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
`
`
`
`
`
`
`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 38
`
`CHS Ex. 2003
`Apple v. CHS
`IPR2016-00794
`
`
`
`
`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
`
`
`
`
`
`
`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 38
`
`CHS Ex. 2003
`Apple v. CHS
`IPR2016-00794
`
`
`
`Attorney Docket No. 39521-0016IP2
`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. This Petition Presents Substantially New Arguments and Prior Art from
`that Previously Before the Board .............................................................. 4
`D. Claim Construction under 37 C.F.R. §§ 42.104(b)(3) .............................. 7
`IV. MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM FOR
`WHICH AN IPR IS REQUESTED ................................................................. 8
`A. [GROUND 1] - Claims 1-14 are obvious over AbiEzzi in view of
`Baumgartner .............................................................................................. 8
`B. [GROUND 2] – Claims 1-14 are obvious over VDM in view Jawa ...... 30
`CONCLUSION .............................................................................................. 60
`
`V.
`
`
`i
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`Page 2 of 38
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`EXHIBITS
`
`APPLE-1001 U.S. Patent No. 8,090,309 to Krampf et al. (“the ’309 Patent”)
`
`APPLE-1002 Prosecution History of the ’309 Patent (“the Prosecution
`History”)
`
`APPLE-1003 Declaration of Professor Ray Mercer (“Mercer”)
`
`APPLE-1004 Curriculum Vitae of Professor Ray Mercer
`
`APPLE-1005 US Publication No. 2005/0132405 (“AbiEzzi”)
`
`APPLE-1006 US Patent No. 6,563,769 (“Van Der Meulen” or “VDM”)
`
`APPLE-1007 US Patent No. 8,156,528 (“Baumgartner”)
`
`APPLE-1008 US Patent No. 6,728,729 (“Jawa”)
`
`APPLE-1009 US Publication No. 2003/0236906 (“Klemets”)
`APPLE-1010 US Publication No. 2002/0129693 (“Wilks”)
`
`APPLE-1011 US Patent No. 8,577,205 (“Barton”)
`
`APPLE-1012 US Patent No. 7,542,814 (“Barr”)
`
`APPLE-1013 US Publication No. 2002/0093593 (“Perkes”)
`
`APPLE-1014 US Patent No. 5,666,422 (“Harrison”)
`
`APPLE-1015 US Patent No. 6,897,905 (“Kaminosono”)
`
`APPLE-1016 US Publication No. 2002/0080166 (“Sweatt”)
`
`ii
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`Page 3 of 38
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`
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`Apple, Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`Attorney Docket No. 39521-0016IP2
`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
`
`Challenged 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 respect to at least one of the Challenged Claims. The Challenged
`
`Claims are unpatentable 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
`
`instituted petitions 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)
`Lead Counsel
`Backup Counsel
`W. Karl Renner, Reg. No. 41,265
`Joshua A. Griswold, Reg. No. 46,310
`3200 RBC Plaza
`3200 RBC Plaza
`60 South Sixth Street
`60 South Sixth Street
`Minneapolis, MN 55402
`Minneapolis, MN 55402
`T: 202-783-5070
`T: 214-292-4034
`
`1
`
`Page 4 of 38
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`Lead Counsel
`F: 877-769-7945
`Email: IPR39521-0016IP2@fr.com
`D.
`Service Information
`Please address all correspondence and service to counsel at the address
`
`Backup Counsel
`F: 877-769-7945
`Email: PTABInbound@fr.com
`
`provided in Section I(C). Apple also consents to electronic service by email at
`
`IPR39521-0016IP2@fr.com, with a cc to PTABInbound@fr.com.
`
`II.
`
`PAYMENT OF FEES – 37 C.F.R. § 42.103
`
`Apple authorizes the Patent and Trademark Office to charge Deposit Acct.
`
`No. 06-1050 for the fee set in 37 C.F.R. § 42.15(a) for this Petition and further
`
`authorizes payment for any additional fees to be charged to this Deposit Account.
`
`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
`
`Action 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
`
`2
`
`Page 5 of 38
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`Claim 9
`one media file or media stream available from the media
`source that, in turn, responds to the corresponding signal
`by accessing the identified media file or media stream and
`once accessed, and”
`“sends the identified media file or media stream to a media
`output device separate from the media device.”
`Claims 10-14
`
`Previous Analysis
`
`See [9.2], supra.
`
`The previous analysis of claims 2-6 applies to claims 10-14 as shown:
`
`Previous Analysis
`Claim
`See [2.0], supra.
`10
`See [3.0], supra.
`11
`See [4.0], supra.
`12
`See [5.0], supra.
`13
`See [6.0], supra.
`14
`B.
`[GROUND 2] – Claims 1-14 are obvious over VDM in view Jawa
`The Previous Petition included an anticipation ground based on the same
`
`VDM reference that forms the basis for Ground 2 here. Ground 2 applies VDM in
`
`a similar (though not textually identical) manner as in the Previous Petition, but
`
`provides new analysis with respect to the Jawa reference, and reasons to combine
`
`VDM and Jawa, to address the claim limitation found lacking: “transmitting a
`
`request, using the network interface, for media metadata from the media device to
`
`the media source[.]” See Ground 2, [1.5.2], infra.
`
`Claim 1 - [1.0]: “A method of using a media device operable in first and
`second modes,”
`
`30
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`Page 6 of 38
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`VDM describes methods for implementing and using a “collection
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`management system” that “resides on a consumer electronic (CE) device, or a
`
`personal or home computer (PC)” (a media device). VDM, Abstract; see also
`
`VDM, 2:15-25, 3:9-25, 4:6-8; Mercer, ¶ 54. The media device includes a
`
`“collection manager 150 that contains a user interface that provides a controlled
`
`access to . . . one or more” media sources storing recordings (media content).
`
`VDM, 3:9-12. The collection management system of VDM also includes
`
`“rendering devices” (media output units) connected to the network for playing the
`
`recordings. VDM, 3:7-9.
`
`VDM’s media device is operable in multiple modes, including a first mode
`
`in which media files and/or streams are accessed from a co-housed and/or directly
`
`connected media source (e.g., from local storage), and a second mode in which
`
`recordings are played on rendering devices (media output units) from media
`
`sources over a network at the direction of the media device. See VDM, 2:59-64,
`
`3:22-25, 4:6-8; see also VDM, 2:15-20, 2:61-3:1, 3:25-55, 5:3-14, FIGS. 1, 2;
`
`Mercer, ¶ 55.
`
`In more detail, VDM describes “an example embodiment of an integrated
`
`system 200 that includes both storage and playback capabilities,” i.e., a media
`
`device. The integrated system 200 can be used “in a dedicated system, a
`
`distributed system, or a combination of both.” VDM, 3:22-25 (emphases added),
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`31
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`Page 7 of 38
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`FIG. 2. VDM states that “[t]he components of the system 200 could be distributed
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`Attorney Docket No. 39521-0016IP2
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`throughout a network, located in a computing device, and so on.” VDM, 4:6-8.
`
`The system “includes an LCD touch display device 250 for interacting with the
`
`collection manager 150 (not shown) within the system 200[.]” VDM, 3:65-67
`
`(emphasis added). The integrated system 200 also “includes at least one playback
`
`device 130, at least one hard disc drive 110, and interconnection means 220 for
`
`accessing other items, or appliances, on a network.” VDM, 3:52-55 (emphasis
`
`added); see also VDM, 2:15-20, 4:6-8, FIGS. 1 and 2; Mercer, ¶ 56. FIG. 2 of
`
`VDM shows the integrated system 200 (see also VDM, 10:42-48).
`
`Regarding the first mode, VDM describes that “the collection manager 150
`
`stores recordings at directly addressable storage locations on a hard disk drive
`
`110.” VDM, 4:10-12 (emphasis added). The “inter connection means 220 may . . .
`
`connect to an amplifier, a television, a set of speakers, and so on, for rendering the
`
`recorded information.” VDM, 3:59-62 (emphasis added), Mercer, ¶ 57. VDM also
`
`teaches that “the integrated system 200 may optionally include an integral
`
`amplifier and speaker system[.]” VDM, 3:62-64. The first mode is discussed in
`
`greater detail in the sections below addressing claim limitations [1.1]-[1.2], and
`
`[1.4].
`
`Regarding the second mode, VDM teaches that the “interconnection means
`
`220 for accessing other items, or appliances, on a network” may also enable
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`32
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`Page 8 of 38
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`collection manager 150 to interact with and control “one or more storage devices
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`that contain recordings of material, such as music or video recordings,” that are
`
`distributed throughout a network (e.g., network 100), as VDM’s FIG. 1 depicts.
`
`See VDM, 3:52-55 and 2:59-64. The collection manager includes a “receiver”
`
`module that “receives content data . . . compris[ing] audio information” from
`
`“content source[s]” including “playback device[s]” (e.g., 130 from FIG. 1),
`
`“storage device[s]” (e.g., 120 from FIG. 1) and “Internet site[s].” VDM, claims 1,
`
`6; Mercer, ¶ 58. VDM further describes that the receiver 320 provides the content
`
`data to a “rendering device 380” (e.g., “an amplifier and speaker system,” “A/V
`
`system” or “a television”) to “render the original content 322[.]” VDM, 7:59-67.
`
`The second mode is discussed in greater detail below at [1.3]-[1.5]. FIG. 4 of
`
`VDM shows an example configuration including the receiver 320, the rendering
`
`device 380, and the content source 310:
`
`Media
`source
`
`Receiver 320 on
`media device
`
`Media device
`sends content
`to separate
`media output
`unit
`
`Media device downloads
`media content from
`media source
`
`Rendering device 380 (media
`
`output unit) plays content
`VDM, Detail of FIG. 4 (annotated).
`
`33
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`Page 9 of 38
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`Accordingly, VDM discloses a “method of using a media device operable in
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`Attorney Docket No. 39521-0016IP2
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`first and second modes” as recited in the claim, through its teaching of an
`
`integrated device that i) stores media content on a local hard drive for playback on
`
`connected or integrated rendering components; and ii) receives media content from
`
`a remote source, such as a CD/DVD playback device or Internet archive, and
`
`provides the media content for playback on networked rendering devices.
`
`[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,”
`
`As discussed above at [1.0], VDM’s media device “stores recordings at
`
`directly addressable storage locations on a hard disk drive 110.” VDM, 4:10-12.
`
`The hard drive 110 is integrated, i.e., co-housed, with the media device, as shown
`
`in FIG. 2B:
`
`Media
`device
`
`
`
`
`
`VDM, FIG. 2B (annotated).
`
`Local hard
`drive 110
`storing media
`content
`
`The collection manager 150 of the integrated collection management system 200
`
`includes “a user interface that facilitates the retrieval of recordings for playback
`
`from one or more storage devices” including “a hard disc drive” (e.g., 110). VDM,
`
`Abstract; Mercer, ¶ 60.
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`34
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`Page 10 of 38
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`[1.2]: “the source configured to stream media files or media streams for
`output by said media device”
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
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`As discussed above at [1.0], VDM’s media device “stores recordings at
`
`directly addressable storage locations on a hard disk drive 110.” VDM, 4:10-12.
`
`VDM teaches that the media device “stor[es] the recordings on a hard disc drive”
`
`to allow for “immediate access . . . to each recording on the drive” in order to
`
`“facilitate[] the retrieval of recordings for playback[.]” Id. at 2:22-28.
`
`[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
`remote from the media device, comprising:”
`
`As discussed above at [1.0], VDM teaches that the media device is operable,
`
`in a second mode, to interact with and control additional media sources and other
`
`devices that are distributed throughout a network (e.g., network 100) remote from
`
`the media device. See VDM, 2:61-3:1, 3:22-25, 3:52-55, 4:6-8, FIG. 1; Mercer, ¶
`
`61. Notably, the claimed “media source remote from the media device” that is
`
`controlled by the media device, is additional to and separate from the media source
`
`that “is co-housed with or directly connected to the media device.” See Mercer, ¶
`
`61; FIGS. 1, 2. The media sources can include, e.g., networked storage device 110,
`
`disk store/play 120, playback device 130, and other content sources 310 on the
`
`network 100. See VDM, 3:22-25, 2:59-64, 4:6-8, 3:52-55; Mercer, ¶ 61
`
`[1.4]: “operating the media device in the first mode, wherein when operated in
`the first mode, the media device performs operations of:”
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`35
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`Page 11 of 38
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`See [1.0]-[1.2], supra.
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`[1.4.1]: “displaying user-selectable media metadata on a display of the media
`device”
`
`VDM teaches that the collection management system 200 (the media device)
`
`displays media metadata on an integrated LCD touch display device 250. See
`
`VDM, Abstract, 3:65-4:3, FIGS. 2, 3, 6A, 6B, 7A, 7B; Mercer, ¶ 62.
`
`In more detail, VDM describes a process of cataloging locally and remotely
`
`available media files and streams that includes the storage of media metadata. See
`
`VDM, 4:62-5:65. Through this process, collection management system 200 may
`
`create and store a “catalog 300 that contains an identification 301 of each recording
`
`in the collection, and a locator 302 associated with each recording that identifies
`
`where the recording is located.” VDM, 4:26-29. “The identification 301 may be,
`
`for example, the name of the recorded song, movie, show, etc., and the locator 302
`
`may be an identification of the particular disk array, the disk number within that
`
`array 120, and the track within the disk identified by that disk number.” VDM,
`
`4:32-37. The “name of the recorded song,” i.e., title, and the “identification of the
`
`particular disk array, the disk number within that array 120 and the track within the
`
`dis,” i.e., content location, are both examples of media metadata as defined by the
`
`’309 patent. See ’309 Patent at claim 5. The catalog 300 may also include “key
`
`fields 305 that may contain, for example, the title of the recording, the author, the
`
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`Attorney Docket No. 39521-0016IP2
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`performer, the genre, and so on, and the identification 301 [as] an index number, to
`
`which these key fields 305 can be referenced.” VDM, 4:38-42.
`
`
`
`VDM, FIG. 3.
`
`The collection management system 200 (media device) may display media
`
`metadata from the catalog 300 on, e.g., an integrated LCD touch display device
`
`250. See VDM, 3:67-4:3, 4:26-37, 8:57-62, 9:14-52, FIGS. 2, 6A, 6B; Mercer, ¶
`
`64. “The presentation of the information of the catalog 300 in a preferred
`
`embodiment of this invention is not limited to a text display.” Id. at 8:55-60.
`
`FIGS. 7A and 7B of VDM (reproduced below) illustrate graphics “for the
`
`presentation of the catalog 300 information,” including media metadata, which can
`
`be displayed on the integrated LCD touch display device 250. VDM, 9:24-52,
`
`FIGS. 2, 7A, 7B; Mercer, ¶ 64.
`
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`VDM, FIGS. 7A, 7B.
`
`In more detail, the VDM’s media device may display recordings organized
`
`“as a carousel of disks 710” that is “rotated by the control arrows 711, 712, as may
`
`be implemented on the example touch screen 250 of FIG. 2.” VDM, 9:26-30
`
`(emphasis added). “As the carousel 710 is rotated, the title of the selection, the
`
`name of the performing artist, and other information 715 is displayed,
`
`corresponding to each disc on the carousel.” VDM, 9:30-33 (emphasis added).
`
`The media content identified in the user interface can be stored “in a hard drive
`
`that is integral to the selection display device 700.” VDM, 9:40-47 Mercer, ¶ 65.3
`
`FIGS. 6A and 6B illustrate additional graphic presentations of the media catalog
`
`300, including media metadata that may be displayed on LCD touch display device
`
`250. See VDM, 3:65-67, 8:57-62, 9:14-23, FIGS. 2, 6A, 6B; Mercer, ¶ 65.
`
`[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”
`
`As described above at [1.4.1], the media device of VDM includes a user
`
`interface that may display media content “as a carousel of disks 710[.]” VDM
`
`
`3 Note that because the user interface is displayed by the media device on the touch
`
`screen 250, the “selection display device 700” referred to above is the media
`
`device shown in FIG. 2 of VDM. See VDM, 9:26-47, FIG. 2A; Mercer, ¶ 66.
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`38
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`Page 14 of 38
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`further describes “when the carousel 710 is positioned at a desired recording 715,
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`the user touches the play 720 button to effect the retrieval and rendering of the
`
`desired recording.” VDM, 9:28-39 (emphasis added); See also 2:21-25, 2:61-3:1,
`
`4:26-29; Mercer, ¶ 67.
`
`[1.4.3]: “receiving from a user a selection of media metadata from among the
`displayed media metadata”
`
`As described above at [1.4.1] and [1.4.2], a user of the collection
`
`management system 200 (media device) may select media metadata from among
`
`the media metadata displayed by LCD touch display device 250 by touching LCD
`
`touch display device 250. See VDM, 2:21-25, 9:24-53, FIGS. 2, 7; Mercer, ¶ 68.
`
`[1.4.4]: “and indicating that said media device should play a media file or
`media stream associated with the selected media metadata,”
`
`As described above at [1.4.1] and [1.4.2], the user’s selection of media
`
`metadata, which is received by the system 200, indicates that the media device
`
`should play a media file or stream associated with the selected media metadata.
`
`See VDM, 9:30-39, 2:21-31, 3:59-4:3, 4:62-5:41. VDM teaches that the media
`
`device’s user interface facilitates “the retrieval of recordings for playback from one
`
`or more storage devices, based on an individual selection of genre, author, and so
`
`on.” VDM, 2:21-25, 9:24-53, FIGS. 2, 7; Mercer, ¶ 69. For example, VDM
`
`describes that “the user touches the play 720 button to effect the retrieval and
`
`rendering of the desired recording.” VDM, 9:28-39.
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`Page 15 of 38
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`[1.4.5]: “outputting the selected media file or media stream; and”
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`VDM teaches that the media device outputs the selected media file or stream
`
`through a A/V system 180 that may be, e.g., “an integral amplifier and speaker
`
`system,” or a display included in the collection management system 200. See
`
`VDM, 3:59-64, 3:67-4:3; Mercer, ¶ 70. VDM describes that “when the carousel
`
`710 is positioned at a desired recording 715, the user touches the play 720 button
`
`to effect the retrieval and rendering of the desired recording.” VDM, 9:28-39
`
`(emphasis added). As also previously discussed, media device can include “an
`
`integral amplifier and speaker system” or can be connected to “an amplifier, a
`
`television, a set of speakers, and so on, for rendering the recorded information.”
`
`VDM, 3:59-64 (emphasis added). Therefore, when the user presses the play
`
`button, the selected content is rendered (i.e., played) on the media device by one of
`
`these integrated or connected components. Mercer, ¶ 70.
`
`[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
`interface,”
`
`As discussed above at [1.0], interconnection means 220 is a network
`
`interface that connects the media device with one or more remote media sources,
`
`which may include, e.g., networked storage device 110, disk store/play 120,
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`40
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`Page 16 of 38
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`
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`playback device 130, and other content sources 310 on the network 100. See
`
`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`VDM, 3:22-25, 2:59-64, 4:6-8, 3:52-55; Mercer, ¶ 71. VDM teaches that the
`
`media device receives media files and streams and/or metadata from content
`
`sources 310, including Internet sites and from other media sources accessible “via
`
`a local network,” such as a storage device (e.g., 110/120 in FIG. 1) or playback
`
`device (e.g., 130 in FIG. 1). See VDM, 2:59-64, 3:22-55, 4:6-8, 5:9-19; Mercer, ¶
`
`71. VDM describes that content sources 310 include “a conventional playback
`
`device 130, such as a CD and DVD player, a cassette tape player, record player,
`
`VCR player, laser-disc player, and so on,” the Internet, or a storage device, such as
`
`disk store/play 120 or storage device 110. VDM, 5:5-14, claim 1 and claim 6.
`
`VDM states that the media device accesses certain content sources “via an external
`
`connection 220.” VDM, 5:5-14.
`
`[1.5.2]: “transmitting a request, using the network interface, for media
`metadata from the media device to the media source,”
`
`As explained above at [1.4.1], the media device creates and stores a catalog
`
`300 of media metadata (e.g., identification 301 and/or locator 302) associated with
`
`available media files and streams. See VDM, 5:38-44, 4:26-42; Mercer, ¶ 72. As
`
`part of this process, the media device obtains media metadata from a remote media
`
`source (e.g., archive 110, disk/store 120, playback device 130, and/or content
`
`41
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`Page 17 of 38
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`
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`source 310) via interconnection means 220. See VDM, 3:9-13 4:26-5:34, FIGS. 3,
`
`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`4, and 5; Mercer, ¶ 72.
`
`In more detail, VDM’s media device includes a receiver 320 module
`
`operable to obtain media content and metadata (collectively, material 311) from
`
`one or more media sources (e.g., content source 310) over the network (e.g., via
`
`the network connected at interconnection means 220), to provide the received
`
`content to a rendering device for output (e.g., rendering device 380), and to provide
`
`the received metadata to an information source 340 and cataloger 350 for
`
`cataloging. See VDM, claim 1, 3:52-55, 5:9-65, 7:66-67, FIG. 4; Mercer, ¶ 73.
`
`The receiver 320, e.g., “receives material 311 from the content source 310, the
`
`content of the material being dependent upon the capabilities of the content source
`
`310.” VDM, 5:5-17. If, for example, “the content source is a CD or DVD, the
`
`material 311 includes the unique identifier that is associated with commercial CDs
`
`and DVDs” used to look up information about the tracks of that disk. VDM, 5:24-
`
`34 (emphasis added). The unique identifier, identification information 321, by
`
`virtue of identifying a particular disk and the associated tracks of that disk, is
`
`therefore media metadata requested from the media source using the network
`
`interface 220.
`
`The receiver provides the identification information 321 (media metadata) to
`
`the cataloger and, as explained above at [1.4.1], the cataloger may then store “the
`
`42
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`Page 18 of 38
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`identification 321 and information 341 regarding the content 322 of the recording.”
`
`See VDM, 4:26-29, 5:24-50, FIGS. 3 and 4; Mercer, ¶ 74. The identifier 301 is
`
`stored in the catalog 300 and “is derived from the identification information 321,
`
`and may be a copy of the information 321 or a translation of the information 321
`
`into a form that is specific to the catalog 300.” VDM, 7:30-38. Additionally, the
`
`receiver requests and receives location information of the media (media metadata),
`
`to produce the “locator 302” that is stored along with the identification information
`
`321. VDM, 4:26-37. The requested location information is content location, and
`
`therefore media metadata requested from the media source using the network
`
`interface 220.
`
`The following detail of FIG. 4 of VDM illustrates the receiver 320, which
`
`runs on the media device (see [1.0], supra), obtaining material 311, which includes
`
`media content and an identification (metadata - see [1.4.1], supra), from a content
`
`source 310 and providing it to the cataloger 350 for cataloging:
`
`Media
`source
`
`Receiver on media
`device
`
`Cataloger
`on media
`device
`
`
`
`43
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`Page 19 of 38
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
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`
`VDM, Detail of FIG. 4 (annotated).
`
`VDM describes that in some cases, the identifier 301 may be a copy of the
`
`information 321.” VDM, 7:30-33 (emphasis added). “The identification 301 may
`
`be, for example, the name of [a] recorded song, movie, show etc.” Id. at 4:33-37.
`
`Thus, the identification information 321 can also be the name of a song, movie or
`
`show recorded on a disk. See, e.g., VDM, 7:30-33, 4:33-37; Mercer, ¶ 76. When
`
`the identifier 301 is a copy of the information 321, and the identifier 301 is a name
`
`of the media, the information 321 obtained from the content source 310 is also the
`
`name of the media. Mercer, ¶ 76. When the identifier 301 is the name of the
`
`media, the same information is populated into the “title” key field 305 (media
`
`metadata) and displayed to the user. See VDM, 4:38-42, FIGS. 3, 7A, 7B; Mercer,
`
`¶ 76. In such a case, the identifier information 321, from which identifier 301 is
`
`copied, is itself media metadata.
`
`If content source is a CD or DVD containing mp3 audio or another format
`
`with embedded metadata (e.g., track name, artist, etc.) it would be obvious to
`
`request that metadata and send it to the catalog 300, as well, to save the additional
`
`work of obtaining it in a later, additional step.
`
`To the extent obtaining the media metadata from the network is interpreted
`
`to not include transmitting a request for the media metadata, Jawa teaches a media
`
`44
`
`Page 20 of 38
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`
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`device requesting and receiving metadata for media content from a server over a
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`network. Mercer, ¶ 77.
`
`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
`
`(emphasis added). The server includes a “music database” storing “song records . .
`
`. containing “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
`
`7:46-47. 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
`
`(emphasis added).
`
`Accordingly, the media device using interconnection means 220 to obtain
`
`material 311, which includes media metadata (identification 321) from a media
`
`source (content source 310) over a network, as taught by VDM, in view of the
`
`client obtaining media metadata by requesting it from a server over a network, as
`
`taught by Jawa, renders obvious “transmitting a request, using the network
`
`45
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`Page 21 of 38
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`
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`interface, for media metadata from the media device to the media source” as
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`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`recited in the claim.
`
`Reasons to combine VDM and Jawa
`
`One of skill in the art 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 from the same field, according to known methods to
`
`yield predictable results. See KSR v. Teleflex, 550 U.S. 398, 417 (2007); MPEP §
`
`2143 I(A). 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. Mercer, ¶ 23; see, e.g.,
`
`Jawa, 4:23-25; 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
`
`46
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`Page 22 of 38
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`
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`been further motivated to improve the network efficiency of the VDM system.
`
`Attorney Docket No. 39521-0016IP2
`IPR of U.S. Patent No. 8,090,309
`
`
`Mercer, ¶ 23. 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 efficiency. Mercer, ¶ 23.
`
`Moreover, the content source of VDM must be prompted in some manner to send
`
`the metadata. Mercer, ¶ 23. The skilled artisan would seek the operational
`
`efficiency of having the receiving media
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