EXHIBIT D

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 1 of 9 PageID #: 41
IMPLICIT, LLC’S INFRINGEMENT ANALYSIS

U.S. Patent No. 7,774,740 – Capital One Financial Corp., Capital One, National Association

Claim 11

Implicit, LLC (“Implicit”) provides evidence of infringement of claim 11 of U.S. Patent No. 7,774,740 (hereinafter “the ’740 patent”) by Capital 

One Financial Corp. and Capital One, National Association (collectively, “Capital One”). In support thereof, Implicit provides the following claim 

charts.

“Accused Instrumentalities” as used herein refers to at least the components involved in the dynamic generation of applications/applets/apps, 

including but not limited to webpages and mobile apps (or components thereof), which are dynamically generated by one or more Capital One

servers running Node.js and V8 software in response to a request from a client device (e.g., a browser or mobile device used by a Capital One

customer/subscriber/user to access data/information stored by Capital One) to the one or more Capital One servers. An example of the Accused 

Instrumentalities are the one or more servers that generate a response to a web-browser request directed to a Capital One webpage (e.g.,

https://www.capitalone.com/). These claim charts demonstrate Capital One’s infringement by comparing each element of the asserted claims to 

corresponding components, aspects, and/or features of the Accused Instrumentalities. These claim charts are not intended to constitute an expert 

report on infringement. These claim charts include information provided by way of example, and not by way of limitation.

The analysis set forth below is based only upon information from publicly available resources regarding the Accused Instrumentalities, as

Capital One has not yet provided any non-public information. An analysis of Capital One’s (or other third parties’) technical documentation and/or 

software source code may assist in fully identifying all infringing features and functionality. Accordingly, Implicit reserves the right to supplement 

this infringement analysis once such information is made available to Implicit. Furthermore, Implicit reserves the right to revise this infringement 

analysis, as appropriate, upon issuance of a court order construing any terms recited in the asserted claims. 

Implicit provides this evidence of infringement and related analysis without the benefit of claim construction or expert reports or discovery. 

Implicit reserves the right to supplement, amend or otherwise modify this analysis and/or evidence based on any such claim construction or expert 

reports or discovery.

Unless otherwise noted, Implicit contends that Capital One directly infringes the ’740 patent in violation of 35 U.S.C. § 271(a) by selling, 

offering to sell, making, using, and/or importing the Accused Instrumentalities. The following exemplary analysis demonstrates that infringement. 

Unless otherwise noted, Implicit believes and contends that each element of each claim asserted herein is literally met through Capital One’s 

provision of the Accused Instrumentalities. However, to the extent that Capital One attempts to allege that any asserted claim element is not literally 

met, Implicit believes and contends that such elements are met under the doctrine of equivalents. More specifically, in its investigation and analysis 

of the Accused Instrumentalities, Implicit did not identify any substantial differences between the elements of the patent claims and the 

corresponding features of the Accused Instrumentalities, as set forth herein. In each instance, the identified feature of the Accused Instrumentalities 

performs at least substantially the same function in substantially the same way to achieve substantially the same result as the corresponding claim 

element.

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 2 of 9 PageID #: 42
IMPLICIT LLC’S ANALYSIS OF INFRINGEMENT

2 of 8

August 25, 2023

To the extent the chart of an asserted claim relies on evidence about certain specifically-identified Accused Instrumentalities, Implicit asserts 

that, on information and belief, any similarly-functioning instrumentalities also infringe the charted claim. Implicit reserves the right to amend this 

infringement analysis based on other products made, used, sold, imported, or offered for sale by Capital One. Implicit also reserves the right to amend 

this infringement analysis by citing other claims of the ’740 patent, not listed in the claim chart, that are infringed by the Accused Instrumentalities. 

Implicit further reserves the right to amend this infringement analysis by adding, subtracting, or otherwise modifying content in the “Accused 

Instrumentalities” column of each chart. 

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 3 of 9 PageID #: 43
 3 of 8 

August 25, 2023 

Claim # Accused Instrumentalities

11. A method 

operating on a 

computer system, 

having a client 

computer and a 

server computer, 

for managing 

requests to the 

server computer, 

the method 

comprising: 

The Accused Instrumentalities perform a method operating on a computer system, having a client computer 

and a server computer, for managing requests to the server computer. This is illustrated, for example, as 

follows: 

Source: https://www.capitalone.com/tech/software-engineering/loosely-coupled-micro-frontends-withnodejs/

client

server (backend)

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 4 of 9 PageID #: 44
 4 of 8 

August 25, 2023 

at the server 

computer, 

receiving a request 

from the client 

computer, the 

request identifying 

an application and 

identifying a form 

of the application; 

and

The Accused Instrumentalities perform a method that includes, at the server computer, receiving a request 

from the client computer, the request identifying an application and identifying a form of the application. 

This is illustrated, for example, as follows: 

Source: https://www.capitalone.com/credit-cards/fair-and-building/ 

in response to 

receiving the 

request: 

The Accused Instrumentalities perform the method steps recited hereinafter in response to receiving the 

aforementioned request. This is illustrated below, for example, as follows: 

application

form

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 5 of 9 PageID #: 45
5 of 8

August 25, 2023

Source: https://www.capitalone.com/credit-cards/fair-and-building/

compiling the 

application into a 

compiled form; 

and

The Accused Instrumentalities perform the step of compiling the application into a compiled form. This is 

illustrated, for example, as follows with implementation of the Node.js v8 module:

Source: https://nodejs.org/api/all.html#all_v8_v8

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 6 of 9 PageID #: 46
6 of 8

August 25, 2023

Source: https://nodejs.dev/learn/the-v8-javascript-engine

Upon information and belief, Capital One servers utilize Node.js and V8 engine (see

https://developer.salesforce.com/blogs/2021/01/what-is-node-js-and-why-does-it-matter-as-a-salesforcedeveloper). Upon information and belief Node.js uses the V8 engine to compile code into the compiled form 

(see https://nodejs.dev/learn/the-v8-javascript-engine). 

transforming the 

compiled 

application into a 

transformed form 

of the compiled 

form of the 

application, 

wherein 

transforming 

comprises 

execution and 

compression of the 

compiled form; 

The Accused Instrumentalities perform the step of transforming the compiled application into a transformed 

form of the compiled form of the application, wherein transforming comprises execution and compression of 

the compiled form. This is illustrated, for example, as follows:

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 7 of 9 PageID #: 47
7 of 8

August 25, 2023

Source: https://nodejs.org/dist./v6.3.0/docs/api/zlib.html

Source: https://nodejs.org/dist./v6.3.0/docs/api/zlib.html

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 8 of 9 PageID #: 48
 8 of 8 

August 25, 2023 

Upon information and belief, Node.js uses Zlib for transforming the compiled form comprising execution and 

compression of the compiled form (see https://nodejs.org/dist./v6.3.0/docs/api/zlib.html.) 

sending the 

transformed form 

of the application 

to the client 

computer. 

The Accused Instrumentalities perform the step of sending the transformed form of the application to the 

client computer. This is illustrated, for example, as follows: 

Source: https://www.capitalone.com/credit-cards/fair-and-building/ 

Upon information and belief, the transformed form ‘gzip’ is sent to the client computer (see 

https://www.capitalone.com/credit-cards/fair-and-building/). 

Caveat: The notes and/or cited excerpts utilized herein are set forth for illustrative purposes only and are not meant to be limiting in 

any manner. For example, the notes and/or cited excerpts, may or may not be supplemented or substituted with different excerpt(s) of 

the relevant reference(s), as appropriate. Further, to the extent any error(s) and/or omission(s) exist herein, all rights are reserved to 

correct the same. 

sending

Case 4:23-cv-00770-SDJ Document 1-4 Filed 08/25/23 Page 9 of 9 PageID #: 49