JOHN M. WALKER, JR., Chief Judge. Defendant-appellant WhenU.com, Inc. (“WhenU”) is an internet marketing company that uses a proprietary software called “SaveNow” to monitor 'a computer user’s internet activity in order to provide the computer user (“C-user”) with advertising, in the form of “pop-up ads,” that is relevant to that activity. Plaintiff-appellee 1-800 Contacts, Inc. (“1-…
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