Based on consultation with industry experts, all modern MOTOM advertising platforms in the U.S. use the then-novel combination of wireless communications technologies disclosed/required by the patent:

• Message “Interoperability” among wireless carriers;
• SMS “fast-pull” technology– using SMS gateways; and
• Media-Rich Messaging Capability, such as MMS and the new RCS standard.

Notably, the advertising market has massively moved into MOTOM marketing using the patented technology, because (a) of its simplicity for the mobile user; (b) the process is inherently TCPA compliant¹, and (c) the near 100% open rates and high conversion rates of text-based mobile advertising campaigns outstrip by wide margins the success rates of other any other mobile advertising platform (including, web and email advertising).

The Trump for President campaign used in 2016 and continues to use for 2020 the patented MO Text Optin Messaging (MOTOM) platform to send media messages to millions of subscribers as follows:

1. The Trump campaign publishes “call-to-action” ads - posters at rallies and online - that encourage the public to “TEXT ‘TRUMP’ TO 88022” to get text updates;
2. A mobile phone user sees the ad and becomes an Opt-In Subscriber by heeding this call-to- action. She simply texts this keyword to this 5-digit short code number (a. simplicity and b. TCPA compliant);
3. The Trump campaign’s mobile ad processor pulls this text from the Subscriber’s mobile carrier for immediate processing;
4. The Subscriber has now enabled a communication channel (Opt-In) with President Trump whereby Subscriber will receive rich media-enabled text communications from the campaign;
5. The President sends an immediate and ongoing communications to a database of Subscribers aggregated from the Opt-Ins. These MMS-capable texts request attendance at rallies, provide images and videos, and serve as an effective fundraising platform (c. high success rate).

¹ Thus, our centerpiece claim - independent claim 13 of the ‘821 patent - is infringed by advertisers (or their proxies) that process Mobile Originated (MO) texts for MMS messages initiated by their ads, using standard carrier interoperability and SMS-pull gateway technology. This “method” claim is “narrow” in that in order to infringe there must be an actual advertisement (billboard, paper, digital, online or audible) that displays an “access number” (e.g., an alphanumeric, such as a short code) that starts the process by encouraging a mobile user to text to it (opt-in). But, as discussed below, infringement is pervasive.