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`Filed on behalf of: MG Freesites Ltd
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MG FREESITES LTD,
`Petitioner,
`
`v.
`
`SCORPCAST, LLC
`Patent Owner
`_______________
`
`IPR2021-00515
`U.S. Patent No. 10,205,987
`_______________
`
`
`DECLARATION OF DR. ADAM PORTER
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`Exhibit 1102
`MG Freesites v. Scorpcast
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`TABLE OF CONTENTS
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`
`
`I.
`INTRODUCTION ................................................................................ 1
`QUALIFICATIONS ............................................................................. 1
`II.
`III. MATERIALS CONSIDERED ............................................................. 3
`IV. LEGAL STANDARDS ........................................................................ 4
`A.
`Relevant Time Period for Unpatentability Analysis .................. 5
`B.
`Unpatentability by Anticipation and Obviousness ..................... 5
`PERSON OF ORDINARY SKILL IN THE ART ............................... 8
`V.
`VI. CLAIM CONSTRUCTION ................................................................. 9
`VII. SUMMARY OF OPINIONS ................................................................ 9
`VIII. THE ’987 PATENT ............................................................................ 10
`A.
`Background .............................................................................. 10
`B.
`’987 Patent ................................................................................ 12
`C.
`Prosecution History .................................................................. 13
`IX. UNPATENTABILITY OF THE CHALLENGED CLAIMS ............ 13
`A.
`Prior Art References ................................................................. 13
`1.
`Fink (U.S. 2009/0300475) ............................................. 13
`2.
`Geer (U.S. 2011/0112915) ............................................. 16
`3.
`Sterner (U.S. 2007/0263984) ......................................... 18
`4.
`Lerman (U.S. 7,809,802) ............................................... 22
`5. Miller .............................................................................. 23
`6.
`Kilar (U.S. 2013/0004138) ............................................ 23
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`i
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`B.
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`Unpatentability Ground 1: Claims 1-4, 11, 12, 15-18, 20,
`23, 25, 26, and 30 Are Anticipated by Fink ............................. 26
`Claim 1 ........................................................................... 26
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`[1.P] A video system, comprising: ...................... 27
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`[1.1] a network interface; ..................................... 28
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`[1.2] at least one processing device; .................... 29
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`[1.3] non-transitory memory storing
`programmatic code that when executed by
`the at least one processing device, cause the
`video system to: ................................................... 30
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`[1.4] provide to a first user terminal of a first
`user a first user interface that enables the
`first user to upload a first video or provide a
`link to the first video; ........................................... 31
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`[1.5] receive over a network using the
`network interface, from the first user
`terminal of the first user, an upload of a first
`video or a link thereto; ......................................... 33
`
`[1.6] provide over the network, using the
`network interface, to the first user terminal a
`second user interface that enables the first
`user to: provide at least one of an upload or
`a link to an image, add text to be associated
`with the image, add a link to be associated
`with the image; .................................................... 33
`
`[1.7] receive via the second user interface:
`an upload of or a link to a first image; a first
`item of text; and a first link, comprising a
`first destination Uniform Resource Locator
`(URL); .................................................................. 36
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`[1.8] store the upload of or a link to the first
`image, the first item of text, and the first
`link; ...................................................................... 37
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`[1.9] use a content player displayed on the
`first user terminal to display the first video
`in association with a scrubber bar; ...................... 37
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`[1.10] enable the first user to define, using
`the scrubber bar and a first control, when the
`first image is to be displayed as an overlay
`when the first video is played back; .................... 39
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`[1.11] receive from the first user a definition
`as to when the first image is to be displayed
`as an overlay when the first video is played
`back; ..................................................................... 40
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`[1.12] store the definition as to when the
`first image is to be displayed when the first
`video is played back; ........................................... 40
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`[1.13] receive via the second user interface:
`an upload of or a link to a second image; a
`second item of text; and a second link,
`comprising a second destination Uniform
`Resource Locator (URL); .................................... 41
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`[1.14] store the upload of or a link to the
`second image, the second item of text, and
`the second link; .................................................... 42
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`[1.15] enable the first user to define, using
`the scrubber bar and the first control, when
`the second image is to be displayed as an
`overlay when the first video is played back; ....... 42
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`[1.16] receive from the first user a definition
`as to when the second image is to be
`displayed as an overlay when the first video
`is played back; ..................................................... 43
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`[1.17] store the definition as to when the
`second image is to be displayed when the
`first video is played back; .................................... 43
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`[1.18] provide a video player for display on
`a second user terminal of a second user; ............. 43
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`[1.19] enable the video player to play the
`first video, and display: the first image as an
`overlay in accordance with the definition as
`to when the first image is to be displayed
`when the first video is played back; the
`second image as an overlay in accordance
`with the definition as to when the second
`image is to be displayed when the first video
`is played back; ..................................................... 44
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`[1.20] wherein in response to detecting that
`the second user has selected the first or the
`second image, a respective link, comprising
`a respective destination URL is activated,
`and a respective network destination
`corresponding to the respective destination
`URL is accessed by the second user
`terminal. ............................................................... 46
`Claim 2 ........................................................................... 47
`Claim 3 ........................................................................... 48
`Claim 4 ........................................................................... 48
`Claim 11 ......................................................................... 50
`a.
`[11a] The video system as defined in claim
`1, wherein the video system is configured to
`provide for display on the first user terminal:
`a user interface that enables the first user to
`define a plurality of segments in the first
`video by selecting a starting frame from the
`first video for each segment, ................................ 50
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`b.
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`[11b] a user interface to the first user
`terminal enabling the first user to: define a
`hot spot to be provided within a video player
`playback area, and define a navigation
`operation associated with activation of the
`hot spot, wherein activation of the hot spot
`while the first video is played back by the
`video player causes a navigation action to be
`performed. ............................................................ 50
`Claim 12 ......................................................................... 51
`Claim 15 ......................................................................... 52
`Claim 16 ......................................................................... 53
`Claim 17 ......................................................................... 54
` Claim 18 ......................................................................... 55
`Independent Claim 20 .................................................... 56
`a.
`[20.P] A computer implemented method,
`comprising: .......................................................... 56
`[20.1] providing, by a computer system
`comprising hardware, to a first user terminal
`of a first user interface that enables the first
`user to upload a first video or provide a link
`to the first video; .................................................. 56
`[20.2] receiving, at the computer system
`over a network from the first user terminal
`of the first user, an upload of a first video or
`a link thereto; ....................................................... 57
`[20.3] providing by the computer system
`over the network to the first user terminal a
`second user interface that enables the first
`user to: provide at least one of an upload or
`a link to an image, add text to be associated
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`b.
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`c.
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`d.
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`with the image, add a link to be associated
`with the image; .................................................... 57
`[20.4] receiving, at the computer system: an
`upload of or a link to a first image; a first
`item of text; and a first link, comprising a
`first destination Uniform Resource Locator
`(URL); .................................................................. 57
`[20.5] storing the upload of or a link to the
`first image, the first item of text, and the
`first link; ............................................................... 58
`[20.6] enabling a content player to display
`the first video in association with a scrubber
`bar on the first user terminal; ............................... 58
`[20.7] enabling the first user to define when
`the first image is to be displayed when the
`first video is played back; .................................... 58
`[20.8] receiving at the computer system
`from the first user a definition as to when
`the first image is to be displayed when the
`first video is played back; .................................... 58
`[20.9] storing by the computer system the
`definition as to when the first image is to be
`displayed when the first video is played
`back; ..................................................................... 59
`[20.10] receiving via the second user
`interface: an upload of or a link to a second
`image; a second item of text; and a second
`link, comprising a second destination
`Uniform Resource Locator (URL); ..................... 59
`[20.11] storing by the computer system the
`upload of or a link to the second image, the
`second item of text, and the second link; ............ 59
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`e.
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`f.
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`g.
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`h.
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`i.
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`n.
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`q.
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`[20.12] enabling the first user to define
`when the second image is to be displayed
`when the first video is played back; .................... 59
`[20.13] receiving at the computer system
`from the first user a definition as to when
`the second image is to be displayed when
`the first video is played back; .............................. 60
`[20.14] storing by the computer system the
`definition as to when the second image is to
`be displayed when the first video is played
`back; ..................................................................... 60
`[20.15] enabling a video player to be
`displayed on a second user terminal of a
`second user; ......................................................... 60
`[20.16] enabling the video player to: play
`the first video, and display: the first image in
`accordance with the definition as to when
`the first image is to be displayed when the
`first video is played back; the second image
`in accordance with the definition as to when
`the second image is to be displayed when
`the first video is played back; .............................. 60
`[20.17] wherein in response to detecting that
`the second user has selected the first or the
`second image, a respective link, comprising
`a respective destination URL is activated,
`and a respective network destination
`corresponding to the respective destination
`URL is accessed by the second user
`terminal. ............................................................... 61
` Claim 23 ......................................................................... 61
` Claim 25 ......................................................................... 62
`Independent Claim 26 .................................................... 63
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`e.
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`f.
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`g.
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`h.
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`i.
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`[26.P] Non-transitory computer-readable
`media including computer-executable
`instructions that, when executed by
`computer system, cause the computer
`system to at least: ................................................. 63
`[26.1] provide to a first user terminal of a
`first user interface that enables the first user
`to upload a first video or provide a link to
`the first video; ...................................................... 63
`[26.2] receive, from the first user terminal of
`the first user, an upload of a first video or a
`link thereto; .......................................................... 63
`[26.3] provide to the first user terminal a
`second user interface that enables the first
`user to: provide at least one of an upload or
`a link to an image, add text to be associated
`with the image, add a link to be associated
`with the image; .................................................... 64
`[26.4] receive: an upload of or a link to a
`first image; a first item of text; and a first
`link, comprising a first destination Uniform
`Resource Locator (URL); .................................... 64
`[26.5] enable a content player to display the
`first video in association with a scrubber bar
`on the first user terminal; ..................................... 64
`[26.6] enable the first user to define when
`the first image is to be displayed when the
`first video is played back; .................................... 65
`[26.7] receive from the first user a definition
`as to when the first image is to be displayed
`when the first video is played back; .................... 65
`[26.8] receive via the second user interface:
`an upload of or a link to a second image; a
`second item of text; and a second link,
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`comprising a second destination Uniform
`Resource Locator (URL); .................................... 65
`[26.9] enable the first user to define when
`the second image is to be displayed when
`the first video is played back; .............................. 66
`[26.10] receive from the first user a
`definition as to when the second image is to
`be displayed when the first video is played
`back; ..................................................................... 66
`[26.11] enable a video player to be displayed
`on a second user terminal of a second user; ........ 66
`[26.12] enable the video player to: play the
`first video, and display: the first image in
`accordance with the definition as to when
`the first image is to be displayed when the
`first video is played back; the second image
`in accordance with the definition as to when
`the second image is to be displayed when
`the first video is played back; .............................. 66
`[26.13] wherein in response to detecting that
`the second user has selected the first or the
`second image, a respective link, comprising
`a respective destination URL is activated,
`and a respective network destination
`corresponding to the respective destination
`URL is accessed by the second user
`terminal. ............................................................... 67
` Claim 30 ......................................................................... 67
`Unpatentability Ground 2: Claims 1-4, 11, 12, 15-18, 20,
`23, 25, 26, and 30 Are Obvious Over Fink and Geer .............. 68
`D. Unpatentability Ground 3: Claim 5 Is Obvious over Fink
`in View of Lerman ................................................................... 72
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`C.
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`E.
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`F.
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`Unpatentability Ground 4: Claim 7 Is Obvious over Fink
`(or Fink and Geer) in View of Miller ....................................... 73
`Unpatentability Ground 5: Claim 19 Is Obvious over
`Fink (or Fink and Geer) in View of Sterner ............................. 75
`G. Unpatentability Ground 6: Claim 24 Is Obvious over
`Fink (or Fink and Geer) in View of Kilar ................................ 77
`H. Unpatentability Ground 7: Claim 27 Is Obvious over
`Fink (or Fink and Geer) in View of Lerman and Sterner ......... 80
`1.
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`[27a] The non-transitory computer-readable
`media as defined in claim 26, wherein the
`computer-executable instructions, when executed
`by computer system, cause the computer system to:
`provide for display on the first user terminal an
`interface configured to enable a user to drag
`content to the interface and to upload the content
`dragged to the interface to the computer system; .......... 80
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`2.
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`[27b] provide for display on the first user terminal
`an interface configured to enable a user to
`organize videos of the user by category; and ................ 80
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`3.
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`[27c] enable the video player to be embedded on a
`third party site and the first video to be played via
`the video player embedded on the third party site. ........ 81
`CONCLUSION ................................................................................... 84
`X.
`LISTING OF THE CHALLENGED ’987 PATENT CLAIMS ................... 85
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`x
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`I, Adam Porter, state the following:
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`I.
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`INTRODUCTION
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`1.
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`I have been retained by Venable LLP, counsel for MG Freesites Ltd,
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`to provide my opinions concerning the patentability of claims 1-5, 7, 11, 12, and
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`15-20, 23-27 of U.S. Patent No. 10,205,987 (“the ’987 Patent”).
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`2.
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`I am being compensated at a rate of $650/hr for my time in connection
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`with this matter. My compensation is not contingent on the outcome of this matter
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`or the specifics of my testimony. I have no financial interest in the outcome of this
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`matter.
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`II. QUALIFICATIONS
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`3.
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`I have summarized in this section my educational background, career
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`history, publications, and other relevant qualifications. My Curriculum Vitae,
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`which includes my qualifications as well as my publications, is included as Exhibit
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`1003.
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`4.
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`I am a Professor in the Department of Computer Science at University
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`of Maryland and the University of Maryland Institute for Advanced Computer
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`Studies. I also hold affiliate appointments as a Professor in the University of
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`Maryland Institute for Systems Research and in the Applied Research Laboratory
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`for Intelligence and Security. I have served as Associate Director of the University
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`of Maryland Institute for Advanced Computer Studies and I currently serve as the
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`Executive Director of the Fraunhofer USA Center Mid-Atlantic, an applied
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`research center focused on translating, developing, and applying computing
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`advances for use by government and industry.
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`5.
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`In 1986, I obtained a Bachelor’s degree in computer science from
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`California State University, Dominguez Hills. In 1988, I obtained a Master’s
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`degree in computer science from University of California, Irvine. In 1991, I
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`obtained a Doctor of Philosophy degree in computer science from University of
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`California, Irvine.
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`6.
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`I first began lecturing on the topic of computer science at University
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`of Maryland in 1991 and have continued to work there to this day (as Assistant
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`Professor, then as Associate Professor and later as Full Professor). Over that time
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`period, I also served as visiting professor or researcher at various other universities
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`and institutions, including Carnegie Mellon University’s Software Engineering
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`Institute, and the Università della Svizzera Italiana, in Switzerland.
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`7.
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`I have served on the editorial boards of the IEEE Transactions on
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`Software Engineering, the ACM Transactions on Software Engineering and
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`Methodology, and the Journal of Learning Health Systems. I have also served as a
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`technical consultant for many companies, including Sun Microsystems, Lucent
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`Bell Laboratories, Motorola and IBM.
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`8.
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`Over the past 30 years, I have authored numerous articles discussing
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`various topics of computer science and software engineering. I also have system
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`design experience, including with respect to Internet-based systems and software
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`that parsed source code and analyzed and visualized user annotations.
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`III. MATERIALS CONSIDERED
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`9.
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`In connection with forming my opinions, I have considered the
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`references and materials cited herein, including the following:
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`Exhibit
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`Description
`
`1001
`
`U.S. Patent No. 10,205,987 (“’987 patent”)
`
`1003
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`Curriculum Vitae of Dr. Adam Porter
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`1004
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`<RESERVED>
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`1005
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`U.S. Patent Application Publication No. 2011/0112915 (“Geer”)
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`1006
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`<RESERVED>
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`1007
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`U.S. Patent Application Publication No. 2009/0300475 (“Fink”)
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`1008
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`U.S. Patent Application Publication No. 2007/0263984 (“Sterner”)
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`Exhibit
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`Description
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`1009
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`<RESERVED>
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`1010
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`Michael Miller, YouTube for Business, 2nd ed. (2011) (“Miller”)
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`1011
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`<RESERVED>
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`1012
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`U.S. Patent Application Publication No. 2013/0004138 (“Kilar”)
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`1013
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`U.S. Patent No. 7,809,802 (“Lerman”)
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`1014
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`Ulead DVD MovieFactory 2 User Guide, November 2002
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`1015
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`Greg Jarboe, YouTube and Video Marketing, An Hour a Day, 2nd
`ed. (2012)
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`1031
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`Prosecution history of U.S. Patent No. 10,205,987
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`IV. LEGAL STANDARDS
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`10.
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`In expressing my opinions and considering the subject matter of the
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`claims of the ’987 Patent, I am relying upon certain basic legal principles that have
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`been provided and explained to me.
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`A. Relevant Time Period for Unpatentability Analysis
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`11.
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`I have been asked to assume the priority date for the claims is April
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`18, 2012. Therefore, for the purposes of this declaration, I have analyzed
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`anticipation and obviousness as of that date.
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`B. Unpatentability by Anticipation and Obviousness
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`12.
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`In expressing my opinions and considering the subject matter of the
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`claims of the ’987 Patent, I am relying upon certain basic legal principles that have
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`been provided and explained to me.
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`13.
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`I understand that a claim is unpatentable as anticipated if all of the
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`elements of the claim are described or disclosed in a single prior art reference.
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`14.
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`It is my understanding also that a patent claim is unpatentable if the
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`claimed invention as a whole would have been obvious to a person having ordinary
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`skill in the art (“POSA”) at the time of the invention, in view of the prior art in the
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`field and analogous fields. I understand that a patent claim can be found
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`unpatentable as obvious where the differences between the subject matter sought to
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`be patented and the prior art are such that the subject matter as a whole would have
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`been obvious at the time the invention was made to a person having ordinary skill
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`in the relevant field. I understand that an obviousness analysis involves a
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`consideration of (1) the scope and content of the prior art; (2) the differences
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`between the claimed invention and the prior art; (3) the level of ordinary skill in
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`the pertinent field; and (4) secondary considerations of non-obviousness.
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`15.
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`I understand that to prove a claimed invention is unpatentable for
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`obviousness, it may be useful to understand why a POSA would have been
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`motivated to combine prior art references.
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`16. Obviousness may be shown by demonstrating that it would have been
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`obvious to modify what is taught in a single piece of prior art, or to combine the
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`teachings of more than one prior art reference, to create the patented invention. In
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`determining whether a piece of prior art could have been modified or combined
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`with other prior art or with other information within the knowledge of one of
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`ordinary skill in the art, the following are examples of approaches and rationales
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`that may be considered:
`o Combining prior art elements according to known methods to yield predictable
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`results;
`o Simple substitution of one known element for another to obtain predictable
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`results;
`o Use of a known technique to improve similar devices (methods, or products) in
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`the same way;
`o Applying a known technique to a known device (method, or product) ready for
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`improvement to yield predictable results;
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`o Applying a technique or approach that would have been "obvious to try"
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`(choosing from a finite number of identified, predictable solutions, with a
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`reasonable expectation of success);
`o Known work in one field of endeavor may prompt variations of it for use in
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`either the same field or a different one based on design incentives or other
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`market forces if the variations would have been predictable to one of ordinary
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`skill in the art; or
`o Some teaching, suggestion, or motivation in the prior art that would have led
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`one of ordinary skill to modify the prior art reference or to combine prior art
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`reference teachings to arrive at the claimed invention. I also understand that
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`this suggestion or motivation may come from such sources as explicit
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`statements in the prior art, or from the knowledge or common sense of one of
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`ordinary skill in the art.
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`17.
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`I understand that an invention that might be considered an obvious
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`variation or modification of the prior art may be considered non-obvious if one or
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`more prior art references discourages or lead away from the line of inquiry
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`disclosed in the reference(s). For purposes of assessing obviousness, a reference
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`does not "teach away" from an invention simply because the reference suggests
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`that another embodiment of the invention is better or preferred. My understanding
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`of the doctrine of teaching away requires an indication that the combination should
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`not be attempted (e.g., because it would not work or explicit statement saying the
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`combination should not be made).
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`V.
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`PERSON OF ORDINARY SKILL IN THE ART
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`18.
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`I have been asked to assume the priority date for the claims is April
`
`18, 2012. I have been informed that the priority date may be in dispute in this
`
`proceeding, and Petitioner is asserting that the proper priority date is no earlier
`
`than March 14, 2013. However, my opinions herein remain the same even when
`
`based on a priority date of March 14, 2013.
`
`19.
`
`I believe that a POSA in the field of the ’987 Patent in 2012 would
`
`have been a person with a Bachelor’s degree in Electrical Engineering, Computer
`
`Engineering, or Computer Science (or the equivalent degree) plus approximately
`
`two years of work experience with technologies relating to content annotation
`
`and/or content sharing among multiple users. I also believe that more education
`
`can allow for less work experience and vice versa.
`
`20. By 2012, I had a Ph.D. degree in Computer Science and had been
`
`studying or working in the software industry for roughly 30 years. As such, I was
`
`qualified as at least a POSA, and I have had a sufficient level of knowledge,
`
`experience, and education to provide an expert opinion in the field of the ’987
`
` 8
`
`
`
`Patent.
`
`
`
`
`
`
`
`21. My opinions below are based on the perspective of a person of
`
`ordinary skill in the art at the time of the assumed date referenced therein. I have
`
`taught and worked on projects, which practiced the technology at issue for the ’987
`
`Patent, with a number of students and professionals, both in Universities and in the
`
`computer industries, who would have qualified as a POSA.
`
`VI. CLAIM CONSTRUCTION
`
`22.
`
`I have generally applied the plain and ordinary meaning of the terms
`
`recited in the claims, as would have been understood by persons of skill in the art
`
`in 2012.
`
`VII. SUMMARY OF OPINIONS
`
`23. Based on the materials that I have reviewed, the analysis I have
`
`performed, and the positions I have summarized within this report, I have formed
`
`at least the following opinions listed below.
`
`24. Claims 1-4, 11, 12, 15-18, 20, 23, 25, 26, and 30 are unpatentable as
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`anticipated by U.S. 2009/0300475 (“Fink”).
`
`25. Claims 1-4, 11, 12, 15-18, 20, 23, 25, 26, and 30 are unpatentable as
`
`obvious over Fink and U.S. 2011/0112915 (“Geer”).
`
`26. Claim 5 is unpatentable as obvious over Fink (or Fink and Geer) and
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`U.S. 7,809,802 (“Lerman”).
`
` 9
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`
`
`
`
`
`
`
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`27. Claim 7 is unpatentable as obvious over Fink (or Fink and Geer) and
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`Michael Miller, YouTube for Business (“Miller”).
`
`28. Claim 19 is unpatentable as obvious over Fink (or Fink and Geer) and
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`U.S. 2007/0263984 (“Sterner”).
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`29. Claim 24 is unpatentable as obvious over Fink (or Fink and Geer) and
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`U.S. 2013/0004138 (“Kilar”).
`
`30. Claim 27 is unpatentable as obvious over Fink (or Fink and Geer),
`
`Lerman, and Sterner.
`
`VIII. THE ’987 PATENT
`A. Background
`
`31. Consumer DVD editing/burning software, such as Ulead DVD
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`MovieFactory, was available as of 2002 which allowed users to produce custom
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`DVDs from their own videos, such as home movies. Ex. 1013, pp. 1 (user guide
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`dated Nov. 2002), 2 (2002 copyright date), 4. This software possessed
`
`functionality that allowed users to add chapter information for these videos in the
`
`same manner as in commercial DVD movies, thereby allowing viewers to more
`
`easily find a desired portion of the movie to watch:
`
`Add/Edit chapters
`…
`[E]ach chapter is like a bookmark for a video clip. Viewers
`can easily select a chapter then the video clip will
`
`10
`
`
`
`
`
`
`
`immediately jump to the first scene of that chapter and
`start the playback. This feature is particularly useful when
`you want to attract your viewers by giving them the
`freedom to choose a particular part of the movie to watch.
`…
`Creating or editing chapters linked to a video clip:
`1 Select a video in the Media clip list.
`2 Click Add/Edit Chapter.
`3 … drag the Jog Bar to move to a scene as the first frame
`of a chapter, and then click Add.
`
`Ex. 1014, p. 12.
`
`Editing menus:
`…
`2 Click “My Title” to customize the menu heading. You
`can also click the text description under each video
`thumbnail for customization.
`
`Id., p. 13.
`
`32. Moving forward in time, by 2008-2009, the YouTube website already
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`possessed an annotation feature that allowed users to add annotations to their
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`uploaded videos at specified intervals of the video. Ex. 1015, p. 16. Such
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`annotation functionality in YouTube provided users with the ability to “add
`
`interactive commentary to … videos” such as “add[ing] background information,
`
`crea[ting] branching stories, or add[ing] links to any YouTube video … at any
`
`11
`
`
`
`
`
`
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`point in your video.” Id.; see also id., pp. 86-88 (user “insert[s] commentary” to
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`the video by “by adding speech bubbles, notes, and highlight boxes anywhere”
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`desired), 256 (“Annotations can be used to embed clickable text boxes within a
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`video frame itself”). This functionality in YouTube also allowed a user to “edit
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`start/stop times” of the annotations and, again, “add links” in each annotation. Id.,
`
`pp. 86-88.
`
`B.
`
`’987 Patent
`
`33. The ’987 Patent states that it “relates to video distribution and media
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`players.” Ex. 1001, 1:17-18.
`
`34. The ’987 Patent states that a website may receive and store user-
`
`uploaded videos (e.g., product reviews) and make these videos “available to all
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`viewers.” Id., 20:41-44, 23:29-33. The website also receives and stores a “product
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`tag” from a user, which is associated with a “reviewed product” and may include
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`“words or phrases” or “pictures”. Id., 21:32-55. For example, in the context of a
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`video of a product being reviewed, a user may create a tag to “describe[] … the
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`reviewed product and/or their feelings regarding the reviewed product.” Id.,
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`21:35-38. A user may also upload images of products that have been tagged. Id.,
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`8:36-47.
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`35. These tags, including uploaded images, may be “displayed during
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`video playback,” “appear … as the video proceeds,” and “change during playback
`
`12
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`
`
`
`
`
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`as different products are discussed.” Id., 12:19-26. These tags may be displayed at
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`various spatial locations within the video player, such
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