throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`In re Inter Partes Review of:
`U.S. Patent No. 8,230,099
`
`For: SYSTEM AND METHOD FOR
`SHARING PLAYLISTS
`
`DECLARATION OF KEVIN C. ALMEROTH, PH.D.
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`I, Kevin C. Almeroth, hereby declare and state as follows:
`
`1.
`
`I have been retained as a technical consultant on behalf of Samsung
`
`Electronics Co., Ltd., the petitioner in the present proceeding, and I am being
`
`compensated at my usual and customary hourly rate. The petition names
`
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
`
`Samsung Telecommunications America, LLC as real parties-in-interest. I
`
`have no financial interest in, or affiliation with, the petitioner, real parties-in-
`
`interest, or the patent owner, which I understand to be BLACK HILLS
`
`MEDIA, LLC. My compensation is not dependent upon the outcome of, or
`
`my testimony in, the present inter partes review or any litigation proceedings.
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`
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`Page 1 of 33
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`LG EXHIBIT 1006
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`

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`Docket No. 032449.0032-US05
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`2.
`
`I have reviewed each of the following:
`
`a. U.S. Patent No. 8,230,099 (“the ’099 Patent”), including the claims,
`
`description and prosecution history (which is identified in the Petition
`
`respectively as Exhibits 1001 and 1002);
`
`b. U.S. Patent Application Publication No. 2002/0087996 to Bi et al
`
`(which is identified in the Petition as Exhibit 1003; hereinafter “Bi”);
`
`c. U.S. Patent Application Publication No. 2002/0072817 to Champion
`
`(which is identified in the Petition as Exhibit 1004; hereinafter
`
`“Champion”);
`
`d. U.S. Patent No. 7,668,939 to Encarnacion (which is identified in the
`
`Petition as Exhibit 1005; hereinafter “Encarnacion”);
`
`3. Upon reviewing the ʼ099 Patent, I understand that a non-provisional
`
`application was filed on May 2, 2008 (Appl. No. 12/114,286) as a divisional
`
`of Application No. 10/840,110, filed on May 5, 2004. For the purposes of my
`
`analysis, I assume the time of the purported invention to be May 2003.
`
`4.
`
`It is my opinion that a person of ordinary skill in the art at the time of the
`
`inventions claimed in the ’099 Patent would have at least a B.S. degree in
`
`electrical engineering, computer engineering or computer science and
`
`approximately two years of professional experience with computer
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`2
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`Docket No. 032449.0032-US05
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`networking and multimedia technologies, or the equivalent. I was a person of
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`skill in this art in May, 2003.
`
`Professional Qualifications and Background
`5. My background, qualifications, and experience relevant to the issues in
`
`proceeding are summarized below. My curriculum vitae is attached herewith
`
`and identified in the petition as Exhibit 1007.
`
`6.
`
`I am currently a Professor in the Department of Computer Science at the
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`University of California, Santa Barbara. At UCSB, I also hold faculty
`
`appointments and am a founding member of the Computer Engineering (CE)
`
`Program, Media Arts and Technology (MAT) Program, and the Technology
`
`Management Program (TMP). I have been a faculty member at UCSB since
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`July 1997.
`
`7.
`
`I hold three degrees from the Georgia Institute of Technology: (1) a Bachelor
`
`of Science degree in Information and Computer Science (with minors in
`
`Economics, Technical Communication, and American Literature) earned in
`
`June, 1992; (2) a Master of Science degree in Computer Science (with
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`specialization in Networking and Systems) earned in June, 1994; and (3) a
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`Doctor of Philosophy (Ph.D.) degree in Computer Science (Dissertation Title:
`
`Networking and System Support for the Efficient, Scalable Delivery of
`
`3
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`Docket No. 032449.0032-US05
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`Services in Interactive Multimedia System, minor in Telecommunications
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`Public Policy) earned in June, 1997.
`
`8. One of the major concentrations of my research to date has been the delivery
`
`of multimedia content and data between computing devices. In my research, I
`
`have studied large-scale content delivery systems, and the use of servers
`
`located in a variety of geographic locations to provide scalable delivery to
`
`hundreds, even thousands of users simultaneously. I have also studied
`
`smaller-scale content delivery systems in which content is exchanged between
`
`individual computers and portable devices. My work has emphasized the
`
`exchange of content more efficiently across computer networks, including the
`
`scalable delivery of content to many users, mobile computing, satellite
`
`networking, delivering content to mobile devices, and network support for
`
`data delivery in wireless networks.
`
`9.
`
`In 1992, at the time I started graduate school, my research focused initially on
`
`interactive functions (e.g., VCR-style functions like pause, rewind, and fast-
`
`forward) for near video-on-demand systems in cable systems. This included
`
`handling multiple requests using one audio/video stream broadcast to multiple
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`receivers simultaneously. This research has developed into new techniques to
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`deliver on-demand content, including audio, video, web documents, and other
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`4
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`Docket No. 032449.0032-US05
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`types of data, through the Internet and over other types of networks, in a way
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`that scales to a large number of users.
`
`10. In 1994, I began to research issues associated with the development and
`
`deployment of multicast in the Internet. Multicast allows scalable
`
`transmission from a single source to an arbitrary number of receivers. Some
`
`of my more recent research endeavors have looked at how to use the
`
`scalability offered by multicast to provide streaming media support for
`
`complex applications like distance learning, distributed collaboration,
`
`distributed games, and large-scale wireless communication.
`
`11. Starting in 1997, I worked on a project called the Interactive Multimedia
`
`Jukebox (“IMJ”) to integrate the streaming media capabilities of the Internet
`
`together with the interactivity of the web. Users could select content to view
`
`from a website, which would then be scheduled for delivery using multicast
`
`on one of a number of logical content streams. Delivery would be scheduled
`
`according to available communication capacity: if idle capacity existed when
`
`a request was made, the requesting user would be able to watch its selection
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`immediately. If the server was fully utilized in streaming previously selected
`
`content, the user’s selection would be queued. In the meantime, the user
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`would see what content was already playing, and because of the use of
`
`multicast, would be able to join one of the existing streams and watch the
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`Docket No. 032449.0032-US05
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`content at the point it was currently being transmitted. This service combined
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`the interactivity of the web with the streaming capabilities of the Internet to
`
`create a jukebox-like service. As part of the project, we obtained permission
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`from Turner Broadcasting to transmit cartoons and other short-subject content.
`
`12. Starting in 1997, I began researching issues related to wireless devices. In
`
`particular, I was interested in showing how to provide greater communication
`
`capability to the wireless devices of the time, which tended to be resource-
`
`constrained (e.g., in terms of CPU, memory, networking, and power). Starting
`
`in 1998, I published several papers on my work to develop a flexible,
`
`lightweight, battery-aware network protocol stack, which were similar in
`
`nature to protocols like UPnP (discussed below at ¶¶ 21 - 31). From this
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`initial work, I have made wireless networking and wireless devices one of the
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`major themes of my research. These topics include developing applications
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`for mobile devices, for example, virally exchanging and tracking “coupons”
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`through “opportunistic contact”; building network communication among a
`
`set of mobile devices unaided by any other kind of network infrastructure; and
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`dynamically detecting weaknesses in the protocol operation of wireless
`
`network traffic to evaluate alternative solutions.
`
`13. In the course of my research, I have been involved in the development of
`
`academic research into available technology in the marketplace. One aspect
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`of this work is my involvement in the Internet Engineering Task Force
`
`(IETF), including many content delivery-related working groups like the
`
`Audio Video Transport (AVT) group, the MBone Deployment (MBONED)
`
`group, the Source Specific Multicast (SSM) group, the Inter-Domain
`
`Multicast Routing (IDMR) group, the Reliable Multicast Transport (RMT)
`
`group, the Protocol Independent Multicast (PIM) group, etc. I have also
`
`served as a member of the Multicast Directorate (MADDOGS), which
`
`oversaw the standardization of all things related to multicast in the IETF.
`
`Finally, I was the Chair of the Internet2 Multicast Working Group for seven
`
`years.
`
`14. I am an author or co-author of nearly 200 technical papers, published software
`
`systems, IETF Internet Drafts, and IETF Request for Comments (RFCs). The
`
`titles and subject matter of these technical papers are listed in full on my CV,
`
`which is identified in the petition as Exhibit 1007. Furthermore, in the courses
`
`I teach at UCSB, a significant portion of my curriculum covers aspects of the
`
`Internet and network communication including the physical and data link
`
`layers of the Open System Interconnect (OSI) protocol stack, and standardized
`
`protocols for communicating across a variety of physical media such as cable
`
`systems, telephone lines, wireless, and high-speed Local Area Networks
`
`(LANs). The courses I have taught also cover most major topics in Internet
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`7
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`Docket No. 032449.0032-US05
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`communication, including data communication, multimedia encoding, and
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`(mobile) application design. For a complete list of courses I have taught, see
`
`my curriculum vitae, Exhibit 1007.
`
`State of the Art Through May 2004
`15. One of the most widely deployed computer networks, i.e., physical
`
`connections of computers to exchange data, is the Internet. The Internet has
`
`been around for several decades, with many tracing its origins to the ARPAnet
`
`in the late 1960s. While the origins of the Internet were humble, it has grown
`
`into a massive, highly sophisticated network for highly complex and highly
`
`varied forms of communication. Originally useful mainly for the exchange of
`
`text documents through email or file exchange, the Internet has evolved to
`
`support more complex data transactions including multiple media types (e.g.,
`
`pictures, audio, video), hence the concept of “multimedia.” Coupled with new
`
`and improved delivery capabilities and increased ways of offering information
`
`to users, the ways in which the Internet could be used increased dramatically
`
`during the 1990s. These factors led to numerous technical innovations in the
`
`way data was made available to users.
`
`16. Much of the communication in networks takes place using a “client/server”
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`paradigm, where content servers hold information desired by users. Through
`
`their clients, users make requests for this information, and the server responds
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`by providing the requested information. Such a paradigm is used in, for
`
`example, the World Wide Web (WWW). In other applications, like email,
`
`servers are responsible for accepting, storing, and forwarding email.
`
`17. One approach to developing advancements in the services provided by servers
`
`to clients—particularly with respect to personal computers—has been to
`
`mimic and improve on existing, non-computer based services. It was a well-
`
`established goal at least as early as the latter half of the 1990s to have
`
`computers provide the kinds of consumer-facing services that were previously
`
`available in only orthogonal, monolithic technology domains, such as
`
`television, radio, telephony, shopping, and gaming. With the power of the
`
`Internet, video programming could be enhanced with web-style interactivity;
`
`desired content could be watched on-demand instead of according to a static
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`schedule; games could be played with multiple, remote users; “radio stations”
`
`could be custom built based on individual user preferences; and shopping
`
`experiences could be developed that offered advantages beyond what could be
`
`found by visiting a store.
`
`18. One particular environment that received significant attention was the home.
`
`Home-based computing and home-based networking provided rich
`
`opportunities for technology development and product sales. This
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`environment was further amplified by the increased availability and use of
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`network-capable mobile devices (e.g., laptops, PDAs, mobile phones). Within
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`this area, a particular focus was on the development of various standards that
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`would permit consumers to share media content freely among devices within a
`
`network.
`
`19. At the same time that laptop computer and PDA devices were reaching
`
`mainstream adoption in the late 1990s and early 2000s, the industry was in
`
`parallel implementing the same and more features of those devices into
`
`cellular phones. Further, the lines between laptop computers, PDAs, and
`
`cellular phones were blurred given the availability of peripherals for
`
`connecting laptop computers and PDAs to cellular voice and data networks,
`
`and the increasing processing and memory capabilities of cellular phones. By
`
`the late 1990s and early 2000s, several companies released cellular phones
`
`with wireless-Internet capability and phones began to appear on the market
`
`that had the ability to play media files in either Windows Media or MP3
`
`format, including files with extensions .asf, .wma, .wmv, and .mp3. By at
`
`least 2003, the industry was well aware of building into cellular phones the
`
`features used in laptop computers and PDA devices.
`
`20. The increasing popularity of digital media and potential of streaming
`
`platforms led many major manufacturers in the early 2000s to develop
`
`wireless set-top boxes and/or music servers that could stream video to a TV or
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`audio to a stereo system from various computing devices. These devices
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`bridged the gap between computers and the home entertainment system, and
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`generally allowed consumers to play media from a desktop computer,
`
`personal device, or Internet streaming source to their TVs and stereo systems.
`
`Wireless set-top boxes or music servers (and applications for these devices)
`
`were developed in the early 2000s by Intel, Philips, Slim Devices, PRISMIQ,
`
`Oregan Networks, and Mediabolic, among others.
`
`21. To facilitate the integration of network-connected devices, Microsoft
`
`introduced an initiative called Universal Plug and Play (“UPnP”) at the
`
`Consumer Electronics Show in January of 1999. The initiative was originally
`
`supported by companies such as Microsoft, Intel, Hewlett-Packard, Compaq,
`
`Dell, and many others. The members of the UPnP Forum defined and
`
`published device descriptions for the participants in a UPnP network to create
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`standard building blocks for home networking.
`
`22. By December 2001, the UPnP Forum included more than 350 member
`
`companies from many industries, including consumer electronics, home
`
`automation and security, computers and peripherals, networking, appliances,
`
`semiconductors and others. The first UPnP device standard was published in
`
`November 2001, and the first UPnP-enabled devices shipped in December
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`2001. An early UPnP timeline is reproduced below:
`
`
`
`23. The UPnP forum finalized the UPnP Device Architecture, Version 1.0
`
`specification in June of 2000. The UPnP Device Architecture defines the
`
`protocols for communication between UPnP control points and devices
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`according to six well-defined phases:
`
` Addressing, by which devices obtain an IP address;
`
` Discovery, by which control points become aware of the existence of
`
`devices;
`
` Description, by which control points learn details about devices and their
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`services;
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` Control, in which control points invoke service actions;
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` Eventing, by which devices notify control points of changes in state; and
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` Presentation, by which devices can present web pages to control points
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`allowing for status and control interactions.
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`The UPnP Device Architecture describes a networking architecture enabling
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`peer-to-peer network connectivity of intelligent appliances, wireless devices,
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`personal computers and other devices with communication capabilities.
`
`24. With regard to device discovery, the UPnP Device Architecture teaches that
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`after a control point has discovered a device, it uses an HTTP URL contained
`
`in the discovery message to request a UPnP description from the device,
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`which may include vendor-specific information such as the model name and
`
`number, serial number, and manufacturer name. After obtaining knowledge
`
`of a device and its services, a control point can then ask those services to
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`invoke actions.
`
`25. The June 2000 UPnP Device Architecture could be implemented in a number
`
`of use cases, including by deploying UPnP to enable users to store, play and
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`view audio and video content across a range of consumer electronics devices.
`
`For example, at least by December 2001, UPnP had defined the following
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`multimedia use-case: “While checking her e-mail, Paula learns that a new
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`recording by her favorite artist is available. Paula visits the recording label’s
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`Web site, purchases a copy of one of the songs and initiates a download of the
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`song to her new audio player in the family room. Later that night Paula
`
`decides to listen to the song on her home entertainment system. Using her
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`remote control, she selects the new recording from her audio player and plays
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`it on her stereo.” See Ex. 1008, Miller et al., “Home Networking with
`
`Universal Plug and Play” (IEEE, Dec. 2001).
`
`26. Likewise, more specific use-case scenarios were developed for UPnP to
`
`stream multimedia between connected UPnP-compliant devices. For
`
`example:
`
`
`See Ex. 1009, Michael Jeronimo & Jack Weast, UPnP Design By Example,
`
`Intel Press (Apr. 2003).
`
`27. By June 26, 2002, UPnP had released version 1.0 of its standardized device
`
`control protocol specifications (collectively, “UPnP Version 1.0”), and
`
`published them on its public website (http://www.upnp.org). The
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`standardized device control protocol specifications included a standardization
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`for devices including a “media renderer” and “media server,” as well as a
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`standardization document “UPnP AV Architecture:1” that defines the general
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`interaction between UPnP control points and UPnP AV devices, and was
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`designed to support devices such as PCs, TVs, PDAs, CD/DVD players,
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`jukeboxes, set-top boxes, stereo systems, MP3 players, cameras and
`
`camcorders. See Ex. 1010, UPnP AV Architecture:1 For Universal Plug and
`
`Play Version 1.0, Status: Approved Design Document, Date: June 25, 2002.
`
`28. The UPnP control point lies at the center of the UPnP AV 1.0 architecture.
`
`UPnP control points control the operation of the media servers and media
`
`renderers, and typically perform some variation of the following operations:
`
` Locate the existing media server and media renderer devices in the network,
`
`i.e., discovery.
`
` Enumerate the available content for the user to choose from, i.e., content
`
`enumeration.
`
` Query the server and renderer to find a common transfer protocol and
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`content format for the selected content, i.e., protocol/format negotiation.
`
` Configure the server and renderer with the desired content and selected
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`protocol/format, i.e., server/renderer setup.
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`
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`Initiate the transfer of the content according to the desires of the users, such
`
`as play, pause, and seek, i.e., control content flow.
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` Adjust the rendering characteristics such as volume, brightness, and so
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`forth, i.e., control rendering characteristics.
`
`29. UPnP was implemented in consumer devices starting at least as early as 2002.
`
`By September 2002, Intel Corp. announced the “Extended Wireless PC
`
`Initiative,” which was focused on providing UPnP-based technology to
`
`developers, “allowing them to distribute PC digital media to TVs and stereos
`
`throughout the consumer’s home.” See Ex. 1011, “TV Meets the Web”
`
`(Financial Times, Sept. 10, 2002). “Critical to media distribution is a new PC
`
`peripheral called a digital media adaptor, which creates a link between PCs,
`
`TVs and stereos. It can receive digital media from the PC using 802.11
`
`wireless networking (WiFi) and UPnP technologies, and can connect to TVs
`
`and stereos using standard A/V cables — much like a DVD player.” Id.
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`“Intel’s spec adds in UPnP, to let these devices auto-configure to recognize
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`and seamlessly interoperate with other UPnP devices on the home network.”
`
`See Ex. 1012, “Intel Pushes Plug and Play Into Homes” (Extremetech.com,
`
`Sept. 10, 2002).
`
`30. By January 2003, Mediabolic, Inc. announced that it would incorporate UPnP
`
`support and pursue UPnP compliance testing for its Mediabolic ONE
`
`platform, a middleware solution used in digital entertainment devices: “The
`
`Mediabolic ONE platform enables manufacturers to create new digital
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`entertainment devices with optional networking capabilities that extend digital
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`media entertainment to multiple consumer devices and PCs around the home.
`
`UPnP technology is an industry standard for interoperability of digital devices
`
`on a home network and is an essential ingredient in ensuring that Mediabolic-
`
`enabled products are interoperable with the growing number of digital devices
`
`that use the technology to discover and share content and services. . . . The
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`Mediabolic ONE platform and UPnP technology enable a world in which
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`music and other digital entertainment content can be accessed from various
`
`devices in the home without regard for where the media is stored. Digital
`
`devices based on the Mediabolic ONE platform and UPnP technologies will
`
`be able to access digital content located on UPnP-enabled PCs, for example,
`
`allowing consumers to play video clips or view family photos on the TV, or
`
`listen to digital music on the home stereo.” See Ex. 1013, “Mediabolic
`
`Incorporates Support for UPnP Technology into the Mediabolic ONE
`
`Platform” (Business Wire, Jan. 6, 2003).
`
`31. By February 2003, Oregan Networks developed and demonstrated a UPnP-
`
`enabled DVD platform “capable of streaming media content and services from
`
`a PC.” See Ex. 1014, “Oregan Networks Demonstrates UPnP Enabled” (PR
`
`Newswire, Feb. 18, 2003). The UPnP-enabled DVD platform was designed to
`
`“allow consumers to use their televisions to view photos and movie videos
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`stored on their PC, or play MP3 files through DVD audio systems. All
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`content is discovered automatically, and offered through a series of intuitive
`
`menus on the TV.” Id. “Regardless of whether the content is stored on an
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`UPnP enabled PC, PVR, or MP3 player, the technology permits remote
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`access, presentation and control of that content from any other UPnP
`
`supporting device within the home.” Id.
`
`Overview of the ’099 Patent
`
`32. The ʼ099 patent is directed to a method for presenting a playlist, e.g., a playlist
`
`of songs, on a wireless handheld remote control and enabling a user to select
`
`an item on the wireless handled remote control for playback on a media player
`
`device which is associated with, but separate from, the remote control.
`
`33. The above description is borne out in Figures 1 and 2, which are
`
`representative of embodiments of the ʼ099 Patent. As shown in Figure 1, a
`
`playlist is communicated from a server 11 to a dedicated media player 17 via
`
`the Internet 12. ʼ099 Patent, 8:21-67. Alternatively, as shown in Figure 2, the
`
`playlist can be communicated from the server 11 via the Internet 12 to a
`
`remote control 18, rather than being communicated directly to media player
`
`17. Id. at 9:1-8. Playlists that were communicated to the media player 17 can
`
`be further communicated to the remote control 18, and vice versa. Id. at 9:9-
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`23. After a playlist has been communicated to the remote control 18, the
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`playlist may be displayed on the remote control and the user can use the
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`remote control to choose a media item, or selection, for playback on the media
`
`player. Id. at 9:5-8.
`
`Claim Construction
`34. I have been asked to offer my opinion regarding the understanding of a person
`
`skilled in the art regarding certain claim terms in the ’099 Patent. I
`
`understand that in the present proceeding, claim terms are interpreted as the
`
`broadest reasonable construction consistent with the specification or “BRC.”
`
`35. I have been asked to offer my opinion regarding the understanding of a person
`
`skilled in the art regarding the claim term “playlist,” which appears in each of
`
`independent claims 1, 10, 11, and 12. The specification indicates in the
`
`“Background of the Invention” section that “[a] playlist is a list of a user’s
`
`favorite selections.” ʼ099 Patent, 1:33-34. The specification uses broad
`
`language to describe playlists as containing media such as music and movies.
`
`See, e.g., id. at 1:33 (“Playlists for music and movies are well known.”).
`
`36. In my opinion, one skilled in the art would not understand the BRC of the
`
`term “playlist” as requiring that media items be played in a sequence. While
`
`the specification notes that “the playlist may be compiled in an order in which
`
`the playing of selections therefrom is desired,” this is optional. ʼ099 Patent,
`
`1:49-51 (emphasis added). The specification makes clear that the user may
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`19
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`

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`Docket No. 032449.0032-US05
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`also “select items to be played from the playlist.” Id. at 1:37-39. Indeed,
`
`independent claims 1, 10, 11, and 12 of the ʼ099 patent each recite “select[ing]
`
`at least one item from the playlist for playback by [a/the] media player
`
`device.” The specification and claims thus describe playing songs selected
`
`from a playlist, rather than playing all of the songs on a playlist. This is
`
`contrary to the concept that the playlist be arranged to be played in a
`
`sequence. The specification also explicitly states that “selections may also be
`
`played randomly from a playlist.” Id. at 1:52-53. The patent therefore does
`
`not indicate that the sequence of items in a playlist requires that the media
`
`items be played in that order. Rather, one skilled in the art would understand
`
`that “playlist” includes within its scope content that may or may not be
`
`arranged to play in a particular sequence.
`
`37. Based on this disclosure one of skill in the art would understand the BRC of
`
`“playlist” to be “a list of media selections.”
`
`38. I have also been asked to offer my opinion regarding the understanding of a
`
`person skilled in the art regarding the claim term “media player device,”
`
`which appears in each of independent claims 1, 10, 11, and 12. First, the
`
`specification recites that “[p]layer devices include music players, video
`
`players, and remote controls for music players and video players.” ʼ099
`
`Patent, 2:66-67. The specification then enumerates a long list of exemplary
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`20
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`Docket No. 032449.0032-US05
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`“player devices,” including, for example, MP3 players, set top boxes, and
`
`televisions. See id. at 2:67-3:6. Thus, one of skill in the art would understand
`
`“player devices” to be capable of playing audio or video or a combination of
`
`both.
`
`39. The specification then discusses two kinds of media players. The specification
`
`first discloses a “dedicated media player” which the specification defines as “a
`
`media player other than a general purpose computer.” ʼ099 Patent, 2:49-50.
`
`Second, the specification recites an alternative embodiment where
`
`“[a]ccording to another aspect of the present invention, the media player 17
`
`may be a general purpose computer...” Id. at 8:61-63.
`
`40. In my opinion, one skilled in the art would not understand the BRC of the
`
`term “media player device” as excluding general purpose computers. While
`
`the specification references a “dedicated media player” this phrase does not
`
`appear in the claims. Instead, the claims simply recite a “media player
`
`device.” One skilled in the art would understand that the patentee chose to
`
`claim the alternative embodiment of media player, including general purpose
`
`computers.
`
`41. Based on this disclosure one of skill in the art would understand the BRC of
`
`“media player device” to be “a device capable of playing audio or video or a
`
`combination of both.”
`
`21
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`Docket No. 032449.0032-US05
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`The Bi Publication
`42. U.S. Patent Application Publication No. 2002/0087996 A1 to Bi et al. (“Bi”)
`
`was published on July 4, 2002. Bi is entitled “Interactive Remote Control of
`
`Audio or Video Playback and Selection.” Ex. 1003. It is directed to a system
`
`with an interactive remote control, which may be wired or wireless, that is
`
`used to control a player application running on a personal computer or set-top
`
`box. Id. at [0007]; [0018].
`
`43. An exemplary embodiment of the system described in Bi is shown in Figure 2.
`
`In this system, digital audio or video data is provided from a data server 102
`
`via the Internet or other computer network 101 to a computing platform 100.
`
`Id. at [0020]. Computing platform 100 may be a personal computer, set-top
`
`box or Internet appliance. Id. at [0018]. An “interactive remote control
`
`device,” referred to as a “navigator” 260, is provided to facilitate selection of
`
`audio or video to be played on computing platform 100. As noted at [0007],
`
`the interactive remote control provides various functions “such as playback of
`
`current digital or audio video content; selection of new audio or video content;
`
`and providing lists of content for playback.” Furthermore, an “important
`
`aspect” of the system disclosed in Bi “is that the digital content can be
`
`controlled from a location away from the computing platform running the
`
`digital content playback application.” Id.
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`22
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`Docket No. 032449.0032-US05
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`44. The navigator 260 acts as a remote control and allows the user to receive
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`feedback from and provide input to an audio or video player application 151
`
`running on the computing platform 100. Id. at [0028]. It is noted that the
`
`communication with the computing platform may be wireless, e.g., by an
`
`IEEE 802.11 interface. Id. at [0020]. One of skill in the art understands that
`
`IEEE 802.11 refers to a wireless networking standard colloquially known as
`
`“Wi-Fi.”
`
`45. The navigator 260 includes an LCD display 266, which may be configured to
`
`display outputs such as graphics or text. Id. at [0018]. The navigator 260 also
`
`includes user controls 264 for controlling the audio or video player application
`
`running on computer platform 100. Id. at [0018]. These controls can include,
`
`for example, “buttons, dials, a touch screen, and a keyboard.” Id.
`
`46. The navigator 260 interacts with a navigator control manager 154, running on
`
`the computing platform 100. Navigator control manager 154 takes user inputs
`
`from the navigator 260 and interprets and translates them into commands and
`
`actions for the audio or video player application 151 to provide interactive
`
`remote control specifically for selection and playing of digital music. Id. at
`
`[0031]. FIG. 7 provides the software flow of the navigator control manager
`
`154. As can be seen in that figure, the remote control functionality includes
`
`browsing music by reference to playlists. Specifically, steps 188-193 relate to
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`23
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`Docket No. 032449.0032-US05
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`browsing and selection of music utilizing the navigator 260. These steps
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`include browsing music on the computing platform 100 as well as obtaining
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`music information from data server 102 in case the music is not stored locally
`
`on computing plat

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