OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`1. One or more
`computer-readable non-
`transitory storage media
`embodying software
`operable when executed
`to:
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`Multiple web pages on Fingerhut’s website1 implement and/or include one or more computer-readable
`non-transitory storage media embodying software. For example, the home page for the Fingerhut website,
`which may be accessed and displayed on a web browser at a user’s computer system, includes a
`“Feedback” icon powered by Qualtrics Labs (Qualtrics) feedback solutions that enable Qualtrics Comment
`Cards. The Qualtrics feedback solutions including Comment Cards allow for users that access
`Fingerhut.com to submit various types of page-specific feedback (such as ratings and comments)
`concerning the particular web page by selecting the “Feedback” icon, an example of which is identified
`below.2
`
`
`
`1 These infringement contentions use the Fingerhut website only as an example and similarly apply to Qualtrics’ feedback solutions, products, and services and
`associated comment cards (including, but not limited to, Qualtrics’ Research Suite and Site Intercept solutions, products, and services) that are utilized on or in
`connection with websites of Qualtrics and/or Qualtrics Customer websites, including Kmart (kmart.com), Move.com (move.com), and Sears (sears.com), which
`are substantially similar implementations.
`2 The identification and illustration of particular portions of web pages are offered by example only and should not be limiting in any way. OpinionLab reserves
`the right to amend, and/or supplement these contentions as may be appropriate.
`
`Fingerhut.com
`
`
`
`Page 1 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`provide a user-selectable
`element viewable on
`each of a plurality of
`particular web pages of a
`website upon initial
`display of a particular
`web page and soliciting
`page-specific user
`feedback concerning the
`particular web page
`upon initial display of
`the particular web page,
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`Most, if not all, web pages on the Fingerhut website implementing Qualtrics feedback solutions including
`Comment Cards include a “user-selectable element” that is viewable on each of a plurality of particular
`web pages of the website (e.g., such as the Fingerhut home page from fingerhut.com) and solicits page-
`specific user feedback concerning the particular web page upon initial display of the particular web page.
`
`For example, multiple web pages on the Fingerhut website (such as the Fingerhut home page) include a
`“Feedback” icon (i.e., the “user-selectable element”), an example of which is identified below. When the
`user navigates to and accesses the Fingerhut.com home page (or other particular web page), the
`“Feedback” icon is viewable upon initial display of the web page. This icon solicits page-specific user
`feedback, such as subjective ratings and/or open-ended comments, concerning a particular web page from
`each user accessing the web page. This is ultimately accomplished via the mechanism explained further
`below by which the user provides and submits such page-specific user feedback concerning the particular
`web page. Indeed, users familiar with this feedback collection system know from experience that they
`must first select the icon to provide the page-specific user feedback, such as through subjective rating
`and/or open-ended comments, concerning the particular web page. The solicitation occurs automatically
`upon the user navigating to and accessing the Fingerhut.com home page (or other particular web page),
`and the user need not provide input.
`
`
`Page 2 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Fingerhut.com.
`
`A more detailed image of this “Feedback” icon is shown below, soliciting the customer to “Rate This
`Page.”
`
`
`
`
`
`Fingerhut.com Feedback Icon
`
`Upon user selection of the “Feedback” icon, the Qualtrics Comment Card is displayed to the user. The
`Comment Card shown below allows the user to provide page-specific user feedback concerning the
`
`Page 3 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`particular web page. For instance, the “Page Ratings” section of the Comment Card allows the user to
`provide feedback in the form of one or more ratings based upon the user’s perceived impressions of the
`particular web page as a whole. The “Overall” rating allows the user to provide a page-specific subjective
`rating of the particular web page as a whole, and each of the “Product Information,” “Look and Feel,” and
`“Ease of Use” ratings allows the user to rate at least one characteristic of the particular web page as a
`whole. Each of these numerical rating scales allows the user to rate the particular web page as a whole
`using a one to five (1-5) scale with at least one positive, neutral, and negative rating.
`
`
`Qualtrics Comment Card from Fingerhut.com.
`
`Further, the “Comments about this page” text box of the Comment Card shown below allows the user to
`provide open-ended comments concerning the particular web page without any limitation as to substance.
`
`
`
`
`Page 4 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Qualtrics Comment Card from Fingerhut.com.
`
`The associated text (e.g., “Page Ratings,” “Comments about this page,” and “Please take a moment to rate
`this page”) confirms that any entered subjective ratings or comments may concern the particular web page.
`
`
`
`
`Page 5 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`
`Qualtrics Comment Card from Fingerhut.com.
`
`It is also clear that the Qualtrics feedback solutions including Comment Cards operate on a page-specific
`basis, even where the Comment Card does not explicitly confirm that any entered feedback concerns the
`particular web page, because, for example, in order to request a Comment Card, the system constructs the
`Comment Card’s URL to include a “PageURL” component. As such, this component embedded within
`the URL is one method for later associating the particular web page with any feedback concerning that
`particular web page for analytics, reporting, or other purposes. For example, when fingerhut.com is the
`particular web page for feedback, the URL appears as:
`“PageURL=http%3A%2F%2Fwww.fingerhut.com%2F”.3
`
`As can be seen from the source code of the Qualtrics Comment Card below, the particular web page,
`
`3 The full URL for the fingerhut.com Comment Card is: http://bluestembrands.az1.qualtrics.com/SE/?SID=SV_41le6U2PrJjvJad&Pagetype=site+section&
`PageURL=http%3A%2F%2Fwww.fingerhut.com%2F&Timeonsite=0%7C0&CustomerID=undefined&pagecount=4.
`
`Page 6 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`identified by the “Referer” label, is also embedded within the Qualtrics Comment Card itself.
`
`
`Qualtrics Comment Card from Fingerhut.com – Source Code
`
`
`Qualtrics’ Customer Support pages on its website confirm that the particular web page is embedded and
`included with the Comment Card to be utilized with feedback concerning the particular web page:
`
`
`
`
`. . .
`
`
`
`Excerpted from Qualtrics, “Embedded Data,” available at
`http://qualtrics.com/university/researchsuite/advanced-building/survey-flow/embedded-data/
`
`
`
`
`Page 7 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`Excerpted from Qualtrics, “Embedded Data,” available at http://qualtrics.com/university/site-
`intercept/intercepts/intercept-options/embedded-data/
`
`See also Qualtrics, “Feedback Link,” available at http://qualtrics.com/university/site-
`intercept/creatives/passive-creatives/feedback-link/ (“Add Embedded Data to the Intercept to track which
`page the visitor was on when they clicked the Feedback Link. For more information refer to the Embedded
`Data page.”).
`
`In addition, this page-specificity of the feedback is apparent because it is provided in response to the user
`navigating to and accessing a particular web page and then subsequently selecting the “Feedback” icon to
`trigger the Comment Card concerning that particular web page. Moreover, independent of any user
`
`Page 8 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`knowledge of the page-specific nature of the feedback, the Qualtrics feedback solutions including
`Comment Cards system ultimately collects, analyzes, and reports all feedback as it concerns the particular
`web page regardless of whether the user explicitly identifies the feedback as concerning the particular web
`page.
`
`Qualtrics confirms that its feedback solutions allow end-users to provide user feedback, for example:
` “Receiving website feedback is easy with the Feedback Link. This allows you to know what your
`website visitors are thinking and improve their experience.” Qualtrics, “Website Feedback,”
`available at http://qualtrics.com/university/researchsuite/distributing/more-distribution-
`methods/website-feedback/.
` “The Feedback Link collects visitor’s opinions of your website. . . . Because a Feedback Link is
`passive, it may attract extreme viewpoints in the survey results – people who actively seek out a
`way to provide feedback because they either had an exceptionally positive or an exceptionally
`negative experience. . . . In general the Feedback Link is appropriate for collecting reactive website
`feedback.” Qualtrics, “Feedback Link,” available at http://qualtrics.com/university/site-
`intercept/creatives/passive-creatives/feedback-link/.
` “The Matrix Table allows you to ask many multiple choice questions that use the same answer
`choice scale. . . . Likert: Allows you to place a scale of choices across the top.” Qualtrics, “Basic
`Building - Question Types Guide,” available at http://qualtrics.com/university/researchsuite/basic-
`building/editing-questions/question-types-guide/.
` “Text Entry questions allow respondents to type in verbatim responses, such as comments and
`contact information.” Qualtrics, “Basic Building - Question Types Guide,” available at
`http://qualtrics.com/university/researchsuite/basic-building/editing-questions/question-types-guide/.
` “Businesses adopt the platform to gather insights and deliver content based specifically on
`customer feedback. This data informs the development of website functionality and usability
`enhancements.” Qualtrics, “Qualtrics Site Intercept Adoption Skyrockets, Growing Nearly 200
`Percent” (Aug. 22, 2013), available at http://qualtrics.com/press/press-releases/qualtrics-site-
`intercept-adoption-skyrockets-growing-nearly-200-percent/.
` “Feedback: The web shouldn’t be a one-way form of communication. Know what your visitors are
`thinking by providing them with a place to talk to you. You can even link to a Qualtrics survey. In
`fact, we recommend it.” Qualtrics, “Site Intercept,” available at http://qualtrics.com/site-intercept/.
`
`Page 9 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`the user-selectable
`element appearing
`identically and behaving
`consistently on each of
`the plurality of particular
`web pages; and
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
` “Feedback: Whether you use the built-in feedback creative or not, gathering accurate information
`for your visitors to improve their experience is crucial. It’s hard to have direction without
`information, and Site Intercept makes it easy.” Qualtrics, “Site Intercept,” available at
`http://qualtrics.com/site-intercept/.
`
`
`OpinionLab contends that this element is literally present. However, to the extent that the element is found
`to not be literally present, OpinionLab contends that, as demonstrated above, the elements are present
`under the doctrine of equivalents because the Qualtrics feedback solutions including comment cards found
`on Fingerhut web pages have at most insubstantial differences as compared to this element and/or perform
`substantially the same function in substantially the same way to yield substantially the same result as this
`element.
`
`This element, as applied and shown above as to the Fingerhut website, similarly applies to additional
`Qualtrics Customer websites, including Kmart (kmart.com), Move.com (move.com), and Sears
`(sears.com), which are substantially similar implementations.
`
`The “Feedback” icon appears identically and behaves consistently on each of the plurality of particular
`web pages.
`
`For example, many of the web pages on the Fingerhut website include a “Feedback” icon (i.e., the “user-
`selectable element”), an example of which is identified below. This icon is viewable when the user
`navigates to and accesses the Fingerhut home page (or other particular web page).
`
`
`Page 10 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Fingerhut.com.
`
`A substantially similar icon appears identically and behaves consistently on most, if not all, Fingerhut web
`pages implementing the Qualtrics feedback solutions including Comment Cards, including the Fingerhut
`web page for “Kitchen.”
`
`
`
`
`
`Page 11 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Fingerhut.com – “Kitchen”
`
`
`
`
`See Fingerhut, “Kitchen,” available at http://www.fingerhut.com/section/Kitchen/10.uts.
`
`OpinionLab contends that this element is literally present. However, to the extent that the element is found
`to not be literally present, OpinionLab contends that, as demonstrated above, the Qualtrics Comment Card
`software utilized with multiple web pages on the Fingerhut website performs substantially the same
`function in substantially the same way to yield substantially the same result as this element and therefore
`infringes under the doctrine of equivalents.
`
`Page 12 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`receive the page-specific
`user feedback
`concerning the particular
`web page for reporting
`to an interested party,
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`This element, as applied and shown above as to the Fingerhut website, similarly applies to additional
`Qualtrics Customer websites, including Kmart (kmart.com), Move.com (move.com), and Sears
`(sears.com), which are substantially similar implementations.
`
`The Qualtrics feedback solutions including Comment Cards software is operable to receive the page-
`specific user feedback concerning the particular web page.
`
`For example, upon the user accessing the particular web page and selecting the “Feedback” icon, the
`Qualtrics Comment Card shown below becomes viewable on the particular web page. Within the
`Comment Card, the user may provide page-specific feedback concerning the particular web page through
`subjective ratings and/or open-ended comments via either the “Page Ratings” or “Comments about this
`page” sections of the Comment Card. The user may then submit page-specific feedback to Qualtrics (as
`the feedback vendor for Fingerhut) by selecting the “Submit Feedback” button.
`
`
`Page 13 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`Qualtrics Comment Card from Fingerhut.com.
`
`
`
`
`Qualtrics Comment Card from Fingerhut.com.
`
`
`The page-specific feedback concerning the particular web page may also be reported to an interested party.
`
`For example, Qualtrics describes a variety of reporting mechanisms to an interested party, such as a
`website owner like Fingerhut:
` “The View Reports section is designed to help you create quick, useful reports from your data.
`These reports are ideal for producing a standard report of your whole survey with basic filters and
`customization.” See Qualtrics, “About Viewing Reports,” available at
`http://qualtrics.com/university/researchsuite/reporting/view-reports/about-viewing-reports/.
` “Graphs For Every Need: * Display data with over 30 different graph types. * Format each graph’s
`color, size, axis, & display settings. * Render graphs in Flash or export to Word, PowerPoint, or
`
`Page 14 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`the page-specific user
`feedback concerning the
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`PDF.” See Qualtrics, “Analysis and Reporting,” available at http://qualtrics.com/research-
`suite/survey-analysis-reporting/.
` “Filter Data: * Filter survey results by date range, subgroup, or completion status. * Track how a
`specific group responded to a survey. * Create subgroups using question responses or embedded
`data.” See Qualtrics, “Analysis and Reporting,” available at http://qualtrics.com/research-
`suite/survey-analysis-reporting/.
` “Drill Downs: * See a side-by-side comparison of demographic groups. * View answers to every
`question grouped by a specific element. * Drill down by survey questions, scoring categories, or
`embedded data.” See Qualtrics, “Analysis and Reporting,” available at
`http://qualtrics.com/research-suite/survey-analysis-reporting/.
` “Custom Reports: * Track the data you care about. * Customize reports to your company’s needs. *
`Share password-protected survey results with anyone. Qualtrics can create custom reports
`especially for you. It is the best way to track what is happening while your surveys are deployed.
`These interactive reports are customized to your company’s needs, updated as new data streams in
`and can be accessed by anyone with a password – even if they don’t have a Qualtrics account.” See
`Qualtrics, “Enterprise Feedback Management,” available at http://qualtrics.com/research-
`suite/enterprise-feedback-management/.
`
`OpinionLab contends that this element is literally present. However, to the extent that the element is found
`to not be literally present, OpinionLab contends that, as demonstrated above, the elements are present
`under the doctrine of equivalents because the Qualtrics feedback solutions including comment cards found
`on Fingerhut web pages have at most insubstantial differences as compared to this element and/or perform
`substantially the same function in substantially the same way to yield substantially the same result as this
`element.
`
`This element, as applied and shown above as to the Fingerhut website, similarly applies to additional
`Qualtrics Customer websites, including Kmart (kmart.com), Move.com (move.com), and Sears
`(sears.com), which are substantially similar implementations.
`
`The page-specific user feedback concerning the particular web page may be provided by a user while the
`user remained at the particular web page.
`
`Page 15 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`particular webpages
`having been provided by
`a user while the user
`remained at the
`particular web page, and
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`For example, upon the user accessing the particular web page and selecting the “Feedback” icon, the
`Qualtrics Comment Card shown below becomes viewable on the particular web page. Within the
`Comment Card, the user may provide page-specific feedback concerning the particular web page through
`subjective ratings and/or open-ended comments via either the “Page Ratings” or “Comments about this
`page” sections of the Comment Card. The user may then submit page-specific feedback to Qualtrics (as
`the feedback vendor for Fingerhut) by selecting the “Submit Feedback” button. In addition, as shown
`below, the user may remain at and need not navigate away from Fingerhut.com in order to provide the
`page-specific feedback through the Qualtrics Comment Card.
`
`
`Page 16 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Fingerhut.com Home Page with Qualtrics Comment Card
`
`
`OpinionLab contends that this element is literally present. However, to the extent that the element is found
`to not be literally present, OpinionLab contends that, as demonstrated above, the elements are present
`under the doctrine of equivalents because the Qualtrics feedback solutions including comment cards found
`on Fingerhut web pages have at most insubstantial differences as compared to this element and/or perform
`substantially the same function in substantially the same way to yield substantially the same result as this
`element.
`
`
`
`Page 17 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`the page-specific user
`feedback comprising one
`or more page-specific
`subjective ratings of the
`particular web page and
`one or more associated
`page-specific open-
`ended comments
`concerning the particular
`web page,
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`This element, as applied and shown above as to the Fingerhut website, similarly applies to additional
`Qualtrics Customer websites, including Kmart (kmart.com), Move.com (move.com), and Sears
`(sears.com), which are substantially similar implementations.
`
`The page-specific user feedback comprises (1) one or more page-specific subjective ratings of the
`particular web page and (2) one or more associated page-specific open-ended comments concerning the
`particular web page.
`
`
`For example, upon the user accessing the particular web page and selecting the “Feedback” icon, the
`Qualtrics Comment Card shown below becomes viewable on the particular web page. The Comment Card
`allows the user to provide page-specific user feedback, through subjective ratings and open-ended
`comments, concerning the particular web page. For instance, the “Page Ratings” section of the Comment
`Card allows the user to provide feedback in the form of one or more ratings based upon the user’s
`perceived impressions of the particular web page as a whole. The “Overall” rating allows the user to
`provide a page-specific subjective rating of the particular web page as a whole, and each of the “Product
`Information,” “Look and Feel,” and “Ease of Use” ratings allows the user to rate at least one characteristic
`of the particular web page as a whole. Each of these numerical rating scales allows the user to rate the
`particular web page as a whole using a one to five (1-5) scale with at least one positive, neutral, and
`negative rating.
`
`
`Page 18 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Qualtrics Comment Card from Fingerhut.com.
`
`Further, the “Comments about this page” text box of the Comment Card shown below allows the user to
`provide open-ended comments concerning the particular web page without any limitation as to substance.
`
`
`
`
`Page 19 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`Qualtrics Comment Card from Fingerhut.com.
`
`The associated text (e.g., “Page Ratings,” “Comments about this page,” and “Please take a moment to rate
`this page”) confirms that any entered subjective ratings or comments may concern the particular web page.
`
`
`
`
`Page 20 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`
`Qualtrics Comment Card from Fingerhut.com.
`
`It is also clear that the Qualtrics feedback solutions including Comment Cards operate on a page-specific
`basis, even where the Comment Card does not explicitly confirm that any entered feedback concerns the
`particular web page, because, for example, in order to request a Comment Card, the system constructs the
`Comment Card’s URL to include a “PageURL” component. As such, this component embedded within
`the URL is one method for later associating the particular web page with any feedback concerning that
`particular web page for analytics, reporting, or other purposes. For example, when fingerhut.com is the
`particular web page for feedback, the URL appears as:
`“PageURL=http%3A%2F%2Fwww.fingerhut.com%2F”.4
`
`
`4 The full URL for the fingerhut.com Comment Card is: http://bluestembrands.az1.qualtrics.com/SE/?SID=SV_41le6U2PrJjvJad&Pagetype=site+section&
`PageURL=http%3A%2F%2Fwww.fingerhut.com%2F&Timeonsite=0%7C0&CustomerID=undefined&pagecount=4.
`
`Page 21 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`As can be seen from the source code of the Qualtrics Comment Card below, the particular web page,
`identified by the “Referer” label, is also embedded within the Qualtrics Comment Card itself.
`
`
`Qualtrics Comment Card from Fingerhut.com – Source Code
`
`
`Qualtrics’ Customer Support pages on its website confirm that the particular web page is embedded and
`included with the Comment Card to be utilized with feedback concerning the particular web page:
`
`
`
`
`. . .
`
`
`
`Excerpted from Qualtrics, “Embedded Data,” available at
`http://qualtrics.com/university/researchsuite/advanced-building/survey-flow/embedded-data/
`
`
`
`
`Page 22 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`
`
`Excerpted from Qualtrics, “Embedded Data,” available at http://qualtrics.com/university/site-
`intercept/intercepts/intercept-options/embedded-data/
`
`See also Qualtrics, “Feedback Link,” available at http://qualtrics.com/university/site-
`intercept/creatives/passive-creatives/feedback-link/ (“Add Embedded Data to the Intercept to track which
`page the visitor was on when they clicked the Feedback Link. For more information refer to the Embedded
`Data page.”).
`
`In addition, this page-specificity of the feedback is apparent because it is provided in response to the user
`navigating to and accessing a particular web page and then subsequently selecting the “Feedback” icon to
`trigger the Comment Card concerning that particular web page. Moreover, independent of any user
`
`Page 23 of 203
`
`Qualtrics, LLC
`Exhibit 1008
`
`

`

`OpinionLab, Inc.’s Initial Infringement Contentions (Case No. 1:13-cv-01574), Ex. A-6 – U.S. Patent 8,041,805
`
`Claim 1 of
`U.S. Patent 8,041,805
`
`Accused Instrumentality
`Fingerhut.com Utilizing Qualtrics Feedback Solutions Including Comment Cards
`knowledge of the page-specific nature of the feedback, the Qualtrics feedback solutions including
`Comment Cards system ultimately collects, analyzes, and reports all feedback as it concerns the particular
`web page regardless of whether the user explicitly identifies the feedback as concerning the particular web
`page.
`
`Qualtrics confirms that its feedback solutions allow end-users to provide user feedback, for example:
` “Receiving website feedback is easy with the Feedback Link. This allows you to know what your
`website visitors are thinking and improve their experience.” Qualtrics, “Website Feedback,”
`available at http://qualtrics.com/university/researchsuite/distributing/more-distribution-
`methods/website-feedback/.
` “The Feedback Link collects visitor’s opinions of your website. . . . Because a Feedback Link is
`passive, it may attract extreme viewpoints in the survey results – people who actively seek out a
`way to provide feedback because they either had an exceptionally positive or an exceptionally
`negative experience. . . . In general the Feedback Link is appropriate for collecting reactive website
`feedback.” Qualtrics, “Feedback Link,” available at http://qualtrics.com/university/site-
`intercept/creatives/passive-creatives/feedback-link/.
` “The Matrix Table allows you to ask many multiple choice questions that use the same answer
`choice scale. . . . Likert: Allows you to place a scale of choices across the top.” Qualtrics, “Basic
`Building - Question Types Guide,” available at http://qualtrics.com/university/researchsuite/basic-
`building/editing-questions/question-types-guide/.
` “Text Entry questions allow respondents to type in verbatim responses, such as comments and
`contact information.” Qualtrics, “Basic Building - Question Types Guide,” available at
`http://qualtrics.com/university/researchsuite/basic-building/editing-questions/question-types-guide/.
` “Businesses adopt the platform to gather insights