throbber
U.S. Patent No. 8,050,652
`
`METHOD AND DEVICE FOR AN INTERNET RADIO
`CAPABLE OF OBTAINING PLAYLIST CONTENT FROM A CONTENT SERVER
`
`Toshiba Blu-ray Players and Televisions
`
`Yamaha Corporation of America Exhibit 1008 Page 1
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“An electronic device comprising: a) a network interface enabling the electronic device to receive an Internet radio broadcast and being further adapted to
`communicatively couple the electronic device to a central system;”
`
`8,050,652 Claim Language
`1. An electronic device
`comprising: a) a network
`interface enabling the
`electronic device to receive an
`Internet radio broadcast and
`being further adapted to
`communicatively couple the
`electronic device to a central
`system;
`
`Toshiba Devices
`Toshiba provides Blu-ray Players and televisions including, for example, playlist applications
`such as Pandora and/or other similar applications, along with internet radio broadcasts through a
`web browser and/or internet radio applications such as vTuner or other similar applications and
`also provides, for example, the Cloud TV user interface and/or an apps store, which enable the
`devices to receive internet radio broadcasts and playlists (“Toshiba Devices”)1,2. The Toshiba
`Devices are electronic devices comprising a network interface enabling the electronic device to
`receive an Internet radio broadcast and being further adapted to communicatively couple the
`electronic device to a central system.
`
`For example, the Toshiba 39L4300U television provides an interface enabling receipt of an
`internet radio broadcast through a pre-installed web browser, which can stream internet radio
`from, for example, www.shoutcast.com. In addition, the Toshiba Devices include the Cloud TV
`user interface and/or an apps store, which may enable the use of additional applications for
`receiving the Internet radio broadcasts.
`
`For example, the picture below shows the Toshiba Cloud TV user interface and its web browser.
`
`1 The Toshiba 39L4300U television charted herein is representative of the Toshiba Devices. Additional Toshiba Devices are listed, without limitation, at the end
`of this chart.
`2 As demonstrated herein, the accused devices literally infringe the asserted claims. However, to the extent any limitation is not literally met, it is met under the
`doctrine of equivalents.
`
`Toshiba
`Page 2
`
`Yamaha Corporation of America Exhibit 1008 Page 2
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“An electronic device comprising: a) a network interface enabling the electronic device to receive an Internet radio broadcast and being further adapted to
`communicatively couple the electronic device to a central system;”
`
`The picture below show the 39L4300U television's web browser displaying ShoutCast Internet
`
`Toshiba
`Page 3
`
`Yamaha Corporation of America Exhibit 1008 Page 3
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“An electronic device comprising: a) a network interface enabling the electronic device to receive an Internet radio broadcast and being further adapted to
`communicatively couple the electronic device to a central system;”
`
`radio.
`
`To the extent other internet radio applications are included on the Toshiba Devices such as
`vTuner, iHeart Radio, Stitcher Radio and/or other similar applications, the Toshiba Devices in
`conjunction with these applications also meet all the limitations of this claim.
`
`The Toshiba Devices also have an interface enabling the electronic device to communicatively
`
`Toshiba
`Page 4
`
`Yamaha Corporation of America Exhibit 1008 Page 4
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“An electronic device comprising: a) a network interface enabling the electronic device to receive an Internet radio broadcast and being further adapted to
`communicatively couple the electronic device to a central system;”
`
`couple to a central system. For example, the Toshiba Devices include the Pandora application
`adapted to communicatively couple to a central system.
`
`For example, the picture below shows the Cloud TV user interface and the Pandora application.
`
`Toshiba
`Page 5
`
`Yamaha Corporation of America Exhibit 1008 Page 5
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“An electronic device comprising: a) a network interface enabling the electronic device to receive an Internet radio broadcast and being further adapted to
`communicatively couple the electronic device to a central system;”
`
`(SOURCE: http://us.toshiba.com/adps/cloudtv, as of 4/9/2013)
`
`For example, Toshiba Blu-ray players also include Pandora (from http://us.toshiba.com/video-
`electronics/blu-ray-players?cm_mmc=tai-_-inter-_-bluray, as of 4/8/2013)
`
`Toshiba
`Page 6
`
`Yamaha Corporation of America Exhibit 1008 Page 6
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“An electronic device comprising: a) a network interface enabling the electronic device to receive an Internet radio broadcast and being further adapted to
`communicatively couple the electronic device to a central system;”
`
`The Toshiba Devices, for example, including Pandora, are communicatively coupled to a central
`system as described below.
`
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing along
`listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on the
`screen by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio requests
`based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of 3/8/2013))
`
`To the extent other playlist applications are included on the Toshiba Devices such as Rhapsody,
`Spotify, Amazon MP3 Player and/or other similar applications, the Toshiba Devices in
`conjunction with these applications also meet all the limitations of this claim.
`
`Toshiba
`Page 7
`
`Yamaha Corporation of America Exhibit 1008 Page 7
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“b) a system enabling playback of audio content from a playlist assigned to the electronic device via the central system”
`
`b) a system enabling playback of
`audio content from a playlist
`assigned to the electronic device
`via the central system; and
`
`The Toshiba Devices include a system enabling playback of audio content from a playlist
`assigned to the electronic device via the central system. The Toshiba Devices, with the
`playlist applications noted above (or other similar applications), enable the playing of
`audio content from a playlist assigned to the electronic device via the central system.
`
`For example, the Toshiba Devices with the Pandora application enable playback of a
`playlist assigned to the electronic device via the central system as detailed below.
`
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing
`along listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on
`the screen by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio
`requests based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of 3/8/2013))
`
`Toshiba
`Page 8
`
`Yamaha Corporation of America Exhibit 1008 Page 8
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“b) a system enabling playback of audio content from a playlist assigned to the electronic device via the central system”
`
`The source code for the Pandora Internet radio client running on the Toshiba Devices is
`not publicly available. However, there is an open source Pandora client called Piano Bar.
`A review of the source code for Piano Bar confirms that the Pandora client enables the
`following sequence of steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar (as of
`9/15/2011).
`
`Toshiba
`Page 9
`
`Yamaha Corporation of America Exhibit 1008 Page 9
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“c) a control system associated with the network interface and the system enabling playback of the audio content indicated by the playlist, and adapted to: i)
`enable a user of the electronic device to select a desired mode of operation from a plurality of modes of operation comprising an Internet radio mode of operation
`and a playlist mode of operation;”
`The Toshiba Devices include a control system associated with the network interface and the
`system enabling playback of the audio content indicated by the playlist, and adapted to: i) enable
`a user of the electronic device to select a desired mode of operation from a plurality of modes of
`operation comprising an Internet radio mode of operation and a playlist mode of operation
`The Toshiba Devices, with the installed applications noted above (or other similar applications),
`include a control system adapted to enable a user to select an Internet radio mode of operation or
`a playlist mode of operation. For example, the picture below shows the Cloud TV user interface
`of the Toshiba 39L4300U television enabling a user to select an Internet radio mode of operation
`(e.g., a web browser) or a playlist mode of operation (e.g., Pandora).
`
`c) a control system associated
`with the network interface and
`the system enabling playback
`of the audio content indicated
`by the playlist, and adapted to:
`i) enable a user of the
`electronic device to select a
`desired mode of operation
`from a plurality of modes of
`operation comprising an
`Internet radio mode of
`operation and a playlist mode
`of operation;
`
`Toshiba
`Page 10
`
`Yamaha Corporation of America Exhibit 1008 Page 10
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“ii) receive and play the Internet radio broadcast when the desired mode of operation is the Internet radio mode of operation; and”
`
`ii) receive and play the
`Internet radio broadcast
`when the desired mode of
`operation is the Internet
`radio mode of operation;
`and
`
`The Toshiba Devices, with the installed applications noted above (or other similar applications),
`also receive and play an Internet radio broadcast when the desired mode of operation is the Internet
`radio mode of operation.
`For example, the picture below shows the 39L4300U television's web browser displaying
`ShoutCast Internet radio.
`
`Toshiba
`Page 11
`
`Yamaha Corporation of America Exhibit 1008 Page 11
`
`

`
`iii) when the desired mode
`of operation is the playlist
`mode of operation: receive
`the playlist assigned to the
`electronic device from the
`central system, the playlist
`identifying a plurality of
`songs, wherein ones of the
`plurality of songs are not
`stored on the electronic
`device;
`receive information from
`the central system enabling
`the electronic device to
`obtain the ones of the
`plurality of songs from at
`least one remote source;
`obtain the ones of the
`plurality of songs from the
`at least one remote source;
`and play the audio content
`indicated by the playlist.
`
`8,050,652 – Toshiba Devices – Claim 1
`“iii) when the desired mode of operation is the playlist mode of operation: receive the playlist assigned to the electronic device from the central system, the
`playlist identifying a plurality of songs, wherein ones of the plurality of songs are not stored on the electronic device; receive information from the central system
`enabling the electronic device to obtain the ones of the plurality of songs from at least one remote source; obtain the ones of the plurality of songs from the at
`least one remote source; and play the audio content indicated by the playlist.”
`The Toshiba Devices, with the installed applications noted above (or other similar applications),
`when the desired mode of operation is the playlist mode of operation, receive the playlist assigned
`to the electronic device from the central system, the playlist identifying a plurality of songs,
`wherein ones of the plurality of songs are not stored on the electronic device; receive information
`from the central system enabling the electronic device to obtain the ones of the plurality of songs
`from at least one remote source; obtain the ones of the plurality of songs from the at least one
`remote source; and play the audio content indicated by the playlist.
`
`For example, the Toshiba Devices, with the installed Pandora application, receive playlists from
`the Pandora central servers, receive information enabling the devices to obtain songs from the
`remote Pandora servers and stream and play the audio content, as described below.
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing along
`listener credentials. …
`
`The Station List for that particular listener is returned to the Tuner and rendered on the screen
`by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio requests
`based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of 3/8/2013))
`
`Toshiba
`Page 12
`
`Yamaha Corporation of America Exhibit 1008 Page 12
`
`

`
`8,050,652 – Toshiba Devices – Claim 1
`“iii) when the desired mode of operation is the playlist mode of operation: receive the playlist assigned to the electronic device from the central system, the
`playlist identifying a plurality of songs, wherein ones of the plurality of songs are not stored on the electronic device; receive information from the central system
`enabling the electronic device to obtain the ones of the plurality of songs from at least one remote source; obtain the ones of the plurality of songs from the at
`least one remote source; and play the audio content indicated by the playlist.”
`The source code for the Pandora Internet radio client running on the Toshiba Devices is not
`publicly available. However, there is an open source Pandora client called Piano Bar. A review of
`the source code for Piano Bar confirms that the Pandora client enables the following sequence of
`steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar (as of
`9/15/2011).
`
`Toshiba
`Page 13
`
`Yamaha Corporation of America Exhibit 1008 Page 13
`
`

`
`8,050,652 – Toshiba Devices – Claim 42
`“A method of operation for an electronic device comprising: a) enabling a user of the electronic device to select a desired mode of operation from a plurality of
`modes of operation comprising an Internet radio mode of operation and a playlist mode of operation;”
`
`8,050,652 Claim Language
`42. A method of operation for
`an electronic device
`comprising: a) enabling a user
`of the electronic device to
`select a desired mode of
`operation from a plurality of
`modes of operation comprising
`an Internet radio mode of
`operation and a playlist mode
`of operation;
`
`Toshiba Devices
`Toshiba provides Blu-ray Players and televisions including, for example, playlist applications
`such as Pandora and/or other similar applications, along with internet radio broadcasts through a
`web browser and/or internet radio applications such as vTuner or other similar applications and
`also provides, for example, the Cloud TV user interface and/or an apps store, which enable the
`devices to receive internet radio broadcasts and playlists (“Toshiba Devices”)3,4. The Toshiba
`Devices are electronic devices enabling a user to select a desired mode of operation from a
`plurality of modes of operation comprising an Internet radio mode of operation and a playlist
`mode of operation.
`
`For example, the 39L4300U television provides an interface enabling receipt of an internet radio
`broadcast through a pre-installed web browser, which can stream internet radio from, for
`example, www.shoutcast.com.
`In addition, the Toshiba Devices include the Cloud TV user
`interface and/or an apps store, which may enable the use of additional applications for receiving
`the Internet radio broadcasts.
`
`For example, the picture below shows the 39L4300U television’s Cloud TV user interface
`
`3 The Toshiba 39L4300U television charted herein is representative of the Toshiba Devices. Additional Toshiba Devices are listed, without limitation, at the end
`of this chart.
`4 As demonstrated herein, the accused devices literally infringe the asserted claims. However, to the extent any limitation is not literally met, it is met under the
`doctrine of equivalents.
`
`Toshiba
`Page 14
`
`Yamaha Corporation of America Exhibit 1008 Page 14
`
`

`
`8,050,652 – Toshiba Devices – Claim 42
`“A method of operation for an electronic device comprising: a) enabling a user of the electronic device to select a desired mode of operation from a plurality of
`modes of operation comprising an Internet radio mode of operation and a playlist mode of operation;”
`
`enabling a user to select an Internet radio mode of operation (e.g., a web browser) or a playlist
`mode of operation (e.g., Pandora).
`
`Toshiba
`Page 15
`
`Yamaha Corporation of America Exhibit 1008 Page 15
`
`

`
`8,050,652 – Toshiba Devices – Claim 42
`“b) playing an Internet radio broadcast when the desired mode of operation is the Internet radio mode of operation; and”
`
`b) playing an Internet radio
`broadcast when the desired
`mode of operation is the
`Internet radio mode of
`operation; and
`
`During use of the Toshiba Devices with the installed applications, the step of playing an Internet
`radio broadcast when the desired mode of operation is the Internet radio mode of operation is
`performed.
`
`For example, the picture below shows the 39L4300U television's web browser displaying
`ShoutCast Internet radio.
`
`Toshiba
`Page 16
`
`Yamaha Corporation of America Exhibit 1008 Page 16
`
`

`
`8,050,652 – Toshiba Devices – Claim 42
`“c) when the desired mode of operation is the playlist mode of operation: i) receiving a playlist assigned to the electronic device via a central system, the playlist
`identifying a plurality of songs, wherein ones of the plurality of songs are not stored on the electronic device; ii) receiving information from the central system
`enabling the electronic device to obtain the ones of the plurality of songs from at least one remote source; iii) obtaining the ones of the plurality of songs from the
`at least one remote source; and iv) playing audio content indicated by the playlist.”
`During use of the Toshiba Devices with the installed applications, the step is performed of when
`the desired mode of operation is the playlist mode of operation: i) receiving a playlist assigned to
`the electronic device via a central system, the playlist identifying a plurality of songs, wherein ones
`of the plurality of songs are not stored on the electronic device; ii) receiving information from the
`central system enabling the electronic device to obtain the ones of the plurality of songs from at
`least one remote source; iii) obtaining the ones of the plurality of songs from the at least one
`remote source; and iv) playing audio content indicated by the playlist.
`For example, the Toshiba Devices, with the installed Pandora application, receive playlists
`identifying a plurality of songs via the Pandora central servers, receive information enabling the
`devices to obtain songs from the remote Pandora servers and stream and play the audio content, as
`described below.
`The Pandora Tuner (the music player) authenticates with the Playlist Server, passing along
`listener credentials. …
`
`c) when the desired mode
`of operation is the playlist
`mode of operation: i)
`receiving a playlist
`assigned to the electronic
`device via a central system,
`the playlist identifying a
`plurality of songs, wherein
`ones of the plurality of
`songs are not stored on the
`electronic device;
`ii) receiving information
`from the central system
`enabling the electronic
`device to obtain the ones of
`the plurality of songs from
`at least one remote source;
`iii) obtaining the ones of
`the plurality of songs from
`the at least one remote
`source; and iv) playing
`audio content indicated by
`the playlist.
`
`The Station List for that particular listener is returned to the Tuner and rendered on the screen
`by the Tuner. …
`
`The listener selects a particular station for playback. …
`
`The Tuner makes a request to the Playlist Server for a sequence of songs to play. …
`
`The Tuner receives a list of playlist fragment descriptors and begins sending audio requests
`based on the information received from the Playlist Server. …
`
`The Tuner stitches those audio resources together into a stream of music. …
`
`The Tuner plays the first song.
`(SOURCE: August 2006 interview with Tom Conrad, then CTO of Pandora Media
`http://oreilly.com/digitalmedia/2006/08/17/inside-pandora-web-radio.html (as of 3/8/2013))
`
`Toshiba
`Page 17
`
`Yamaha Corporation of America Exhibit 1008 Page 17
`
`

`
`8,050,652 – Toshiba Devices – Claim 42
`“c) when the desired mode of operation is the playlist mode of operation: i) receiving a playlist assigned to the electronic device via a central system, the playlist
`identifying a plurality of songs, wherein ones of the plurality of songs are not stored on the electronic device; ii) receiving information from the central system
`enabling the electronic device to obtain the ones of the plurality of songs from at least one remote source; iii) obtaining the ones of the plurality of songs from the
`at least one remote source; and iv) playing audio content indicated by the playlist.”
`The source code for the Pandora Internet radio client running on the Toshiba Devices is not
`publicly available. However, there is an open source Pandora client called Piano Bar. A review of
`the source code for Piano Bar confirms that the Pandora client enables the following sequence of
`steps:
`
`• User selects a station from a list presented (or creates a new one).
`
`• Client sends station ID to Pandora server.
`
`• Client receives a playlist of songs from the server.
`
`• Client iterates through the playlist, fetching the music data for each
`song using the audio URL, and playing it.
`
`• When playlist is empty, client requests further songs from the server.
`
`(SOURCE: Piano Bar source code, available at https://github.com/PromyLOPh/pianobar (as of
`9/15/2011).
`
`Toshiba
`Page 18
`
`Yamaha Corporation of America Exhibit 1008 Page 18
`
`

`
`8,050,652 – Toshiba Devices – Claim 42
`“c) when the desired mode of operation is the playlist mode of operation: i) receiving a playlist assigned to the electronic device via a central system, the playlist
`identifying a plurality of songs, wherein ones of the plurality of songs are not stored on the electronic device; ii) receiving information from the central system
`enabling the electronic device to obtain the ones of the plurality of songs from at least one remote source; iii) obtaining the ones of the plurality of songs from the
`at least one remote source; and iv) playing audio content indicated by the playlist.”
`
`Pandora delivers a 128-Kbps stream of music, and it only works with a
`broadband connection. It derives its music license from the DMCA (Digital
`Millennium Copyright Act of 1998) guidelines for streaming Internet radio,
`and the digital rights management (DRM) scheme it employs is notable in
`a few ways. First, Pandora will never play a specific song on demand; if
`you add a song to a station, it will show up eventually, but Pandora can
`only work it in at random. Also, you can only skip 10 songs in an hour –
`this is so you can't just skip to the song you're looking for. The license also
`limits the number of times Pandora can play a particular song or artist in a
`particular time period, and to this effect Pandora stores a list of the songs
`played on your station in your computer's Flash local storage so it knows
`what it has played already.
`
`(SOURCE: http://computer.howstuffworks.com/internet/basics/pandora2.htm (as of 3/8/2013))
`
`Toshiba
`Page 19
`
`Yamaha Corporation of America Exhibit 1008 Page 19
`
`

`
`8,050,652 – Toshiba Devices
`Blu-Ray Disc Players
`
`Toshiba BDX5300
`3D Blu-ray Player
`
`39L4300U 39" Class
`1080P Cloud LED
`TV
`
`50L7300U 50" Class
`1080P Cloud LED
`TV
`
`Televisions
`50L4300U 50" Class
`1080P Cloud LED
`TV
`
`58L7300U 58" Class
`1080P Cloud LED
`TV
`
`58L7350U 58" Class
`1080P 3D Cloud
`LED TV
`
`65L7350U 65" Class
`1080P 3D Cloud
`LED TV
`
`65L7300U 65" Class
`1080P Cloud LED
`TV
`
`47L6200U 47" Class
`1080P 3D LED HD
`TV
`
`55L6200U 55" Class
`1080P 3D LED HD
`TV
`
`And other Toshiba Blu-ray Players and televisions with similar functionality.
`
`Toshiba
`Page 20
`
`Yamaha Corporation of America Exhibit 1008 Page 20

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