`
`Infringement Contentions for U.S. Patent No. 10,028,026 vs. DISH
`
`Plaintiff Broadband iTV, Inc. accuses Defendant DISH Network, L.L.C. (“DISH”) of making, using, offering for sale, selling in
`and/or importing into the United States DISH’s video-on-demand service, set-top boxes (“STBs”), including the Hopper 3, Hopper w/
`Sling, Hopper, Hopper Duo, Wally, 4K Joey, Wired Joey, Wireless Joey, Super Joey, device apps, such as DISH’s “DISH Anywhere”
`App available for Apple and iOS devices (including the Apple TV, iPads, iPhones and iPod touch), Android devices (including phones
`and tablets), and Amazon Fire devices (including the Fire TV Stick, Cube, and Fire TV edition Smart TV), where such apps are
`downloaded to subscribers’ Internet-connected devices, and Xbox One and PlayStation 4 devices, (collectively, the “Accused
`Product(s)”), all of which provide subscribers with access to DISH’s video-on-demand service via the Internet. The term “Accused
`Products” includes the associated computer software and data, associated hardware, and processes and methods related thereto. DISH
`directly infringes U.S. Patent No. 10,028,026 (the “’026 Patent”) by making, using, offering for sale, selling in and/or importing into
`the United States the Accused Products, which meet each and every limitation of the claims as shown in the charts below. DISH
`directly infringes the ’026 patent by making, using, offering for sale, selling in and/or importing into the United States set-top boxes,
`including all variants of the Hopper, Wally, and Joey STBs, which as shown below meet each and every limitation of the claims
`charted below. DISH is therefore liable for infringement of the ’026 Patent under 35 U.S.C. § 271(a).
`
`DISH induces infringement of the ’026 Patent by providing to third parties including users, customers, agents and others the Accused
`Products to utilize in an infringing manner, as charted below. DISH intends to cause infringement by such third parties because DISH
`instructs and/or controls and directs third parties to use the Accused Products in an infringing manner, including without limitation by
`instructing the users to operate DISH STB products. DISH manifests this intent by providing support services for the Accused
`Products, including providing instructions, guides, online materials. See, e.g. STB feature and set up guides
`https://my.dish.com/support/products/hopper/how-to, https://my.dish.com/cms-files/support/products/hopper/joeywired/setupguide-
`joey3.pdf, other device setup instructions https://my.dish.com/dish-anywhere/fire-tv, https://my.dish.com/support/services/tv/mobile-
`viewing/dish-anywhere/how-tos/dishanywhere/how-to-use/auth-deauth, and online guide to watching VOD content
`https://my.dish.com/support/services/tv/pay-per-view/how-to-order, https://www.dish.com/features/dish-anywhere/. DISH further
`manifests this intent by providing technical support for the Accused Products, including providing instructions, guides, online
`materials and technical support. See, e.g., DISH support web page https://my.dish.com/support, Apple App Store listing for the iOS
`DISH Anywhere App, Google Play Store listing for the Android DISH Anywhere App, Amazon listing for Amazon Fire DISH
`Anywhere App, and in-app instructions in the iOS, Android, and Fire DISH Anywhere Apps. DISH is therefore liable for
`infringement of the ’026 Patent under 35 U.S.C. § 271(b).
`
`
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`1
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`DISH Ex-1027, p. 1
`DISH v. BBiTV
`IPR2020-01267
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`AT&T EXHIBIT 1027
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`
`
`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
`DISH contributes to infringement of the ’026 patent by offering to commercially distribute, commercially distributing, or importing its
`video-on-demand service and device apps to users, which in combination with a subscriber device, such as a smartphone or tablet,
`satisfy each and every limitation of the charted claims, as charted below. DISH provides device apps to users, who then install those
`apps on their devices, such as smartphones and tablets. The combination of the VOD service and the device apps constitute a material
`portion of the invention and has no substantial non-infringing uses. DISH knows portions of the Accused 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 a substantial noninfringing use. To the extent DISH STBs are manufactured by third-party vendors, DISH
`contributes to infringement of the ’026 Patent by providing material parts of the invention, including EPG software loaded onto the
`STBs. The third-party vendor infringes claims of the ’026 patent by making, using (e.g., testing), offering for sale, and/or selling in the
`United States STBs that use DISH’s EPG software to access DISH’s VOD platform, in violation of 35 U.S.C. § 271(a). DISH knows
`the EPG software to be especially made or especially adapted for use in infringement of the ’026 Patent, and not to be staple articles,
`nor commodities of commerce suitable for substantial noninfringing use. DISH is thereby liable for infringement of the ’026 Patent
`under 35 U.S.C. § 271(c).
`
`The asserted claims include elements that are implemented, at least in part, by proprietary and specialized electronics, firmware and
`software in the Accused Products. The precise designs, processes, and algorithms used in them are held secret, at least in part, and are
`not publicly available in their entirety. An analysis of DISH’s documentation and/or source code may be necessary to fully and
`accurately describe all infringing features and functionality of the Accused Products and, accordingly, Plaintiffs reserve the right to
`supplement these contentions once such information is made available to Plaintiffs. Furthermore, Plaintiffs reserve the right to revise
`these contentions, including as discovery in the case progresses, in view of any non-infringement arguments DISH may make (e.g., to
`allege infringement under the doctrine of equivalents), in view of the Court's final claim construction in this action and in connection
`with the provision of expert reports.
`
`
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`DISH Ex-1027, p. 2
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`IPR2020-01267
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`AT&T EXHIBIT 1027
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`
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`DISH Ex-1027, p. 3
`DISH v. BBiTV
`IPR2020-01267
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
`Evidence of Infringement by DISH
`To the extent that the preamble is limiting, the Accused Products include an Internet-
`connected digital device for receiving, via the Internet, video content to be viewed by a
`subscriber of a video-on-demand system using a hierarchically arranged electronic
`program guide, 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 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.
`
`DISH STBs
`
`DISH provides subscribers with Set-Top-Boxes (“STBs”) as part of its TV packages.
`
`For example, in each of DISH’s packages, it advertises a “Smart HD DVR Included.”
`
`Claim Language1
`1. An Internet-connected digital
`device for receiving, via the
`Internet, video content to be
`viewed by a subscriber of a video-
`on-demand system using a
`hierarchically arranged electronic
`program guide, 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 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
`
`
`
` Words in bold were changed by certificates of correction.
`
`3
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` 1
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`same category information as was
`designated by a video content
`provider in metadata associated
`with the video content;
`
`[Satellite TV Packages - Compare Packages & Prices. Available at
`https://www.dish.com/programming/packages/. Captured 1/8/2020]
`
`DISH requires users to purchase or lease DISH-compatible equipment in order to receive
`service.
`
`
`
`[Residential Customer Agreement. Available at
`
`4
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`DISH Ex-1027, p. 4
`DISH v. BBiTV
`IPR2020-01267
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`AT&T EXHIBIT 1027
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`
`
`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
`https://www.dish.com/downloads/legal/residential-agreement.pdf. Captured 1/8/2020]
`
`One example of a DISH STB is the Hopper 3.
`
`[DISH Hopper 3 Receiver Support. https://my.dish.com/support/receivers/hopper-3.
`Captured 1/8/2020]
`
`
`
`DISH also makes numerous other STB devices available, including:
`Hopper w/ Sling
`[https://mydish.com/support/receivers/hopper-w-sling. Captured
`2/27/2020]
`Hopper
`[https://my.dish.com/support/receivers/hopper. Captured 2/27/2020],
`Hopper Duo
`[https://my.dish.com/support/receivers/hopper-duo. Captured 2/27/2020],
`
`Wally
`
`[https://my.dish.com/upgrades/products/receivers/wally. Captured
`2/27/2020],
`4K Joey
`[https://my.dish.com/support/receivers/4k-joey. Captured 2/27/2020],
`
`5
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`DISH Ex-1027, p. 5
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Wired Joey
`[https://my.dish.com/support/receivers/wired-joey. Captured 2/27/2020],
`Wireless Joey
`[https://my.dish.com/support/receivers/wireless-joey. Captured 2/27/2020],
`Super Joey
`[https://my.dish.com/support/receivers/super-joey. Captured 2/27/2020].
`DISH may also make other models available, or may have made other models
`available that are not currently listed on its site.
`
`
`DISH’s STBs are internet-connected digital devices.
`
`For example, DISH instructs its users to connect its STBs to the internet and provides
`guides for how to connect its STBs to the internet. DISH’s STBs are part of a video-on-
`demand (VOD) system. DISH advertises that connecting a STB to the internet will give
`users access to On Demand content.
`
`
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`6
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`DISH Ex-1027, p. 6
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`[Free On Demand from DISH. https://my.dish.com/perks/on-demand. Captured 1/8/2020]
`
`A guide to connect a Hopper STB to the internet is provided:
`
`
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`7
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`DISH Ex-1027, p. 7
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`[Connect Your DISH Hopper to the Internet.
`https://my.dish.com/support/products/hopper/how-to/pair/receiver-to-internet. Captured
`1/8/2020]
`
`
`
`STBs such as Joeys (including the Wired Joey, Wireless Joey, Super Joey, and 4K Joey)
`work in conjunction with a DISH Hopper (including the Hopper, Hopper Duo, Hopper 3,
`Hopper w/Sling, and Wally) STB. While Hopper STBs connect to the internet directly,
`
`8
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`DISH Ex-1027, p. 8
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Joeys connect to the internet via a Hopper STB. Joeys use their connected Hopper’s
`internet connection and receive all their information from their connected Hopper.
`
`[Connect Your DISH Hopper to the Internet.
`https://my.dish.com/support/products/hopper/how-to/pair/receiver-to-internet. Captured
`1/8/2020]
`
`
`
`[LatrishaR. Re: Wireless Joey won’t connect to internet. Available at
`https://communities.dish.com/t5/At-Home/Wireless-Joey-won-t-connect-to-internet/td-
`
`9
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`DISH Ex-1027, p. 9
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`IPR2020-01267
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`p/4254/page/3. 4/12/2019. Captured 1/13/2020.]
`
`[Joey Setup Instructions, page 16. https://my.dish.com/cms-
`files/support/products/hopper/joeywired/setupguide-joey3.pdf. Captured 1/13/2020]
`
`
`
`DISH’s STBs receive, via the internet, video content to be viewed by a subscriber of
`a video-on-demand system.
`
`For additional support for “receiving, via the Internet, video content . . .” see the support
`for the “wherein the received video content was uploaded to a Web-based content
`management system” element, infra.
`
`DISH’s STBs are part of a video-on-demand system.
`
`10
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`DISH Ex-1027, p. 10
`DISH v. BBiTV
`IPR2020-01267
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`[Free On Demand from DISH. https://my.dish.com/perks/on-demand. Captured 1/8/2020]
`
`
`
`[Order and Watch Pay-Per-View and On Demand Content.
`
`
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`11
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`DISH Ex-1027, p. 11
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`https://my.dish.com/support/services/tv/pay-per-view/how-to-order. Captured 3/17/2020]
`
`
`
`DISH’s STBs are configured to obtain and present to the subscriber an EPG.
`
`Shown below is the EPG provided by the DISH STB.
`
`The EPG provided by DISH’s STBs is hierarchically arranged.
`
`
`
`For example, a first level shows program titles.
`
`
`
`
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`12
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`DISH Ex-1027, p. 12
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`DISH Ex-1027, p. 13
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
` A
`
` second level shows the details of the program selected at the first level.
`
`
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`13
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Customers navigate through the hierarchical EPG using navigation buttons on the remote
`control portion of the STB.
`
`[54-Series DISH Remote Control Overview.
`https://my.dish.com/support/products/remotes/54. Captured 1/8/2020]
`See also the remote control models offered by DISH listed at
`https://my.dish.com/support/remote-control-overviews.
`
`
`
`The EPG provided by DISH’s STB is presented as a templatized display.
`Additionally, the EPG provided by DISH’s STB uses at least one of a plurality of
`different display templates.
`
`During operation, for example, the top level of DISH’s EPG will display a template with
`reserved areas for cover content art. In the example below, a template for both “the
`unexplained watch event” and “free movies” is shown as the EPG is loading. These
`
`14
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`reserved areas of the template are populated with cover art as the display is completed.
`
`
`
`
`
`
`
`
`[DISH STB screenshots captured on a Hopper with Sling through a Slingbox 500].
`This behavior is seen at various levels of the EPG.
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`15
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`DISH Ex-1027, p. 15
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`DISH Ex-1027, p. 16
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`As another example, the layout of the EPG for different video content is identical, with
`content for different shows placed in the same areas, showing that a template is used
`across the EPG. Because the same template is used for the two titles below, the layout of
`their metadata is the same.
`
`Title
`
`Cover Image
`
`Genres and
`availability
`
`Viewer
`Selection
`Options
`
`
`
`17
`
`Description
`of Video
`
`
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`DISH Ex-1027, p. 17
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Title
`
`Cover Image
`
`Genres and
`availability
`
`Viewer
`Selection
`Options
`
`Description
`of Video
`
`
`The EPG provided by DISH’s STBs enables subscribers to navigate in a drill-down
`manner through titles by category information in order to locate a particular one of
`the titles desired for viewing.
`
`The EPG provided by DISH STBs contains several types of hierarchical drill-down
`menus. For example, the EPG displays categories which the user may choose among.
`When a user selects a category, they are shown items in that category. When a user
`selects a category, they are shown items in that category. The following sets of drill-
`downs will be hereinafter referred to as the “STB Drill-Downs.”
`
`For example, in the example below, a user may navigate in a drill-down manner through
`categories of VODs such as scrolling down on the On Demand menu to select “Browse by
`Channel,” selecting Starz, selecting Movies, selecting Comedies, and selecting “A Dog’s
`Way Home.” If a user then selects “Watch On Demand,” the video content will start
`playing. This drill-down navigation example is referred to herein as the “STB/Network
`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Drill-Down.”
`DISH’s STB menu has a top level, where “On Demand” can be selected.
`
`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`From the On Demand menu, a user can scroll down the list and select a content provider
`such as Starz.
`
`
`The user will have the option to choose from options such as “Movies” or “Series.”
`
`
`
`
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`DISH Ex-1027, p. 20
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`If a user selects the “Movies” category, the user will then have the option to pick from
`sub-categories such as “Action,” “Anime,” “Comedy,” and more.
`
`Within the “Comedy” category, a user can select a particular movie.
`
`
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`21
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`DISH Ex-1027, p. 21
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`The page offers a summary and the option to play the movie.
`
`If “Watch On Demand” is selected, the movie will play.
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`
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`22
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`DISH Ex-1027, p. 22
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`AT&T EXHIBIT 1027
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
`
`As another example, a subscriber may drill down from the On Demand menu through the
`“Free TV Shows” on-demand menu, then selecting a category such as “Comedy,” the
`“Comedies for Kids,” and selecting a show such as “Disney Mickey Mouse.” A user may
`then select an episode, which will display a title-specific menu. When the user selects
`“Watch On Demand,” This drill-down navigation example is referred to herein as the
`“STB/TV Drill-Down.”
`
`
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`DISH Ex-1027, p. 23
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`After selecting the top level “On Demand” button, a user may select one category out of
`the various categories of available content.
`
`
`
`
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`DISH Ex-1027, p. 24
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`A user may scroll down to the “Free TV Shows” category and move his or her cursor left
`to select “See More.”
`
`
`The user will be presented with categories within “Free TV Shows,” such as “Premiums,”
`“Kids & Family,” “Comedy,” “Drama,” and more.
`
`
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`DISH Ex-1027, p. 25
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`The user may then scroll down to a category such as “Comedy,” and select “See More.”
`
`
`Multiple sub-categories are shown, such as “Most Watched,” “Binge Watch…”
`
`
`
`… “Broadcast Network Comedies,” “Comedies for Kids…”
`
`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`… and “Adult Comedies.”
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`
`
`
`
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`The user may select “See All” within one of these subcategories, such as “Comedies for
`Kids.”
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`
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`27
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`DISH Ex-1027, p. 27
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`The EPG will generate the page using a template, as discussed above.
`
`
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`The user may then select a show, such as “Disney Mickey Mouse.”
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`
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`DISH Ex-1027, p. 28
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`Within the show, the user has the option to choose from many different seasons and
`episodes.
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`DISH Ex-1027, p. 29
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`A user may scroll down to select a season, such as “Season 4.”
`
`
`The user may then select an episode within Season 4 such as “Easy Street.”
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`DISH Ex-1027, p. 30
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`After the episode is selected, the episode page with more details is shown, and the user
`may select “Watch On Demand.”
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`
`If the user selects “Watch on Demand,” the episode will start downloading and playing.
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`As another example, a subscriber may drill down from the top-level VOD menu into a
`filtered list of titles belonging to a selected category, such as “Free Movies” then
`“Action,” “R-Rated Action,” then into a title-specific screen such as “Atomic
`Blonde.” This drill-down navigation example is referred to herein as the “STB/Genre
`Filter Drill-Down.”
`
`From the top level menu, a user may scroll down to the “Free Movies” category and select
`“See More.”
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`The EPG will generate the page using a template, as discussed above.
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`33
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`On this level of the EPG, the user has many categories to choose from, such as “Classics,”
`“Comedy,” “Drama,” and “Fantasy,” among others.
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`If a user moves his or her selection over one of the items on this menu, the EPG will
`display some metadata of the video content on the EPG, such as the above description of
`“The Mountain Between Us.” The user may select “See More” on the “Action” category.
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`The EPG will then construct the available Action movies.
`
`
`This level shows more sub-categories such as “Just Added,” “Most Watched…”
`
`… “Classic Action,” “R-Rated Action…”
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`… “Martial Arts,” and “Matt Damon,” among others.
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`
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`A user may select a title in “R-Rated Action” such as “Atomic Blonde.”
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`Selecting the title opens a title-specific page, where more details are shown.
`
`
`If the user selects “Watch On Demand,” the movie will start downloading and playing.
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`39
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`40
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`If a user returns to the title-specific menu, the EPG will show the speed at which the
`movie is downloading to the user’s STB.
`
`Other options in the “On Demand” menu lead to other similar navigation paths. All DISH
`STBs utilize the same or substantially similar hierarchically arranged electronic program
`guide for video-on-demand content.
`
`Device Apps
`
`
`
`DISH provides device apps that enable a subscriber to configure a device such as a
`smartphone or tablet into an Internet-connected digital device for receiving, via the
`Internet, video content to be viewed by subscribers using a hierarchically arranged
`electronic program guide.
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`41
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`[TV Streaming On-The-Go With DISH Anywhere. https://www.dish.com/features/dish-
`anywhere/. Captured 1/8/2020]
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`42
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`[TV Streaming On-The-Go With DISH Anywhere. https://www.dish.com/features/dish-
`anywhere/. Captured 1/8/2020]
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`
`
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`[TV Streaming On-The-Go With DISH Anywhere. https://www.dish.com/features/dish-
`anywhere/. Captured 1/8/2020]
`
`DISH provides subscribers with software (device apps), such as the DISH Anywhere App
`available for iOS devices (including iPhones and iPads), Android devices, and Amazon
`Fire devices (including the Amazon Fire Tablets and Fire TV devices such as the Fire TV
`
`43
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`DISH Ex-1027, p. 43
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Cube, Fire TV Stick, and Fire TV edition TVs). The apps are downloaded to subscribers’
`Internet-connected devices.
`
`DISH provides subscribers with the DISH Anywhere App available for Android devices
`on Google Play.
`
`
`[ https://play.google.com/store/apps/details?id=com.sm.SlingGuide.DISH. Captured
`3/13/2020]
`
`DISH provides subscribers with the DISH Anywhere App available for iOS devices on
`Apple’s App Store.
`
`
`[https://apps.apple.com/us/app/dish-anywhere/id327125649. Captured 3/13/2020]
`
`DISH provides subscribers with the DISH Anywhere App available for Amazon Fire
`devices on Amazon’s App Store.
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`44
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`DISH Ex-1027, p. 44
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`AT&T EXHIBIT 1027
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`DISH Ex-1027, p. 45
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
`[https://www.amazon.com/DISH-Network-LLC-Anywhere/dp/B00ILYCMRG. Captured
`3/13/2020]
`
`As instructed by DISH, subscribers load these apps into their third-party Internet-
`connected iOS, Android, or Amazon Fire device.
`
`[Dish Anywhere. https://my.dish.com/dish-anywhere. Captured 3/17/2020]
`
` A
`
` device running DISH’s DISH Anywhere App is an Internet-connected digital
`device that receives, via the internet, video content to be viewed by a subscriber.
`
`As detailed below, DISH has arranged for Comcast to support DISH video on demand
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`
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`45
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`services via it’s Comcast Media Center (CMC) video on demand infrastructure.
`The CMC system allows content providers to upload video content to the U-verse system
`via a web-based interface known as Express Lane On Demand Application. This web-
`based interface is accessible via the internet. The uploaded content is processed via the
`path shown in the figure below and is then transmitted to DISH’s DISH Anywhere App
`on their devices. DISH’s DISH Anywhere App as installed on a device, therefore,
`receives via the internet, video content to be viewed by a subscriber.
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`
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`DISH Ex-1027, p. 46
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`(CMC Video On Demand Overview.pdf); Comcast, 2010.
`
` A
`
` device running the DISH Anywhere App is part of a video-on-demand system.
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`
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`46
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`[Dish Anywhere. https://my.dish.com/dish-anywhere. Captured 3/17/2020]
`
`
`
` A
`
` device running the DISH Anywhere App is configured to obtain and present to the
`subscriber an electronic program guide (EPG).
`
`In the DISH Anywhere App, DISH provides an electronic program guide 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.
`
`
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`47
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`DISH Ex-1027, p. 47
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`48
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`DISH Ex-1027, p. 48
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`
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`
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`As described above in connection with the STB, the layout of the EPG for different video
`content is identical, with content for different shows placed in the same areas, showing
`that a template is used across the EPG.
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`
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`49
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Title
`
`Cover Image
`
`Provider
`
`Description
`dropdown
`
`
`
`
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`The EPG on the device app version of DISH Anywhere is configured the same as on the
`DISH STBs. For example, in the example below, a user may navigate in a drill-down
`
`50
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`manner through categories of VODs such as viewing content by Network, selecting CBS,
`selecting 60 Minutes, and selecting an episode of 60 Minutes to watch. This drill-down
`navigation example is referred to herein as the “Device/Network Drill-Down”
`
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`51
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`DISH Ex-1027, p. 51
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`52
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`DISH Ex-1027, p. 52
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`AT&T EXHIBIT 1027
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`53
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`DISH Ex-1027, p. 53
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`
`As another example, a subscriber may drill down from the “Movies” on-demand menu
`into a title-specific menu. This drill-down navigation example is referred to herein as the
`“Device/Movie Drill-Down.”
`
`54
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`DISH Ex-1027, p. 54
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`55
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`DISH Ex-1027, p. 55
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`AT&T EXHIBIT 1027
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`
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`56
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`DISH Ex-1027, p. 56
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`AT&T EXHIBIT 1027
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`57
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`DISH Ex-1027, p. 57
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`AT&T EXHIBIT 1027
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`
`
`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
`
`
`As another example, a subscriber may drill down from the top-level VOD menu into a
`filtered list of titles belonging to a selected category, then into a title-specific
`screen. This drill-down navigation example is referred to herein as the “Device/Genre
`
`58
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`DISH Ex-1027, p. 58
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`Filter Drill-Down.”
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`59
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`DISH Ex-1027, p. 59
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`60
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`DISH Ex-1027, p. 60
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`61
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`DISH Ex-1027, p. 61
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`AT&T EXHIBIT 1027
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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` (template with graphics in process of loading)
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`
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`62
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`DISH Ex-1027, p. 62
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`AT&T EXHIBIT 1027
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
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`63
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`DISH Ex-1027, p. 63
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`Exhibit 1 (Claim Chart for U.S. Patent No. 10,028,026)
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`
`Although the above screenshots are captured on iOS, functionality is the same among
`different platforms, such as the Apps offered through Google Play and the Amazon
`Appstore.
`
`64
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`DISH Ex-1027, p. 64
`DISH v. B