IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:19-cv-716
`
`JURY TRIAL DEMANDED
`
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`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`DISH NETWORK, L.L.C.,
`Defendant.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Broadband iTV, Inc. (“BBiTV”), by and through the undersigned counsel,
`hereby files this complaint (“Complaint”) and makes the following allegations of patent
`infringement relating to U.S. Patent Nos. 10,028,026, 10,506,269, 9,998,791, and 9,648,388
`against Defendant DISH Network, L.L.C. (“DISH”) and alleges as follows upon actual
`knowledge with respect to itself and its own acts and upon information and belief as to all other
`matters:
`
`NATURE OF THE ACTION
`
`This is an action for patent infringement. BBiTV alleges that DISH infringes U.S.
`1.
`Patent Nos. 10,028,026 (the “’026 Patent”), 10,506,269 (the “’269 Patent”), 9,998,791 (the “’791
`Patent”), and 9,648,388 (the “’388 Patent”) copies of which are attached hereto as Exhibits A-D
`(collectively, “the Asserted Patents”).
`2.
`BBiTV alleges that DISH directly and indirectly infringes the Asserted Patents by
`making, using, offering for sale, selling and importing, among other things, set-top boxes
`(“STBs”) and mobile device apps that provide certain novel video-on-demand (“VOD”)
`functionalities. DISH also induces and contributes to the infringement of others, including its
`users, customers, agents, or other third parties. BBiTV seeks damages and other relief for
`
`BBiTV EX2002
`AT&T v. Broadband iTV
`IPR2021-00556
`
`

`

`DISH’s direct and indirect infringement of the Asserted Patents.
`THE PARTIES
`3.
`BBiTV is a Delaware corporation headquartered at 201 Merchant Street, Suite
`1830, Honolulu, Hawaii 96813.
`4.
`BBiTV holds all substantial rights, title and interest in and to the Asserted Patents.
`5.
`Defendant DISH Network L.L.C. is established under the laws of the State of
`Colorado, with a principal place of business at 9601 S. Meridian Boulevard, Englewood,
`Colorado 80112. DISH Network L.L.C. can be served in Texas through its registered agent,
`Corporation Service Company d/b/a CSC – Lawyers Incorporating Service Company, located at
`211 E. 7th Street, Suite 620, Austin, Texas 78701. Upon information and belief, Defendant
`DISH Network L.L.C. is a wholly owned subsidiary of DISH Network Corporation.
`JURISDICTION AND VENUE
`
`6.
`This action for patent infringement arises under the Patent Laws of the United
`States, 35 U.S.C. § 1 et. seq. This Court has original jurisdiction under 28 U.S.C. §§ 1331 and
`1338.
`
`7.
`Venue in the Western District of Texas is proper pursuant to 28 U.S.C.
`§§ 1391(b), (c) and § 1400(b) because DISH has a regular and established place of business in
`this District; has committed acts within this District giving rise to this action; and DISH
`continues to conduct business in this District, including one or more acts of selling, using,
`importing, and/or offering for sale infringing products or providing support service to DISH’s
`customers in this District. For example, DISH owns the following in this District: (1) “customer
`call center, warehouse, service, and remanufacturing center” in El Paso, Texas; (2) “micro
`digital broadcast operations center” in Mustang Ridge, Texas; (3) “regional digital broadcast
`operations center” in New Braunfels, Texas; and (4) property at 1285 Joe Battle Boulevard, El
`Paso, Texas. See DISH Annual Report for year ending December 31, 2018, at pp. 62, F-76.1
`
`1 Available at https://dish.gcs-web.com/static-files/1500d9f6-3b27-4e59-b4a0-d7f3257cb992.
`
`2
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`

`

`8.
`DISH is subject to this Court’s specific and general personal jurisdiction pursuant
`to due process or the Texas Long Arm Statute, due at least to DISH’s substantial business in this
`forum, including: (i) business related to infringing acts as alleged herein; or (ii) regularly doing
`or soliciting business, engaging in other persistent courses of conduct, or deriving substantial
`revenue from goods and services provided to individuals in Texas and in this District. Within
`this state, DISH has used the patented inventions thereby committing, and continuing to commit,
`acts of patent infringement alleged herein. In addition, DISH has derived revenues from its
`infringing acts occurring within the Western District of Texas. Further, DISH is subject to the
`Court’s general jurisdiction, including from regularly doing or soliciting business, engaging in
`other persistent courses of conduct, and deriving substantial revenue from goods and services
`provided to persons or entities in Texas and the Western District of Texas. Further, DISH is
`subject to the Court’s personal jurisdiction at least due to its sale of products or services within
`Texas and the Western District of Texas. DISH has committed such purposeful acts or
`transactions in Texas such that they reasonably should know and expect that they could be haled
`into this Court because of such activity.
`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 10,028,026
`
`9.
`The allegations of paragraphs 1-8 of this Complaint are incorporated by reference
`as though fully set forth herein.
`10.
`The ’026 Patent, titled “System for addressing on-demand TV program content on
`TV services platform of a digital TV services provider,” issued on July 17, 2018. A copy of the
`’026 Patent is attached as Exhibit A.
`11.
`Pursuant to 35 U.S.C. § 282, the ’026 Patent is presumed valid.
`12.
`Upon information and belief, DISH makes, uses, offers for sale, and/or sells in the
`United States and/or imports into the United States products and services that provide DISH’s
`subscribers with video on-demand (“VOD”) services using set-top boxes (“STBs”) and mobile
`device apps (collectively the “Accused ’026 Patent Products”). Specifically, DISH, by and
`through its various operator subsidiaries, provides such Internet-connected STBs, such as Hopper
`
`3
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`

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`2 and 3 for receiving, via the Internet, video content to be viewed by VOD system subscribers.
`Likewise, DISH provides such mobile device apps, such the DISH Anywhere App available for
`iOS devices on Apple’s App Store and for Android devices on Google Play that are downloaded
`to subscribers’ Internet-connected devices—including smartphones and tablets—for receiving,
`via the Internet, video content to be viewed by VOD system subscribers. See
`https://apps.apple.com/us/app/dish-anywhere/id327125649;
`https://play.google.com/store/apps/details?id=com.sm.SlingGuide.Dish.
`
`
`
`
`13.
`Upon information and belief, the Accused ’026 Patent Products infringe at least
`claims 1, 3, 5, 8, and 11 of the ’026 Patent in the exemplary manner described below.
`14.
`As to claim 1, DISH provides an Internet-connected digital device, including a
`set-top box for receiving, via the Internet, video content to be viewed by a subscriber of a video-
`on-demand system. DISH additionally provides software (e.g., the DISH Anywhere iOS and
`Android mobile device apps) for which a third-party Internet-connected device (e.g., a
`smartphone or tablet) receives, via the Internet, video content to be viewed by a subscriber of a
`video-on-demand system.
`
`4
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`

`
`
`
`
`15.
`In both cases, DISH provides an electronic program guide (EPG) as a templatized
`video-on-demand display, which uses at least one of a 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.
`
`16.
`The EPGs on the Accused ’026 Patent Products are used by subscribers to select
`VOD content. The EPGs include a templatized VOD display having a first layer that includes at
`least one of a basic color, logo, or graphical theme to display. For example, the EPGs include a
`background screen to provide a black background, digital clock, and graphical theme.
`
`
`
`5
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`17.
`The EPGs on the Accused ’026 Patent Products also include a second layer
`comprising a particular display template from the plurality of different display templates layered
`on the background screen, wherein the particular display template comprises one or more
`reserved areas that are reserved for displaying content provided by a different layer of the
`plurality of layers. For example, the EPG includes a second layer comprising reserved areas for
`displaying content provided by a different layer of the plurality of layers.
`
`
`
`
`
`18.
`The EPGs on the Accused ’026 Patent Products include a third layer having
`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. For example,
`the EPGs include a second layer comprising reserved areas for displaying content in a third layer,
`such as received video content, the associated metadata, and the associated plurality of images to
`
`6
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`

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`be displayed in the one or more reserved areas in the particular display template as text, an
`image, a navigation link, and a button.
`
`
`
`19.
`The EPGs on the Accused ’026 Patent Products allow navigating through titles in
`a drill-down manner including navigating from a first level of the hierarchical structure of a
`video-on-demand content menu to a second level of the hierarchical structure to locate the
`particular one of the titles. 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 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 hierarchical structure.
`
`7
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`First level showing the first display template:
`
`Second level showing the second display template:
`
`
`
`
`20.
`The Accused ’026 Patent Products receive video content that 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
`
`8
`
`

`

`to be displayed on the Internet-connected digital device using the respective hierarchically-
`arranged category information associated with the respective title, wherein at least one of the
`uploaded associated plurality of images designated by the video content provider is displayed
`with the associated respective title in the templatized video-on-demand display.
`21.
`For example, on information and belief, DISH uses Comcast Technology
`Solutions, formerly known as Comcast Media Center (“CMC”), as a web-based Content
`Management System and Distribution Service known as Express Lane to ingest video content
`and related metadata and images that are used to generate EPGs:
`
`
`Source: Exhibit F (Comcast, 2013); Exhibit G (Comcast, 2010).
`22.
`The Accused ’026 Patent Products receive from the Express Lane platform the
`VOD application-readable metadata and images that are associated with respective video
`content. Express Lane receives VOD content from content producers and distributes the VOD
`content to the appropriate VOD system platforms.
`
`
`
`9
`
`

`

`
`Source: https://exl.comcastwholesale.com/terms (last accessed November 16, 2019).
`23.
`The VOD content is received along with VOD metadata, which includes
`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. The EPG uses this category of
`information designated by the video content provider to locate the title in the hierarchy of the
`program guide.
`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 20.
`24.
`The Accused ’026 Patent Products display at least one of the uploaded associated
`
`10
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`plurality of images designated by the video content provider with the associated respective title
`in the templatized VOD display.
`First level showing the first display template:
`
`Second level showing the second display template:
`
`
`
`
`25.
`As to claim 3, the plurality of different display templates used by the EPG are
`used to locate the particular one of the titles in a drill-down manner from a first level of a
`hierarchical structure of the electronic program guide to a second level of the hierarchical
`structure of the electronic program guide. A first of the plurality of display templates is used for
`
`11
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`displaying the first level of the electronic program guide.
`
`
`And a second of the plurality of different display templates is used for displaying the
`second level of the electronic program guide.
`
`
`26.
`As to claim 5, the associated metadata received along with the video content
`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, includes descriptive
`data about the video content, such as a short summary of the VOD asset.
`
`12
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`

`

`Source: Exhibit E, Express Lane User Guide v3.11, p. 18.
`
`
`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 18.
`27.
`As to claim 8, the Internet-connected digital device includes a set-top box. DISH
`provides an Internet-connected digital device, including a set-top box.
`
`
`
`
`28.
`As to claim 11, the Internet-connected device includes a digital phone such as a
`smartphone. DISH provides a mobile device app such as the DISH iOS and Android mobile
`device apps to be used with smartphones.
`
`
`
`13
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`29.
`DISH has infringed, and continues to infringe, at least claims 1, 3, 5, 8, and 11 of
`the ’026 Patent in the United States, by making, using, offering for sale, selling and/or importing
`the Accused ’026 Patent Products in violation of 35 U.S.C. § 271(a).
`30.
`DISH also has infringed, and continues to infringe, at least claims 1, 3, 5, 8, and
`11 of the ’026 Patent by actively inducing others to use, offer for sale, and sell the Accused ’026
`Patent Products. DISH’s users, customers, agents, or other third parties, who use those devices
`in accordance with DISH’s instructions, infringe claims 1, 3, 5, 8, and 11 of the ’026 Patent, in
`violation of 35 U.S.C. § 271(a). Because DISH intentionally instructs its customers to infringe
`through training videos, demonstrations, brochures, and user guides, such as those located at:
`www.dish.com, my.dish.com/support, communities.dish.com, Apple App Store listing for the
`iOS DISH Anywhere App, Google Play Store listing for the Android DISH Anywhere App, in-
`app instructions in the iOS, and Android DISH Anywhere Apps, DISH is liable for infringement
`of the ’026 Patent under 35 U.S.C. § 271(b).
`31.
`DISH also has infringed, and continues to infringe, at least claims 1, 3, 5, 8, and
`11 of the ’026 Patent by offering to commercially distribute, commercially distributing, or
`importing the Accused ’026 Patent Products, which are used in practicing the processes, or using
`the systems, of the ’026 Patent, and constitute a material part of the invention. For example,
`DISH provides mobile device apps to users, who then install those apps on their mobile devices,
`such as smartphones and tablets. A mobile device that has been configured to use DISH’s
`mobile device app to access DISH’s VOD platform infringes claims 1, 3, 5, 8, and 11 of the ’026
`Patent, in violation of 35 U.S.C. § 271(a). DISH knows portions of the Accused ’026 Patent
`Products to be especially made or especially adapted for use in infringement of the ’026 Patent,
`and not to be staple articles, and not to be commodities of commerce suitable for substantial
`noninfringing use. DISH is thereby liable for contributory infringement of the ’026 Patent under
`35 U.S.C. § 271(c).
`32.
`DISH is on notice of its infringement of the ’026 Patent by no later than the filing
`and service of this Complaint. DISH also received notice of its infringement of the ’026 Patent
`
`14
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`

`on December 18, 2019, when BBiTV served DISH with an infringement notice letter. By the
`time of trial, DISH will have known and intended (since receiving such notice) that its continued
`actions would actively induce and contribute to the infringement of at least claims 1, 3, 5, 8, and
`11 of the ’026 Patent.
`33.
`Upon information and belief, DISH may have infringed and continues to infringe
`the ’026 Patent through other software and devices utilizing the same or reasonably similar
`functionality, including other versions of the Accused ’026 Patent Products.
`34.
`DISH’s acts of direct and indirect infringement have caused and continue to cause
`damage to BBiTV. BBiTV is, therefore, entitled to recover damages sustained as a result of
`DISH’s wrongful acts in an amount that is proven at trial.
`COUNT II – INFRINGEMENT OF U.S. PATENT NO. 10,506,269
`
`35.
`The allegations of paragraphs 1-8 of this Complaint are incorporated by reference
`as though fully set forth herein.
`36.
`The ’269 Patent, titled “System for addressing on-demand TV program content on
`TV services platform of a digital TV services provider,” issued on December 10, 2019. A copy
`of the ’269 Patent is attached as Exhibit B.
`37.
`Pursuant to 35 U.S.C. § 282, the ’269 Patent is presumed valid.
`38.
`Upon information and belief, DISH makes, uses, offers for sale, and/or sells in the
`United States and/or imports into the United States products and services that provide DISH’s
`subscribers with VOD services via mobile device apps (collectively the “Accused ’269 Patent
`Products”). Specifically, DISH provides such mobile device apps, such as the DISH Anywhere
`App available for iOS devices on Apple’s App Store and for Android devices on Google Play
`that are downloaded to subscribers’ Internet-connected devices—including smartphones and
`tablets—for receiving via the Internet video content to be viewed by a VOD system subscriber.
`See https://apps.apple.com/us/app/dish-anywhere/id327125649;
`https://play.google.com/store/apps/details?id=com.sm.SlingGuide.Dish.
`
`15
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`
`
`
`39.
`Upon information and belief, the Accused ’269 Patent Products infringe at least
`claims 1, 3, 4 and 6 of the ’269 Patent in the exemplary manner described below.
`40.
`As to claim 1, the Accused ’269 Patent Products include an interactive mobile
`application for providing, via the Internet, video content to be viewed by a subscriber of a video-
`on-demand system using a hierarchically arranged interactive electronic program guide.
`
`
`
`Source: www.comcasttechnologysolutions.com/resources/vod-ebook
`41.
`The Accused ’269 Patent Products obtain from a digital service provider system
`and present to the subscriber an electronic programming guide including a templatized video-on-
`demand display, which uses at least one display template to which the subscriber device has
`access, to enable the subscriber using the subscriber device to navigate in a drill-down manner,
`from a first level of a hierarchical structure of the electronic program guide based on subcategory
`information in order to locate a particular one of the plurality of titles whose associated video
`
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`content is desired for viewing on demand via the subscriber device.
`
`
`
`
`
`42.
`The Accused ’269 Patent Products provide a templatized VOD display that has
`been generated in a plurality of layers, comprising: (a) a first layer comprising a background
`screen to provide at least one of a basic color, logo, or graphical theme to display; (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 template comprises one or more
`reserved areas that are reserved for displaying content provided by a different layer of the
`plurality of layers; and (c) a third layer comprising reserved area content generated using
`program guide content information received by the subscriber device in real time from the digital
`television service provider system comprising at least one of text, image, video content, a
`navigation link, and a button to be displayed in the one or more reserved areas in the particular
`
`17
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`display.
`
`
`
`
`
`
`43.
`The program guide content information displayed by the Accused ’269 Patent
`Products 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
`
`18
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`

`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 displayed on the Internet-connected digital device using the
`respective hierarchically-arranged category information associated with the respective title,
`wherein at least one of the uploaded associated plurality of images designated by the video
`content provider is displayed with the associated respective title in the templatized video-on-
`demand display.
`44.
`For example, on information and belief, DISH uses Comcast Technology
`Solutions, formerly known as Comcast Media Center (“CMC”), as a web-based Content
`Management System and Distribution Service known as Express Lane to ingest video content
`and related metadata and images that are used to generate EPGs:
`
`Source: Exhibit F (Comcast, 2013); Exhibit G (Comcast, 2010).
`45.
`The Accused ’269 Patent Products receive from the Express Lane platform the
`VOD application-readable metadata and images that are associated with respective video
`content. Express Lane receives VOD content from content producers and distributes the VOD
`content to the appropriate VOD system platforms.
`
`
`
`19
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`

`

`
`Source: https://exl.comcastwholesale.com/terms (last accessed November 16, 2019).
`46.
`The VOD content is received along with VOD metadata, which includes
`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. The EPG uses this category of
`information designated by the video content provider to locate the title in the hierarchy of the
`program guide.
`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 20.
`47. With regard to the associated metadata, Express Lane ingests descriptive
`
`20
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`

`information that is displayed to the viewer.
`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 18.
`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 18.
`48.
`On information and belief, Express Lane similarly injests images that are also
`displayed to the viewer.
`
`
`
`
`
`
`
`
`49.
`As to claim 3, the Accused ’269 Patent Products are further configured to obtain
`login credentials from the subscriber device and verify with the digital television service
`provider that the login credentials are associated with a subscriber account. DISH’s mobile
`device app prompts for such login credentials:
`
`21
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`
`50.
`As to claim 4, the Accused ’269 Patent Products display at least one of the
`uploaded associated plurality of images designated by the video content provider with the
`associated respective title in the templatized video on demand display. As shown above, DISH’s
`mobile device app displays at least one image with associated titles.
`51.
`As to claim 6, the Accused ’269 Patent Products use the at least one display
`template to locate the particular one of the titles in a drill-down manner from a first level of a
`hierarchical structure of the electronic program guide to a second level of the hierarchical
`structure of the electronic program guide.
`
`
`
`
`22
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`
`
`
`
`52.
`DISH has infringed, and continues to infringe, claims 1, 3, 4 and 6 of the ’269
`Patent in the United States, by making, using, offering for sale, selling and/or importing the
`Accused ’269 Patent Products in violation of 35 U.S.C. § 271(a).
`53.
`DISH also has infringed, and continues to infringe, claims 1, 3, 4 and 6 of the
`’269 Patent by actively inducing others to use, offer for sale, and sell the Accused ’269 Patent
`Products. DISH’s users, customers, agents, or other third parties who use those products and/or
`DISH’s VOD service in accordance with DISH’s instructions infringe claims 1, 3, 4 and 6 of the
`’269 Patent, in violation of 35 U.S.C. § 271(a). Because DISH intentionally instructs its
`customers to infringe through training videos, demonstrations, brochures and user guides, such
`as those located at: www.dish.com, my.dish.com/support, communities.dish.com, Apple App
`Store listing for the iOS DISH Anywhere App, Google Play Store listing for the Android DISH
`Anywhere App, in-app instructions in the iOS and Android DISH Anywhere Apps, DISH is
`liable for infringement of the ’269 Patent under 35 U.S.C. § 271(b).
`54.
`DISH is on notice of its infringement of the ’269 Patent by no later than the filing
`and service of this Complaint. DISH also received notice of its infringement of the ’269 Patent
`on December 18, 2019, when BBiTV served DISH with an infringement notice letter. By the
`time of trial, DISH will have known and intended (since receiving such notice) that its continued
`actions would actively induce the infringement of at least claims 1, 3, 4 and 6 of the ’269 Patent.
`
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`55.
`Upon information and belief, DISH may have infringed and continues to infringe
`the ’269 Patent through other software and devices utilizing the same or reasonably similar
`functionality, including other versions of the Accused ’269 Patent Products.
`56.
`DISH’s acts of direct and indirect infringement have caused and continue to cause
`damage to BBiTV. BBiTV is, therefore, entitled to recover damages sustained as a result of
`DISH’s wrongful acts in an amount that is proven at trial.
`COUNT III – INFRINGEMENT OF U.S. PATENT NO. 9,998,791
`
`57.
`The allegations of paragraphs 1-8 of this Complaint are incorporated by reference
`as though fully set forth herein.
`58.
`The ’791 Patent, titled “Video-on-demand content delivery method for providing
`video-on-demand services to TV service subscribers,” issued on June 12, 2018. A copy of the
`’791 Patent is attached as Exhibit C.
`59.
`Pursuant to 35 U.S.C. § 282, the ’791 Patent is presumed valid.
`60.
`Upon information and belief, DISH makes, uses, offers for sale, and/or sells in the
`United States and/or imports into the United States products and services that provide DISH’s
`subscribers with VOD services using STBs (collectively the “Accused ’791 Patent Products”).
`Specifically, DISH, by and through its various operator subsidiaries, provides STBs such as the
`Hopper 2 and 3.
`
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`
`
`Source: https://www.dish.com/programming/packages/ (last accessed Nov. 27, 2019).
`61.
`Upon information and belief, the Accused ’791 Patent Products infringe at least
`claims 1, 12, and 18 of the ’791 Patent in the exemplary manner described below.
`62.
`As to claim 1, the Accused ’791 Patent Products deliver VOD content by
`providing VOD services to a plurality of television service subscribers via a television service
`provider system that comprises a VOD content delivery system having one or more computers.
`For example, the Accused ’791 Patent Products utilize one or more computers including the
`Comcast Technology Solutions, formerly known as Comcast Media Center (“CMC”), as a Web-
`based content management system for VOD content delivery.
`
`25
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`

`Source: Exhibit F (Comcast, 2013); Exhibit G (Comcast, 2010).
`
`
`
`63.
`The Accused ’791 Patent Products receive digital content, at the one or more
`computers of the video-on-demand content delivery system of the television service provider
`system from a Web-based content management system. For example, DISH receives from the
`CMC Express Lane platform the video-on-demand program content and hierarchical metadata in
`the form of title, categories and subcategories.
`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 20.
`64.
`CMC Express Lane is a Web-based content management system that receives
`VOD content from content producers and distributes the VOD content to the appropriate digital
`television system platforms.
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`65.
`The received content includes at least the following digital content: (i) a first
`video content, along with (ii) first metadata, associated with the first video content and usable in
`a VOD content menu, the first metadata comprising: (1) first title information comprising a first
`title, (2) first content provider designated hierarchically arranged category information and
`subcategory information to specify a location of the first title information for the video content in
`a predetermined VOD application, the first content provider designated category information and
`subcategory information associated with the first title information of the first video content using
`a same hierarchical structure of categories and subcategories as is to be used for placement of the
`first title information in the predetermined VOD application; and (3) first time information for
`availability of the first video content for scheduling of viewing of the first video content through
`the predetermined VOD application.
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`
`Source: Exhibit E, Express Lane User Guide v3.11, p. 20.
`66.
`The Accused ’791 Patent Products use first video content that was uploaded to the
`Web-based content management system by a content provider device associated with a first
`video content provider via the Internet in a digital video format, along with the associated first
`metadata including first title information, and first content provider designated hierarchically
`arranged category information and subcategory information designated by the first video content
`provider, to specify a hierarchical location of the first title of the first video content within the
`VOD content menu using the first category information and first subcategory information
`associated with the first title information. As illustrated in the example below, the VOD menu
`shows a hierarchical ordering of categories and sub-categories leading to a listing of titles
`according to the metadata discussed above.
`
`
`67.
`The Accused ’791 Patent Products store, at a video server comprising one or more
`computers and computer-readable memory operatively connected to the one or more computers
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`of the video server, respective video content, including the first video content, wherein the video
`server is associated with the VOD content delivery system and is configured to supply the
`respective video content, upon request, for transmission to a set top box operatively connected to
`TV equipment of a television service subscriber.
`
`
`68.
`The Accused ’791 Patent Products include set top boxes provided by DISH. The
`set top boxes are operatively connected to respective TV equipment of a respective television
`service subscriber with access to the VOD content menu for navigating through titles, including
`the first title of the first video content, by hierarchically-arranged category information and
`subcategory information including at least the first category information and the first subcategory
`information in order to locate a respective one of the titles whose associated video content is
`desired for viewing on the respective TV equipment. The DISH STB VOD menu shows a
`hierarchical ordering of categories and sub-categories leading to a listing of titles.
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`69.
`The Accused ’791 Patent Products include a VOD content menu that lists the
`titles using the same hierarchical structure of category information and subcategory information
`as was designated by