`
`
`
`
`
`CustomPlay
`CustomPlay
`Exhibit 2012
`Exhibit 2012
`
`

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`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 1 of 50
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`
`Plaintiff,
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CASE NO. 9:17-cv-80884-KAM
`
`CUSTOMPLAY, LLC,
`
`
`
`v.
`
`AMAZON.COM, INC.,
`
`Defendant.
`
`______________________________/
`
`
`DECLARATION OF DR. CLIFFORD READER
`
`I, Dr. Clifford Reader, being over the age of eighteen, hereby declare:
`
`
`
`
`1.
`
`I am making this declaration at the request of CustomPlay, LLC (“CustomPlay”)
`
`in support of its request for a preliminary injunction against Amazon.com, Inc. (“Amazon”).
`
`2.
`
`I am being compensated for my work in this matter at my standard hourly rate of
`
`$600 for consulting services. My compensation in no way depends on the outcome of this
`
`proceeding or the content of my testimony.
`
`I.
`
`SUMMARY
`
`3.
`
` I have been asked to render an opinion whether Amazon’s X-Ray feature literally
`
`infringes claims 4, 14, and 17 of United States Patent No. 8,494,346 (“the ’346 patent”), claim
`
`19 of United States Patent No. 9,124,950 (“the ’950 patent”), and claim 19 of United States
`
`Patent No. 9,380,282 (“the ’282 patent”) (collectively, the “Subject Claims”). Based on my
`
`education, training, and experience, and following my consideration of the materials as described
`
`in detail in this Declaration, it is my opinion that Amazon’s X-Ray feature does literally infringe
`
`each of the Subject Claims.
`
`4.
`
`I have also been asked to render an opinion whether it would pose a hardship for
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 2 of 50
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`Amazon to disable the infringing features of its system. Based on my education, training, and
`
`experience, and following my consideration of the materials as described in detail in this
`
`Declaration, it is my opinion that requiring Amazon to disable the infringing features would not
`
`pose any hardship whatsoever.
`
`II.
`
`INFORMATION CONSIDERED IN FORMING OPINION
`
`5.
`
`In forming my opinion, I have reviewed and considered the following documents:
`
`a. The ’346 patent, entitled “Identifying a Performer During a Playing of a Video”;
`
`b. The ’950 patent, entitled “Providing Item Information Notification During Video
`
`Playing”;
`
`c. The ’282 patent, entitled “Providing Item Information During Video Playing”;
`
`d. The prosecution history for the ’346 patent;
`
`e. The prosecution history for the ’950 patent;
`
`f. The prosecution history for the ’282 patent; and
`
`g. CustomPlay’s Complaint in this action.
`
`6.
`
`In addition to these documents, I have relied on the following materials:
`
`a. Amazon Fire TV;
`
`b. Amazon Fire HD 8 tablet and specifications;
`
`c. Amazon Prime membership; and
`
`d. Furious 7 feature film download.
`
`III.
`
`PROFESSIONAL BACKGROUND
`
`7.
`
`I have over 40 years of experience in digital video processing. Information
`
`concerning my professional qualifications, experience, and publications, and the matters in
`
`which I have served as an expert are set forth in my current curriculum vitae, attached as Exhibit
`
`
`
`2
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 3 of 50
`
`A. Experience relevant to this matter is highlighted below.
`
`8.
`
`I received my Bachelor of Engineering degree with honors in 1970 from the
`
`University of Liverpool, England. I received my doctoral degree in 1974 from the University of
`
`Sussex, England. My PhD thesis was titled “Orthogonal Transform Coding of Still and Moving
`
`Pictures.” The research for my thesis was performed in residence at the Image Processing
`
`Institute, University of Southern California. From 1970 to 1973, I performed my graduate
`
`research in video compression. I was one of the first to perform a type of image coding
`
`(adaptive block transform coding) and the first to apply this type of coding to video. This is
`
`described in my thesis and summarized in a paper published by the Society of Photo-Optical
`
`Instrumentation Engineers. These techniques underlie the audiovisual coding standards known
`
`as “MPEG” (Motion Picture Experts Group) and virtually all other video compression schemes
`
`today.
`
`9.
`
`For the first fifteen years of my career, I primarily focused on the design and
`
`development of real-time image and video processors and display systems. These display
`
`systems performed arithmetic operations on a pixel basis in real time for display on a screen and
`
`provided for interactive image and video processing via various user interfaces.
`
`10.
`
`In 1990, while employed by Cypress Semiconductor Corp., I began developing a
`
`semiconductor chip to implement a decoder for the emerging MPEG-1 Standard. This work
`
`included writing a software implementation of a complete MPEG-1 encoder and decoder. The
`
`principal target of the MPEG-1 Standard was video CD: full-motion video on a compact disk. I
`
`created and led a project among multiple companies to create the first validation of the MPEG-1
`
`Systems specification. Subsequently, I worked on a similar chip development for the MPEG-2
`
`Standard at Samsung Semiconductor, Inc.
`
`
`
`3
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 4 of 50
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`11. MPEG-2 is a fundamental component of broadcast TV specifications. It
`
`comprises three parts: (1) Systems, (2) Video, and (3) Audio. I participated in the technical
`
`development of all three parts of the standard. MPEG-2 Systems provides multiplexing,
`
`synchronization, buffering, and metadata support and the “hooks” that support application-
`
`specific capabilities such as the Advanced Television Systems Committee standards for
`
`television broadcasting in the United States. MPEG-2 Video provides an efficient representation
`
`of video sequences of frames, and includes generic features to support applications. For
`
`example, MPEG-2 Video provides a flexible way to define video segments.
`
`12.
`
`I was Head of Delegation to MPEG for the United States in 1991-1992 and Editor
`
`in Chief of the MPEG-1 Standard. I personally reviewed and edited all three parts of the
`
`standard in detail and wrote much of the informative annex for the MPEG-1 Standard.
`
`13.
`
`In 1992 to 1993, I was hired by Cable Television Laboratories, Inc. (a/k/a
`
`CableLabs) to be the technical expert for establishing the MPEG Patent Pool (now MPEG-LA).
`
`While creating a list of essential intellectual property to practice the Standard, I reviewed
`
`approximately ten thousand abstracts and one thousand patents.
`
` I also chaired the
`
`implementation subcommittee that analyzed MPEG-1 Audio (a/k/a MUSICAM), Dolby Digital
`
`(a/k/a AC3), and other proposed algorithms for potential implementation. I was a co-founder of
`
`the MPEG-4 Standard and chaired the subcommittee from inception for two and one-half years.
`
`14.
`
` In the early 2000s, I was an invited expert to the joint development of the Next-
`
`Generation Digital Video Standard by the International Telecommunication Union, the
`
`International Organization for Standardization, and MPEG. The Standard is known as H.264 and
`
`MPEG-4 Part 10, Advanced Video Coding, by the respective bodies. H.264 is widely used today
`
`for streaming video over IP networks.
`
`
`
`4
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 5 of 50
`
`15.
`
`I am currently a video consultant providing technical and business development
`
`consulting services in the areas of imaging and video, including consumer video, real-time
`
`processing and display, image and video compression, imaging/video systems architecture, and
`
`imaging/video chip architecture. I have worked in this capacity since 2001, serving over 60
`
`clients in the consumer electronics, communications, and computer industries.
`
`IV. LEGAL BASIS FOR OPINION
`
`16.
`
`It is my understanding that three patents are currently asserted by CustomPlay in
`
`this suit: the ’346 Patent, the ’950 Patent and the ’282 Patent (collectively, the “Asserted
`
`Patents”).
`
`17.
`
`I have been informed by counsel for CustomPlay that any person or business
`
`entity that, without authorization, makes, uses, sells, or offers to sell within the United States any
`
`product, or performs any process, covered by at least one claim of an asserted patent, directly
`
`infringes the patent.
`
`18.
`
`I have been informed by counsel for CustomPlay that for a patent to be infringed,
`
`the accused system or process must contain or perform each and every limitation of at least one
`
`claim of the patent.
`
`19.
`
`I understand that, according to applicable law, the person of ordinary skill in the
`
`art is a hypothetical person, and is presumed to have read and understood publicly available
`
`literature in the relevant technical area. It is my belief that the hypothetical person of ordinary
`
`skill in the relevant art of the Asserted Patents at that time would have had a bachelor’s degree in
`
`Electrical Engineering or Computer Science. The hypothetical person of ordinary skill in the art
`
`would also have at least three years’ experience in the design of real-time digital video systems
`
`for consumer applications.
`
`
`
`5
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 6 of 50
`
`20.
`
`As of the date of filing of the earliest of the Asserted Patents, I was at least as
`
`skilled as the hypothetical person of ordinary skill described above.
`
`V. CLAIM CONSTRUCTION ANALYSIS
`
`21.
`
`I am informed by counsel for CustomPlay that a determination of infringement is
`
`a two-step process requiring: (1) ascertaining the scope of the claims, commonly referred to as
`
`“claim construction”; and (2) determining whether the claims as construed cover the accused
`
`product(s).
`
`22.
`
`I am informed by counsel for CustomPlay that claim terms are construed
`
`according to their plain and ordinary meaning to a person of ordinary skill in the art unless: (a)
`
`the patentee acts as his or her own lexicographer in the specification, or (b) the patentee narrows
`
`the scope of the claim term either in the specification or during prosecution.
`
`23.
`
`I have reviewed the ’346 patent, the ’950 patent, and the ’282 patent, as well as
`
`their respective prosecution histories. Based on my review, I have determined the patentee
`
`explicitly defined the following terms in the specification and used these defined terms in the
`
`Subject Claims:
`
`a. The term “associate” refers to assign, give, allocate, associate, designate, ascribe,
`
`attribute, link, and/or relate.
`
`b. The term “character” refers to a role or a part in a video, and/or a participant in a
`
`video, typically displaying human-like qualities.
`
`c. The term “performer” refers to an individual, participant, actor, or actress,
`
`appearing in a video and/or credited for the physical and/or the verbal
`
`performance of a character. A performer refers to, for example, an actor in a
`
`motion picture, an athlete in a televised sporting event, a newscaster in a news
`
`
`
`6
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 7 of 50
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`program, and a chef in a cooking show.
`
`d. The term “playing,” as in playing a segment of a video, refers to playing
`
`meaningfully, or substantially all or a portion of a segment. In other words, while
`
`a method or system may suggest or intend to play the entirety of, or all, of a
`
`segment, it is not necessarily required that in doing so every aspect of the video
`
`segment, audio, sub picture segment portion, interleaved unit, frame, and/or bit of
`
`data of the segment will be played or need be played.
`
`e. The terms “segment” and “video segment” refer to one or more video frames.
`
`f. The term “user” as used herein is meant to include and be interchangeable with
`
`the words “player” (when referring to a person), “subscriber,” and “viewer.” That
`
`is, the term “user” is to be understood in the general sense of, for example, a
`
`person actively using video content, passively viewing a video, interactively
`
`playing a video game, retrieving video from a video provider, and/or actively
`
`using multimedia, internet, and/or communication services.
`
`g. The terms “video” and “video program” are interchangeable and refer to any
`
`video image regardless of the source, motion, or technology implemented. Unless
`
`otherwise qualified to mean a computer software program, the term “program” is
`
`interchangeable and may be replaced with the word video. A video comprises
`
`images found in full motion picture programs and films, in interactive electronic
`
`games, and in video produced by multi-media systems. Video comprises still
`
`characters, graphics, images, motion pictures, films, and multimedia productions;
`
`full motion pictures and television programming; news, sports, cultural,
`
`entertainment, commercial, advertisements,
`
`instructional, and educational
`
`
`
`7
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 8 of 50
`
`programming. As the context permits, a video may also comprise video, audio,
`
`sub picture information, a video map (e.g., navigation data), or other information
`
`associated with the video, such as a user interface, software program routines, and
`
`system control codes.
`
`h. The term “associated” refers to associated, linked, related, connected, brought into
`
`relationship, joined, designated, ascribe, and/or attributed.
`
`i. The term “item” refers to: (i) items, products, objects, properties, acts, or
`
`information, whether or not they offer a commercial or purchase opportunity; (ii)
`
`items, products, objects, properties, acts, or information that constitute actual or
`
`potential product placements, whether prior to or after production of the video;
`
`(iii) product placements; and (iv) items, products, objects, properties, acts, or
`
`information, that offer informational or entertainment opportunities. The term
`
`“product placement” refers to: (i) items, products, objects, properties, acts, or
`
`information that offer a commercial or purchase opportunity; (ii) items, products,
`
`objects, properties, acts, or information that constitute actual or potential product
`
`placements, whether prior to or after production of the video; and (iii) product
`
`placements.
`
`24.
`
`Nothing in the prosecution history leads me to conclude that the patentee
`
`narrowed the scope of any of the claim terms in the Subject Claims.
`
`25.
`
`In performing my infringement analysis, I have ascribed all claim terms not
`
`explicitly defined by the patentee (as discussed above) their plain and ordinary meaning to one of
`
`ordinary skill in the art.
`
`
`
`
`
`
`
`8
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 9 of 50
`
`VI.
`
`INFRINGEMENT ANALYSIS AND OPINION
`
`a. Amazon’s Infringement of the ’346 patent
`
`26.
`
`Claim 4 of the ’346 patent recites:
`
`An apparatus capable of processing data, the data comprising: (i) a plurality of
`segment definitions each defining a video segment within a video; (ii) a name of a
`performer of a character depicted within a defined video segment; and (iii) a
`reference to a visual depiction of a performer of a depicted character; the
`apparatus performs the steps of:
`receiving, from a user, during a playing of a video, a request for
`information for identifying a performer of a character that is depicted during the
`playing of the video;
`identifying a current location in the video;
`identifying a segment definition that includes the identified location;
`identifying a name of a performer of a character depicted within a video
`segment defined by the identified segment definition;
`retrieving, responsive to the reference, a visual depiction of the performer
`of the depicted character; and
`providing, the user, the identified name of the performer of the depicted
`character, and the visual depiction of the performer of the depicted character.
`
`27.
`
`I am informed by CustomPlay’s counsel that Amazon makes, offers to sell, and
`
`sells various generations of digital media players under the brand name “Fire TV.”
`
`28.
`
`Similarly, I am informed by CustomPlay’s counsel that Amazon makes, offers to
`
`sell, and sells various generations of tablet computers under the brand name “Kindle Fire.”
`
`29.
`
`I will refer to the Fire TV and Kindle Fire tablet collectively as “Amazon
`
`Devices.”
`
`30.
`
`It is readily observable that Amazon Devices are configured with the capability
`
`for playing X-Ray enabled video titles streamed from the Amazon Video library.
`
`31.
`
`One such Amazon Device, namely the Amazon Fire HD 8 tablet I tested,
`
`practices all the limitations of the ’346 patent’s claim 4.
`
`32.
`
`Amazon’s X-Ray feature, available on the Amazon Fire HD 8 tablet I tested,
`
`
`
`9
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 10 of 50
`
`functions with the assistance of a file called “X-Ray Data File.” This unencrypted file contains
`
`metadata such as the names of characters and corresponding names of performers. The file
`
`includes data correlating the metadata to segments of video, and includes timing information for
`
`the video segments. The file is accessed during video playback (i.e., alongside the movie, and
`
`relative to the movie run-time location), such that during any given video segment, the metadata
`
`in the X-Ray Data File corresponds to the content of the movie.
`
`33.
`
`The metadata includes visual information, as discussed above, and aural
`
`information, such as the name of a song playing in the movie soundtrack. The metadata may
`
`include other information, such as textual information. The textual information may be related to
`
`the visual and aural information or may be additional information. Examples include stock
`
`photographs of performers, the names of musicians, and movie trivia, respectively.
`
`34.
`
`The metadata may be hierarchical, with nested information available upon further
`
`user requests. An example is a performer’s biography.
`
`35.
`
`Examples of the X-Ray metadata functionality and design were provided in
`
`CustomPlay’s Complaint, and are repeated here for convenience. An excerpt of the X-Ray Data
`
`File for the movie Pulp Fiction is reprinted below:
`
`"textMap":{"PRIMARY":"TimRoth","SECONDARY":"Pumpkin"},"type":"blue
`printedItem","version":1},{"__type":"BlueprintedItem:http://internal.amazon.com
`/coral/com.amazon.atv.discovery/","accessibilityMap":{"PRIMARY":"AmandaPl
`ummer.asHoney
`Bunny"},"analytics":null,"blueprint":{"id":"XrayPersonItem"},"debugAttributes":
`null,"id":"/name/nm0001625/","imageMap":{"PRIMARY":{"alternateText":null,
`"gradientRequired":false,"size":{"unit":"px","x":319,"y":480},"url":"https://imag
`es-na.ssl-images-
`amazon.com/images/M/MV5BMTYwNjIyNTY3NF5BMl5BanBnXkFtZTcwOT
`UwMzg4OA@@._V1_.jpg","version":1}},"linkActionMap":{"PRIMARY":{"__t
`ype":"NavigationalAction:http://internal.amazon.com/coral/com.amazon.atv.disco
`very/","analytics":{"cascade":null,"local":{"refMarker":"atv_plr_x_cast_1"}},"ca
`cheKey":null,"linkType":"xray","nonSupportedText":null,"parameters":
`
`
`
`
`10
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 11 of 50
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`36.
`
`The data included in the Pulp Fiction X-Ray Data File can be visualized using
`
`several tools. A visualization of an excerpt of the Pulp Fiction X-Ray Data File is depicted
`
`below:
`
`
`
`Figure 1 - Visualization of Pulp Fiction X-Ray Data File
`
`37.
`
`In the X-Ray Data File, data is organized into segments that have a start and an
`
`end time, measured in milliseconds. Thus, the right-most column in Figure 1 above depicts a
`
`series of “Objects” with consecutive start and stop times (e.g., 0-16,000 à 16,000-291,000 à
`
`291,000-425,000 à 425,000-527,000).
`
`38.
`
`Each segment contains a section denoting onscreen information (e.g., trivia) that
`
`may be displayed for the entirety of that segment. Other segment sections denote onscreen
`
`information (e.g., Pumpkin) that may be displayed starting at a specified time during the
`
`segment.
`
`39.
`
`The onscreen information related to the segment shown in Figure 1 above is
`
`displayed during playback as follows:
`
`
`
`11
`
`

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`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 12 of 50
`
`
`
`Figure 2 - Information Displayed Onscreen During Video Playback (left) Corresponds to X-Ray
`Data File (right).
`
`40.
`
`Figure 2 illustrates the correlation between the metadata in the X-Ray Data File
`
`and the display of metadata overlaid on the movie. Correlation is achieved through use of the
`
`timeline. At any given time, the movie timeline can be used as a pointer into the metadata,
`
`thereby identifying the corresponding segment. The metadata for that segment can be retrieved
`
`and displayed.
`
`41.
`
`To demonstrate Amazon’s infringement of claim 4 of the ’346 patent, I performed
`
`my analysis on an Amazon Device (the Amazon Fire HD 8 tablet) while streaming the movie
`
`Furious 7 from Amazon’s video service.
`
`42.
`
`A limitation-by-limitation analysis reveals Amazon infringes claim 4 of the ’346
`
`patent.
`
`43.
`
`At the outset, claim 4 of the ’346 patent recites an “apparatus.” Amazon Devices,
`
`including the Amazon Fire HD 8 tablet I tested, are easily understood to be apparatuses.
`
`44.
`
`Claim 4 begins:
`
`An apparatus capable of processing data, the data comprising: (i) a plurality of
`segment definitions each defining a video segment within a video; (ii) a name of a
`performer of a character depicted within a defined video segment; and (iii) a
`reference to a visual depiction of a performer of a depicted character; the
`
`
`
`12
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 13 of 50
`
`apparatus performs the steps of . . . .
`
`45.
`
`Three separate elements are present here: (a) multiple segment definitions, (b) a
`
`performer name for a character within a segment, and (c) a reference to a “visual depiction” of a
`
`performer of a depicted character.
`
`46.
`
`As illustrated above, the metadata file defines the multiple segments with start
`
`and stop times. Within each segment, the metadata file may include character names and
`
`corresponding performer names and a reference to a file containing a picture of the performer.
`
`47.
`
`Claim 4 further recites: "receiving, from a user, during a playing of a video, a
`
`request for information for identifying a performer of a character that is depicted during the
`
`playing of the video.”
`
`48.
`
`This limitation requires receiving a user’s request while the video is playing for
`
`identification of the performer of a depicted character.
`
`49. When using Amazon’s X-Ray feature, tapping the screen causes information,
`
`including the required information, to be displayed overlaid on the movie being streamed in a
`
`column usually displayed on the left side of the screen.
`
`50.
`
`Thus, for example, Figure 3 below shows the Furious 7 movie being displayed
`
`before a user request. Figure 4 shows the Furious 7 movie being displayed after a user request
`
`(bottom, after tapping the touchscreen display).
`
`
`
`13
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 14 of 50
`
`
`
`Figure 3
`
`
`
`
`
`Figure 4
`
`51.
`
`The information displayed by Amazon’s X-Ray feature (in Figure 4) includes the
`
`names of each character, the corresponding names of each performer, and a photograph of each
`
`performer.
`
`52.
`
`For example, as shown in Figure 4 above, the character Deckard Shaw is
`
`performed by Jason Statham. A screengrab from the figure above allows for a closer look at the
`
`information being displayed by Amazon’s X-Ray:
`
`
`
`14
`
`

`

`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 15 of 50
`
`
`
`Figure 5
`
`53.
`
`Claim 4 then recites: “identifying a current location in the video;” and
`
`“identifying a segment definition that includes the identified location . . . .”
`
`54.
`
`These
`
`limitations
`
`require
`
`identifying
`
`the current movie
`
`location and
`
`corresponding segment definition. The information displayed by X-Ray, as shown above, also
`
`contains the current timestamp of the movie being played (e.g., 0:53:58). As more fully
`
`discussed above, Amazon’s X-Ray uses the movie timeline information to look, in the X-Ray
`
`Data File metadata, for the segment corresponding to that location.
`
`55.
`
`Claim 4 then recites:
`
`identifying a name of a performer of a character depicted within a video segment
`defined by the identified segment definition;
`
`retrieving, responsive to the reference, a visual depiction of the performer of the
`depicted character; and
`
`providing, the user, the identified name of the performer of the depicted character,
`and the visual depiction of the performer of the depicted character.
`
`56.
`
`These limitations require retrieving and displaying to the user a visual depiction
`
`of the performer of a character appearing in the segment, and displaying the name of the
`
`performer. As explained above, the metadata for the identified segment may include the name
`
`and a visual depiction of a performer, which may be retrieved and displayed. These are shown
`
`above with a photograph of Jason Stratham, alongside his name.
`
`57.
`
`58.
`
`Thus, in my opinion, Amazon infringes claim 4 of the ’346 patent.
`
`Claim 14 of the ’346 patent is a method claim, and contains similar limitations to
`
`
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`15
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`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 16 of 50
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`those of apparatus claim 4.
`
`59.
`
`Claim 14 of the ’346 patent recites:
`
`A method of processing data, the data comprising: (i) a plurality of segment
`definitions each defining a video segment within a video; (ii) a name of a
`performer of a character depicted within a defined video segment; and (iii) a
`reference to a visual depiction of a performer of a depicted character; the method
`comprising the steps of:
`receiving, from a user, during a playing of a video, a request for
`information for identifying a performer of a character that is depicted during the
`playing of the video;
`identifying a current location in the video;
`identifying a segment definition that includes the identified location;
`identifying a name of a performer of a character depicted within a video
`segment defined by the identified segment definition;
`retrieving, responsive to the reference, a visual depiction of the performer
`of the depicted character; and
`providing, the user, the identified name of the performer of the depicted
`character, and the visual depiction of the performer of the depicted character.
`
`60.
`
`61.
`
`The Amazon X-Ray feature practices all the limitations of claim 14.
`
`The functional limitations of claim 14 are substantively the same as those of claim
`
`4. Accordingly, I incorporate by reference here my prior analysis of claim 4.
`
`62.
`
`63.
`
`In my opinion, Amazon infringes claim 14 of the ’346 patent.
`
`Claim 17 of the ’346 patent recites:
`
`A method of processing data, the data comprising: (i) a name of a performer of a
`character depicted within a video frame of a video; and (ii) a reference to a visual
`depiction of the performer of the depicted character; the method comprising the
`steps of:
`receiving, from a user, during a playing of a video, a request for
`information for identifying a performer of a character that is depicted during the
`playing of the video;
`identifying a current location in the video;
`identifying a name of a performer associated with the identified location;
`retrieving, responsive to the reference, a visual depiction of the performer;
`
`and
`
`
`
`16
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`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 17 of 50
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`providing, the user, the identified name of the performer, and the visual
`depiction of the performer.
`
`64.
`
`The Amazon X-Ray feature practices all the limitations of claim 17 of the ’346
`
`patent.
`
`65.
`
`To demonstrate Amazon’s infringement of claim 17 of the ’346 patent, I
`
`performed my analysis on an Amazon Fire HD 8 tablet and the movie Furious 7, which I
`
`streamed from Amazon’s video service.
`
`66.
`
`Claim 17 begins:
`
`A method of processing data, the data comprising: (i) a name of a performer of a
`character depicted within a video frame of a video; and (ii) a reference to a visual
`depiction of the performer of the depicted character; the method comprising the
`steps of . . . .
`
`67.
`
`Two elements are present here: (a) a performer name for a character within a
`
`video frame, and (b) a reference to a “visual depiction” of a performer of a depicted character.
`
`68.
`
`As discussed above, the X-Ray metadata file defines video segments within which
`
`character names and corresponding performer names may be found, as well as a reference to a
`
`file or file path containing a picture of a performer.
`
`69.
`
`Claim 17 further recites:
`
`receiving, from a user, during a playing of a video, a request for information for
`identifying a performer of a character that is depicted during the playing of the
`video . . . .
`
`70.
`
`This limitation requires receiving, from a user, during a playing of a video, a
`
`request for information identifying a performer of a character that is depicted during the playing
`
`of the video.
`
`71.
`
`As Figures 3-5 show, when an X-Ray enabled movie is playing, tapping the
`
`screen causes information to be displayed overlaid on the screen, usually formatted as a column
`
`
`
`17
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`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 18 of 50
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`on the left side of the screen.
`
`72.
`
`73.
`
`Claim 17 next recites “identifying a current location in the video.”
`
`This limitation requires identifying the current location (i.e., playback location) in
`
`the movie. Given that this limitation also appears in claim 4, I incorporate my analysis and
`
`explanation set forth above, as if fully restated herein.
`
`74.
`
`Claim 17 then recites: “identifying a name of a performer associated with the
`
`identified location.”
`
`75.
`
`This limitation requires identifying the name of a performer who appears at the
`
`current movie location. X-Ray performs this limitation in the same manner as it performs the
`
`“identifying a segment definition that includes the identified location” and the “identifying a
`
`name of a performer of a character depicted within a video segment defined by the identified
`
`segment definition,” as more fully discussed above.
`
`76.
`
`Claim 17 then recites:
`
`retrieving, responsive to the reference, a visual depiction of the performer; and
`
`providing, the user, the identified name of the performer, and the visual depiction
`of the performer.
`
`77.
`
`These two limitations require retrieving and displaying to the user a visual
`
`depiction of the performer of a character appearing in the segment and displaying the name of
`
`the performer. X-Ray performs these limitation in the same manner as it performs the
`
`“identifying a name of a performer of a character depicted within a video segment defined by the
`
`identified segment definition”; “retrieving, responsive to the reference, a visual depiction of the
`
`performer of the depicted character”; and “providing, the user, the identified name of the
`
`performer of the depicted character, and the visual depiction of the performer of the depicted
`
`character” claim limitations present in claim 4, which I have discussed in my analysis above.
`
`
`
`18
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`Case 9:17-cv-80884-KAM Document 5-2 Entered on FLSD Docket 07/27/2017 Page 19 of 50
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`78.
`
`Thus, in my opinion, Amazon infringes claim 17 of the ’346 patent.
`
`b. Amazon’s Infringement of the ’950 patent
`
`Claim 19 of the ’950 patent recites:
`
`79.
`
`An apparatus capable of processing data and instructions executable by a
`processor; the apparatus, when executing the instructions, performs the steps of:
`retrieving a video frame identifier that is responsive to a play location
`within a playing of a video;
`displaying, responsive to the video frame identifier, an initial indication
`that item information is available that is responsive to the play location;
`retrieving a subsequent video frame identifier that is responsive to a
`subsequent play location;
`displaying, responsive to the subsequent video frame identifier and
`contemporaneously with the displaying of the initial indication, a subsequent
`indication that item information is available that is responsive to the subsequent
`play location;
`receiving, following the displaying of the subsequent indication, a request
`responsive to the initial indication, for item information; and
`displaying i