UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`DISH NETWORK, L.L.C.,
`Petitioner
`
`v.
`
`BROADBAND ITV, INC.,
`Patent Owner
`
`____________
`
`Case IPR2020-01627
`U.S. Patent No. 10,028,026
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`DECLARATION OF MICHAEL I. SHAMOS, PH.D., J.D.
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`BBiTV EX2035
`DISH v. BBiTV
`IPR2020-01267
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`Case IPR2020-01267
`U.S. Patent No. 10,028,026
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`I.
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`I, Dr. Michael I. Shamos, declare as follows:
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`INTRODUCTION AND QUALIFICATIONS
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`1.
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`I have been retained by Patent Owner Broadband ITV, Inc.
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`(“BBiTV”) to provide technical analysis and opinions relating to DISH Network,
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`L.L.C.’s Petition for inter partes review challenging the validity of claims 1-16
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`(the “Challenged Claims”) of U.S. Patent No. 10,028,026 (“the ’026 Patent” or the
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`Patent”) in this proceeding.
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`2.
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`I currently hold the title of Distinguished Career Professor in the
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`School of Computer Science at Carnegie Mellon University in Pittsburgh,
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`Pennsylvania. I am a member of two departments in that School, the Institute for
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`Software Research and the Language Technologies Institute. I was a founder and
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`Co-Director of the Institute for eCommerce at Carnegie Mellon from 1998-2004
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`and from 2004-2018 was Director of the eBusiness Technology graduate program
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`in the Carnegie Mellon University School of Computer Science. Since 2018, I have
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`been Director of the M.S. in Artificial Intelligence and Innovation degree program
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`at Carnegie Mellon. My Curriculum Vitae is attached to this declaration.
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`3.
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`I have an A.B. degree from Princeton University in Physics, an M.A.
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`degree from Vassar College in Physics, an M.S. degree from American University
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`in Technology of Management, an M.S. degree from Yale University in Computer
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`Science, an M. Phil. from Yale University in Computer Science, a Ph.D. from Yale
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`University in Computer Science, and a J.D. degree from Duquesne University.
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`4.
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`I have taught graduate courses at Carnegie Mellon in Electronic
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`Commerce, including eCommerce Technology, Electronic Payment Systems,
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`Electronic Voting, Internet of Things, Electronic Payment Systems and
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`eCommerce Law and Regulation, as well as Analysis of Algorithms. Since 2007, I
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`have taught an annual course in Law of Computer Technology. I currently also
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`teach Artificial Intelligence and Future Markets. Since 2001, I have been a Visiting
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`Professor at the University of Hong Kong, where I teach an annual course in
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`Electronic Payment Systems.
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`5.
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`I am also the Director of Carnegie Mellon’s graduate degree program
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`in eBusiness Technology and a faculty member in the Privacy Engineering degree
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`program at Carnegie Mellon. My course on Law of Computer Technology is
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`required for all students in that program.
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`6.
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`From 1979-1987, I was the founder and president of two computer
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`software development companies in Pittsburgh, Pennsylvania, Unilogic, Ltd. and
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`Lexeme Corporation.
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`7.
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`I am an attorney admitted to practice in Pennsylvania and have been
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`admitted to the Bar of the U.S. Patent and Trademark Office since 1981. I have
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`been asked to render opinions in this declaration as a technical expert. I have not
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`been asked to offer any opinions on patent law in this proceeding.
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`8.
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`I have previously served as an expert in over 270 cases concerning
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`computer technology. In particular, I have been involved in multiple cases
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`involving television distribution systems and interactive program guides.
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`9.
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`The statements made and opinions provided in this Declaration are
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`based on my own personal knowledge and, if called as a witness, I could and
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`would testify consistent with the following.
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`II. MATERIALS CONSIDERED
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`10.
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`I have been asked by counsel for Patent Owner to address Petitioner’s
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`assertions that certain combinations or prior art references would have rendered the
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`Challenged Claims obvious. I have also been asked to opine whether claims 1-9 of
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`the Patent are supported by U.S. Application No. 10/909,192 (the “’192
`
`Application”), which was filed on July 30, 2004, is now U.S. Patent 7,590,997, and
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`on which the ’026 Patent relies in part for priority. I have further been asked to
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`examine various inventor declarations and documents to determine the date on
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`which the subject matter of claims 1-9 was conceived.
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`11.
`
`I have reviewed the following documents in forming the opinions
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`expressed in this Declaration:
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`•
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`All papers and exhibits filed up to and including this date in this IPR.
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`U.S. Patent No. 10,028,026
`Gordon et al. U.S. Patent 6,253,375, which is incorporated by
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`reference in Son et al. U.S. Patent 7,159,233 (EX2171).
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`U.S. Patent Applications 10/909,192 and 15/192,598 (EX2062 and
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`EX2172).
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`U.S. Patent Application Publication 2002/0066106 (EX2069).
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`U.S. Provisional Patent Applications 60/253,350, 60/253,369 and
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`60/253,488 (EX2173, EX2174, and EX2175).
`
`April 30, 2021 Transcript of the Deposition of Samuel H. Russ
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`(EX2039).
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`12.
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`I have also relied on my education, skill, training, and experience in
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`the relevant fields of technology, particularly television distributions and program
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`guide systems, in forming my opinions. I have further considered the viewpoint of
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`a person of ordinary skill in the art at the time of invention of the ’026 patent
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`(“POSITA”). I provide my opinion as to the proper level of skill of a POSITA
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`below in response to ¶¶ 94-97 of the Russ Declaration (EX1002).
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`13.
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`I reserve the right to supplement my opinions as expressed in this
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`Declaration to address any new information obtained in the course of this
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`proceeding, or based on any new positions taken by Petitioner.
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`Il. COMPENSATION
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`14.
`
`Iam being compensatedat the rate of $600/hour. My compensationis
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`in no way dependent on the outcome ofthis proceeding and my compensation in
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`no wayaffects the substance of my statements and opinions in this Declaration.
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`15.
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`LT have nofinancial interest in Patent Owner Broadband ITV,Inc., or
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`the ’026 patent. It is conceivable that I may own mutual funds or other investment
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`vehicles which may themselves ownstock in DISH Network Corporation, which
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`may beanaffiliate of Petitioner. If any such holding exists, it would not constitute
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`a material part of my net worth.
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`IV.
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`SUMMARYOF MY OPINIONS
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`16.
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`Claims 1-9 of the ’026 Patent are fully supported by the disclosure of
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`the °192 Application.
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`17.
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`Claims 1-9 of the ’026 Patent were conceived by March 31, 2004,
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`and, in any event, no later than April 26, 2004.
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`18.
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`It is my understandingthat the following table summarizes the
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`challenges to the Challenged Claims raised in the Petition
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`Invalidity
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`Challenged 1 § 103
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`Gonder + Son + Kelts
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`19. After a review of the ’026 patent andthe alleged prior art asserted by
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`Petitioner, it is my opinion that the Challenged Claims would not have been
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`obvious in light of the asserted prior art at either the time of the invention in 2004
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`or at the time the CIP application was filed in 2007. My opinions, and the bases
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`therefor, are detailed throughout this Declaration.
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`V. LEGAL PRINCIPLES
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`20. Counsel for Patent Owner has informed me of the legal principles that
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`apply in this proceeding.
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`21. A prior art reference can disclose a limitation that is not expressly
`
`disclosed in the reference if it is “inherently present” in the reference. I further
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`understand that to be “inherently present,” the extrinsic evidence must make it
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`clear that the missing descriptive matter is necessarily present in the thing
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`described in the reference. It is my understanding that a limitation is not disclosed
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`by inherency if the missing limitation is only probably is present or if there is
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`merely a possibility that it is present.
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`22. A claim is invalid as obvious under 35 U.S.C. § 103 if the differences
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`between the subject matter sought to be patented and the prior art are such that the
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`subject matter of the claim as a whole would have been obvious at the time of the
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`invention to a person having ordinary skill in the art. I have been informed that the
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`following factors are used to determine whether or not the claimed subject matter
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`would have been obvious: (i) the scope and content of the prior art; (ii) the
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`differences between the prior art and the claimed invention; (iii) the level of
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`ordinary skill in the field of the invention; and (iv) any relevant objective
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`considerations of non-obviousness.
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`23. A party asserting obviousness based on a combination of prior art
`
`references must demonstrate that one of ordinary skill in the art would have been
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`motivated to combine the teachings of those references to achieve the claimed
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`invention, and that the skilled artisan would have had a reasonable expectation of
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`success in doing so. It is my understanding that it is not enough to show that one
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`skilled in the art could combine elements of multiple references, but instead there
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`must be some reason that would have prompted a person of ordinary skill in the art
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`to combine the elements in the way the claimed invention does. I understand that
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`there must be some reasoned explanation as to why one of ordinary skill in the art
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`would combine the references.
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`24. A combination of references would not have been obvious if the
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`alleged modification(s) to be made to the reference(s) would have been
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`inconsistent with the reference’s stated goals or would have rendered the
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`combination inoperable for its intended purpose. I further understand that for
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`something to have been obvious, the party asserting obviousness must explain why
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`a POSITA would have selected components for combination in the manner
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`claimed.
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`It is my further understanding that obviousness cannot be based on a
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`25.
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`hindsight combination of components selected from prior art references. I also
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`understand that an invention would not have been obvious simply because all of
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`the elements of the invention may have been known separately in the prior art.
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`26. The remainder of this declaration consists of rebuttal to the Russ
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`Declaration. Sections have been labeled so as to refer to corresponding sections in
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`the Russ Declaration.
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`VI. CLAIM INTERPRETATION
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`27.
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`I have been informed that claim terms are to be given their ordinary
`
`and customary meaning as would have been understood by a POSITA. I
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`understand that the Board has given tentative constructions for two phrases used in
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`the Challenged Claims.
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`A.
`28.
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`“Web-based content management system”
`In the Institution Decision at 35, the Board encouraged to address this
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`term at trial. Petitioner proposes that the term means “a system accessible over the
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`Internet, including the Web, for managing content.” A Court in the District of
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`Hawaii in prior litigation concerning a related U.S. Patent, 7,361,336, construed
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`“Web-based content management server” as “a server accessible over the Internet,
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`including the Web, for managing content.” EX1019, 61.
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`29. Reasoning from the Hawaii opinion, it is my opinion that the
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`Petitioner’s proposed construction of “Web-based content management system” as
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`“a system accessible over the Internet, including the Web, for managing content,”
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`is correct and is also its plain and ordinary meaning. A Court in the Western
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`District of Texas also agreed with this construction of this term. EX2152.
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`B.
`30.
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`“Internet Protocol TV (IPTV) system”
`In the Institution Decision at 36, the Board adopted Petitioner’s
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`proposals that this term should be construed as “a system that provides digital
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`television services over closed, proprietary broadband connections employing
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`TCP/IP data transport protocol.” Petitioner asserts that this text appears as a
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`definition at 2:45-47 and 2:52-57 of the ’026 specification (EX1001), which I
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`quote below:
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`Digital television services offered on such broadband connections
`employ the TCP/IP data transport protocol and are referred to as
`Internet Protocol Television (IPTV). . . . IPTV and digital cable TV
`both transmit digital video in packetized data streams within closed,
`proprietary broadband systems; however, IPTV uses the Internet
`Protocol (IP) to structure, route and deliver the digital video packets
`within an IPTV system.1
`
`
`1 All emphasis added unless otherwise indicated.
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`31. The quoted passage does not purport to be a definition, and it is not
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`lexicographic. There is no attempt in the specification to redefine IPTV to have
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`anything other than its plain and ordinary meaning. The patentee observed that, at
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`the time, IPTV (a technology), was used in “closed, proprietary broadband
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`systems.” That is not a definition of what IPTV is, and surely IPTV does not cease
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`be IPTV if packets are delivered in the same manner over an open network such as
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`the Internet.
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`32. Relevant material from the specification that Petitioner did not quote
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`is as follows, describing the types of networks that utilize IPTV:
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`Digital cable TV is currently the most prevalent system for offering
`digital TV services to home TV subscribers. However, other types of
`digital carriers offering broadband connections to subscriber homes
`have entered into competition with cable TV providers by offering
`digital TV services over their broadband connections. Examples of
`other broadband connections include DSL telephone lines, local area
`broadband networks, and wireless broadband networks.
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`EX1001, 2:37-44.
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`33.
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`“Digital carriers offering broadband connections to subscriber homes”
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`includes Internet service providers, so it is clear that IPTV can be offered over the
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`Internet. In fact, “IPTV” itself is an abbreviation for “Internet Protocol
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`Television.” It is illogical to argue that “Internet Protocol Television” cannot be
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`offered over the Internet because the Internet is an open system.
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`34. Therefore, the proper construction of “Internet Protocol TV (IPTV)
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`system” is its plain and ordinary meaning. Nevertheless, in my analysis I have used
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`the construction adopted by the Board.
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`VII. PRIORITY OF CLAIMS 1-9
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`35. The Gonder reference, U.S. Patent 8,434,118, was filed on May 27,
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`2004.
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`36. The ’026 Patent issued from Application 15/192,598 (the “’598
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`Application”). It claims priority to the ’192 Application, which was filed on July
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`30, 2004. Because a continuation-in-part, filed on March 12, 2007, intervened
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`between the ’192 Application and the ’598 Application, it is not necessarily true
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`that all the ’026 claims are entitled to the filing date of the ’192 Application.
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`However, claims 1-9 are so entitled because they are supported by the ’192
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`Application.
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`37. The ’192 Application incorporates by reference U.S. Patent
`
`Application Publication 2002/066,106 (the ’106 Publication), filed May 30, 2002.
`
`The ’106 Publication incorporates by reference U.S. Provisional Patent
`
`Applications 60/253,350, 60/253,369 and 60/253,488, all filed November 28,
`
`2000.
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`Claims 1-9 Are Supported By The 192 Application
`
`A.
`
`38.
`
`Thetitle of the 192 Application is “System and Method for
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`Managing, Converting and Displaying Video Content on a Video-On-Demand
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`Platform, Including Ads Used for Drill-Down Navigation and Consumer-
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`Generated Classified Ads.” The following claim chart shows where support for
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`each limitation of claims 1-9 of the ’026 Patent can be foundin the ’192
`
`Application, and applications incorporated by reference. (Letters in brackets added
`
`for convenience; emphasis added.)
`
`interactive services for deployment on VOD channels of
`
`°026 Claims 1-9
`
`Support in the ’192 Application
`
`Whetheror not this preamble is limiting,it is supported by
`1. An Internet-
`the ’192 Application. The claimed “internet-connected
`connected digital
`device for receiving,|digital device”is the set-top box of the ?192 Application
`via the Internet,
`(EX2062), which discloses at paragraph 4: “With the
`video content to be|increasing interactive functionality and customer reach of
`viewed by a
`interactive television services, advertisers and content
`subscriberof a
`providersare find it increasingly attractive to employ on-
`video-on-demand
`demandadvertising, program content, and TV transactions
`system using a
`for home viewers. VOD content delivery platforms are
`hierarchically
`being designed to seamlessly and conveniently deliver a
`arranged electronic§|wide range of types of advertising, content, and transaction
`program guide,
`services on demand to homeviewers. An example of an
`advanced VODdelivery platform is the N-Band (TM)
`system offered by Navic Systems,Inc., d/b/a Navic
`Networks, ofNeedham, MA.This is an integrated system
`whichprovides an application developmentplatform for
`third party application developers to develop new VOD
`service applications, viewerinterfaces, and ancillary
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`CATV operators in cable service areas throughout the U.S.
`A detailed description of the Navic N-Band system is
`contained in U.S. Patent Application 2002/066,106, filed
`on May 30, 2002, which is incorporated herein by
`reference.”
`The incorporated ’106 Publication (EX2069) discloses: “In
`the future, the functionality offered by these set-top boxes
`or other embedded platforms will be expanded even
`further. For example, they may offer Internet browsing
`capabilities and e-commerce serving capabilities.”
`EX2069, ¶5. “Indeed, millions of digital set-top boxes
`have already been deployed in the United States. It is
`estimated that the Worldwide market for Internet
`appliances such as digital set-top boxes and other
`Internet-connected terminals will reach $17.8 billion in
`2004. Increasingly, advertisers and content providers
`therefore view the cable set-top as the first platform of
`choice for widespread delivery of a suite of intelligent
`content management and distribution services.” EX2069,
`¶6. Note that the ’106 Publication refers to “set-top boxes
`and other Internet-connected terminals,” disclosing that
`STBs are themselves “Internet-connected terminals.”
`The ’192 Application does not use the term “electronic
`program guide” expressly. However, the incorporated ’369
`Application (EX2174) does so: “For example, in FIG. 2,
`promotions 30 are presented on electronic program
`guides, channel information bars 40, or overlaying video
`broadcast programming. Some active promotions that may
`be displayed on digital set top boxes allow user interaction
`such as linking to e-commerce web-sites via hyperlink
`connections or direct communication to a promotion server
`subsystem to obtain additional software, such as device
`drivers, video games, or other application software.”
`EX2174, 5:6-12.
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`Further, the “User Interface” of the ’192 Application, is an
`electronic program guide allowing navigation of content as
`hierarchically as in claim 8:
`“8. A VOD content delivery system according to Claim 7,
`wherein the viewer's TV equipment includes TV display
`connected to a digital set top box responsive to remote
`control unit, and said system presents a User Interface on
`the viewer's TV display wherein:
` (i) said User Interface displays as a first display a menu
`of topical areas for viewer selection using the remote
`control for the viewer's set top box;
` (ii) upon viewer selection of a topical area by the remote
`control unit, said User Interface displays video content
`relating to the topical area with links for viewer selection
`to drilldown to related subtopical areas;
` (iii) upon viewer selection of a subtopical area by the
`remote control unit, said User Interface displays video
`content relating to the subtopical area with links for viewer
`selection to drill-down to more specific topics.” EX2062,
`claim 8. Regarding hierarchy, see also [1a], below.
`The “templatized VOD content display on the viewer’s TV
`equipment,” discussed in connection with the preamble, is
`the “templatized video-on-demand display” of limitation
`1[a]. The “plurality of different display templates to which
`the Internet-connected digital device has access, to enable
`a subscriber using the Internet-connected digital device to
`navigate in a drill-down manner through titles by
`category information in order to locate a particular one of
`the titles whose associated video content is desired for
`viewing on the Internet-connected digital device” is found
`in the ’192 Application (EX2062) at paragraph 7: “a
`templatized VOD content display on the viewer's TV
`equipment which includes one or more links to video
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`[1a] the Internet-
`connected digital
`device being
`configured to obtain
`and present to the
`subscriber an
`electronic program
`guide as a
`templatized video-
`on-demand display,
`which uses at least
`one of a plurality of
`different display
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`templates to which
`the Internet-
`connected digital
`device has access, to
`enable a subscriber
`using the Internet-
`connected digital
`device to navigate in
`a drill-down manner
`through titles by
`category
`information in order
`to locate a particular
`one of the titles
`whose associated
`video content is
`desired for viewing
`on the Internet-
`connected digital
`device using the
`same category
`information as was
`designated by a
`video content
`provider in metadata
`associated with the
`video content;
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`content elements in a lower order of hierarchy, and upon
`viewer request selecting a link displayed in the templatized
`VOD content to a video content element in the lower order
`of hierarchy, retrieves the corresponding template and
`video content element of lower order hierarchy for display
`on the viewer's TV equipment, thereby enabling the viewer
`to use drill-down navigation through TV displays of
`templatized VOD content.”
`Further, “In the invention, the templates are of different
`types ordered in a hierarchy, and display of content in a
`template of a higher order includes links the viewer can
`select to content of a lower order in the hierarchy. Upon
`selecting a link using the remote control, the VOD
`Application Server retrieves the template and video
`content of lower order and displays it to the viewer. Each
`successive templatized display may have further links to
`successively lower levels of content in the hierarchy, such
`that the viewer can use the series of linked templatized
`VOD displays as a ‘drill-down navigation’ method to
`find specific end content of interest.” EX2062, ¶22.
`The limitation “using the same category information as
`was designated by a video content provider in metadata
`associated with the video content” is disclosed in the ’192
`Application (EX2062) at paragraph 34: “The Classified
`Content Management System enables users to upload text,
`audio, video, and/or image files for classified ads in
`industry-standard file formats and have it converted into
`video display ads compatible with the VOD Content
`Delivery System. Classified ads are searched on the
`viewer's TV equipment by menus and lists indexed by title
`and topical areas corresponding to the metadata
`associated with the classified ads content. Selection of a
`listed item results in the display of a TV display ad
`containing uploaded text, images, video and/or audio.”
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`[1b] wherein the
`templatized video-
`on-demand display
`has been generated
`in a plurality of
`layers, comprising:
`
`[1b(a)] (a) a first
`layer comprising a
`background screen
`to provide at least
`one of a basic color,
`logo, or graphical
`theme to display;
`[1b(b)] (b) a second
`layer comprising a
`particular display
`template from the
`plurality of different
`display templates
`layered on the
`background screen,
`wherein the
`particular display
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`The ’192 Application (EX2062) discloses a templatized
`video-on-demand display generated in a plurality of layers
`at paragraph 25 and in Figure 1C:
`“In FIG. 1C, an example illustrates how a templatized
`VOD display is generated in layers. A Background
`screen provides a basic color, logo, or graphical theme to
`the display. A selected Template (display frame)
`appropriate to the navigation level the intended display
`resides on is layered on the Background. The Template
`typically has a frame in which defined areas are reserved
`for text, display image(s), and navigation links (buttons).
`Finally, the desired content constituted by associated Text,
`Image & Buttons is retrieved from the database and
`layered on the Template. The resulting screen display
`shows the combined background logo or theme,
`navigation frame, and text, video images, and buttons.”
`The ’192 Application (EX2062) discloses “a first layer
`comprising a background screen to provide at least one of
`a basic color, logo, or graphical theme to display” at
`paragraph 25 and Figure 1C: “In FIG. 1C, an example
`illustrates how a templatized VOD display is generated in
`layers. A Background screen provides a basic color, logo,
`or graphical theme to the display.”
`The ’192 Application (EX2062) discloses “a second layer
`comprising a particular display template from the plurality
`of different display templates layered on the background
`screen” in paragraph 25 and Figure 1C: “A selected
`Template (display frame) appropriate to the navigation
`level the intended display resides on is layered on the
`Background.” The “display frame” is the claimed
`“particular display template.”
`The ’192 Application also discloses that “the particular
`display template comprises one or more reserved areas that
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`template comprises
`one or more
`reserved areas that
`are reserved for
`displaying content
`provided by a
`different layer of the
`plurality of layers;
`and
`[1b(c)] (c) a third
`layer comprising
`reserved area
`content generated
`using the received
`video content, the
`associated metadata,
`and an associated
`plurality of images
`to be displayed in
`the one or more
`reserved areas in the
`particular display
`template as at least
`one of text, an
`image, a navigation
`link, and a button,
`[1c] wherein the
`navigating through
`titles in a drill-down
`manner comprises
`navigating from a
`first level of the
`hierarchical
`structure of a video-
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`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`are reserved for displaying content provided by a different
`layer of the plurality of layers” at paragraph 25 and Figure
`1C: “The Template typically has a frame in which defined
`areas are reserved for text, display image(s), and
`navigation links (buttons).”
`
`The ’192 Application (EX2062) discloses “a third layer
`comprising reserved area content generated using the
`received video content, the associated metadata, and an
`associated plurality of images to be displayed in the one or
`more reserved areas in the particular display template as at
`least one of text, an image, a navigation link, and a button”
`at paragraph 25 and Figure 1C: “Finally, the desired
`content constituted by associated Text, Image & Buttons
`is retrieved from the database and layered on the Template.
`The resulting screen display shows the combined
`background logo or theme, navigation frame, and text,
`video images, and buttons.”
`
`The ’192 Application discloses this limitation as follows
`“wherein said VOD Application Server, in response to
`viewer request for a selected video content element of a
`higher order in the hierarchy, retrieves the corresponding
`template from said Database and corresponding video
`content element from said Video Server to provide a
`templatized VOD content display on the viewer's TV
`equipment which includes one or more links to video
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`Case IPR2020-01267
`U.S. Patent No. 10,028,026
`content elements in a lower order of hierarchy, and upon
`viewer request selecting a link displayed in the templatized
`VOD content to a video content element in the lower order
`of hierarchy, retrieves the corresponding template and
`video content element of lower order hierarchy for display
`on the viewer's TV equipment, thereby enabling the viewer
`to use drill-down navigation through TV displays of
`templatized VOD content.” EX2062, ¶7.
`The claimed “first level” is the highest level in the
`hierarchy. The claimed “second level” is the next lower
`level in the hierarchy below the first level.
`The ’192 Application discloses: “an Application Data
`Center for creating and storing a plurality of different
`templates ordered in a hierarchy for presentation of video
`content elements of different selected types categorized in
`hierarchical order, wherein a template for display of a
`video content element in a higher level of the hierarchy
`includes a link to one or more templates and video content
`elements 10 in a lower level of the hierarchy, said
`plurality of hierarchically-ordered templates and links
`being stored in the Database managed by the VOD
`Application Server” EX2062, ¶7.
`This passage discloses that different templates are used at
`different levels in the hierarchy.
`
`on-demand content
`menu to a second
`level of the
`hierarchical
`structure to locate
`the particular one of
`the titles, and
`
`[1d] wherein a first
`template of the
`plurality of different
`display templates is
`used as the
`particular display
`template for the
`templatized display
`for displaying the
`first level of the
`hierarchical
`structure and
`wherein a second
`template of the
`plurality of different
`display templates is
`used as the
`particular display
`template for the
`templatized display
`for displaying the
`second level of the
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`Case IPR2020-01267
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`
`hierarchical
`structure,
`[1e] wherein the
`received video
`content was
`uploaded to a Web-
`based content
`management system
`by a content
`provider device
`associated with the
`video content
`provider via the
`Internet in a digital
`video format, along
`with associated
`metadata including
`title information and
`category
`information, and
`along with the
`associated plurality
`of images
`designated by the
`video content
`provider, the
`associated metadata
`specifying a
`respective
`hierarchical location
`of a respective title
`of the video content
`within the electronic
`program guide to be
`
`The ’192 Application discloses: “(a) a Content
`Management Website for enabling individual users to
`upload classified ad content on an online network
`connection from their remote computers, said uploaded
`classified ad content including associated meta data for
`identifying the ad content by title and topical area.”
`EX2062, ¶10. A “Website” is a site on the Internet, and
`this passage therefore discloses uploading video content
`over the Internet along with metadata including “title
`information” (title) and “category information” (topical
`area).
`
`The ’192 Application continues: “In a preferred
`embodiment of the TV classified ads system, individual
`users can upload classified ad content via their web
`browser, including text, audio, video and/or image files in
`industry-standard file formats, to the Content Management
`Website.” EX2062, ¶11. This discloses uploading a
`plurality of images.
`The ’192 Application discloses uploading metadata
`specifying a location of a title in a hierarchy: “In
`accordance with a second objective of the invention, a
`video-on-demand (VOD) content delivery system for
`managing, con