- Filed
- May 30, 2025
- Last modified
- May 27, 2026
- Petitioner
- TikTok Inc.
- Inventor
- THOMAS L. DISTEFANO III
Invalidity dossier
US 11763316
Server system configured to provide graphical user interface for modifying web pages to include hyperlinks
Current assignee: DiStefano Website Innovations, LLC
Added 5/14/2026, 6:01:48 AM
Active provider: Google · gemini-2.5-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
Here is a concise summary of US patent 11763316:
- Title: Server system configured to provide graphical user interface for modifying web pages to include hyperlinks
- Assignee: Distefano Website Innovations LLC
- Inventors: Thomas L. DiStefano, III
- Filing Date: 2013-07-19
- Issue Date: 2023-09-19
- Abstract: A method, within and by a computer hardware system that is configured to serve a first web page associated with a first user and a second web page associated with a second user, includes the following. A reciprocal arrangement is established between the first web page and the second web page based upon both the first and second users opting to participate in the reciprocal arrangement. A second functional identification element associated with the first entity is included within the second web page and based upon the reciprocal arrangement. A first functional identification element associated with the second entity is included within the first web page and based upon the reciprocal arrangement. The second functional identification element includes a link to the first web page, and the first functional identification element includes a link to the second web page.
Plain-Language Overview of Independent Claims:
Independent Claim 1 (Method for Reciprocal Marketing): This claim describes a computer-implemented method for setting up a reciprocal marketing arrangement between two different users' websites. The method involves a computer system performing steps such as:
- Hosting a first website for a first user and a second website for a second user.
- Receiving an indication from both the first and second users that they want to participate in a reciprocal marketing arrangement.
- Including a "functional identification element" (e.g., a banner ad or link) for the first user's website on the second user's website.
- Including a "functional identification element" for the second user's website on the first user's website.
- These elements specifically include a link to the respective other website.
- The system monitors and charges the first user for the marketing element displayed on the second website.
Independent Claim 15 (Computer-Readable Storage Medium for Marketing): This claim covers a computer-readable storage medium (like a hard drive or solid-state drive) that contains computer-executable instructions. When these instructions are executed by a computer, they cause the computer to perform the method steps outlined in Claim 1 for establishing reciprocal marketing between websites. The elements include the first and second users opting in, incorporating a marketing element for the first website on the second website, and vice-versa, with the elements being links, and monitoring and charging the first user.
Independent Claim 23 (Computer-Readable Storage Medium for E-commerce): This claim describes a computer-readable storage medium with instructions that, when executed, assist a website designer in adding e-commerce features to their website. The steps include:
- Receiving a selection of an e-commerce feature (like a shopping cart or auction) via a user interface.
- Receiving product information through the user interface, such as a picture, description, price, and identification number for a product to be sold.
- Receiving an identifier for a merchant account via the user interface.
- Displaying the selected e-commerce feature on the website, along with the product information, when the website is activated online.
Independent Claim 29 (Internet-Based System for Marketing and E-commerce): This claim defines an internet-based system for helping website designers with marketing and e-commerce. The system includes:
- A server computer accessible by various user computers over the internet.
- The server computer is configured to receive information through a user interface about a marketing element (like a banner ad or link) to be displayed on a second website, as well as information specifying that second website.
- The server saves this marketing information in a database.
- The server obtains the marketing element.
- The server hosts the second website, activates the first website by hosting it, and then provides a web page of the second website to a user, displaying the marketing element on that web page.
Litigation Information (as of April 26, 2026):
The patent 11763316 is currently involved in litigation, as indicated by the Google Patents information:
- PTAB Case: IPR2025-01061 has been filed and is currently pending (Instituted).
- US District Court Cases: Multiple cases have been filed:
- Texas Western District Court (case: 1:24-cv-00763)
- Texas Eastern District Court (case: 2:24-cv-00874)
- California Northern District Court (case: 5:25-cv-10578)
- California Northern District Court (case: 3:25-cv-10578)
A search of CAFC 2026 dockets specifically for US11763316 does not return any directly matching cases as of the current date (April 26, 2026). The PTAB and District Court cases mentioned above are still in their respective phases and have not yet reached the Court of Appeals for the Federal Circuit for 2026. Therefore, there is no authoritative information about CAFC 2026 dockets for this specific patent available at this time.
Generated 5/15/2026, 6:49:11 PM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 11763316. The free-form analysis below may also discuss cases beyond this list.
- DiStefano Website Innovations, LLC v. Bytedance Ltd et al.filed Oct 29, 20243:2025cv10578U.S. District Court for the Northern District of CaliforniaActive
Defendants: Bytedance Ltd, ByteDance Pte. Ltd., Tik Tok Ltd., and 1 other
- IPR2025-01061Patent Trial and Appeal Board (PTAB)Pending - Instituted
Defendants: Distefano Website Innovations, LLC
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
The patent text for US11763316B2 explicitly mentions several litigation cases, and the search results provide further details and confirmation.
Here's a summary of known litigation involving US patent 11763316:
1. PTAB Inter Partes Review (IPR)
- Case Number: IPR2025-01061 [cite: Original Patent Text]
- Plaintiff(s): Unified Patents (Petitioner) [cite: Original Patent Text, 2]
- Defendant(s): Distefano Website Innovations, LLC (Patent Owner) [cite: Original Patent Text, 2]
- Jurisdiction: Patent Trial and Appeal Board (PTAB)
- Filing Date: Not explicitly stated in the provided snippets, but the status indicates it was "filed (Pending - Instituted)" [cite: Original Patent Text]. Unified Patents announced a PATROLL contest seeking prior art on at least claim 1 of the patent, implying an ongoing challenge.
- Outcome/Current Status: Pending - Instituted. [cite: Original Patent Text]
2. District Court Litigation: Texas Eastern District Court
Case Number: 2:24-cv-00874 [cite: Original Patent Text, 3]
Plaintiff(s): Distefano Website Innovations, LLC
Defendant(s): ByteDance Ltd., ByteDance Pte. Ltd., TikTok Ltd., and HELIOPHILIA PTE. LTD.
Jurisdiction: U.S. District Court for the Eastern District of Texas [cite: Original Patent Text, 3]
Filing Date: October 29, 2024.
Outcome/Current Status: This case was transferred to the U.S. District Court for the Northern District of California.
Note: There are other cases with similar numbers (e.g., Pauly et al v. Hartford Insurance Company of the Midwest, No. 2:2024cv00874 in the Middle District of Florida and Jacobs v. Seattle Children's Hospital (2:24-cv-00874) in the Washington Western District Court), but based on the plaintiff and defendant, the one against ByteDance is the relevant litigation for US11763316.
3. District Court Litigation: California Northern District Court (Transferred Case)
- Case Number: 3:2025cv10578 [cite: Original Patent Text, 4]
- Plaintiff(s): DiStefano Website Innovations, LLC
- Defendant(s): Bytedance Ltd, ByteDance Pte. Ltd., Tik Tok Ltd. and HELIOPHILIA PTE. LTD.
- Jurisdiction: U.S. District Court for the Northern District of California [cite: Original Patent Text, 4]
- Filing Date: December 10, 2025.
- Outcome/Current Status: This case was transferred in from the Eastern District of Texas (case 2:24-cv-00874). An Initial Case Management Conference is set for March 11, 2026.
4. District Court Litigation: Texas Western District Court
- Case Number: 1:24-cv-00763 [cite: Original Patent Text]
- Plaintiff(s): Not explicitly stated in the provided snippets.
- Defendant(s): Not explicitly stated in the provided snippets.
- Jurisdiction: Texas Western District Court [cite: Original Patent Text]
- Filing Date: Not explicitly stated in the provided snippets.
- Outcome/Current Status: The original patent text only states "US case filed in Texas Western District Court". The search results for 1:24-cv-00763 show cases like STEELE v. CHOPRA in the District of Columbia and EEOC v. Cinergy Entertainment Group, Inc. in the Western District of North Carolina, which are clearly not related to patent 11763316. Therefore, I do not have sufficient information to provide details for a patent litigation case with this number and jurisdiction directly tied to US11763316.
5. District Court Litigation: California Northern District Court (Different Case Number from the transferred one)
- Case Number: 5:25-cv-10578 [cite: Original Patent Text]
- Plaintiff(s): Not explicitly stated in the provided snippets.
- Defendant(s): Not explicitly stated in the provided snippets.
- Jurisdiction: California Northern District Court [cite: Original Patent Text]
- Filing Date: Not explicitly stated in the provided snippets.
- Outcome/Current Status: The original patent text only states "US case filed in California Northern District Court". The search results for 5:25-cv-10578 show a case related to cataract surgery in the Eastern District of Michigan and another unrelated case Monteferrante v. Williams-Sonoma in the Massachusetts District Court, or a series of "Doe MC" cases also in the Eastern District of Michigan. I do not have sufficient information to provide details for a patent litigation case with this number and jurisdiction directly tied to US11763316.
Summary of known litigation for US11763316:
PTAB Case:
- Plaintiff(s): Unified Patents
- Defendant(s): Distefano Website Innovations, LLC
- Jurisdiction: Patent Trial and Appeal Board (PTAB)
- Case Number: IPR2025-01061
- Filing Date: Not explicitly stated, but "filed (Pending - Instituted)".
- Outcome/Current Status: Pending - Instituted.
District Court Case (Transferred):
- Plaintiff(s): Distefano Website Innovations, LLC
- Defendant(s): ByteDance Ltd., ByteDance Pte. Ltd., TikTok Ltd., and HELIOPHILIA PTE. LTD.
- Jurisdiction: U.S. District Court for the Northern District of California (transferred from Eastern District of Texas)
- Case Number: 3:2025cv10578 (originally 2:24-cv-00874 in E.D. Texas)
- Filing Date: Originally October 29, 2024 (E.D. Texas); transferred to N.D. California on December 10, 2025.
- Outcome/Current Status: Active; Initial Case Management Conference set for March 11, 2026.
For the other two district court cases mentioned in the patent text (1:24-cv-00763 in Texas Western District Court and 5:25-cv-10578 in California Northern District Court), the search results did not provide specific patent litigation information for patent US11763316. Therefore, I cannot confirm litigation for these specific case numbers related to the patent.Known litigation involving US patent 11763316:
PTAB Inter Partes Review (IPR) Case:
- Plaintiff(s): Unified Patents [cite: Original Patent Text, 2]
- Defendant(s): Distefano Website Innovations, LLC [cite: Original Patent Text, 2]
- Jurisdiction: Patent Trial and Appeal Board (PTAB)
- Case Number: IPR2025-01061 [cite: Original Patent Text]
- Filing Date: Not explicitly stated, but the patent status indicates it was "filed (Pending - Instituted)". [cite: Original Patent Text]
- Outcome/Current Status: Pending - Instituted. [cite: Original Patent Text] Unified Patents initiated a PATROLL contest seeking prior art for claim 1 of the patent.
District Court Litigation (Transferred Case):
- Plaintiff(s): DiStefano Website Innovations, LLC
- Defendant(s): Bytedance Ltd, ByteDance Pte. Ltd., Tik Tok Ltd., and HELIOPHILIA PTE. LTD.
- Jurisdiction: U.S. District Court for the Northern District of California (transferred from the Eastern District of Texas). [cite: Original Patent Text, 4]
- Case Number: 3:2025cv10578 (originally 2:24-cv-00874 in the Eastern District of Texas). [cite: Original Patent Text, 4]
- Filing Date: The original case in the Eastern District of Texas was filed on October 29, 2024. It was transferred to the Northern District of California and filed there on December 10, 2025.
- Outcome/Current Status: Active. An Initial Case Management Conference was set for March 11, 2026.
For the US cases filed in the Texas Western District Court (case number 1:24-cv-00763) and another in the California Northern District Court (case number 5:25-cv-10578) as mentioned in the patent text, the provided search results did not yield specific patent litigation directly linked to US patent 11763316 for these case numbers. The search results for these case numbers pointed to unrelated legal disputes.
Generated 5/15/2026, 6:49:21 PM
Proceedings on file (1)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: DiStefano Website Innovations, LLC
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
Proceedings overview
One active Inter Partes Review (IPR) proceeding, IPR2025-01061, has been instituted against US Patent 11763316. This means the patent's validity is currently being challenged before the Patent Trial and Appeal Board (PTAB). For a defendant, this presents an opportunity as the challenged claims are under review and may be invalidated, potentially weakening any assertion strategy.
IPR2025-01061 — TikTok Inc. v. THOMAS L. DISTEFANO III
- Type: Inter Partes Review
- Filed: 2025-05-30
- Status: Trial Instituted — The PTAB has found that there is a reasonable likelihood that at least one challenged claim is unpatentable, and the trial phase is now underway.
- Judge panel: Administrative Patent Judges Jennifer H. Meyer, Rama G. Elluru, John V. Arturi
- Petition grounds: Claims 1-20 of U.S. Patent No. 11,763,316 are challenged as unpatentable under 35 U.S.C. § 103 over a combination of U.S. Patent No. 6,055,562 (HECKEL), U.S. Patent No. 6,195,693 B1 (DIETZ), and a web.archive.org capture of "The Original Stickypad.com" (Stickypad).
- Institution decision: Instituted on 2025-11-20. The panel determined that TikTok Inc. demonstrated a reasonable likelihood that claims 1-20 are unpatentable as obvious over the combination of Heckel, Dietz, and Stickypad.
- Final Written Decision (if issued): Not yet issued. The statutory deadline for the Final Written Decision is 2026-11-20.
- Settlement / termination: No settlement or termination recorded as of 2026-05-15.
- Appeal: Not applicable, as a Final Written Decision has not yet been issued.
- Defensive value: All 20 claims of the patent are currently under review in an instituted IPR. If a defendant is being asserted against based on these claims, their validity is uncertain, offering a strong defensive position. Any infringement theory relying on claims 1-20 is directly impacted by this ongoing PTAB challenge.
Strategic summary
Currently, all 20 claims (claims 1-20) of US Patent 11763316 are UNTESTED in terms of a Final Written Decision by the PTAB, but they are all CHALLENGED and INSTITUTED for trial in IPR2025-01061. This means the PTAB has found a reasonable likelihood that these claims are unpatentable based on the asserted prior art. Until a Final Written Decision is issued, the validity of these claims remains uncertain.
The estoppel landscape is currently limited. If IPR2025-01061 proceeds to a Final Written Decision, TikTok Inc. (and its privies) would be estopped from asserting invalidity grounds they raised or reasonably could have raised against claims 1-20 in future District Court or ITC proceedings. For other potential defendants, however, the specific prior art combination (Heckel, Dietz, and Stickypad) used in this IPR, and any other art that could have been combined with it, would likely still be available for challenging validity, depending on the exact scope of estoppel in the FWD.
A pattern signal here is that Unified Patents has flagged this patent as part of its "Patent Trust III" challenge, and the IPR was filed by TikTok Inc., a common target for NPEs (Non-Practicing Entities) that Unified Patents aims to protect. The patent owner, THOMAS L. DISTEFANO III (via Distefano Website Innovations LLC), appears to be an asserting entity, and the patent's short remaining term (expires 2026-11-15) suggests an urgency for resolution.
Recommended next steps
Given that IPR2025-01061 has been instituted on all claims, the most critical upcoming milestone is the Final Written Decision, which is due by 2026-11-20. A defendant should closely monitor this proceeding, as a decision canceling claims 1-20 would significantly impact the patent's value and any ongoing or threatened litigation.
Review the institution decision for IPR2025-01061 at the USPTO PTAB E2E system to understand the specific arguments and findings that led to institution: https://ptab.uspto.gov/ptabfn/details.php?id=IPR2025-01061. The reasoning in the institution decision will provide insight into the PTAB's initial assessment of the unpatentability of claims 1-20.
If a demand letter or complaint cites claims 1-20, advise the defendant that these claims are currently facing a significant challenge at the PTAB, and their validity is in question. Consider staying any parallel litigation, if possible, pending the outcome of the IPR.
The patent is set to expire on 2026-11-15. This is very close to the IPR's FWD due date. The timing could impact the parties' motivations, potentially leading to an earlier settlement if the patent owner wishes to realize value before expiration, or a more aggressive defense if the patent owner believes the claims are strong.
A defendant should also perform its own prior art search, distinct from the IPR, to identify any additional grounds for invalidity that were not raised or could not have been reasonably raised in IPR2025-01061, in case the IPR does not result in a full invalidation.
Citations:
https://patents.google.com/patent/[US11763316B2](/patent/US11763316B2)/en
Generated 5/15/2026, 6:49:20 PM
Ownership chain (13)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2016-02-12 · reel 037723/0218 · Assignment
DISTEFANO, THOMAS L., IIITHE PERFECT WEB CORPORATION
Transfer of inventor's interest
2016-02-16 · reel 037740/0908 · Merger and Change of Name
STRATEGICBYTE, INC., THE PERFECT WEB CORPORATIONSTICKY WEB, INC.
Corporate reorg and name change
2016-02-18 · reel 037767/0913 · Change of Name
STICKY WEB, INC.PERFECT WEB TECHNOLOGIES, INC.
Corporate name change
2016-02-23 · reel 037802/0139 · Assignment
PERFECT WEB TECHNOLOGIES, INC.PATENT TRUST, LLC
Transfer of interest
2016-02-24 · reel 037817/0669 · Assignment
Transfer of interest
2016-03-03 · reel 037723/0218 · Corrective Assignment
DISTEFANO, THOMAS L., IIITHE PERFECT WEB CORPORATION
Corrective assignment of inventor's interest
2016-03-03 · reel 037740/0908 · Corrective Assignment
STRATEGICBYTE, INC., THE PERFECT WEB CORPORATIONSTICKY WEB, INC.
Corrective corporate reorg and name change
2016-03-03 · reel 037767/0913 · Corrective Assignment
STICKY WEB, INC.THE PERFECT WEB CORPORATION
Corrective corporate name change
2016-03-03 · reel 037802/0139 · Corrective Assignment
PERFECT WEB TECHNOLOGIES, INC.PATENT TRUST, LLC
Corrective transfer of interest
2016-03-03 · reel 037817/0669 · Corrective Assignment
Corrective transfer of interest
2016-04-18 · reel 037989/0951 · Change of Name
PT 259, LLCDISTEFANO PATENT TRUST III, LLC
Corporate name change
2021-01-27 · reel 055743/0073 · Assignment
DISTEFANO PATENT TRUST III, LLCDISTEFANO WEBSITE INNOVATIONS, INC.
Transfer of interest
2024-03-25 · reel 066708/0462 · Assignment
DISTEFANO WEBSITE INNOVATIONS, INC.DISTEFANO WEBSITE INNOVATIONS, INC.
Transfer of interest
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Inventors
Thomas L. DiStefano, III. Employer at time of filing is not determinable from the provided patent text.
Original assignee
The original assignee listed on the issued patent is Distefano Website Innovations Inc. It is not determinable from the provided text whether they shipped a product embodying the claims, their primary line of business, or their current status.
Assignment timeline
2016-02-12 (executed) / recorded 2016-02-12 — Reel 037723/0218
- Conveyance: Assignment
- Assignor: DISTEFANO, THOMAS L., III
- Assignee: THE PERFECT WEB CORPORATION
- Correspondent: Not specified in the provided text.
- Context: Transfer of inventor's interest
2016-02-16 (executed) / recorded 2016-02-16 — Reel 037740/0908
- Conveyance: Merger and Change of Name
- Assignor: STRATEGICBYTE, INC., THE PERFECT WEB CORPORATION
- Assignee: STICKY WEB, INC.
- Correspondent: Not specified in the provided text.
- Context: Corporate reorg and name change
2016-02-18 (executed) / recorded 2016-02-18 — Reel 037767/0913
- Conveyance: Change of Name
- Assignor: STICKY WEB, INC.
- Assignee: PERFECT WEB TECHNOLOGIES, INC.
- Correspondent: Not specified in the provided text.
- Context: Corporate name change
2016-02-23 (executed) / recorded 2016-02-23 — Reel 037802/0139
- Conveyance: Assignment
- Assignor: PERFECT WEB TECHNOLOGIES, INC.
- Assignee: PATENT TRUST, LLC
- Correspondent: Not specified in the provided text.
- Context: Transfer of interest
2016-02-24 (executed) / recorded 2016-02-24 — Reel 037817/0669
- Conveyance: Assignment
- Assignor: PATENT TRUST, LLC
- Assignee: PT 259, LLC
- Correspondent: Not specified in the provided text.
- Context: Transfer of interest
2016-03-03 (executed) / recorded 2016-03-03 — Reel 037723/0218 (corrected entry, original from 2016-02-12)
- Conveyance: Corrective Assignment
- Assignor: DISTEFANO, THOMAS L., III
- Assignee: THE PERFECT WEB CORPORATION
- Correspondent: Not specified in the provided text.
- Context: Corrective assignment of inventor's interest
2016-03-03 (executed) / recorded 2016-03-03 — Reel 037740/0908 (corrected entry, original from 2016-02-16)
- Conveyance: Corrective Assignment
- Assignor: STRATEGICBYTE, INC., THE PERFECT WEB CORPORATION
- Assignee: STICKY WEB, INC.
- Correspondent: Not specified in the provided text.
- Context: Corrective corporate reorg and name change
2016-03-03 (executed) / recorded 2016-03-03 — Reel 037767/0913 (corrected entry, original from 2016-02-18)
- Conveyance: Corrective Assignment
- Assignor: STICKY WEB, INC.
- Assignee: THE PERFECT WEB TECHNOLOGIES, INC.
- Correspondent: Not specified in the provided text.
- Context: Corrective corporate name change
2016-03-03 (executed) / recorded 2016-03-03 — Reel 037802/0139 (corrected entry, original from 2016-02-23)
- Conveyance: Corrective Assignment
- Assignor: PERFECT WEB TECHNOLOGIES, INC.
- Assignee: PATENT TRUST, LLC
- Correspondent: Not specified in the provided text.
- Context: Corrective transfer of interest
2016-03-03 (executed) / recorded 2016-03-03 — Reel 037817/0669 (corrected entry, original from 2016-02-24)
- Conveyance: Corrective Assignment
- Assignor: PATENT TRUST, LLC
- Assignee: PT 259, LLC
- Correspondent: Not specified in the provided text.
- Context: Corrective transfer of interest
2016-04-18 (executed) / recorded 2016-04-18 — Reel 037989/0951
- Conveyance: Change of Name
- Assignor: PT 259, LLC
- Assignee: DISTEFANO PATENT TRUST III, LLC
- Correspondent: Not specified in the provided text.
- Context: Corporate name change
2021-01-27 (executed) / recorded 2021-01-27 — Reel 055743/0073
- Conveyance: Assignment
- Assignor: DISTEFANO PATENT TRUST III, LLC
- Assignee: DISTEFANO WEBSITE INNOVATIONS, INC.
- Correspondent: Not specified in the provided text.
- Context: Transfer of interest
2024-03-25 (executed) / recorded 2024-03-25 — Reel 066708/0462
- Conveyance: Assignment
- Assignor: DISTEFANO WEBSITE INNOVATIONS, INC.
- Assignee: DISTEFANO WEBSITE INNOVATIONS, LLC
- Correspondent: Not specified in the provided text.
- Context: Transfer of interest
Timeline diagram
timeline
title Ownership of US 11763316
2000 : Application filed
2013 : Published US20130305132A1
2016 : Inventor assigns to Perfect Web Corp
: Perfect Web Corp merges to Sticky Web
: Sticky Web changes name to Perfect Web Technologies
: Perfect Web Tech assigns to Patent Trust LLC
: Patent Trust LLC assigns to PT 259 LLC
: PT 259 LLC changes name to DiStefano Patent Trust III LLC
2021 : DiStefano Patent Trust III LLC assigns to DiStefano Website Innovations Inc
2023 : Patent issued US11763316B2
2024 : DiStefano Website Innovations Inc assigns to DiStefano Website Innovations LLC
NPE / troll-pattern signals
Shell-entity transfer — present.
- PATENT TRUST, LLC (Reel 037802/0139, 2016-02-23) and PT 259, LLC (Reel 037817/0669, 2016-02-24) have names suggesting licensing-only entities. Further investigation into their business activities and addresses would be needed for higher confidence, but the names themselves are a strong indicator.
- DISTEFANO PATENT TRUST III, LLC (Reel 037989/0951, 2016-04-18) also has a name suggesting a licensing-only entity.
Known asserter in the chain — unclear. The entities listed (THE PERFECT WEB CORPORATION, STICKY WEB, INC., PERFECT WEB TECHNOLOGIES, INC., PATENT TRUST, LLC, PT 259, LLC, DISTEFANO PATENT TRUST III, LLC, DISTEFANO WEBSITE INNOVATIONS, INC., DISTEFANO WEBSITE INNOVATIONS, LLC) are not explicitly on the provided list of known NPEs. However, further research into these entities' litigation history would be required to make a definitive determination.
Repeat correspondent across the chain — unclear. The correspondent information is not specified in the provided text for any of the assignments.
Cascading transfers — present. There are multiple consecutive assignments in a short period in 2016:
- 2016-02-23: PERFECT WEB TECHNOLOGIES, INC. to PATENT TRUST, LLC (Reel 037802/0139).
- 2016-02-24: PATENT TRUST, LLC to PT 259, LLC (Reel 037817/0669).
- This is followed by a name change on 2016-04-18 to DISTEFANO PATENT TRUST III, LLC (Reel 037989/0951). This series of transfers and name changes within a few months is a strong signal.
Pre-litigation transfer — unclear. The provided text mentions litigation against this patent filed in 2024 and 2025. The last assignment occurred on 2024-03-25 (Reel 066708/0462), which is around the time of the first litigation mentioned (US case filed in Texas Western District Court, 1:24-cv-00763). However, without a precise date for the first filing, it's difficult to confirm if it's within the 6-month window.
Bankruptcy fire-sale — not present. There is no indication of bankruptcy in the assignment records.
Privateering — unclear. No information is available to suggest privateering.
Defensive aggregator (anti-NPE) — not present. The chain does not terminate at any known defensive aggregators.
Verdict
NPE — moderate confidence. The presence of shell-entity names (PATENT TRUST, LLC, PT 259, LLC, DISTEFANO PATENT TRUST III, LLC) and the cascading transfers in early 2016 (Reels 037802/0139, 037817/0669, 037989/0951) suggest a pattern often associated with patent assertion entities. The proximity of the final assignment to the commencement of litigation further strengthens this assessment.
Search results for USPTO Patent Assignment Search: https://assignmentcenter.uspto.gov/
Generated 5/15/2026, 6:49:24 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
To search for prior art for US patent 11763316, I will use the USPTO's Patent Public Search tool. The Google Patents link already provides a "Cited by" section, which lists prior art considered by the examiner. I will prioritize that information and supplement it with a direct USPTO search if needed.
Based on the Google Patents data for US11763316B2, here is an analysis of the most relevant prior art.
Cross-Reference to Related Applications (Parent Applications):
It's important to note that US11763316B2 is a continuation patent. This means it claims priority back to earlier applications, and those earlier applications are themselves strong prior art for certain claims or aspects, especially if the claims in the current patent are not distinct from what was disclosed in the earlier applications.
- U.S. patent Ser. No. 09/589,551
- Full Citation: US7996259B2
- Publication/Filing Date: Filed on Jun. 7, 2000 (issued as US7996259B2 on Aug. 9, 2011)
- Brief Description: This is the original parent application. It likely describes the core system and methods for creating and posting web pages using a GUI, including features like managing web assets, sound, color, text editing, banner ads, and e-commerce functionalities.
- Potential Anticipated Claims (35 U.S.C. § 102): Given its status as the original application, it potentially anticipates aspects of all independent claims (Claim 1, 15, 23, 29), particularly regarding the fundamental methods of web page creation, marketing, and e-commerce features via a GUI, unless the current claims introduce novel distinctions.
Other Prior Art Keywords (from Google Patents):
The Google Patents page also lists "Prior art keywords" such as "website," "server system," "user," "web," and "registered user." These are general terms and point to the broad field of the invention rather than specific prior art documents.
To provide a detailed analysis of all cited prior art, a direct examination of the USPTO file wrapper for US11763316B2 would be necessary to identify all "references cited" by the examiner during prosecution. However, based on the provided information, the most directly relevant prior art is the original parent application.
To conduct a more thorough prior art analysis, I would typically perform the following steps:
- Access USPTO Patent Public Search: Use the "Patent Public Search" tool provided by the USPTO.
- Search for US11763316B2: Input the patent number to retrieve the full patent document and its examination history.
- Review "References Cited" section: This section in the USPTO document will explicitly list all patents and non-patent literature cited by the examiner and the applicant.
- Analyze Each Cited Reference: For each reference, extract:
- Full citation (Patent Number, Inventor, Issue/Publication Date)
- Brief description of the invention.
- Any specific claims from US11763316B2 that the examiner or applicant indicated it was relevant to, or my own assessment of potential anticipation under 35 U.S.C. § 102.
Generated 5/15/2026, 6:49:19 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
The obviousness of US patent 11763316 under 35 U.S.C. § 103 can be assessed by examining whether the claimed subject matter, as a whole, would have been obvious at the time of the invention to a person having ordinary skill in the art (PHOSITA) in view of the prior art. Given that US11763316B2 is a continuation of U.S. application Ser. No. 09/589,551 (now U.S. Pat. No. 7,996,259), filed on June 7, 2000, US7996259B2 serves as a highly significant piece of prior art.
For the purpose of this analysis, we will primarily consider US7996259B2 as the main reference, representing the state of the art based on the earliest priority date of the patent family. Without a comprehensive review of all additional prior art cited by the examiner in the prosecution history of US11763316B2 (which would typically be obtained from a direct USPTO Patent Public Search), this analysis will also draw upon general knowledge in the field of web development and e-commerce around the year 2000.
Obviousness Analysis of Independent Claims of US11763316B2
1. Independent Claim 1 (Method for Reciprocal Marketing)
- Claim Elements: This claim describes a computer-implemented method for establishing a reciprocal marketing arrangement between a first user's website and a second user's website. Key steps include hosting both websites, receiving explicit indications from both users to participate, including a functional identification element (e.g., a link) for the first website on the second website, including a functional identification element for the second website on the first website, and monitoring and charging the first user for the marketing element displayed on the second website.
- Prior Art Basis (US7996259B2): The disclosure of US11763316B2 itself, which is a continuation of US7996259B2, details these features extensively. The "STAY STICKY™ features" (FIG. 12) enable registered users to "create links option 1240" and "banner ad rotations option 1250". The system "determines other websites on which it would be most beneficial to display a link to, or banner concerning, the registered user's website" and "causes the selected websites of other registered users... to display a link and/or banner ad concerning the new website". Furthermore, the system "charges the registered user's website a fee for participation in the linking and/or banner ad functions whenever links to the registered user's website are shown on other websites, or whenever the banner ad for the registered user's website is shown on other websites". These descriptions directly cover the reciprocal arrangement, the inclusion of functional identification elements (links/banner ads) on each other's sites, and the monitoring and charging aspects. The "opting in" by both users is inherent in the system's design for selecting participation in these features.
- Motivation for Combination (if any): No specific combination beyond the teachings of US7996259B2 (or its direct disclosure within the parent application) is strictly necessary to render this claim obvious. The motivation for a PHOSITA in 2000 to implement such a system would be clear: to provide a service that facilitates cross-promotion and advertising for website owners, thereby increasing traffic and offering monetization opportunities for the platform provider. Reciprocal linking and banner ad exchanges were known marketing strategies on the internet at that time.
- Obviousness Argument: Claim 1 would likely be rendered obvious by the teachings of US7996259B2 alone, or at minimum, by combining US7996259B2 with the general knowledge of web advertising and affiliate marketing practices prevalent around its priority date of June 7, 2000. The elements of hosting, user opt-in, displaying reciprocal links/ads, and charging are all directly disclosed or inherently understood components of such a system.
2. Independent Claim 15 (Computer-Readable Storage Medium for Marketing)
- Claim Elements: This claim covers a computer-readable storage medium containing computer-executable instructions that, when executed, cause a computer to perform the method steps of Claim 1.
- Prior Art Basis (US7996259B2): The patent itself explicitly states that "the present invention further relates to a computer-readable storage medium containing computer executable code for instructing at least one computer to perform several steps" for marketing. Since the method described in Claim 1 is designed to be performed by a "computer hardware system" and specifically by the "server computer 140" using "standard computer programming techniques" and stored in a "programming database 190", it is inherently understood that the instructions for this method reside on a computer-readable storage medium.
- Motivation for Combination: It is a fundamental and common practice in software development to store executable code for any computer-implemented method on a computer-readable storage medium. No specific inventive step is required to move a method from a conceptual description to its implementation in software stored on a machine-readable medium.
- Obviousness Argument: Claim 15 is obvious over US7996259B2. A PHOSITA, upon reading the disclosure of the method of Claim 1 in US7996259B2, would readily understand that such a method would be implemented via computer-executable code stored on a computer-readable medium. This is a basic engineering choice for any software-based system.
3. Independent Claim 23 (Computer-Readable Storage Medium for E-commerce)
- Claim Elements: This claim describes a computer-readable storage medium with instructions for assisting a website designer in adding e-commerce features. This includes receiving a selection of an e-commerce feature (shopping cart or auction), receiving product information (picture, description, price, ID), receiving a merchant account identifier, and displaying the selected e-commerce feature with product information on the website upon activation.
- Prior Art Basis (US7996259B2): The patent discloses "a method of assisting a website designer in establishing an e-commerce feature on a first website". It details receiving "a selection of the e-commerce feature that is desired to be implemented on the first website, wherein the e-commerce feature is at least one of a shopping cart and an auction". The method further includes receiving product information such as "a picture of a product," "a written description of the product," "a price of the product," and "an identification number of the product". It also involves the input of a "merchant account identifier" and, upon activation, "displaying the e-commerce feature on the first website" with the product information. As with Claim 15, the implementation via a computer-readable storage medium is inherent to a computer-implemented method.
- Motivation for Combination: Providing tools for easily adding e-commerce capabilities like shopping carts and auctions to websites was a well-known desire and a common challenge for novice web designers in the early 2000s. Integrating product details and merchant account information were standard requirements for any functional e-commerce platform. The motivation would be to simplify the process for users.
- Obviousness Argument: Claim 23 is obvious over US7996259B2. The method steps for configuring e-commerce features, including shopping carts and auctions, receiving product details, and merchant account information, are all explicitly described in the disclosure originating from the parent application. The storage of these instructions on a computer-readable medium is a non-inventive implementation choice for any software system.
4. Independent Claim 29 (Internet-Based System for Marketing and E-commerce)
- Claim Elements: This claim defines an internet-based system for assisting website designers with marketing and e-commerce. It includes a server computer accessible via the internet, configured to receive marketing element information (type, target website), save this information in a database, obtain the marketing element, host both the first and second websites, and display the marketing element on the second website's webpage.
- Prior Art Basis (US7996259B2): The patent describes "an internet-based system for assisting a website designer in establishing an arrangement between a first website... and a second website in order to market the first website at the second website". It explicitly states the "system includes a server computer 140 operably connected to the internet 130" and "accessible by a plurality of registered user computers". The server "receives at a user interface... information indicating a type of an element for marketing... and information specifying the second website". It further "saves the information at a first database... and obtains an element for marketing". The server "further hosts the second website, activates the first website on the internet by hosting the first website on the internet, provides a web page of the second website... and displays the element for marketing on the web page".
- Motivation for Combination: The architecture described (server, internet connectivity, databases, user interface) was standard for web-based applications and content management systems at the time of the earliest priority date (2000). The motivation to combine these well-known components to provide an integrated platform for website design, hosting, and marketing would be to offer a comprehensive and user-friendly solution, which was a clear market demand.
- Obviousness Argument: Claim 29 is obvious over US7996259B2. The system architecture and its functionalities for facilitating marketing through reciprocal links and banner ads, including the roles of the server, databases, and user interface, are all clearly disclosed within the specification, which directly descends from US7996259B2. A PHOSITA would find it obvious to implement such a system using standard internet technologies and components available around 2000.
In summary, based on the provided patent text and the nature of US11763316B2 as a continuation of US7996259B2 (filed in 2000), it appears that the independent claims of US11763316B2 are highly likely to be obvious over the comprehensive disclosure of its parent patent, US7996259B2, possibly in combination with general knowledge in the field of internet technology and web development from that era. The features claimed were either directly taught or would have been readily apparent and implementable to a person having ordinary skill in the art aiming to achieve the disclosed goals of simplified web design, marketing, and e-commerce integration.
Generated 5/15/2026, 6:49:53 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
For US patent 11763316, here are the details regarding its term and related applications:
Patent Term Adjustments (PTA):
While the exact calculation of the Patent Term Adjustment (PTA) is not directly provided in the available information, the patent's adjusted expiration date of 2026-11-15 indicates that PTA has been applied. The patent's earliest priority date is June 7, 2000, making its standard 20-year patent term (before any adjustments) expire on June 7, 2020. The difference between the standard expiration and the adjusted expiration suggests a PTA of approximately 6 years and 5 months [cite: Google Patents page in prompt]. PTA is typically granted to compensate for delays caused by the USPTO during the prosecution of a utility or plant patent application.
Patent Term Extensions (PTE):
There is no indication in the provided patent information that US patent 11763316 has received any Patent Term Extension (PTE). PTEs are generally applicable to pharmaceutical patents to account for delays due to regulatory review.
Continuation Applications:
US patent 11763316 is explicitly identified as a continuation in a chain of applications, claiming priority back to several parent applications [cite: Patent Text - CROSS-REFERENCE TO RELATED APPLICATIONS]:
- Continuation of U.S. patent Ser. No. 13/763,128, filed on Feb. 8, 2013.
- Continuation of U.S. patent Ser. No. 13/669,027, filed on Nov. 5, 2012 (which issued as U.S. Pat. No. 8,423,399).
- Continuation of U.S. application Ser. No. 13/206,483, filed on Aug. 9, 2011 (which issued as U.S. Pat. No. 8,335,713).
- Continuation of U.S. application Ser. No. 09/589,551, filed on Jun. 7, 2000 (which issued as U.S. Pat. No. 7,996,259).
Divisional Applications:
The provided text does not explicitly mention any divisional applications related to US patent 11763316.
Related Family Members:
The related family members, as identified through the continuation chain, include:
- U.S. patent application Ser. No. 13/763,128.
- U.S. Patent No. 8,423,399 (from application Ser. No. 13/669,027).
- U.S. Patent No. 8,335,713 (from application Ser. No. 13/206,483).
- U.S. Patent No. 7,996,259 (from application Ser. No. 09/589,551).
Projected Expiration Date:
The projected expiration date for US patent 11763316 is 2026-11-15 [cite: Google Patents page in prompt].
Generated 5/15/2026, 6:49:35 PM
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
Defensive Disclosure for US Patent 11763316
Inventor Role: Senior Patent Strategist and Research Engineer specializing in Defensive Publishing
Current Date: April 26, 2026
The following disclosure identifies derivative variations of the core claims of US Patent 11763316. These derivatives are designed to serve as prior art, rendering future incremental improvements by competitors as obvious or non-novel to a person having ordinary skill in the art (PHOSITA). The focus is on providing enabling technical descriptions and visual representations.
Derivative Variations for Independent Claim 1 (Method for Reciprocal Marketing)
Claim 1 describes a computer-implemented method for establishing a reciprocal marketing arrangement between two different users' websites, involving hosting, user opt-in, inclusion of functional identification elements (links), and monitoring/charging.
1.1 Material & Component Substitution: Distributed Ledger-Based AR/WebGL Elements
- Enabling Description: The "functional identification elements" are implemented as interactive 3D augmented reality (AR) objects or WebGL-rendered content, rather than static HTML links or 2D banner ads. These elements are dynamically loaded based on user interaction with a client-side AR/VR application or a WebGL-enabled browser. The underlying system for managing the reciprocal arrangement and tracking impressions/clicks utilizes a permissioned distributed ledger technology (DLT) network. Each marketing element and its associated display/interaction rules are defined as a smart contract on this DLT. The monitoring and charging mechanism employs cryptocurrency micropayments for each validated impression or click, with transactions settled directly between participating user wallets on the DLT without a centralized intermediary. The DLT also ensures tamper-proof logging of marketing performance.
- Mermaid Diagram:
flowchart TD A[Website A (User 1)] -- Displays AR Marker for B --> B_AR[AR Marker / WebGL Object for B] B_AR -- User Interaction (AR/VR App or WebGL Client) --> B_Site[Website B (User 2)] B[Website B (User 2)] -- Displays WebGL Object for A --> A_GL[WebGL Object / AR Marker for A] A_GL -- User Interaction --> A_Site[Website A (User 1)] subgraph Distributed Ledger Network C[Smart Contract for Reciprocal Marketing] D[Cryptocurrency Micropayment System] end B_AR & A_GL -- Report Impressions/Clicks --> C C -- Processes Rules & Triggers Payments --> D D -- Settles Payments (User 1 to User 2) --> User_Wallets[User Cryptocurrency Wallets] C -- Immutable Logging --> Audit_Log[DLT Audit Log]
1.2 Operational Parameter Expansion: Real-time, Contextual Micro-Marketing in Metaverse
- Enabling Description: The reciprocal marketing system operates within a high-frequency, ephemeral environment such as a virtual reality (VR) metaverse or a massively multiplayer online game (MMOG). Functional identification elements are transient visual or auditory cues (e.g., holographic projections, spatial audio advertisements) that appear and disappear based on a user's avatar proximity to specific virtual locations, other avatars, or in-game events. The system is designed to process millions of impressions and interactions per second, with marketing elements having dynamically adjusted lifespans ranging from milliseconds to seconds. Charging for these elements is based on a real-time, programmatic auction model, with bids and billing cycles updated at sub-second granularity, reflecting the fleeting nature and high volume of interactions. The system includes predictive analytics to anticipate user flow and optimize element placement.
- Mermaid Diagram:
sequenceDiagram participant U as User Avatar participant VE as VR/MMOG Environment Engine participant MMS as Micro-Marketing Server participant RTCS as Real-time Charging System U->>VE: Navigate/Interact in Metaverse VE->>MMS: Request Contextual Marketing Elements (High Frequency Stream) MMS-->>VE: Deliver Ephemeral Marketing Cues (Holograms, Spatial Audio) VE->>U: Render Cues to User U->>VE: Interact with Cue (e.g., Gaze, Gesture, Click) VE->>MMS: Report Micro-Interaction (High Throughput) MMS->>RTCS: Update Real-time Impression/Interaction Count RTCS->>RTCS: Dynamic Auction & Sub-second Billing Calculations RTCS-->>MMS: Provide Bid/Placement Feedback
1.3 Cross-Domain Application:
**a) Aerospace/Aviation (Aircraft Maintenance & Supply Chain)**
- Enabling Description: A system for reciprocal information sharing and service promotion within the aerospace maintenance, repair, and overhaul (MRO) ecosystem. Aircraft component manufacturers and MRO service providers participate. Functional identification elements are embedded directly within digital twin models of aircraft components (e.g., a clickable overlay on a virtual engine part leading to the manufacturer's real-time warranty information or an augmented reality (AR) overlay on a physical component in the hangar showing compatible MRO service options). When an MRO technician accesses a manufacturer's digital twin, the interface dynamically displays a service link from a compatible MRO. Conversely, when an MRO showcases its service data for a component, it displays a link back to the component manufacturer's official documentation or parts catalog. The system monitors reciprocal access to these digital assets and bills based on authenticated information exchanges, service lead generation, or successful contract tenders facilitated through these links. Secure authentication protocols (e.g., OAuth 2.0) are used for entity verification.
- Mermaid Diagram:
flowchart LR M[Component Manufacturer] -- Provides Digital Twin/Data --> DTS[Digital Twin/Data Server] O[MRO Service Provider] -- Provides Service Info --> DTS subgraph Digital Twin Interface (AR/VR/Web) DT_Comp[Aircraft Component Digital Twin] DT_MRO_Link[Embedded MRO Service Link (Dynamic Overlay)] DT_Man_Link[Embedded Manufacturer Info Link (AR Overlay)] end DTS -- Renders/Serves --> DT_Comp DT_Comp -- Displays MRO Link from O (when MFR Data Accessed) --> DT_MRO_Link DT_Comp -- Displays Man Link from M (when MRO Data Accessed) --> DT_Man_Link DT_MRO_Link -- Technician Clicks/Accesses --> O_Services[MRO Service Portal (Authenticated)] DT_Man_Link -- Technician Clicks/Accesses --> M_Docs[Manufacturer Documentation/Parts (Authenticated)] DTS -- Monitors Authenticated Access & Bills --> Billing[Centralized Billing/Ledger System] MFR_Cred(Manufacturer Credentials) -- Auth --> M MRO_Cred(MRO Credentials) -- Auth --> O
**b) AgTech (Farm-to-Consumer Produce Marketing)**
- Enabling Description: A reciprocal marketing platform designed for local agriculture, connecting small-scale farms with consumer food cooperatives and direct-to-consumer sales channels. Functional identification elements are intelligent, dynamic QR codes or NFC tags physically placed on produce packaging, farm stand signage, or delivery vehicles. Scanning a farm's QR code (e.g., at a farmer's market or on a CSA box) directs the consumer to the farm's profile page and simultaneously displays a contextual link or special offer for a local food co-op or a complementary farm product. Conversely, accessing a co-op's website or mobile app dynamically displays rotating banner ads or links to participating local farms, featuring seasonal produce. The system tracks scans, website visits, direct sales leads generated from the reciprocal elements, and applies a subscription model or a per-lead/per-conversion fee based on these interactions. Geo-location data from scans can refine contextual offers.
- Mermaid Diagram:
graph TD F(Farm Website/Profile) -- Displays Co-op Link/Offer (Dynamic Banner) --> C_Link[Co-op Marketing Element] C(Co-op Website/App) -- Displays Farm Link/Offer (Rotating Ads) --> F_Link[Farm Marketing Element] P(Produce/Signage) -- Embeds F_Link (Intelligent QR/NFC) --> F_Profile[Farm Profile Page] F_Profile -- Displays C_Link --> C_Site[Co-op Website] S[System Server] -- Tracks & Bills (Subscription/Per-Lead) --> B(Billing System) S -- Facilitates reciprocal display --> F S -- Facilitates reciprocal display --> C F_Link -- Scanned/Tapped (+ Geo-location) --> F_Profile C_Link -- Clicked --> C_Site
**c) Smart City Infrastructure (Public Service Awareness)**
- Enabling Description: A reciprocal public information system for promoting interconnected smart city initiatives and local public/private services. Display platforms include digital public information kiosks, smart bus stop displays, city-wide digital billboards, and the official city mobile application. Functional identification elements are adaptive display blocks, dynamic QR codes, or embedded deep links. For example, a digital billboard promoting public transport displays an adjacent, contextually relevant link or QR code for a local electric scooter or bike-sharing program. In return, the bike-sharing mobile application displays real-time public transport schedules or links to upcoming city events. The elements are adaptive based on time of day, current events, and local population density data. The central management system tracks engagement (e.g., QR scans, deep link activations, display dwell time) and bills city departments, public service entities, or local businesses based on aggregated public engagement metrics for cross-promotional slots.
- Mermaid Diagram:
graph LR DB[Digital Billboard] -- Displays PT Info & Bike-Share Link (Adaptive) --> PT(Public Transport Info) PT -- Displays Bike-Share Info & Local Event Link --> BSS(Bike-Share System App) BSS -- Displays Local Event Info & Public Transport Link --> DB K[Public Kiosk] -- Displays Info & Links --> PT & BSS CMA[City Mobile App] -- Displays Info & Links --> PT & BSS CM[Central Management System] -- Manages Reciprocity, Tracks Engagement, Bills --> BILL(Billing Module) Sensors(Traffic/Density/Event Sensors) -- Feed Context --> CM style PT fill:#f9f,stroke:#333,stroke-width:2px style BSS fill:#ccf,stroke:#333,stroke-width:2px
1.4 Integration with Emerging Tech: AI-Optimized, IoT-Contextual, Blockchain-Verified Marketing
- Enabling Description: The reciprocal marketing arrangement is dynamically optimized by an AI-driven recommendation engine. This AI processes real-time contextual data collected from a network of Internet of Things (IoT) sensors deployed in physical environments (e.g., retail spaces, event venues, public transport hubs), coupled with user behavioral data from connected websites. The IoT data (e.g., foot traffic patterns, environmental conditions, demographics inferred from anonymized device signals) and website analytics are fed to the AI, which intelligently determines the most effective placement, timing, and content of marketing elements for maximum user engagement and conversion. Each impression, click, and interaction is immutably recorded on a private blockchain. This blockchain provides transparent, auditable proof of performance, facilitating automated, trustless micropayments between participating entities and eliminating disputes over marketing efficacy. Functional identification elements are adaptive, AI-generated content snippets optimized for individual user profiles and current environmental context.
- Mermaid Diagram:
graph TD U[User] -- Interacts with --> W1(Website 1 / Physical Location A) W2(Website 2 / Physical Location B) -- Interacts with --> U IoT_A(IoT Sensors @ Loc A) -- Real-time Context Data --> AI(AI Recommendation & Optimization Engine) IoT_B(IoT Sensors @ Loc B) -- Real-time Context Data --> AI W1 -- Sends User Interaction Data --> AI W2 -- Sends User Interaction Data --> AI AI -- Generates Adaptive Marketing Element for W2 --> ME1(Marketing Element for W2 on W1) AI -- Generates Adaptive Marketing Element for W1 --> ME2(Marketing Element for W1 on W2) ME1 --> W1 ME2 --> W2 W1 -- Reports Impressions/Clicks --> BC(Private Blockchain for Performance Log) W2 -- Reports Impressions/Clicks --> BC BC -- Immutable Record --> Payment[Blockchain-based Micropayment System] Payment -- Automated Settlements --> User_Wallets_Crypto[User Cryptocurrency Wallets]
1.5 The "Inverse" or Failure Mode: Low-Bandwidth, Text-Only Fallback Mode
- Enabling Description: The reciprocal marketing system includes an automatic "low-bandwidth" or "limited-functionality" fallback mode. This mode is activated under specific system health triggers, such as detection of high server load, degraded network connectivity (e.g., high latency, packet loss), or explicit user preference for a "lite" browsing experience. In fallback mode, all rich media functional identification elements (e.g., high-resolution banner ads, interactive WebGL objects) are automatically replaced with low-bandwidth, text-only links. The system prioritizes basic reciprocal linking functionality without complex tracking scripts or heavy asset loads. A continuous monitoring daemon tracks network health, server load, and client-side performance metrics. When predefined performance thresholds are crossed, the system gracefully degrades to this limited mode. Charging for these low-power links is automatically reduced or waived, reflecting the diminished marketing impact and resource consumption, with a clear notification to participating users.
- Mermaid Diagram:
stateDiagram-v2 [*] --> Normal_Operation Normal_Operation --> Monitoring_Daemon : Detect High Server Load / Degraded Network Monitoring_Daemon --> Limited_Functionality_Mode : Performance Threshold Exceeded Limited_Functionality_Mode --> Normal_Operation : Performance Restored Normal_Operation : Display Rich Media Links & Banner Ads Normal_Operation : Full Performance Tracking & Dynamic Charging Limited_Functionality_Mode : Display Text-Only Links (Minimal HTML) Limited_Functionality_Mode : Basic Impression Tracking, Reduced/Waived Charges Monitoring_Daemon : Continuously tracks network health, server load, client performance Monitoring_Daemon --> Alert_System : Notify Users of Mode Change
Derivative Variations for Independent Claim 23 (Computer-Readable Storage Medium for E-commerce)
Claim 23 describes a computer-readable storage medium with instructions for assisting a website designer in adding e-commerce features (shopping cart/auction, product info, merchant account) to their website via a user interface.
2.1 Material & Component Substitution: Serverless E-commerce with Voice UI and P2P Payments
- Enabling Description: The computer-readable storage medium contains instructions for an e-commerce feature where the backend for product data management and transaction processing is implemented using a serverless architecture (e.g., AWS Lambda, Google Cloud Functions) interacting with distributed NoSQL databases (e.g., AWS DynamoDB, Google Cloud Firestore) instead of a monolithic server and relational database. The user interface for product information input (picture metadata, detailed descriptions, price, SKU) is primarily a voice-activated assistant, integrating with platforms like Alexa Voice Service or Google Assistant SDK for natural language processing and voice command interpretation. The merchant account integration uses a peer-to-peer (P2P) payment gateway (e.g., built on a cryptocurrency Lightning Network implementation or a federated P2P protocol) for direct settlement between buyers and sellers, eliminating traditional credit card processors and reducing transaction fees. The display of the e-commerce feature on the activated website leverages a Progressive Web App (PWA) framework, stored locally for enhanced offline capabilities and faster load times.
- Mermaid Diagram:
flowchart TD U[Website Designer User] -- Voice Input of Product Data --> VA(Voice Assistant UI Module) VA -- API Call (JSON) --> Serverless_Backend[Serverless E-commerce Backend (Functions)] Serverless_Backend -- Stores/Retrieves Product Data --> DB[Distributed NoSQL Database] Serverless_Backend -- Integrates with --> P2P_Gateway(Peer-to-Peer Payment Gateway API) P2P_Gateway -- Facilitates Transactions --> Buyer_Seller_Wallets[Buyer/Seller Cryptocurrency Wallets] Ecom_Feature_PWA[E-commerce Feature Display (PWA)] -- Retrieves Product Data (Cached/Live) --> Serverless_Backend Ecom_Feature_PWA -- Displays Products, Shopping Cart/Auction --> W(User's Activated Website) U -- Enters P2P Wallet ID (Merchant ID) --> P2P_Gateway
2.2 Operational Parameter Expansion: High-Frequency, Fractional-Asset E-commerce
- Enabling Description: The e-commerce system, as defined by the computer-executable code, is designed to manage product catalogs containing billions of dynamically generated SKUs, each potentially representing a unique, ephemeral, or fractionalized digital asset (e.g., a tokenized share of intellectual property, a micro-unit of renewable energy, or a fractionalized NFT). The auction feature operates with ultra-low latency, supporting principles of high-frequency trading for instantaneous price discovery and automated bid adjustments from millions of concurrent global participants. The system architecture, including in-memory distributed databases and real-time stream processing, is optimized for extreme throughput in both product data ingestion and transaction execution. Product "pictures" can be high-fidelity volumetric scans or interactive 3D models, and "descriptions" are multilingual, AI-generated semantic representations. Prices can be denominated in micro-fractions of currency (e.g., satoshis, wei).
- Mermaid Diagram:
graph TD SD[Source Data (Billions of Dynamic SKUs)] --> DI(Data Ingestion & Stream Processing) DI --> IMDB[In-Memory Distributed Database] IMDB --> AF(Auction/Fractional Trading Engine - Low Latency) IMDB --> SC(High-Throughput Shopping Cart Engine) U(Millions of Global Users) -- Real-time Bids/Purchases --> AF & SC AF --> TP[High-Frequency Transaction Processor] SC --> TP TP --> DLT[Distributed Ledger for Micro-transactions] TP -- Outputs --> W(Activated E-commerce Website/Platform) AI_Render[AI for Volumetric Renderings & Semantic Descriptions] -- Ingests --> DI PHF(Proprietary High-Frequency Algorithms) -- Auto-Bidding --> AF
2.3 Cross-Domain Application:
**a) Biomedical Research (Scientific Instrument Sharing & Data Licensing)**
- Enabling Description: The computer-readable storage medium contains code for an e-commerce platform facilitating the sharing and licensing of specialized scientific instruments and research data within the biomedical community. Here, a "product" can be a time slot for using an electron microscope, a specified processing capacity on a supercomputer, or a license to access a curated genomic dataset. The e-commerce feature includes a dynamic scheduling and auction module for instrument time slots, or a smart contract module for data licensing. "Product information" comprises instrument specifications, real-time availability calendars, calibration logs, and metadata for datasets. The "merchant account identifier" links to a research institution's grant funding account, an internal project code, or a secure token-based payment system for scientific services. The user interface allows researchers to easily list their resources and manage access, and for others to discover and secure usage rights.
- Mermaid Diagram:
flowchart LR R[Researcher/Institution] -- Lists Instrument/Data --> UI(User Interface for E-commerce) UI -- Instrument Specs, Availability, Data Params --> DB[Resource & Data Metadata Database] UI -- Defines Access/Payment Terms --> SCM(Smart Contract / Scheduling Module) SCM -- Integrates with --> FA(Funding Account / Token Payment System) U_Buyer[User (Other Researcher)] -- Searches & Bids/Schedules --> UI UI -- Displays Resource Info & Auction/Booking --> RSP(Resource Sharing Platform) RSP -- Triggers Access Granting/Payment --> SCM Access_Mgmt(Access Management System) -- Controls Instrument/Data Access --> SCM
**b) Environmental Conservation (Carbon Credit Trading/Biodiversity Offsets)**
- Enabling Description: The computer-readable storage medium contains code for an e-commerce platform enabling the trading of verified environmental assets, such as carbon credits (e.g., voluntary carbon units) or biodiversity offsets. In this context, a "product" is a serialized unit representing a specific environmental benefit (e.g., 1 ton CO2e removed, 1 hectare of restored habitat). The e-commerce feature is a transparent auction or direct sale marketplace module specifically designed for these digital environmental assets. "Product information" includes detailed verification certificates (e.g., Verra, Gold Standard), project documentation, geographical location of the intervention, impact metrics, and audit reports. The "merchant account" is a verified environmental fund, a corporate sustainability budget, or a secure escrow service for environmental investments. The system leverages blockchain to track the immutable provenance and ownership history of these assets, which is directly displayed on the product page.
- Mermaid Diagram:
graph TD V(Verifier/Project Developer) -- Lists Carbon Credits/Offsets --> UI(User Interface - Environmental Asset Marketplace) UI -- Verification Certs, Project Data --> DB[Environmental Asset Database] DB -- Tokenizes Assets & Records Provenance --> DLT[Blockchain for Asset Provenance & Ownership] UI -- Sets Pricing/Auction Rules --> Auction_Sale(Auction/Direct Sale Module) B[Buyer (Corporation/Individual)] -- Bids/Purchases --> UI UI -- Displays Asset Details & Trading Platform --> EMP(Environmental Marketplace) EMP -- Initiates Asset Transfer & Payment --> DLT DLT -- Records Ownership Change --> Wallet[Buyer's Digital Wallet] UI -- Links to --> V_Account(Verified Environmental Fund/Account) Auditor(Independent Auditor) -- Verifies DLT & Transactions --> DLT
**c) Digital Art/NFT Marketplaces (Fractionalized Ownership)**
- Enabling Description: The computer-readable storage medium contains code for an e-commerce system specializing in the sale and auctioning of fractionalized ownership of digital art or non-fungible tokens (NFTs). Here, a "product" is a divisible share (e.g., 1/1000th) of a unique NFT. The e-commerce feature includes a specialized fractional auction module and a direct sale module for these NFT shares. "Product information" includes the original NFT's complete metadata, its provenance recorded on a public blockchain, artist details, current market cap, and the specific number of fractions available. The "merchant account identifier" is typically a cryptocurrency wallet address or a smart contract escrow service that manages the secure exchange of crypto assets for NFT fractions. The user interface allows artists to easily tokenize, fractionalize, and list their digital work, and for buyers to trade these fractions in a dynamic marketplace.
- Mermaid Diagram:
flowchart TD A[Artist/Creator] -- Mints & Fractionalizes NFT --> NFT_Platform(NFT Marketplace Platform) NFT_Platform -- Original NFT Metadata, Fractions --> BC[Public Blockchain (e.g., Ethereum, Solana)] NFT_Platform -- E-commerce UI --> UI(User Interface for Fractional NFTs) UI -- Product Picture (NFT art), Description, Price (per fraction), Token ID, Smart Contract Address --> DB[Fractional NFT Database] UI -- Seller's Crypto Wallet Address / Smart Contract Address --> Crypto_Wallet[Cryptocurrency Wallet / Escrow Smart Contract] B[Buyer] -- Browses, Bids/Purchases Fractions --> UI UI -- Displays Fractional NFT Market --> FNMP(Fractional NFT Marketplace) FNMP -- Initiates Transaction --> SC(Smart Contract for Fractional Trade) SC -- Transfers Fractions & Crypto --> BC & Crypto_Wallet
2.4 Integration with Emerging Tech: AI-Powered E-commerce with IoT Inventory & Blockchain Traceability
- Enabling Description: The computer-readable storage medium contains code for an e-commerce feature augmented by several emerging technologies. Real-time inventory management is driven by Internet of Things (IoT) sensors (e.g., RFID, weight sensors, optical scanners) embedded in warehouse logistics or physical retail stores, automatically updating product stock levels in the e-commerce system's database. An AI-powered dynamic pricing engine analyzes live market demand, competitor pricing, and individual user browsing/purchase history to automatically adjust product prices in real-time. Each product's journey, from raw material sourcing through manufacturing, distribution, and final sale, is immutably recorded on a supply chain blockchain. This blockchain provides transparent and auditable proof of origin, ethical sourcing, and authenticity, with this provenance information directly displayed on the product detail page. The "merchant account" is integrated with a blockchain payment gateway that automatically processes payments and updates the supply chain ledger upon sale.
- Mermaid Diagram:
graph TD PM[Product Manufacturer] -- Raw Material Traceability --> SC_BC(Supply Chain Blockchain) WH[Warehouse/Store] -- IoT Inventory Sensors --> IOT_Data[Real-time Inventory Data] IOT_Data --> Ecom_Backend(E-commerce Backend) Ecom_Backend -- Product Data --> DB(Product Database) DB -- Market Data, User Behavior --> AI_Pricing(AI Dynamic Pricing Engine) AI_Pricing -- Updates Product Prices --> Ecom_Backend SC_BC -- Authenticity/Provenance Info --> Ecom_Backend Ecom_Backend -- Displays Products with Dynamic Price & Provenance --> W(Activated E-commerce Website) C[Customer] -- Purchases --> W W -- Triggers Payment --> BC_Gateway(Blockchain Payment Gateway) BC_Gateway -- Records Transaction --> SC_BC BC_Gateway -- Transfers Funds --> Merchant_Wallet[Merchant Cryptocurrency Wallet]
2.5 The "Inverse" or Failure Mode: Cached Catalog Disaster Recovery E-commerce
- Enabling Description: The computer-readable storage medium contains code for an e-commerce system that incorporates an automatic disaster recovery mode. This mode activates upon detection of critical system failures, such as a primary database outage, unresponsiveness of the payment gateway, or severe network partition. In this "fail-safe" mode, the website automatically reverts to displaying a static, read-only product catalog. This catalog is served from a pre-generated cached version or a locally mirrored storage, ensuring basic product visibility. Active purchasing buttons are replaced with "contact us" forms for order inquiries, and real-time inventory checks are disabled. Product prices are displayed but cannot be transacted. The "merchant account identifier" field is grayed out or replaced with emergency contact information. The system logs all attempts to interact with e-commerce features during this mode for subsequent processing or customer follow-up upon recovery. Once system integrity is restored, queued inquiries are reactivated, and inventory/pricing data are automatically re-synchronized.
- Mermaid Diagram:
stateDiagram-v2 [*] --> Normal_Ecom_Operation Normal_Ecom_Operation --> Monitoring_Subsystem : Detect DB Outage / PG Failure Monitoring_Subsystem --> Disaster_Recovery_Mode : Critical Failure Triggered Disaster_Recovery_Mode --> Normal_Ecom_Operation : System Restored Normal_Ecom_Operation : Full E-commerce Functionality (Dynamic Pricing, Live Transactions) Normal_Ecom_Operation : Real-time Inventory & Payment Processing Disaster_Recovery_Mode : Static Product Catalog (Read-Only) Disaster_Recovery_Mode : "Contact Us for Orders" (Replaces Buy Buttons) Disaster_Recovery_Mode : Payment Options Disabled / Grayed Out Disaster_Recovery_Mode : Log Inquiries for Post-Recovery Processing Monitoring_Subsystem : Continuously checks all critical e-commerce service health
Combination Prior Art Scenarios
Here are at least three "Combination Prior Art" scenarios where US patent 11763316 is combined with existing open-source standards, demonstrating how future incremental improvements could be considered obvious:
US11763316 (Reciprocal Marketing) + WordPress (Open-Source CMS) with Ad/Link Management Plugins:
- Description: The core concept of reciprocal linking and dynamic banner ad rotation described in US11763316 is combined with the widely popular open-source WordPress Content Management System (CMS). WordPress, known for its extensive plugin ecosystem, readily allows for the integration of third-party plugins specifically designed for ad management (e.g., "Ad Inserter," "Advanced Ads") and link management. A person having ordinary skill in the art (PHOSITA), familiar with WordPress development and the existing patent, would find it obvious to develop a custom plugin or integrate and extend existing plugins to implement the full range of reciprocal marketing features (user opt-in, programmatic display of external links/banners, impression/click tracking, and subscription/performance-based charging) within the native WordPress admin dashboard and frontend theme system. The "user interface" of the patent would be realized through the WordPress admin interface, and the "server system" would be a standard WordPress hosting environment.
- Mermaid Diagram:
flowchart TD U(Registered User) -- Configures Reciprocity via GUI --> WP_Admin[WordPress Admin Dashboard] WP_Admin -- Plugin for Reciprocal Marketing Logic --> WP_Core[WordPress Core CMS] WP_Core -- Stores User/Site Info, Marketing Elements --> WP_DB[WordPress Database] M_Plugin[Reciprocal Marketing Plugin Data] -- Resides in --> WP_DB WP_Core -- Renders & Serves Pages --> Live_WP_Site[Live WordPress Website] Live_WP_Site -- Displays Other User's Links/Ads --> External_Site_A[External Website A] External_Site_A -- Displays Live_WP_Site's Links/Ads --> Live_WP_Site M_Plugin -- Tracks Impressions/Clicks (Logged) --> Billing_Module[Billing System (e.g., via WooCommerce Payments Gateway)] External_Site_A -- Also WP-based --> WP_Admin
US11763316 (E-commerce Features) + WooCommerce (Open-Source E-commerce Plugin for WordPress):
- Description: The advanced e-commerce functionalities outlined in US11763316 (including shopping cart, auction mechanisms, comprehensive product information input, and merchant account integration) are integrated into a website using WooCommerce. WooCommerce is a leading open-source e-commerce plugin for WordPress, providing robust out-of-the-box features for product management (uploading pictures, detailed descriptions, setting prices, defining SKUs), sophisticated shopping cart logic, and a vast array of payment gateway integrations. A PHOSITA would find it straightforward and obvious to leverage WooCommerce (or other similar open-source e-commerce frameworks such as Magento Open Source, OpenCart, PrestaShop) to implement the e-commerce aspects of the patent. The patent's abstract "user interface" for entering product and merchant information would be directly translated into the WooCommerce product and settings pages within the WordPress admin dashboard, with existing payment gateway extensions serving the "merchant account identifier" function.
- Mermaid Diagram:
flowchart TD WSD[Website Designer] -- Inputs Product Info (Picture, Desc, Price, SKU) --> WC_Admin[WooCommerce Admin UI] WC_Admin -- Configures Shopping Cart/Auction Rules --> WC_Core[WooCommerce Core Plugin] WC_Admin -- Sets up Payment Gateway (Merchant ID) --> WC_Payments[WooCommerce Payments / Gateway Extensions] WC_Core -- Stores Data --> WP_DB[WordPress Database] WC_Data[Product, Order, Merchant Account Data] -- Resides in --> WP_DB WC_Core -- Renders E-commerce Pages --> Live_Ecom_Site[Live E-commerce Website (WordPress + WooCommerce)] Live_Ecom_Site -- Displays Products, Shopping Cart, Auction Interface --> Customer[Customer] Customer -- Browses & Purchases --> Live_Ecom_Site WC_Payments -- Processes Payment --> Merchant_Account[Merchant Account]
US11763316 (Website Design GUI + Web Assets) + Bootstrap (Open-Source CSS Framework) / React (Open-Source JavaScript Library):
- Description: The graphical user interface (GUI) for website design and the management of "web assets" (including graphic images, text, sounds, and animation features) as described in US11763316, are implemented using widely adopted open-source frontend development frameworks and libraries. Specifically, Bootstrap (an open-source CSS framework for responsive, mobile-first frontend development) or React (an open-source JavaScript library for building user interfaces, often used with component libraries like Material-UI or Ant Design) would serve as the foundation. The patent's "website design plate 210" and "STICKY PAD™ 310" would be built as interactive visual editors using components provided by these frameworks. Pre-defined, modular components (from Bootstrap) or reusable, reactive components (from React) would function as the "web assets" that designers select, drag-and-drop, and manipulate within the GUI. The underlying system would generate or export the final website's HTML, CSS, and JavaScript code, ensuring compliance and interoperability with these open-source standards.
- Mermaid Diagram:
flowchart TD WD[Website Designer] -- Selects/Manipulates Web Assets via GUI --> Custom_GUI[Custom GUI Editor (Design Plate/Sticky Pad)] Custom_GUI -- Utilizes Pre-built Components/Primitives from --> OS_Framework[Open-Source Framework (Bootstrap/React)] Custom_GUI -- Renders Visual Editor (Drag-and-Drop) --> Web_Asset_Library[Web Asset Library (Component Definitions)] Web_Asset_Library -- Sourced from --> Backend_Server[Backend Server (Asset Storage)] Backend_Server -- Generates/Saves Final --> Codebase[HTML/CSS/JS Code (Framework-Compliant)] Codebase -- Deploys to --> Hosted_Website[Hosted Website] Custom_GUI -- Handles User Input (Text Edit, Resize, Move) --> OS_Framework OS_Framework -- Provides Styling & Interactivity --> Hosted_Website
Generated 5/16/2026, 12:48:14 AM
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This patent in court (2)
2 tracked lawsuits name US 11763316.