IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Steven Krampf, et al.
`In re Patent of:
`8,090,309 Attorney Docket No.: 39521-0016IP1
`U.S. Patent No.:
`January 3, 2012
`
`Issue Date:
`Appl. Serial No.: 11/967,692
`
`Filing Date:
`December 31, 2007
`
`Title:
`ENTERTAINMENT SYSTEM WITH UNIFIED CONTENT
`SELECTION
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 8,090,309 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`Page 1 of 65
`
`CHS Ex. 2001
`Apple v. CHS
`IPR2016-00794
`
`
`
`
`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
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 8,090,309 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`Page 1 of 65
`
`CHS Ex. 2001
`Apple v. CHS
`IPR2016-00794
`
`
`
`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`TABLE OF CONTENTS
`
`I. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ....................... 1
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) ................................ 1
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) ......................................... 1
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ..................... 1
`D. Service Information .................................................................................. 2
`PAYMENT OF FEES – 37 C.F.R. § 42.103 ................................................ 2
`II.
`III. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104 ....................... 2
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)................................. 2
`B. Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested ............... 2
`C. Claim Construction under 37 C.F.R. §§ 42.104(b)(3) .............................. 5
`IV. MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM
`FOR WHICH AN IPR IS REQUESTED, THUS ESTABLISHING A
`REASONABLE LIKELIHOOD THAT AT LEAST ONE CLAIM OF
`THE ’309 PATENT IS UNPATENTABLE ................................................ 5
`A. [GROUND 1] – Qureshey Anticipates Claims 1, 3-9, and 12-14 ............ 6
`B. [GROUND 2] – Qureshey Renders Claims 2, 10 and 11 Obvious ........ 27
`C. [GROUND 3] – VDM Anticipates Claims 1, 3, 5-9, 13, and 14 ........... 29
`D. [GROUND 4] – VDM Renders Obvious Claims 2, 4, and 10-12 .......... 57
`V. CONCLUSION ............................................................................................ 60
`
`
`i
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`Page 2 of 65
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`EXHIBITS
`
`U.S. Patent No. 8,090,309 to Krampf et al. (“the ’309
`Patent”)
`
`Excerpts from the Prosecution History of the ’309 Pa-
`tent (“the Prosecution History”)
`
`Declaration of Professor Ray Mercer
`
`Curriculum Vitae of Professor Ray Mercer
`
`US Publication No. 2002/0002039 (“Qureshey”)
`
`US Patent No. 6,563,769 (“Van Der Meulen”)
`
`US Publication No. 2004/0174858 (“Caspi”)
`
`Reserved
`
`Reserved
`
`Reserved
`
`US Publication No. 2002/0071448 (“Cervello”)
`
`PCT Publication No. WO 02/13429 (“Davidi”)
`
`Canadian Patent No. 2,388,986 (“Kiss”)
`
`APPLE-1001
`
`APPLE-1002
`
`APPLE-1003
`
`APPLE-1004
`
`APPLE-1005
`
`APPLE-1006
`
`APPLE-1007
`
`APPLE-1008
`
`APPLE-1009
`
`APPLE-1010
`
`APPLE-1011
`
`APPLE-1012
`
`APPLE-1013
`
`ii
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`Page 3 of 65
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`Apple, Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`(“IPR”) under 35 U.S.C. §§ 311–319 and 37 C.F.R. § 42 of claims 1-14 (“the Chal-
`
`lenged Claims”) of U.S. Patent No. 8,090,309 (“the ’309 Patent”). As explained in
`
`this petition, there exists a reasonable likelihood that Apple will prevail with re-
`
`spect to at least one of the Challenged Claims. The Challenged Claims are un-
`
`patentable based on teachings set forth in at least the references presented in this
`
`petition. Apple respectfully submits that an IPR should be instituted, and that the
`
`Challenged Claims should be canceled as unpatentable.
`
`I. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1)
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)
`Petitioner, Apple, Inc. is the real party-in-interest.
`
`
`
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2)
`Petitioner is not aware of any disclaimers, reexamination certificates or peti-
`
`tions for inter partes review for the ’309 Patent. The ’309 Patent is the subject of
`
`Civil Action No. 1:15-cv-00261, filed March 25, 2015 in the District of Delaware.
`
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3)
`Apple provides the following designation of counsel.
`
`Lead Counsel
`W. Karl Renner, Reg. No. 41,265
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
`
`Backup Counsel
`Joshua A. Griswold, Reg. No. 46,310
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`T: 214-292-4034
`F: 877-769-7945
`
`1
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`Page 4 of 65
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
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`
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`D.
`Service Information
`Please address all correspondence and service to counsel at the address pro-
`
`vided in Section I(C). Apple also consents to electronic service by email at
`
`IPR39521-0016IP1@fr.com.
`
`II.
`
`PAYMENT OF FEES – 37 C.F.R. § 42.103
`Apple authorizes the Patent and Trademark Office to charge Deposit Ac-
`
`count No. 06-1050 for the fee set in 37 C.F.R. § 42.15(a) for this Petition and fur-
`
`ther authorizes payment for any additional fees to be charged to this Deposit Ac-
`
`count.
`
`III. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)
`Apple certifies that the ’309 Patent is available for IPR. The present petition
`
`is being filed within one year of service of a complaint against Apple in Civil Ac-
`
`tion No. 1:15-cv-00261, filed March 25, 2015 in the District of Delaware. Apple is
`
`not barred or estopped from requesting this review challenging the Challenged
`
`Claims on the below-identified grounds.
`
`B. Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested
`Apple requests an IPR of the Challenged Claims on the grounds set forth in
`
`the table shown below, and requests that each of the Challenged Claims be found
`
`unpatentable. An explanation of how these claims are unpatentable under the stat-
`
`utory grounds identified below is provided in the form of detailed description and
`
`2
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`Page 5 of 65
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`claim charts that follow, indicating where each element can be found in the cited
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
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`prior art, and the relevance of that prior art. Additional explanation and support for
`
`each ground of rejection is set forth in Exhibit APPLE-1003, the Declaration of
`
`Professor Ray Mercer (“Dec.”), referenced throughout this Petition.
`
`’309 Patent Claims
`Ground
`Ground 1 1, 3-9, 12-14
`
`Ground 2 2, 10, 11
`
`Ground 3 1, 3, 5-9, 13, 14
`Ground 4 2, 4, 10-12
`
`Basis for Rejection
`Anticipated by Qureshey under 35 U.S.C. §
`102
`Obvious over Qureshey under 35 U.S.C. §
`103
`Anticipated by VDM under 35 U.S.C. § 102
`Obvious over VDM in view of wireless net-
`working under 35 U.S.C. § 103
`
`
`The ’309 Patent issued from U.S. Application No. 11/967,692, filed Decem-
`
`ber 31, 2007, which is a continuation-in-part of application No. 11/260,699, filed
`
`on Oct. 27, 2005, now Pat. No. 7,885,622, as well as the following provisional ap-
`
`plications: 60/623,006, filed on October 27, 2004, 60/622,924 filed on October 27,
`
`2004, 60/637,669, filed on December 20, 2004, and 60/708,673, filed on Aug. 16,
`
`2005. Accordingly, the earliest possible priority date to which this patent can po-
`
`tentially claim (hereinafter the “earliest effective filing date”) is October 27, 2004.
`
`Further, Petitioner does not concede that the ’309 Patent is entitled to this
`
`priority date, but has elected not to argue the issue in the present Petition because
`
`each prior art reference identified in the Grounds presented below pre-dates the
`
`3
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`earliest effective filing date for the ’309 Patent. However, Petitioner explicitly re-
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`Attorney Docket No. 39521-0016IP1
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`
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`serves the right to present such an argument in this proceeding or other proceed-
`
`ings involving the ’309 Patent.
`
`Qureshey (U.S. Pub. No. 2002/0002039, Ex. 1005) published on January 3,
`
`2002, more than one year before the earliest effective filing date. Therefore,
`
`Qureshey qualifies as prior art under 35 U.S.C. § 102(b).
`
`Van Der Meulen (U.S. Patent No. 6,563,769, Ex. 1006) issued on May 13,
`
`2003, more than one year before the earliest effective filing date. Therefore, Van
`
`Der Meulen qualifies as prior art under 35 U.S.C. § 102(b).
`
`Caspi (U.S. Pub. No. 2004/0174858, Ex. 1007) was filed on March 7, 2003,
`
`more than 18 months before the earliest effective filing date. The application sub-
`
`sequently published under 35 U.S.C. § 122(b). Therefore, Caspi qualifies as prior
`
`art under 35 U.S.C. § 102(e).
`
`Kiss (Canadian App. No. 2,388,986, Ex. 1013) published on December 5,
`
`2003, more than 10 months before the earliest effective filing date. Therefore,
`
`Kiss qualifies as prior art under 35 U.S.C. § 102(a).
`
`Davidi (International Pub. No. WO 02/13429, Ex. 1012) published on Feb-
`
`ruary 14, 2002, more than one year before the earliest effective filing date. There-
`
`fore, Davidi qualifies as prior art under 35 U.S.C. § 102(b).
`
`4
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`Cervello (U.S. Pub. No. 2002/0071448, Ex. 1011) published on June 13,
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
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`2002, more than one year before the earliest effective filing date. Therefore, Cer-
`
`vello qualifies as prior art under 35 U.S.C. § 102(b).
`
`C. Claim Construction under 37 C.F.R. §§ 42.104(b)(3)
`In accordance with 37 C.F.R. § 42.100(b), claims in an unexpired patent are
`
`given their broadest reasonable construction in light of the specification of the pa-
`
`tent in which it appears. Thus, the broadest reasonable construction is applied to
`
`all terms herein, and further details of how the claims are being interpreted are dis-
`
`cussed in the relevant sections below.
`
`Petitioner expressly reserves the right to advance different constructions in
`
`the matter now pending in the district court, as the applicable claim construction
`
`standard for that proceeding (“ordinary and customary meaning”) is different than
`
`the broadest reasonable interpretation standard applied in IPR. Further, due to the
`
`different claim construction standards in the proceedings, Petitioner identifying
`
`any feature in the cited references as teaching a claim term of the ’309 Patent is not
`
`an admission by Petitioner that that claim term is met by any feature for infringe-
`
`ment purposes, or that the claim term is enabled or meets the requirements for writ-
`
`ten description.
`
`IV. MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM
`FOR WHICH AN IPR IS REQUESTED, THUS ESTABLISHING A
`REASONABLE LIKELIHOOD THAT AT LEAST ONE CLAIM OF
`THE ’309 PATENT IS UNPATENTABLE
`
`5
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`As detailed below, this request shows a reasonable likelihood that the Re-
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
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`quester will prevail with respect to the Challenged Claims of the ’309 Patent.
`
`A.
`[GROUND 1] – Qureshey Anticipates Claims 1, 3-9, and 12-14
`As an initial matter, Qureshey is a continuation-in-part of U.S. Application
`
`No. 09/096,703 (“the ‘703 Application”) and added substantial new matter, includ-
`
`ing FIGS. 11-21 and related discussion. A continuation of the ‘703 Application
`
`(i.e., lacking FIGS. 11-21 and related discussion) was cited in a parent of the ’309
`
`Patent, U.S. Patent No. 7,885,622, but not applied or even substantively discussed
`
`in the parent or the ’309 Patent. Thus, the patentability of the Challenged Claims
`
`has not been substantively considered in view of the disclosure of Qureshey dis-
`
`cussed below.
`
`Claim 1 - [1.0]: “A method of using a media device operable in first and sec-
`ond modes,”
`
`Qureshey discloses using a personal computer with a sound card (“PC”) (a
`
`media device) to retrieve user-selected media files and/or streams from data stor-
`
`age devices, including hard drives, disks, and the Internet (media sources), and to
`
`control output of the media files and/or streams to the user via the PC itself and/or
`
`multiple networked audio devices (media output devices). See, e.g., Qureshey at
`
`Abstract, ¶¶ 0006, 0146, 0155-0160, 0173, FIGS. 11, 15, 17D; Dec. at 73, 74.
`
`The PC (the media device) is operable in multiple modes, including a first
`
`mode in which media files and/or streams are accessed from local storage on the
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`PC (a co-housed and/or directly connected media source), and a second mode in
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`Attorney Docket No. 39521-0016IP1
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`which the PC accesses the Internet (a remote media source) or another device on
`
`the network (a remote media source). See, e.g., Qureshey at Abstract, ¶¶ 0124,
`
`0146-0153, 0155-0160, 0173, FIGS. 11, 15, 17D; Dec. at 74.
`
`In more detail, in the first mode, a user can select files stored locally on the
`
`PC and play them on the PC. Qureshey at ¶ 0155-0158, FIG. 17B-17D; Dec. at 75.
`
`The PC runs, e.g., “PC IPAN client software 1532” which presents a “Playlist
`
`Manager window” to the user. Qureshey at ¶ 0155-58; Dec. at 75-76. Qureshey’s
`
`FIG. 17D shows the Playlist Manager window:
`
`Local audio file
`
`Remote audio file
`
`Play button
`
`
`
`Qureshey, Detail of FIG. 17D (annotated).
`
`
`
`As shown, the Playlist Manager window includes a selectable list of audio
`
`files and “a play button 1712” that “the user clicks . . . to play a selection” from the
`
`list of audio files on the PC. Qureshey at ¶¶ 0155-6 (emphasis added). Both local
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`and remote audio files appear in the selectable list in the Playlist Manager. See
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
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`Qureshey at ¶ 0160. “A speaker icon 1762 is used to indicate a local audio file”
`
`and “[a] speaker outline icon 1763 indicates a link to an audio file located else-
`
`where on another device within the IPAN 1100.” Id.
`
`In the second mode, Qureshey describes that the user uses the PC (the media
`
`device) to download audio files from the Internet or another store on the network
`
`(media sources). See Qureshey at ¶¶ 0124 and 0173. The user then “highlights a
`
`song” in the Playlist Manager window and “right-click[s] on the song in order to
`
`have a popup menu 1761 appear with a variety of options such as ‘Load,’ ‘Play,’
`
`‘Blast To,’ ‘Copy To,’ ‘Make Available On,’ and ‘Delete.’” Qureshey at ¶ 0159
`
`(emphasis added). The “Make Available On” option allows the user to assign the
`
`song to a particular device, which causes the device to “download the audio files”
`
`the next time it connects to the network. Qureshey at ¶ 0174; FIG. 19B, Dec. at
`
`77.
`
`The first and second modes of operation of the PC will be described in
`
`greater detail below with respect to the relevant limitations of claim 1.
`
`Accordingly, Qureshey teaches that the PC operates in a first mode in which
`
`it plays local audio files, and in a second mode in which it downloads audio files
`
`from the Internet or another networked device and causes the files to be transferred
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`to network-enabled audio devices for playback, thereby disclosing “[a] method of
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`Attorney Docket No. 39521-0016IP1
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`using a media device operable in first and second modes” as claimed.
`
`[1.1]: “the first mode comprising operation as a system for accessing a media
`source co-housed with or directly connected to said media device,”
`
`In a first mode, the PC (the media device) accesses media files and/or
`
`streams from local storage (a co-housed and/or directly connected media source);
`
`See Qureshey at ¶¶ 0155, 0160, FIGS. 15, 17D; Dec. at 78. As mentioned above,
`
`Qureshey teaches that the PC runs, e.g., “PC IPAN client software 1532” which
`
`presents a “Playlist Manager window” to the user. Qureshey at ¶ 0155; Dec. at 78.
`
`Qureshey’s FIG. 17D (an annotated version of which is provided above) shows the
`
`Playlist Manager window. As shown, the Playlist Manager window includes a se-
`
`lectable list of audio files and “a play button 1712” that “the user clicks . . . to play
`
`a selection” from the list of audio files on the PC. Qureshey at ¶¶ 0155-6 (empha-
`
`sis added). Both local and remote audio files appear in the selectable list in the
`
`Playlist Manager. See Qureshey at ¶ 0160. “A speaker icon 1762 is used to indi-
`
`cate a local audio file” and “[a] speaker outline icon 1763 indicates a link to an au-
`
`dio file located elsewhere on another device within the IPAN 1100.” Id.
`
`[1.2]: “the source configured to stream media files or media streams for out-
`put by said media device”
`
`The PC (the media device) is configured to stream, in response to the user
`
`clicking the “play button 1712,” user-selected media files or media streams for
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`output. See Qureshey at ¶¶ 0155, 0160, FIGS. 17A, 17D; Dec. at 79. In more de-
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`Attorney Docket No. 39521-0016IP1
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`tail, the “Playlist Manager window 1700 . . . appears when a user runs the PC
`
`IPAN client software 1532 and the server site IPAN software 1433,” and “[t]he us-
`
`er-control buttons in the Playlist Manager window include . . . a play button 1712”
`
`that the “user clicks . . . to play a selection.” Qureshey at ¶ 0155-0156. The PC
`
`may then play the selected audio file. See Qureshey at ¶¶ 0009, 0146, 0155, FIGS.
`
`15, 17D; Dec. at 79.
`
`[1.3]: “and the second mode comprising operation of the media device as a
`remote controller system for controlling over a network a media source re-
`mote from the media device, comprising:”
`
`In the second mode, the PC (the media device) is a remote controller system
`
`for controlling, over a network, media downloaded from the Internet (a media
`
`source remote from the media device). See Qureshey at ¶¶ 0005, 0157, 0159,
`
`0173, FIGS. 11, 15, 17D; Dec. at 80-81. In more detail, Qureshey explains that a
`
`user may use the PC (the media device) to “find[] a desired audio file as addressed
`
`by a URL” and download the audio file from the Internet (a media source) denoted
`
`by the URL. Qureshey at ¶ 0173, see also id. at ¶ 0149. The user then “highlights
`
`a song” in the Playlist Manager window and “right-click[s] on the song in order to
`
`have a popup menu 1761 appear with a variety of options such as ‘Load,’ ‘Play,’
`
`‘Blast To,’ ‘Copy To,’ ‘Make Available On,’ and ‘Delete.’” Qureshey at ¶ 0159
`
`(emphasis added). The “Make Available On” option allows the user to assign the
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`song to a particular device 1200 or 1300 (a media output device), which causes the
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`Attorney Docket No. 39521-0016IP1
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`media output device to “download the audio files” the next time it connects to the
`
`network. Qureshey at ¶ 0174.
`
`[1.4]: “operating the media device in the first mode, wherein when operated in
`the first mode, the media device performs operations of:”
`See [1.1], supra.
`
`[1.4.1]: “displaying user-selectable media metadata on a display of the media
`device”
`
`Qureshey describes that the PC (the media device) displays on a “visual dis-
`
`play for providing audio source choices to the user,” a list of titles (media metada-
`
`ta) of audio files that are available for user selection, including files that are stored
`
`locally on the PC that have been downloaded from the Internet and those accessed
`
`via a web browser. See Qureshey at ¶¶ 0009, 0149, 0155, FIG. 17D (depicting
`
`display of user-selectable song titles, e.g., “Karma Police” and “Kung Fu
`
`Fighting”), Dec. 82-84.
`
`As previously described at [1.0] and [1.1], the Playlist Manager window in-
`
`cludes a selectable list of audio files and “a play button 1712” that “the user clicks .
`
`. . to play a selection” from the list of audio files on the PC. Id. at ¶¶ 0155-6 (em-
`
`phasis added). In more detail, the Playlist Manager window includes a “title win-
`
`dow 1720 [that] displays songs in the playlist.” Qureshey at ¶ 0155. In FIG. 17D,
`
`e.g., the displayed song titles include “Karma Police,” by Radiohead.
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`Both local and remote audio files appear in the selectable list in the Playlist
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`Attorney Docket No. 39521-0016IP1
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`Manager. See Id. at ¶ 0160. “A speaker icon 1762 is used to indicate a local audio
`
`file” and “[a] speaker outline icon 1763 indicates a link to an audio file located
`
`elsewhere on another device within the IPAN 1100.” Id.
`
`[1.4.2]: “at least one media file or stream being associated with each displayed
`media metadata and being available from the media source for playing by
`said media device,”
`
`The PC (the media device) downloads audio files selected by the user from
`
`servers on the Internet (media sources) based on “URLs [that] indicate the location
`
`from which the audio files associated with the song titles in the playlist can be
`
`downloaded.” Qureshey at ¶ 0151; Dec. at 85-86. As FIG. 19A and its associated
`
`description indicates, a “user can search the Internet for audio” and, after the file
`
`has been downloaded in response to a user selection, it is available for playing [by
`
`the PC].” Qureshey at ¶ 0173. As previously described at [1.0] and [1.1], the
`
`Playlist Manager window includes a selectable list of both local and remote audio
`
`files and “a play button 1712” that “the user clicks . . . to play a selection” from the
`
`list. Id. at ¶¶ 0155-6 (emphasis added), 0160.
`
`[1.4.3]: “receiving from a user a selection of media metadata from among the
`displayed media metadata,”
`
`The PC (the media device) receives user selections of displayed audio file ti-
`
`tles (displayed media metadata). In more detail, as FIG. 17D illustrates, the
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`12
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`Page 15 of 65
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`
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`Playlist Manager window displayed by the PC includes a play button that “[t]he
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`user clicks . . . to play a select[ed]” audio file. Qureshey at ¶ 0156, FIG. 17D; Dec.
`
`at 87. The user can also highlight a displayed audio file title and right click to
`
`bring up a menu that includes an option to play the selected song. Qureshey at ¶
`
`0159. “After the user highlights a song, the user can right-click on the song in or-
`
`der to have a popup menu 1761 appear with a variety of options such as ‘Load,’
`
`‘Play,’ ‘Blast To,’ ‘Copy To,’ ‘Make Available On,’ and ‘Delete.’” ¶ 0159 (em-
`
`phasis added).
`
`[1.4.4]: “and indicating that said media device should play a media file or me-
`dia stream associated with the selected media metadata, and”
`
`As described above at [1.4.3], the user’s selection of an audio file title and
`
`pressing the play button, which is received by the PC (the media device), indicates
`
`that the PC should play the file (media file) associated with the selection. See id. at
`
`¶ 0156, FIGS. 17B-17D; Dec. at 88.
`
`[1.4.5]: “outputting the selected media file or media stream; and”
`
`When “[t]he user clicks the play button 1712” in the Playlist Manager win-
`
`dow “to play a select[ed]” audio file, the selected audio file (media file) is output,
`
`i.e., played, by the PC (the media device). See Qureshey at ¶¶ 0009, 0156, FIGS.
`
`15, 17C, 17D; Dec. at 89. As described above at [1.4.3], the user can also high-
`
`13
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`Page 16 of 65
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`light a song and right click to bring up a menu with an option to play the selected
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
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`song. Qureshey at ¶ 0159.
`
`[1.5]: “operating the media device in a second mode, wherein when operated
`in the second mode, the media device performs operations of”
`
`See [1.3], supra.
`
`[1.5.1]: “connecting the media device with the media source, via a network in-
`terface,”
`
`The PC (the media device) establishes a network connection to the Internet
`
`(the media source) with a network connection (a network interface). See Qureshey
`
`at ¶¶ 0005, 0130, 0131, 0149, 0170, 0173, FIGS. 11, 15, 19A; Dec. at 90. In more
`
`detail, Qureshey teaches that “a portion of the PC IPAN client software 1532” run-
`
`ning on the PC (the media device) is configured “so that when an Internet or other
`
`network connection is established, the PC IPAN client software 1532 runs in the
`
`background to query whether to add an audio file found on the Internet to the serv-
`
`er site IPAN 1104,” for example, by saving the file locally on the PC. Qureshey at
`
`¶ 0173 (emphasis added); see also id. at ¶ 0149, FIG. 19A. In other words, when
`
`the PC connects to the Internet (the media source) to initiate a download of a file,
`
`the PC IPAN client software 1532 is invoked to handle the download. See id.;
`
`Dec. at 91-92.
`
` [1.5.2]: “transmitting a request, using the network interface, for media
`metadata from the media device to the media source,”
`
`14
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`Page 17 of 65
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`
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`The ’309 Patent describes that the metadata can include at least title, album,
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
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`artist, playlist, stream name, stream characteristic, and content location. ’309 Pa-
`
`tent, claim 5. The PC (the media device) transmits a request, using the network
`
`connection (a network interface), for metadata such as content locations, titles, al-
`
`bums, artists and/or other metadata (media metadata) to the Internet (the media
`
`source) in connection with the user obtaining media files from the Internet. See
`
`Qureshey at ¶ 0149, 0173, FIG. 19A, and Dec. at 93. In more detail, Qureshey
`
`teaches that “the user finds a desired audio file as addressed by a URL” on the In-
`
`ternet, and downloads the audio file to make it “available for playing.” Qureshey at
`
`¶ 0173 and FIG. 19A. Also, Qureshey discloses “[w]henever, a user selects, saves
`
`or opens a file in the web browser, the IPAN plug-in intercepts the normal pro-
`
`cessing of the web browser and will check to see if the file is an audio file. If the
`
`file is an audio file, the IPAN plug-in will allow the user to download the audio
`
`file.” Id. at ¶ 0149. The PC then stores, e.g., URLs, titles, albums, artists, and/or
`
`other metadata associated with audio files that are selectable through the Playlist
`
`Manager, and that the PC runs, e.g., “PC IPAN client software 1532” which pre-
`
`sents a “Playlist Manager window” to the user. Qureshey at ¶ 0155, FIG. 17D;
`
`Dec. at 93-94. The Playlist Manager window includes a selectable list of both lo-
`
`cal and remote audio files, and metadata for the files. See Qureshey at ¶¶ 0155,
`
`0160, FIG. 17D.
`
`15
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`Page 18 of 65
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`
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`In addressing the Internet in the user’s content search, the PC transmits a re-
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`quest, using a network interface, for media metadata identifying the files available
`
`on the Internet based on a user’s search request. Dec. at 95; see also Qureshey at
`
`claim 32 (“a software module configured to use said network interface to connect
`
`to an Internet”). The request for media metadata in the user’s search enables the
`
`user to “find a desired audio file,” as well as select, save or open a file and list it in
`
`the Playlist Manager. Qureshey at ¶ 0149, 0173, Dec. at 95. For example, the us-
`
`er’s searching is transmitting at least a request for content location (media metada-
`
`ta), i.e., a request for information on whether the searched content is located on the
`
`Internet (the media source), or a request for what content is located on the Internet.
`
`Dec. at 95. Moreover, in the context of the user searching for particular content,
`
`the request entails a request for information on whether content of a particular title
`
`or artist is located on the Internet (the media source). Id. Finally, even when
`
`browsing the web via the web browser, not specifically submitting search strings,
`
`the web browser operating on the PC transmits a request for content of an accessed
`
`site, entailing a request for media metadata, e.g., content location (e.g., URLs), ti-
`
`tle, artist and other metadata of media, as well as other files, available on the site.
`
`Id.
`
`[1.5.3]: “receiving at the media device, using the network interface, media
`metadata from the remote media source,”
`
`16
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`Page 19 of 65
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`The PC (the media device) receives, using a network interface, media
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`metadata (e.g., content location, titles, albums, artists, and/or other metadata) from
`
`the Internet (the media source). See Qureshey at ¶ 0149, 0173, FIG. 19A, and Dec.
`
`at 96-97.
`
`In addressing the Internet in the user’s content search, discussed in [1.5.3]
`
`supra, the PC receives, using a network interface, media metadata identifying the
`
`files that are available on the Internet based on a user’s search request or web
`
`browsing. Dec. at 98; see also Qureshey at ¶ 0149, 0173 and claim 32.
`
`[1.5.4]: “the media metadata indicating at least one media file or media
`stream available from the media source,”
`
`The media metadata displayed by the PC (the media device) in connection
`
`with the user’s content searching or web browsing, as well as through the Playlist
`
`Manager window, indicate audio files (media files) available from the Internet (the
`
`media source). See Qureshey at ¶¶ 0149, 0155, 0160, 0173 FIG. 17D; Dec. at 99.
`
`[1.5.5]: “displaying at least one received media metadata on a media device
`display,”
`
`In connection with the user’s content search, media metadata (e.g., content
`
`location, titles, albums, artists, and/or other metadata) is displayed via the display
`
`of the PC by the IPAN client software and/or the web browser to enable the user to
`
`“find a desired audio file,” as well as, select, save or open a file. Qureshey at ¶
`
`0149, 0173, Dec. at 95. Also, as explained above at [1.5.1]-[1.5.4], the PC IPAN
`
`17
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`Page 20 of 65
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`
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`client software presents a “Playlist Manager window” to the user, the Playlist
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
`
`Manager window including a selectable list of received titles (media metadata) of
`
`remote audio files (media files). Qureshey at ¶ 0155, FIG. 17D; Dec. at 95. The
`
`Playlist Manager window is displayed on a display of the PC. See Qureshey at ¶
`
`0009, 0155; see also Qureshey at claim 32 (“said software module configured to
`
`display data received from the server on said visual display”).
`
`[1.5.6]: “generating a signal in response to a user selection of at least one said
`displayed media metadata, and”
`
`In response to the user selecting a remotely-stored audio file via the dis-
`
`played media metadata, the PC (the media device) generates a signal that is sent,
`
`using a network interface, to the Internet to effectuate downloading the selected
`
`audio file from the Internet. Dec. at 101. Qureshey describes, e.g., that the PC us-
`
`er “finds a desired audio file as addressed by a URL” by “search[ing] the Internet.”
`
`Qureshey at ¶ 0173. The user is then “asked, through a menu, if the file is to be
`
`downloaded.” Id. If the user indicates that the file is to be downloaded through
`
`the menu, the “file [is] downloaded.” Qureshey at ¶ 0173. Also, Qureshey dis-
`
`closes “[w]henever, a user selects, saves or opens a file in the web browser, the
`
`IPAN plug-in intercepts the normal processing of the web browser and will check
`
`to see if the file is an audio file. If the file is an audio file, the IPAN plug-in will
`
`allow the user to download the audio file.” Id. at ¶ 0149.
`
`18
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`Page 21 of 65
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`Qureshey further describes that the PC can make audio files (media files)
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`Attorney Docket No. 39521-0016IP1
`IPR of U.S. Patent No. 8,090,309
`
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`that it has downloaded from the Internet available to devices on the IPAN, and can
`
`assign playlists of audio files to network-enabled audio devices (media output de-
`
`vices) on the IPAN, and can direct the network-enabled audio devices to down-
`
`load, via the IPAN server, audio files included in assigned playlists for output by
`
`the network-enabled audio devices. Qureshey at ¶ 0157, 0175, FIGS. 11, 17I, 19B;
`
`Dec. at 102.
`
`In more detail, Qureshey teaches that “the user finds a desired audio file as
`
`addressed by a URL” on the Internet, and downloads the audio file to make it
`
`“available for playing.” Qureshey at ¶ 0173 and FIG. 19A. Also, Qureshey dis-
`
`closes “[w]henever, a user selects, saves or opens a file in the web browser, the
`
`IPAN plug-in intercepts the normal processing of the web browser and will check
`
`to se
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