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`US. Patent No. 5,966,440
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`Filed on behalf of
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`Petitioner Apple Inc.
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`By:
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`Steve]. Baugl'lman
`Ching—Lee' Fukuda
`james R. Batchelder
`ROPES & GRAY LLP
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.
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`Pmfiwzer
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`V.
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`SIGHTSOUND TECHNOLOGIES, LLC
`Parent Owner
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`Case GEE-1201300023
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`US. Patent No. 5,966,440
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`Before the Honorable MICHAEL P. TIERNEY, jUSTIN T. ARBES, and
`GEORGIANNA \X". BRADEN,
`
`Admzfimmz‘iye Pateflffztdgw
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`DECLARATION OF JEFFREY ROBBIN
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`lVlAIL STOP PATENT BOARD
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`Patent Trial and Appeal Board
`United States Patent and Trademark Office
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`Post Office Box 1450
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`Alexandria, Virginia 22313—1450
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`41491331_1
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`Apple Exhibit 4413
`Apple v. SightSound Technologies
`CBM2013-00023
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`Apple Exhibit 4413
`Apple v. SightSound Technologies
`CBM2013-00023
`Page 00001
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`I, jeffrey Robbin, declare:
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`1.
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`I am employed by Apple Inc. (“Apple”) as Vice President, iTunes and
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`Apple TV.
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`I am over the age of 18, I have personal knowledge of the facts set forth
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`herein, and I am competent to testify regarding these facts.
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`2.
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`In my current capacity at Apple, my responsibilities include overseeing
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`the development of the iTunes client and setting product direction. The iTunes client
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`is the software that runs on Microsoft ‘Windows or (Mac) OS X computers and iOS
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`devices that, in addition to other functions, provides users with access to the iTunes
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`Store.
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`3.
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`I began working at Apple as an intern in 1992 and returned full time in
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`1993. In 1997, I left Apple and later started the company SoundStep. While at
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`SoundStep, I, along with Bill Kincaid and David Heller, developed the software
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`product SOundjam MP, a music player product for the Mac. Soundjam MP, among
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`other things, allowed users to play music, transfer music from their computers to MP3
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`players, create playlists, and transfer music from CD8 to their computers and convert
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`to MP3 format.
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`4.
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`In September 2000, Apple acquired SoandStep, and I returned to Apple
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`as part of the acquisition.
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`I was employed as an engineer to continue my work on
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`Soundjam MP, which was the predecessor product to iTunes.
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`I was responsible,
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`along with Mr. Kincaid and Mr. Heller, for the development of the iTunes client.
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`iTunes commercially launched injanuary 2001.
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`5.
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`Prior to March 2002, I became involved in developing a music purchase
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`service for Apple, which became the iTunes Music Store, currently known as the
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`iTunes Store.
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`6.
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`I was one of the leaders of the initial development team for the iTunes
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`Music Store. An internal demonstration version of the i’l'unes Music Store was
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`available by the end of 2002. The i'llunes Music Store officially launched on April 23,
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`2003.
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`7.
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`The iTunes client and iTunes Music Store include man)r technological
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`features developed by Apple. One example is the “Genius” feature, which, among
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`other functions, implements a sophisticated algorithm to provide recommendations
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`based on past purchases. Apple has been granted US. patents on many inventions
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`relating to the iTunes Music Store, including user interface technology, playlist
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`management, presentation of media on a device, secure access to content, and
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`assigning ratings. For example, Apple patents for which I am one of the named
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`inventors include US. Patent No. 7,853,893 relating to a graphical user interface for
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`searching, browsing, previewing, and / or purchasing media items; US. Patent No.
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`6,728,729 relating to accessing media across networks; US. Patent No. 7,765,326
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`relating to improved interaction between a host computer and a media player; US.
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`Patent No. 7,797,446 relating to automatic updating of playlists; US. Patent No.
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`7,827,259 relating to selecting and presenting media items at a media device; US.
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`Patent No. 7,844,498 relating to interacting with an online media store to obtain a
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`media asset bundle; US. Patent No. 7,895,661 relating to secure access to content
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`within media files; US. Patent No. 7,958,441 relating to management of playlists; and
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`US. Patent No. 8,046,369 relating to assigning ratings to media assets. Apple also has
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`been granted many other patents, for which I am not a named inventor, for
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`innovative features of the iTunes client and iTunes Store.
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`8.
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`To my recollection, I had not heard of, nor was 1 aware of, any
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`SightSound entity or any services offered by any SightSound entity before 2003.
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`I
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`also have no recollection of any communication from either Torn \Weyer or Mark
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`}avini (now Marco Mazzoni) relating to SightSound or to the concept of electronic
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`purchase of digital audio or video signals over telecommunication lines. Nor am I
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`aware of anyone in the development team for the launch of the iTunes Music Store,
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`including Mr. Heller, who knew anything about SightSound or its services prior to
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`2003, or had such communication from either Mr. \Veyer or Mr. Gavini (now Mr.
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`Mazzoni). As one of the leaders of the development team for the iTunes Music Store,
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`if anyone had heard of SightSound or received any information about SightSound that
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`related to the iTunes Music Store, I believe I would have been aware of it.
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`9.
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`I am informed that SightSound is alleging in this proceeding—”more than
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`10 years after Apple developed and launched the iTuneS Music Store
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`that Apple
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`
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`developed the iTunes client and iTun‘es Music Store by copying from SightSound.
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`Based on my knowledge and experience as a key member of the development team
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`for the iTunes client and the i'l‘unes Music Store, that allegation is utterly false. Apple
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`developed those technologies based on the predecessor product Soundjam MP that it
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`acquired in September 2000, and based on the significant innovative work done at
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`Apple to make commercially viable the idea—prevalent in the industry since the mid-
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`19805—that it would be desirable to sell music and video files over computer
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`networks. Apple’s work on this project was both innovative and pioneering, which
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`helps to explain why Apple became the market leader so soon after its launch of the
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`iTunes Music Store. Based on my core involvement in this project, and my extensive,
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`sustained interaction with all of the other team members in developing the iTunes
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`ecosystem, Apple did not copy anything from any SightSound entity.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct.
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`Dated: March A, 2014
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`I 2%” '
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`jeffrey Robbin
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