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. 8,050,652
`
`
`
`
`For: METHOD AND DEVICE FOR AN
`INTERNET RADIO CAPABLE OF
`OBTAINING PLAYLIST CONTENT
`FROM A CONTENT SERVER
`
`DECLARATION OF KEVIN JEFFAY, 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 Jeffay, 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
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`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
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`MEDIA, LLC. My compensation is not dependent upon the outcome of, or
`
`my testimony in, the present inter partes review or any litigation proceedings.
`
`2.
`
`I have reviewed each of the following:
`
`a. U.S. Patent No. 8,050,652 (“the ’652 Patent”), including the claims,
`
`description and prosecution history (which is identified in the Petition
`
`respectively as Exhibits 1001 and 1002);
`
`b. U.S. Patent No. 7,187,947 to White, et al. (which is identified in the
`
`Petition as Exhibit 1003; hereinafter “White”);
`
`c. U.S. Patent No. 6,199,076 to Logan, et al. (which is identified in the
`
`Petition as Exhibit 1004; hereinafter “Logan”);
`
`d. U.S. Patent No. 7,020,704 to Lipscomb, et al. (which is identified in
`
`the Petition as Exhibit 1005; hereinafter “Lipscomb”);
`
`e. U.S. Provisional Patent Application Nos. 60/157,736 (which is
`
`identified in the Petition as Exhibit 1006; “the ‘736 application” or
`
`“the ‘736 app.”), 60/176,829 (which is identified in the Petition as
`
`Exhibit 1007; “the ‘829 application” or “the ‘829 app.”), 60/176, 830
`
`(which is identified in the Petition as Exhibit 1008; “the ‘830
`
`application” or “the ‘830 app.”), 60/176,833 (which is identified in the
`2
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`Docket No. 032449.0032-US08
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`Petition as Exhibit 1009; “the ‘833 application” or “the ‘833 app.”),
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`60/177,063 (which is identified in the Petition as Exhibit 1010; “the
`
`‘063 application” or the “063 app.”), 60/177,783 (which is identified
`
`in the Petition as Exhibit 1011; “the ‘783 application” or “the ‘783
`
`app.”), 60/177,867 (which is identified in the Petition as Exhibit 1012;
`
`“the ‘867 application” or “the ‘867 app.”), 60/177,884 (which is
`
`identified in the Petition as Exhibit 1013; “the ‘884 application” or
`
`“the ‘884 app.”) (collectively, these provisional applications are
`
`referred to as “the Lipscomb provisional applications”); and
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`f. all references cited below in the state of the art section of this
`
`declaration.
`
`3. Upon reviewing the ‘652 Patent, I understand that a non-provisional
`
`application was filed on November 27, 2006 (Appl. No. 11/563,232) (“the
`
`’232 application”), which issued as the ‘652 Patent. I further understand that
`
`the ’232 application is a continuation of U.S. patent application No.
`
`09/805,470 (filed Mar. 12, 2001) (“the ’470 application”), which is a
`
`continuation-in-part of U.S. patent application No. 09/096,703 (filed Jun. 12,
`
`1998) (“the ’703 application”), and which claims the benefit of U.S.
`
`3
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`Docket No. 032449.0032-US08
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`provisional application No. 60/246,842 (filed Nov. 8, 2000) (“the ’842
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`provisional application”). The ‘703 application also claims the benefit of U.S.
`
`provisional patent application No. 60/072,127 (filed Jan. 22, 1998) (“the ‘127
`
`provisional application”). My opinion is that the ’652 Patent is not entitled to
`
`claim priority to each of these applications. Each of the independent claims of
`
`the ‘652 Patent recites a “playlist identifying a plurality of songs.” However,
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`playlists identifying a plurality of songs were not disclosed in the chain of
`
`applications leading to the ‘652 Patent until the ‘842 provisional application,
`
`which was filed on November 8, 2000. Accordingly, the earliest possible
`
`disclosure of the claims of the ‘652 Patent is November 8, 2000.
`
`4.
`
`It is my opinion that a person of ordinary skill in the art at the time of the
`
`inventions claimed in the ’652 Patent would have typically have had at least a
`
`B.S. degree in electrical engineering, computer engineering or computer
`
`science and approximately two years of professional experience with
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`computer networking and multimedia technologies, or the equivalent. I was a
`
`person of skill in this art in November 2000.
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`5. My background, qualifications, and experience relevant to the issues in
`
`proceeding are summarized below. My curriculum vitae is submitted
`
`herewith as Exhibit 1016.
`
`6.
`
`I am a tenured professor in the Department of Computer Science at the
`
`University of North Carolina at Chapel Hill where I currently hold the
`
`position of Gillian T. Cell Distinguished Professor of Computer Science.
`
`7.
`
`I have a Ph.D. in computer science from the University of Washington, a
`
`M.Sc. degree in computer science from the University of Toronto, and a B.S.
`
`degree with Highest Distinction in mathematics from the University of Illinois
`
`at Urbana-Champaign.
`
`8.
`
`I have been involved in the research and development of computing systems
`
`for over 30 years. I have been a faculty member at the University of North
`
`Carolina since 1989 where I perform research and I teach in the areas of
`
`operating systems, distributed systems, real-time and embedded systems,
`
`computer networking, multimedia computing and networking, and network
`
`management, among others. I consider myself an expert in these areas as well
`
`as others.
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`9.
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`I have authored or co-authored over 100 articles in peer-reviewed journals,
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`conference proceedings, texts, and monographs in the aforementioned areas of
`
`computer science and others. I am currently an Associate Editor for the
`
`Journal Real-Time Systems and have previously served as the Editor-in-Chief
`
`for the Journal Multimedia Systems. In addition, I have edited and co-edited
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`numerous published proceedings of technical conferences and have edited a
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`book of readings in multimedia computing and networking (with Hong-Jiang
`
`Zhang) published by Morgan Kaufman. I am a co-author (with Long Le and
`
`F. Donelson Smith) of a monograph related to computer network protocols,
`
`and a co- author (with Jay Aikat and F. Donelson Smith) of a second
`
`monograph related to experimental computer networking. A complete listing
`
`of all my publications can be found in Exhibit 1016.
`
`10.
`
`I have served on numerous proposal review panels for the National Science
`
`Foundation and other international funding agencies in the aforementioned
`
`areas of computer science. I have served as a program chair or member of the
`
`technical program committee for over 100 professional, international, and
`
`technical conferences, workshops, and symposia. In particular, I have served
`
`as either the Program Chair or General Chair for all of the major international
`
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`technical conferences, workshops, and symposia in the multimedia computing
`
`and networking field.
`
`11.
`
`I have worked for, and had research collaborations with, companies such as
`
`Cisco Systems, CloudShield, VMware, Lucent, AT&T, Cabletron/Aprisma,
`
`IBM, Dell, Sun, Intel, DEC, and Hewlett Packard, among others.
`
`12.
`
`In my research and teaching I have considered problems of the design and
`
`implementation of distributed computer systems and services including
`
`computer networks, operating systems, and network communication
`
`protocols. For example, in the early 1990s, I led a team to develop operating
`
`systems and communication protocols for transmitting streams of live audio
`
`and video over the Internet and to store and process such streams. Part of this
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`work involved the construction of distributed shared workspaces and desktop
`
`videoconferencing systems using digital audio and video. My group built and
`
`demonstrated some of the first Internet telephony systems (systems that would
`
`later come to be known as voice-over-IP or “VoIP” systems). Much of this
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`work was performed jointly with industry. For example, my research group
`
`collaborated with, and at times was funded by, companies such as Intel, IBM,
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`DEC (now HP), Cabletron (now Enterasys), Cisco, and AT&T Bell
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`Laboratories (now Alcatel-Lucent).
`
`13.
`
`In 1994, WXYC, the student-run radio station at the University of North
`
`Carolina at Chapel Hill, became the first radio station in the world to
`
`rebroadcast its programming live over the Internet using the freely available
`
`CU-SeeMe audio and videoconferencing software. Members of my research
`
`group served as informal consultants to this project.
`
`14.
`
`In 1996 I was hired by SOFTBANK Inc. to develop courses in multimedia
`
`networking for use in a professional continuing education program as part of
`
`the INTEROP family of networking conferences. The project included
`
`developing a series of lectures on multicasting and streaming audio and video
`
`content over the Internet. I later developed undergraduate and graduate level
`
`courses in networking and multimedia networking at the University of North
`
`Carolina at Chapel Hill.
`
`15.
`
`In the mid to late 1990s my research group participated in the MBONE
`
`(Multicast Backbone) research initiative and regularly used the MBONE to
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`watch and listen to live programming streamed over the Internet.
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`16. From 1976-1981 I was a FCC licensed radio engineer and worked at a
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`community FM radio station where I developed playlists for certain radio
`
`programs and hosted several live radio programs.
`
`17.
`
`I have served as an expert witness and technical consultant in litigation
`
`matters concerning distributed systems, operating systems, multimedia
`
`networking, computer networks, cellular and wireline telephony, embedded
`
`systems and embedded software, real-time systems, among others. This work
`
`has been performed on behalf of entities such as HTC Corp., Pioneer
`
`Electronics, Alpine Electronics, Verizon, Lucent, Motorola, AT&T, Nortel
`
`Networks, Cisco Systems, Google, Yahoo!, Microsoft, Green Hills Software,
`
`Akamai Technologies, Dell, and Cox Communications, among others. I have
`
`testified in several trials, arbitrations, and claim construction hearings as an
`
`expert witness. A complete listing of my testimony either by deposition or at
`
`trial within the last four years can be found in Exhibit 1016.
`
`State of the Art Through November 2000
`
`18. The concept of using a “playlist” to represent a list of songs or audio files so
`
`that users could select, play, and manipulate various songs was well known in
`
`the art by the mid to late 1990s. For example, playlists have been the subject
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`of U.S. patents since at least 1989. In the early 1990s, companies such as
`
`Microsoft, Apple, and Borland, among others, were designing graphical user
`
`interfaces (GUIs) to allow users to select and play music transmitted, for
`
`example, from a central database in a network.
`
`19. For example, U.S. Patent No. 5,168,481 to Culbertson, et al. is attached as
`
`Exhibit 1017 to the Petition. Culbertson shows that in the context of radio
`
`broadcast stations, it was known to compile a scheduled playlist from various
`
`music selections and pre-recorded materials having known durations or
`
`runtimes. See, e.g., Ex. 1017, 1:15-18. Culbertson sought to provide “an
`
`automated digital broadcast system which is capable of reliable operation for
`
`long periods of time without human assistance.” See, e.g., id. 1:44-51. In one
`
`embodiment, Culbertson describes using compact disc players to “sequentially
`
`play a predetermined list of musical selections and commercial or
`
`informational messages.” See, e.g., id. 1:50-51. Culbertson also taught using a
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`display device to display “a portion of the information contained in the
`
`playlist to allow an operator to obtain information about the music or
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`commercial selection being played as well as those selections that will be
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`played subsequently.” See, e.g., id. 2:51-55. Culbertson further disclosed that
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`audio playback of the musical selections from the playlist could be started and
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`stopped according to a schedule. See id. 1:53-60.
`
`20. U.S. Patent No. 5,616,876 to Cluts is attached as Exhibit 1018 to the Petition.
`
`Cluts describes a system implemented in an interactive network that would
`
`allow consumers to select “playlists” in the form of a predetermined collection
`
`of songs, and thereafter review the contents of the playlists, select songs in the
`
`playlist, build and create playlists, and display general information associated
`
`with the currently playing album or song. Ex. 1018, 4:38-54, 11:40-43,
`
`12:55-65, 13:24-27, 13:50-62, 15:14-25.
`
`21. The implementation and use of playlists through a GUI on a PC to allow users
`
`to select and play music transmitted from a database over a network was also
`
`well known before 1999. See, e.g., Ex. 1019 (“Nielsen”), pp. 414-417.
`
`Among other things, in the designs presented by Nielsen a user would be able
`
`to select songs, make multiple selections of songs for a particular time
`
`interval, (e.g., 45 minutes of music), select random songs in a selected genre
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`(by singer, musician, or style of music), and manipulate the selected songs to
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`pause, fast forward, skip, and rewind. See, e.g., id.
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`22. According to Nielsen, the Home Fiber Optic Music System included various
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`features, such as providing a “player view” that mimics a CD player and a
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`“song list view.” See, e.g., Ex. 1019, 416. Music could be played from two
`
`types of objects: a personal CD object and a Catalog object; and the catalog
`
`object supported “query” and “history lists” in the song list view. See, e.g., id.
`
`23. Similarly, generally available materials taught the typical user how to use
`
`commonly available tools to compile playlists through a GUI on a PC and
`
`play music transmitted over a network. See, e.g., Ex. 1020 (“Hacker”).
`
`Hacker explains, “One of the most enjoyable aspects of working with MP3
`
`players is the fact that they let you create custom ‘playlists,’ which are simply
`
`lists of audio files living anywhere on your system and grouped together
`
`under a single name. . . . Behind the scenes, a playlist is just a plan text file
`
`naming the full paths to the selected songs. When viewed through the MP3
`
`player’s interface, playlists are often attractive and highly customizable
`
`entities that let you rearrange, sort, and skip around through vast collections
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`with ease. Playlists for players that can handle streaming or broadcast MP3
`
`can also store URLs to your favorite broadcast sites.” Id. 56.
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`24. Thus, as of 1999-2000, the concept of implementing playlists on a network-
`
`enabled audio device to select, manage, and manipulate audio content such as
`
`songs was well known in the art.
`
`25. By the late 1990s, companies existed that marketed software designed to
`
`enable real-time streaming of at least audio. See, e.g., Ex. 1020, 13-14. Thus,
`
`by 2000, installing freely available software on one’s laptop or PC enabled the
`
`device to receive various kinds of audio content, including Internet radio
`
`broadcasts. Software to listen to Internet radio broadcasts has existed ever
`
`since Internet radio broadcast began. Accordingly, as made clear by the
`
`above discussion of the state of the art, and the discussion of the prior art
`
`below, by November 2000, it is my opinion the purported inventions of the
`
`‘652 patent were well known.
`
`Overview of the ‘652 Patent
`
`26. The ‘652 patent discloses a network-enabled audio device or player for
`
`listening to a variety of audio sources. Ex. 1001, 2:16-19. In an Internet radio
`
`mode, the player receives and plays a broadcast from an Internet radio station.
`
`Id. 10:3-12, 10:49-57. The player can include Internet Personal Audio
`
`Network (“IPAN”) client software, and a PC client that is in communication
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`with the network-enabled audio device may be used to add songs or URLs
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`corresponding to songs to a playlist on the network-enabled audio device. Ex.
`
`1001, 16:29-37; 21:40-65; 22:9-29 and Figs. 15, 19B. Further, the user can
`
`access IPAN software running on a server to assign playlists to the user’s
`
`different network-enabled audio devices. Id. 22:36-48.
`
`27. Additionally, the IPAN software can identify and check whether certain songs
`
`on the playlist of the network-enabled audio device are missing on that device.
`
`Ex. 1001, 28:20-30. If the IPAN software determines that another device
`
`accessible to the user has one or more of the missing songs, then the software
`
`provides the URLs where the songs are located to the network-enabled audio
`
`device. Id. 28:31-34. The network-enabled audio device downloads these
`
`missing songs from the URLs provided by the server. Id. 28:35-38.
`
`28. Figure 15 of the ‘652 patent below is a block diagram of the configuration
`
`between network-enabled audio devices and a stereo website. Ex. 1001, 6:4-
`
`6. Figure 15 illustrates two network-enabled audio devices (1510 and 1520)
`
`connected to IPAN server site 1104. Id. 21:40-43. Storage spaces (1512 and
`
`1522) of network-enabled audio devices (1510 and 1520) are used to store
`
`IPAN software 1526, playlist (1528 or 1530), and associate URLs and songs
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`within the playlist.
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`Id. 21:43-57. Server site 1104 includes IPAN software
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`1433 and playlists (1528 and 1530).
`
`Id. 21:52-57.
`
`29. Figure 19B from the ‘652 patent, below, shows the process for assigning a
`
`playlist to a device. Ex. 1001, 6:60-61. At step 1906, a user assigns a playlist
`
`to a first device 1510. Id. 28:14-16, Fig. 19B. The system determines
`
`whether all of the songs on the playlist are stored on the hard drive of the first
`
`device 1510. Id. 28:20-22. If any (or all) of the songs are missing from the
`
`first device 1510, IPAN 1433 forms a list of the remaining songs and checks
`
`the hard drive of second device 1520 to determine if any of the remaining
`
`songs may be found on that device. Id. 28:24-30. In an embodiment, if any
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`of the remaining songs are found on second device 1520, then IPAN 1433 will
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`provide first device 1510 with URLs for those songs, and first device 1510
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`will attempt to download the songs from second device 1520. Id. 28:30-43.
`
`Claim Construction
`
`30.
`
`I understand that in the present proceeding, claim terms are interpreted as the
`
`broadest reasonable construction consistent with the specification or “BRC.”
`
`31.
`
`I understand that the Board, in IPR2013-00594, construed “playlist” and
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`“playlist assigned to the electronic device,” as recited in claims 1 and 42, to
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`Docket No. 032449.0032-US08
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`respectively mean “a list of audio files or URLs of where the audio files were
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`retrieved from” and “a list of audio files or URLs of where the audio files
`
`were retrieved from directed to a particular device selected by a user.” Ex.
`
`1014, pp. 11-13. For the purposes of the present proceeding, I have assumed
`
`that these constructions should continue to apply to the meanings of these
`
`terms.
`
`32.
`
`It also my opinion that the URLs in a “playlist” are not limited to “URLs of
`
`where the audio files were retrieved from.” The specification of the ’652
`
`patent states that “[w]ithin the playlist, the URL’s indicate the location from
`
`which the audio files associated with the song titles in the playlist can be
`
`downloaded.” Ex. 1001, 22:48-50 (emphasis added).
`
`33.
`
`I understand that the Board, in IPR2013-00594, construed the phrase “wherein
`
`ones of the plurality of songs are not stored on the electronic device” in claims
`
`1 and 42 to mean “wherein at least one of the plurality of songs is not stored
`
`on the electronic device.” Ex. 1014, pp. 13-14. I have assumed that, for the
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`purposes of the present proceeding, this construction should apply to the
`
`meaning of this term in the current Petition as well.
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`Docket No. 032449.0032-US08
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`The White Patent
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`34. White is directed to a system and method for communicating selected
`
`information to an electronic device. Ex. 1003, Abstract. Selected information
`
`includes “audio information such as songs, on-line radio stations, on-line
`
`broadcasts, streaming audio, or other selectable information.” Id. 3:59-61.
`
`White discloses “allow[ing] a radio listener to create a personal playlist and to
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`listen to this playlist in a wireless atmosphere while enjoying CD quality
`
`sound.” Id. 2:7-10. White’s Figure 4 is reproduced below:
`
`35. Figure 4 shows graphical user interface 400 for displaying selectable audio
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`information. Ex. 1003, 11:6-15. Interface 400 may be displayed as a web page.
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`Id. This interface allows users to view radio dial 412 or “a current playlist
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`selected by the user or the status of [a] wirelessly communicated playlist.” Id.
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`11:26-33. Program interface 413 is used to specify items to be displayed by
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`radio dial 412. Id. 12:29-30. These items may include Internet and broadcast
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`radio stations or playlists. Id. 12:30-36.
`
`36. Figure 8 of White is reproduced below:
`
`37. Figure 8 depicts a method for providing selected audio information to an
`
`electronic device. Ex. 1003, 3:40-42. At step 800, the user accesses a web
`
`page such as the home page shown in Figure 4. Id. 15:64-67. Then at step 801,
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`the user selects “a single song, a plurality [of] different songs, an entire album,
`
`a broadcast station, streaming audio, etc. or other selectable audio
`
`information.” Id. 16:3-6. A playlist is created at step 802 reflecting the user’s
`
`audio selections. Id. 16:6-9. In certain embodiments, the playlist may be
`
`composed of songs selected by a friend or group of friends. Id. 17:56-18:19.
`
`A list of information is compiled at step 803 including information associated
`
`with the playlist, such as network or URL locations for the selected audio
`
`information. Id. 16:12-14. At step 804, the user then selects a device such as
`
`“a[n] automobile audio system, a home stereo system, a home computer, an
`
`electronic device coupled to a home network or computer system, etc.[,] or
`
`other locations or devices operable to receive the selected audio information.”
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`Id. 16:24-28. The playlist and associated information are communicated to the
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`electronic device via a wireless (step 806) or wired (step 813) connection. Id.
`
`16:35-45. Once the information is communicated to the electronic device, the
`
`user may execute the playlist (steps 812, 814). Id. 17:7-18.
`
`38. White’s electronic device “may be integrated into an audio component such as
`
`a radio receiver” or “coupled to a home audio system, a portable radio system
`
`or other system thereby providing a versatile electronic device operable to
`
`receive wirelessly communicated selected audio information.” Ex. 1003, 9:53-
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`Docket No. 032449.0032-US08
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`57; 10:38-42. In certain embodiments, White’s electronic device may be
`
`coupled to an optical disc player such as a CD player or “storage medium 303
`
`such as a high speed buffer, programmable memory, or other devices operable
`
`to store information.” Id. 18:46-50; 8:46-52; 8:67-9:5.
`
`39. White thus discloses at least the following elements of claims 1 and 42 of the
`
`‘652 patent: an Internet radio mode of operation (Ex. 1003, 3:59-61 and 2:7-
`
`10); a playlist mode of operation (id. Fig. 8 elements 813, 807, 808; 16:3-4);
`
`assigning a playlist to a player device, where some of the songs are not stored
`
`on the player device. (id. 15:62-16:34; Fig. 4; 11:66-12:7; Fig. 8; 17:32-35); a
`
`control system for carrying out the functionality of its player device (id. 8:52-
`
`62; 12:38-54; Figs. 3-4); and receiving information from a central system
`
`enabling the player to obtain missing songs from a remote source (id. 16:11-
`
`19).
`
`40. White further discloses enabling playback from an optical disc, relating to
`
`claims 3 and 44 of the ‘652 patent (Ex. 1003, 18:46-53); enabling playback
`
`from a data storage device, relating to claims 4 and 45 of the ‘652 patent (id.
`
`13:18-26; 8:46-52; 8:67-9:5); displaying a list of Internet radio broadcast
`
`stations, relating to claims 6 and 47 of the ‘652 patent (id. 12:30-37; Fig. 4,
`
`21
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`Page 21 of 37
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`

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`Docket No. 032449.0032-US08
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`element 412); a wireless transceiver that is coupled to a control system,
`
`relating to claims 7 and 48 of the ‘652 patent (id. 9:6-14); at least one speaker
`
`that is part of White’s system, relating to claims 10 and 52 of the ‘652 patent
`
`(id. claim 17); and receiving and displaying a recommended song, relating to
`
`claims 13 and 55 of the ‘652 patent (id. 17:56-18:19; 15:62-16:6).
`
`41. Consistent with the broadest reasonable construction standard and customary
`
`usage in the 1999-2000 time frame, a person of skill in the art would
`
`understand the Internet website disclosed in White (Ex. 1003, 10:20-26)
`
`teaches the central system of the electronic device of claim 1.
`
`The Logan Patent
`
`42. Logan discloses an information distribution system that allows player devices
`
`to play back audio program segments, such as music. Ex. 1004, 2:6-43, 5:60-
`
`65. The audio player device can be a conventional laptop or desktop
`
`computer. See, e.g., id. 4:33-41. The audio player plays back the audio
`
`program segment files in accordance with a schedule file, which is created in
`
`the first instance by a host server, which develops and periodically transmits
`
`the schedule file to the player. Id. 2:47-50, 7:1-13. The schedule file consists
`
`of a sequence of program segment identification numbers, which determines
`
`22
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`Page 22 of 37
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`Docket No. 032449.0032-US08
`
`the sequence of events that occur during playback. Id. 7:1-13, 8:39-41, 12:3-
`
`15, 17:59-61 and Fig. 4.
`
`43. Figure 1 of Logan, which presents schematic diagrams of host server 101 and
`
`player 103, is provided below.
`
`44. Logan discloses that the player, after obtaining the schedule file, issues
`
`download requests to the host server for program segments which are not
`
`already in the player’s local storage. Ex. 1004, 7:4-13. In embodiments, the
`
`player only requests transfer of program segments not already present in local
`
`storage. Id. 19:4-8. The download operation preferably occurs at a time
`
`established by the player. Id. 8:24-29. In the download operation, the player
`
`23
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`Page 23 of 37
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`

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`Docket No. 032449.0032-US08
`
`identifies specific program segments that it wants to download by, for
`
`example, designating filenames or program_id values. Id. 8:20-38.
`
`45.
`
`In particular, the selections made by and uploaded from the subscriber take
`
`the form of a file that designates the specific program segments for download
`
`to the subscriber’s player. Ex. 1004, 7:4-13. This file includes a URL field
`
`that specifies the location of the file containing the specific program segment
`
`at an FTP server of the host server, or potentially at any other accessible
`
`location on the Internet. Id. 17:24-67; 18:60-65 and Fig. 1. The player issues
`
`FTP download requests from the host server by specifying the URLs of the
`
`needed files. Id. 19:12-15. Either or both of the host server and another
`
`location on the Internet that contains a desired specific program segment are
`
`thus “remote sources.”
`
`46. The URL specifying the location of the specific program segment for
`
`download to the subscriber’s player is originally provided to the player as part
`
`of a catalog that the host server presents to the subscriber. Id. 9:31-45; 9:51-
`
`62 and 27:24-29. In particular, Logan discloses that a server subsystem
`
`creates a playlist-like session schedule and transmits it to the user’s player
`
`device. Id. 2:44-54; 6:51-55; 12:3-15; 18:60-65. Logan further discloses that
`
`24
`
`Page 24 of 37
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`

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`Docket No. 032449.0032-US08
`
`the player device may playback the content corresponding to the playlist-like
`
`session schedule. Id. 8:54 – 9:10. Thus, relating to claims 1 and 42 of the
`
`‘652 patent, Logan discloses a playlist mode of operation in which the player
`
`device plays back content corresponding to the playlist-like session schedule.
`
`Id.
`
`47. Logan discloses that the player device is a computer-like device that has a
`
`CPU, a display and input devices. Ex. 1004, 4:33-41; 9:64-10:6; Fig. 1.
`
`Logan further discloses that the player device has a user interface for
`
`controlling its functionalities. Id. 8:57 – 9:4. Thus, relating to claim 1 of the
`
`‘652 patent, Logan discloses a control system.
`
`48. Logan discloses that in certain situations, the user’s player device will request
`
`only those songs not already present on the player device. Id. 7:4-13; 19:4-8;
`
`14:53-15:20. Thus, relating to claims 1 and 42 of the ‘652 patent, Logan
`
`discloses receiving a playlist identifying a plurality of songs, wherein some of
`
`the songs of the playlist are not stored on the player.
`
`49. To begin a download operation, the player identifies specific program
`
`segments that it wants to download by, for example, designating filenames or
`
`program_id values. Ex. 1004, 8:20-38. In particular, the selections made by
`
`25
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`Page 25 of 37
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`

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`Docket No. 032449.0032-US08
`
`the subscriber or user and uploaded from the player take the form of a file that
`
`designates the specific program segments for download to the subscriber’s
`
`player. Id. 17:5-14. This file includes a URL field that specifies the location
`
`of the file containing the specific program segment at an FTP server of the
`
`host server, or potentially at any other accessible location on the Internet. Id.
`
`17:24-67; 18:60-65 and Fig. 1. The player issues FTP download requests
`
`from the host server by specifying the URLs of the needed files. Id. 19:12-15.
`
`Either or both of the host server and another location on the Internet that
`
`contains a desired specific program segment discloses the recited “remote
`
`source.” The URL specifying the location of the specific program segment
`
`for download to the subscriber’s player is originally provided to the player as
`
`part of a catalog that the host server presents to the subscriber. Id. 9:31-45,
`
`9:51-62 and 27:24-29. Thus, relating to claims 1 and 42 of the ‘652 patent,
`
`Logan discloses receiving information from a central system enabling the
`
`player to obtain missing songs from a remote source.
`
`50. Logan discloses that a player device includes data storage devices such as
`
`high speed RAM storage and persistent mass storage for storing audio, text
`
`and image data, and that the audio recordings stored therein can be converted
`
`into audio form. Ex. 1004, 4:33-41; 4:46-50. Thus, relating to claims 4 and
`26
`
`Page 26 of 37
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`

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`Docket No. 032449.0032-US08
`
`45 of the ‘652 patent, Logan discloses enabling playback from a data storage
`
`device.
`
`51. Logan discloses that the player may connect to the host (server) device using a
`
`wireless link. Ex. 1004, 7:44-57. Thus, relating to claims 7 and 48 of the
`
`‘652 patent, Logan discloses a wireless transceiver that is coupled to Logan’s
`
`control system.
`
`52. Logan discloses that player device is adopted for connection to a speaker
`
`device. Ex. 1004, 4:41-46. Thus, relating to claims 10 and 52 of the ‘652
`
`patent, Logan discloses at least one speaker that is part of the system disclosed
`
`by Logan.
`
`The Lipscomb Patent
`
`53.
`
`I have reviewed both the Lipscomb patent and the Lipscomb provisional
`
`applications it claims priority to. As explained below, it is my opinion th

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