IPR2014-00269
`Patent 6,233,736
`
`the Petition itself must identify the evidence to support Petitioner's
`
`constructions. Id.
`
`1. "automatically establishing, in response to a user• initiated
`command, a direct communication link with the online information
`source" (the "automatically establishing limitation')
`Petitioner asserts the ordinary and customary meaning of the
`
`automatically establishing limitation is "in response to a user initiated
`
`command, establishing a communication link to an online information
`
`source without the user performing additional steps." Pet. 7. We do not see,
`
`nor does Patent Owner point to, anything in the specification of the '736
`
`patent providing a definition for the automatically establishing limitation or
`
`any terms therein. Therefore, we agree with Petitioner that the automatically
`
`establishing limitation should be construed according to its ordinary and
`
`customary meaning, in light of the specification.
`
`We note that the '736 patent explains that existing media receiving
`
`and display systems (e.g., radio and television receivers) provide only
`
`limited access to interactive information providers. Ex. 1001, col. 1,11. 15-
`
`17. The '736 patent expounds that current systems may either display an
`
`Internet address the viewer can access using his computer or provide access
`
`to a single information source from the media provider (e.g., the broadcast or
`
`cable operator), leaving the media provider in control of selecting the
`
`information provider. Id. at col. 1,11. 17-29. The '736 patent also points out
`
`that, while systems providing interactive access "through a broadcast or
`
`cable television signal" exist, "such systems are limited in the access they
`
`7
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`NFLE Ex. 1002 - Page 154
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`NFLE 1002 - Page 155
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`Patent 6,233,736
`
`the Petition itself must identify the evidence to support Petitioner's
`
`constructions. Id.
`
`1. "automatically establishing, in response to a user• initiated
`command, a direct communication link with the online information
`source" (the "automatically establishing limitation')
`Petitioner asserts the ordinary and customary meaning of the
`
`automatically establishing limitation is "in response to a user initiated
`
`command, establishing a communication link to an online information
`
`source without the user performing additional steps." Pet. 7. We do not see,
`
`nor does Patent Owner point to, anything in the specification of the '736
`
`patent providing a definition for the automatically establishing limitation or
`
`any terms therein. Therefore, we agree with Petitioner that the automatically
`
`establishing limitation should be construed according to its ordinary and
`
`customary meaning, in light of the specification.
`
`We note that the '736 patent explains that existing media receiving
`
`and display systems (e.g., radio and television receivers) provide only
`
`limited access to interactive information providers. Ex. 1001, col. 1,11. 15-
`
`17. The '736 patent expounds that current systems may either display an
`
`Internet address the viewer can access using his computer or provide access
`
`to a single information source from the media provider (e.g., the broadcast or
`
`cable operator), leaving the media provider in control of selecting the
`
`information provider. Id. at col. 1,11. 17-29. The '736 patent also points out
`
`that, while systems providing interactive access "through a broadcast or
`
`cable television signal" exist, "such systems are limited in the access they
`
`7
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`NFLE Ex. 1002 - Page 154
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`NFLE 1002 - Page 155
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`IPR2014-00269
`Patent 6,233,736
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`provide to information sources directly available through the unitary cable or
`
`broadcast provider," whereas "the present invention facilitates direct
`
`automated user access to an unlimited number of online information
`
`providers through provider addresses." Id. at col. 2,11.59-67 (emphasis
`
`added); see also id. at col. 1 11. 29-32 ("[n]o system yet exists which
`
`provides automated and direct user access to online information providers
`
`through an address embedded in a video or audio program signal").
`
`While we conclude Petitioner's proposed construction uses a plain
`
`and ordinary meaning of the relevant terms, we determine it is not complete.
`
`In particular, Petitioner's proposed construction does not appear to provide
`
`any meaning for the recited term "direct." Therefore, based on the record,
`
`the broadest reasonable construction of the automatically establishing
`
`limitation is in response to a command from a user, establishing, without
`
`further input from the user, a communication link directly between the user-
`
`and the online information source. As seen in the above analysis, each of the
`
`limitations includes receiving a command initiated by a user, which then
`
`triggers the connection being established automatically.
`
`Additionally, we note that, while a communication link is established
`
`in response to a user command and with no further input required from the
`
`user, there is no limitation on when or how the communication link is
`
`established. Furthermore, while the communication link must be established
`
`directly between the user and the information source, one of ordinary skill in
`
`the art would have understood that Internet routing involves various
`
`8
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`NFLE Ex. 1002 - Page 155
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`NFLE 1002 - Page 156
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`
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`IPR2014-00269
`Patent 6,233,736
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`intermediaries inherent to Internet traffic routing. The direct connection
`
`merely implies that the user does not need to go "through" the provider of
`
`the video program or any other intermediary not inherent to Internet traffic
`
`routing.
`
`2. "so that the user has direct access to the online infirmation"
`(the "direct access limitation')
`
`Petitioner asserts the ordinary and customary meaning of the direct
`
`access limitation is "displaying online information without the user leaving
`
`the screen to access the online information." Pet. 7. Once again, we do not
`
`see, nor does Patent Owner point to, anything in the specification of the '736
`
`patent providing a definition for the direct access limitation or any terms
`
`therein. Therefore, we agree with Petitioner that the direct access limitation
`
`should be construed according to its ordinary and customary meaning, in
`
`light of the specification.
`
`We disagree with Petitioner's proposed construction. We are not
`
`directed to anything in the specification of the '736 patent that indicates
`
`"direct access to the online information" requires the system to display the
`
`online information to the user without the user leaving the screen to access
`
`the information. See id. As discussed above with respect to the
`
`automatically establishing limitation, the '736 patent indicates that direct
`
`access means that the user does not need to go through the program provider
`
`in order to access the online information. Therefore, the broadest reasonable
`
`construction of the direct access limitation is that the user has access to the
`
`online information directly from the online information source. Once again,
`9
`
`NFLE Ex. 1002 - Page 156
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`NFLE 1002 - Page 157
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`
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`IPR2014-00269
`Patent 6,233,736
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`this means that the system establishes a communication link directly
`
`between the user and the online. information source, without any intervening
`
`intermediary that is not inherent to Internet traffic routing.
`
`3. "means for indicating to the user that an address is available
`for extraction from said electronic signal"
`(the "indicating means")
`We agree with Petitioner that the indicating means should be
`
`construed in accordance with 35 U.S.C. § 112, ¶ 6.4 Moreover, we agree
`
`with the Petitioner that the function of the indicating means is stated clearly
`
`in the claim as "indicating to the user that an address is available for
`
`extraction," and does not need further explanation. Pet. 7. We also agree
`
`with Petitioner that the structure of the indicating means includes "a message
`
`or other indicator, or equivalents." Id.; Ex. 1001, 3:60-63. However, the
`
`specification of the '736 patent provides additional detail regarding the
`
`structure of the indicating means. Specifically, the structure of the
`
`indicating means is "a message displayed on a video screen, . . . a light, a
`
`sound or a wireless tactile indicator, e.g., vibrating wristband or clip-on unit
`
`. . . [or] a logo or message to be displayed for the user at points in the
`
`program which coincide with the presence of an embedded online
`
`information provider address" and equivalents thereof. Ex. 1001, 3:60-67.
`
`4 Section 4(c) of the Leahy-Smith America Invents Act, Pub. L. No. 112-29,
`125 Stat. 284 (2011) ("AIA"), re-designated 35 U.S.C. § 112, ¶ 6, as
`35 U.S.C. § 112(f). Because the '736 patent has a filing date before
`September 16, 2012 (effective date of AIA), we use the citation § 112, 4116.
`10
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`NFLE Ex. 1002 - Page 157
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`NFLE 1002 - Page 158
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`IPR2014-00269
`Patent 6,233,736
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`According to Patent Owner, the Petition cites only to Mr. Kramer's
`
`declaration and not to the specification of the '736 patent in support of
`
`Petitioner's proposed construction. Prelim. Resp. 5-6. While, in some
`
`instances, we may deny instituting review because the Petitioner does not
`
`cite to the appropriate evidence for support, we decline to do so in this case.
`
`Petitioner should have directly cited to the specification of the '736 patent,
`
`rather than citing to the declaration, which in turn cites to the relevant
`
`portion of the specification. However, Petitioner's failure to cite to the
`
`specification does not appear to be an attempt to circumvent the page limits.
`
`Moreover, the portion of the '736 patent cited in Mr. Kramer's declaration
`
`reveals the relevant structure without need for further analysis.
`
`4. "means for extracting an address associated with an online
`information source from an information signal embedded in
`said electronic signal, and for automatically establishing, in
`response to a user initiated command, a direct link with the
`online information source" (the "extracting and connecting
`means ')
`We agree with Petitioner that the extracting and connecting means
`
`should be construed in accordance with 35 U.S.C. § 112, 6. Petitioner
`
`asserts the ordinary and customary meaning of the function of the indicating
`
`means is "(i) extracting an address associated with an online information
`
`source from an information signal embedded in said electronic signal and
`
`(ii) automatically establishing, in response to a user initiated command, a
`
`direct link with the online information source." Pet. 7-8. For the same
`
`reasons as discussed above with respect to the indicating means, the function
`
`11
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`NFLE Ex. 1002 - Page 158
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`NFLE 1002 - Page 159
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`IPR2014-00269
`Patent 6,233,736
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`of the extracting and connecting means is stated clearly in the claim. We see
`
`nothing in the specification of the '736 patent to alter the proposed
`
`construction of the function of the extracting and connecting means nor a
`
`need for further explanation. We also agree with Petitioner's assertion that
`
`the structure of the extracting and connecting means is hardware and/or
`
`software. Id. at 8. According to the specification, the extracting and
`
`connecting means is an access controller including both an address extractor
`
`and a modem. Ex. 1001, Fig. 1, 5:43-6:7, 8:53-65. However, as identified
`
`in Mr. Kramer's declaration, the specification provides additional detail. Ex.
`
`1005 ill 38.
`
`Specifically, the address extractor portion of the extracting and
`
`connecting means is "hardware and/or software to detect, decode and store
`
`an address which has been embedded in a video or audio program signal."
`
`Ex. 1001, 5:45-47. The '736 patent also explains that there are multiple
`
`ways to detect an address signal, including detecting an address transmitted
`
`in the vertical blanking interface or other portion of a video signal. Id. at
`
`5:50-52. The '736 patent states that "[t]he details of the construction of
`
`address extractor 42 are well known in the art and need not be described in
`
`further detail." Id. at 6:5-7. The modem portion of the extracting and
`
`connecting means also is described as hardware and/or software that can
`
`automatically establish a direct digital communication link to the online
`
`information provider. Id. at 8:60-65. Therefore, the extracting and
`
`connecting means is hardware, software, or some combination of hardware
`
`12
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`NFLE Ex. 1002 - Page 159
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`NFLE 1002 - Page 160
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