Alirsed, LLB 40 Easa Main Street, # E9 3 Newark DE T9?} I E xssmm-zsso { }iC€flSiBg@B}i·$Bdr0Yg } October 2, 2(H2 ` Rs; AiXLcd rama Licensing Program File No. We are the Eicerssing agent for certain US. patents listed beiow. We have idenriiicd your eompany as one that appears to be using, the patented technology. and we are contacting you to initiate disoussions regarding your need For 21 iicensc. in ihis ierfer. we explain what the patents cover, how you iikcéy have an infnnging system. explain why a license is needed, and provide you the general 1em1s for such as license. We aiso answer some i§‘eqnem.Ey asked questions. as we}? as expiain new you can deiesrnine whether you do have an infringing system that requires Ei iicense. We shouid note that V H {he undersmnding that you me the proper person ro contact on bchaif f you are not the proper person ro hoodie this marie: on behalfofthe company. p ease prow e r ns letter ro the proper person. and norify us so that we may update our records and contact ihem directly in the future. To tum to the matter at hand. the przxienis for which we are the iicensing agent are listed beiow. The iisr includes boils issued U.S. patents. as wei} as a patent application which is expected io issue in the future as an additionai U.S. patent. L U.S. Par. N0. 7386,426 ("Disiri`m1$ed Computer Architecture And Process For Document Managemeref`); 2. U .5. Pai. No. 7,477.,/-HO {“Dis€ribnred Computer Archizccturc And Process For Virtual C¤py%¤s">s 3. U.S. Pat. No. 6,77} ,38E ("Dis$ributed Computer Architecture Am} Process For Virtuai €<>z¤yi¤s">; 4. US. Pat. N0. 6.185.590 ("Process And Archirecmre For Use On Stand-Alone Machine And rrr Disrrihured Computer Architecture For Client Server And/Or Intranet And/Or Internet Operating Environmentf); and 5. I3/182.357 Wed July 14, 20ll ("Distribuxed Computer Arehiteciurc And Process For Document Manzrgemenf`}, You can find and review each ofthe issueci patents lisred above at www.googkmcom/pacerzts. Page 2 As you may know. ze, palenfs scope is deiined by its claims. and you will see that each ofthe above—listed patents have ditlerem claims. While those differences matter and mean each patent · is distinct. the patents listed above do, as a group. generally relate to the same technology ticld, and cover what at the time was a groundbreaking distributed computer architecture and process for digital document managemcm. Au illustrative embodiment of the architecture ofthe patents is provided in Figure 28. which is reproduced here for your reference, m·uc"m¤ss__ E_M,,,l_ Lommiss _ J 4 <~ <~ `· -· { DIGITAL ` F%LES ,' -> rx, · w `°’ · uggu, VIRTUAL L»£**!,\'VA?·I lg A é massa ayvzs ¤ V 4 ·_ xnzwapum _· ie $ Ei .· . “ ""€·lZ5?2:::2”" Palma ow es zwuixewcmp pemwenm [ile. mi Fig. 28 A good example of an infringing system. aud one your company likely uses, is an otlicc local area network ("LAN") which is in communication with Z1 sewer, employee compuicrs having email softwaxe such as Outlook or Lotus, zmd a ‘;hird—pz1rty scanner (or a multbliinctiou primer with scanning functionality) which permits the scanning ol`a document directly to employee email address as a pdf attachment. Such a system would be za typical example ofwhal infringes There are other examples listed further below. We note here that the scope ofthe patents is technically defined by the claims, and thc language 0i"tl*ie claims de lines the legal scope of the patents. The more generalized examples provided in this letter are for your convenience and should not be considered exact substitutes lor the more detailed claims. As such. you may End it useful to consider, as illustrative examples, claims l··5 of the '426 Patent. Reviewing those you can see that the parent claims are directed no a system having 21 digital copieat/scam1er1'multiiuncti0n device with an interface to office equipment (or Lo the web) and related software, For scamiiug or copying and transmitting images clecmmically to one or more destinations such as email, applications or caller local Files. Coverage ofthis type of system, and of the more generally worded example in the previous paragraph, is further reflected in claims l, 3 and 15 of Lhe ’4l G Patent, claims l2 and 15 of the *381 Patent, and claims 9 and l6 of the '59O Patent. Obviously each claim is separately drafted and you should consider thc scope of each claim separately. To assist you iu couiixming that you need a license, we provide illustrative examples of iuhingiug systems below in the form of a brief set of fact checklists that you can use to determine if your system is one for which you should contact us about a license. lf you can answer "YES" to each question under any ofthe scenmios A through C below, then you should contact us promptly. I X 4 l Page 3 A. Hnternem*orking of ScannerlMFP and Email (SMTP, lh/KAP, POP3) · Yes [*3; Q m 1. Does your company use document scanning equipruenl that is network V addressable (ic., it has an {P address and can conununrcare on your network); n ;i 2. Does your company use lvlicrosoll Exchange/Ourloolo Lotus Domino/Nores or zi cornpnrable system for company email; lj rs: 3, Are at least some of your employees email addresses loaded imo ihe scanner. so that you can select to whom you wish to send a scanned doc umem by email; or, aliemzuivszly, crm you manually input an employees email address into the scanner to whom you wish o scanned document to be sent; and m rs 4. Can you cause your scanner to tramsfomr your paper document to a pdf lilo, and have it automatically transmitted IO one or more of your employees by emails By automatically, we mean that pressmg zr "Srart" or j‘Go" button instigates both the copying ofthe document and the uuiornuuc transrmssion of the document to its intended desainratlon (such as a Microsoft Outlook email inbox). Br Scanner/MFP and Sharepoint (HTTP and HTTPS) I3 Q l. Does your company use document scanning equipment that is network addressable (ie., it has an lP address and can commurucaie on your nexwork); an Cl 2. Does your oompany use Microsoft Sharepoint; and ¤ in 3. ls your scanner equipmena configured so that you can scan zi document and automaucally transmit it to az Sharepoint site address E. Sczrmer/MF? amd }r’TP/SFT? Site cs ¤ l. Does your company use document scanning equipment thai is network addressable (ie. r it has an LP address and can communicate on your network); an in 2. Does your company use File Transfer Protocol and/or Secure File 'Yransfer Protocol; and nz ::1 3. ls your scanner equiprnem eonligurcd so that you can scan 21 document ond autornatrcally transmit iz to an FTP or SFT? site. Our research, which includes review ofseverul niarketpluee trends and surveys, including vanous lDC reports, lnforrends repons and market share analyses as well as a recent survey of an UT service company about {he internal network environments of its clients. has lcd us to the conclusion that an overwhelming mqiorily ofeompnnies like yours uiilize systems that are set up to prucriee at leost one ofscennrios A through C above. lndeed, such praciiees are now standard an many mciusirres. As 21 cornrnon example. our investigation has shown that most businesses have migrated to jehe usage of corporate email servers running Exchange or Lotus Domino»Notes i and have further xncorpormecl dzgzml scanning imo zheir workflows. ` _ Page 4 As your organization aimost ceiwtainly uses in its day-to-day operations digital copied scan1ier1'mu1tif`unclion equipment which is imerihccd to 21 separate central office computer {an office network), so that digital images may be scanned and transmitted to one or more ` destinations such as email accounts and other applications! you should entex into a Iicense agreement with us at this aime. ‘ Ifyou beiieve you are in the unusual position of not having a system that can practice amy Q of scenarios A through C outlined above, or otherwise avoids the requirements of the patent a claims, please contact us so we may discuss means for confirming that. U pon appropriate [ confirmation., we would agree you have no need ofa license and would not imend to pursue the { manor funher unless cimumsmnces changed in a way to warrant reopening a reasonable: inquiry. The materials we likely wouid require could include copies of the user manuals for your office copying/scarming equipmoni. along with the IP addresses and 2012 daiiy activity logs lor each of them, as well as the registry ofeach of the eniii servers und file servers used in your company, These would ailow us to determine whether we ages: with your assessment. Ofcouise, we are g wiiiing to treat any infonnazion you provide us as confidential and we wiil sign sa norvdisciosure agreenicnt to that effect if you so desire. We should note that the examples A through C above Q are not an exhaustive list of the systems which may iniiinge. and thai ix may be determined that your system nevertheless requires a license even if it docs not exactly Et one of Lhe more common examples we have provided in this loner. However, when you provide us with the above information, we will be abie to make than determination and explain that situation to you, i if it exists. { 5 You should know also that we have had a positive response from the business conmmnity i to our Iicensing progmm. As you can imagine, most businesses, upon beiri innxrmed that they I are infringing someones patent rights, are inicrested in operating Xawfuily and taking a license i promptiy. Many companies have responded to this licensing program in such zi manner. Their doing so has allowed us to determine that az fair price for 21 license negotiated in good ikiixh and i without ihe need for court action is a payment of $900 per employee. We trust that your j organization wiil agree to conihnn your behavior to respect our patent iighis by negotiating ai license razher than continuing to accept the benefits of our patented technology without a iicense. Q Assuming this is the case, we are prepared to make this pricing available to you. ‘ i As part of our licensing program, we have received cenain common inquiries that I fiequenily are asked. in anticipation that you might have some of those same quescions. and with an interest in addxessing those sooner than Eater, we wish to provide some additional information as well. · _ One common question we have Been asked is why we are not contacting the i manufacturers of the scanning equipment or application software direuiy. The answer is our patent righzs do not claim any scanning equipment, network iiie systems? FT? or Sharepoint i sites, or email systems alone. Instead, our patent rights are addressed to and user enterprise A systems which use network scanners or MFPs inieroperably with other soiiwzne/systeins in order to pyacticc: the patented solution. As such, we would not. and do not. expect any manufacturer of a particular piece of equipment or soiiwarc to accept any responsibility for the infringement created by the overall system, of which their product is only a part. Further, we expect that ifyou review your own agreements with these niarxufacturers. you wili {ind that likewise they do noi owe you any duay to indemnify you for situations where you combine zi piece of equipment or g softwawe with other equipment oi softwaxe to make ai iargcr, more iniegrmed (and useful) system. I 1 Page 5 Another common question is whether (cr why) you have been singled out to receive this ` ` {cum-, as you may believe there are other cnmpamics likc you that have nqt been comaactedl Our response to that is to assure you that wc have an ongoing vigorous iiccnsmg program iljut as being handled as promptly as possible. cmd Lhat we fully expect to address the cumpamcs who are in need of za license. Thai said, your infringement ofthe patem rights is not justified by the i1'11}'iHg€1'{‘l€1]£ by othcrsq as we aw: sure you understand. We do invite you to acnsuh with :1 paiem aucmcy regarding this matter. Fatcms are exclusive property rights granted by law, and there can bc serious consequences for infiingcmcm. lnfringcrs who continue- to infkingc in the face cfm objectively high risk of infringement of a valid patent can bc forced in pay treble (triple) thc actual damages. as wcli as thc patent ownefs litigaiion costs, including all att0mcy’s Fees. Please let us hear thm you within wm weeks of rhs: date of this letter. so that wc may agree with you upon an appmpdatc license arrangement if nm: is needed. You may answer by contacting us by mail, phone. or cmail at xhe address provided zu thc start ofthis latter, We 100k fmward to hearing hom you. Sincerely. The Licensing Team AELLML LLC i I