IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of: Hulst et al.
`U.S. Patent No.: 8,033,458
`Issue Date:
`October 11, 2011
`
`Appl. Serial No.: 12/943,847
`Filing Date:
`November 10, 2010
`DATA STORAGE AND ACCESS SYSTEMS
`Title:
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`USPTO Control No.: TO BE DETERMINED
`
`DECLARATION OF DR. JEFFREY A. BLOOM
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`1. My name is Dr. Jeffrey A. Bloom. I understand that I am submitting a declaration in connection
`with the above-referenced Covered Business Method (“CBM”) review proceeding pending in the
`United States Patent and Trademark Office for U.S. No. 8,033,458 (“the ‘458 Patent”).
`
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`2. I have been retained on behalf of Samsung Electronics America, Inc. to offer technical opinions
`with respect to the 458 Patent and the prior art references cited in this CBM review. My
`compensation is not based on the outcome of my opinions.
`
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`3. I am not a lawyer. However, counsel has advised me of legal concepts that are relevant to CBM
`review proceedings and to the opinions that I offer in this declaration. I understand that, during
`CBM review, claims of the subject patent are given a broadest reasonable interpretation.
`Counsel has advised me that the broadest reasonable interpretation must be consistent with the
`specification, and that claim language should be read in light of the specification and teachings in
`the underlying patent.
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`4. I have reviewed the '458 patent, including the claims of the patent in view of the specification,
`and I have reviewed the '458 patent's prosecution history. In addition, I have reviewed the
`following documents: PCT Publication No. WO 00/08909 (“Gruse”), U.S. Patent No. 5,530,235
`(“Stefik ‘235”), U.S. Patent No. 5,629,980 (“Stefik ‘980”), U.S. Patent Application No.
`10/111,716 (“the ‘716 application”), PCT Application No. PCT/GB00/04110 (“the ‘110
`application”), United Kingdom Patent Application GB9925227.2 (“the ‘227.2 application”).
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`5. I am currently Director of System Engineering and Software Development for Conditional
`Access and Identity Management Systems for SiriusXM radio. In my current position at
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`SiriusXM, I manage systems that employ many of the industry standard techniques for
`calculating one-way hash functions, encrypting content with both symmetric and asymmetric
`encryption, key management, key generation, zero-knowledge proof, authentication via digital
`signature, and other industry standard security techniques. I lead a team of systems engineers,
`requirement analysts, and software developers responsible for all conditional access (CA)
`security systems. This includes CA systems to control delivery of satellite radio services to
`automobiles and other satellite signal receivers, CA systems to control the delivery of streaming
`audio services over the Internet, and CA systems to control delivery of telematics services to
`automobiles. The systems that I manage rely on cryptographic methods and systems for
`protecting content and managing keys, and include identity management infrastructure such as
`SAML and Auth solutions for sign-on. As the Director of System Engineering and Software
`Development for Conditional Access and Identity Management Systems for SiriusXM radio, I
`am familiar with various licensing and reporting requirements, and royalty payment regimes
`used to compensate copyright owners for the broadcast transmission of copyrighted content. A
`media company like SiriusXM had direct arrangements with many rights holders.
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`6. From 1997 to 2000, I worked for Signafy (acquired by NEC) where I developed digital
`watermarking technology for use in rights management systems, and participated in the Data
`Hiding Subgroup of the Copy Protection Technical Working Group. In this role, I became very
`familiar with the field of Digital Rights Management and underlying cryptographic component
`technologies including digital signatures, digital certificates, and public key encryption.
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`7. From 2000 to 2005, I worked with the National Institute of Standards and Technology to develop
`robust tracking technology allowing content owners to identify sources of digital piracy of
`motion picture content.
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`8. In 2012, I worked as a Video and Streaming Consultant for VideoTechResearch LLC of
`Princeton Jct, NJ. VideoTechResearch provides consulting services that include on-site systems
`engineering for multimedia security and streaming, pre-sales business development, project
`management, and strategy and roadmap development. While at VideoTechResearch, I supported
`SiriusXM Satellite Radio, where I worked with the Streaming Services and Products group on
`the architecture of an IP streaming solution based on HLS with associated metadata. I also wrote
`the primary API documentation for the back-end systems and provided support to partner client
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`developers implementing clients based on that API. I also supported DAX Technologies, where I
`worked with DAX executives to create a video quality monitoring solution proposal for external
`customers.
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`9. Since 2012, I also have been an Adjunct Professor of Electrical and Computer Engineering at the
`New Jersey Institute of Technology Newark, NJ. In this role, I have taught graduate-level
`courses in Digital Image Processing
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`10. From 2009 – 2012, I also worked at Dialogic, Inc. in Eatontown, NJ as the Director Video
`Technologies. At Dialogic, I developed the technology and software components for a new QoE
`video quality monitoring and tracking business, enabling monitoring and tracking of video
`quality across VOD and live streaming.
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`11. From 2008 – 2009, I was a research center director at Thomson, Inc. (Technicolor) in Burbank,
`CA, where I managed a research center of 2 administrators and 15 researchers working in the
`areas of content security, signal processing, and content production and management.
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`12. From 2005–2009, I was a content security lab manager at Thomson, Inc. (Technicolor) in
`Princeton, NJ, where I managed an international group of 10 researchers in the US, France, and
`Germany. I led content security R&D efforts including conditional access systems, digital rights
`management systems, and watermarking systems. I also provided content security expertise and
`technical support for all Thomson business units.
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`13. From 2000–2005, I was a technology leader at Sarnoff Corporation in Princeton, NJ. At Sarnoff,
`I lead Sarnoff’s digital watermarking research efforts in tracking watermarks for motion picture
`content, digital cinema watermarking, video database watermarking, and removable visible
`attribution watermarks; authentication watermarks. I also Developed Sarnoff's audio
`fingerprinting technology for audience monitoring and automatic audit log creation.
`
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`14. From 1998–2000, I was a research scientist at the NEC Research Institute / Signafy, Inc. in
`Princeton, NJ. There, I developed a number of still image watermarking products, and I
`developed two video watermarking technologies designed for broadcast monitoring and copy
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`protection, respectively. I also designed, implemented, and executed testing and evaluation
`procedures for video watermarking technologies.
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`15. From 1995-1999, I earned my Ph.D. Electrical and Computer Engineering from University of
`California Davis, CA. My thesis was titled, “The Derivative of Gaussian Transform,” and my
`advisor was Todd Reed. I was a U.S. Department of Education GAANN Fellow under a TRW
`Fellowship. My research represented a study of models of the human visual system and the use
`of one such model to design and build 2D and 3D spatial and spatio-temporal transforms for
`images and image sequences. This transform was then used to build image and image sequence
`compression algorithms that are competitive with JPEG and H.261, respectively.
`
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`16. In 1990, I earned my M.S. Electrical and Computer Engineering from the Worcester Polytechnic
`Institute Worcester, MA. My thesis was entitled, “Feature Extraction and Surface Recognition
`of Arbitrary Surfaces from Range Data.” This research focused on the modeling of surface data
`clouds, as might be obtained from contemporary lidar systems. An adaptive optimization
`method is applied to a standard triangular mesh to align mesh nodes with 3D feature points.
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`17. In 1987, I earned my in B.S. Electrical Engineering from the Worcester Polytechnic Institute in
`Worcester, MA.
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`18. I was an Associate Editor, EURASIP Journal on Information Security, 2006 – 2014, and an
`Associate Editor, Springer LNCS Transactions on Data Hiding and Multimedia Security, 2006 –
`2014. I was involved with the Technical Program Committee, IEEE International Conference on
`Images Processing 2014; the Technical Program Committee, International Workshop on Quality
`of Multimedia Experience (QoMEX), 2010 – 2013; the Technical Program Committee, SPIE
`Security and Watermarking of Multimedia Contents, 2003 – 2014; the IEEE Multimedia Signal
`Processing Technical Committee, 2008-2012.
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`19. I worked as an editor for Transactions on Evolutionary Computation, 2011; European Signal
`Processing Conference (EUSIPCO), 2008-2011; Journal of Digital Forensics, Security and Law,
`2009; and International Journal of Computer Mathematics, 2008.
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`20. I am an author of two books, including a leading textbook in digital watermarking – an image
`processing technology used for DRM, "Digital Watermarking" by Ingemar J. Cox, Matthew L.
`Miller, and Jeffrey A. Bloom, Morgan Kaufmann Publishers, Inc., San Francisco, 2002, and also
`"Digital Watermarking and Steganography, 2nd Edition" by Ingemar J. Cox, Matthew L. Miller,
`Jeffrey A. Bloom, Jessica Fridrich, and Ton Kalker, Morgan Kaufmann Publishers, Inc., San
`Francisco, 2008.
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`21. I have also published chapters in two books: Digital Rights Management–Concepts and
`Applications by Kambhammettu (2005) and Multimedia Security by Zeng, Yu and Lin (2006)
`
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`22. My findings explained below are based on my study, experience, and background
`in the digital rights management industry, and are further informed by my education in electrical
`and computer engineering. This declaration is organized as follows:
`
`
`I. Overview
`II. Terminology
`III. Discussion of References
`A. Discussion of the Gruse Reference
`B. Discussion of the Stefik ‘235 and Stefik ‘980 References
`C. Discussion of the Combination of References
`IV. Discussion of the Priority Application
`V. Ineligibility of the Subject Matter of the Challenged Claims
`VI. Legal Principles
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`I. Overview
`23. The ‘458 Patent claims and describes systems and methods relating to financial activity;
`specifically, for processing payments for data downloads. See ‘458 at Abstract, 1:21-28, claim
`6. In the words of the Patent Owner, the claims are directed toward “storing and paying for data”
`and toward “[a] data access terminal for retrieving stored data from a data carrier.” See ‘458 at
`1:21-28, claim 6. In more detail, the subject matter of claim 6 covers the abstract idea of
`enabling limited use of paid-for/licensed content (which was done with pen and paper for
`decades prior to the invention of modern computers), and fails to meaningfully limit the scope of
`that coverage. See ‘458 at 2:7-15, 5:29-38, claim 6. Claim 6 is not tied, for example, to a
`specific machine, and it fails to transform an article into a different state or thing. Id. The
`independent claims of the ‘458 Patent do recite computer-related terms such as “payment
`system”, “data store”, and “processor”, but these are generic computer terms referring to
`concepts that were well understood by the ‘458 Patent’s effective filing date. Indeed, as
`described in more detail below, several prior art references show that the claims of the
`‘458Patent altogether fail to recite a novel and unobvious technological feature, just as they fail
`to recite a technical problem solved by a technical solution.
`
`24. The specification of the ‘458 Patent confirms that the computer-related terms recited in the ‘458
`Patent’s claims do in fact relate to technology that is merely, in the words of the patentee,
`“conventional”: the specification states, for example, that “The data access terminal may be a
`conventional computer or, alternatively, it may be a mobile phone” that terminal memory “can
`comprise any conventional storage device,” and that a “data access device . . . such as a portable
`audio/video player . . . comprises a conventional dedicated computer system including a
`processor . . . program memory . . . and timing and control logic . . . coupled by a data and
`communications bus.” 4:4-5, 16:46-49, 18:24-30. That the ‘458 Patent is concerned with
`financial-related data processing rather than with technological innovation is further confirmed
`by other statements in the specification, explaining that payment data forwarded to a payment
`validation system may be “data relating to an actual payment made to the data supplier, or . . . a
`record of a payment made to an e-payment system” that can be “coupled to banks.” See ‘458 at
`6:60-7:2, 13:35-55. In short, the ‘458 Patent applies generic computer technology toward the
`solution of a financial problem: enabling limited use of paid-for/licensed content. See ‘458 at
`2:7-15, 5:29-38.
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`25. This subject matter was, at the ‘458 Patent’s effective filing date, already well known in the prior
`art. Indeed, the references discussed in this declaration provide robust description of the very
`subject matter that the ‘458 Patent claims.
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`26. Moreover, a POSITA1 would recognize that the teachings of the references discussed in this
`declaration are aimed at the common problem of combatting digital piracy by regulating the use
`of licensed content, and that the technical means for addressing that problem that are provided by
`the references are both compatible and complementary.
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`27. Gruse describes a DRM and digital content distribution system that combats digital piracy by
`regulating the use of licensed digital content, and that enables consumers to, among other things,
`securely pay for and download licensed digital content via personal computer (“PC”). See Gruse
`at FIG 1D. Gruse explains, for example, methods for securely distributing licensed digital
`content to end user devices that include PCs and portable devices (for example, external hard
`drives and media players) and for exchanging licensed digital content between PCs and portable
`devices. See Gruse at 10:18-20; 5:3-4, FIG. 6. Gruse further explains that end user devices may
`store, in a secure way that prevents piracy and tampering, both the licensed digital content and
`associated license information, including use conditions and rules. In response to a consumer’s
`request to access, play, copy, or use licensed digital content in accordance with rental rights,
`Gruse explains that usage conditions may be evaluated in accordance with the use rules, with
`permission being granted only when requisite conditions are met.
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`28. In the context of DRM, Stefik ‘235 and ‘980 describe a host computer that communicates with
`an external portable consumer device, such as a digital media player, to transfer data and to store
`the same securely. See Stefik ‘235 at Abstract, FIG. 2. Stefik ‘235, for example, provides
`detailed design examples of secure interfaces that facilitate communication between the host
`computer and the consumer device. See Stefik ‘235 at Abstract.
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`1 The term “POSITA”, as used in this declaration, refers to a Person of Ordinary Skill In the Art at
`the ‘458 Patent’s effective filing date.
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`29. Stefik ‘235 further discloses, as part of the overall DRM scheme also described in Stefik ‘980,
`methods for securing licensed digital content that is stored on the consumer device, including the
`use of password and Personal Identification Number (“PIN”) protection.
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`30. In another aspect, Stefik ‘235 and ‘980 describe methods for enriching user experience,
`including facilitation of partial use of digital content.
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`II. Discussion of References
`A. Discussion of the Gruse Reference
`31. Gruse describes a digital rights management (“DRM”) and digital content distribution system
`enabling consumers to, among other things, securely pay for and download licensed digital
`content via personal computer (“PC”). See Gruse at FIG. 1D. Gruse explains, for example,
`methods for securely distributing licensed digital content to end user devices that include PCs
`and portable devices (for example, external hard drives and media players) and for exchanging
`licensed digital content between PCs and portable devices. See Gruse at FIG. 6. Gruse further
`explains that end user devices may store, in a secure way that prevents piracy and tampering,
`both the licensed digital content and associated license information, including use conditions and
`rules. In response to a consumer’s request to access, play, copy, or use licensed digital content in
`accordance with rental rights, Gruse explains that usage conditions may be evaluated in
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`accordance with the use rules, with permission being granted only when requisite conditions are
`met.
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`32. Gruse’s system, the Secure Digital Content Electronic System 100, is a technical platform
`encompassing the technology, specifications, tools, and software needed for secure delivery of
`Digital Content and related information to end-user client devices. See Gruse at 10:16-18. The
`Secure Digital Content Electronic Distribution System 100 includes Content Provider(s) 101,
`Electronic Digital Content Store(s) 103, Content Hosting Site(s) 111, Clearinghouse(s) 105,
`Transmission Infrastructures 107, and, for retrieving content data and related information from
`Content Hosting Sites 111, End-User Device(s) 109. See Gruse at FIG. 1D.
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`33. The system 100 implements Digital Rights Management (DRM) through a set of functions
`distributed among these operating components. See Gruse at 11:1-7. The primary functions
`include: licensing authorization and control so that content is unlocked only by authorized
`intermediate or end users who have secured an appropriate license; and control and enforcement
`of content usage according to the conditions of purchase or license, which may include a
`permitted number of copies and/or plays, and a term or time interval of license validity. See id.
`The Secure Digital Content Electronic Distribution System 100 of Gruse enables royalty
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`payment to content proprietors. See e.g. Gruse at 12:9-13; 92:24-26. Gruse describes, for
`instance, watermarking tools for embedding information identifying content proprietor(s) for
`purposes of facilitating payment of royalties to the proprietors. See e.g., Gruse at 11:33-12:6.
`
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`34. Licensing authorization and control are implemented through the use of a Clearinghouse entity
`and Secure Container (“SC”) technology. See Gruse at 11:8-17. The Clearinghouse provides
`license authorization to enable intermediate or end-users to unlock encrypted content after
`verification of a successful licensing transaction. See id.
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`35. A Secure Container (SC) is a cryptographic carrier of information or content that uses
`encryption, digital signatures, and digital certificates to provide protection against unauthorized
`interception or modification of its contents. See Gruse at 11:8-17. SCs are used to distribute
`encrypted content and information among the system components. See id. One advantage of
`these rights management functions is that they provide protection when distributing Digital
`Content through insecure and/or untrustworthy channels, thereby allowing for transmission of
`content over network infrastructures such as the Web and Internet. See id. In addition, if an SC
`is tampered with during its transmission, Clearinghouse software may detect corruption or
`falsification of the Content contained in the suspect SC, and may on that basis repudiate the
`transaction. See Gruse at 11:17-23.
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`36. In the Secure Digital Content Electronic Distribution System 100, Content Provider 101 and
`content proprietor(s) are owners of original Content 113 and/or distributors authorized to
`package independent Content 113 for further distribution. See Gruse at 13:17-19, FIG. 6. In one
`illustration, Gruse shows that Content Provider 101 generates Content SC(s) 630 around the
`encrypted Content 113 and Metadata SC(s) 620 around the encrypted Symmetric Key 623, and
`the Store Usage Conditions 519 (the Store Usage Conditions 519 are used in the Offer SC). See
`Gruse at 29:15-20, 25:21-23, 26:5-9, 33:15-19, FIG. 1A.
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`37. In one embodiment described by Gruse, Content Provider 101 distributes Content 113 to Content
`Hosting Site 111. See Gruse at FIG. 6; 29:25-27. Prior to transmission, Content Provider 101
`may encrypt Content 113 via SCs, thereby enabling recipients to verify the authenticity and
`integrity of the content. See Gruse at 11: 8-17. Only users who have decryption keys can unlock
`the encrypted content, and the Clearinghouse(s) releases decryption keys only for authorized and
`appropriate usage requests. See Gruse at 11: 17-23.
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`38. In this embodiment, Content Provider 101 also distributes metadata for the distributed Content
`111 to Electronic Digital Content Store 103. See Gruse at FIG. 6; 13:17-19, 29:25-26. The
`metadata refers to data related to the Content 113 and in this embodiment does not include the
`Content 113 itself. See Gruse at 13:21-28. As an example, metadata for a song may be a song
`title or song credits but not the sound recording of the song. See id. Generally, metadata may
`include CD title, artist name, song title, CD artwork, and as well as Usage Conditions such as
`copy restriction rules, the wholesale price, or business rules. See Gruse at 89:6-7.
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`39. In System 100, Digital Electronic Content Store 103 builds offers SCs based on the information
`in the received metadata. See Gruse at 91:19-21, 24:5-6. Such information includes, for
`example, retail pricing information from the metadata. See Gruse at 91:19-21. In one example,
`Digital Electronic Content Store 103 may narrow the usage conditions from the received
`metadata or further prescribe usage conditions specific to the store. See Gruse at 24:7-10, 29:29-
`31. In another example, Offer SC(s) 641 is a special HTML offer page presenting the purchase
`options with terms and conditions of the sale of a particular data item such as a song.” See id.
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`40. The Content Hosting Site 111 may be integrated with Electronic Digital Content Store 103 so
`that the Electronic Digital Content Store 103 can serve the front-end store while Content Hosting
`Site 111 functions the back-end warehouse. Content Hosting Site 111 may include primary and
`secondary sites to provide improved user experience in accessing (for example, downloading)
`Content 113. See Gruse at 84:5-13.
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`41. Gruse teaches a handheld multimedia terminal such as an End-User Device 109. See Gruse FIG.
`6. End-User Device 109 includes PCs, set top boxes (such as an Integrated Receiver Decoder
`(“IRD”), a box or board or chip that can receive and decode a signal, usually used for cable or
`satellite television), Internet appliances, hand-held devices. See Gruse at 10:18-20, 5:3-4. End-
`User Device 109 may download licensed content from Content Hosting Site 111. See Gruse at
`FIG. 6. End-User Device 109 may copy the content to external media or portable, consumer
`devices as permitted by the content proprietors. See Gruse at 10:18-20, 16:1-10. The data
`access terminal can be integrated with a mobile communication device, a personal computer, an
`audio/video player, and/or cable or satellite television interface. See for example, Gruse at 16:1-
`4; see also id. at 10:23-25, 96:3-13.
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`42. End-User Player Application 195 running on an End-User Device 109 controls content usage.
`See Gruse at 11: 24-25; see also FIG. 10; 16:1-10 (“The End-User Player Application 195 could
`be implemented in software and/or consumer electronics hardware. In addition to performing
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`play, record, and library management functions, the End-User Player Application 195 performs
`SC processing to enable rights management in the End-User Device(s) 109. The End-User
`Device(s) 109 manages the download and storage of the SCs containing the Digital Content;
`requests and manages receipt of the encrypted Digital Content keys from the Clearinghouse(s)
`105; processes the watermark(s) every time the Digital Content is copied or played; manages the
`number of copies made (or deletion of the copy) in accordance with the Digital Content's Usage
`Conditions; and performs the copy to an external media or portable consumer device if
`permitted”).
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`43. In some implementations, End-User Application 195 embeds a digital code (for example, a
`watermark) in every copy of the Content that defines the allowable number of secondary copies
`and play backs. See Gruse at 11:25-27; 33:11-12. In other implementations, instead of
`embedding usage condition within content, the usage condition can be securely stored separately.
`See Gruse at FIG. 10; 27:29-31. For example, content may be stored at DC Library Collection
`196 while license data encoding usage condition may be stored at License DB 197. See Gruse at
`FIG. 10.
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`44. End-User Device 109 includes a wireless interface configured to interface with a wireless
`network for communicating with a data supplier such as Electronic Digital Content Store(s) 103,
`Content Hosting Site(s) 111. See Gruse at 10:23-25; 84:26-27; 34:34-36; 55:2-3. In one
`example, End-User Device 109 communicates with Content Hosting Site 111 in a web
`environment through a web browser. See Gruse at FIG. 10. In another example, End-User
`Device 109 communicates with a web server of Electronic Digital Content Store 103 to
`download content. See Gruse at 96:35-97:1. In yet another example, End-User Device 109
`communicates with a streaming server. See id. In all these examples, End User Device 109
`communicates with a data supplier through the Internet via a wireless interface. See Gruse at
`10:23-25. For End-User Device 109 to receive Digital Content wirelessly, such End User
`Device 109 may use a wireless interface. In the late 90s, such wireless interface was a
`conventional implementation for communicating with the data supplier (for example, Content
`Hosting Site 111, Electronic Digital Content Store 103). For example, the well-known wireless
`communication protocol 802.11 became an Institute of Electrical and Electronic Engineers
`(IEEE) standard in 19972.
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`45. End-User Device 109 includes non-volatile memory configured to store multimedia content (for
`example, downloaded 113 Content) that comprises music data (for example, songs). See Gruse
`at Fig. 10. “The set of songs that have been purchased from Electronic Digital Content Store(s)
`103 are stored within a Digital Content Library 196 on his or her system.” Gruse at 106:28-29;
`100:24-24; 106:25-26; 106:17-18. Player Application 195 installed on End-User Device 109
`performs Content 113 in Digital Content Library 196, manages the Digital Content Library 196
`and creates copies of the Content 113 if permitted. See Gruse at 96:19-21. For Content 113 in
`an end user’s DC Content Library 196 to be accessed by Player Application 195, such Content
`
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`2 http://en.wikipedia.org/wiki/IEEE_802.11 “IEEE 802.11 is a set of media access control
`(MAC) and physical layer (PHY) specifications for implementing wireless local area network
`(WLAN) computer communication in the 2.4, 3.6, 5 and 60 GHz frequency bands. They are created
`and maintained by the IEEE LAN/MAN Standards Committee (IEEE 802). The base version of the
`standard was released in 1997….”
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`113 is stored in a non-volatile memory of End-User Device 109 or an external portable device.
`To this end, Gruse discusses non-volatile memory such as DVD Disc, digital tape, flash memory,
`mini Disc or equivalent. See Gruse at 105:5-7.
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`46. End-User Device 109 includes a program store for storing a processor control code such as
`Player Application 195, Secure Container Processor 192, Web Browser 191, and Helper
`Application 198. See Gruse at FIG. 10; 106:19-24; 97:6-7, 14-15; 96:13-18. The processor
`control code may be comprised pieces of software codes. When the end user on End-User
`Device 109 loads an executable program for execution, the executable program is loaded from a
`memory storage on the End-User Device 109 where the executable program has been installed.
`See Gruse at 97: 14-15; 106:19-22.
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`47. End-User Device 109 includes a computer processor to process user request to select and play
`the multimedia content such as a song . In the context of digital right management, Gruse
`teaches “End-User Device(s) 109 as low end as a 60MHz Pentium system” as well as algorithms
`optimized for “50 MHZ, 486-based computer.” See Gruse at 100:8-12; 17:15-24.
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`48. For this processor to execute downloading of multimedia data and storage of the same on non-
`volatile memory, it is coupled to the program store where the application program is installed, a
`interface (for example, a wireless interface) to the Internet, and the non-volatile memory where
`Digital Content Library Collection 196 is stored. See Gruse at 106:19-22, 94:14-15. In cases
`where storage of the downloaded multimedia data is on an external portable consumer device,
`such as a data carrier, the processor is coupled to the data carrier as well. Likewise, the
`processor is coupled to the user interface such as the audio/visual interface, keyboard, pointing
`device, of End-User Device 109 to process a user selection therefrom. See Gruse at FIG. 16;
`10:23-25; 106:28-29; 101:15-104:25.
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`49. End-User Device 109 includes a display such as a screen for displaying the played multimedia
`content, such as songs played in a play-list, and data relating to the played multimedia content,
`such as metadata related to the songs played in the play-list. FIG. 15A illustrated a layout of
`“Player Application 195 running on End-User Device(s) 109.” See Gruse at 101:10-11. The
`layout shows End-User Display 1510 with corresponding screens of End-User Interface. See
`Gruse at 103:15-16, FIG. 16.
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`50. In more detail, End-User Display 1510 shows a playlist of songs played. See Gruse at FIG. 15A;
`see also 103:17-104:9; 107:15-19. End-User Display 1510 also shows metadata and control data
`related to the songs played. See Gruse at FIG. 15A, 107:15-17; 107:19-22.
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`51. The processor of End-User Device 109 implements code to request identifier data (for example,
`song names) identifying one or more items of multimedia content (for example, songs) available
`for retrieving via the wireless interface (for example, wireless interface to the wireless network).
`For example, Gruse teaches an Electronic Digital Content Store 103 to “provide links on its
`Content 113 download pages directly to the Offer SC(s) 641.” See Gruse at FIG. 6, 91:15-25.
`“When the End-User(s) clicks on the direct link to the Offer SC(s) 641, the Offer SC(s) 641 is
`downloaded to the browser End-User Device(s) 109.” Gruse at 91:15-25; 33:22-27; 91:15-25.
`The Gruse identifier data applies generally to retrievable content whether stored on non-volatile
`memory End-User Device 109, an external portable consumer device, or remotely accessible to
`the user (for example, at Electronic Digital Content Store 103 or Content Hosting Site 111). See
`for example, Gruse at 101:1-3; 105:32-34. In this example, the request can be sent via the
`wireless interface to the wireless network