Petitioner's Oral Argument
`Presentation
`
`Inter Partes Review 2016-01238
`U.S. Patent No. 8,122,141
`
`September 25, 2017
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`PAGE 1 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Presentation
`
`Inter Partes Review 2016-01238
`U.S. Patent No. 8,122,141
`
`September 25, 2017
`
`PAGE 1 of 17
`
`WEBPOWER, INC.'S EXHIBIT 1023
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`
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`U.S. Patent No. 8,122,141
`
`Instituted claims: 10-23
`
`Uncontested:
`1.
`Invalidity of claims 19-23 - waived
`2. Carmel’s disclosure of all but two claim elements - waived
`
`Contested:
`1. Claim 10: Carmel’s disclosure of “send media data elements to the user
`system responsive to said requests, at a rate more rapid than the rate at
`which said streaming media is played back by a user”
`2. Claim 15: Carmel’s disclosure of “said server does not maintain a pointer
`into a buffer established within said server, for each said user”
`
`2
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`PAGE 2 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`U.S. Patent No. 8,122,141: Claim 10
`
`Exh. 1001 at claim 10
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`3
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`PAGE 3 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Carmel (U.S. Patent No. 6,389,473)
`
`Exh. 1003 at FIG. 2
`(Petition at 52)
`
`Exh. 1003 at FIG. 3A
`(Petition at 54)
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`4
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`PAGE 4 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`Carmel’s general statement about rate for multimedia data:
`
`Carmel, Exh. 1003 at 2:51-59
`(Petition at 56)
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`5
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`PAGE 5 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`Increasing rate to account for lag:
`
`Carmel, Exh. 1003 at 7:35-41
`(Petition at 56)
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`6
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`PAGE 6 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`1)
`
`Increasing overall download rate by opening additional
`download links:
`
`Carmel, Exh. 1003 at 5:55-63
`(Petition at 56)
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`7
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`PAGE 7 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`1)
`
`Increasing overall download rate by opening additional
`download links:
`
`Lag: sending elements slower than playback
`(1 second of video every 2 seconds)
`
`Recovery: sending elements faster than playback
`(3 seconds of video every 2 seconds)
`
`1s video
`
`2s
`
`1s video
`
`1s video
`
`1s video
`
`2s
`
`8
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`PAGE 8 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`2) Increasing download rate (per-slice) by decreasing data
`quality (size) of the slice:
`
`Carmel, Exh. 1003 at 11:9-22
`(Petition at 57)
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`9
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`PAGE 9 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`2) Increasing download rate (per-slice) by decreasing data
`quality (size) of the slice:
`
`Lag: sending elements slower than playback
`(1 second of video every 2 seconds)
`
`Recovery: increasing compression/decreasing file size
`(1 second of video every ½ second)
`
`1s video
`
`1s video (2mb)
`
`1s video
`(.5 mb)
`
`1s video
`(.5 mb)
`
`2s
`
`.5s
`
`10
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`PAGE 10 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`Patent Owner: Carmel increases file sizes to use available bandwidth
`(no gaps), therefore it will never transmit faster than playback.
`
`1: This ignores lag-recovery mechanisms (speeding up transmission by
`reducing file sizes).
`2: The adjustment cited by Patent Owner (increasing file sizes) is only
`performed after a period where transmission is faster than playback.
`Slice duration (duration of video)
`Slice transmission time
`
`Carmel, Exh. 1003 at 13:21-23
`(Reply at 8)
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`11
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`PAGE 11 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 10: “send media data elements to the user system responsive to
`said requests, at a rate more rapid than the rate at which said streaming
`media is played back by a user.”
`
`Patent Owner’s Expert admits that Carmel discloses sometimes
`transmitting slightly faster than playback rate (Reply at 8):
`
`Chiang Tr., Exh. 1022 at 86:20-25
`
`Chiang Tr., Exh. 1022 at 92:9-22
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`12
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`PAGE 12 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 15: “said server does not maintain a pointer
`into a buffer established within said server, for
`each said user”
`
`Undisputed: Carmel does not describe a pointer
`
`13
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`PAGE 13 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 15: “said server does not maintain a pointer
`into a buffer established within said server, for
`each said user”
`
`Carmel uses the same standard HTTP/TCP requests as the ‘141 patent:
`
`‘141 Patent at 8:35-48
`(Reply at 13)
`
`Carmel, Exh. 1003 at 2:11-15
`(Reply at 13)
`
`Chiang Tr. At 50:10-51:4
`(Reply at 13)
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`14
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`PAGE 14 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 15: “said server does not maintain a pointer
`into a buffer established within said server, for
`each said user”
`
`Carmel uses the same client-side requests as the ‘141 Patent:
`
`Carmel, Exh. 1003 at 10:45-48
`(Petition at 59; Reply at 12)
`
`Carmel, Exh. 1003 at 11:9-11
`(Petition at 57; Reply at 12)
`
`15
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`PAGE 15 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 15: “said server does not maintain a pointer
`into a buffer established within said server, for
`each said user”
`
`Carmel states that no special purpose software is used on the server to
`serve the media:
`
`Carmel, Exh. 1003 at 7:9-12
`(Reply at 14)
`
`Carmel, Exh. 1003 at 2:17-21
`(Reply at 14)
`
`16
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`PAGE 16 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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`Claim 15: “said server does not maintain a pointer
`into a buffer established within said server, for
`each said user”
`Patent Owner’s expert testified that Carmel would require a pointer into a
`server buffer, but did not in forming his opinion consider Carmel’s use of
`standard network servers without special-purpose hardware or software:
`
`Chiang Tr., Exh. 1022 at 76:7-22
`Reply at 14
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`17
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`PAGE 17 of 17
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`WEBPOWER, INC.'S EXHIBIT 1023
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