Civil Action No. 15-cv-00930-HSG
`
`Hon. Haywood S. Gilliam, Jr.
`
`
`
`
`
`Appendix C
`
`QURIO HOLDINGS, INC.,
`
`
`Plaintiff,
`
`
`
`
`
`v.
`
`DISH NETWORK LLC,
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Initial Infringement Contentions of Plaintiff Qurio
`
`
`DISH Network, L.L.C. (“DISH”) has infringed, and continues to infringe, the asserted claims of the ‘904 Patent under at least 35
`U.S.C. §271(a) and §271(b). DISH has infringed directly by making, using, selling, and/or offering to sell in the United States, and/or
`importing into the United States its DISH Anywhere Mobile App, for use with its media devices, in violation of 35 U.S.C. § 271(a).
`DISH also actively induces infringement of the claims by its customers and others, including by knowingly and intentionally
`providing written instructional documents directing its customers to configure and use the systems in a manner that directly infringes
`the asserted claims, in violation of 35 U.S.C. § 271(b).
`
`
`As DISH has not yet produced substantive technical documents in this matter relating to the DISH Anywhere Mobile App, these
`initial infringement contentions are limited to publicly available materials known to Qurio. And, based on the proprietary nature of
`certain of the DISH Anywhere Mobile App’s features, certain claim limitations may not have been reflected in such publicly available
`materials. Consequently, Qurio explicitly reserves the right to supplement these initial infringement contentions upon receipt of further
`information, including non-public information, about the DISH Anywhere Mobile App that was not discovered, despite diligent
`efforts, before the service of the Infringement Contentions.
`
`
`1 OF 95
`
`DISH, Exh. 1014, p. 1
`
`

`
`CLAIM
`LANGUAGE
`1. A mobile
`device for
`controlling
`digital content
`played by a
`plurality of
`media devices
`comprising:
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running a DISH Anywhere Mobile App is used for controlling digital content (e.g., recorded shows)
`played by a plurality of media devices (e.g., multiple DISH DVRs). See, e.g., DISH Anywhere App (Q016010-
`Q016014), DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH Anywhere App Updated
`with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), DISH Anywhere Screen Shots
`(Q016172-Q016219), Hopper Training Guide (Q016220-Q01626).
`
`The media device may be a DISH DVR configured with built-in wireless communication, or another DISH DVR with
`an associated wireless interface. The wireless interface may be the user’s home router used by the media device(s)
`to communicate. Exemplary DISH DVRs include, without limitation, the Hopper DVR, the ViP722 DVR, the
`ViP722k DVR, the 612c DVR, the 612 DVR, the 522/625 DVR, the 512 DVR, and the Hopper with Sling, which is a
`Wi-Fi enabled satellite receiver and DVR (as sometimes referred to by DISH as “the Sling-loaded 922”). For
`purposes of this analysis, each of the DISH DVRs so configured operates in substantially the same manner and
`therefore will be hereinafter generally referred to as DISH DVR(s). For purposes of this analysis, the Hopper will
`be used as an illustrative example of a media device (i.e., DISH DVR). As each of the DISH DVRs so configured is
`understood by Qurio to operate in substantially the same manner vis-a-vis infringement, Qurio submits that each
`DISH DVR need not be separately addressed.
`
`
`Mobile device
`
`
`
`[Q016012-13]
`
`2 OF 95
`
`DISH, Exh. 1014, p. 2
`
`

`
`CLAIM
`LANGUAGE
`
`
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Mobile Device
`
`Digital content
`
`Media device
`
`
`[Q016019]
`
`
`[Q016017]
`
`3 OF 95
`
`DISH, Exh. 1014, p. 3
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Mobile device
`
`4 OF 95
`
`
`
`[Q016018]
`
`Digital content
`
`
`[Q016018-19]
`
`
`
`
`
`CLAIM
`LANGUAGE
`
`DISH, Exh. 1014, p. 4
`
`

`
`CLAIM
`LANGUAGE
`
`
`U..S. 7,787,904
`
`DIISH ANYWHERE MOBILE APP
`
`Media device
`
`
`[Q016174]
`
`5 OF 95
`
`DISH, Exh. 1014, p. 5
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is configured to communicate with a DISH network, which
`may be configured with a plurality of media devices (e.g., multiple DISH DVRs).
`
`
`Plurality of Media
`Devices
`
`a) a wireless
`communication
`interface for
`communicating
`with the
`
`
`A mobile device running the DISH Anywhere Mobile App has a wireless communication interface for
`communicating with the plurality of media devices. For instance, each mobile phone or tablet computer running a
`DISH Anywhere Mobile App utilizes, for instance, a wireless radio and associated software and hardware as a
`communication interface for communicating with the plurality of media devices. See, e.g., DISH Anywhere on the
`App Store on iTunes (Q016007-Q016009), DISH Anywhere App (Q016010-Q016014), DISH Anywhere App
`Updated with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), Watch TV Everywhere -
`
`
`[Q016221]
`
`6 OF 95
`
`DISH, Exh. 1014, p. 6
`
`

`
`CLAIM
`LANGUAGE
`plurality of
`media devices;
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`DISH Anywhere (Q016020-Q016028), Hopper with Sling User Guide (Q016029-Q016171), Hopper Training Guide
`(Q016220-Q01626).
`
`Media Device
`
`Wireless
`communication
`
`
`
`
`
`[Q016023]
`
`7 OF 95
`
`DISH, Exh. 1014, p. 7
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`
`
`8 OF 95
`
`
`[Q016019]
`
`
`[Q016012-13]
`
`
`[Q016007]
`
`DISH, Exh. 1014, p. 8
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is configured to communicate with one or more DVRs in a
`DISH network, which are configured with wireless communication.
`
`Wireless communication
`
`
`
`
`[Q016136]
`
`9 OF 95
`
`DISH, Exh. 1014, p. 9
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Wireless communication
`
`[Q016231]
`
`10 OF 95
`
`DISH, Exh. 1014, p. 10
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`[Q016137]
`
`
`
`11 OF 95
`
`DISH, Exh. 1014, p. 11
`
`

`
`CLAIM
`LANGUAGE
`b) a media
`database; and
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App has a media database, where available digital contact
`data is stored on the mobile device. See, e.g., DISH Anywhere on the App Store on iTunes (Q016007-Q016009),
`DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH Anywhere App Updated with New
`Interface, Enhanced Personalization Capabilities (Q016018-Q016019), DISH Anywhere Screen Shots (Q016172-
`Q016219).
`
`
`
`[Q016007]
`
`
`[Q016018-19]
`
`12 OF 95
`
`DISH, Exh. 1014, p. 12
`
`

`
`CLAIM
`LANGUAGE
`
`…
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`
`
`[Q016016]
`
`13 OF 95
`
`DISH, Exh. 1014, p. 13
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Digital content
`
`
`[Q016178]
`
`14 OF 95
`
`DISH, Exh. 1014, p. 14
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`[Q0160008]
`
`
`15 OF 95
`
`DISH, Exh. 1014, p. 15
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App has a control system adapted to, for each of the plurality
`of media devices: i) communicate with the media device when the mobile device is within a wireless personal area
`network (WPAN) associated with the media device to obtain information describing content residing at the media
`device. Software incorporated in each DISH Anywhere Mobile App, with the associated mobile device, comprises
`the “control system.” See, e.g., DISH Anywhere on the App Store on iTunes (Q016007-Q016009), DISH Anywhere
`App (Q016010-Q016014), DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH Anywhere
`App Updated with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), Watch TV
`Everywhere - DISH Anywhere (Q016020-Q016028).
`
`
`[Q016018-19]
`
`
`[Q016019]
`
`
`[Q016007]
`
`
`
`
`
`16 OF 95
`
`
`
`
`
`CLAIM
`LANGUAGE
`c) a control
`system adapted
`to, for each of
`the plurality of
`media devices:
`
`i)
`communicate
`with the media
`device when
`the mobile
`device is
`within a
`wireless
`personal area
`network
`(WPAN)
`associated with
`the media
`device to
`obtain
`information
`describing
`content
`residing at the
`media device;
`
`DISH, Exh. 1014, p. 16
`
`

`
`CLAIM
`LANGUAGE
`and
`
`
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Media Device
`
`Wireless
`communication
`
`
`
`
`
`
`
`[Q016023]
`
`17 OF 95
`
`DISH, Exh. 1014, p. 17
`
`

`
`CLAIM
`LANGUAGE
`
`
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016019]
`
`
`[Q016012-13]
`
`
`[Q016007]
`
`18 OF 95
`
`DISH, Exh. 1014, p. 18
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`[Q0160008]
`
`19 OF 95
`
`DISH, Exh. 1014, p. 19
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016017]
`
`Software incorporated in each DISH Anywhere Mobile App, with the associated mobile device, comprises the
`control system adapted to, for each of the plurality of media devices, store the information describing the content
`residing at the media device in the media database. See, e.g., DISH Anywhere on the App Store on iTunes
`(Q016007-Q016009), DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH Anywhere App
`Updated with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019).
`
`
`ii) store the
`information
`describing the
`content
`residing at the
`media device
`in the media
`database;
`
`
`[Q016018-19]
`
`20 OF 95
`
`DISH, Exh. 1014, p. 20
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`[Q0160008]
`
`21 OF 95
`
`DISH, Exh. 1014, p. 21
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Digital content
`
`
`[Q016178]
`
`22 OF 95
`
`DISH, Exh. 1014, p. 22
`
`

`
`CLAIM
`LANGUAGE
`
`…
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`wherein
`desired content
`is selected
`from the
`content at the
`media device
`based on the
`information in
`the media
`database and
`played at the
`media device
`when the
`mobile device
`
`
`
`[Q016016]
`
`
`A mobile device running the DISH Anywhere Mobile App is specifically programmed such that content is selected
`from the content at the media device based on the information in the media database and played at the media device
`when the mobile device is within the WPAN associated with the media device. See, e.g., DISH Anywhere on the App
`Store on iTunes (Q016007-Q016009), DISH Anywhere App Updated with New Interface, Enhanced Personalization
`Capabilities (Q016018-Q016019), DISH Anywhere Screen Shots (Q016172-Q016219).
`
`
`
`[Q016019]
`
`
`[Q016007]
`
`23 OF 95
`
`DISH, Exh. 1014, p. 23
`
`

`
`CLAIM
`LANGUAGE
`is within the
`WPAN
`associated with
`the media
`device.
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Played at the
`Media Device
`
`
`[Q016183]
`
`24 OF 95
`
`DISH, Exh. 1014, p. 24
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`[Q0160008]
`
`
`25 OF 95
`
`DISH, Exh. 1014, p. 25
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Software incorporated in each DISH Anywhere Mobile App, with the associated mobile device, comprises the
`control system adapted to select the desired content to play at the media device from the media database and
`instruct the media device to play the desired content when the mobile device is within the WPAN associated with the
`media device. See, e.g., DISH Anywhere on the App Store on iTunes (Q016007-Q016009), DISH Anywhere App
`Updated with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), DISH Anywhere Screen
`Shots (Q016172-Q016219).
`
`
`
`
`[Q016019]
`
`
`[Q016007]
`
`CLAIM
`LANGUAGE
`2. The mobile
`device of claim
`1 wherein the
`control system
`is further
`adapted to
`select the
`desired content
`to play at the
`media device
`from the media
`database and
`instruct the
`media device
`to play the
`desired content
`when the
`mobile device
`is within the
`WPAN
`associated with
`the media
`device.
`
`26 OF 95
`
`DISH, Exh. 1014, p. 26
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Played at the
`Media Device
`
`
`[Q016183]
`
`27 OF 95
`
`DISH, Exh. 1014, p. 27
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`[Q0160008]
`
`28 OF 95
`
`DISH, Exh. 1014, p. 28
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Software incorporated in each DISH Anywhere Mobile App, with the associated mobile device, comprises the
`control system adapted to interact with a user such that the user selects the desired content to play at the media
`device from the media database. See, e.g., DISH Anywhere on the App Store on iTunes (Q016007-Q016009), DISH
`Anywhere App Updated with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), DISH
`Anywhere Screen Shots (Q016172-Q016219).
`
`
`
`Played at the
`Media Device
`
`CLAIM
`LANGUAGE
`3. The mobile
`device of claim
`2 wherein the
`control system
`is further
`adapted to
`interact with a
`user such that
`the user selects
`the desired
`content to play
`at the media
`device from
`the media
`database.
`
`
`
`[Q016183]
`
`29 OF 95
`
`DISH, Exh. 1014, p. 29
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`30 OF 95
`
`
`
`[Q0160008]
`
`DISH, Exh. 1014, p. 30
`
`

`
`CLAIM
`LANGUAGE
`
`
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`
`[Q016019]
`
`
`[Q016007]
`Software incorporated in each DISH Anywhere Mobile App, with the associated mobile device, comprises the
`control system adapted to automatically select the desired content based on predetermined user preferences (e.g., a
`watch list). See, e.g., DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH Anywhere Screen
`Shots (Q016172-Q016219).
`
`4. The mobile
`device of claim
`2 wherein the
`control system
`is further
`adapted to
`automatically
`select the
`desired content
`based on
`predetermined
`user
`preferences.
`
`
`[Q016017]
`
`31 OF 95
`
`DISH, Exh. 1014, p. 31
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016213]
`
`32 OF 95
`
`DISH, Exh. 1014, p. 32
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016190]
`
`33 OF 95
`
`DISH, Exh. 1014, p. 33
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016182]
`
`34 OF 95
`
`DISH, Exh. 1014, p. 34
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016219]
`
`35 OF 95
`
`DISH, Exh. 1014, p. 35
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016218]
`
`36 OF 95
`
`DISH, Exh. 1014, p. 36
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is configured to such that the user preferences comprise a
`predetermined play list for each of the plurality of media devices. See, e.g., DISH Anywhere - Android Apps on
`Google Play (Q016015-Q016017), DISH Anywhere Screen Shots (Q016172-Q016219).
`
`CLAIM
`LANGUAGE
`7. The mobile
`device of claim
`4 wherein the
`user
`preferences
`comprise a
`predetermined
`play list for
`each of the
`plurality of
`media devices.
`
`
`[Q016017]
`
`37 OF 95
`
`DISH, Exh. 1014, p. 37
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016213]
`
`38 OF 95
`
`DISH, Exh. 1014, p. 38
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016190]
`
`39 OF 95
`
`DISH, Exh. 1014, p. 39
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016182]
`
`40 OF 95
`
`DISH, Exh. 1014, p. 40
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016219]
`
`41 OF 95
`
`DISH, Exh. 1014, p. 41
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`42 OF 95
`
`
`[Q016218]
`
`DISH, Exh. 1014, p. 42
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`The evidence is likely to show that a mobile device running the DISH Anywhere Mobile App may be simultaneously
`within the WPAN associated with a first one of the plurality of media devices and the WPAN associated with a
`second one of the plurality of media devices. See, e.g., DISH Anywhere Screen Shots (Q016172-Q016219), Hopper
`Training Guide (Q016220-Q01626).
`
`
`CLAIM
`LANGUAGE
`10. The mobile
`device of claim
`2 wherein if
`the mobile
`device is
`simultaneously
`within the
`WPAN
`associated with
`a first one of
`the plurality of
`media devices
`and the WPAN
`associated with
`a second one
`of the plurality
`of media
`devices, the
`control system
`is further
`adapted to:
`
`
`
`43 OF 95
`
`
`
`[Q016192]
`
`DISH, Exh. 1014, p. 43
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is configured to communicate with a DISH network, which
`may be configured with a plurality of media devices (e.g., multiple DISH DVRs).
`
`
`Plurality of Media
`Devices
`
`
`[Q016221]
`
`
`A mobile device running the DISH Anywhere Mobile App is adapted to select one of the first and second ones of the
`plurality of media devices as a select media device. See, e.g., DISH Anywhere Screen Shots (Q016172-Q016219).
`
`
`
`select one of
`the first and
`second ones of
`the plurality of
`media devices
`
`44 OF 95
`
`DISH, Exh. 1014, p. 44
`
`

`
`CLAIM
`LANGUAGE
`as a select
`media device;
`and
`
`
`
`
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Select Media
`Device
`
`
`[Q016192]
`
`45 OF 95
`
`DISH, Exh. 1014, p. 45
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is adapted to select desired content to play for only the
`select media device from the media database and instruct only the select media device to play the desired content.
`See, e.g., DISH Anywhere Screen Shots (Q016172-Q016219).
`
`
`Digital content
`
`CLAIM
`LANGUAGE
`select desired
`content to play
`for only the
`select media
`device from
`the media
`database and
`instruct only
`the select
`media device
`to play the
`desired
`content.
`
`Select Media
`Device
`
`46 OF 95
`
`
`[Q016178]
`
`DISH, Exh. 1014, p. 46
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is designed to be included within a system further
`comprising the plurality of media devices. For example, a mobile device running the DISH Anywhere Mobile App is
`configured to communicate with one or more DVRs, such as the DISH DVRs, which is configured with wireless
`communication. See, e.g., DISH Anywhere App Updated with New Interface, Enhanced Personalization Capabilities
`(Q016018-Q016019), Hopper Training Guide (Q016220-Q01626).
`
`
`
`CLAIM
`LANGUAGE
`12. The mobile
`device of claim
`2 wherein the
`mobile device
`is included
`within a
`system further
`comprising the
`plurality of
`media devices,
`wherein each
`of the plurality
`of media
`devices
`comprises:
`
`Mobile device
`
`
`
`[Q016018]
`
`Digital content
`
`
`[Q016018-19]
`
`47 OF 95
`
`
`
`
`
`DISH, Exh. 1014, p. 47
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Specifically, a mobile device running the DISH Anywhere Mobile App is configured to communicate with multiple
`DISH DVRs. For purposes of this analysis, the Hopper will be used as an illustrative example of a media device
`(i.e., DISH DVR). As each of the DISH DVRs so configured is understood by Qurio to operate in substantially the
`same manner vis-a-vis infringement, Qurio submits that each DISH DVR need not be separately addressed.
`
`
`a) a wireless
`communication
`interface for
`communicating
`with the
`mobile device
`
`
`[Q016221]
`A mobile device running the DISH Anywhere Mobile App is designed to be included within a system further
`comprising the plurality of media devices, wherein each of the plurality of media devices comprises a wireless
`communication interface for communicating with the mobile device when the mobile device is within the WPAN
`associated with the media device. See, e.g., Hopper with Sling User Guide (Q016029-Q016171), Hopper Training
`Guide (Q016220-Q01626).
`
`For example, a mobile device running the DISH Anywhere Mobile App is configured to communicate with the DISH
`
`48 OF 95
`
`DISH, Exh. 1014, p. 48
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`DVRs/DISH network. For purposes of this analysis, the Hopper will be used as an illustrative example of a media
`device (i.e., DISH DVR). As each of the DISH DVRs so configured is understood by Qurio to operate in
`substantially the same manner vis-a-vis infringement, Qurio submits that each DISH DVR need not be separately
`addressed.
`
`
`CLAIM
`LANGUAGE
`when the
`mobile device
`is within the
`WPAN
`associated with
`the media
`device;
`
`
`
`
`[Q016136]
`
`49 OF 95
`
`DISH, Exh. 1014, p. 49
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Wireless communication
`
`50 OF 95
`
`[Q016231]
`
`DISH, Exh. 1014, p. 50
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is designed to be included within a system further
`comprising the plurality of media devices, wherein each of the plurality of media devices comprises a content
`database storing the content. See, e.g., Hopper with Sling User Guide (Q016029-Q016171), Hopper Training Guide
`(Q016220-Q01626).
`
`For purposes of this analysis, the Hopper will be used as an illustrative example of a media device (i.e., DISH
`DVR). As each of the DISH DVRs so configured is understood by Qurio to operate in substantially the same manner
`vis-a-vis infringement, Qurio submits that each DISH DVR need not be separately addressed.
`
`
`
`CLAIM
`LANGUAGE
`
`b) a content
`database
`storing the
`content; and
`
`Content
`
`51 OF 95
`
`Content database
`storing the content
`
`
`
`[Q016221]
`
`DISH, Exh. 1014, p. 51
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Content database
`storing the content
`
`Content
`
`Content database
`storing the content
`
`
`
`[Q016102]
`
`c) a media
`server adapted
`to: i) provide
`
`[Q016120]
`A mobile device running the DISH Anywhere Mobile App is designed to be included within a system further
`comprising the plurality of media devices, wherein each of the plurality of media devices comprises a media server
`adapted to provide the information describing the content in the content database to the mobile device when the
`mobile device is within the WPAN associated with the media device. See, e.g., DISH Anywhere App Updated with
`
`Content
`
`
`
`52 OF 95
`
`DISH, Exh. 1014, p. 52
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), Hopper with Sling User Guide
`(Q016029-Q016171).
`
`
`Information Describing Content
`
`
`[Q016018-19]
`
`Specifically, a mobile device running the DISH Anywhere Mobile App is configured to communicate with multiple
`DISH DVRs.
`
`CLAIM
`LANGUAGE
`the information
`describing the
`content in the
`content
`database to the
`mobile device
`when the
`mobile device
`is within the
`WPAN
`associated with
`the media
`device; and
`
`
`
`
`
`[Q016136]
`
`53 OF 95
`
`DISH, Exh. 1014, p. 53
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`[Q016137]
`
`54 OF 95
`
`DISH, Exh. 1014, p. 54
`
`

`
`CLAIM
`LANGUAGE
`ii) instruct a
`media player to
`play the
`desired content
`in response to
`receiving an
`instruction to
`play the
`desired content
`from the
`mobile device.
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is designed to be included within a system further
`comprising the plurality of media devices, wherein each of the plurality of media devices comprises a media server
`adapted to instruct a media player to play the desired content in response to receiving an instruction to play the
`desired content from the mobile device. See, e.g., DISH Anywhere Screen Shots (Q016172-Q016219).
`
`
`Played at the
`Media Device
`
`55 OF 95
`
`
`
`[Q016183]
`
`DISH, Exh. 1014, p. 55
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App has a control system adapted to: store last-played time-
`stamps for the content residing at each of the plurality of media devices in the media database. See, e.g., DISH
`Anywhere Screen Shots (Q016172-Q016219).
`
`
`Last-played time-stamps
`for the content
`
`CLAIM
`LANGUAGE
`13. The mobile
`device of claim
`1 wherein the
`control system
`is further
`adapted to:
`store last-
`played time-
`stamps for the
`content
`residing at
`each of the
`plurality of
`media devices
`in the media
`database; and
`
`
`
`56 OF 95
`
`
`
`[Q016173
`
`DISH, Exh. 1014, p. 56
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App has a control system adapted to: provide the information
`and the last-played time-stamps for the content residing at each of the plurality of media devices to the media device
`when the mobile device is within the WPAN associated with the media device. See, e.g., DISH Anywhere Screen
`Shots (Q016172-Q016219).
`
`
`Last-played time-stamps
`for the content
`
`CLAIM
`LANGUAGE
`provide the
`information
`and the last-
`played time-
`stamps for the
`content
`residing at
`each of the
`plurality of
`media devices
`to the media
`device when
`the mobile
`device is
`within the
`WPAN
`associated with
`the media
`device;
`
`
`
`[Q016173
`
`57 OF 95
`
`DISH, Exh. 1014, p. 57
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is specifically programmed such that the desired content is
`selected based on the information and the last-played time-stamps for the content residing at each of the plurality of
`media devices. See, e.g., DISH Anywhere Screen Shots (Q016172-Q016219).
`
`
`Last-played time-stamps
`for the content
`
`CLAIM
`LANGUAGE
`wherein the
`media device
`selects the
`desired content
`based on the
`information
`and the last-
`played time-
`stamps for the
`content
`residing at
`each of the
`plurality of
`media devices.
`
`
`
`58 OF 95
`
`
`
`[Q016173
`
`DISH, Exh. 1014, p. 58
`
`

`
`CLAIM
`LANGUAGE
`14. The mobile
`device of claim
`1 wherein the
`control system
`is further
`adapted to
`communicate
`with the media
`device to
`perform a
`validation
`process after
`entering the
`WPAN
`associated with
`the media
`device for a
`first time,
`wherein the
`validation
`process
`comprises
`obtaining a
`passkey from a
`user associated
`with the
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App has a control system adapted to communicate with the
`media device to perform a validation process after entering the WPAN associated with the media device for a first
`time, wherein the validation process comprises obtaining a passkey from a user associated with the mobile device
`and providing the passkey to the media device. See, e.g., DISH Anywhere App (Q016010-Q016014), DISH
`Anywhere Screen Shots (Q016172-Q016219).
`
`
`Validation Process
`
`
`[Q016012-13]
`
`59 OF 95
`
`DISH, Exh. 1014, p. 59
`
`

`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`CLAIM
`LANGUAGE
`mobile device
`and providing
`the passkey to
`the media
`device.
`
`Validation Process
`
`
`[Q016216]
`
`60 OF 95
`
`
`
`DISH, Exh. 1014, p. 60
`
`

`
`CLAIM
`LANGUAGE
`
`
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016196]
`
`61 OF 95
`
`DISH, Exh. 1014, p. 61
`
`

`
`CLAIM
`LANGUAGE
`15. The mobile
`device of claim
`1 wherein the
`control system
`is further
`adapted to
`update the
`information
`describing the
`content from
`the media
`device after
`leaving the
`WPAN
`associated with
`the media
`device and
`returning to the
`WPAN
`associated with
`the media
`device.
`16. A method
`for controlling
`digital content
`played by a
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`The evidence is likely to show that the control system is further adapted to update the information describing the
`content from the media device after leaving the WPAN associated with the media device and returning to the WPAN
`associated with the media device. See, e.g., DISH Anywhere on the App Store on iTunes (Q016007-Q016009), DISH
`Anywhere App (Q016010-Q016014), DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH
`Anywhere App Updated with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), Watch TV
`Everywhere - DISH Anywhere (Q016020-Q016028), Hopper with Sling User Guide (Q016029-Q016171), DISH
`Anywhere Screen Shots (Q016172-Q016219), Hopper Training Guide (Q016220-Q01626).
`
`As DISH has not yet produced substantive technical documents in this matter relating to the DISH Anywhere Mobile
`App, these initial infringement contentions are limited to publicly available materials known to Qurio. And, based
`on the proprietary nature of certain of the DISH Anywhere Mobile App’s features, certain claim limitations may not
`have been reflected in such publicly available materials. Consequently, Qurio explicitly reserves the right to
`supplement these initial infringement contentions upon receipt of further information, including non-public
`information, about the DISH Anywhere Mobile App that was not discovered, despite diligent efforts, before the
`service of the Infringement Contentions.
`
`A mobile device running the DISH Anywhere Mobile App performs a method for controlling, for each of a plurality
`of media devices, digital content played by the plurality of media devices. See, e.g., DISH Anywhere App (Q016010-
`Q016014), DISH Anywhere - Android Apps on Google Play (Q016015-Q016017), DISH Anywhere App Updated
`with New Interface, Enhanced Personalization Capabilities (Q016018-Q016019), DISH Anywhere Screen Shots
`(Q016172-Q016219), Hopper Training Guide (Q016220-Q01626).
`
`62 OF 95
`
`DISH, Exh. 1014, p. 62
`
`

`
`CLAIM
`LANGUAGE
`plurality of
`media devices
`comprising, for
`each of the
`plurality of
`media devices:
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`The media device may be a DISH DVR configured with built-in wireless communication, or another DISH DVR with
`an associated wireless interface. The wireless interface may be the user’s home router used by the media device(s)
`to communicate. Exemplary DISH DVRs include, without limitation, the Hopper DVR, the ViP722 DVR, the
`ViP722k DVR, the 612c DVR, the 612 DVR, the 522/625 DVR, the 512 DVR, and the Hopper with Sling, which is a
`Wi-Fi enabled satellite receiver and DVR (as sometimes referred to by DISH as “the Sling-loaded 922”). For
`purposes of this analysis, each of the DISH DVRs so configured operates in substantially the same manner and
`therefore will be hereinafter generally referred to as DISH DVR(s). For purposes of this analysis, the Hopper will
`be used as an illustrative example of a media device (i.e., DISH DVR). As each of the DISH DVRs so configured is
`understood by Qurio to operate in substantially the same manner vis-a-vis infringement, Qurio submits that each
`DISH DVR need not be separately addressed.
`
`
`Mobile device
`
`Mobile Device
`
`Digital content
`
`63 OF 95
`
`
`
`[Q016012-13]
`
`
`[Q016019]
`
`DISH, Exh. 1014, p. 63
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Media device
`
`
`[Q016017]
`
`
`
`[Q016018]
`
`Mobile device
`
`
`
`64 OF 95
`
`DISH, Exh. 1014, p. 64
`
`

`
`Digital content
`
`
`[Q016018-19]
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`CLAIM
`LANGUAGE
`
`65 OF 95
`
`DISH, Exh. 1014, p. 65
`
`

`
`CLAIM
`LANGUAGE
`
`
`U..S. 7,787,904
`
`DIISH ANYWHERE MOBILE APP
`
`Media device
`
`
`[Q016174]
`
`66 OF 95
`
`DISH, Exh. 1014, p. 66
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`A mobile device running the DISH Anywhere Mobile App is configured to communicate with a DISH network, which
`may be configured with a plurality of media devices (e.g., multiple DISH DVRs).
`
`
`Plurality of Media
`Devices
`
`obtaining
`information
`describing
`content
`residing at the
`
`A mobile device running the DISH Anywhere Mobile App obtains information describing content residing at the
`media device when the mobile device is within a wireless personal area network (WPAN) associated with the media
`device. See, e.g., DISH Anywhere on the App Store on iTunes (Q016007-Q016009), DISH Anywhere App (Q016010-
`Q016014), DISH Anywhere App Updated with New Interface, Enhanced Personalization Capabilities (Q016018-
`Q016019), Watch TV Everywhere - DISH Anywhere (Q016020-Q016028), Hopper with Sling User Guide
`(Q016029-Q016171).
`
`
`[Q016221]
`
`67 OF 95
`
`DISH, Exh. 1014, p. 67
`
`

`
`
`
`CLAIM
`LANGUAGE
`media device
`when a mobile
`device is
`within a
`wireless
`personal area
`network
`(WPAN)
`associated with
`the media
`device;
`
`…
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`[Q016007]
`
`
`[Q016018-19]
`
`
`
`
`
`[Q016016]
`
`68 OF 95
`
`DISH, Exh. 1014, p. 68
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`Digital content
`
`
`[Q016178]
`
`69 OF 95
`
`DISH, Exh. 1014, p. 69
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`[Q0160008]
`
`70 OF 95
`
`DISH, Exh. 1014, p. 70
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`71 OF 95
`
`
`
`[Q016023]
`
`DISH, Exh. 1014, p. 71
`
`

`
`CLAIM
`LANGUAGE
`
`U.S. 7,787,904
`DISH ANYWHERE MOBILE APP
`
`
`
`
`
`72 OF 95
`
`
`[Q016019]
`
`
`[Q016012-13]
`
`
`[Q016007]
`
`DISH, Exh. 1014, p. 72
`
`

`
`CLAIM
`LANGUAGE
`
`U