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`SONYExhibit 1004 - Page 1812
`
`

`

`EXHIBIT
`RR
`
`SONYExhibit 1004 - Page 1813
`
`

`

`This document was prepared by Ron Goodman on 5/31/2010. It shows screenshots from
`the Oasim simulator which simulates the operation of a hardware MP3 playerthat
`incorporates the systems described in the 6,928,433 patent.
`
`The version of the Oasim simulator use to prepare these screenshots was compiled in
`C++on 11/3/1999 at 1:24PMin Scotts Valley, California:
`
`
`
`
`eeCOLLLheae
`
`File.
`Edit. View.
`Address | ae
`
`
`
`| data
`; (Playlists
`.
`: (3 Tracks
`; flDescription of TreeDef.inf.doc
`: i)File Structure.doc _
`|
`
`Boa 4
`
`TreeDef bin
`© TreeDefinf
`
`File Folder
`File Folder
`File Folder
`Microsoft Word Doc...
`Microsoft Word Doc...
`Application
`BIN File
`Setup Information
`
`5/31/2010 2:05 PM
`5/31/2010 2:05 PM
`5/31/2010 2:05 PM
`10/27/1999 9:29 PM
`8/2/1999 12:29 PM
`11/3/1999 1:24 PM
`11/12/1999 2:43 PM
`11/11}1999 1:54 PM
`
`Oasim uses a TreeDef.inf file to define the desired organizational hierarchy that should
`be presented to the user. These Oasim screenshots use the following TreeDef.inffile.
`
`
`
`
` ser
`
`Album |0x01]LN
`Artist |0#01/|HN
`Artist-Discograhy| 0x01|HLN
`Genre |0x01]GN
`Voice Tracks |0x02 [SGN
`Playlists|0x10|N
`Macros|0x08|N
`All Tracks |0x0?{|N
`
`} DOS, INS!Line:4/10|Cok26)
`
`we
`
`SONYExhibit 1004 - Page 1814
`
`

`

`
`
`This opening screen is dynamically built based on the TreeDef.inffile and showsthat a
`user can browseaudio by:
`Album, and then specific track(s) on the selected album
`Artist, and then track(s) by the selectedartist
`Artist, and then albums bythe selectedartist, and then track(s) on the album by
`the selected artist
`Genre of music, and then track(s) within that genre
`Voice(i.e. spoken) tracks, then by genre of spokentrack, and then the specific
`track(s)
`Playlists of tracks
`
`SONYExhibit 1004 - Page 1815
`
`

`

`As an example,first we browse by clicking on 1, then 2:
`
`
`SONYExhibit 1004 - Page 1816
`
`

`

`Clicking on the open button again, showsa list of tracks by the selected artist (Ferron).
`Clicking on the 1) Close button returnsto the list of Artists. Clicking on the 2) button
`adds the selected songto the currently playing playlist (or starts the song if no songs are
`playing yet). Clicking on 3) stops any currently playing music and immediately starts
`playing the selected song.
`
`
`
`
`Clicking Play on a track showsthe play screen and actually plays the song through the
`computer speakers (of the computer running the simulation).
`
`SONYExhibit 1004 - Page 1817
`
`

`

`Clicking on Q-List shows the currentplaylist and lets you dynamically add other songs
`
`Returning to the home page(by clicking Library), you can select another view of music-
`
`that you browseto.
`by-artist:
`In this view, we seealist of artists:
`Then, if we select the artist
`
`SONYExhibit 1004 - Page 1818
`
`

`

`
`whatplacesit in the hierarchy:
`
`Selecting a song and clicking Details showsdetailed information about the song(i.e.
`
`
`
`If you wanted to see a list of Artists with songs in that Genre, you could addaline to the
`TreeDef.inf file:
`
`Genre by Artist}(0x01|GMN
`
`SONYExhibit 1004 - Page 1819
`
`

`

`MCHUGH
`DECLARATION
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent No.:
`
`6,928,433
`
`Reexam Control No.:
`
`95/001,274
`
`Original Issue Date:
`
`August 9, 2005
`
`Examiner:
`
`STEELMAN, MARYJ.
`
`Original Serial No.:
`
`09/755,723
`
`Group Art Unit:
`
`Original Filing Date:
`
`January 5, 2001
`
`Confirmation No.:
`
`3992
`
`6990
`
`By:
`
`Ron Goodman, Howard N. Egan, David Bristow
`
`AUTOMATIC HIERARCHICAL CATEGORIZATION OF MUSIC BY
`For:
`METADATA
`
`Mail Stop /nter Partes Reexam
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`DECLARATION OF CRAIG MCHUGH UNDER37 CFR§ 1.132
`
`State of California
`
`I, Craig McHugh, being duly sworn, depose andsay:
`
`I am the president and chief operating officer of Creative Labs,Inc. (“Creative
`1.
`Labs”), which is incorporated underthe lawsof Califomia, and which hasits primary
`location in Milpitas, California. Creative Labs is a wholly ownedsubsidiary of Creative
`Technology Ltd., which is a public companyorganized underthe laws of Singapore.
`Another wholly owned subsidiary of Creative Technology Ltd. is the Creative Advanced
`Technology Center (“Creative ATC”), located in Scotts Valley, California. Throughout
`the remainder of this document, a reference to “Creative” alone means collectively
`Creative Technology Ltd., Creative Labs, and Creative ATC.
`
`Creative is one ofthe original pioneers in the field of portable media players
`2.
`(e.g., MP3 players). Much of Creative’s research and developmentactivity for portable
`media players was conducted by engineers and scientists working at Creative ATC.
`Operations at Creative Labs includesales, marketing, finance, operations, product
`management,testing and compliance.
`
`-l-
`
`13802935. t. LITIGATION
`
`SONYExhibit 1004 - Page 1821
`
`

`

`I joined Creative in November, 1993 to help build the company's worldwide
`3.
`original equipment manufacturing (“OEM”) business,and I subsequently served asvice
`president of Sales and Marketing.
`I served as general managerof Creative Labsstarting
`
`in January, 1996.
`
`I was promotedto president of Creative Labs on July 1, 1998. Prior to
`
`joining Creative, ] spent eight years at Trace, Inc., a disk manufacturer, where I held the
`
`position of vice president, Sales and Marketing.
`
`I have served on the Boards of THX,
`
`Cambridge SoundWorks,Trace Inc., and Nakamimichi USA.
`
`| earned a Bachelor of
`
`Science degree in Business Administration and a Bachelor of Arts degree in Economics
`
`from St. Mary's College in Moraga, California where I graduated magna cum laudein
`1980.
`
`4.
`
`In my capacity as president and chief operating officer of Creative Labs,I
`
`oversee strategic development and operations for sales, marketing and distribution of
`
`Creative's products in North America, South America and Europe. Since 1999, I have
`
`overseen operations for sales, marketing and distribution of a numberof portable media
`
`players sold by Creative, including the Creative NOMAD® Jukebox products and the
`
`Creative Zen products, which are further discussed below.
`
`5.
`
`Attached as Exhibit A is a copy of U.S. Patent No. 6,928,433 (the “433 Patent”),
`
`lam very familiar with the inventions claimed in the “433 Patent because they were used
`
`in Creative’s NOMAD®and Zen portable media players, which have enjoyed great
`
`commercial success, as well as in our current family of Zen portable media players. For
`
`reasons explained herein, the success of these Creative productsis directly attributable
`
`the advantagesof the inventions of the ‘433 Patent. Indeed, the ‘433 patent is well
`
`known throughoutthe entire portable media player industry as the “Zen Patent” because
`
`ofits association with the Zen portable mediaplayers.
`
`6.
`
`The inventions of the 433 Patent imparted easy to use navigational qualities that
`
`had not been present in other portable media players prior to the invention. These
`
`inventions were an essential elementto the efficient accessing of tracks on high capacity
`
`portable media players; they enabled the development, release, and commercialsales
`
`success of the Creative NOMAD®andZenportable mediaplayers as well as the
`commercial success of portable media players made by Creative’s competitors
`
`subsequentto the release of the Nomad Jukebox.
`
`-2-
`
`13802935.1.LITIGATION
`
`SONYExhibit 1004 - Page 1822
`
`

`

`As explained herein, the inventionsof the 433 Patent have been used in portable
`7.
`media players sold by Apple Computer, Inc. (“Apple”).
`In particular, the famous iPod
`
`products from Apple use the inventions claimed in the °433 Patent.
`
`| submit this declaration, along with the attached exhibits, in support of facts and
`8.
`evidence demonstrating that the inventions claimed in the '433 Patent have enjoyed great
`commercial success, and furtherthat the °433 Patent has been licensed to Apple.
`
`9.
`
`Also in this declaration, I will explain and provide evidence showingthat: (1) the
`
`inventions of the 433 Patent have been used in many of Creative’s NOMAD® and ZEN
`
`portable media players, and also in many portable media player products sold by Apple
`underthe brand name iPod; (2)the NOMAD®, ZEN,and iPod portable media player
`products have enjoyed great commercial success; and (3) the commercial success of the
`
`NOMAD®,ZEN, and iPod productsis attributed to the advantages provided by the
`
`inventions claimed in the *433 Patent for purposesofallowing a userto efficiently and
`
`intuitively organize and access a large numberof songs stored ona high capacity portable
`
`media player, which has a small display screen and limited controls.
`
`10.
`
`In preparation ofthis declaration, I have considered the following documents,
`
`which are attached hereto as exhibits listed below.
`
`Exhibit
`
`Document Description
`
`A
`
`U.S. Patent No. 6,928,433
`
`8 August 30, 2005 Press Release from Creative, entitled “CreativeAwardedU.S.
`
`Patent on Its Invention of User Interface for Portable Media Players”
`
`
`
`
`C
`
`F
`
`H
`
`January 5, 2000 Press Release from Creative, entitled “Creative Expands Nomad
`Family With New Portable Digital Audio Players”
`
`January 28, 2000 Press Release from Creative, entitled.“Creative Technology Posts
`Better Than Expected Q2 FY00 Earnings”
`
`September 18, 2000 Press Release from Creative, entitled ‘“‘Creative’s NOMAD
`Jukebox Hits The Road With Entire Music Collections”
`
`Transcript of Speech by Craig McHugh,President of Creative Labs, at the Press
`Conference Call on the ZEN Patent held on 30 August, 2005
`|
`|
`January 16, 2001 Press Release from Creative, entitled “Creative Ships 100,000"
`NOMAD Jukebox”
`
`May8, 2003 Press Release from Creative, entitled “Creative Technology Announces
`Third Quarter Fiscal 2003 Results In-Line With Expectations”
`October 25, 2002 Press Release from Creative, entitled “Creative Technology
`AnnouncesFirst Quarter FY 2003 Revenues And Operating Profit At Top End Of
`
`
`
`
`
`
`
`
`
`
`-3-
`
`13802935.1.LITIGATION
`
`SONYExhibit 1004 - Page 1823
`
`

`

`
`
`DocumentDescription
`
`Expectations”
`
`‘Best in Show’ Award”
`
`October 20, 2004 Press Release from Creative, entitled “Creative ZEN MICRO
`Wins‘Best of DigitalLife 2004’ Award”
`
`October 19, 2005 Press Release from Creative, entitled “Creative Zen Vision Wins
`‘Best of Show’ Award at DigitalLife 2005”
`
`Web-pages from Creative Website (www.creative.com) Listing Awards and
`Reviews of Creative Products for the Year 2002
`
`Web-pages from Creative Website (www.creative.com) Listing Awards and
`Reviews of Creative Products for the Year 2004
`
`Web-pages from Creative Website (www.creative.com) Listing Awards and
`Reviewsof Creative Products for the Year 2005
`
`Complaint Under Section 337 of The Tariff Act of 1930, As Amended,as filed with
`the International Trade Commission (“ITC”) by Creative Labs, Inc. and Creative
`Technology Ltd. on May 15, 2006.
`
`Response of Apple Computer, Inc. To The Complaint of Creative Labs, Inc. And
`Creative Technology Ltd., as filed with the ITC on July 6, 2006 under ITC
`Investigation No. 337-TA-573.
`
`Joint Motion To Terminate The Investigation Based On A Binding Term Sheet, as
`filed with the ITC on August 29, 2006 under ITC Investigation No. 337-TA-573
`
`“Inside look at Birth of the iPod,” Wired Magazine, July 21, 2004
`
`http://www. wired.com/gadgets/mac/news/2004/07/64286?currentPage=all
`
`“iPod UE: Loveit or hate it?” by Jason D. O'Grady, zdnet.com, June 9, 2006
`http://www.zdnet.com/blog/apple/ipod-ui-love-it-or-hate-it/2 14
`
`“Nokia to Introduce Digital Music Service,” by Eric Pfanner, August 30, 2007
`© 2007 The New York Times Company
`
`“Audio navigation for your iPod,” by Staska, May 4, 2006, unwiredview.com
`http://www. unwiredview.com/2006/05/04/apples-ipod-audio-interface/
`
`January 10, 2005 Press Release from Creative, entitled ‘Creative Zen Micro Photo
`Wins ‘Best of CES’ Award”
`
`January 9, 2006 Press Release from Creative, entitled “Creative ZEN VISION:M
`Wins ‘Best of CES’ in MP3 and Portable Video Category and Also Wins Overall!
`
`Vv
`
`WwW
`
`II.
`
`Creative was oneofthe first companies to invest in the research, development
`
`and commercialization of portable media players. Creative’s first portable media players,
`
`sold in the late 1990’s, used flash memory as a storage medium. One drawback ofthese
`
`players wasthat the storage capacity of flash memory waslimitedat that time to an hour
`
`or two of music. Creative envisioned the market potential for higher capacity portable
`
`-4.
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`13802935.1. LITIGATION
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`media players and began development of the NOMAD® Jukebox using a high capacity
`
`hard drive as the storage medium. See, e.g., Exhs. B, C, Dand E. The numberof songs
`
`that could be stored on this portable digital media player was dramatically greater than
`
`the flash based players. /d. However, the large numberof songs presented a significant
`
`technological hurdle - how to organize and efficiently access the large and rapidly
`
`growing numberof songs stored on these devices in view of their small display screens
`
`and limited controls.
`
`12.
`
`In addressing the above-described hurdle, and while developingthefirst
`
`NOMAD®Jukebox product, a team of Creative’s engineers at Creative ATC in Scotts
`
`Valley, California invented a user-friendly interface that provided efficiency and intuitive
`
`navigation for the organization and access of songs stored on a portable mediaplayer.
`
`See Exh. A. This invention led to a patent application that matured into the ‘433 Patent.
`
`See Exhs. A. and B; see also Exh. O at Jf 9-13, and exhibits 9-10.
`
`13.
`
`Portable media players available from Creative evolved from the now-dormant
`
`“NOMA D®”brand to the “Zen” brand. See, e.g., Exh. H. Upon personal knowledge
`and also upon information and belief, theNOMAD® Jukebox and Zen portable media
`player products have used the methods claimed in the ‘433 Patent to provide users with a
`convenientandefficient user interface for managing and accessing a large number of
`songs in a portable media player. See Exhs. A, B and F; Exh. O at 9f 9-13, and exhibits
`9-10.
`
`14.
`
`Uponpersonal knowledgeandalso upon information and belief, a numberof
`
`NOMAD®Jukebox products have used the methods claimed in the °433 Patent,
`
`including: NOMAD Jukebox 3; NOMAD Jukebox 2; and NOMAD Jukebox. See Exhs.
`
`A, B and F; see also Exh. O at f{] 9-13 and 42, and exhibits 9-10. These products are
`hereinafter referred to as the “‘NOMAD® commercial embodiments.”
`
`15.
`Uponpersonal knowledge and also upon information and belief, a number of Zen
`products have used the methods claimedin the °433 Patent, including: Zen Vision: M;
`Zen Sleek Photo; Zen Micro, Zen Micro Photo; Zen Vision; Zen Sleek; Zen Micro; Zen
`Touch; Zen Xtra; Zen NX; Zen 2 (NOMAD Jukebox Zen USB 2.0); and Zen (NOMAD
`Jukebox Zen). See Exhs. A, B and F; see also Exh. O at JJ 9-13 and 42, and exhibits 9-
`
`10. These products are hereinafterreferred to as the “Zen commercial embodiments.”
`Because the ‘433 Patent covers the Zen commercial embodiments, the -433 Patent has
`
`-5-
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`become knownin the field of portable media players as the “Zen Patent.” See Exhs. A, B
`
`and F,
`
`16.
`
`Creative first announced the release of the NOMAD® Jukebox and presented the
`
`first prototype devices at the ConsumerElectronics Show (“CES”) in January, 2000. See
`
`Exhs. C and D. With a 6GBstorage capacity, the Creative NOMAD® Jukebox could
`store “an entire music collection (over 150albums).” See Exhs. C, Eand F. The
`
`NOMAD®Jukebox presented at CES in January, 2000 practiced the invention of the
`
`°433 Patent.
`
`I was present at the Consumer Electronics Show in Las Vegas, NV in
`
`January of 2000, andIparticipated in presenting the NOMAD® Jukeboxto attendeesat
`
`the show. Even before Creative began shipping the NOMAD® Jukebox, it was already
`enjoyingcritical acclaim, including the Editor’s Choice award for technical innovation
`from Popular Mechanics magazine. See Exh. D.
`
`Creative began shipping the NOMAD®Jukeboxin the U.S. on September18,
`17.
`2000. See Exh. E. By January 16, 200],less than four monthslater, Creative
`
`announcedthatit had already shipped 100,000 units of the NOMADJukebox portable
`
`media players. See Exh. G. This demonstrates incredible commercial success becauseit
`
`is rare for a technologically forward product to sell so many units in such a short time
`period, even more impressive in view ofthe fact that the NOMADplayers wereat a price
`pointseveral times higher than the existing flash based mp3 players.
`
`18.
`
`By January of 2001, the NOMADJukebox had wonseveral awards, including:
`
`Product of the Year from etown.com; the CNETEditor's Choice award; and the
`
`prestigious Gadget of the Month award from PC Magazine. See Exh. G. The NOMAD®
`
`commercial embodiments continued to win awards in 2002, including Editor’s Choice
`awards from both PC Gamer and Computer Shopper. See Exh. L. The NOMAD®
`commercial embodiments also won numerous awardsin 2003, including Editor’s Choice
`
`awards from Computer Shopper and DV® magazine. See Exh. H.
`
`19.
`
`The NOMAD Jukebox Zen, which wassold primarily in 2003, was thefirst
`
`player to include the ‘‘Zen” branding. See, eg., Exhs. H andl. The NOMAD Jukebox
`
`Zen won awards in 2003 including highestratings from TechEdge magazine and Laptop
`
`magazine.
`
`/d.
`
`In 2004 and 2005, the Zen commercial embodiments won numerousprestigious
`20.
`awards worldwide, including: the Best of DigitalLife 2004 award in the Portable Music
`
`-6-
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`Player category; the Editor’s Choice Award from PC magazine;the “Best of Show”.
`
`awardin the “Portable Gear” category at the 2005 DigitalLife consumer show; the
`
`Editor’s Choice Award from Laptop magazine; and manyothers. See Exhs. J, K, M, N.
`
`21.
`
`In 2005, the Zen Micro Photo wonthe prestigious “Best of CES” 2005 award in
`
`the “Audio to Go” category. See Exh. V. The Zen Micro Photo includedal! the features
`
`‘ of the award-winning Zen Micro MP3player. /d.
`
`22.
`
`In 2006, the Zen Vision:M portable media player won the “Best of CES” 2006
`
`award in the MP3 and Portable Video category, and it also won the overall “Best in
`
`Show”award overentries from more than 2300 companies exhibiting at the 2006
`
`ConsumerElectronics Show. See Exh. W.
`
`23.
`
`The °433 patent(also called the “Zen Patent”) issued on August 9, 2005. See
`
`Exh. A. On August 30, 2005, I gave a speech at a press conference call conceming the
`
`Zen Patent. See Exhs. B and F.
`
`In that speech, I pointed out that Creative was one of
`
`the global leaders in the MP3 player market, and that Creative had been an innovator in
`
`the field of portable media players.
`
`/d. In the three fiscal quarters preceding this speech,
`
`Creative had sold more than six million MP3 players.
`
`/d.
`
`24.
`
`I believed in 2005, as I do now,that the commercial success of the NOMAD®
`
`and Zen commercial embodimentsis due to their use of the methods claimed in the Zen
`
`Patent. See Exh. F.
`
`I explained at the press conference on August 30, 2005 that the
`
`method claimed in the Zen patent enables users of portable media playersto efficiently
`
`andintuitively navigate and select from a large numberoftracks stored on a portable
`
`media player having a very small display screen.
`
`/d.
`
`| also stated that the claimed
`
`method was being used in many of the Creative ZEN and NOMAD Jukebox MP3
`players.
`/d.
`In addition, 1 announced on August 30, 2005 that some competing portable
`
`mediaplayers (i.e., the iPod and iPod mini sold by Apple Computer, Inc.) also practice
`
`the methods claimed in the 433 Patent.
`
`/d.
`
`. At the same press conference on August 30, 2005, I presented a series ofslides
`25.
`showing exactly how the Zen Micro MP3playerpractices an example of the hierarchical
`
`navigation method,as claimed in the ZEN Patent. See Exh. F. The example I covered
`
`illustrates how a user of the patented method may experience the user interface upon
`
`going from menutoartists, to albums,to a list of tracks.
`
`/d.
`
`| also explained that,
`
`alternatively, a user mightstart by selecting Genres from a display screen to show a
`
`-7-
`
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`listing of various genres, which could lead to a listing of artists, which could lead to a
`listing of albums and thento a listing of tracks. /d. The point was to show that the
`claimed methodis very intuitive and efficient in allowing a user to navigate and select
`
`from a large numberoftracks stored in a high capacity portable media player. /d.
`
`26.
`
`For overten years, I have closely watched the portable media players industry.
`
`In this time period, | have observed that the most successful portable media player
`
`products have been the onesusing the invention of the "433 Patent. These include
`
`Apple’s iPod products, which have largely doniinated the marketin recent years.
`
`27.
`
`In January 2001, Steve Jobs, the cofounder and CEO of Apple, approached a
`
`Creative employee, at the MacWorld tradeshowto extol the virtues of the NOMAD
`
`Jukebox. See Exh. O, 9 13. Mr. Jobs then discussed a possible meeting between Creative
`
`and Apple.
`
`/d. Shortly thereafter, on or about February 8, 2001, Creative met with
`
`Applerepresentatives, including Steve Jobs, to further explore ways in which the
`
`companies could work together. See Exh. O, { 14; Exh. P, 9 14. Creative showed Apple
`
`several prototype portable digital media players that showed the patented interface.
`
`/d.
`
`Then on October 23, 2001, Apple announcedthe introductionofits first iPod, having a
`
`user interface that practices the invention of the 433 Patent. See Exh. O, § 16; Exh. P,
`16; Exh. O, J 1, 17-18, and 28-35; and Exhibit 4. An Apple insider waslater quoted as
`saying “Apple also wanted a new interface, whichit designed in-house in about three
`months.” See Exh. R.
`
`28.
`
`On May15, 2006, Creative filed a “Complaint Under Section 337 of The Tariff
`
`Act of 1930, As Amended”(the “Complaint”) with the International Trade Commission
`
`(“ITC”) alleging that Apple Computer,Inc. (“Apple”) infringed the ‘433 Patent byselling
`and importing its iPod and iPod Nano products. See Exh. O, {4 1, 17-18, and 28-35.
`|
`personally verified and signed this Complaint. See Exh. O, Verification of Complaint.
`
`29.
`
`The Complaint shows how Apple’s iPod is covered by the “433 Patent. Along
`
`with the Complaint, Creative provided an exemplary claim chart showing infringement of
`
`claims | and 5 of the ‘433 Patent by Apple’s iPod. See Exh. O, ff 1, 17-18, and 28-35;
`
`and Exhibit 4. The claim chart attached as exhibit 4 to the Complaint shows how Apple’s
`
`iPod practices each and every element of claims | and 5 of the ‘433 Patent. Jd.
`
`30.
`
`The Complaint also shows how Creative’s NOMAD® commercial embodiments
`
`and Zen commercial embodiments are covered by the 433 Patent. Along with the
`
`-8-
`
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`Complaint, Creative provided a “Non-Exclusive List of Creative Products That Practice
`
`One of More of the Asserted Claims,” including claims 1 and 5. See Exh. O at Jf] 9-13
`
`In addition, Creative provided an exemplary claim chart showing
`and 42, and exhibit 9.
`how Creative’s Zen Vision:M™ portable MP3playerpractices at least claims 1 and 5 of
`
`the ‘433 Patent. See Exh. O at J§ 9-13 and 42, and exhibit 10.
`
`31.
`
`On July 6, 2006, Apple filed a “Response of Apple Computer, Inc. To The
`
`Complaint of Creative Labs, Inc. And Creative Technology Ltd.” (“Response”) in ITC
`Investigation No. 337-TA-573. See Exh. P. In the Response, Apple denied infringement
`based on its own interpretation of certain claim terms. See Exh. P, pp. 14-18.
`
`32.
`
`However, less than two monthsafter filing its Response in ITC Investigation No.
`
`337-TA-573, Creative and Apple reached an agreement under which Apple agreed to
`
`pay one hundred million dollars ($100,000,000) to Creative in exchangefor a license to
`
`the ‘433 Patent and other consideration, See Exh. Q, ff 6 and 13.
`
`33.
`Upon information and belief, and in my own opinion, the user interface of
`Apple’s iPod, which practices the inventionsofthe ‘433 Patent, has been the main
`
`driving force for the huge commercial success of the iPod. Other in the industry have
`
`cited the ease of use of the iPod user interface as the reason for its success. On June 9,
`2006, one industry follower stated:
`
`One of the reasons that the iPod is so successful, it can be argued, is because
`the interface is drop dead simple. So simple in fact that young children and
`seniors alike can pick it up with ease.
`
`See Exh. S, p. 1.
`
`34,
`
`On May4, 2006, another reviewerstated that “[o]ne of the key Factors in
`
`Apple’s iPod success was it’s convenient user interface for navigating through the
`
`huge music libraries stored inside the player.” See Exh. U, p. 1 (emphasis added).
`
`On August 30, 2007, another major manufacturer of portable media players —
`35.
`Nokia - announcedthat it would introduce a digital music service “along with an easier-
`
`to-use Apple-style mobile interface.” See Exh. T, p. 1 (emphasis added). As explained
`
`above, the commercial appeal of the iPod user interface is derived from the inventions of
`
`the ‘433 Patent, which allow a user to access songs in a logical and user-friendly manner.
`
`See Exh. O, ff 1, 17-18, and 28-35; and Exhibit 4.
`
`-9-
`
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`I declare that all statements made herein of my own knowledgeare true andthat
`
`all statements made on information and belief are believed to be true; and that these
`
`statements were made with knowledgethat willful false statements and the like so made
`
`are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the
`
`United States Code.
`
`Executed May 27, 2010 at Milpitas, California.
`
`CM
`
`Craig McHugh
`President and Chief Operating
`Officer Creative Labs, Inc.
`
`- 10
`
`13802935.1.LITIGATION
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`EXHIBIT
`A
`
`SONYExhibit 1004 - Page 1831
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`

`

`US 6,928,433 B2
`(10) Patent No:
`a2) United States Patent
`Goodmanctal.
`(45) Date of Patent:
`Aug. 9, 2005
`
`
`US006928433B2
`
`(54) AUTOMATIC HIERARCHICAL
`CATEGORIZATION OF MUSIC BY
`METADATA
`Inventors: Ron Goodman, Santa Cruz, CA (US);
`Howard N. Egan, Capitola, CA (US)
`
`(75)
`
`(73) Assignee: Creative Technology LTD, Singapore
`(SG)
`
`
`
`6/2001 DWeK visseeeccscscssseseees 84/609
`6,248,946 BL *
`4/2002 Burrows
`6,377,530 B1
`1/2003 Robbins... 386/46
`2003/0016940 Al *
`THER
`S
`0
`PUBLICATION
`Web page, Menta, Richard, “1200 Song MP3 Portable is a
`Milestone Player,” MP3 newswire.net, Jan. 11, 2000, 5
`pages, http://pjbox.com/newswire/.
`Web page on “MusicMatch Jukebox 4.0: Screen Shot 1,” PC
`Magazine, Jun. 17, 1999, 2 pages, http:/Aveb.archive.org/
`(*) Notice: Subject to any disclaimer, the termofthis—web20000226113655/www.zdnet.com/products/stories/re-
`patent is extended or adjusted under 35
`views/0,4161,2277814,00.htm!.
`U.S.C. 154(b) by 323 days.
`Web page, Norton, Patrick, “MusicMatch Jukebox 4.1, the
`Ultimate MP3 Utility,’ techtv, Sep. 17, 1999, 2 pages,
`http://www.techtv.com/freshgear/print/0,23102,2324631,
`00.html.
`Web page on “Can you carry your CD collection in your
`pocket? Yes, you can.” Compaq websile, 3 pages, http://
`research.compaq.com/SRC/pjb/, Printed on Apr. 30, 2004.
`.
`.
`* cited by examiner
`R
`Pri
`Examiner—Charles
`rimary Lxaminer—Narles Kones
`(74) Attorney, Agent, or Firm—Russell N. Swerdon;
`1
`LTD
`i
` CTeative Technology
`(57)
`ABSTRACT
`A method, performed by software executing on the proces-
`sor of a portable music playback device, that automatically
`files tracks according to hierarchical structure of categories
`to organize tracks in a logical order. A user interface is
`‘Utilized to change the hierarchy, view track names, and
`select tracks for playback or other operations.
`
`(21) Appl. No.: 09/755,723
`.
`(22) Filed:
`Jan. 5, 2001
`(65)
`Prior Publication Data
`US 2002/0147728 A1 Oct. 10, 2002
`(51) Unt, C0? neecececes eesteeceeeeenees GO06F 17/30
`Be Cle eescescseesssnneesececsseee 7107/4;
`707/3; 7
`:
`(62) US
`07/4; 7107/3; Merle
`(58) Field of Search ...cscccecnu-n 84/609, 601, 602,
`84/611-614; 707/104.1, 3, 4, 102; 386/46
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