throbber
PATENT OWNER’S PRESENTATION
`
`VOLKSWAGEN GROUP OF AMERICA, INC. ET AL.
`V.
`STRATOSAUDIO, INC.
`IPR2021-00712
`IPR2021-00716
`
`UNITED STATES PATENT TRIAL AND APPEAL BOARD
`JULY 21, 2022
`
`1
`
`StratosAudio Exhibit 2022
`Volkswagen v StratosAudio
`IPR2021-00716
`Page 1 of 72
`
`

`

`Background
`
`U.S. Patent Nos. 8,903,307 (“the ’307 patent) and 8,688,028 (“the ’028 patent”)
`are in the same family with substantively the same text. This presentation
`focuses on the ’307 patent and IPR2021-00712. The presentation provides
`parallel cites to the record in IPR2021-00716.
`
`The ’307 patent describes a system and method for allowing a user to respond to
`broadcast media by correlating media content identifying data with a broadcast
`segment.
`IPR2021-00712, Paper No. 28 (POR) at 7; EX1001 (’307 Patent) EX1001, 2:55-57, Cl. 11; EX2019 (Hart
`declaration) ¶34; IPR2021-00716, Paper No. 28 (POR) at 7; EX1001 (’028 Patent) EX1001, 2:53-55, Cl. 11; EX2019 (Hart
`declaration) ¶33.
`
`EX1001 (’307 patent), 2:55-57 (annotated).
`
`2
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`

`

`Background
`
`The ’307 patent states that at the time of the invention, RBDS and RDS systems
`allowed broadcasters to “distribute information to a large number of users” but
`did not “allow individual users to respond to the broadcast information.” IPR2021-00712,
`
`Paper No. 28 (POR) at 8, citing EX1001 (’307 patent), 2:26-31; EX2019 (Hart declaration), ¶36.
`
`EX1001 (’307 patent), 2:26-31 (annotated).
`
`3
`
`Page 3 of 72
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`

`

`Background
`
`EX1001 (’307 patent), Figs. 1A, 1B, 1C, 1D; IPR2021-00712, Paper No. 28 (POR) at 10; IPR2021-00716, Paper No. 28 (POR) at 10.
`
`4
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`

`

`Background
`
`EX1001 (’307 patent), Fig. 2; IPR2021-00712, Paper No. 28 (POR) at 14; IPR2021-00716, Paper No. 28 (POR) at 14.
`
`5
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`

`

`’307 patent, Independent Claim 11
`
`11[pre]
`
`A system for correlating media content
`identifying data with at least one broadcast
`segment received by a communication
`device, the system comprising:
`
`EX1001, 15:30-32.
`
`11[d]
`
`11[a]
`
`11[b]
`
`11[c]
`
`receiver configured to receive a broadcast
`stream comprising the at least one broadcast
`segment and associated media content,
`EX1001, 15:32-35.
`the receiver further configured to receive a
`data stream associated with the broadcast
`stream, the data stream comprising, at a
`minimum, the media content identifying data,
`wherein the media content identifying data
`comprises at least one element;
`
`EX1001, 15:35-39.
`
`at least one computer processor
`configured to extract the media content
`identifying data from the data stream,
`associating each media content
`identifying data element with at least
`one of a plurality of media content
`EX1001, 15:40-43.
`
`an electronic memory of the communication
`device configured to store, at a minimum,
`media content identifying data elements into
`identifying data aggregates, each identifying
`data aggregate associated with at least one
`of the plurality of media content and the at
`least one broadcast segment,
`
`EX1001, 15:44-49.
`
`11[e]
`
`wherein the at least one broadcast segment
`is corollary to the at least one of the plurality
`of media content; and
`
`11[f]
`
`EX1001, 15:49-51.
`an output configured to present at least a
`portion of the data elements stored in the
`electronic memory of the communication
`device to provide selective outputting using
`an interface of at least one of the following:
`the media content identifying data, the
`media content, the corollary broadcast
`segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`EX1001, 15:52-58.
`
`6
`
`Page 6 of 72
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`

`

`’028 patent, Independent Claim 11
`
`11[pre]
`
`A method for correlating media content
`identifying data with at least one broadcast
`segment received by a communication device,
`the method comprising:
`EX1001, 15:21-23.
`
`11[d]
`
`11[a]
`
`11[b]
`
`11[c]
`
`receiving a broadcast stream comprising the
`at least one broadcast segment and
`associated media content;
`EX1001, 15:24-25.
`
`receiving a data stream associated with the
`broadcast stream, the data stream
`comprising, at a minimum, the media
`content identifying data, wherein the media
`content identifying data comprises at least
`one element;
`
`EX1001, 15:26-29.
`
`extracting the media content identifying
`data from the data stream, associating
`each media content identifying data
`element with at least one of a plurality of
`media content;
`
`EX1001, 15:30-32.
`
`storing in an electronic memory of the
`communication device, at a minimum,
`media content identifying data elements into
`identifying data aggregates, each identifying
`data aggregate associated with at least one
`of the plurality of media content and the at
`least one broadcast segment,
`
`EX1001, 15:33-38.
`
`11[e]
`
`11[f]
`
`wherein the at least one broadcast
`segment is corollary to the at least one
`of the plurality of media content; and
`EX1001, 15:38-40.
`
`providing for presentation of at least a
`portion of the data elements stored in the
`electronic memory of the communication
`device, whereby the providing provides
`selective outputting, using an interface,
`of at least one of the following: the media
`content identifying data, the media
`content, the corollary broadcast
`segment, a temporal position of the
`corollary broadcast segment of the
`broadcast stream.
`
`EX1001, 15:41-16:4.
`
`7
`
`Page 7 of 72
`
`

`

`’307 Patent – Claim 16
`
`• Claim 16 recites the system of claim 11 and requires that the data stream
`further comprises data that enables a unique identification of the at least one
`broadcast segment. EX1001, Cl. 16, 16:38-40.
`
`EX1001 (’307 patent), Cl. 16, 16:38-40.
`
`8
`
`Page 8 of 72
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`

`

`Takahisa
`
`9
`
`Page 9 of 72
`
`Page 9 of 72
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`

`

`Takahisa – Fig. 1
`
`Takahisa — Fig. 1 EX1004, Fig. 1.
`
`EX1004, Fig. 1.
`
`
`10
`Page 10 of 72
`
`Page 10 of 72
`
`

`

`Takahisa – Fig. 3
`Takahisa — Fig. 3
`
`Composer
`Information
`
`Running
`Time
`
`Ordering
`Information
`
`Prague Festival Orchestra
`
`305
`
`L. Janacek
`
`Concertino for
`Piano & Chamber Ensemble
`
`EX1004, Fig. 3.
`EX1004, Fig. 3.
`
`11
`
`Page 11 of 72
`
`Page 11 of 72
`
`

`

`Takahisa – Fig. 5
`Takahisa — Fig. 5
`
`502
`Error Correction
`
`50a
`Store Data At Specified
`Screen Address
`
`504
`ew Program
`Material?
`
`506
`Display Main Screen
`Data
`in First-Level Menu
`
`507
`Determine which new
`screen requested
`
`Figure 5
`
`Reset New Screen
`Request Flag
`
`510
`
`Display New Screen
`Data
`
`
`
`EX1004, Fig. 5.
`EX1004, Fig. 5.
`
`12
`
`Page 12 of 72
`
`Page 12 of 72
`
`

`

`Takahisa – Fig. 7
`
`Takahisa — Fig. 7
`
`EX1004, Fig. 7.
`EX1004, Fig. 7.
`
`13
`
`Page 13 of 72
`
`Page 13 of 72
`
`

`

`141
`
`Page 14 of 72
`
`Page 14 of 72
`
`

`

`PROGRAM
`PROVIDER
`
`BROADCAST
`PROVIDER
`108
`
`Mackintosh — Fig.1
`
`104
`
`
`15
`Page 15 of 72
`
`EX1005,Fig. 1.
`EX1005, Fig. 1.
`
`Page 15 of 72
`
`

`

`Mackintosh — Fig. 10
`
`EX1005, Fig. 10.
`EX1005,Fig. 10.
`
`16
`
`Page 16 of 72
`
`Page 16 of 72
`
`

`

`Mackintosh — Fig. 11
`
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`
`EX1005, Fig. 11.
`EX1005, Fig. 11.
`
`17
`
`Page 17 of 72
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`Page 17 of 72
`
`

`

`Mackintosh — Fig. 12
`
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`EX1005, Fig. 12.
`EX1005, Fig. 12.
`
`18
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`Page 18 of 72
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`Page 18 of 72
`
`

`

`Claim Construction
`
`19
`
`Page 19 of 72
`
`Page 19 of 72
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`

`

`Broadcast Segment: Proposed Constructions
`
`Petitioner:
`
`Patent Owner:
`
`IPR2021-00712, Paper No. 1 (Petition) at 10, citing EX1003, ¶61; IPR2021-00716, Paper No. 1 (Petition) at 11, citing EX1003, ¶61.
`
`IPR2021-00712, Paper No. 28 (POR) at 17 (annotated), citing EX2019, ¶62; IPR2021-00716, Paper No. 28 (POR) at 17-18, citing EX2019, ¶61.
`
`20
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`Page 20 of 72
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`

`

`The specification supports Patent Owner’s construction
`
`IPR2021-00712, Paper No. 28 (POR) at 18; IPR2021-00716, Paper No. 28 (POR) at 18.
`
`IPR2021-00712, Paper No. 28 (POR) at 18, citing EX2019, ¶¶53, 63; IPR2021-00716,
`Paper No. 28 (POR) at 18, citing EX2019, ¶¶56, 62.
`
`21
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`Page 21 of 72
`
`

`

`The specification supports Patent Owner’s construction
`
`IPR2021-00712, Paper No. 28 (POR) at 18; IPR2021-00716, Paper No. 28 (POR) at 18.
`
`EX1001, 3:10-16.
`
`EX1001, 3:52-55.
`
`EX1001, 9:34-37.
`
`EX2019, ¶63.
`
`22
`
`Page 22 of 72
`
`

`

`Petitioner’s argument that data mining is not relevant to claim construction fails
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 7-8; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 8-9.
`
`EX1001, 3:10-16 (annotated).
`
`EX1001, 2:65-3:5.
`
`EX1001, 3:49-51 (annotated).
`
`EX1001, 9:30-34 (annotated).
`
`EX2021, 52:10-23.
`
`23
`
`Page 23 of 72
`
`

`

`Petitioner’s argument that data mining is not relevant to claim construction fails
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 8; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 8-9.
`
`EX1001,Cl. 17, 16:41-46.
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 8, citing EX2021, 53:9-54:6; IPR2021-00716,
`Paper No. 36 (Patent Owner Sur-Reply) at 8-9, citing EX2021, 53:9-54:6.
`
`EX2021, 53:9-54:6.
`
`24
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`Page 24 of 72
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`

`

`Element 11[f] language supports Patent Owner’s Construction
`
`IPR2021-00712, Paper No. 28 (POR) at 18; IPR2021-00716, Paper No. 28 (POR) at 19.
`
`11[f]
`
`EX1001, Cl. 11, 15:52-57 (annotated).
`
`IPR2021-00712, Paper No. 28 (POR) at 18, citing EX2019, ¶64; IPR2021-00716, Paper No. 28 (POR) at 19, citing EX2019,
`¶63.
`
`Petitioner nowhere disputes this.
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 5; IPR2021-00716, Paper No. 36 ((Patent
`Owner Sur-Reply) at 5-6.
`
`25
`
`Page 25 of 72
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`

`

`Specification statement that an identifier is assigned “to each
`specific broadcast segment or song” supports construction
`
`IPR2021-00712, Paper No. 28 (POR) at 18-19; IPR2021-00716, Paper No. 28 (POR) at 19.
`
`IPR2021-00712, Paper No. 28 (POR) at 18-19 (annotated), citing
`EX2019, ¶65; IPR2021-00716, Paper No. 28 (POR) at 19, citing
`EX2019, ¶64.
`
`EX1001, 5:64-6:2.
`
`26
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`Page 26 of 72
`
`

`

`Prosecution Histories: Petitioner’s Criticism Lacks Substance
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 2-3; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 2-3.
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 2 (annotated), citing
`EX1019, 12:16-18; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 2,
`citing EX2019, ¶8.
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 2, citing EX2021, 12:4-11, 14:25-15:14;
`IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 2-3, citing EX2021, 12:4-11, 14:25-15:14.
`
`EX2021, 14:25-15:14; see also EX2021, 12:4-11; IPR2021-00712,
`Paper No. 37 (Patent Owner Sur-Reply) at 2; IPR2021-00716,
`Paper No. 36 (Patent Owner Sur-Reply) at 2-3.
`
`27
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`Page 27 of 72
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`

`

`Petitioner’s proposed construction violates claim
`differentiation
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 3-4; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 3-4.
`
`EX1001, Cl. 16, 16:38-40.
`
`IPR2021-00712, Paper No. 37 (Patent Owner
`Sur-Reply) at 3; IPR2021-00716, Paper No. 36
`(Patent Owner Sur-Reply) at 3.
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 4 (annotated); IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 4.
`
`28
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`

`Patent Owner’s statements do not contradict its proposed
`construction
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 9-10; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 9-10.
`
`Petitioner’s argument: that Patent Owner’s statement, “‘[a]n individual
`song’ as broadcasted may serve as one example of a ‘broadcast
`segment’ because the broadcast of the song constitutes a discretely
`identifiable portion of programming as broadcasted,” contradicts Patent
`Owner’s construction. IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 9, citing Paper 33 (Petitioner’s Reply) at 7;
`
`IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 9-10, citing Paper 33 (Petitioner’s Reply) at 7.
`
`Patent Owner’s Sur-Reply:
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 9-10; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 9-10.
`
`29
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`Page 29 of 72
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`

`

`Takahisa Does Not Anticipate Claims 11,
`15, 16, and 18 (Ground 1)
`
`30
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`Page 30 of 72
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`

`

`Overview
`
`Takahisa does not identify information showing a discretely identifiable portion of
`programming as broadcasted and consequently does not anticipate several
`elements of challenged claim 11, including:
`
`• The limiting preamble (11[pre]), which requires correlating media
`content identifying data with “at least one broadcast segment,” and
`
`• The electronic memory element (11[d]), which requires storing
`identifying data aggregates, where each aggregate is associated with
`“the at least one broadcast segment.”
`
`IPR2021-00712, Paper No. 28 (POR) at 2-4; IPR2021-00716, Paper No. 28 (POR) at 2-4.
`
`Claim 16 is independently patentable:
`
`• Takahisa’s pyramid address does not provide for unique identification
`of a broadcast segment.
`
`• Takahisa does not show “the data stream further comprises data that
`enables a unique identification of the at least one broadcast segment.”
`
`IPR2021-00712, Paper No. 28 (POR) at 4-5; IPR2021-00716, Paper No. 28 (POR) at 4-5.
`
`31
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`

`

`Takahisa Does Not Meet Element 11[pre]
`(Ground 1)
`
`32
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`Page 32 of 72
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`

`

`Takahisa does not meet the preamble of Claim 11
`
`• The preamble is limiting. IPR2021-00712, Paper No. 28 (POR) at 33-34; IPR2021-00716, Paper No. 28 (POR) at 34-36.
`
`• Takahisa does not show receiving media content identifying data that
`discretely identifies a portion of programming as broadcasted claim. IPR2021-00712,
`Paper No. 28 (POR) at 34; IPR2021-00716, Paper No. 28 (POR) at 35-36.
`
`• Because Takahisa does not discretely identify a portion of programming,
`Takahisa does not correlate anything with a broadcast segment. IPR2021-00712, Paper
`No. 28 (POR) at 34; IPR2021-00716, Paper No. 28 (POR) at 35-36.
`
`• Petitioner’s argument that Takahisa’s “pyramid address” is used to correlate
`the received media content identifying data with the received broadcast
`segment is without merit. Takahisa indicates that “all data pertaining to [the
`same] musical selection will have identical pyramid addresses.” IPR2021-00712, Paper
`No. 37 (Patent Owner Sur-Reply) at 8-9, citing EX1004, 9:17-19 (emphasis added); IPR2021-00716, Paper No. 36 (Patent
`Owner Sur-Reply) at 10-11.
`
`EX1004, 9:17-19 (annotated).
`
`33
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`

`

`Takahisa does not meet the preamble of Claim 11
`
`• Petitioner’s argument that “Takahisa’s pyramid address is specific to the
`particular media selection and the broadcast itself” and that “Takahisa does
`not limit the pyramid address to being the same each time particular song is
`played” defies the reference’s teachings. IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at
`11, citing Paper No. 33 (Petitioner Reply) at 11-12; IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 11-12, citing
`Paper No. 33 (Petitioner Reply) at 12.
`
`• Takahisa refers to the identity of content as a “musical selection” and refers to
`multiple broadcasts of the same content as broadcasts of the same “musical
`selection.” IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 12, citing EX1004, 5:58-63 (emphasis added);
`IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 12, citing EX1004, 5:58-63 (emphasis added).
`
`EX1004, 5:34-42 (annotated).
`
`EX1004, 5:58-63 (annotated).
`
`34
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`Page 34 of 72
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`

`

`There is no instance in Takahisa where the audio content is
`identified by broadcast segment information
`
`IPR2021-00712, Paper No. 28 (POR) at 35; IPR2021-00716, Paper No. 28 (POR) at 36.
`
`EX1004, 6:14-41.
`
`EX1004, 7:18-22.
`
`EX1004, Fig. 3.
`
`35
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`Page 35 of 72
`
`

`

`Takahisa Does Not Meet Element 11[d]
`(Ground 1)
`
`36
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`Page 36 of 72
`
`

`

`Overview
`
`Element 11[d]
`
`EX1001, 15:44-49.
`
`Takahisa does not store “identifying data aggregates,” each associated with
`at least one broadcast segment. IPR2021-00712, Paper No. 28 (POR) at 36; IPR2021-00716, Paper
`No. 28 (POR) at 35-36.
`
`37
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`

`

`Takahisa does not meet Element 11[d] – no association
`IPR2021-00712, Paper No. 28 (POR) at 36; IPR2021-00716, Paper No. 28 (POR) at 37.
`
`IPR2021-00712, Paper No. 28 (POR) at 36, citing EX1004, 6:27-32, 7:18-22, EX2019 ¶103;
`IPR2021-00716, Paper No. 28 (POR) at 37, citing EX1004, 6:27-32, 7:18-22, EX2019 ¶102.
`
`EX1004, 6:27-32.
`
`EX1004, 7:18-22.
`
`38
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`Page 38 of 72
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`

`

`Takahisa’s elements constituting the alleged “identifying data aggregate” do not
`discretely identify a portion of programming as broadcasted
`
`IPR2021-00712, Paper No. 28 (POR) at 36-39; IPR2021-00716, Paper No. 28 (POR) at 37-41.
`
`• Takahisa provides no information as to start time.
`IPR2021-00712, Paper No. 28 (POR) at 37, citing EX2019 ¶104;
`IPR2021-00716, Paper No. 28 (POR) at 38-39, citing EX2019 ¶103.
`
`• Petitioner’s reliance on “running time” fails
`because a POSITA would understand it means
`duration, not start time. IPR2021-00712, Paper No. 28 (POR)
`at 37, citing EX2019 ¶104; IPR2021-00716, Paper No. 28 (POR) at 38-39,
`citing EX2019 ¶103.
`
`EX1004, Fig. 3.
`
`39
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`Page 39 of 72
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`

`

`Petitioner’s reliance on Takahisa’s “history aggregate” fails
`
`IPR2021-00712, Paper No. 28 (POR) at 36-39; IPR2021-00716, Paper No. 28 (POR) at 39-41.
`
`Petitioner cites Takahisa at 8:22-34, opining that Takahisa’s statement that
`“data from a previous program selection . . . may be stored for later access by
`the user” would lead a POSITA to understand that “previously played
`songs/broadcast segments are aggregated into a history aggregate” and each
`song of this “history aggregate” (“aggregation of songs”) would have an
`aggregation of relevant data. Pet. 33 (citing EX1003, ¶¶133-34). IPR2021-00712, Paper No. 28
`
`(POR) at 38; IPR2021-00716, Paper No. 28 (POR) at 39-40.
`
`Patent Owner’s Response:
`
`IPR2021-00712, Paper No. 28 (POR) at 38 (annotated), citing EX2019 ¶105; IPR2021-00716, Paper
`No. 28 (POR) at 39-40, citing EX2019 ¶104.
`
`40
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`Page 40 of 72
`
`

`

`Petitioner’s reliance on Takahisa’s “history aggregate” fails
`
`IPR2021-00712, Paper No. 28 (POR) at 36-39; IPR2021-00716, Paper No. 28 (POR) at 39-41.
`
`Petitioner’s Reply argues that Takahisa’s history
`aggregate “precisely discloses” the tracking of
`discrete instances of broadcast segments, and that
`if multiple instances of the same song were stored,
`Takahisa’s system would have distinguished
`between these multiple instances because it stores
`a history of “previous selections.” IPR2021-00712, Paper No. 37 (Patent
`
`Owner’s Sur-Reply) at 13, citing Paper 33 (Reply) at 14; IPR2021-00716, Paper No. 36 (Patent Owner’s Sur-Reply)
`at 13, citing Paper 33 (Reply) at 15.
`
`However, Takahisa shows no embodiment in the
`history aggregate discussion where multiple
`instances of the same content are stored. IPR2021-00712,
`Paper No. 37 (Patent Owner Sur-Reply) at 13; IPR2021-00716, Paper No. 36 (Patent Owner Sur-
`Reply) at 13-14.
`
`Moreover, Takahisa explicitly teaches that the
`pyramid address would be the same for each
`instance where the song was played. Thus, the
`aggregates for such instances would not discretely
`identify a portion of the program as broadcasted.
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 13, citing EX1004, 9:9-24; IPR2021-
`00716, Paper No. 36 (Patent Owner Sur-Reply) at 13-14, citing EX1004, 9:9-24.
`
`EX1004, 9:9-24 (annotated).
`
`41
`
`Page 41 of 72
`
`

`

`Takahisa identifies no need to store identifying data aggregates associated with
`each broadcast segment
`
`IPR2021-00712, Paper No. 28 (POR) at 39, citing EX2019, ¶106; IPR2021-00716, Paper No. 28 (POR) at 40-41, citing EX2019, ¶¶51-55, 106.
`
`•
`
`•
`
`In the challenged patents, the media content identifying data for each
`tagged/selected song are used for “data mining” or “aggregation of data” to
`form aggregates that correlate each song to its associated broadcast segment.
`IPR2021-00712, Paper No. 28 (POR) at 39, citing EX1001, 9:34-37, EX2019, ¶¶52-56; IPR2021-00716, Paper No. 28 (POR) at
`40-41, citing EX1001, 9:34-37, EX2019, ¶¶51-55.
`
`In the context of the challenged patents, the aggregates of data provide
`information indicating the discretely identifiable portion of programming as
`broadcasted and can be sold to “interested parties such as trade publications
`and record companies.” IPR2021-00712, Paper No. 28 (POR) at 39, citing EX1001, 9:34-37, EX2019, ¶¶55-56,
`106; IPR2021-00716, Paper No. 28 (POR) at 40-41, citing EX1001, 9:34-37, EX2019, ¶¶51-55, 105-106.
`
`• Takahisa does not seek to address this objective. IPR2021-00712, Paper No. 28 (POR) at 39;
`IPR2021-00716, Paper No. 28 (POR) at 40-40.
`
`EX1001, 9:34-37.
`
`42
`
`Page 42 of 72
`
`

`

`Takahisa Does Not Anticipate Claim 16
`(Ground 1)
`
`43
`
`Page 43 of 72
`
`

`

`Claim 16 is independently patentable over Takahisa
`IPR2021-00712, Paper No. 28 (POR) at 40-43; IPR2021-00716, Paper No. 28 (POR) at 41-45.
`
`EX1001, Cl. 16, 16:38-40.
`
`EX1001, 5:64-6:2.
`
`EX1001, 6:3-9.
`
`44
`
`Page 44 of 72
`
`

`

`Claim 16 is independently patentable over Takahisa
`IPR2021-00712, Paper No. 28 (POR) at 40-43; IPR2021-00716, Paper No. 28 (POR) at 41-45.
`
`Takahisa’s “pyramid address” does not provide for a unique
`identification of a broadcast segment. IPR2021-00712, Paper No. 28 (POR) at 4, 42-44;
`IPR2021-00716, Paper No. 28 (POR) at 4-5, 42-45.
`
`EX1004, 9:13-19 (annotated).
`
`45
`
`Page 45 of 72
`
`

`

`Claim 16 is independently patentable over Takahisa
`IPR2021-00712, Paper No. 28 (POR) at 43-44; IPR2021-00716, Paper No. 28 (POR) at 44-45.
`
`• Petitioner fails to show a data
`stream in Takahisa containing both
`media content identifying data and
`data that enables a unique
`identification of at least one
`broadcast segment.
`
`• Takahisa focuses on identifying
`static information (composer, title,
`concert name, composer
`information, orchestra information,
`running time, and ordering
`information) rather than information
`indicative of a discretely identifiable
`portion of programming as
`broadcasted, and certainly no
`unique identifier for that purpose.
`
`IPR2021-00712, Paper No. 28 (POR) at 43; IPR2021-00716, Paper No. 28 (POR) at 44.
`
`EX1004, Fig. 3.
`
`46
`
`Page 46 of 72
`
`

`

`Mackintosh Does Not Render Obvious
`Claims 11, and 15, 16, 17, 18 (Ground 3)
`
`47
`
`Page 47 of 72
`
`

`

`Overview
`
`Mackintosh does not teach or suggest a discretely identifiable portion of
`programming as broadcasted as required by Claim 11. IPR2021-00712, Paper No. 28 (POR) at
`5; IPR2021-00716, Paper No. 28 (POR) at 5.
`
`• Mackintosh’s cut codes and event codes do not provide contextual
`information about the airing of one broadcast segment in relationship to
`the airing of another broadcast segment so Mackintosh fails to show a
`discretely identifiable portion of programming as broadcasted, which the
`proper construction of “broadcast segment” requires. IPR2021-00712, Paper No. 28
`(POR) at 5-6; IPR2021-00716, Paper No. 28 (POR) at 6.
`
`Petitioner has not shown how Mackintosh meets claim 16’s requirement that the
`“data stream further comprises” data that enables unique identification of the
`broadcast segment. IPR2021-00712, Paper No. 28 (POR) at 6-7; IPR2021-00716, Paper No. 28 (POR) at 6-7.
`
`• Mackintosh nowhere shows cut codes or event codes transmitted over the
`Petitioner’s alleged “data stream,” Mackintosh’s communication’s link for
`transmitting supplemental materials from a server to the user’s device.
`IPR2021-00712, Paper No. 28 (POR) at 6; IPR2021-00716, Paper No. 28 (POR) at 6-7.
`
`48
`
`Page 48 of 72
`
`

`

`Mackintosh Does Not Meet Element 11[pre]
`(Ground 3)
`
`49
`
`Page 49 of 72
`
`

`

`Mackintosh does not disclose Element 11[pre]
`
`IPR2021-00712, Paper No. 28 (POR) at 45, citing EX2019, ¶124; IPR2021-00716, Paper No. 28 (POR) at 46, citing EX2019, ¶¶119-121
`
`Mackintosh never specifically identifies a broadcast segment as properly construed (“a
`discretely identifiable portion of programming as broadcasted”). IPR2021-00712, Paper No. 28 (POR) at 45,
`citing EX2019, ¶124; IPR2021-00716, Paper No. 28 (POR) at 46, citing EX2019, ¶¶119-121.
`
`EX1005, 2:54-58.
`
`Without discretely identifying a portion of programming, Mackintosh’s system does not
`correlate anything with a broadcast segment. IPR2021-00712, Paper No. 28 (POR) at 46, citing EX2019 ¶124;
`IPR2021-00716, Paper No. 28 (POR) at 46, citing EX2019 ¶120.
`
`EX1005, 9:13-15.
`
`50
`
`Page 50 of 72
`
`

`

`Mackintosh does not disclose Element 11[pre]
`
`IPR2021-00712, Paper No. 28 (POR) at 46, citing EX2019 ¶125; IPR2021-00716,
`Paper No. 28 (POR) at 47, citing EX2019 ¶121.
`
`EX1005, 6:1-4.
`
`EX1005, 2:45-58.
`
`51
`
`Page 51 of 72
`
`

`

`Mackintosh Does Not Meet Element 11[d]
`(Ground 3)
`
`52
`
`Page 52 of 72
`
`

`

`Mackintosh does not teach or suggest Element 11[d]
`
`IPR2021-00712, Paper No. 28 (POR) at 47-50; IPR2021-00716, Paper No. 28 (POR) at 47-48.
`
`Mackintosh does not teach or suggest “each identifying data
`aggregate associated with . . . the at least one broadcast segment.”
`
`IPR2021-00712, Paper No. 28 (POR) at 47-50; IPR2021-00716, Paper No. 28 (POR) at 47-48.
`
`IPR2021-00712, Paper No. 28 (POR) at 47 (annotated), citing EX2019 ¶127; IPR2021-00716, Paper No. 28 (POR) at 48, citing EX2019 ¶123.
`
`53
`
`Page 53 of 72
`
`

`

`Mackintosh does not teach or suggest Element 11[d] – song
`and history aggregates
`
`IPR2021-00712, Paper No. 28 (POR) at 47-48; IPR2021-00716, Paper No. 28 (POR) at 47-48.
`
`Petitioner’s argument in the Petition:
`
`“[A] POSITA would have understood that the song and history aggregates described [in
`Mackintosh] correspond to the claimed ‘identifying data aggregates, each identifying
`data aggregate associated with at least one of the plurality of media content and the at
`least one broadcast segment,’ which aggregates are stored in memory.” IPR2021-00712, Paper No. 28
`(POR) at 47-48, citing Paper 1 (Petition) at 60; IPR2021-00716, Paper No. 28 (POR) at 48, citing Paper 1 (Petition) at 61.
`
`Patent Owner’s Response:
`
`IPR2021-00712, Paper No. 28 (POR) at 48, citing EX2019 ¶128; IPR2021-00716,
`Paper No. 28 (POR) at 48-49, citing EX2019 ¶124.
`
`54
`
`Page 54 of 72
`
`

`

`Mackintosh does not teach or suggest Element 11[d] – data mining
`IPR2021-00712, Paper No. 28 (POR) at 49; IPR2021-00716, Paper No. 28 (POR) at 49-50.
`
`Mackintosh does not seek to address the data mining objective.
`Therefore, a POSITA would understand that Mackintosh has no need to
`store identifying data aggregates associated with each broadcast
`segment. IPR2021-00712, Paper No. 28 (POR) at 49, citing EX2019 ¶¶52-56, 130; IPR2021-00716, Paper No. 28 (POR) at 49-50, citing EX2019
`
`¶126.
`
`55
`
`Page 55 of 72
`
`

`

`Mackintosh does not teach or suggest Element 11[d] – history bar
`IPR2021-00712, Paper No. 28 (POR) at 49-50; IPR2021-00716, Paper No. 28 (POR) at 50.
`
`Petitioner’s assertion that a POSITA would have understood that Mackintosh
`discloses another “identifying data aggregate” by virtue of the fact that it discloses a
`history bar is incorrect. IPR2021-00712, Paper No. 28 (POR) at 49-50; IPR2021-00716, Paper No. 28 (POR) at 50.
`
`IPR2021-00712, Paper No. 28 (POR) at 49-50, citing
`EX2019 ¶¶131-32; IPR2021-00716, Paper No. 28
`(POR) at 50, citing EX2019 ¶¶127-128.
`
`IPR2021-00712, Paper No. 37 (Patent Owner Sur-Reply) at 18 (annotated);
`IPR2021-00716, Paper No. 36 (Patent Owner Sur-Reply) at 18.
`
`56
`
`Page 56 of 72
`
`

`

`No motivation to modify Mackintosh Figures 1 and 10 to meet
`Element 11[d]
`
`IPR2021-00712, Paper No. 28 (POR) at 50-55; IPR2021-00716, Paper No. 28 (POR) at 51-56
`
`• Petitioner asserts that “[a] POSITA would have understood that the features of
`Mackintosh’s invention are additive and compatible with each other.” IPR2021-00712,
`Paper No. 28 (POR) at 50, citing Paper 1 (Petition) at 63; IPR2021-00716, Paper No. 28 (POR) at 51, citing Paper 1 (Petition) at
`65.
`
`• One counter-example is that it would not have been obvious for a POSITA to
`combine an embodiment implementing the Figure 1 system architecture with an
`embodiment implementing the Figure 3 system architecture. IPR2021-00712, Paper No. 28
`(POR) at 50-51; IPR2021-00716, Paper No. 28 (POR) at 51-52.
`
`EX1005, 4:24-25 (annotated).
`
`57
`
`Page 57 of 72
`
`

`

`No motivation to modify Mackintosh to meet Element 11[d] – Figs. 1 & 10
`IPR2021-00712, Paper No. 28 (POR) at 51-53; IPR2021-00716, Paper No. 28 (POR) at 52-54.
`
`Petitioner incorrectly asserts that “[a] POSITA would have found it obvious to
`implement the transmission architecture depicted in Mackintosh’s Figure 1 through
`‘computer system 702’ operating ‘player 510’ . . . .” IPR2021-00712, Paper No. 28 (POR) at 51-53;
`IPR2021-00716, Paper No. 28 (POR) at 52-54.
`
`IPR2021-00712, Paper No. 28 (POR) at 53 (annotated), citing EX2019 ¶138; IPR2021-00716, Paper
`No. 28 (POR) at 54, citing EX2019 ¶134.
`
`58
`
`Page 58 of 72
`
`

`

`No motivation to modify Mackintosh to meet Element 11[d] – Figs. 1 & 10
`IPR2021-00712, Paper No. 28 (POR) at 51-53; IPR2021-00716, Paper No. 28 (POR) at 52-54.
`
`EX1005, Figs. 1 & 10.
`
`EX1005, 21:13-18 (annotated).
`
`59
`
`Page 59 of 72
`
`

`

`No motivation to modify Mackintosh to meet Element 11[d] – push/pull
`IPR2021-00712, Paper No. 28 (POR) at 53-55; IPR2021-00716, Paper No. 28 (POR) at 54-56
`
`• Mackintosh’s Figure 1 pushes data to user 112 while Figure 10 pulls data from
`support server 511. IPR2021-00712, Paper No. 28 (POR) at 53-55, citing EX2019, ¶¶139-142; IPR2021-00716,
`Paper No. 28 (POR) at 54-56, citing EX2019, ¶¶135-138.
`
`EX1005, 5:39-60.
`
`EX1005, 5:61-63.
`
`EX1005, 22:1-4.
`
`60
`
`Page 60 of 72
`
`

`

`Mackintosh Does Not Render Obvious Claim
`16 (Ground 3)
`
`61
`
`Page 61 of 72
`
`

`

`Claim 16 is non-obvious over Mackintosh
`
`IPR2021-00712, Paper No. 28 (POR) at 55-56; IPR2021-00716, Paper No. 28 (POR) at 57.
`
`Claim 16:
`
`Per the specification, data that enables a unique identification of the broadcasted
`segment is “a unique identifier” assigned to each specific broadcast segment.” IPR2021-
`
`00712, Paper No. 28 (POR) at 55-56; IPR2021-00716, Paper No. 28 (POR) at 57.
`
`EX1001, Cl. 16, 16:38-40.
`
`Mackintosh does not disclose Claim 16:
`
`EX1001, 5:64-6:2.
`
`• Mackintosh does not recognize the existence and significance of “broadcast
`segments” and therefore, cannot enable unique identification of the at least one
`broadcast segment.
`
`• Mackintosh does not show any form of data that uniquely identifies a broadcast
`segment.
`
`IPR2021-00712, Paper No. 28 (POR) at 56, citing EX2019 ¶146; IPR2021-00716,
`Paper No. 28 (POR) at 57, citing EX2019 ¶142.
`
`62
`
`Page 62 of 72
`
`

`

`Claim 16 is non-obvious over Mackintosh – cut code and event code
`IPR2021-00712, Paper No. 28 (POR) at 56-60; IPR2021-00716, Paper No. 28 (POR) at 57-63.
`
`• Petitioner asserts “a POSITA would have understood that the ‘event code’ or ‘cut code’ of
`Mackintosh would (i) enable a unique identification of the at least one broadcast segment
`and (ii) allow access to a database on a server to retrieve data related to the broadcast .
`. . .” IPR2021-00712, Paper No. 28 (POR) at 56-57, citing Paper 1 (Petition) at 71-72; IPR2021-00716, Paper No. 28 (POR) at 58, citing Paper 1 (Petition) at 71-72.
`
`• Patent Owner Response:
`
`IPR2021-00712, Paper No. 28 (POR)
`at 57 (annotated), citing EX2019 ¶148;
`IPR2021-00716, Paper No. 28 (POR)
`at 58-59, citing EX2019 ¶144.
`
`63
`
`Page 63 of 72
`
`

`

`Claim 16 is non-obvious over Mackintosh – cut code and event code
`IPR2021-00712, Paper No. 28 (POR) at 56-60; IPR2021-00716, Paper No. 28 (POR) at 57-63.
`
`Petitioner selectively cites Mackintosh as characterizing the “cut code” as
`“‘corresponding to and uniquely identifying a segment from the standpoint of the
`radio station.’” IPR2021-00712, Paper No. 28 (POR) at 57, citing Paper 1 (Petition) at 71; IPR2021-00716, Paper No. 28 (POR) at 59, citing Paper 1 (Petition) at 72.
`
`While the cut code would identify the media content in the broadcast
`stream, more information would be needed for unique identification of
`the broadcast segment. IPR2021-00712, Paper No. 28 (POR) at 57-58; IPR2021-00716, Paper No. 28 (POR) at 59.
`
`IPR2021-00712, Paper No. 28 (POR) at 58; IPR2021-00716, Paper No. 28 (POR) at 59.
`
`64
`
`Page 64 of 72
`
`

`

`Claim 16 is non-obvious over Mackintosh – cut code and event code
`IPR2021-00712, Paper No. 28 (POR) at 56-60; IPR2021-00716, Paper No. 28 (POR) at 57-63.
`
`Later examples in Mackintosh further distinguishes that the “cut code” would be unique to a
`“song” or an “advertisement” but would not need to uniquely identify the “broadcast segment”
`containing said song or advertisement.
`
`IPR2021-00712, Paper No. 28 (POR) at 58; IPR2021-00716, Paper No. 28 (POR) at 59.
`
`EX1005, 22:1-4 (annotated).
`
`In the text above, Mackintosh teaches that this embodiment (relied on by Petitioner (Pet. 71
`(citing EX1003 ¶259)) requires the cut code to only identify the song and would not need to
`uniquely identify the “broadcast segment” delivering it to the receiver. IPR2021-00712, Paper No. 28 (POR) at 58,
`citing EX2019 ¶150; IPR2

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