`
`
`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
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`1. My name is Melvin Ray Mercer, Professor Emeritus of Electrical and
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`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
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`below summary, a copy of my current curriculum vitae more fully setting forth my
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`experiences and qualifications is submitted herewith as Exhibit 1004.
`
`2.
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`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
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`Engineering from Stanford University in 1971, and a Doctor of Philosophy in
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`Electrical Engineering from The University of Texas at Austin in 1980. Further, I
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`have authored dozens of published technical papers and delivered many lectures
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`addressing various aspects of Electrical and Computer Engineering.
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`Page 1 of 56
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`APPLE 1003
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`
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`3.
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`From 1968 to 1973, I was a Research/Development Engineer at
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`General Telephone and Electronics Sylvania in Mountain View, California, during
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`which time I also completed my M.S. in Electrical Engineering from Stanford
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`University in 1971. During this period, I programmed minicomputer systems
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`(predecessors to personal computers, smartphones, and modem servers) in machine
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`language, assembly language, and various higher-level languages. I wrote simple
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`Operating Systems, and most of the applications involved real-time processing as a
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`significant aspect of the systems design. Much of this work was related to
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`computer control of data collection and analysis systems used by organizations in
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`the United States government.
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`4.
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`From 1973 to 1977, I was a Member of Technical Staff at Hewlett-
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`Packard's Santa Clara Division and subsequently at Hewlett-Packard Laboratories
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`in Palo Alto, California. During this time, I continued to develop application
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`programs. I also designed interface hardware to interact with the software of the
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`computers and accomplish various tasks. One major project for which I had overall
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`responsibility was the real-time control of environmental test systems for satellites
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`and satellite components. At HP Laboratories, among other projects, I developed
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`hardware and software to provide real-time control of manufacturing systems for
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`exotic solid state devices.
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`Page 2 of 56
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`5.
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`From 1977 to 1980, I was a Lecturer in the Division of Mathematics,
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`Statistics, and Computer Science at the University of Texas at San Antonio. As the
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`director of a laboratory for teaching students to program and build hardware
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`interfaces and control systems using small computers, I purchased, built, and
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`operated some of the earliest personal computers. Additionally, I taught courses in
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`the design of digital systems, while also completing my Ph.D. in Electrical
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`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
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`computers and the hardware design of components for communication systems. I
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`was part of a three-person team that designed, tested, and directed the manufacture
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`of an integrated circuit that was a key component in a digital telephone modem.
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`7.
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`In 1983, I was appointed Assistant Professor of Electrical and
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`Computer Engineering at the University of Texas at Austin. In 1987, I was
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`promoted to Associate Professor and Professor in 1991. During this period, I
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`taught Computer Engineering courses at the undergraduate and graduate level,
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`directed the research of graduate students, and consulted with numerous
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`organizations.
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`8.
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`In 1995, I was appointed Professor of Electrical and Computer
`
`Engineering, Leader of the Computer Engineering Group, and Holder of the
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`Page 3 of 56
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`Computer Engineering Chair in Electrical Engineering at Texas A&M University
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`in College Station, Texas. My teaching, my research, my technical publications,
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`and my supervision of graduate students during this period included the areas of
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`the modeling, design, and fabrication of digital hardware and software systems.
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`My administrative duties included the development and enhancement of the
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`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
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`techniques to predict the expected growth of quiescent currents in MOS transistors
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`as a function of the reduction in integrated circuit feature sizes.
`
`9.
`
`In September 2005, I retired from my teaching position, and the
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`Regents of the Texas A&M University System appointed me as Professor Emeritus
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`of Electrical and Computer Engineering at Texas A&M University.
`
`10.
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`In 1984, I formed Mercer and Associates, an independent consulting
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`firm that I have owned and directed to this day. Since 1984, I have been providing
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`private consultation and advice in Electrical and Computer Engineering to
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`Page 4 of 56
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`numerous entities, including IBM Corp., Rockwell International, Motorola
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`Semiconductor, AT&T, Inc., and SigmaTel.
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`11.
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`I first served as an expert witness at the request of the Office of the
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`State Attorney General of Texas in 1984. Since that time, I have been hired by
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`numerous law firms to provide them and their clients with expert consultation and
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`expert testimony, often in the areas of patent infringement litigation related to
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`Electrical and Computer Engineering. I have testified about systems that
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`download entertainment media from the internet for presentation on home-based
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`entertainment systems. I have testified regarding stand alone and on line gaming
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`systems. I have testified regarding home entertainment systems which use wireless
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`communications. I have testified regarding media advertising for automotive
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`products. I have testified with respect to on-line educational institutions and
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`technical aspects of their media distribution systems. I have testified with respect
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`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
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`storage device and presentation of different media stored on that same storage
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`device via an entertainment device. I have testified in a case involving delta-sigma
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`modulation for high performance analog-to-digital and digital-to-analog converters
`
`– such as those commonly utilized in personal computers.
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`Page 5 of 56
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`12. Throughout my career, I have been actively involved in numerous
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`professional organizations including the Institute of Electrical and Electronics
`
`Engineers ("IEEE"), and I was recognized as an IEEE Fellow in 1994. I was the
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`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
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`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
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`attendees and five hundred submitted papers, many of which related to the design
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`of integrated circuit-based systems.
`
`14.
`
`I also won a Best Paper Award at the 1999 VLSI Test Symposium.
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`This paper was focused on manufacturing techniques to optimize the quality of
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`manufactured digital systems. I am the inventor of two United States patents that
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`relate to the design of integrated circuits and digital systems. I was selected as a
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`National Science Foundation Presidential Young Investigator in 1986. This award
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`included $500,000 for support of my research.
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`15. Based on my above-described 46 years of dual industrial and
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`academic experience in Electrical Engineering and Computer Engineering, and the
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`acceptance of my publications and professional recognition by societies in my
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`Page 6 of 56
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`field, I believe that I am considered to be an expert in the field of digital media,
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`and digital media distribution.
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`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
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`Page 7 of 56
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`with other references cited herein or cited within the references themselves. The
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`references used in this Declaration, therefore, should be viewed as being
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`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
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`hourly compensation based on my time actually spent studying the matter, and my
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`compensation does not depend on the outcome of this inter partes review of the
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`’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.
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`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
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`Science Degree in Electrical Engineering, Computer Engineering, or Computer
`
`Science with related post-graduate or industry work experience. Individuals with
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`Page 8 of 56
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`additional education or additional industrial experience could still be of ordinary
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`skill in the art if that additional aspect compensates for a deficit in one of the other
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`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
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`of students, colleagues, and related professionals at the time of interest.
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`IV. Claim Construction
`
`20.
`
`I understand that, for the purposes of my analysis in this matter, the
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`claims of the ‘309 Patent must be given their broadest reasonable interpretation
`
`consistent with the specification. Stated another way, it is contemplated that the
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`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
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`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
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`Page 9 of 56
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`
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`Abstract; see also VDM at 2:15-25, 3:9-25, 4:6-8. The media device includes a
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`“collection manager 150 that contains a user interface that provides a controlled
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`access to . . . one or more” media sources having recordings (media content).
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`VDM at 3:9-12. The media sources managed by the collection manager include
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`“one or more hard disk drives 110, one or more combination storage and playback
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`devices 120,” and one or more playback devices 130 connected to the media
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`device by a network 100, and one or more “Internet site[s]” or “servers” storing
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`recordings and accessible by the media device via the network 100. See VDM at
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`Abstract, 2:63-3:1; see also VDM at claim 6. The media managed by the
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`collection manager also include “recordings that are stored on one or more hard
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`drives associated with the CE device or the PC.” VDM at 2:15-20. The system
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`also includes “rendering devices” (media output units) connected to the network
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`for playing the recordings, which VDM describes as “providing an output signal
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`corresponding to a recorded content, a transmitted content, or another source of
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`content material.” VDM at 3:7-9. FIG. 1 of VDM shows the various components
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`of the system:
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`Page 10 of 56
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`VDM, FIG. 1
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`22. The system also includes “rendering devices” (media output units)
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`connected to the network for playing the recordings, which VDM describes as
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`“providing an output signal corresponding to a recorded content, a transmitted
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`content, or another source of content material.” VDM at 3:7-9. The collection
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`manager on the media device includes a “receiver” module operable to receive
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`media content from the one or more media sources, and provide the received
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`content to a rendering device for output. See VDM at claim 1, 7:66-67, FIG. 4.
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`The receiver can compile “an archive of recordings” by “accumulat[ing] . . . copies
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`of content material from one or more content sources 310 that allows for a
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`playback of the content material from the archive storage device in lieu of the
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`original content source[.]” VDM at 4:62-66, 5:5-9. The collection manager also
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`Page 11 of 56
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`includes a “retriever” module that receives user selections of recordings in the
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`archive, and controls both the device storing the selected recording and a
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`“rendering device” (a media output unit) connected to the network to effect
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`retrieval and rendering (e.g., playback) of the selected recording. VDM at 7:52-8-
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`23, 9:28-40.
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`23. VDM’s media device is operable in multiple modes, including a first
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`mode in which media files and/or streams are accessed from a co-housed and/or
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`directly connected media source (e.g., from local storage), and a second mode in
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`which recordings are played on rendering devices (media output units) from media
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`sources over a network at the direction of the media device. See VDM at 2:59-64,
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`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,
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`FIGS. 1 and 2.
`
`24.
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`In particular, VDM describes “an example embodiment of an
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`integrated system 200 that includes both storage and playback capabilities,” i.e., a
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`media device. The integrated system 200 can be used “in a dedicated system, a
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`distributed system, or a combination of both.” VDM at 3:22-25, FIG. 2. “The
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`components of the system 200 could be distributed throughout a network, located
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`in a computing device, and so on.” VDM at 4:6-8. The system “includes an LCD
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`touch display device 250 for interacting with the collection manager 150 (not
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`shown) within the system 200[.]” VDM at 3:65-67 (emphasis added). The
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`Page 12 of 56
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`integrated system 200 also “includes at least one playback device 130, at least one
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`hard disc drive 110, and interconnection means 220 for accessing other items, or
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`appliances, on a network.” VDM at 3:52-55 (emphasis added); see also VDM at
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`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:
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`VDM, FIGs 2A, 2B.
`
`
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`25. Regarding the first mode, VDM describes that “the collection
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`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
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`220 may . . . connect to an amplifier, a television, a set of speakers, and so on, for
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`rendering the recorded information.” VDM at 3:59-62 (emphasis added). VDM
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`Page 13 of 56
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`also teaches that “the integrated system 200 may optionally include an integral
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`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
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`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”
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`module that “receives content data . . . compris[ing] audio information” from
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`“content source[s]” including “playback device[s]” (e.g., 130 from FIG. 1),
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`“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
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`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
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`following detail of FIG. 4 from VDM shows this interaction:
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`Page 14 of 56
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`VDM, Detail of FIG. 4
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`27.
`
`In a first mode, VDM’s media device accesses media files and/or
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`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.”
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`VDM at 4:10-12. The hard drive 110 is integrated, i.e., co-housed, with the media
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`device, as shown in FIG. 2B:
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`Page 15 of 56
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`VDM, FIG. 2B
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`29. The collection manager 150 of the integrated collection management
`
`system 200 includes “a user interface that facilitates the retrieval of recordings for
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`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
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`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,
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`Page 16 of 56
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`FIG. 1. Notably, the claimed “media source remote from the media device” that is
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`controlled by the media device, is additional to and separate from the media source
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`that “is co-housed with or directly connected to the media device.” See VDM at
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`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
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`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
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`identification 301 may be, for example, the name of the recorded song, movie,
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`show, etc., and the locator 302 may be an identification of the particular disk array,
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`the disk number within that array 120, and the track within the disk identified by
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`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
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`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.
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`Page 17 of 56
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`VDM, FIG. 3.
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`
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`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
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`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
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`Page 18 of 56
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`the example touch screen 250 of FIG. 2.” VDM at 9:26-30 (emphasis added). “As
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`the carousel 710 is rotated, the title of the selection, the name of the performing
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`artist, and other information 715 is displayed, corresponding to each disc on the
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`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
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`Page 19 of 56
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`desired recording 715, the user touches the play 720 button to effect the retrieval
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`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
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`collection management system 200 (media device) should play a media file or
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`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
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`Page 20 of 56
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`amplifier and speaker system” or can be connected to “an amplifier, a television, a
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`set of speakers, and so on, for rendering the recorded information.” VDM at 3:59-
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`64 (emphasis added). Therefore, when the user presses the play button, the
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`selected content is rendered (i.e., played) on the media device by one of these
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`integrated or connected components. Accordingly, VDM discloses “outputting the
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`selected media file or media stream” as recited in the claim.
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`41.
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`Interconnection means 220 is a network interface that connects the
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`media device with one or more remote media sources, which may include, e.g.,
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`archive 110, disk store/play 120, playback device 130, and other content sources
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`310, over network 100. See VDM at 3:22-25, 2:59-64, 4:6-8, 3:52-55. VDM
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`teaches, e.g., that the media device can receive media files and streams and/or
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`metadata from content sources 310, including Internet sites and from other media
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`sources accessible “via a local network,” such as a storage device (e.g., 120 in FIG.
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`1) or playback device (e.g., 130 in FIG. 1). See VDM at 2:59-64, 3:22-55, 4:6-8,
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`5:9-19. A content source 310 may be, e.g., “a conventional playback device 130,
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`such as a CD and DVD player, a cassette tape player, record player, VCR player,
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`laser-disc player, and so on,” the Internet, or a storage device, such as disk
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`store/play 120 or store 110. VDM at 5:5-14, claim 1 and claim 6. “In the
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`integrated system 200 of FIG. 2, the content source is the integral CD/DVD device
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`130, or via an external connection 220.” VDM at 5:5-14.
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`42. The media device may create and store a catalog 300 of media
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`metadata (e.g., identification 301 and/or locator 302) associated with available
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`media files and streams. See VDM at 5:38-44, 4:26-42. As part of this process,
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`the media device may use interconnection means 220 to transmit a request for
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`media metadata (e.g., identification 321) from a remote media source (e.g., archive
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`110, disk/store 120, playback device 130, and/or content source 310). See VDM at
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`3:9-13 4:26-5:34, FIGS. 3, 4, and 5.
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`43.
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`In more detail, VDM’s media device includes a receiver 320 module
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`operable to request media content and metadata (collectively, material 311) from
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`one or more media sources (e.g., content source 310) over the network (e.g., via
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`the network connected at interconnection means 220), to provide the received
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`content to a rendering device for output (e.g., rendering device 380), and to provide
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`the received metadata to an information source 340 and cataloger 350 for
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`cataloging. See VDM at claim 1, 3:52-55, 5:9-65, 7:66-67, FIG. 4. The receiver
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`320, e.g., “receives material 311 from the content source 310, the content of the
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`material being dependent upon the capabilities of the content source 310.” VDM
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`at 5:5-17. If, e.g., “the content source is a CD or DVD, the material 311 includes
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`the unique identifier [an identification 321] that is associated with commercial CDs
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`and DVDs.” VDM at 5:24-26 (emphasis added). In such a case, the identification
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`Page 22 of 56
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`information 321, by virtue of uniquely identifying a particular disk, identifies every
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`associated track of every copy of that disk, and is therefore media metadata.
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`44. The receiver provides the identification information 321 (media
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`metadata) to the cataloger and, as explained above at, the cataloger may then store
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`“the identification 321 and information 341 regarding the content 322 of the
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`recording.” See VDM at 4:26-29, 5:24-50, FIGS. 3 and 4. The identifier 301
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`stored in the catalog 300 by the cataloger 350, e.g., “is derived from the
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`identification information 321, and may be a copy of the information 321 or a
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`translation of the information 321 into a form that is specific to the catalog 300.”
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`VDM at 7:30-38.
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`45. The following detail of FIG. 4 of VDM illustrates the receiver 320,
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`which runs on the media device, receiving material 311, which includes media
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`content and an identification, from a content source 310 and providing it to the
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`cataloger 350 for cataloging:
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`Page 23 of 56
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`VDM, Detail of FIG. 4
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`46. The receiver may also provide “the identification to the information
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`source 340 to facilitate the determination of other information 341 [e.g., key fields
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`305] related to the material 311.” VDM at 5:26-29. The identification, e.g., “can
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`be used to access an Internet site to obtain detailed information regarding each
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`commercial CD, such as the title, performer, etc. of each selection on the CD,” and
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`the obtained information 341 can then be provided to the cataloger 350 for
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`cataloging. See VDM at 5:29-33, FIGS. 3 and 4.
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`47.
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`In some cases, the “[t]he identifier 301 [in the catalog 300] is derived
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`from the identification information 321, and may be a copy of the information 321
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`or a translation of the information 321 into a form that is specific to the catalog
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`300.” VDM at 7:30 et seq. (emphasis added). “The identification 301 may be, for
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`example, the name of [a] recorded song, movie, show etc.” See 3:33 et seq.
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`48. The identification information 321 can, for example, be the name of a
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`song recorded on a disk, rather than being a disk identifier. See, e.g., VDM at
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`7:30, 3:33. When the identifier 301 is a copy of the information 321, and the
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`identifier 301 is the name of a song, the information 321 obtained from the content
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`source 310 must be the name of the song. The identifier 301 is not itself a key
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`field 305 and may not be a key field that is displayed to the user, but if the
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`identifier 301 is the name of a song, the same information is populated into the
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`“title” key field 305 (media metadata) and displayed to the user. See VDM at
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`4:38-42, FIGS. 3, 7A, 7B. In such a case, the identifier information 321, from
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`which identifier 301 is copied, is itself media metadata.
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`49. As described above, VDM discloses that the media device may use
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`interconnection means 220 to transmit a request for and then receive material 311,
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`which includes media metadata (identification 321), from a media source (content
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`source 310) over a network, See VDM at 3:9-13 4:26-5:41, FIGS. 3, 4, and 5.
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`Accordingly, VDM discloses “receiving at the media device, using the network
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`interface, media metadata from the remote media source” as recited in the claim.
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`50. VDM discloses that the media device may use interconnection means
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`220 to transmit a request for and then receive material 311, which includes media
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`metadata (identification 321), from a media source (content source 310) over a
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`network, See VDM at 3:9-13 4:26-5:41, FIGS. 3, 4, and 5. VDM teaches that the
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`received media metadata (e.g., identification 321) indicates at least one media file
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`or stream available from the media source from which it was received (e.g.,
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`archive 110, disk/store 120, pl