IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
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`Plaintiff,
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`Defendant.
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`vs.
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`APPLE, INC.,
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`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC,
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`Plaintiff,
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`Case No. 2:15-cv-01366-JRG-RSP
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`LEAD CASE
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`Case No. 2:15-cv-01206-JRG-RSP
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`TOP VICTORY ELECTRONICS (TAIWAN)
`CO. LTD., TPV INT’L (USA), INC.,
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`ENVISION PERIPHERALS, INC., TOP
`VICTORY ELECTRONICS (FUJIAN) CO.
`LTD., TPV ELECTRONICS (FUJIAN) CO.
`LTD., TPV TECHNOLOGY LTD., and
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`VIZIO, INC.
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`Defendants.
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`PLAINTIFF'S DISCLOSURES UNDER P.R. 3-1
`CONCERNING DEFENDANT APPLE, INC.
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`APPLE EX. 1019
`Page 1
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`

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`Pursuant to Patent Rule 3-1, Plaintiff Personalized Media Communications, LLC,
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`(“PMC”) hereby provides its Disclosure of Asserted Claims and Preliminary Infringement
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`Contentions Concerning Defendant Apple, Inc. (“Apple”). PMC reserves the right to further
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`supplement or alter its responses herein—including to supplement its infringement contentions
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`pursuant to P.R. 3-6—based on additional information obtained through discovery or other
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`means concerning Apple products or services.
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`I.
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`PMC’s P.R. 3-1(a) Disclosures
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`Subject to ongoing discovery and investigation, PMC hereby contends that Apple directly
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`and/or indirectly infringes the following claims under one or more of 35 U.S.C. § 271(a)-(c), (f)
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`and (g) by making, using, selling, offering for sale, and/or importing into the United States the
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`Accused Instrumentalities set forth in Part II below. PMC reserves the right to supplement its
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`position as to infringement following further discovery.
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`U.S. Patent No.
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`Infringed Claims
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`8,191,091
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`8,559,635
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`7,752,649
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`8,752,088
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`13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 27, 30
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`1, 2, 3, 4, 7, 13, 18, 20, 21, 28, 29, 30, 32, 33
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`39, 54, 62, 67
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`14
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`II.
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`PMC’s P.R. 3-1(b) Disclosures
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`Subject to ongoing discovery and investigation, PMC hereby contends that the asserted
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`patent claims are infringed by make, use, sale, offer for sale, and/or importation of the Accused
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`Instrumentalities as identified for each claim in the chart below:
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`- 2 -
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`APPLE EX. 1019
`Page 2
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`Patent
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`Claims
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`Accused Instrumentality of Apple
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`8,191,091 13, 14, 15, 16,
`18, 20, 21, 23,
`24
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`8,191,091 26, 27, 30
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`8,559,635 1, 2, 4, 7, 18,
`20, 21, 28, 29,
`30, 32, 33
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`8,559,635 3
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`iTunes and/or QuickTime software
`application (installed on end users’ MacOS or
`non-Apple computers), Apple’s iOS products
`(including at least iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at
`least MacBook and iMac) which are
`compatible with Apple’s FairPlay DRM
`scheme; Apple computer server(s) which
`implement Apple’s FairPlay DRM scheme
`
`iTunes and/or QuickTime software
`application (installed on end users’ MacOS or
`non-Apple computers), Apple’s iOS products
`(including at least iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at
`least MacBook and iMac) which are
`compatible with Apple’s FairPlay DRM
`scheme and/or FairPlay Streaming (FPS) or
`HTTP Live Streaming (HLS) protocols;
`Apple computer server(s) which implement
`Apple’s FairPlay DRM scheme and/or FPS or
`HLS protocols
`
`iTunes and/or QuickTime software
`application (installed on end users’ MacOS or
`non-Apple computers), Apple’s iOS products
`(including at least iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at
`least MacBook and iMac) which are
`compatible with Apple’s FairPlay DRM
`scheme; Apple computer server(s) which
`implement Apple’s FairPlay DRM scheme
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`Apple computer server(s) such as iTunes
`Store or App Store servers which implement
`Apple’s FairPlay DRM scheme
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`- 3 -
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`APPLE EX. 1019
`Page 3
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`Patent
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`Claims
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`Accused Instrumentality of Apple
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`8,559,635 13
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`7,752,649 39, 62, 67
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`7,752,649 54
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`8,752,088 14
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`Apple’s iOS products (including at least
`iPhone, iPod, iPad, and Apple TV) and
`MacOS products (including at least MacBook
`and iMac) which are capable of downloading
`and decrypting apps in accordance with
`Apple’s FairPlay DRM scheme; Apple
`computer server(s) which implement Apple’s
`FairPlay DRM scheme
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`Apple’s QuickTime and Safari software
`applications (installed on end users’ MacOS
`or Windows computers), Apple’s iOS
`products (including at least iPhone, iPod,
`iPad, and Apple TV), and MacOS products
`(including at least MacBook and iMac) which
`are compatible with Apple’s HTTP Live
`Streaming (HLS) protocol; Apple computer
`server(s) which implement Apple’s HLS
`protocol
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`Apple computer server(s) such as iTunes
`Store, Apple Music, or other content servers
`which implement HTTP Live Streaming
`(HLS) protocol
`
`Apple’s QuickTime and Safari software
`applications (installed on end users’ MacOS
`or Windows computers), Apple’s iOS
`products (including at least iPhone, iPod,
`iPad, and Apple TV), and MacOS products
`(including at least MacBook and iMac) which
`are compatible with Apple’s HTTP Live
`Streaming (HLS) protocol or the MPEG-2
`standard in general; Apple computer server(s)
`which implement Apple’s HLS protocol
`and/or or the MPEG-2 standard
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`
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`III.
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`PMC’s P.R. 3-1(c) Disclosures
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`Subject to ongoing discovery and investigation, PMC hereby contends that each element
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`of each infringed claim is found within each Apple Accused Instrumentality as shown in
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`- 4 -
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`APPLE EX. 1019
`Page 4
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`preliminary infringement claim charts attached hereto as Exhibits A, B, C, & D. PMC has
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`tentatively identified the claim terms that may require claim construction, by underlining and
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`bolding those claim terms in the “Asserted Claims” column of the infringement claim charts.
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`These identifications are based on information currently available to PMC. PMC reserves the
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`right to amend its asserted claims and infringement contentions pursuant to P.R. 3-6 as
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`discovery progresses and additional information is gathered.
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`IV.
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`PMC’s P.R. 3-1(d) Disclosures
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`Subject to ongoing discovery and investigation, PMC hereby contends that, except where
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`it is indicated otherwise, each element of each asserted claim is literally present in each of the
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`Accused Instrumentalities as specifically shown in Exhibits A, B, C, & D.
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`At this time, PMC believes that the following elements of the asserted claims where
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`infringement may depend on equivalents:
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` Claim 2 of the ’635 Patent: “first decryptor” or “second decryptor”
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` Claim 21 of the ’635 Patent: “first processor control” or “second processor control”
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` Claims 39 and 67 of the ’649 Patent: “television receiver” [only if the preamble is
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`found to be limiting]
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`However, as indicated above, more discovery is required for PMC’s literal infringement
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`position, and the Court have yet to issue any claim construction order. Pursuant to P.R. 3-6,
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`PMC expressly reserves the right to augment and supplement its position on whether there is
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`infringement under the doctrine of equivalents of any other elements of any asserted claims after
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`further discovery from Apple and/or depending on this Court’s decision on all the claim
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`construction issues.
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`- 5 -
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`APPLE EX. 1019
`Page 5
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`V.
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`PMC’s P.R. 3-1(e) Disclosures
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`Pursuant to P.R. 3-1(e), PMC presently contends that the asserted claims of U.S. Patent
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`Nos. 8,559,635 and 8,752,088 are entitled to the priority date of U.S. Patent Application No.
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`06/317,510, filed November 3, 1981, which issued as U.S. Patent No. 4,694,490.
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`PMC further contends that the asserted claims of U.S. Patent Nos. 7,752,649 and
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`8,191,091 are at least entitled to the priority date of United States Patent Application Serial No.
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`07/096,096, filed September 11, 1987, now U.S. Pat. No. 4,965,825, which was a continuation-
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`in-part of U.S. Patent Application No. 06/829,531, filed February 14, 1986, now U.S. Patent No.
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`4,704,725, which was a continuation of U.S. Patent Application No. 06/317,510, filed November
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`3, 1981, now U.S. Pat. No. 4,694,490.
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`VI.
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`PMC’S P.R. 3-1(f) Disclosures
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`PMC does not rely upon the assertion that its own instrumentalities practice the claimed
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`
`
`
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`Respectfully Submitted,
`
`invention.
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`Dated: November 24, 2015
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`
`
`By:
`
`_/s/ Stephen T. Schreiner_______________
`Stephen T. Schreiner (Admitted pro hac vice)
`Jennifer A. Albert (Admitted pro hac vice)
`Ce (Charles) Li (Admitted pro hac vice)
`GOODWIN PROCTER LLP
`901 New York Ave., N.W.
`Washington, DC 20001
`Tel.: (202) 346-4000
`Fax: (202) 346-4444
`Email: SSchreiner@goodwinprocter.com
`Email: JAlbert@goodwinprocter.com
`Email: CLi@goodwinprocter.com
`
`
`
`
`
`
`S.Calvin Capshaw, III
`State Bar No. 03788390
`Elizabeth L. DeRieux
`State Bar No. 05770585
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`- 6 -
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`APPLE EX. 1019
`Page 6
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` Capshaw Derieux, LLP
` 1127 Judson Road, Suite 220
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`Longview TX 75601-5157
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`Tel.: (903) 233-4826
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`Fax: (903) 236-8787
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`E-mail: ccapshaw@capshawlaw.com
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`E-mail: ederieux@capshawlaw.com
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` Attorneys for Plaintiff
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`Personalized Media Communications, L.L.C.
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`- 7 -
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`APPLE EX. 1019
`Page 7
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing disclosure and all supporting documents
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`were served electronically on all counsel who have consented to electronic service pursuant to
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`Local Rules on November 24, 2015.
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`/s/ Ce Li
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`APPLE EX. 1019
`Page 8
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`EXHIBIT A
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`Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
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`APPLE EX. 1019
`Page 9
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
`
`ASSERTED CLAIMS
`
`INFRINGEMENT
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`13. A method of decrypting programming
`at a receiver station, said method
`comprising the steps of:
`
`Apple’s iTunes and/or QuickTime software application (installed on end users’ MacOS
`or Windows computers), Apple’s iOS products (including iPhone, iPod, iPad, and
`Apple TV), and MacOS products (including at least MacBook and iMac) implement
`the claimed method to decrypt digital content on end users’ computing or
`entertainment devices. The digital content may include movies, TV shows, e-books,
`music, and apps. Each user device is a “receiver station” as claimed.
`
`Users who use the Accused Instrumentality supplied by Apple to practice the
`claimed method directly infringe this claim, such users including Apple’s
`customers (e.g., consumers) and Apple itself. Apple directly infringes this claim
`by using its iTunes and/or QuickTime software application, MacOS and/or iOS
`products to perform each of the recited steps, for example, during product testing
`and demonstration or for other business purpose(s). By supplying the MacOS or
`iOS devices and/or iTunes/QuickTime software, as well as related technical
`support and/or maintenance services, which are used to practice the claimed
`method or by providing instructions (e.g., user manuals for the infringing
`hardware or software) on the infringing uses, Apple also induces and contributes
`to the direct infringement by its customers. Apple further induces and
`contributes to direct infringement by operating one or more servers to facilitate
`the claimed method of receiving and decrypting programming.
`
`Apple implements a digital rights management (DRM) technology, known as
`“FairPlay,” for decryption of protected content by user devices—
`“FairPlay is a digital rights management (DRM) technology created by Apple
`Inc., based on technology created by the company Veridisc. FairPlay is built into the
`QuickTime multimedia software and used by the iPhone, iPod, iPad, Apple TV,
`iTunes, iTunes Store and the App Store. Formerly, all songs in the iTunes Store were
`encoded with FairPlay . . . Apple no longer sells individual songs or albums with
`FairPlay encryption from the iTunes store. However, apps downloaded from the
`iTunes store and Apple Music subscription songs saved for offline listening are still
`
`A–2
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`APPLE EX. 1019
`Page 10
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`

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`
`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
`
`ASSERTED CLAIMS
`
`INFRINGEMENT
`
`encrypted with FairPlay.”
`(https://en.wikipedia.org/wiki/FairPlay) [PMCAPL00050135]
`
`The FairPlay DRM technology involves a decryption key management/distribution
`scheme for decryption of digital information—
`“FairPlay-protected files are regular MP4 container files with an encrypted AAC
`audio stream. The audio stream is encrypted using the AES algorithm in combination
`with MD5 hashes. The master key required to decrypt the encrypted audio stream is
`also stored in encrypted form in the MP4 container file. The key required to decrypt
`the master key is called the "user key".
`Each time a new customer uses iTunes to buy a track, a new random user key is
`generated and used to encrypt the master key. The random user key is stored, together
`with the account information, on Apple’s servers, and also sent to iTunes. iTunes
`stores these keys in its own encrypted key repository. Using this key repository, iTunes
`is able to retrieve the user key required to decrypt the master key. Using the master
`key, iTunes is able to decrypt the AAC audio stream and play it.
`When a user authorizes a new computer, iTunes sends a unique machine
`identifier to Apple’s servers. In return, it receives all the user keys that are stored with
`the account information. This ensures that Apple is able to limit the number of
`computers that are authorized and makes sure that each authorized computer has all the
`user keys that are needed to play the tracks they bought.
`When a user deauthorizes a computer, iTunes will instruct Apple’s servers to
`remove the unique machine identifier from their database, and at the same time it will
`remove all the user keys from the deauthorized computer's encrypted key repository.
`The iPod also has its own encrypted key repository. Every time a FairPlay-
`protected track is copied onto the iPod, iTunes will copy the user key from its own key
`repository to the key repository on the iPod. This makes sure that the iPod has
`everything it needs to play the encrypted AAC audio stream.
`FairPlay does not affect the ability of the file itself to be copied. It only manages
`the decryption of the audio content.”
`
`A–3
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`APPLE EX. 1019
`Page 11
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`

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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
`
`ASSERTED CLAIMS
`
`INFRINGEMENT
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`(https://en.wikipedia.org/wiki/FairPlay) [PMCAPL00050135]
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`
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`(R. Venkataramu, M. Stamp, P2PTunes: A Peer-to-Peer Digital Rights Management
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`A–4
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`APPLE EX. 1019
`Page 12
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
`
`ASSERTED CLAIMS
`
`INFRINGEMENT
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`System, Handbook of Research on Secure Multimedia Distribution, IGI Global (March
`2009) [PMCAPL00049888 - PMCAPL00049912] at p. 8)
`
`While the hardware and software components of the Accused Instrumentality are
`designed by, and under control of, Apple, Apple uses third-party manufacturers or
`suppliers at least to make and assemble its iOS and MacOS products. At least some of
`those third parties are listed in Apple’s Supplier List 2015
`(https://www.apple.com/supplier-responsibility/pdf/Apple_Supplier_List_2015.pdf)
`It is believed that those third parties are in possession of discoverable information
`relevant to the proof of infringement.
`
`See also Apple Featured Manuals webpage (https://support.apple.com/manuals/);
`iPhone Manuals webpage (https://support.apple.com/manuals/iphone); iPad Manuals
`webpage (https://support.apple.com/manuals/ipad); iPod Manuals webpage
`(https://support.apple.com/manuals/ipod); Apple TV Manuals webpage
`(https://support.apple.com/manuals/appletv); iPhone User Guide [for iOS 8.4
`Software]
`(https://manuals.info.apple.com/MANUALS/1000/MA1565/en_US/iphone_user_guide
`.pdf); iPhone User Guide [for iOS 4.2 and 4.3 Software]
`(https://manuals.info.apple.com/MANUALS/1000/MA1539/en_US/iPhone_iOS4_Use
`r_Guide.pdf).
`
`A user device can receive content directly from Apple’s iTunes Store, App Store,
`Apple Music, or other Apple server(s). Alternatively, the user device, such as an iPod
`device, could receive encrypted content from another device, such as a computer with
`iTunes application, along with corresponding user keys.
`
`Under Apple’s FairPlay DRM scheme, such content itself is encrypted with a “master
`key” and the master key is encrypted with a random “user key” associated with the
`user’s Apple ID account and authorized device identifier (or unique machine ID).
`
`A–5
`
`receiving an encrypted digital
`information transmission including
`encrypted information;
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`APPLE EX. 1019
`Page 13
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
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`ASSERTED CLAIMS
`
`INFRINGEMENT
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`Both the master key and user key are believed to be 12 bytes in length. Both the
`encrypted master key and the encrypted content (“encrypted information”) are
`packaged in an MP4 container file (or media file). The data transmission (either from
`Apple server(s) or from another device) that carries the container file is “an encrypted
`digital information transmission.”
`
`U.S. Patent No. 7,895,661 (“the ’661 Patent”) to Apple [PMCAPL00048873 -
`PMCAPL00048892] is believed to disclose the FairPlay DRM scheme in the
`embodiment illustrated in FIGs. 6A-6B and 7. FIGs. 6A-6B shows the procedure of a
`media file being prepared, with the encrypted media content portion, an encrypted
`“random content key,” and a user key reference, before the media file is downloaded to
`the user:
`
`A–6
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`APPLE EX. 1019
`Page 14
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
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`ASSERTED CLAIMS
`
`INFRINGEMENT
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`detecting in said encrypted digital
`information transmission the presence of
`an instruct-to-enable signal;
`
`
`
`The user device, which is compatible with the FairPlay DRM technology, can
`recognize a DRM-protected MP4 container file.
`
`Case 1: The MP4 container file carrying the DRM-protected content includes key
`reference information (“an instruct-to-enable signal”) which enables the user device to
`identify the matching user key needed to decrypt the master key. The FairPlay-
`compatible user device can detect the presence of the key reference information.
`
`A–7
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`APPLE EX. 1019
`Page 15
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
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`ASSERTED CLAIMS
`
`INFRINGEMENT
`
`
`Case 2: The FairPlay-compatible user device can also detect the encrypted master key
`portion of the MP4 container file (another example of “an instruct-to-enable signal”)
`which, when decrypted, enables the decryption of the encrypted content.
`
`Case 3: When encrypted media content is downloaded to an iPod device, the
`corresponding user keys (yet another example of “an instruct-to-enable signal”) are
`also downloaded at the same time so that they could be stored in an encrypted key
`repository on the iPod.
`
`Case 4: Still another example of “an instruct-to-enable signal” (or a part thereof) is an
`AES Initialization Vector (IV) included in “iviv” field of the MP4 container file which
`is detected by the user device and subsequently used to obtain an initialization value
`necessary for the decryption of the master key. Thus, the AES Initialization Vector,
`either by itself or together with some or all of the exemplary instruct-to-enable signals
`in Cases 1-3, can be the “instruct-to-enable signal.”
`
`“2.2.2 Playing a Purchased Song
`The following steps occur when an iTunes client plays a purchased song [2].
`1. The user ID and the user key index are extracted from the protected m4p file on the
`client, and this information is sent to the iTunes server along with the system
`information.
`2. The iTunes server uses the user ID and the user key index to retrieve the user key
`from its key database. The server encrypts the user key using a system key generated
`from the system information and sends this encrypted key to the client.
`3. Upon receiving the encrypted user key, the client decrypts it using the system key.
`4. The client hashes the name and iviv atoms of the specific m4p file to obtain an
`initialization value.
`5. The key from step 3 and the initialization value from step 4 are used to decrypt the
`priv atom which yields the AES key—which is the key that was used to encrypt the
`
`A–8
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`APPLE EX. 1019
`Page 16
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
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`ASSERTED CLAIMS
`
`INFRINGEMENT
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`content.
`6. The key from step 5 and the initialization value are used to decrypt the mdat atom,
`which yields the audio stream that can then be played.”
`(R. Venkataramu, M. Stamp, P2PTunes: A Peer-to-Peer Digital Rights Management
`System, Handbook of Research on Secure Multimedia Distribution, IGI Global (March
`2009) [PMCAPL00049888 - PMCAPL00049912] at p. 7)
`
`A–9
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`APPLE EX. 1019
`Page 17
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
`
`ASSERTED CLAIMS
`
`INFRINGEMENT
`
`
`(R. Venkataramu, M. Stamp, P2PTunes: A Peer-to-Peer Digital Rights Management
`System, Handbook of Research on Secure Multimedia Distribution, IGI Global (March
`2009) [PMCAPL00049888 - PMCAPL00049912] at p. 4)
`
`A–10
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`APPLE EX. 1019
`Page 18
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`Exhibit A – Preliminary Infringement Claim Chart Concerning U.S. Pat. No. 8,191,091
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`ASSERTED CLAIMS
`
`INFRINGEMENT
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`passing said instruct-to-enable signal to a
`processor;
`
`
`(R. Venkataramu, M. Stamp, P2PTunes: A Peer-to-Peer Digital Rights Management
`System, Handbook of Research on Secure Multimedia Distribution, IGI Global (March
`2009) [PMCAPL00049888 - PMCAPL00049912] at p. 5)
`
`Case 1: The key reference information (“said instruct-to-enable signal”) from the MP4
`container file is passed to a processor in the user device which executes the iTunes
`and/or QuickTime applications (or iOS/MacOS software) in order to locate the
`matching user key.
`
`Case 2 / Case 4: To decrypt the master key using the matching user key, the user
`device has to pass the encrypted master key portion (“said instruct-to-enable signal”)
`of the container file, along with the AES Initialization Vector (or an initialization value
`derived therefrom), to a processor (or a decryptor which is a special-purpose
`processor).
`
`A–11
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`INFRINGEMENT
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`
`Case 3: When the iPod device attempts to playback an encrypted media file, it has to
`pass the matching user key (“said instruct-to-enable signal”) to a processor (or a
`decryptor which is a special-purpose processor) so that the encrypted master key
`portion of the MP4 container file can be decrypted with the user key.
`
`The Apple ’661 Patent [PMCAPL00048873 - PMCAPL00048892] confirms this media
`file playback procedure in FIG. 7 (“OBTAIN A USER KEY REFERENCE FROM
`THE SELECTED MEDIA FILE” 706 – Case 1; “OBTAIN AN ENCRYPTED
`RANDOM CONTENT KEY FROM THE SELECTED MEDIA FILE” 714 – Case 2;
`“LOCATE USER KEY IN LOCAL DATA STORAGE BASED ON THE USER KEY
`REFERENCE” 708 – Case 3):
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`A–12
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`
`See also citations for the step of “detecting” above.
`
`
`
`determining a fashion in which said
`receiver station locates a first
`decryption key by processing said
`instruct-to-enable signal;
`
`Case 1: With the key reference information (“said instruct-to-enable signal”), the user
`device then determines what user key is required and how and where to locate the
`matching user key (“a first decryption key”) in a secure key storage location accessible
`by the iTunes and/or QuickTime applications (or iOS/MacOS). In some instances, the
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`user key may not be available on the user device and has to be requested from Apple’s
`iTunes server (or key server) which maintains, for each user (i.e., Apple ID account-
`holder), a list of authorized machines, purchased content, and associated user keys.
`
`Case 2 / Case 3 / Case 4: Once the matching user key is obtained, the user device has
`to determine how to apply the user key along with the AES Initialization Vector in
`decryption of the encrypted master key portion of the MP4 container file in order to
`recover/locate a decrypted master key (an alternative example of “a first decryption
`key”).
`
`The Apple ’661 Patent [PMCAPL00048873 - PMCAPL00048892] confirms this media
`file playback procedure in FIG. 7 (“LOCATE USER KEY IN LOCAL DATA
`STORAGE BASED ON THE USER KEY REFERENCE” 708 – Case 1; “DECRYPT
`THE ENCRYPTED RANDOM CONTENT KEY WITH THE USER KEY” – Case 2 /
`Case 3):
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`locating said first decryption key based on
`said step of determining;
`
`Case 1: Using the key reference information, the user device locates the matching user
`key (“said first decryption key”) and retrieves it from the secure key storage location in
`the device or from the user keys downloaded to an iPod device. Alternatively, the user
`key may be located on and retrieved from Apple’s iTunes server (or key server), for
`example, when the particular user device is being used for the first time on protected
`content associated with the user’s Apple ID account. In either scenario, the located
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`user key may be in an encrypted form and therefore require decryption.
`
`Case 2 / Case 3 / Case 4: Once the corresponding user key has been identified, the
`encrypted master key portion of the MP4 container file can be decrypted and the
`master key (“said first decryption key”) is located in and obtained from the MP4
`container file. The encrypted master key is carried in the “priv” field (or atom) of the
`MP4 container file. Based on the container file format or structure, the user device has
`to detect the “priv” field first to obtain the encrypted master key portion and then
`attempt to decrypt it based on the user key and AES Initialization Vector.
`
`The Apple ’661 Patent [PMCAPL00048873 - PMCAPL00048892] confirms this media
`file playback procedure in FIG. 7 (“LOCATE USER KEY IN LOCAL DATA
`STORAGE BASED ON THE USER KEY REFERENCE” 708 or “SETUP USER
`ACCOUNT WITH MEDIA CENTER” 712 – Case 1; “DECRYPT THE
`ENCRYPTED RANDOM CONTENT KEY WITH THE USER KEY” 716 – Case 2 /
`Case 3)
`
`“2.2.2 Playing a Purchased Song
`The following steps occur when an iTunes client plays a purchased song [2].
`1. The user ID and the user key index are extracted from the protected m4p file on the
`client, and this information is sent to the iTunes server along with the system
`information.
`2. The iTunes server uses the user ID and the user key index to retrieve the user key
`from its key database. The server encrypts the user key using a system key generated
`from the system information and sends this encrypted key to the client.
`3. Upon receiving the encrypted user key, the client decrypts it using the system key.
`4. The client hashes the name and iviv atoms of the specific m4p file to obtain an
`initialization value.
`5. The key from step 3 and the initialization value from step 4 are used to decrypt
`the priv atom which yields the AES key—which is the key that was used to
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`decrypting said encrypted information
`using said first decryption key; and
`
`encrypt the content.
`6. The key from step 5 and the initialization value are used to decrypt the mdat atom,
`which yields the audio stream that can then be played.”
`(R. Venkataramu, M. Stamp, P2PTunes: A Peer-to-Peer Digital Rights Management
`System, Handbook of Research on Secure Multimedia Distribution, IGI Global (March
`2009) [PMCAPL00049888 - PMCAPL00049912] at p. 7)
`
`See also citations for the step of “determining” above.
`
`Case 1: The encrypted content (“said encrypted information”) is decrypted based
`indirectly on the matching user key (“said first decryption key”) located in the
`preceding step. Also, the encrypted master key (another example of “said encrypted
`information”) is decrypted based on the matching user key.
`
`Case 2 / Case 3 / Case 4: The encrypted content (“said encrypted information”) is
`decrypted based directly on the now decrypted master key (“said first decryption key”)
`located in the preceding step.
`
`The Apple ’661 Patent [PMCAPL00048873 - PMCAPL00048892] confirms this media
`file playback procedure in FIG. 7 (“DECRYPT THE ENCRYPTED MEDIA
`PORTION OF THE MEDIA FILE WITH THE RANDOM CONTENT KEY” 718).
`
`“2.2.2 Playing a Purchased Song
`The following steps occur when an iTunes client plays a purchased song [2].
`1. The user ID and the user key index are extracted from the protected m4p file on the
`client, and this information is sent to the iTunes server along with the system
`information.
`2. The iTunes server uses the user ID and the user key index to retrieve the user key
`from its key database. The server encrypts the user key using a system key generated
`from the system information and sends this encrypted key to the client.
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`3. Upon receiving the encrypted user key, the client decrypts it using the system key.
`4. The client hashes the name and iviv atoms of the specific m4p file to obtain an
`initialization value.
`5. The key from step 3 and the initialization value from step 4 are used to decrypt the
`priv atom which yields the AES key—which is the key that was used to encrypt the
`content.
`6. The key from step 5 and the initialization value are used to decrypt the mdat
`atom, which yields the audio stream that can then be played.”
`(R. Venkataramu, M. Stamp, P2PTunes: A Peer-to-Peer Digital Rights Management
`System, Handbook of Research on Secure Multimedia Distribution, IGI Global (March
`2009) [PMCAPL00049888 - PMCAPL00049912] at p. 7)
`
`
`
`(Rajaram Pejaver, Digital Rights Management: A Brief Introduction (November 2010)
`(http://pejaver.com/Papers/DRM.pps) [PMCAPL00049041 - PMCAPL00049055] at p.
`9)
`
`“Every iOS device has a dedicated AES 256 crypto engine built into the DMA path
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`INFRINGEMENT
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`between the flash storage and main system memory, making file encryption highly
`efficient.”
`(iOS Security, Apple White Paper (October 2014) [PMCAPL00050360 -
`PMCAPL00050409] at p. 9 – retrieved from
`https://www.apple.com/br/privacy/docs/iOS_Security_Guide_Oct_2014.pdf)
`
`
`(iOS Security, Apple White Paper (October 2014) [PMCAPL00050360 -
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`ASSERTED CLAIMS
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`INFRINGEMENT
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`outputting said programming based on
`said step of decrypting.
`
`PMCAPL00050409] at p. 4 – retrieved from
`https://www.apple.com/br/privacy/docs/iOS_Security_Guide_Oct_2014.pdf)
`
`In all cases, the decrypted content is outputted on or from the user device (e.g., a music
`clip, movie or TV show is played back, an e-book is laid out, an app is installed and its
`UI presented).
`
`The Apple ’661 Patent [PMCAPL00048873 - PMCAPL00048892] confirms this media
`file playback procedure in FIG. 7 (“PLAY THE MEDIA PORTION OF THE MEDIA
`FILE AT THE CLIENT MACHINE” 720).
`
`See “Apple Presentation on A8, A8X and M8 Processors, iPhone 6, and iPad Air 2”
`[PMCAPL00050303 - PMCAPL00050339] at p. 17 (outputs to touch screen display,
`headphones, and speakers):
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`Exhibit A – Preliminary Infringemen