IPR2021-00716
`U.S. Patent No. 8,688,028
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`DECLARATION OF DR. JOHN C. HART, Ph.D.
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`StratosAudio Exhibit 2019
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`IPR2021-00716
`Page 1 of 98
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`U.S. Patent No. 8,688,028
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`
`IPR2021-00716
`U.S. Patent No. 8,688,028
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`DECLARATION OF DR. JOHN C. HART, Ph.D.
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`StratosAudio Exhibit 2019
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`IPR2021-00716
`Page 1 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`TABLE OF CONTENTS
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`A.
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`Background and Qualifications ............................................................. 5
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`Claim construction ................................................................................ 9
`A.
`Anticipation ......................................................................................... 10
`B.
`Obviousness ......................................................................................... 11
`C.
`D. Objective indicia of non-obviousness ................................................. 12
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`A.
`B.
`C.
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`Specification ........................................................................................ 15
`Claim 11 .............................................................................................. 24
`Claim 16 .............................................................................................. 27
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`“broadcast stream” .............................................................................. 28
`A.
`“broadcast segment” ............................................................................ 28
`B.
`“media content” ................................................................................... 30
`C.
`D. Additional terms identified by the Board ............................................ 31
`“receiving a broadcast stream comprising the at least one
`broadcast segment and associated media content” ................... 31
`“associating/associated” ............................................................ 32
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`“corollary” ................................................................................. 33
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`Takahisa (EX1004) .............................................................................. 34
`A.
`B. Mackintosh (EX1005) ......................................................................... 40
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`A.
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`B.
`C.
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`Takahisa does not anticipate Claim 11 ................................................ 44
`Takahisa does not disclose “[a] method for correlating
`media content identifying data with at least one broadcast
`segment received by
`the communication device”–
`Element 11[Pre] ........................................................................ 44
`Takahisa does not disclose “each
`identifying data
`aggregate associated with . . . the at least one broadcast
`segment” - Element 11[d] ......................................................... 46
`Takahisa does not anticipate claims 14, 15, and 18 ............................ 50
`Claim 16 is independently patentable over Takahisa .......................... 51
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`
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`A. Mackintosh fails to render obvious claim 11 ...................................... 54
` Mackintosh does not disclose “[a] method for correlating
`media content identifying data with at least one broadcast
`segment received by the communication device” –
`Element 11[Pre] ........................................................................ 54
` Mackintosh does not teach or suggest “each identifying
`data aggregate associated with . . . the at least one
`broadcast segment” - Element 11[d] ......................................... 55
`No disclosure of this element in Mackintosh ................. 55
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`No motivation to modify Mackintosh to meet
`this element ..................................................................... 58
`B. Mackintosh does not render obvious claims 14, 15, and 18 ............... 63
`C.
`Claim 16 is independently patentable over Mackintosh ..................... 64
` Mackintosh does not disclose “wherein the data stream
`further comprises data that enables a unique identification
`of the at least one broadcast segment” ...................................... 64
` Mackintosh’s “cut code” and “event code” do
`not uniquely identify a broadcast segment ..................... 64
` Mackintosh’s “cut code” and “event code”
`are not sent in the same data stream as media
`content identifying data .................................................. 69
`A POSITA would not be motivated to modify Mackintosh
`to derive “wherein the data stream further comprises data
`that enables a unique identification of the at least one
`broadcast segment” of Claim 16 ............................................... 72
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`INTRODUCTION
`1.
`I, John C. Hart, Ph.D., have been retained by Patent Owner
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`StratosAudio, Inc. (“Patent Owner”) as an independent expert witness in the above
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`referenced inter partes review (“IPR”) of United States Patent No. 8,688,028 (“the
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`’028 patent”) (EX1001). I understand that Volkswagen Group of America, Inc.
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`(“Petitioner”) has petitioned for inter partes review of the ’028 patent and requests
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`that the United States Patent and Trademark Office (“PTO”) cancel as unpatentable
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`certain claims of the ’028 patent.
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`2.
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`This declaration sets forth my analyses and opinions based on the
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`materials I have considered thus far and the bases for my opinions. I understand that
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`this declaration will be used in the above mentioned IPR2021-00716.
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`A. Background and Qualifications
`3. My qualifications are set forth in my curriculum vitae, a copy of which
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`is attached as Appendix A hereto. As set forth in my curriculum vitae, I have a B.S.
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`degree in Computer Science, as well as both an M.S. and Ph.D. degree in Electrical
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`Engineering and Computer Sciences. I am a tenured Professor of Computer Science
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`in the Department of Computer Science at the University of Illinois at Urbana-
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`Champaign, one of the top five CS departments in the nation according to US News
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`and World Report. As an educator for the past three decades, I have taught courses
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`in interactive computing to thousands of students, and served as its area chair from
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`2004 to 2011. I also strive to provide opportunities for the general public to learn
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`more about interactive computing. For example, in 1999 I oversaw the production
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`of the documentary “The Story of Computer Graphics.” I also teach an open course
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`on data visualization on Coursera that has reached over 360,000 learners worldwide
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`since 2016.
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`4.
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`The subject of the IPR is a patent titled “Broadcast Response System”
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`(emphasis added). As summarized in its abstract, it describes an interactive system
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`that allows a user to respond to a data stream. The invention is demonstrated by
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`embodiments based on a broadcast multimedia audio system. I have experience with
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`multimedia systems and have co-authored several peer-reviewed publications
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`regarding this subject matter:
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` P-C Wang, A.I. Ellis, J.C. Hart, C-H Hsu. Optimizing next-generation cloud
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`gaming platforms with planar map streaming and distributed rendering. Proc.
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`NetGames (15th Annual Workshop on Network and Systems Support for
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`Games), 2017.
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` P.R. Khorrami, V.V. Le, J.C. Hart, T.S. Huang. A System for Monitoring the
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`Engagement of Remote Online Students using Eye Gaze Estimation. Proc.
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`IEEE ICME Workshop on Emerging Multimedia Systems and Applications,
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`July 2014.
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` C. Dietrich, J. Hart, D. Raila, U. Ravaioli, N. Sobh, O. Sobh, C. Taylor.
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`InvertNet: a new paradigm for digital access to invertebrate collections.
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`ZooKeys 209, July 2012, pp. 165-181.
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` S. Shi, M. Kamali, K. Nahrstedt, J.C. Hart, R. Campbell. High-Quality Zero-
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`Delay Remote Rendering System for 3D Video. Proc. Multimedia, Oct. 2010.
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`5.
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`In addition to the above examples, I have been researching interactive
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`computing since 1987, with over a hundred papers, videos, patents and other
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`contributions to computer graphics, visualization, multimedia systems and human-
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`computer interaction. This work has been funded by Adobe, Intel, Microsoft, Nokia
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`and Nvidia as well as the National Science Foundation (NSF) and the Defense
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`Advanced Research Projects Agency (DARPA).
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`6.
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`I am also an internationally recognized leader in the area of interactive
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`computing. From 2002-08, I was the Editor-in-Chief of the top journal in computer
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`graphics, the Association for Computing Machinery (ACM) Transactions on
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`Computer Graphics. From 1994-1999, I served on the executive committee of the
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`main organization of computer graphics practitioners, the ACM Special Interest
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`Group on Computer Graphics and Interactive Techniques (SIGGRAPH). I continue
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`to oversee the peer review of major papers in the field through service as chair and
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`member of various paper review committees. I am also a founding member of the
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`editorial board of ACM Books, where I oversaw the publication of “The VR Book”
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`by Jason Jerald.
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`7.
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`I am being compensated for my time spent in connection with this
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`matter at my usual rate of $650 per hour. My compensation is not contingent on the
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`outcome of this case.
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`SUMMARY OF OPINIONS
`8.
`I have reviewed the Declaration of Vijay Madisetti, Ph.D. (EX1003)
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`(the “Madisetti Declaration”), the Petition, the prior art references cited therein, the
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`specification, claims, and prosecution history of the ’028 patent, and the PTAB’s
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`Institution Decision. I considered all these materials and additional exhibits cited
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`herein. I also relied on my education, training, and experience as a skilled artisan in
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`the field.
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`9.
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`The opinions that I express in this declaration are based on the
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`information and evidence currently available to me. It is my opinion that the
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`challenged claims of the ’028 patent are not anticipated or obvious in light of the
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`combinations of references set forth in the Petition.
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`10.
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`It is my opinion that claims 11, 14, 15, 16, and 18 are not anticipated
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`by Takahisa (EX1004).
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`11. Further, it is my opinion that claims 11, 14, 15, 16, and 18 are not
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`obvious in view of Mackintosh (EX1005).
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` LEGAL STANDARDS
`12.
`I am not an attorney, and therefore, my understanding of patent law and
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`the legal standards set forth in this report are based on explanations provided by
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`counsel.
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`13.
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`I have been informed by counsel and I understand that the ’028 Patent
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`was filed on May 7, 2013, but that it claims priority to U.S. Provisional Application
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`No. 60/232,333 filed on September 13, 2000. Therefore, I have been instructed by
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`counsel that the invention date of the ’028 Patent is September 13, 2000, for the
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`purposes of this Petition. I take no position on whether an earlier invention date
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`should be afforded the ’028 Patent.
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`A. Claim construction
`14.
`I understand that the United States Patent and Trademark Office
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`interprets claim terms in an inter partes review proceeding under the same claim
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`construction standard that is used in a United States federal court. I understand that,
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`under this standard, the meaning of claim terms is considered from the viewpoint of
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`a person having ordinary skill in the art (“POSITA”) at the time of the alleged
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`invention.
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`15.
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`I understand that claim terms are generally given their plain and
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`ordinary meaning as understood by a POSITA, in light of the specification and the
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`prosecution history pertaining to the patent. I have been further informed and
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`understand that claim terms are generally not to be imported from the embodiments
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`described in the specification unless the patentee has demonstrated a clear intention
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`to limit the claim scope.
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`16.
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`I understand that, in addition to the claims, specification, and
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`prosecution history, other evidence may be considered to ascertain the meaning of
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`claim terms, including textbooks, encyclopedias, articles, and dictionaries. I have
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`been informed and understand that this other evidence is often less significant and
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`less reliable than the claims, specification, and prosecution history.
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`B. Anticipation
`17.
`I understand that a patent claim is unpatentable as anticipated if each
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`element of that claim is present either explicitly or inherently in a single prior art
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`reference. I have also been informed that, to be an inherent disclosure, the prior art
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`reference must necessarily disclose the limitation, and the fact that the reference
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`might possibly practice or contain the claimed limitation is insufficient to establish
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`that the reference inherently teaches the limitation.
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`C. Obviousness
`18.
`I understand that even if an alleged claimed invention is not identically
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`disclosed or described in a single piece of prior art, the patent claim may still be
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`unpatentable if the differences between the claimed invention and the prior art (alone
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`or in combination) are such that the claimed invention as a whole would have been
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`obvious to a person having ordinary skill in the art at the time the invention was
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`made. I understand that the level of ordinary skill in the pertinent art is evaluated as
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`of the time of the invention, here the effective filing date of the ’028 patent.
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`19.
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`I also understand that, in addressing obviousness, the following factors
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`must be considered from the perspective of a hypothetical person of ordinary skill
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`in the relevant art: (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 the
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`art; and (4) any other indications (“objective indicia”) of non-obviousness, such as
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`commercial success, long-felt but unsolved needs, failure of others, industry
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`acclaim, and unexpected results.
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`20.
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`I understand that prior art references may be combined to render a claim
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`obvious if a person of ordinary skill in the art would have been motivated to combine
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`those teachings to derive the claimed subject matter with a reasonable expectation
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`of success. I also understand that the use of hindsight to select or combine prior art
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`references is improper for purposes of an obviousness analysis.
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`21.
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`I understand that in considering obviousness, it is relevant to consider
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`whether the art includes references that “teach away” from the claimed invention. I
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`have been informed that a reference teaches away from the claimed invention if a
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`person of ordinary skill, reading the reference, would be discouraged from following
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`the path of the claimed invention or would be led in a divergent direction.
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`D. Objective indicia of non-obviousness
`22. With regard to objective evidence of non-obviousness, I understand that
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`such objective evidence of non-obviousness may be used to rebut a prima facie case
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`of obviousness based on prior art. Objective evidence of non-obviousness includes:
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`23. Commercial Success: I understand that evidence of commercial
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`success can be considered as an indication of non-obviousness. I understand that the
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`law presumes an idea would successfully have been brought to market sooner, in
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`response to market forces, had the idea been obvious to persons skilled in the art.
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`24. Long-Felt but Unsolved Need: I understand that evidence that a
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`claimed invention solved longstanding problems or fulfilled a long-felt need in an
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`industry can be considered as an indication of non-obviousness. I understand that
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`existence of an enduring, unmet need is strong, practical evidence of the state of
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`knowledge at the relevant time period showing that the invention is novel and not
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`obvious, and not anticipated.
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`25. Copying: I understand that evidence that a competitor copied a claimed
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`invention can be considered as an indication of non-obviousness.
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`26. Licensing: I understand that evidence of acquiescence by a substantial
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`portion of competitors in a market to the validity of a patent, generally through
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`acceptance of a license, can be considered as an indication of non-obviousness.
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`27. Skepticism: I understand that evidence of skepticism by those of skill
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`in the art that the invention would work can be considered as an indication of non-
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`obviousness. I understand that, in effect, teaching away, is a more pointed and
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`probative form of skepticism expressed in the prior art.
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`28. Unexpected Results: I understand that evidence that shows that a
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`claimed invention exhibits some superior property or advantage, and that a person
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`of ordinary skill in that art would have found it surprising or unexpected, can be
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`considered as an indication of non-obviousness. In particular, if the benefits of a
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`combination of prior art elements were unpredicted by those of ordinary skill, then
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`they would have no apparent reason to pursue the claimed combination.
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`29. Praise by Others: I understand that evidence of praise by the industry
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`regarding the claimed invention can be considered as an indication of non-
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`obviousness.
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`30. Failure of Others: I understand that evidence that others have tried to
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`solve the same problem, but have failed can be considered as an indication of non-
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`obviousness.
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`31.
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`I understand that notwithstanding what the teachings of the prior art
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`would have suggested to one of ordinary skill in the art at the time of the invention,
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`the totality of the evidence submitted, including objective evidence of non-
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`obviousness, may lead to a conclusion that the challenged claims would not have
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`been obvious to one of ordinary skill in the art.
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`32.
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`I understand there must also be a causal relationship, termed a “nexus,”
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`between the objective evidence of non-obviousness and the claimed invention. I
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`understand that all types of objective evidence of non-obviousness must be shown
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`to have a nexus. The stronger the showing of nexus, the greater the weight accorded
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`the objective evidence of non-obviousness.
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` THE ’028 PATENT
`A.
`Specification
`33. The ’028 patent is titled “Broadcast Response System,” and discloses a
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`novel system and method for allowing a user to respond to broadcast media by
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`correlating media content identifying data with a broadcast segment. EX1001, 2:53-
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`55, Cl. 11. The ’028 Patent lists several applications of the invention, including
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`providing “a radio broadcast listener with the ability to obtain media content such as
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`music or speech while listening to the radio,” and allowing a user to “respond to
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`items in the radio broadcast such as advertisements, fund raising drives or interactive
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`listener polls during the broadcast.” EX1001, Abstract.
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`34. The ’028 Patent summarizes the state of the art, explaining that the
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`concept and application of including “ancillary signals” with FM broadcasts was
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`well known, and implemented as standards, including RBDS and RDS, as far back
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`as the “early 1990’s.” EX1001, 1:20-2:49. These ancillary metadata signals
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`accompanying the broadcast media would commonly include a “4-digit Program
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`Identification code (PI) which is derived from the transmitting station’s call letters,”
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`“traffic information,” “a 5-bit Program Type (PTY) code which describes the current
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`program or format being broadcast by the station (Rock, Oldies, Talk, News, etc.),”
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`and “RadioText (RT)” which “appears on RBDS-enabled radios as a scrolling
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`message which some stations use to identify the song or program being broadcasted”
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`or “to identify alternate frequencies where the same programming can be available,
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`in-house station text messages, or Emergency Alert System (EAS) communication
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`messages.” EX1001, 1:65-2:20.
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`35. The ’028 Patent was motivated to provides users receiving a broadcast
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`of media content with the ability to respond to the data associated with the broadcast.
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`EX1001, 2:53-55. The patent states that the RBDS and RDS systems allow
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`broadcasters to “distribute information to a large number of users” but do not “allow
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`individual users to respond to the broadcast information.” EX1001, 2:24-29. The
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`’028 Patent enumerates such desired responses, including purchasing a song,
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`pledging to a fund drive, or participating in a listener survey. EX1001, 2:30-49.
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`36. The ’028 Patent describes a number of embodiments, many of which
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`relate to use of “an Automatic Purchase System (APS) [that] provides a radio
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`broadcast listener with the ability to conveniently purchase media content such as
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`music or speech while listening to the radio.” EX1001, 2:53-3:57.
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`37. One embodiment describes each broadcaster as having a RBDS/RDS
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`enabled server onsite to “generate RBDS/RDS or equivalent code for inclusion in
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`the broadcast” and also receive listener responses to “validate and route purchase
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`information to the user’s wireless carrier for billing, monitor online sales
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`transactions for data mining, or route validated purchases to licensed creative content
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`providers.” EX1001, 3:7-13.
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`38.
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`In a related embodiment, the ’028 patent refers to a system where
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`“purchases are made by saving requests for selected items for purchase on a flash
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`card or storage technology and transferring that data to a personal computer for
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`purchase through the Internet at a later time.” EX1001, 3:34-37.
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`39. The ’028 patent includes a four-page Figure 1. I have extracted a
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`single-page version of this figure from Dr. Madisetti’s report at ¶33 and have
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`reproduced it below):
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`StratosAudio Exhibit 2019
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 17 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`40. As shown in Fig. 1, a radio station 140 includes a radio automation
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`system 142, an audio database/encoding server 144, an FM transmission system 146,
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`as well as a RBDS encoder 148. EX1001, 5:41-44. The radio automation 142
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`extracts information about songs or a radio program (e.g., song title, artist, or cut
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`information) from the station playlist and provides the extracted information to the
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`audio database/encoding server 144. EX1001, 5:44-48.
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`41. The audio database/encoding server 144 matches this information with
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`information in the database to determine whether an audio file corresponding to
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`StratosAudio Exhibit 2019
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 18 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`media content (e.g., song or radio program) is available for download. EX1001,
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`5:48-52. If a match is found, the audio database/encoding server 144 encodes
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`download information for that media content and sends the encoded download
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`information to the RBDS encoder 148. EX1001, 5:52-55.
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`42. The RBDS encoder 148 transmits the encoded download information
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`using the RBDS subcarrier 170 to the FM transmission system 146. EX1001, 5:57-
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`59. The RBDS encoder 148 also formats into the subcarrier signal 170 additional
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`information, such as the time and date that a specific broadcast segment is
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`transmitted. EX1001, 10:47-51. Accordingly, the subcarrier signal 170, in addition
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`to information identifying a media content (e.g., name of a song), also contains a
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`unique identifier that identifies each specific broadcast segment. EX1001, 5:64-6:2.
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`For example, assuming that a song is broadcast by a radio station at multiple different
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`times on a certain day, each instance of broadcast of that song by that radio station
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`would have a unique identifier identifying that specific broadcast segment.
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`43. The FM transmission system 146 modulates (or mixes) the subcarrier
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`170 with the FM baseband program 172 (that contains the audio corresponding to
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`the station playlist) and generates an FM RF signal 162 for transmission to a radio
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`receiver 100. EX1001, 5:56-63.
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`StratosAudio Exhibit 2019
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 19 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`44. Although the receiver 100 has not been labeled in FIG. 1, a POSITA
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`would readily understand, from the context of the description of Fig. 1, that the
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`“receiver 100” corresponds to the following boxed-in portion of Fig. 1 (annotated to
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`remove connecting lines and labeled with 100). In fact, this boxed-in portion of Fig.
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`1 is labeled “RADIO RECEIVER,” which a POSITA would understand indicates it
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`corresponds to the specification’s “receiver 100.”
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`45. The embodiments disclosed in the specification of the ’028 patent
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`further support a POSITA’s understanding that the “receiver 100” corresponds to
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`this boxed-in portion of Fig. 1. EX1001, 4:30-35. For example, the specification of
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`the ’028 patent indicates that “[i]n one embodiment, the radio receiver 100
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`comprises a Radio Frequency (RF) Demodulator Section 102, a RBDS/RDS
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`Decoder 106, a RBDS/RDS function control interpreter 104, an audio demodulator
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`Volkswagen v StratosAudio
`IPR2021-00716
`Page 20 of 98
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`U.S. Patent No. 8,688,028
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`amplifier section 108, a scrolling display 110, an Internet Download Director 112, a
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`local memory device 114 and the control interface 116.” EX1001, 4:30-35
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`(emphasis added). FIG. 1 depicts such components 102, 104, 106, 108, 110, 112,
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`114 and 116 all within the boxed-in portion.
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`46. Receiver 100 receives the transmitted FM RF signal 162, splits the
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`signal into an audio signal and a data signal, with the data signal provided to the
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`RBDS/RDS decoder 106 and the audio signal provided to the audio demodulator
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`amplifier section 108. EX1001, 4:39-43.
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`47. The ’028 patent describes embodiments of the invention on the
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`“technology enabled radio” (TER) shown in Fig. 2, reproduced below:
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`Volkswagen v StratosAudio
`IPR2021-00716
`Page 21 of 98
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`U.S. Patent No. 8,688,028
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`48. As shown in FIG. 2, the “technology enabled radio” (TER) 200 includes
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`a display 210 for displaying the extracted media content identifying data (e.g., name
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`of a song) and an interactive button 212 for receiving a response from the user.
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`EX1001, 6:52-7:9. The interactive button 212 can allow a user to select or “tag” a
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`song for future purchase. EX1001, 6:52-65, 7:10-14. If a song is tagged for
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`purchase, the APS module stores a unique identifier data 204 assigned to the specific
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`broadcast segment containing that song and adds the song to a playlist 208 that is
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`stored in the memory 220 of the receiver. EX1001, 6:62-7:5. The user can later
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`StratosAudio Exhibit 2019
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 22 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`access this list of tagged items and choose one or more items from this playlist 208
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`for future download. EX1001, 7:5-7.
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`49. The ’028 patent further explains that the radio can “use a wireless
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`interface 218 to send a purchase request . . . . to an APS server 260 for processing,
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`billing approval, and delivery of the content.” EX1001, 7:27-38. A second option
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`is available if the “user does not have a wireless phone, or does not have a good
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`connection with a wireless phone connected to the radio.” EX1001, 7:39-46. For
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`this second option, “[t]he user can select . . . broadcast content for purchase” and
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`these “content selections can be stored on the flash card or storage technology 220
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`for later use.” EX1001, 7:39-46 (emphasis added). This second option discloses
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`that the user selects content specific to a broadcast, and stores data identifying that
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`content in the memory. EX1001, 7:39-46.
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`50. The ’028 patent further discloses how this second-option embodiment
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`handles the purchase when a wireless connection to the APS server cannot be
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`obtained by the TER. EX1001, 7:49-61. “In [such] cases . . . , the flash card or
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`storage technology 220 can later be removed by the user and inserted in a personal
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`computer 240.” EX1001, 7:49-53. In this case, “[t]he routing information for each
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`selection stored on the flash card or storage technology 220 is passed to the APS
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`download software running on the user’s personal computer” which “allows the user
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`StratosAudio Exhibit 2019
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 23 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`to purchase the selected content and download it to a personal computer 240 as long
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`as the content was tagged with the proper security codes obtained from the APS
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`module 202 in the radio 200.” EX1001, 7:53-61. The ’028 patent states that “[t]he
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`data collected through ‘data mining’ of sales transactions can be sold to companies
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`interested in tracking demographic information and music sales such as record
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`companies and trade publications.” EX1004, 8:41-44; see also EX1004, 9:34-37.
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`B. Claim 11
`51. The term “communication device” appears in Claim 11 as “[a] method
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`for correlating media content identifying data with at least one broadcast segment
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`received by a communication device, the method comprising: receiving . . . ; at least
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`one computer process . . . ; storing an electronic memory of the communication
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`device . . . ; and providing for presentation . . . .” EX1001, Cl. 11 (emphasis added).
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`As required by Claim 11, the communication device must thus (1) receive a
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`broadcast segment, and (2) include an electronic memory.
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`52. Claim 11, according to its preamble, discloses “[a] method for
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`correlating media content identifying data with at least one broadcast segment
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`received by a communication device.” A POSITA would understand this correlation
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`would be important, for example, for data mining. “In one embodiment, activity of
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`each sale using the above system is tracked for the purposes of aggregating data or
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`StratosAudio Exhibit 2019
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 24 of 98
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`IPR2021-00716
`U.S. Patent No. 8,688,028
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`‘Data Mining’ for sale to interested parties such as trade publications and record
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`companies.” EX1001, 9:34-36. A POSITA would understand that such activity data
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`important for mining would include not only what song was purchased, but which
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`broadcast of that song triggered the purchase. Did the user decide to purchase the
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`song when it was broadcast in the morning, afternoon, evening or night? A POSITA
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`would understand that answering such questions would require a system fo
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