throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Steven Krampf, et al.
`In re Patent of:
`8,090,309 Attorney Docket No.: 39521-0016IP1
`U.S. Patent No.:
`January 3, 2012
`
`Issue Date:
`Appl. Serial No.: 11/967,692
`
`Filing Date:
`December 31, 2007
`
`Title:
`ENTERTAINMENT SYSTEM WITH UNIFIED CONTENT
`SELECTION
`
`
`
`DECLARATION OF M. RAY MERCER
`
`I.
`
`Personal Work Experience and Awards
`
`1. My name is Melvin Ray Mercer, Professor Emeritus of Electrical and
`
`Computer Engineering at Texas A&M University. I am currently President of M.
`
`Ray Mercer and Associates, Inc., an independent consulting firm. In addition to the
`
`below summary, a copy of my current curriculum vitae more fully setting forth my
`
`experiences and qualifications is submitted herewith as Exhibit 1004.
`
`2.
`
`I have more than 46 years of dual industrial and academic experience
`
`in Electrical Engineering and Computer Engineering. I received a B.S. in Electrical
`
`Engineering from Texas Tech University in 1968, a Master of Science in Electrical
`
`Engineering from Stanford University in 1971, and a Doctor of Philosophy in
`
`Electrical Engineering from The University of Texas at Austin in 1980. Further, I
`
`have authored dozens of published technical papers and delivered many lectures
`
`addressing various aspects of Electrical and Computer Engineering.
`
`Page 1 of 56
`
`APPLE 1003
`
`

`

`3.
`
`From 1968 to 1973, I was a Research/Development Engineer at
`
`General Telephone and Electronics Sylvania in Mountain View, California, during
`
`which time I also completed my M.S. in Electrical Engineering from Stanford
`
`University in 1971. During this period, I programmed minicomputer systems
`
`(predecessors to personal computers, smartphones, and modem servers) in machine
`
`language, assembly language, and various higher-level languages. I wrote simple
`
`Operating Systems, and most of the applications involved real-time processing as a
`
`significant aspect of the systems design. Much of this work was related to
`
`computer control of data collection and analysis systems used by organizations in
`
`the United States government.
`
`4.
`
`From 1973 to 1977, I was a Member of Technical Staff at Hewlett-
`
`Packard's Santa Clara Division and subsequently at Hewlett-Packard Laboratories
`
`in Palo Alto, California. During this time, I continued to develop application
`
`programs. I also designed interface hardware to interact with the software of the
`
`computers and accomplish various tasks. One major project for which I had overall
`
`responsibility was the real-time control of environmental test systems for satellites
`
`and satellite components. At HP Laboratories, among other projects, I developed
`
`hardware and software to provide real-time control of manufacturing systems for
`
`exotic solid state devices.
`
`Page 2 of 56
`
`

`

`5.
`
`From 1977 to 1980, I was a Lecturer in the Division of Mathematics,
`
`Statistics, and Computer Science at the University of Texas at San Antonio. As the
`
`director of a laboratory for teaching students to program and build hardware
`
`interfaces and control systems using small computers, I purchased, built, and
`
`operated some of the earliest personal computers. Additionally, I taught courses in
`
`the design of digital systems, while also completing my Ph.D. in Electrical
`
`Engineering from the University of Texas at Austin in 1980.
`
`6.
`
`From 1980 to 1983, I was a Member of Technical Staff at Bell
`
`Laboratories in Murray Hill, New Jersey. My work involved the programming of
`
`computers and the hardware design of components for communication systems. I
`
`was part of a three-person team that designed, tested, and directed the manufacture
`
`of an integrated circuit that was a key component in a digital telephone modem.
`
`7.
`
`In 1983, I was appointed Assistant Professor of Electrical and
`
`Computer Engineering at the University of Texas at Austin. In 1987, I was
`
`promoted to Associate Professor and Professor in 1991. During this period, I
`
`taught Computer Engineering courses at the undergraduate and graduate level,
`
`directed the research of graduate students, and consulted with numerous
`
`organizations.
`
`8.
`
`In 1995, I was appointed Professor of Electrical and Computer
`
`Engineering, Leader of the Computer Engineering Group, and Holder of the
`
`Page 3 of 56
`
`

`

`Computer Engineering Chair in Electrical Engineering at Texas A&M University
`
`in College Station, Texas. My teaching, my research, my technical publications,
`
`and my supervision of graduate students during this period included the areas of
`
`the modeling, design, and fabrication of digital hardware and software systems.
`
`My administrative duties included the development and enhancement of the
`
`Computer Engineering Group. As with previous my work (at The University of
`
`Texas at Austin), during this period, I taught courses at the undergraduate and
`
`graduate level, I directed the research of graduate students, and I consulted with
`
`numerous organizations on a variety of topics. I was also responsible for
`
`monitoring controlled experiments to optimize and quantify the use of tester time
`
`to detect defects in electrical products, and I was part of a team that used analytical
`
`techniques to predict the expected growth of quiescent currents in MOS transistors
`
`as a function of the reduction in integrated circuit feature sizes.
`
`9.
`
`In September 2005, I retired from my teaching position, and the
`
`Regents of the Texas A&M University System appointed me as Professor Emeritus
`
`of Electrical and Computer Engineering at Texas A&M University.
`
`10.
`
`In 1984, I formed Mercer and Associates, an independent consulting
`
`firm that I have owned and directed to this day. Since 1984, I have been providing
`
`private consultation and advice in Electrical and Computer Engineering to
`
`Page 4 of 56
`
`

`

`numerous entities, including IBM Corp., Rockwell International, Motorola
`
`Semiconductor, AT&T, Inc., and SigmaTel.
`
`11.
`
`I first served as an expert witness at the request of the Office of the
`
`State Attorney General of Texas in 1984. Since that time, I have been hired by
`
`numerous law firms to provide them and their clients with expert consultation and
`
`expert testimony, often in the areas of patent infringement litigation related to
`
`Electrical and Computer Engineering. I have testified about systems that
`
`download entertainment media from the internet for presentation on home-based
`
`entertainment systems. I have testified regarding stand alone and on line gaming
`
`systems. I have testified regarding home entertainment systems which use wireless
`
`communications. I have testified regarding media advertising for automotive
`
`products. I have testified with respect to on-line educational institutions and
`
`technical aspects of their media distribution systems. I have testified with respect
`
`to media and entertainment systems for mobile vehicles. I have testified in a case
`
`involving the simultaneous acquisition of media from an external source to a
`
`storage device and presentation of different media stored on that same storage
`
`device via an entertainment device. I have testified in a case involving delta-sigma
`
`modulation for high performance analog-to-digital and digital-to-analog converters
`
`– such as those commonly utilized in personal computers.
`
`Page 5 of 56
`
`

`

`12. Throughout my career, I have been actively involved in numerous
`
`professional organizations including the Institute of Electrical and Electronics
`
`Engineers ("IEEE"), and I was recognized as an IEEE Fellow in 1994. I was the
`
`Program Chairman for the 1989 International Test Conference, which is an IEEE
`
`sponsored annual conference with (at that time) more than one thousand attendees
`
`and over one hundred presented papers. I won the Best Paper Award at the 1982
`
`International Test Conference.
`
`13.
`
`I also won a Best Paper Award at the 1991 Design Automation
`
`Conference, an annual conference with (at that time) more than ten thousand
`
`attendees and five hundred submitted papers, many of which related to the design
`
`of integrated circuit-based systems.
`
`14.
`
`I also won a Best Paper Award at the 1999 VLSI Test Symposium.
`
`This paper was focused on manufacturing techniques to optimize the quality of
`
`manufactured digital systems. I am the inventor of two United States patents that
`
`relate to the design of integrated circuits and digital systems. I was selected as a
`
`National Science Foundation Presidential Young Investigator in 1986. This award
`
`included $500,000 for support of my research.
`
`15. Based on my above-described 46 years of dual industrial and
`
`academic experience in Electrical Engineering and Computer Engineering, and the
`
`acceptance of my publications and professional recognition by societies in my
`
`Page 6 of 56
`
`

`

`field, I believe that I am considered to be an expert in the field of digital media,
`
`and digital media distribution.
`
`II. Materials Considered
`
`16.
`
`In writing this Declaration, I have considered the following: my own
`
`knowledge and experience, including my work experience in the fields of digital
`
`media, and digital media distribution; my industry experience with those subjects;
`
`and my experience in working with others involved in those fields. I have also
`
`analyzed the following publications and materials, in addition to other materials I
`
`cite in my declaration:
`
` U.S. Patent No. 8,090,309 and its accompanying prosecution history
`
`(“the ’309 Patent”, Ex. 1001)
`
` U.S. Pub. No. 2002/0002039 (“Qureshey”, Ex. 1005)
`
` U.S. Patent No. 6,563,769 (“Van Der Meulen” or “VDM”, Ex. 1006)
`
` U.S. Pub. No. 2004/0174858 (“Caspi”, Ex. 1007)
`
` U.S. Pub. No. 2002/0071448 ("Cervello", Ex. 1011)
`
` International Pub. No. WO 02/13429 (“Davidi”, Ex. 1012)
`
` Canadian App. No. 2,388,986 ("Kiss", Ex. 1013)
`
`17. Although for the sake of brevity this Declaration refers to selected
`
`portions of the cited references, it should be understood that one of ordinary skill in
`
`the art would view the references cited herein in their entirety and in combination
`
`Page 7 of 56
`
`

`

`with other references cited herein or cited within the references themselves. The
`
`references used in this Declaration, therefore, should be viewed as being
`
`incorporated herein in their entirety.
`
`18.
`
`I am not currently and have not at any time in the past been an
`
`employee of Apple, Inc. I have been engaged in the present matter to provide my
`
`independent analysis of the issues raised in the petition for inter partes review of
`
`the ’309 patent. I received no compensation for this declaration beyond my normal
`
`hourly compensation based on my time actually spent studying the matter, and my
`
`compensation does not depend on the outcome of this inter partes review of the
`
`’309 patent.
`
`III. Person of Ordinary Skill in the Art
`
`19.
`
`I am familiar with the content of the ’309 patent, which, I have been
`
`informed by counsel, has an earliest effective filing date of October 27, 2004.
`
`Additionally, I have reviewed the other references cited above in this declaration.
`
`Counsel has informed me that I should consider these materials through the lens of
`
`one of ordinary skill in the art related to the ’309 patent at the time of the
`
`invention. I believe that a person having ordinary skill in the art at the earliest
`
`effective filing date of the ’309 Patent (“POSITA”) would have had a Bachelor of
`
`Science Degree in Electrical Engineering, Computer Engineering, or Computer
`
`Science with related post-graduate or industry work experience. Individuals with
`
`Page 8 of 56
`
`

`

`additional education or additional industrial experience could still be of ordinary
`
`skill in the art if that additional aspect compensates for a deficit in one of the other
`
`aspects of the requirements stated above. I base my evaluation of a person of
`
`ordinary skill in this art on my own personal experience, including my knowledge
`
`of students, colleagues, and related professionals at the time of interest.
`
`IV. Claim Construction
`
`20.
`
`I understand that, for the purposes of my analysis in this matter, the
`
`claims of the ‘309 Patent must be given their broadest reasonable interpretation
`
`consistent with the specification. Stated another way, it is contemplated that the
`
`claims are understood by their broadest reasonable interpretation except where
`
`construed in the specification. I also understand that this “broadest reasonable
`
`interpretation” is with respect to how one of ordinary skill in the art would
`
`interpret the claim language. I have followed these principles in my analysis. In a
`
`few instances, I have discussed my understanding of the claims in the relevant
`
`paragraphs below.
`
`V. Van Der Meulen
`
`A. Claim 1
`21. Van Der Meulen (“VDM”) describes methods for implementing and
`
`using a “collection management system” that “resides on a consumer electronic
`
`(CE) device, or a personal or home computer (PC)” (a media device). VDM at
`
`Page 9 of 56
`
`

`

`Abstract; see also VDM at 2:15-25, 3:9-25, 4:6-8. The media device includes a
`
`“collection manager 150 that contains a user interface that provides a controlled
`
`access to . . . one or more” media sources having recordings (media content).
`
`VDM at 3:9-12. The media sources managed by the collection manager include
`
`“one or more hard disk drives 110, one or more combination storage and playback
`
`devices 120,” and one or more playback devices 130 connected to the media
`
`device by a network 100, and one or more “Internet site[s]” or “servers” storing
`
`recordings and accessible by the media device via the network 100. See VDM at
`
`Abstract, 2:63-3:1; see also VDM at claim 6. The media managed by the
`
`collection manager also include “recordings that are stored on one or more hard
`
`drives associated with the CE device or the PC.” VDM at 2:15-20. The system
`
`also includes “rendering devices” (media output units) connected to the network
`
`for playing the recordings, which VDM describes as “providing an output signal
`
`corresponding to a recorded content, a transmitted content, or another source of
`
`content material.” VDM at 3:7-9. FIG. 1 of VDM shows the various components
`
`of the system:
`
`Page 10 of 56
`
`

`

`VDM, FIG. 1
`
`
`
`22. The system also includes “rendering devices” (media output units)
`
`connected to the network for playing the recordings, which VDM describes as
`
`“providing an output signal corresponding to a recorded content, a transmitted
`
`content, or another source of content material.” VDM at 3:7-9. The collection
`
`manager on the media device includes a “receiver” module operable to receive
`
`media content from the one or more media sources, and provide the received
`
`content to a rendering device for output. See VDM at claim 1, 7:66-67, FIG. 4.
`
`The receiver can compile “an archive of recordings” by “accumulat[ing] . . . copies
`
`of content material from one or more content sources 310 that allows for a
`
`playback of the content material from the archive storage device in lieu of the
`
`original content source[.]” VDM at 4:62-66, 5:5-9. The collection manager also
`
`Page 11 of 56
`
`

`

`includes a “retriever” module that receives user selections of recordings in the
`
`archive, and controls both the device storing the selected recording and a
`
`“rendering device” (a media output unit) connected to the network to effect
`
`retrieval and rendering (e.g., playback) of the selected recording. VDM at 7:52-8-
`
`23, 9:28-40.
`
`23. VDM’s media device is operable in multiple modes, including a first
`
`mode in which media files and/or streams are accessed from a co-housed and/or
`
`directly connected media source (e.g., from local storage), and a second mode in
`
`which recordings are played on rendering devices (media output units) from media
`
`sources over a network at the direction of the media device. See VDM at 2:59-64,
`
`3:22-25, 4:6-8; see also VDM at 2:15-20, 2:61-3:1, 3:25-30, 3:52-55, 5:3-14,
`
`FIGS. 1 and 2.
`
`24.
`
`In particular, VDM describes “an example embodiment of an
`
`integrated system 200 that includes both storage and playback capabilities,” i.e., a
`
`media device. The integrated system 200 can be used “in a dedicated system, a
`
`distributed system, or a combination of both.” VDM at 3:22-25, FIG. 2. “The
`
`components of the system 200 could be distributed throughout a network, located
`
`in a computing device, and so on.” VDM at 4:6-8. The system “includes an LCD
`
`touch display device 250 for interacting with the collection manager 150 (not
`
`shown) within the system 200[.]” VDM at 3:65-67 (emphasis added). The
`
`Page 12 of 56
`
`

`

`integrated system 200 also “includes at least one playback device 130, at least one
`
`hard disc drive 110, and interconnection means 220 for accessing other items, or
`
`appliances, on a network.” VDM at 3:52-55 (emphasis added); see also VDM at
`
`2:15-20, 4:6-8, FIGS. 1 and 2. FIG. 2 of VDM shows the integrated system 200;
`
`see also VDM at 10:42-48:
`
`VDM, FIGs 2A, 2B.
`
`
`
`25. Regarding the first mode, VDM describes that “the collection
`
`manager 150 stores recordings at directly addressable storage locations on a hard
`
`disk drive 110.” VDM at 4:10-12 (emphasis added). The “inter connection means
`
`220 may . . . connect to an amplifier, a television, a set of speakers, and so on, for
`
`rendering the recorded information.” VDM at 3:59-62 (emphasis added). VDM
`
`Page 13 of 56
`
`

`

`also teaches that “the integrated system 200 may optionally include an integral
`
`amplifier and speaker system[.]” VDM at 3:62-64.
`
`26. Regarding the second mode, VDM teaches that the “interconnection
`
`means 220 for accessing other items, or appliances, on a network” may also enable
`
`collection manager 150 to interact with and control “one or more storage devices
`
`that contain recordings of material, such as music or video recordings,” that are
`
`distributed throughout a network (e.g., network 100), as VDM’s FIG. 1 depicts.
`
`See VDM at 3:52-55 and 2:59-64. The collection manager includes a “receiver”
`
`module that “receives content data . . . compris[ing] audio information” from
`
`“content source[s]” including “playback device[s]” (e.g., 130 from FIG. 1),
`
`“storage device[s]” (e.g., 120 from FIG. 1) and “Internet site[s].” VDM at claim 1,
`
`claim 6. VDM further describes that the receiver 320 provides the content data to
`
`a “rendering device 380” (e.g., “an amplifier and speaker system,” “A/V system”
`
`or “a television”) to “render the original content 322[.]” VDM at 7:59-67. The
`
`following detail of FIG. 4 from VDM shows this interaction:
`
`Page 14 of 56
`
`

`

`VDM, Detail of FIG. 4
`
`
`
`27.
`
`In a first mode, VDM’s media device accesses media files and/or
`
`streams from a co-housed and/or directly connected media source (e.g., an archive
`
`110, disk store/play 120, and/or playback device 130). See VDM at 2:15-20, 3:22-
`
`25, FIGS. 1 and 2.
`
`28.
`
`In more detail, and as discussed above, VDM’s media device “stores
`
`recordings at directly addressable storage locations on a hard disk drive 110.”
`
`VDM at 4:10-12. The hard drive 110 is integrated, i.e., co-housed, with the media
`
`device, as shown in FIG. 2B:
`
`Page 15 of 56
`
`

`

`
`
`
`
`VDM, FIG. 2B
`
`29. The collection manager 150 of the integrated collection management
`
`system 200 includes “a user interface that facilitates the retrieval of recordings for
`
`playback from one or more storage devices” including “a hard disc drive” (e.g.,
`
`110). VDM at Abstract.
`
`30. Each hard disc drive 110 included in the integrated system 200 is
`
`configured to stream media files or media streams for output by an A/V system
`
`180, e.g., “an integral amplifier and speaker system,” and/or display, included in
`
`the collection management system 200. See VDM at 3:59-4:3; see also VDM at
`
`Abstract, 2:21-3:1, 5:12-41, 6:5-10.
`
`31. As discussed above, the collection management system 200 (media
`
`device) may also, in a second mode, interact with and control additional media
`
`sources and other devices that are distributed throughout a network (e.g., network
`
`100) remote from the system 200. See VDM at 2:61-3:1, 3:22-25, 3:52-55, 4:6-8,
`
`Page 16 of 56
`
`

`

`FIG. 1. Notably, the claimed “media source remote from the media device” that is
`
`controlled by the media device, is additional to and separate from the media source
`
`that “is co-housed with or directly connected to the media device.” See VDM at
`
`FIGS. 1, 2.
`
`32. The collection management system 200 (media device) displays
`
`media metadata on, e.g., an integrated LCD touch display device 250. See VDM at
`
`Abstract, 3:65-4:3, FIGS. 2, 3, 6A, 6B, 7A, 7B.
`
`33.
`
`In more detail, VDM describes a process of cataloging locally and
`
`remotely available media files and streams that includes the storage of media
`
`metadata. See VDM at 4:62-5:65. Through this process, collection management
`
`system 200 may create and store a “catalog 300 that contains an identification 301
`
`of each recording in the collection, and a locator 302 associated with each
`
`recording that identifies where the recording is located.” VDM at 4:26-29. “The
`
`identification 301 may be, for example, the name of the recorded song, movie,
`
`show, etc., and the locator 302 may be an identification of the particular disk array,
`
`the disk number within that array 120, and the track within the disk identified by
`
`that disk number.” VDM at 4:32-37. The catalog 300 may also include “key fields
`
`305 that may contain, for example, the title of the recording, the author, the
`
`performer, the genre, and so on, and the identification 301 [as] an index number, to
`
`which these key fields 305 can be referenced.” VDM at 4:38-42.
`
`Page 17 of 56
`
`

`

`VDM, FIG. 3.
`
`
`
`34. The collection management system 200 (media device) may display
`
`media metadata from the catalog 300 on, e.g., an integrated LCD touch display
`
`device 250. See VDM at 3:67-4:3, 4:26-37, 8:57-62, 9:14-52, FIGS. 2, 6A, 6B.
`
`FIGS. 7A and 7B, e.g., illustrate graphic presentations of the media catalog 300,
`
`including media metadata, that may be displayed on, e.g., integrated LCD touch
`
`display device 250. See VDM at 9:24-30, 9:48-52, FIGS. 2, 7A, 7B.
`
`VDM, FIGS. 7A, 7B.
`
`
`
`35.
`
`In more detail, the VDM’s media device may display recordings
`
`organized “as a carousel of disks 710, similar to the carousels of legacy jukebox
`
`devices” that is “rotated by the control arrows 711, 712, as may be implemented on
`
`Page 18 of 56
`
`

`

`the example touch screen 250 of FIG. 2.” VDM at 9:26-30 (emphasis added). “As
`
`the carousel 710 is rotated, the title of the selection, the name of the performing
`
`artist, and other information 715 is displayed, corresponding to each disc on the
`
`carousel.” VDM at 9:30-33 (emphasis added). VDM describes that the media
`
`content displayed in the user interface can be stored “in a hard drive that is integral
`
`to the selection display device 700.” VDM at 9:40-47 (emphasis added). Note that
`
`because the user interface is displayed by the media device on the touch screen
`
`250, the “selection display device 700” referred to above is the media device
`
`shown in FIG. 2 of VDM. See VDM at 9:26-47, FIG. 2A.
`
`36. FIGS. 6A and 6B, e.g., illustrate additional graphic presentations of
`
`the media catalog 300, including media metadata, that may be displayed on LCD
`
`touch display device 250. See VDM at 3:65-67, 8:57-62, 9:14-23, FIGS. 2, 6A,
`
`6B. Each media metadata displayed by the collection management system 200
`
`(media device) is associated with at least one media file or stream that is available
`
`from a storage device (e.g., hard disc 110) for output by a A/V system 180, e.g., an
`
`amplifier or speaker included in the collection management system 200. See VDM
`
`at 2:21-25, 2:61-3:1, 4:26-29. In more detail, and as described above, the media
`
`device of VDM includes a user interface that may display media content “as a
`
`carousel of disks 710[.]” VDM further describes that “[t]he carousel 710 is rotated
`
`by the control arrows 711, 712,” and that “when the carousel 710 is positioned at a
`
`Page 19 of 56
`
`

`

`desired recording 715, the user touches the play 720 button to effect the retrieval
`
`and rendering of the desired recording.” VDM at 9:28-39 (emphasis added).
`
`37. As described above, a user of the collection management system 200
`
`(media device) may select media metadata from among the media metadata
`
`displayed by LCD touch display device 250 by touching LCD touch display device
`
`250. See VDM at 2:21-25, 9:24-53, FIGS. 2 and 7.
`
`38. The user’s selection of media metadata may indicate, e.g., that
`
`collection management system 200 (media device) should play a media file or
`
`stream associated with the selected media metadata. See VDM at 9:30-39, 2:21-
`
`31, 3:59-4:3, 4:62-5:41. The media device’s user interface facilitates, e.g., “the
`
`retrieval of recordings for playback from one or more storage devices, based on an
`
`individual selection of genre, author, and so on.” VDM at 2:21-25
`
`39. The collection management system 200 (media device) may output
`
`the selected media file or stream through a A/V system 180 that may be, e.g., “an
`
`integral amplifier and speaker system,” or a display included in the collection
`
`management system 200. See VDM at 3:59-64, 3:67-4:3.
`
`40. Specifically, VDM describes that “when the carousel 710 is
`
`positioned at a desired recording 715, the user touches the play 720 button to effect
`
`the retrieval and rendering of the desired recording.” VDM at 9:28-39 (emphasis
`
`added). As also previously discussed, media device can include “an integral
`
`Page 20 of 56
`
`

`

`amplifier and speaker system” or can be connected to “an amplifier, a television, a
`
`set of speakers, and so on, for rendering the recorded information.” VDM at 3:59-
`
`64 (emphasis added). Therefore, when the user presses the play button, the
`
`selected content is rendered (i.e., played) on the media device by one of these
`
`integrated or connected components. Accordingly, VDM discloses “outputting the
`
`selected media file or media stream” as recited in the claim.
`
`41.
`
`Interconnection means 220 is a network interface that connects the
`
`media device with one or more remote media sources, which may include, e.g.,
`
`archive 110, disk store/play 120, playback device 130, and other content sources
`
`310, over network 100. See VDM at 3:22-25, 2:59-64, 4:6-8, 3:52-55. VDM
`
`teaches, e.g., that the media device can receive media files and streams and/or
`
`metadata from content sources 310, including Internet sites and from other media
`
`sources accessible “via a local network,” such as a storage device (e.g., 120 in FIG.
`
`1) or playback device (e.g., 130 in FIG. 1). See VDM at 2:59-64, 3:22-55, 4:6-8,
`
`5:9-19. A content source 310 may be, e.g., “a conventional playback device 130,
`
`such as a CD and DVD player, a cassette tape player, record player, VCR player,
`
`laser-disc player, and so on,” the Internet, or a storage device, such as disk
`
`store/play 120 or store 110. VDM at 5:5-14, claim 1 and claim 6. “In the
`
`integrated system 200 of FIG. 2, the content source is the integral CD/DVD device
`
`130, or via an external connection 220.” VDM at 5:5-14.
`
`Page 21 of 56
`
`

`

`42. The media device may create and store a catalog 300 of media
`
`metadata (e.g., identification 301 and/or locator 302) associated with available
`
`media files and streams. See VDM at 5:38-44, 4:26-42. As part of this process,
`
`the media device may use interconnection means 220 to transmit a request for
`
`media metadata (e.g., identification 321) from a remote media source (e.g., archive
`
`110, disk/store 120, playback device 130, and/or content source 310). See VDM at
`
`3:9-13 4:26-5:34, FIGS. 3, 4, and 5.
`
`43.
`
`In more detail, VDM’s media device includes a receiver 320 module
`
`operable to request media content and metadata (collectively, material 311) from
`
`one or more media sources (e.g., content source 310) over the network (e.g., via
`
`the network connected at interconnection means 220), to provide the received
`
`content to a rendering device for output (e.g., rendering device 380), and to provide
`
`the received metadata to an information source 340 and cataloger 350 for
`
`cataloging. See VDM at claim 1, 3:52-55, 5:9-65, 7:66-67, FIG. 4. The receiver
`
`320, e.g., “receives material 311 from the content source 310, the content of the
`
`material being dependent upon the capabilities of the content source 310.” VDM
`
`at 5:5-17. If, e.g., “the content source is a CD or DVD, the material 311 includes
`
`the unique identifier [an identification 321] that is associated with commercial CDs
`
`and DVDs.” VDM at 5:24-26 (emphasis added). In such a case, the identification
`
`Page 22 of 56
`
`

`

`information 321, by virtue of uniquely identifying a particular disk, identifies every
`
`associated track of every copy of that disk, and is therefore media metadata.
`
`44. The receiver provides the identification information 321 (media
`
`metadata) to the cataloger and, as explained above at, the cataloger may then store
`
`“the identification 321 and information 341 regarding the content 322 of the
`
`recording.” See VDM at 4:26-29, 5:24-50, FIGS. 3 and 4. The identifier 301
`
`stored in the catalog 300 by the cataloger 350, e.g., “is derived from the
`
`identification information 321, and may be a copy of the information 321 or a
`
`translation of the information 321 into a form that is specific to the catalog 300.”
`
`VDM at 7:30-38.
`
`45. The following detail of FIG. 4 of VDM illustrates the receiver 320,
`
`which runs on the media device, receiving material 311, which includes media
`
`content and an identification, from a content source 310 and providing it to the
`
`cataloger 350 for cataloging:
`
`
`
`Page 23 of 56
`
`

`

`VDM, Detail of FIG. 4
`
`46. The receiver may also provide “the identification to the information
`
`source 340 to facilitate the determination of other information 341 [e.g., key fields
`
`305] related to the material 311.” VDM at 5:26-29. The identification, e.g., “can
`
`be used to access an Internet site to obtain detailed information regarding each
`
`commercial CD, such as the title, performer, etc. of each selection on the CD,” and
`
`the obtained information 341 can then be provided to the cataloger 350 for
`
`cataloging. See VDM at 5:29-33, FIGS. 3 and 4.
`
`47.
`
`In some cases, the “[t]he identifier 301 [in the catalog 300] is derived
`
`from the identification information 321, and may be a copy of the information 321
`
`or a translation of the information 321 into a form that is specific to the catalog
`
`300.” VDM at 7:30 et seq. (emphasis added). “The identification 301 may be, for
`
`example, the name of [a] recorded song, movie, show etc.” See 3:33 et seq.
`
`48. The identification information 321 can, for example, be the name of a
`
`song recorded on a disk, rather than being a disk identifier. See, e.g., VDM at
`
`7:30, 3:33. When the identifier 301 is a copy of the information 321, and the
`
`identifier 301 is the name of a song, the information 321 obtained from the content
`
`source 310 must be the name of the song. The identifier 301 is not itself a key
`
`field 305 and may not be a key field that is displayed to the user, but if the
`
`identifier 301 is the name of a song, the same information is populated into the
`
`Page 24 of 56
`
`

`

`“title” key field 305 (media metadata) and displayed to the user. See VDM at
`
`4:38-42, FIGS. 3, 7A, 7B. In such a case, the identifier information 321, from
`
`which identifier 301 is copied, is itself media metadata.
`
`49. As described above, VDM discloses that the media device may use
`
`interconnection means 220 to transmit a request for and then receive material 311,
`
`which includes media metadata (identification 321), from a media source (content
`
`source 310) over a network, See VDM at 3:9-13 4:26-5:41, FIGS. 3, 4, and 5.
`
`Accordingly, VDM discloses “receiving at the media device, using the network
`
`interface, media metadata from the remote media source” as recited in the claim.
`
`50. VDM discloses that the media device may use interconnection means
`
`220 to transmit a request for and then receive material 311, which includes media
`
`metadata (identification 321), from a media source (content source 310) over a
`
`network, See VDM at 3:9-13 4:26-5:41, FIGS. 3, 4, and 5. VDM teaches that the
`
`received media metadata (e.g., identification 321) indicates at least one media file
`
`or stream available from the media source from which it was received (e.g.,
`
`archive 110, disk/store 120, pl

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket