot Plaintiff's U.S. Patent No. 6,039,244
 VII. REQUESTED IN    0 CHECK IF THIS IS A CLASS ACTION                                                   DEMAND $                                     CHECK YES only if demanded in complaint:
      COMPLAINT:         UNDER F.R.C.P. 23       in excess                                              of $50,000                                     JURY DEMAND:                 a Yes 0 No
 VIII. RELATED CASE(S) (See instructions):
       IF ANY                              JUDGE                                                                                               DOCKET NUMBER

 DATE                                                                      SIGNATURE OF ATTORNEY OF RECORD

      2/ 1 5/1 1                                                                      s/ Tara D. Falsani
 FOR OFFICE USE ONLY


     RECEIPT g                   AMOUNT                                      APPLYING IFP                                        JUDGE                             MAG. JUDGE

				
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