throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Steven Krampf, et al.
`In re Patent of:
`8,090,309 Attorney Docket No.: 39521-0016IP2
`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
`
`Personal Work Experience and Awards
`1. My name is Melvin Ray Mercer, Professor Emeritus of Electrical and
`
`
`
`I.
`
`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 Appendix A.
`
`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.
`
`1
`
`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.
`
`2
`
`

`
`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
`
`3
`
`

`
`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
`
`4
`
`

`
`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.
`
`5
`
`

`
`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
`
`6
`
`

`
`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”)
`
` US Publication No. 2005/0132405 (“AbiEzzi”)
`
` US Patent No. 6,563,769 (“VDM”)
`
` US Patent No. 8,156,528 (“Baumgartner”)
`
` US Patent No. 6,728,729 (“Jawa”)
`
` US Publication No. 2003/0236906 (“Klemets”)
`
` US Publication No. 2002/0129693 (“Wilks”)
`
` US Patent No. 8,577,205 (“Barton”)
`
` US Patent No. 7,542,814 (“Barr”)
`
` US Publication No. 2002/0093593 (“Perkes”)
`
`7
`
`

`
` US Patent No. 5,666,422 (“Harrison”)
`
` US Patent No. 6,897,905 (“Kaminosono”)
`
` US Publication No. 2002/0080166 (“Sweatt”)
`
`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
`
`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 possible filing date of October 27, 2004 (the
`
`“Critical Date”). Additionally, I have reviewed the other references cited above in
`
`8
`
`

`
`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
`
`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 work experience. Individuals with 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
`
`9
`
`

`
`few instances, I have discussed my understanding of the claims in the relevant
`
`paragraphs below.
`
`V. Threshold Issues
`A. A POSITA would have combined VDM and Jawa
`21. As described in greater detail below, VDM teaches that the media
`
`device obtains media metadata from the content source over the network. Jawa
`
`teaches a media device requesting and receiving metadata for media content from a
`
`server over a network.
`
`22.
`
`Jawa teaches that a client (e.g., the media device) “issues a . . . request
`
`to obtain metadata about available songs” to a particular server (a content source)
`
`over a network “such as a LAN, WAN or the Internet.” Jawa, 7:26-27, 4:3-6. The
`
`server includes a “music database” storing “song records . . . contain[ing] metadata
`
`about each media item available in the database.” Id. at 4:50-51. Upon receiving a
`
`request from the client, the server “issues a reply” containing “song records”
`
`including metadata about the available songs. Id. at 7:46-57. The song records in
`
`the reply “may either be a partial or complete representation of the server-side song
`
`records 215, having metadata that might, for example, include the names of songs,
`
`an identification number, a persistent identification number, the artist, the album,
`
`the size of the song, the format of the song, the required bit rate, and any other
`
`appropriate information.” Id. at 7:51-57.
`
`10
`
`

`
`23. A POSITA would have modified the media client of VDM to obtain
`
`media metadata from a content source by transmitting a request for the media
`
`metadata, as taught by Jawa, because such a modification amounts to simply
`
`combining prior art elements according to known methods to yield predictable
`
`results. The skilled artisan would have been motivated to make such a modification
`
`to conform the interactions of the media device and content source to the typical
`
`client-server model used in modern networks. See, e.g., Jawa, 4:18-25; Wilks,
`
`Abstract, ¶¶ 0042, 0045 (describing a media device using the HTTP protocol to
`
`request media metadata from a server). Such a client-server model would be
`
`appropriate for many of the network capable content sources described in VDM,
`
`e.g., networked CD/DVD device, storage device (e.g., a hard disk drive 110), and
`
`an internet site. VDM, 5:9-14, 3:52-55, claim 6 (“the content source is the integral
`
`CD/DVD device 130, or via an external connection 220,” where connection 220 is
`
`a type of connection used “for accessing [] items, or appliances, on a network,” and
`
`“wherein the content source is at least one of: a playback device, a storage device,
`
`and an Internet site.”) The artisan would have been further motivated to improve
`
`the network efficiency of the VDM system. If the media device does not send such
`
`a request, the content source has no information regarding what metadata is needed
`
`by the media device. The content source may thus provide metadata the media
`
`device does not need, which consumes network resources and reduces network
`
`11
`
`

`
`efficiency. Moreover, the content source of VDM must be prompted in some
`
`manner to send the metadata. The skilled artisan would seek the operational
`
`efficiency of having the receiving media device, a device that is already configured
`
`to communicate with the content source and already on the network, prompt the
`
`content source by requesting the data, rather than resorting to having an outside
`
`input, e.g., by the user or some other device, or some other prompt initiate sending
`
`the metadata. Such a configuration avoids the complexity of having additional
`
`outside input or other prompt.
`
`24. The results of such a combination would have been predictable to a
`
`POSITA as of the Critical Date, because media devices requesting metadata from
`
`servers over a network was known in the art as of the effective filing date of the
`
`’309 patent. See, e.g., Jawa, 4:10-17, 7:26-57; Wilks, Abstract, ¶¶ 0042, 0045.
`
`B. A POSITA would have combined AbiEzzi and Baumgartner
`25.
`In my opinion, it would have been obvious to a POSITA to combine
`
`the set-top boxes of AbiEzzi and Baumgartner to produce a set-top box that is i)
`
`operable in a first mode allowing a user to select locally-stored video content for
`
`playback on a connected display device (as described in Baumgartner); and ii)
`
`operable in a second mode to allow the user to select video content stored on a
`
`remote DVD jukebox for playback on the connected display device (as described
`
`in AbiEzzi). Baumgartner, 1:24-27, 6:1-3, 22:50-60; AbiEzzi, Abstract, ¶ 0024.
`
`12
`
`

`
`26. A POSITA would have modified the device of AbiEzzi operable to
`
`access a DVD jukebox over a network to include the PVR functionality of
`
`Baumgartner because such a modification amounts to simply combining prior art
`
`elements according to known methods to yield predictable results. The skilled
`
`artisan would have been motivated to make such a modification in order to
`
`eliminate the need to have two separate devices to perform the functions of
`
`AbiEzzi and Baumgartner, thereby reducing the amount of equipment a user needs
`
`to configure and maintain, reducing the space the equipment consumes in the
`
`user’s television cabinet, facilitating using the devices with a common remote
`
`control, and enabling one set of connections to the television. The artisan would
`
`have been motivated to consolidate the similar video playback functionality of
`
`AbiEzzi and Baumgartner in a single device to allow the user to navigate a single
`
`interface to access both local recorded programs and remote DVDs from the
`
`jukebox, thereby producing a more unified and user-friendly viewing experience.
`
`27. The results of such a combination would have been predictable,
`
`because media devices allowing for playback of media from both local and remote
`
`sources were known in the art as of the effective filing date of the ’309 patent. See,
`
`e.g., Barton, Abstract (describing a “digital video recorder (DVR) system” with an
`
`“integrated DVD player/recorder”); Klemets, Abstract (describing a device
`
`13
`
`

`
`operable to “stream[] media content” and “allow[] streaming content to be
`
`recorded for playback at a later time[.]”).
`
`C. Querying a remote resource involves transmitting a request
`28. AbiEzzi teaches that the media server maintains a “title directory for
`
`the titles stored on the jukebox,” which is media metadata. AbiEzzi, ¶ 0022, claim
`
`1. The media device “retrieves the title directory compiled by the media server
`
`and displays the directory as a sequence of interactive user interface menus for
`
`navigation and selection by the user.” Id. at ¶ 0026. AbiEzzi teaches that the
`
`media device retrieves the title directory by “querying the media server connected
`
`to the jukebox for information on titles stored in the jukebox,” and that the media
`
`server “receiv[es] a request . . . from [the] media client on the home network” as
`
`part of this process. AbiEzzi, claims 1 and 11. The media client querying the
`
`media server for information on the stored titles over the network involves the
`
`media device transmitting a request over a network for media metadata to the
`
`media source, because the term “querying” implies a request from one component
`
`and a response from another.
`
`D.
`
`Playing the audio portion of a video program on a separate
`component within a home theater was known in the art as of the
`Critical Date
`29. AbiEzzi teaches that the content retrieved from the media server for
`
`viewing includes “high quality video images and multi-channel audio provided by
`
`digital storage media such as Digital Video Discs (DVD’s).” AbiEzzi, ¶ 0002.
`
`14
`
`

`
`AbiEzzi teaches that an “audio playback system[]” separate from the display
`
`device can be used to render the audio portion of the content while the video
`
`portion is rendered on the display device. See AbiEzzi, ¶ 0018. In such a case, the
`
`media device outputs the audio portion of the media stream to the “audio playback
`
`system,” which is “a media output device separate from the media device” and also
`
`is a different device than the media device display (the connected television). See
`
`AbiEzzi, ¶ 0018. Such configurations were well-known as of the Critical Date in
`
`“home theater” type applications, where dedicated audio components were often
`
`used to render audio portions of video programs. AbiEzzi, ¶ 0002; see, e.g.,
`
`Harrison, 2:13-17 (“many consumers have abandoned the sound system in their
`
`TV sets completely, using an external amplifier and speakers (in most cases an
`
`existing stereo setup) driven by the stereo output from the TV (if present), or from
`
`a VCR to drive two front speakers”); Barr, 4:12-15 (“the television 12 may be
`
`interfaced with a home stereo system . . . so that the speakers of this home stereo
`
`system are utilized to deliver the audio portion of the audio-visual program from
`
`the television 12”); Perkes, ¶ 0024.
`
`VI. AbiEzzi and Baumgartner
`A. Claim 1
`30. The combination of AbiEzzi and Baumgartner teaches a method of
`
`using a media device operable in first and second modes.
`
`15
`
`

`
`31. AbiEzzi describes a “media client,” which is a set-top box (media
`
`device) that allows a user to “navigate . . . titles” loaded in a DVD jukebox
`
`accessible by the media client over a “home network.” AbiEzzi, Abstract, ¶0022.
`
`The media client provides a user interface through which “the user can select a title
`
`from the DVD jukebox for viewing on” a display device connected to the media
`
`client. AbiEzzi, Abstract, ¶ 0024. AbiEzzi teaches that a “media server controls
`
`the jukebox and functions as its proxy to allow discovery and control of the
`
`jukebox by other devices on the home network,” such as the media client. Id.
`
`32. Baumgartner teaches a recording device (media device) that includes
`
`a “personal video recorder (PVR)” that can “record programs on hard-disk drives”
`
`and “play back the recorded programs at a later time.” Baumgartner, 1:24-27, 6:1-
`
`3. Baumgartner teaches that the recording device includes a graphical user
`
`interface that displays “a list of recorded programs 2704 that the user may select.”
`
`Id. at 22:50-51, FIG. 27. “The user may view a previously recorded program by
`
`selecting the program from” the list of recorded programs. Id. at 22:59-60. As
`
`discussed in greater detail below, it would have been obvious to a POSITA to
`
`combine the devices of AbiEzzi and Baumgartner to produce a device that is
`
`operable in a first mode allowing a user to select locally-stored video content for
`
`playback on a connected display device (as described in Baumgartner); and
`
`operable in a second mode to allow the user to select video content stored on a
`
`16
`
`

`
`remote DVD jukebox for playback on the connected display device (as described
`
`in AbiEzzi). Baumgartner, 1:24-27, 6:1-3, 22:50-60; AbiEzzi, Abstract, ¶ 0024.
`
`33. A POSITA would have modified the media client of AbiEzzi based on
`
`the teachings of Baumgartner for the reasons discussed above at Section V.B.
`
`34. As described above, Baumgartner teaches a media device that that can
`
`“record programs on hard-disk drives” and “play back the recorded programs at a
`
`later time.” Baumgartner, 1:24-27, 6:1-3. Baumgartner describes that the media
`
`device includes “any suitable hardware, software, or both including, for example . .
`
`. memory 806 (e. g., random access memory a (RAM) or any other suitable solid
`
`state volatile or non-volatile memory devices), . . . storage devices 814 (e.g., hard-
`
`drives or any other suitable magnetic storage devices, optical storage devices, or
`
`any other suitable storage devices), . . . or any other suitable hardware or software.
`
`PVR device 802 may provide, among other things, functionality related to the
`
`recording, storage, scheduling, retrieval, and playback of television programming.”
`
`Id. at 13:19-38.
`
`35. Baumgartner teaches that the media device can “record programs on
`
`hard-disk drives” and “play back the recorded programs at a later time.”
`
`Baumgartner, 1:24-27, 6:1-3. The media device presents a graphical user interface
`
`that displays “a list of recorded programs 2704 that the user may select.” Id. at
`
`22:50-51, FIG. 27. “The user may view a previously recorded program by
`
`17
`
`

`
`selecting the program from” the list of recorded programs. Id. at 22:59-60. The
`
`media device responds to a user “request to present a recording” by generat[ing] a
`
`presentation of the recording in display screen 2802.” Id. at 23:32-34. When
`
`recorded content is selected for viewing, the content is streamed from the hard-disk
`
`for output by the media device on the display screen. See id. at 1:24-37, 22:50-60,
`
`23:32-34.
`
`36. As previously discussed, AbiEzzi teaches a media device that allows a
`
`user to “navigate . . . titles” loaded in a DVD jukebox accessible by the media
`
`client over a “home network.” AbiEzzi, Abstract. The media client provides a
`
`user interface through which “the user can select a title from the DVD jukebox for
`
`viewing on” a display device connected to the media client. AbiEzzi, Abstract, ¶
`
`0024. AbiEzzi teaches that a “media server 100 functions as a proxy for the
`
`jukebox 80 to allow the jukebox to be discovered and controlled by other devices
`
`connected to the home network 70, such as the media clients 86, 88 [media
`
`devices] of the televisions 82, 84.” Id. at ¶ 0022. FIG. 2 from AbiEzzi shows this
`
`configuration:
`
`
`
`18
`
`

`
`Network
`
`Media
`device
`Media source
`remote from
`the media
`device
`
`AbiEzzi, Detail of FIG. 2 (annotated)
`
`
`
`37. Baumgartner teaches that the media device includes a graphical user
`
`interface that displays “a list of recorded programs 2704 that the user may select.”
`
`Id. at 22:50-51, FIG. 27. “The user may view a previously recorded program by
`
`selecting the program from” the list of recorded programs. Id. at 22:59-60. As
`
`shown in FIG. 27 of Baumgartner, the list of recorded programs includes a
`
`program title 2704 and a program rating 2106 for each program in the list:
`
`19
`
`

`
`Program title
`(media
`metadata)
`
`Program
`rating (media
`metadata)
`
`
`
`Baumgartner, Detail of FIG. 27 (annotated)
`
`38. The ’309 Patent provides “title” and “stream characteristic” as
`
`examples of metadata. See ’309 Patent, claim 5. In my opinion, the program title
`
`(a “title”) and program rating (a “stream characteristic,” specifically the rating of
`
`the stream) of Baumgartner are thus “media metadata.”
`
`39.
`
`In my opinion, the graphical user interface of Baumgartner is a
`
`“display.” The term “display” should not be limited to apply only to hardware
`
`components. The ’309 specification and claims, in fact, use the term “display” to
`
`also refer to a display of information, e.g., a graphical user interface. See, e.g.,
`
`’309 Patent, 2:16-17, 17:50-53, 18:64-19:1, claim 9 (“a display unit,” versus “a
`
`display of the media device,” “a media device display”).
`
`40. When a user “select[s] a previously recorded program” through the
`
`graphical user interface of the media device, the media device plays the content
`
`20
`
`

`
`associated with the selected program on a connected television. See id. at 22:50-
`
`60, 23:40-41.
`
`41. As previously discussed, Baumgartner teaches that the media device
`
`“record[s] programs on hard-disk drives” and “play[s] back the recorded programs
`
`at a later time.” Baumgartner, 1:24-27, 6:1-3. When a user “select[s] a previously
`
`recorded program” through the graphical user interface of the media device, “video
`
`content of [the] recorded program may be . . . displayed in [a] display screen” such
`
`as the connected television. See id. at 22:50-60, 23:40-41.
`
`42. As previously discussed, AbiEzzi teaches that the “media server 100
`
`functions as a proxy for the jukebox 80 to allow the jukebox to be discovered and
`
`controlled by other devices connected to the home network 70, such as the media
`
`clients 86, 88 of the televisions 82, 84.” Id. at ¶ 0022. AbiEzzi teaches that “the
`
`home network is built on an IP-based Ethernet network” and includes a “wireless
`
`access point” for servicing “wireless devices connected thereto” (e.g., media client
`
`88). FIG. 2 from AbiEzzi shows this configuration:
`
`21
`
`

`
`Network
`
`Media
`device
`Media source
`remote from
`the media
`device
`
`AbiEzzi, Detail of FIG. 2 (annotated)
`
`
`
`43. AbiEzzi teaches that the media server maintains a “title directory for
`
`the titles stored on the jukebox,” which is media metadata. AbiEzzi, ¶ 0022, claim
`
`1. The media device “retrieves the title directory compiled by the media server
`
`and displays the directory as a sequence of interactive user interface menus for
`
`navigation and selection by the user.” Id. at ¶ 0026. AbiEzzi teaches that the
`
`media device retrieves the title directory by “querying the media server connected
`
`to the jukebox for information on titles stored in the jukebox,” and that the media
`
`server “receiv[es] a request . . . from [the] media client on the home network” as
`
`part of this process. AbiEzzi, claims 1 and 11. The media client querying the
`
`media server for information on the stored titles over the network involves the
`
`22
`
`

`
`media device transmitting a request over a network for media metadata to the
`
`media source.
`
`44. As previously discussed, the media device “retrieves the title directory
`
`compiled by the media server.” Id. at ¶ 0026. AbiEzzi teaches that the media
`
`device “receiv[es] from the media server the information on titles stored in the
`
`jukebox” (the media metadata) over the home network. Id. at claim 11. AbiEzzi
`
`further teaches that “the media server sends the title directory 116 and other user
`
`interface data to the media client 86 of the television for display on the television
`
`to allow the user to interactively navigate the titles and select a title for playback.”
`
`Id. at ¶ 0022. AbiEzzi teaches that “[w]hen the user selects a title for viewing, the
`
`media server 100 controls the DVD jukebox 80 to read the contents on the DVD
`
`for that title,” thereby indicating that the title information indicates a DVD (a
`
`media file or media stream) available from the media source. Id. at ¶ 0023.
`
`45. As previously discussed, AbiEzzi teaches that “the media server sends
`
`the title directory 116 and other user interface data to the media client 86 of the
`
`television for display on the television to allow the user to interactively navigate
`
`the titles and select a title for playback.” Id. at ¶ 0022. As discussed above, a
`
`graphical user interface is a “display,” so the user interface produced by the media
`
`device, of metadata, is a “media device display.”
`
`23
`
`

`
`46. AbiEzzi teaches that “when the user selects a title for viewing” using
`
`the user interface of the media client “the media client sends [a] request to the
`
`media server, and the media server controls the DVD jukebox to retrieve the
`
`contents for that title.” AbiEzzi, ¶ 0026.
`
`47. AbiEzzi teaches that “when the user selects to view a title [], the
`
`media client sends the request to the media server, and the media server controls
`
`the DVD jukebox to retrieve the contents for that title.” Id. at ¶ 0026. Because the
`
`media server responds to the request by retrieving the contents of the particular
`
`title selected by the user, the request sent by the media device (the corresponding
`
`signal) includes information (at least one media file or media stream metadata)
`
`identifying the particular title (the media file or media stream). See id at ¶ 0026.
`
`48. AbiEzzi teaches that “[w]hen the user selects a title for viewing, the
`
`media server 100 controls the DVD jukebox 80 to read the contents on the DVD
`
`for that title, and transmits the contents to the media client of the display device
`
`(e.g., a television) being viewed

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