UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`YOUTOO TECHNOLOGIES, INC.,
`
`Case No. 3:16-CV-00764-N
`
`Honorable David C. Godbey
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`
`
`
`
`v.
`
`
`
`
`
`
`TWITTER, INC.
`
`
`
`
`
`
`
`
`
`PLAINTIFF YOUTOO TECHNOLOGIES INC.’S MO62
`PRELIMINARY INFRINGEMENT CONTENTIONS
`
`Pursuant to Miscellaneous Order No. 62 (“MO62”) ¶3-1(a), Plaintiff Youtoo
`
`Technologies, Inc. (“Youtoo”) sets forth the following preliminary contentions with
`
`respect to infringement of the patents in suit, U.S. Patent No. 8,464,304 (“the ‘304
`
`patent”), entitled “Content Creation and Distribution System,” U.S. Patent No. 8,601,506
`
`(“the ‘506 patent”), entitled “Content Creation and Distribution System,” and U.S.
`
`Patent No. 9,083,997 (“the ‘997 patent”), entitled “Recording and Publishing Content on
`
`Social Media Websites,” (collectively "Patents-in-Suit"), by Defendant Twitter, Inc.
`
`(“Twitter”).
`
`These disclosures are based upon information publicly available to Youtoo.
`
`Thus, Youtoo’s investigation of the nature and extent of Twitter’s infringement is
`
`necessarily ongoing, and Youtoo reserves the right to supplement or modify these
`
`disclosures as new information becomes available through discovery or other
`
`Page 1 of 41
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`

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`investigation as provided in the Federal Rules of Civil Procedure and the Local Rules of
`
`this Court.
`
`1.
`
`Twitter has infringed at least claims 1, 4, 5, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19,
`
`20, 21, 22, 23, 24, 25, 26, 28, 29 and 30 of the ‘304 patent under 35 U.S.C. § 271(a) and (b).
`
`Twitter has infringed at least claims 1, 4, 5, 6, 7, 8, 11, 13, 14, 15, 23, 24, 25, 26, 29 and 30
`
`of the ‘506 patent under 35 U.S.C. § 271(a) and (b). Twitter has infringed at least claims
`
`20, 21, 22, 24, 31, and 32 of the ‘997 patent under 35 U.S.C. § 271(a) and (b).
`
`2.
`
`As presently advised, based upon publicly available information and
`
`Youtoo’s own investigation, the Twitter Accused Instrumentalities include Vine and
`
`Periscope. Additionally, based on publicly available information, Youtoo asserts that
`
`the Twitter app may also infringe one or more of the Patents-in-Suit. See, for example,
`
`https://support.twitter.com/articles/20172128#. At the present time, however, Youtoo
`
`does not have sufficient information to determine whether the Twitter app's video
`
`recording and sharing functionality uses Vine technology or Periscope technology and,
`
`as such, Youtoo has not formally accused the Twitter app at this time. Nonetheless,
`
`Youtoo intends to seek information regarding the Twitter app during discovery and
`
`may seek to amend its preliminary contentions to formally accuse the Twitter app, if
`
`appropriate.
`
`Twitter has infringed and is infringing, literally and under the doctrine of
`
`equivalents, at least claims 1, 4, 5, 8, 9, 11, 12, 13, 14, 15, 16, 22, 24, 25, 26, 28, 29 and 30 of
`
`Page 2 of 41
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`

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`the ‘304 patent under 35 U.S.C. § 271(a) through its operation of its video creation and
`
`distribution application Vine and under 35 U.S.C. § 271(b) through its inducement of
`
`others to operate and use Vine. Twitter has also infringed and is infringing, literally
`
`and under the doctrine of equivalents, claims 1, 4, 5, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20,
`
`21, 22, 23, 24, 25, 26, 28, 29 and 30 of the ‘304 patent under 35 U.S.C. § 271(a) through its
`
`operation of its video creation and distribution application Periscope and under 35
`
`U.S.C. § 271(b) through its inducement of others to operate and use Periscope.
`
`Twitter has infringed and is infringing, literally and under the doctrine of
`
`equivalents, at least claims 1, 4, 5, 6, 7, 8, 11, 13, 14, 15, 23, 24, 25, 26, 29 and 30 of the
`
`‘506 patent under 35 U.S.C. § 271(a) through its operation of its video creation and
`
`distribution application Vine and under 35 U.S.C. § 271(b) through its inducement of
`
`others to operate and use Vine.
`
`Twitter has infringed and is infringing, literally and under the doctrine of
`
`equivalents, at least claims 20, 21, 22, 24, 31, and 32 of the ‘997 patent under 35 U.S.C. §
`
`271(a) through its operation of its video creation and distribution application Periscope
`
`and under 35 U.S.C. § 271(b) through its inducement of others to operate and use
`
`Periscope.
`
`3.
`
`Exhibits A – D are claim charts identifying where each element of each
`
`asserted claim is found in the Accused Instrumentalities. A representative claim chart
`
`comparing the asserted claims of the ‘304 patent to Vine is attached as Exhibit A. A
`
`Page 3 of 41
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`

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`representative claim chart comparing the asserted claims of the ‘506 patent to Vine is
`
`attached as Exhibit B. A representative claim chart comparing the asserted claims of
`
`the ‘304 patent to Periscope is attached as Exhibit C. A representative claim chart
`
`comparing the asserted claims of the ‘997 patent to Periscope is attached as Exhibit D.
`
`These claim charts are based on a reasonable investigation of publicly-available
`
`information, and Youtoo reserves the right to supplement these charts based upon
`
`further discovery and investigation.
`
`4.
`
`As presently advised, Youtoo contends that each element of the asserted
`
`claims of the Patents-in-Suit is literally present in or practiced by the Twitter Accused
`
`Instrumentalities. Youtoo reserves the right to assert the doctrine of equivalents based
`
`on Twitter's non-infringement positions, information and materials produced during
`
`discovery, additional analysis of the Accused Instrumentalities, and/or the Court's
`
`construction of any disputed claim term or phrase.
`
`5.
`
`The
`
`‘304 is a continuation-in-part of U.S. patent application No.
`
`13/013,775, filed on January 25, 2011. The ‘304 patent was issued by the United States
`
`Patent and Trademark Office (“USPTO”) on June 11, 2013. As presently advised,
`
`Youtoo contends that the asserted claims of the ‘304 patent are entitled to a priority date
`
`at least as early as July 18, 2011.
`
`The ‘506 patent is a continuation of application No. 13/185,471, filed July 18, 2011,
`
`which is a continuation-in-part of application No. 13/013,775, filed January 25, 2011.
`
`Page 4 of 41
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`

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`The ‘506 patent was issued by the USPTO on December 3, 2013. As presently advised,
`
`the asserted claims of the ‘506 patent are entitled to a priority date at least as early as
`
`July 18, 2011.
`
`The ‘997 patent is a continuation of application No. 13/475,765, filed on May 18,
`
`2012, now Patent No. 8,311,382, which claims priority to provisional application No.
`
`61/644,409 filed May 9, 2012. The ‘997 patent was issued by the USPTO on July 14, 2015.
`
`As presently advised, Youtoo contends that the asserted claims of the '997 patent are
`
`entitled to a priority date as least as early as May 9, 2012.
`
`6.
`
`As presently advised, the Youtoo products which practice the asserted
`
`claims of the Patents-in-Suit are indicated in Exhibit E.
`
`
`
`Respectfully submitted,
`
`
`
`
`/s/ Olivia Luk Bedi
`Jonathan T. Suder (Texas State Bar No. 19463350)
`Todd I. Blumenfeld (Texas State Bar No. 24067518)
`FRIEDMAN, SUDER & COOKE
`Tindall Square Warehouse No. 1
`604 East Fourth Street, Suite 200
`Fort Worth, Texas 76102
`jts@fsclaw.com, blumenfeld@fsclaw.com
`Main: (817) 334-0400
`Fax: (817) 334-0401
`
`Paul K. Vickrey (N.D. Texas Bar No. 90393IL)
`Olivia Luk Bedi (pro hac vice)
`Laura A. Kenneally (pro hac vice)
`Gretchen L. Schmidt (pro hac vice)
`NIRO LAW, LTD.
`181 W. Madison, Suite 4600
`Chicago, Illinois 60602
`
`Page 5 of 41
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`

`

`Main: (312) 236-0733
`Fax: (312) 236-3137
`Vickrey@niro.law, obedi@niro.law,
`lkenneally@niro.law, gschmidt@niro.law
`
`Attorneys for YoutooTechnologies, LLC
`
`
`
`Page 6 of 41
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`

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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on August 26, 2016 the foregoing
`
`PLAINTIFF YOUTOO TECHNOLOGIES, INC.'S MO62
`PRELIMINARY INFRINGEMENT CONTENTIONS
`
`was served upon the following counsel of record via electronic transmission.
`
`
`
`Sonal N. Mehta (pro hac vice)
`Laura E. Miller (pro hac vice)
`James S. Tsuei (pro hac vice)
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, California 94111
`Email: smehta@durietangri.com
`Email: lmiller@durietangri.com
`Email: jtsuei@durietangri.com
`Tel.:
`(415) 362-6666
`Fax:
`(415) 236-6300
`
`David L. McCombs
`Charles M. Jones II
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Email: david.mccombs@haynesboone.com
`Email: charlie.jones@haynesboone.com
`Tel.:
`(214) 651-5000
`Fax:
`(214) 651-5940
`
`Counsel for Twitter, Inc.
`
`
`
`
`
`
`
`
`/s/ Olivia Luk Bedi
`Attorneys for Plaintiff
`NIRO LAW
`
`
`
`
`
`Page 7 of 41
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`

`

`Ex. B to You too's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Exhibit B
`
`Youtoo's Preliminary Infringement Contentions
`Infringement of U.S. Patent No. 8,601,506 by Twitter's Vine
`
`Page 8 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 1
`A method performed by data processing
`apparatus, the method comprising:
`
`Vine
`Twitter has infringed claim 1 of Ll.S. Patent No. 8,601,506 (the '506 patent) under 35 U.S.c.
`§ 271(a) and (b) through its operation, use, sale, and offering of its video sharing service
`Vine, and its inducement of others to practice the invention. Vine consists of a service
`that run on host servers and an app that runs on an Android, Windows or iOS client
`device.
`
`receiving video data from a client
`computing device at a server system,
`
`Vine receives video data at a server system from a client computing device such as an
`Android, Windows or iOS smartphone.
`
`To determine which server receives the video data, the Charles Web Debugging Proxy
`Application" was used to monitor transmissions from a client device running Vine. From
`the trace results, it was determined that the Vine client app uploads data to
`http://media. vineapp.com.
`
`Executing the standard Internet "tracert" inquiry shows this to be a server at IP address
`54.225.188.150.
`
`C: \ Users \ Owner>tracert www.vineapp.com
`Tracing route to www.vineapp.com [54.225.166.150]
`
`This appears to be a facility in Ashburn, Virginia where the ISP is listed as "Amazon
`Technologies."
`
`1 https:llwww.charlesproxy.com/
`
`Page 9 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`wherein the video data is captured using a
`camera communicably coupled to the
`client computing device in accordance
`with instructions executed on the client
`computing device,
`
`As shown in the screenshots below (taken during the installation of the Vine app on,
`respectively, an Android and an lOS smartphone), the Vine app requires access to the
`camera on the device:
`
`Vine includes an app that runs on the smartphone: Android, Windows or iOS.
`
`Cl fl Ii1 Ii1
`
`t 1m ~ "f
`
`737 PM
`
`, e vine- video entertainment
`
`needs access to
`
`Identity
`.&
`~ Contacts
`iii location
`I'l SMS
`~ Photos/Media/Files
`!~ Camera
`"- Microphone
`o Device ID & call
`
`information
`[?] Other
`
`GooglePlay
`
`.++;.
`
`Figure 1 Android Installation
`
`Figure 2 iOS Installation
`
`Vine requires the user to grant
`access to the camera on the
`Android
`
`Vine requires the user to grant
`access to the camera on the iOS
`device
`
`The computer instructions in the Vine app use the camera to capture video data
`
`2
`
`Page 10 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`wherein the instructions are provided to
`the client computing device by the server
`system and cause the video data to be
`captured in accordance with
`predetermined constraints and the
`predetermined constraints include a video
`length defined by the instructions, with
`the video length predefined at the server
`system in accordance with a time slot in a
`linear television programming broadcast;
`
`Vine is an app that consists of instructions written in a computer language appropriate to
`the client device. Apps are written for a specific operating system such as the Android
`Operating System, Windows or lOS and distributed through a process whereby they are
`uploaded to an OS-specific distribution server system such as the iTunes Store or Google
`Play host and then requested by the users of client devices that run that particular
`operating system. The instructions, thus, are provided to the client computing device by
`a server system.
`
`Per Twitter's own description, Vines are limited to 6 seconds":
`Today, we're introducing Vine: a mobile service that lets you capture and share short looping
`videos. Like Tweets, the brevity of videos on Vine (6 seconds or less) inspires creativity. Now
`that you can easily capture motion and sound, we look forward to seeing what you create.
`
`transcoding the video data, using a server
`included in the server system, into at least
`one different format,
`
`Vine co-founder Colin Kroll has publicly acknowledged? that Vine automatically
`transcodes the video data, first into H.264 format and then, subsequently transcodes the
`video on the server into at least one different format for use at different bit rates:
`
`M\'ile begin the [video] cJtCodllng process bl VIIlIi !IS 110011 !IS you stru1.
`reeordim [ .. dip]. Since w·s're ,e!t'(Xldi!1.g (0 h,z64, we aho benefit from
`lillrdware eceeleranon ill the iPholle and irod Toucb ehipsets. Y~deos that
`are ul:t!oetl'~ til VlM are tmnseoded to different bit rates on am servers fur
`differeut connectivity seeaarios,"
`
`2 https:/ Iblog. twitter.com/2013/vine-a-new-way-to-share-video
`J h ttps:! Iwww.technologyreview.com/s/51 0511/how -vine-sa tisfies- its-need -fo r -speed/
`3
`
`Page 11 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`wherein at least one format of the
`transcoded video data defines a video file
`in a format appropriate for inclusion in the
`linear television programming broadcast;
`and
`
`I\.s described above, Vine encodes the video file to H.264 format (MPEG-4 part 10, a block(cid:173)
`oriented motion-compensation-based
`video compression standard that is currently one of
`the most commonly used formats for the recording, compression and distribution of video
`content.) H.264 is one of the formats appropriate for inclusion in a linear television
`programming broadcast.
`
`The practical use of Vine to create content that is included in a linear television
`programming broadcast was demonstrated at least on March 13, 2015, when The Tonight
`Show Starring Jimmy Fallon promoted a contest by giving fans a chance to win a new car
`by entering a rap video on Vine showing why they needed a new Lexus.
`
`"Sponsor may choose to broadcast on-air:' and/or display on the Website a selection
`of Entries and/or Videos, as determined by Sponsor in their sole discretion."
`
`4 http://www.nbc.com/the-tonigh t -show /blog/the-tonight -show-l exus- vine-challenge-offi cial- m usic/115196
`4
`
`Page 12 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`transferring the transcoded video data to a
`distribution server for distribution.
`
`As described above, the Vine client app initially uploads data to
`http://media.vineapp.com (IP address 54.225.188.150, a server located in the Amazon
`facility in Ashburn Virginia; Amazon Technologies is listed in Whois as the ISP), where,
`per Vine co-founder Colin Kroll, the video is transcoded at least for differing bit rates. 5
`
`"Vt.'e beg,ln the rvtd~o] et:U'od1lllg process In Vill!!l1lS soon as ~'{)U sla.11
`r~roillg [$ clip]. Since we·re eJlwding to h.a64, w-e ~lsQ benefit ·(I'rm\
`hardware accelerntlcn in the 1Phoo.e and i:r:od Touch c111p8ets:. VideDs that
`lIi~e uplJm!al!c] to ViQ!! are tmn$A;odl!d to, different bit rates 00 (Jut !ieIV@T.5for
`differeIJ Ie cOflnectivit':fsOOn.ariOO."
`The videos, after transcoding, are then made accessible through a distribution server, for
`example through servers at https://vine.co.
`
`A standard Internet TraceRt inquiry shows this to be IP address 23.21.231.154.
`C: \ Users \ Owner>tracert www.vine.co
`Tracing route to www.vine.co [23.21.231.154]
`
`This is a server that appears to be located in the Amazon facility in Ashburn, Virginia
`(Amazon. com, Inc. is listed as the ISP.) The data, thus, has been uploaded after
`transcoding to a distribution server(s) at the Internet address 23.31.231.154 for
`distribution.
`
`5 https:/ /www.technologyreview.com/s/51
`
`0511/how -vine-sa tisfies- its-need -for-speed/
`5
`
`Page 13 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 4
`The method of claim 1 wherein the
`instructions executed on the client
`computing device are included in an
`application installed on the client
`computing device.
`
`Contentions
`Twitter has infringed claim 4 of u.s. Patent No. 8,601,506 (the '506 patent) under 35 U.S.c.
`§ 271(a) and (b) through its operation, use, sale, and offering of its video sharing service
`Vine, and its inducement of others to practice the invention.
`
`The Vine application is "an application installed on the client computing device." The
`Vine app is available for the Android devices from the Google Play store, for Windows
`devices from the Windows store and for iOS devices from the iTunes Store.
`
`6
`
`Page 14 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 5
`The method of claim 1 wherein at least a
`portion of the video data is buffered on
`the client computing device using scripts
`included in the instructions executed on
`the client computing device based on
`bandwidth constraints for transmitting the
`video data from the client computing
`device.
`
`Contentions
`
`Reduce cellular data usage
`Lowers the playback quality when not on Wir-j
`
`Reduce storage usage
`Increases the data usage to reduce storage
`usage
`
`Twitter has infringed claim 5 of U.S. Patent No.
`8,601,506 (the '506 patent) under 35 u.s.c. § 271(a)
`and (b) through its operation, use, sale, and offering
`of its video sharing service Vine, and its inducement
`of others to practice the invention.
`
`For example, in at least the iPhone version of the
`app, the user can configure the app to balance
`bandwidth and storage usage, as shown in the
`screen capture to the left.
`
`Upon information and belief, additional buffering is
`performed during upload. As appropriate, You too
`will supplement these contentions based on
`discovery.
`
`Ia
`
`Hom!)
`
`0,
`
`a4 ,i..'
`
`,t
`
`7
`
`Page 15 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 6
`The method of claim 1 wherein the
`predetermined constraints include a bit
`rate and an image resolution sufficient to
`enable transcoding of the video data into
`the format appropriate for inclusion in the
`linear television programming broadcast.
`
`"
`
`Contentions
`Twitter has infringed claim 6 of U.S. Patent No. 8,601,506 (the '506 patent) under 35 U.s.c.
`§ 271(a) and (b) through its operation, use, sale, and offering of its video sharing service
`Vine, and its inducement of others to practice the invention.
`
`As disclosed by Vine co-founder Colin Kroll>, Vine encodes the video file to H.264 format
`(MPEG-4 part 10, a block-oriented motion-compensation-based video compression
`standard that is currently one of the most commonly used formats for the recording,
`compression and distribution of video content.) H.264 is one of the formats appropriate
`for inclusion in a linear television programming broadcast.
`
`The practical use of Vine to create content that can be included in a linear television
`programming broadcast was demonstrated at least on March 13, 2015, when The Tonight
`Show Starring Jimmy Fallon promoted a contest by giving fans a chance to win a new car
`by entering a rap video on Vine showing why they needed a new Lexus.
`
`"Sponsor may choose to broadcast on-air and/or display on the Website a selection
`of Entries and/or Videos, as determined by Sponsor in their sole discretion." 7
`
`" https:/ /www.technologyreview.com/s/51
`7 http://www.nbc.com/the-tonight-show
`
`-for-speed
`0511/how-vine-satisfies-its-need
`/blog/ the- tonigh t -show-lexus- vine-challenge-offi cial- m usic/115196
`8
`
`Page 16 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 7
`The method of claim 1 wherein
`transcoding the video data includes using
`a predetermined automated transcoding
`workflow corresponding to the
`predetermined constraints to transcode
`the video data into the transcoded video
`data.
`
`Contentions
`Twitter has infringed claim 7 of U.S. Patent No. 8,601,506 (the '506 patent) under 35 U.S.c.
`§ 271(a) and (b) through its operation, use, sale, and offering of its video sharing service
`Vine, and its inducement of others to practice the invention.
`
`Vine co-founder Colin Kroll has also publicly acknowledged that a predetermined
`automated workflow is executed to first transcode the video to H.264 and then to
`transcode the videos to different bit rates for different connectivity scenarios, and that this
`happened automatically:"
`
`"We begin tbe [vLdeG] cltCOOIng. process III Vine as :!iDOIl as you 81:1111
`recoroi"g [3 clip). Sillt:e ""'e"n;>: ellwding to 11.2(>4, \'II;l a]5Q bellefit .fr()Pll
`hard1.~'lJjte acce!erdti(}ll in the iPhooe and iP·od Touch cbiptliets. VIdeos that
`am u];J'ldl!d:ed 1;0 Vine are transceded to di.ff~.run.t bit rates 0111 aut se.I"."cr;S for
`different cOEll'leel:ivity scenarios,'
`
`Claim 8.
`Contentions
`:,'
`The method of claim 1 wherein
`Twitter has infringed claim 8 of U.S. Patent No. 8,601,506 (the '506 patent) under 35 U.S.c.
`transcoding the video data includes
`§ 271(a) and (b) through its operation, use, sale, and offering of its video sharing service
`transcoding the video data into a plurality Vine, and its inducement of others to practice the invention.
`of different video file formats.
`
`As disclosed by Vine co-founder Colin Kroll, the Vine video is trans coded to H.264: 9
`
`8 http s:llwww.technologyreview.com/s/51
`9 https:llwww.technologyreview.com/s/51
`
`0511/how-vine-sa tisfies-i ts-need -for -speed/
`0511/how-vine-satisfies-its-need-for-speedl
`9
`
`Page 17 of 41
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`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`Claim 8
`
`Contentions
`
`.'.
`
`~We b~gln the (\>fdecr] en('odllig, process III Vine as soon !t!Ilrou start
`recording [a clip]. Silloo we're eJ:]}ooding to h-:2.64, we .~5.0 benefit from
`hard'Wllre acceleranon in the fPhcone and !Pud Touch c:.blp;rets. Videos lil.3Jt
`!Ire uplDBdJru:l to Vine !lIC trunscoded to different bit rnh:':S Of! (lim servers fur
`differeut COl:1llectivity SreI13:rioo.·'
`
`Upon information and belief, the Vine app also converts videos into at least .mp4 format.
`As appropriate, Youtoo will supplement these contentions based on discovery obtained
`during discovery.
`
`10
`
`Page 18 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. You too reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 11
`The method of claim 1 wherein the video
`data is received in response to a request to
`submit content for potential inclusion in a
`linear television programming broadcast.
`
`Contentions
`Twitter has infringed claim 11 of U.S. Patent No. 8,601,506 (the '506 patent) under 35
`U.s.c. § 271(a) and (b) through its operation, use, sale, and offering of its video sharing
`service Vine, and its inducement of others to practice the invention.
`
`The practical use of Vine to create content that can be included in a linear television
`programming broadcast was demonstrated at least on March 13, 2015, when The Tonight
`Show Starring Jimmy Fallon promoted a contest by giving fans a chance to win a new car
`by entering a rap video on Vine showing why they needed a new Lexus.
`
`"Sponsor may choose to broadcast on(cid:173)
`air and/or display on the Website a
`selection of Entries and/or Videos, as
`determined by Sponsor in their sole
`discretion." 10
`
`For example, as shown in the adjacent
`image, each of the users submitted a
`Vine video (user submission content
`file) to The Tonight Show Lexus Vine
`Challenge #tonigh tshow lexuscontest,
`for inclusion in a linear television
`programming broadcast"
`
`10 http://www.nbc.com/the-tonight-showlblog/the-tonight-show-lexus-vine-challenge-official-musicI115196
`11 https://vine.co/search/%23tonightshowlexuscontest
`
`11
`
`Page 19 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 13
`The method of claim 1 wherein the
`predetermined constraints include a frame
`rate for the video data, with the frame rate
`defined by the instructions.
`
`Contentions
`.. '
`Twitter has infringed claim 13 of U.S. Patent No. 8,601,506 (the '506 patent) under 35
`U.s.c. § 271(a) and (b) through its operation, use, sale, and offering of its video sharing
`service Vine, and its inducement of others to practice the invention.
`
`Vine co-founder Colin Kroll has stated publicly" that "Videos on Vine" are recorded
`according to a pre-determined constraint of 480x480 pixels and that frame rates are
`recorded at a rate that is constrained between 22 and 30 Frames Per Second (FPS):
`
`The instructions in the app include predetermined constraints such as image size (480 x
`480) and frame rate. Vine co-founder Colin Kroll has stated publicly" that "Videos on
`Vine" are recorded according to a pre-determined constraint of 480x480 pixels and that
`frame rates are recorded at a rate that is constrained between 22 and 30 Frames Per
`Second (FPS):
`
`'·vtdJeolii Oil Ville Il(;;'. recorded lilt 48oS:4S0 tlC!iiJl!J, IDe H~64 cooP-C. 'l1Ie frame
`rate is variable, depending en your device and Hghoog eoudnlons, bl3Jt
`grull!lrnlly cl.()ckil III around 22"3oF'!'S. w
`
`12 https:/ /www.technologyreview.com/s/51 0511/how-vine-satisfies-its-need-for-speed/
`13 h ttps:/ /www.technologyreview.com/s/51
`0511/how- vine-sa tisfies- i ts- need-for -speed/
`12
`
`Page 20 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 14
`The method of claim 1 wherein the
`instructions further cause a recording time
`remaining to be displayed on the client
`computing device in accordance with the
`defined video length as the video data is
`captured.
`
`Vine
`Twitter has infringed claim 14 of u.s. Patent No. 8,601,506 (the '506 patent) under 35
`U.s.c. § 271(a) and (b) through its operation, use, sale, and offering of its video sharing
`service Vine, and its inducement of others to practice the invention.
`
`This teal "bar" at the top of the "Vine app UI" moves from left
`to right indicating the time of the recording as the user
`continues to hold down the record button.
`
`When the bar is all the way to the right, it represents 6 seconds
`of total record time, which is presently the maximum Vine
`video length.
`
`13
`
`Page 21 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`Claim 15
`The method of claim 1 wherein the video
`length is defined at the server system for a
`plurality of users.
`
`Vine
`Twitter has infringed claim 15 of U.S. Patent No. 8,601,506 (the '506 patent) under 35
`U.S.c. § 271(a) and (b) through its operation, use, sale, and offering of its video sharing
`service Vine, and its inducement of others to practice the invention.
`
`Twitter discloses that the length of a Vine video is fixed at 6 seconds."
`
`Today, we're introducing Vine: a mobile service that lets you capture and share
`short looping videos. Like Tweets, the brevity of videos on Vine (6 seconds or less)
`inspires creativity. Now that you can easily capture motion and sound, we look
`forward to seeing what you create.
`
`The same Vine app is distributed to a plurality of users with the same operating system
`from the same host. Given that the control for the video length is necessarily part of the
`app, the length of the video is defined at the host for a plurality of users.
`
`14 https./ Iblog. twitter.com/2013/vine-a-new-way-to-share-video
`
`14
`
`Page 22 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrumentalities.
`
`"
`
`Claim 23
`A non-transitory computer storage
`medium encoded with a computer
`program, the program comprising
`instructions that when executed by data
`processing apparatus cause the data
`processing apparatus to perform
`operations comprising:
`
`-
`-
`Vine
`Twitter has infringed claim 230f u.s. Patent No. 8,601,506 (the '506 patent) under 35
`U.s.c. § 271(a) and (b) through its operation, use, sale, and offering of its video sharing
`service Vine, and its inducement of others to practice the invention.
`
`Vine consists of a program ("app") for Android, Windows or iOS device that is composed
`of computer instructions that are executed on the user's smartphone. During the
`installation process, the computer instructions for the app are stored on the smartphone
`on a non-transitory storage medium.
`
`The app portion of Vine is a "program comprising instructions that when executed by
`data processing apparatus cause the data processing apparatus to perform [the]
`operations" of this claim, as described below.
`
`15
`
`Page 23 of 41
`
`

`

`Ex. B to Youtoo's M062 3-1 Preliminary Infringement Contentions. Youtoo reserves the right to supplement these contentions as
`discovery progresses, including, upon receipt of documents and testimony concerning the structure, function, and operation of the
`Accused Instrument