IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`SIGHTSOUND TECHNOLOGIES, LLC,
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`Plaintiff, Counter-Defendant
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`v.
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`APPLE INC.
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`Defendant, Counter-Plaintiff.
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`Civil Action No.2:11-cv-01292-DWA
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`Senior District Judge Donetta W. Ambrose
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`PLAINTIFF SIGHTSOUND TECHNOLOGIES, LLC’S, EXPERT REPORT
`OF JOHN SNELL
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`Confidential Information
`Subject to Protective Order
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`April 22, 2012
`Date
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`John Snell
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`I.
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`Introduction
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`1.
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`This report gives the opinions, and their underlying bases and reasons, about
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`which I may testify at trial on behalf of SightSound Technologies, LLC (“SightSound”). This
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`report further includes information regarding
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`This report also includes information regarding the advantages of the
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`invention in the patents-in-suit over the prior art.
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`In addition to these opinions and their
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`underlying reasoning and bases, I reserve the right to respond to assertions made by Defendant’s
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`expert witnesses or fact witnesses and to testify in rebuttal to evidence that Apple may present
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`during trial.
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`2.
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`I have been retained by the plaintiff SightSound Technologies, LLC
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`(“SightSound”), to serve as an expert in this case. I expect to testify at trial regarding the matters
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`set forth in this report if asked about these matters by the Court or the parties’ attorneys.
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`3.
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`I am an engineer, and reside and work in San Geronimo, California. I specialize
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`in the design and analysis of microelectronics, software, and systems for recording, playing,
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`synthesis, processing and transferring of electronic media over electronic networks. I have over
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`four decades of experience in electronics engineering, computer science, signal processing
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`mathematics, and the engineering of audio, video and music.
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`I have researched, designed,
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`developed and analyzed the microelectronics and software of numerous digital music and video
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`systems.
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`4.
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`I studied at Carnegie-Mellon University from 1967–74. My interdisciplinary
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`graduate work through the electrical engineering department at Carnegie-Mellon University was
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`performed with a grant from the National Science Foundation. I earned my Bachelor of Science
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`degree in Electrical Engineering and my Bachelor of Arts degree in Cybernetics (an
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`interdisciplinary program, combining coursework in computer science, signal processing
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`mathematics, physics, music analysis and composition, psychology and physiology of perception
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`as well as audio, video and electrical engineering) at Carnegie-Mellon University.
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`I wrote my
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`first computer program in 1968 on a mainframe computer at Carnegie-Mellon University, where
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`I took courses in programming, including data structures and software design for real-time
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`systems. I have programmed computers and media processing digital systems at all levels, from
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`high-level code down to assembly language and microcode (including binary, octal and
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`hexadecimal for debugging systems).
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`5.
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`I worked on the development of a large multiprocessing system and a graphics
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`display processor, as well as analog-to-digital and digital-to-analog audio converters in the
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`Engineering Lab of the Artificial Intelligence Lab at Carnegie-Mellon University in the early
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`1970s.
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`I co-designed the microelectronics and software of a real-time microwave (wireless)
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`signal analyzer in the mid-1970s.
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`6.
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`I am the founder (1976) and original editor of the COMPUTER MUSIC JOURNAL,1 an
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`academic publication of international research on the application of computer science, signal
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`processing mathematics, electronics, software, physics, acoustics and psychology of perception
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`to the composition, recording, editing, and processing of music. Publication of several books2
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`resulted from the articles I collected and edited.
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`7.
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`I also did research in digital audio and music processing at Stanford University
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`from 1977–1980 at the Center for Computer Research in Music and Acoustics (CCRMA).
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`I
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`1 COMPUTER MUSIC JOURNAL, MIT Press.
`2 Revised articles from the COMPUTER MUSIC JOURNAL with new articles edited by John Snell, John Strawn and
`Curtis Roads were published in 3 books: FOUNDATIONS OF COMPUTER MUSIC (MIT PRESS 1985), DIGITAL AUDIO
`ENGINEERING (Kaufmann 1985), and DIGITAL AUDIO SIGNAL PROCESSING (Kaufmann 1985).
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`worked on the development of the third generation of the CCRMA mainframe computer for
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`editing, signal processing, and playing digital music files, and our computer was connected to the
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`ARPANET.
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`8.
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`I was a design engineer from 1980–86 at Lucasfilm Ltd., where we designed and
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`developed the microelectronics and software of graphics-based multiprocessor supercomputers
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`for recording, processing, synthesis, editing and transferring of digital music, voices, Foley, and
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`sound effects. In addition to design of the programmable digital mixing console and solid state
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`memory system of our Digital Audio Signal Processor (a.k.a. ASP and SoundDroid), I
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`contributed to the architecture3 and use of higher-speed circuitry (change from noisy, slower
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`TTL to faster, less noise-prone, ECL supercomputer integrated circuitry4) for real-time operation.
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`Our ASP/SoundDroid system included static and dynamic random access semiconductor
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`memory (RAM) as well as disk drives for storing digital audio. This multiprocessor system was
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`designed so that multiple channels of digital audio could be transmitted over a private Ethernet
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`(ASPnet) between the disk drives connected to the memory systems of the processors. Our Trio
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`project was designed for editing digital audio and video with optical video disks.
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`9.
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`I designed several real-time multiprocessing systems for processing digital media
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`signals over the last few decades5 and 6 and wrote a book,7 which detailed my design of numerous
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`3 Contributions to the architecture included replacement of the traditional single-bus with a dual-bus for faster
`processing (since most calculations involve dual-operands), touch-sensitive, interactive graphics screen technology
`for ease of editing, and use of a hinged paging design for easy troubleshooting access to signals.
`4 Emitter-coupled-logic (ECL) was a faster and cleaner method of electronics design than TTL. Electronic circuitry
`known as transistor-transistor technology (TTL) was commonly used for digital design in the 1970s and 1980s.
`Schottky TTL sometimes failed due to its electrical noise and reflections over lines connecting TTL chips. From
`troubleshooting experience with the noise generated by, and line reflections of, Schottky TTL in developing large
`digital systems in the 1970s, I realized the need for a faster and more reliable supercomputer technology. Speed was
`an essential ingredient for real-time processing of media during this period. However, I designed portions of our
`less speed-critical user interface with more energy-efficient CMOS (complimentary metal-oxide-semiconductor)
`integrated circuitry, which became the dominant technology for microprocessors.
`John M. Snell, Expandable Interactive Real-time Multiprocessor DSP, PROCEEDINGS OF THE IEEE ASSP
`5
`WORKSHOP ON APPLICATIONS OF SIGNAL PROCESSING TO AUDIO AND ACOUSTICS ( IEEE Press 1989).
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`architectures for processing audio and video.
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`In 1989, I was invited to give an international
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`presentation on real-time software design issues in programming multiprocessor systems,8 which
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`was subsequently published by the Audio Engineering Society.
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`In the 1990s, I worked on the
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`design of a supercomputer chip and software for personal home computers, which enabled
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`simultaneous processing of multiple streams of media. This integrated circuit with its software
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`was designed to receive, decode and process digital video, digital audio and graphics while
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`implementing modem connection to the Internet. These systems were designed with static and
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`dynamic RAM (Random Access Memory) as well as non-volatile digital storage.
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`10.
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`Over the last decade, I worked on the design of a multiprocessing supercomputer
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`system which allowed customers to select their own movies and music over the Internet and have
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`them transmitted from solid state memory to their home over the higher-fidelity cable TV and
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`satellite dish (wireless) networks, including thousands of channels of high-fidelity digital audio
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`and high-definition digital video.
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`I also worked on the design/analysis of smartphone
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`applications involving digital media.
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`I have used the Internet and its predecessor,
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`the
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`ARPANET, since 19729 for my research and development work in digital media. I have given
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`lectures and engineering presentations at
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`international conferences,
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`research centers and
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`universities.10
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`6 John Snell, Professional Real-time Signal Processor for Synthesis, Sampling, Mixing & Recording, PROCEEDINGS
`OF THE 83RD CONVENTION OF THE AUDIO ENGINEERING SOCIETY (Audio Engineering Society 1987).
`7 John M. Snell, MULTIPROCESSOR ARCHITECTURES & DESIGN TECHNIQUES FOR MEDIA SIGNAL PROCESSING &
`SYNTHESIS 1991–1995 (Timbre Engineering 1995).
`8 John M. Snell, Multiprocessor DSP Architectures & Implications for Software, AUDIO IN DIGITAL TIMES (Audio
`Engineering Society 1990).
`9 For example, my first transmission of digital files of music instrument designs with scores to play them was from
`Carnegie-Mellon University to Stanford University in the early 1970s over the ARPAnet. This was years ahead of
`the less expressive MIDI standard.
`10
`I have given lectures and engineering presentations at Audio Engineering Society international conferences,
`International Computer Music Conferences, Institute of Electrical and Electronics Engineers (IEEE) International
`Conference on Signal Processing Applications and Technology, Stanford University, Institut de Recherche et
`Coordination Acoustique/Musique (IRCAM, Paris), University of California, Microprocessor Forum, Eastman
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`speed transfer of digital audio and video files for storage, easy recall of stored music for
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`playback as selected or programmed by the user, changing the playback order of stored music
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`based on different criteria, such as music category, artist, or user’s favorite songs, and the
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`random playback of music based on the user’s selection. Id. at 2:44–61.
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`32.
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`For protection from piracy, the ’573 patent discloses that digital audio and video
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`files can be transferred from a source authorized by the copyright holder to sell and distribute the
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`digital files. Id. at Fig. 1 & 2:55–58. In short the claimed invention provides a new method of
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`selling and distributing music over telecommunications lines, that reduces the time between
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`music creation, music marketing and music sale. Id. at 2:65–3:2.
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`B.
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`33.
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`The ’440 patent
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`The ’440 patent is based on the same application as the ’573 patent and shares the
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`same specification as the ’573 patent. The claims of the ’440 patent—while different from the
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`claims of the ’573 patent—are directed to the same general subject matter as the ’573 patent—
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`the sale and distribution of digital audio and digital video files.
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`IV.
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`Background of Fleming opinion
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`34.
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`In April 2003, Apple launched the iTunes Store. One of ordinary skill in the art
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`would understand that Apple worked on the development of the iTunes Store for some time
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`before the iTunes Store was launched.
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`35.
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`In February 2003—two months prior to the launch of the iTunes Store and while
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`the iTunes Store was still
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`in
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