Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 1 of 21
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`be used to help users discover interactive applications. By offering broadcast program
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`choices in an EPG to users, and initiating interactive applications associated with the
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`broadcast program chosen, Yahoo performs the step of “determining, using an
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`electronic program guide, an interactive application associated with a broadcast
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`program.”
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`b.
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`Though the Complaint does not allege otherwise, Defendants state that Yahoo TV
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`practices the other limitations of exemplary Claim 13 as well. The interactive video
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`advertising functionality in Yahoo TV (www.yahoo.com/tv/) is a computer
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`implemented method of controlling a broadcast and reception of an interactive
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`application.
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`c.
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`Yahoo determines, using an electronic program guide, an interactive application
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`associated with a broadcast program. See, e.g., http://www.yahoo.com/tv/ (Yahoo TV
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`contains a digital guide (as shown in the below screenshot) that Yahoo uses, based on
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`the viewer’s selection of a television show or film from the guide, to determine an
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`associated interactive application).
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`As stated above, Claim 13 does not require use of EPGs to help users discover
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`interactive applications, as Yahoo claims. Instead, it requires that interactive
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`application be determined using an EPG which, as the specification explains, may
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`take place subsequent to selection of a broadcast program from the EPG. See ’327
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`Patent at 4:33-35 (“In accordance with the invention, the program identifier from the
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`EPG is then coordinated with a list of timing offset objects specific to the broadcast
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`program.”).
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`d.
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`Yahoo TV controls the interactive application to maintain synchrony with the display
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`of the broadcast program. See, e.g., http://www.yahoo.com/tv/ (Yahoo TV’s
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`interactive controls (“interactive application”) are suspended when the broadcast
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`program breaks, for example, for an advertisement, and are then resumed once the
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`broadcast program resumes). The following screenshots compare the Yahoo TV
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`functionality during playback of the broadcast program (above) and during an
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`advertisement (below).
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 3 of 21
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`e. Yahoo determines timing offsets associated with the broadcast program. For example,
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`the pre-roll advertisements shown on Yahoo TV demonstrate that Yahoo determines
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`at least the program’s start time.
`f. Yahoo controls the interactive applications to maintain synchrony with the display of
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`the broadcast program in accordance with the timing offsets. For example, the
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`interactive controls (interactive applications) are suspended during the pre-roll and
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`mid-roll advertisements and then resumed or activated at the broadcast program’s
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`start/resume time (timing offset).
`g. Yahoo’s broadcast programs are television shows. For example, in the above
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`illustration, the “broadcast program” is Community, a television show.
`h. Yahoo generates a command, in response to determining that there is a break in the
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`television show, to suspend execution of the interactive application, and then
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`generates a command to resume execution upon determining that the break in the
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`television show has ended. As discussed above in (d), the interactive controls are
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`suspended only for the duration of the advertisement breaks, and are resumed once
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`playback of the television show has resumed.
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`44.
`
`Yahoo has indirectly infringed, and is indirectly infringing, at least Claims 13 and 36 of
`
`the ’327 Patent in violation of 35 U.S.C. § 271 et seq., by making, using, offering for sale, selling,
`
`and/or importing in or into the United States without authority the interactive video advertising
`
`functionality employed by Yahoo’s streaming video delivery services available through yahoo.com and
`
`Yahoo’s branded mobile applications available at least on Android or iOS devices and Yahoo’s
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`Connected TV platform, including, for example, Yahoo TV available online at
`
`https://www.yahoo.com/tv/. As discussed above, to receive the benefit of Yahoo’s interactive video
`
`advertising functionality, users may be required to perform one or more actions, to the extent user
`
`actions are considered to meet steps of the patented method, Yahoo maintains full control over the
`
`manner and/or timing of the infringing steps. Further, Yahoo induces its customers to infringe one or
`
`more claims of the ’327 Patent at least by encouraging them to use its interactive video advertising
`
`functionality, such as on Yahoo TV, alone or in combination with Yahoo services on the users’ devices,
`
`in an infringing manner. For example, Yahoo advertises Yahoo TV as one of its services on
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`https://everything.yahoo.com, and also promotes a variety of broadcast programs for users to access on
`
`Yahoo TV on its social media pages such as https://www.facebook.com/YahooTV. Yahoo also dictates
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`through specific programming instructions how the interactive controls of the media player respond
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`during the presentation of video content through its streaming video delivery services, including with
`
`regard to commercials. Yahoo has been aware of the ’327 Patent since at least December 22, 2015, by
`
`way of actual notice of infringement, and also by way of OpenTV’s assertion that Yahoo infringes that
`
`patent at the time of the filing of these Counterclaims. The Yahoo interactive video advertising
`
`functionality employed by Yahoo’s streaming video delivery services available through yahoo.com and
`
`Yahoo’s branded mobile applications at least on Android or iOS devices and Yahoo’s Connected
`
`platform, including Yahoo TV are specially made and adapted to infringe the ’327 Patent, are not staple
`
`articles of commerce, and have no substantial non-infringing uses. Yahoo contributorily infringes one or
`
`more claims of the ’327 Patent by offering for sale or selling its interactive video advertising
`
`functionality employed by Yahoo’s streaming video delivery services available through yahoo.com and
`
`Yahoo’s branded mobile applications at least on Android or iOS devices and Yahoo’s Connected TV
`
`platform, including Yahoo TV.
`
`
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 5 of 21
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`
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`45.
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`Yahoo’s infringement of the ’327 Patent has been and continues to be willful and
`
`deliberate. Yahoo has been on notice of its infringement of the ’327 Patent since at least December 22,
`
`2015. However, Yahoo continued to make, use, sell, offer to sell, and/or import the interactive video
`
`advertising functionality employed by Yahoo’s streaming video delivery services despite an objectively
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`high likelihood that its actions constituted infringement of the ’327 Patent.
`46.
`
`As a result of Yahoo’s infringement, OpenTV has suffered and will continue to suffer
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`damages in an amount to be proved at trial.
`
`COUNT 4: INFRINGEMENT OF THE ’169 PATENT
`
`47.
`
`The allegations of paragraphs 1-16 of these Counterclaims are incorporated by reference
`
`as though fully set forth herein.
`48.
`49.
`
`OpenTV owns by assignment the entire right, title, and interest in the ’169 Patent.
`
`The ’169 Patent was issued by the United States Patent and Trademark Office on May 30,
`
`2006, and is entitled “Supporting Common Interactive Television Functionality Through Presentation
`
`Engine Syntax.” A true and correct copy of the ’169 Patent is attached hereto as Exhibit 4.
`50.
`51.
`
`The ’169 Patent is valid and enforceable under the laws of the United States.
`
`The technologies claimed in the ’169 Patent were aimed at solving problems specific to
`
`interactive electronic content delivery systems, such as the Internet, and in particular, the problem of
`
`coupling content distribution with interactivity, i.e., responsive to user-specific characteristics, or user-
`
`specific interactions with the electronic content delivery platforms. For example, the ’169 Patent
`
`addresses the problem of how to determine when, in light of available resources, such as bitrate
`
`resources required for an audio, video, and/or graphic presentation, to initiate the audio, video, and/or
`
`graphic presentation. A person of ordinary skill in the art reading the ’169 Patent understands that the
`
`patent’s disclosure and claims are rooted in complex computer-implemented methods that require
`
`complex computer hardware and software technologies that can be used to overcome the problem
`
`described above. For example, the ’169 Patent teaches and claims a method for enabling control of
`
`interactive television content using directives wherein “a centrally located proxy server is configured to
`
`receive, transcode and convey transcoded web based content to client devices.” ’169 Patent, Abstract. At
`
`
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`DEFENDANTS’ ANSWER AND COUNTERCLAIMS; Civil Case No.: 5:16-cv-00349
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 6 of 21
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`
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`the time of the invention, the technology of controlling interactive television content using directives
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`formed using computer languages such as HTML, scripting languages, or other languages was not a
`
`conventional business practice.
`
`52.
`
`Yahoo has directly infringed and is directly infringing at least Claim 1 of the ’169 Patent
`
`in violation of 35 U.S.C. § 271 et seq., by making, using, offering for sale, selling, and/or importing in
`
`or into the United States without authority its Yahoo Connected TV platform with adaptive streaming
`
`and resource management functionality. Furthermore, to receive the benefit of Yahoo’s Connected TV
`
`platform, users may be required to perform one or more actions, to the extent user actions are considered
`
`to meet steps of the patented method, Yahoo maintains full control over the manner or timing of the
`
`infringing steps.
`
`53.
`
`Upon information and belief, Yahoo’s Connected TV platform that employs the KONtx
`
`Framework media player meets all the elements of exemplary Claim 1 because it prohibits access to
`
`certain (unsupported) streams in response to a developer including a connection bandwidth directive. In
`
`doing so, it satisfies the claim requirement of prohibiting initiation of presentations in response to
`
`determine that the directives include a prerequisite directive.
`
`a.
`
`Contrary to Yahoo’s position, exemplary Claim 1 does not require prohibition of
`
`initiation of a presentation “until specific amounts of bandwidth and CPU capacity
`
`are obtained.” Compl. ¶ 47. Acquisition of any subset of resources, including (as in
`
`Yahoo’s case) those resources associated with the connection bandwidth, may be
`
`prescribed by the prerequisite directive. See, e.g., “Media Player API” (“If you do
`
`provide a bitrate and a connection bandwidth to the media player, then the stream
`
`selected will be the fastest one supported by the consumer’s current connection
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`speed.”),
`
`https://developer.yahoo.com/connectedtv/kontxapiref/YCTV_KONTX_Media_Player
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`_API.html:
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 7 of 21
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`b.
`
`Though the Complaint does not allege otherwise, Defendants state that Yahoo’s
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`Connected TV platform practices the other limitations of exemplary Claim 1 as well.
`
`The platform enables receiving of a set of directives indicative of audiovisual
`
`presentations requiring certain resources. See, e.g., id.:
`
`
`
`
`
`
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`c.
`
`Yahoo!’s KONtx Framework media player determines whether the directives include
`
`a prerequisite directive because Yahoo’s playlist entry configuration allows
`
`developers to decide whether or not to include a prerequisite directive, and responds
`
`differently if they do so (determining step).
`
`d.
`
`In the event there is no prerequisite directive, the player initiates the presentation
`
`(initiating step). And, as discussed above, where there is a prerequisite directive, the
`
`player prohibits initiation of presentation until necessary resources are acquired
`
`(prohibiting step).
`
`54.
`
`Yahoo has indirectly infringed, and is infringing, at least Claim 1 of the ’169 Patent in
`
`violation of 35 U.S.C. § 271 et seq., by making, using, offering for sale, selling, and/or importing in or
`
`into the United States without authority its Yahoo Connected TV platform with adaptive streaming and
`
`resource management functionality. Yahoo induces its developers and customers to infringe one or more
`
`claims of the ’169 Patent at least by encouraging them to use Yahoo’s Connected TV platform including
`
`the KONtx Framework media player, alone or in combination with Yahoo devices or the user’s devices,
`
`
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`54
`DEFENDANTS’ ANSWER AND COUNTERCLAIMS; Civil Case No.: 5:16-cv-00349
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 8 of 21
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`
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`in an infringing manner. For example, Yahoo provides its developers considerable information about its
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`infringing adaptive streaming and resource management functionality employed by its Yahoo Connected
`
`TV platform on its website https://developer.yahoo.com, including instructing its developers how to
`
`create and operate directives for content presentation, that include prerequisite directives indicating that
`
`the acquisition of a subset of identified resources is a prerequisite for initiating the presentation. Yahoo
`
`has been aware of the ’169 Patent since at least December 22, 2015 by way of actual notice of
`
`infringement, and also by way of OpenTV’s assertion that Yahoo infringes the patent at the time of the
`
`filing of this counterclaim. The adaptive streaming and resource management functionality in Yahoo’s
`
`Connected TV platform is specially made and adapted to infringe the ’169 Patent, is not a staple article
`
`of commerce, and has no substantial non-infringing uses. Yahoo contributorily infringes one or more
`
`claims of the ’169 Patent by offering to sell or selling its Yahoo Connected TV platform generally and
`
`its KONtx Framework media player specifically.
`55.
`
`Yahoo’s infringement of the ’169 Patent has been and continues to be willful and
`
`deliberate. Yahoo has been on notice of its infringement of the ’169 Patent since at least December 22,
`
`2015. However, Yahoo continued to make, use, sell, offer to sell, and/or import the Yahoo Connected
`
`TV platform (including inducing third parties to make, use, sell, offer to sell, and/or import devices
`
`operating Yahoo’s Connected TV platform) despite an objectively high likelihood that these actions
`
`constituted infringement of the ’169 Patent.
`56.
`
`As a result of Yahoo’s acts of infringement, OpenTV has suffered and will continue to
`
`suffer damages in an amount to be proved at trial.
`
`COUNT 5: INFRINGEMENT OF THE ’139 PATENT
`
`57.
`
`The allegations of paragraphs 1-16 of these Counterclaims are incorporated by reference
`
`as though fully set forth herein.
`58.
`59.
`
`OpenTV owns by assignment the entire right, title, and interest in the ’139 Patent.
`
`The ’139 Patent was issued by the United States Patent and Trademark Office on July 10,
`
`2007, and is entitled “Enhanced video programming system and method for incorporating and
`
`displaying retrieved integrated Internet information segments.” A true and correct copy of the ’139
`
`Patent is attached hereto as Exhibit 5.
`
`
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`DEFENDANTS’ ANSWER AND COUNTERCLAIMS; Civil Case No.: 5:16-cv-00349
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`

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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 9 of 21
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`
`
`60.
`61.
`
`The ’139 Patent is valid and enforceable under the laws of the United States.
`
`The technologies claimed in the ’139 Patent were aimed at solving problems specific to
`
`interactive electronic content delivery systems, such as the Internet, and in particular, the problem of
`
`automatically coupling content distribution with online information or resource acquisition to enable
`
`interactivity with the electronic content delivery platforms. For example, the ’139 Patent teaches and
`
`claims a system and method for presenting online content, including video content, in a time-specific
`
`manner. A person of ordinary skill in the art reading the ’139 Patent understands that the patent’s
`
`disclosure and claims are rooted in complex computer-implemented methods that require complex
`
`computer hardware and software technologies that can be used to overcome the problem of how to
`
`present online content with video content in a time specific manner. By way of example, such complex
`
`technology can be used to integrate video content (e.g., television shows) with information resources on
`
`the Internet (e.g., web-based advertisements). A video content provider can use specialized computer
`
`hardware and software to send video content over the Internet to a consumer electronic device. The
`
`video content programming can be embedded with addresses that provide file paths to Internet files,
`
`such as advertisements. The video content can be displayed on the consumer electronic device via
`
`specialized interface software. Addresses can be associated with time stamps that can indicate to a
`
`consumer electronic device when, during display of the video content, to display the Internet resources
`
`associated with the addresses. The specialized software interface displays the video content, and also
`
`decodes the addresses and directs a web browser to retrieve from the Internet whatever resources are
`
`identified by the addresses, such as advertising. The specialized software interface can then display both
`
`the video content and the information resources on the consumer electronic device. The technology
`
`claimed in the ’139 Patent was not a conventional business practice. The invention disclosed by the ’139
`
`Patent solved the problem of automatically using timing cues to control the display of online content. In
`
`other words, the ’139 Patent disclosed, in at least one embodiment, a system for using timing indicia in a
`
`single video presentation to retrieve content related to the presentation during playback of said
`
`presentation. The invention disclosed “is a means to close the gap between video programming and the
`
`information superhighway of the Internet.” ’139 Patent at 1:64-66.
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 10 of 21
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`
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`62.
`
`Yahoo has directly infringed, and is directly infringing, at least Claim 8 of the ’139
`
`Patent, in violation of 35 U.S.C. § 271 et seq., by making, using, offering for sale, selling, and/or
`
`importing in or into the United States without authority its Yahoo streaming video service available
`
`through yahoo.com and Yahoo’s branded mobile applications available at least on Android or iOS
`
`devices and Yahoo’s Connected TV platform that provides advertisements and other content associated
`
`with timing indicia. Furthermore, to receive the benefit of Yahoo’s streaming video service, users may
`
`be required to perform one or more actions, to the extent user actions are considered to meet steps of the
`
`patented method, Yahoo maintains full control over the manner or timing of the infringing steps.
`63.
`
`Upon information and belief, one or more of Yahoo’s streaming video services meets all
`
`the elements of exemplary Claim 8 as it encodes a video program that includes timing indicia that
`
`identify advertisement breaks and those advertisement breaks display interactive video ads obtained
`
`from an online address.
`a.
`
`Yahoo presents interactive video ads in an environment “containing a program and at
`
`least one address identifying online content relating to the program.” ’139 Patent at
`
`14:11-13. The “program” in Yahoo’s streaming video service is the video itself. The
`
`“address” is the source of online information related to the video that Yahoo displays.
`
`In at least one embodiment, the addresses used are uniform resource locators (URLs).
`
`See id., 3:41-42. In digital transmissions, that address may be sent “in one of the data
`
`fields.” Id. at 5:9-10. And that address may “be sent independently of the video”
`
`itself. Id. at 6:2.
`
`b.
`
`To display its videos to users, Yahoo “combin[es] the address, the program, and
`
`timing indicia for controlling when the address is used for retrieving online content
`
`relating to the program into the programming signal.” Id. at 14:15-18. The
`
`“combining” step refers to Yahoo’s media server components that prepare the
`
`program signal for transmission or playback. The “address” is the source of the online
`
`advertisement related to the video that Yahoo displays. The “program” is the video
`
`that Yahoo presents. And the “timing indicia” are temporal cues that Yahoo uses to
`
`play certain interactive video advertisements along with a user-selected video. Put
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 11 of 21
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`together, Yahoo’s system displays videos with visual markers for the places at which
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`it will display advertisements. See, e.g., https://www.yahoo.com/tv/project-runway-
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`road-to-the-runway-full-episode-the-125434964335.html (displaying a user-selected
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`video program in which visual indicators of the timing indicia are circled with red
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`arrows).
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`c.
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`Yahoo “transmit[s] the programming signal to a user.” ’139 Patent at 14:19. The
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`“transmission” step refers to the Yahoo media server or servers that transmit the
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`programming signal to the client.
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`d.
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`In Yahoo’s system, “the address can be used to automatically retrieve and play online
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`content to a user in conjunction with the program and the timing indicia controls
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`when the address is used for retrieving online content relating to the program into the
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`programming signal.” ’139 Patent at 14:20-24. Yahoo directs a user’s device to
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`“automatically retrieve and play online content” when Yahoo’s timing indicia specify
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`when an ad is to be played, and that ad is subsequently obtained and presented to the
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`viewer. The system automatically uses the address in the programming signal to
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`retrieve and play the selected ad.
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`64.
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`Yahoo has indirectly infringed, and is indirectly infringing, at least Claim 8 of the ’139
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`Patent in violation of 35 U.S.C. § 271 et seq., by making, using, offering for sale, selling, and/or
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`DEFENDANTS’ ANSWER AND COUNTERCLAIMS; Civil Case No.: 5:16-cv-00349
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 12 of 21
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`
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`importing in or into the United States without authority its streaming video services available through
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`yahoo.com and Yahoo’s branded mobile applications available at least on Android or iOS devices and
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`Yahoo’s Connected TV platform using timing indicia in the presentation of online content. Yahoo
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`induces its users to infringe one or more claims of the ’139 Patent at least by encouraging them to use its
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`video streaming services, which display interactive video ads at certain time markers, alone or in
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`combination with Yahoo devices or the users’ devices, in an infringing manner. For example, Yahoo
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`provides its users at www.yahoo.com/tv with streaming videos that have marked in those videos certain
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`time-locations at which advertisements are obtained from online addresses and will play. Yahoo also
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`dictates through specific programming instructions how the media player responds to these encoded
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`time-location markers to cause the online advertisements to be obtained. Yahoo has been aware of the
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`’139 Patent since at least December 22, 2015, by way of actual notice of infringement, and also by way
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`of OpenTV’s assertion that Yahoo infringes that patent at the time of the filing of this Counterclaim.
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`Yahoo’s streaming media with timing indicia are specially made and adapted to infringe the ’139 Patent,
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`are not staple articles of commerce, and have no substantial non-infringing uses. Yahoo contributorily
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`infringes one or more claims of the ’139 Patent by offering for sale or selling its streaming media service
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`available through yahoo.com and Yahoo’s branded mobile applications available at least on Android or
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`iOS devices and Yahoo’s Connected TV platform that uses timing indicia in the presentation of online
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`content.
`65.
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`
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`Yahoo’s infringement of the ’139 Patent has been willful and deliberate. Yahoo has been
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`on notice of its infringement of the ’139 Patent since at least December 22, 2015. However, Yahoo
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`continued to make, use, sell, offer to sell and/or import its interactive video ads despite an objectively
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`high likelihood that its actions constituted infringement of the ’139 Patent.
`66.
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`As a result of Yahoo’s acts of infringement, OpenTV has suffered damages in an amount
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`to be proved at trial.
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`COUNT 6: INFRINGEMENT OF THE ’437 PATENT
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`67.
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`The allegations of paragraphs 1-16 of these Counterclaims are incorporated by reference
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`as though fully set forth herein.
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 13 of 21
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`68.
`69.
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`OpenTV owns by assignment the entire right, title, and interest in the ’437 Patent.
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`The ’437 Patent was issued by the United States Patent and Trademark Office on August
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`5, 2008, and is entitled “Enhanced video programming system and method for incorporating and
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`displaying retrieved integrated Internet information segments.” A true and correct copy of the ’437
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`Patent is attached hereto as Exhibit 6.
`70.
`71.
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`The ’437 Patent is valid and enforceable under the laws of the United States.
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`The technologies claimed in the ’437 Patent were aimed at solving problems specific to
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`interactive electronic content delivery systems, such as the Internet, and in particular, the problem of
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`automatically coupling content distribution with online information or resource acquisition to enable
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`interactivity with the electronic content delivery platforms. For example, the ’437 Patent teaches and
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`claims a system and method for integrating video programming with web-based content by
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`automatically displaying a video and a website or other web-based content. A person of ordinary skill in
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`the art reading the ’437 Patent would understand that the patent’s disclosure and claims are rooted in
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`complex computer-implemented methods that require complex computer hardware and software
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`technologies that can be used to overcome the problem described above. At the time of the invention,
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`the technology of synchronizing the display of a video with online content was not a conventional
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`business practice. For example, the ’437 Patent explains that, before the ’437 Patent, the field lacked “a
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`means to close the gap between video programming and the information superhighway of the Internet.”
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`’437 Patent at 2:4-6. The ‘437 Patent thus disclosed “a mechanism for combining the user-friendly
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`visual experience of television with the vast information resources of the Internet.” Id. at 2:10-12.
`72.
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`Yahoo has directly infringed and is directly infringing at least Claim 4 of the ’437 Patent
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`in violation of 35 U.S.C. § 271 et seq., by making, using, offering for sale, selling, and/or importing in
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`or into the United States without authority its interactive video advertising functionality, companion
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`banner ads, overlaid banner ads, and BrightRoll ad bars employed by its streaming video delivery
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`services available through yahoo.com and Yahoo’s branded mobile applications available at least on
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`Android or iOS devices and Yahoo’s Connected TV platform. Furthermore, to receive the benefit of
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`Yahoo’s interactive video ads, users may be required to perform one or more actions, to the extent user
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 14 of 21
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`
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`actions are considered to meet steps of the patented method, Yahoo maintains full control over the
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`manner and/or timing of the infringing steps.
`73.
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`Upon information and belief, one or more of Yahoo’s interactive video advertising
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`functionalities, alone or in combination with Yahoo mobile applications, meets all the elements of
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`exemplary Claim 4 as Yahoo’s interactive video ads include a media player that can receive video
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`programming with an embedded address, extract that address, and direct the display of the information
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`contained therein.
`a.
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`Contrary to Yahoo’s position, see Compl. ¶ 34 (“[A]nything that might qualify as an
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`address is decoupled from the programming signal and sent to the end-user from a
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`different server than the programming signal.), Yahoo uses an “embedded address” to
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`provide accesses to its video and companion banner ads. ’437 Patent at 14:44-46. The
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`specification states, “URLs [i.e., web addresses] could also be embedded in other
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`fields . . . or if digital, in one of the data fields.” Id. at 5:8-11. The “URLs can be sent
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`down independently of the video program on a data channel.” Id. at 5:13-14. The
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`addresses thus need not be encoded within frames of video such as in the vertical
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`blanking interval or sent from the same server as the video itself. The addresses that
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`Yahoo provides are “embedded,” even if they are decoupled from a video stream
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`because Yahoo provides them as part of a digital programming signal.
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`b.
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`Though Yahoo does not allege otherwise, Defendants state that Yahoo’s video
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`streaming service displays interactive video ads, companion banner ads, overlaid
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`banner ads, and BrightRoll ad bars to users. As described below, these and other
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`Yahoo ads and associated content are displayed through “a system for receiving a
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`programming signal containing an embedded address, the address identifying a
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`source of at least one online information segment related to the programming signal.”
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`’437 Patent at 14:39-42. As depicted in the following images, during playback of an
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`interactive video ad, Yahoo uses an embedded address to retrieve and display
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`companion banner ads, overlaid banner ads, BrightRoll ad bars, and/or other ad
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`formats. See, e.g., https://admarketing.yahoo.net/rs/118-OEW-181/images/AUSpecs-
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`Case 5:16-cv-00349-NC Document 19-2 Filed 04/11/16 Page 15 of 21
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`Ad-Bar.pdf (showing the specification fo