IPR2021-01267
`U.S. Patent No. 8,166,081
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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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`HYUNDAI MOTOR AMERICA,
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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`PATENT OWNER RESPONSE
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`U.S. Patent No. 8,166,081
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`HYUNDAI MOTOR AMERICA,
`Petitioner
`
`
`
`v.
`
`
`
`STRATOSAUDIO, INC.,
`Patent Owner
`
`
`IPR2021-01267
`U.S. Patent No. 8,166,081
`
`
`
`
`
`PATENT OWNER RESPONSE
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`
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`TABLE OF CONTENTS
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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`INTRODUCTION ........................................................................................... 1
`BACKGROUND OF STRATOSAUDIO, INC. ............................................. 4
` THE ’081 PATENT AND THE CHALLENGED CLAIMS .......................... 5
` LEVEL OF ORDINARY SKILL IN THE ART ........................................... 13
`CLAIM CONSTRUCTION .......................................................................... 14
` THE PRIOR ART .......................................................................................... 14
`A. Noreen (EX1005) ................................................................................ 14
`B.
`Crosby (EX1006) ................................................................................ 17
`C.
`Ellis-2002 (EX1007) ........................................................................... 18
`D.
`Ellis-2005 (EX1008) ........................................................................... 19
` CLAIMS 9, 15, AND 23 ARE NOT OBVIOUS OVER NOREEN
`(GROUND 1) ................................................................................................. 20
`A. Noreen Fails to Render Obvious Claim 9 ........................................... 21
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`Noreen Fails to Teach “data enabling identification of a
`specific instance of the first media content” – Element 9[a]
` ................................................................................................... 21
`Noreen Fails to Teach Element 9[b] ......................................... 26
`Noreen Fails to Teach Two Receiver Module Outputs
`(“output system configured to present concurrently the
`first media content and the second media content on an
`output of the first receiver module or the second receiver
`module”) – Element 9[c] ........................................................... 30
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`Noreen Fails to Teach “a response message having at least
`the uniquely identifying data specific to the second media
`content” – Element 9[e] ............................................................ 38
`B. Noreen Alone Does Not Render Claim 15 Obvious ........................... 39
`C. Noreen Alone Does Not Render Claim 23 Obvious ........................... 40
` CLAIMS 9, 15, AND 23 ARE NOT OBVIOUS OVER NOREEN IN VIEW
`OF CROSBY (GROUND 2) ......................................................................... 40
`A. Noreen In View of Crosby Does Not Render Claim 9 Obvious ......... 40
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`Noreen In View Of Crosby Fails to Teach “uniquely
`identifying data specific to at least the second media
`content” – Element 9[b] ............................................................ 41
`Noreen in View of Crosby Fails to Teach “a response
`message having at least the uniquely identifying data
`specific to the second media content” – Element 9[e] .............. 42
`B. Noreen In View Of Crosby Does Not Render Claims 15 And 23
`Obvious ............................................................................................... 42
` CLAIMS 10 AND 11 ARE NOT OBVIOUS OVER NOREEN IN VIEW OF
`CROSBY AND ELLIS-2002 (GROUND 3) ................................................ 42
`CLAIMS 9-11, 15, AND 23 ARE NOT OBVIOUS OVER ELLIS-2005
`ALONE (GROUND 4) .................................................................................. 43
`A.
`Ellis-2005 Alone Does Not Render Claim 9 Obvious ........................ 43
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`Ellis-2005 Fails To Teach “data enabling the identification
`of a specific instance of the first media content” – Element
`9[a] ............................................................................................ 43
`Ellis-2005 Alone Does Not Render Claim 15 Obvious ...................... 45
`Ellis-2005 Alone Does Not Render Claims 10, 11, And 23 Obvious . 48
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`C.
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` CLAIMS 9-11, 15, AND 23 ARE NOT OBVIOUS OVER ELLIS-2005 IN
`VIEW OF CROSBY (GROUND 5) .............................................................. 48
`A.
`Ellis-2005 In View Of Crosby Fails to Teach “data enabling the
`identification of a specific instance of the first media content” –
`Element 9[a] ........................................................................................ 48
` CONCLUSION .............................................................................................. 52
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` UPDATED TABLE OF EXHIBITS
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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`Exhibit Description
`2001 Defendants’ Disclosure of Invalidity Contentions Cover Pleading in
`Parallel W.D. Litigations (July 8, 2021)
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`2002
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`2003
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`2004
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`2005
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`2006
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`2007
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`2008
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`2009
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`Third Proposed Amended Joint Scheduling Order of Parallel W.D.
`Tex. Litigations (September 15, 2021)
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`E-mail from W.D. Tex. Court Clerk Denying Request to Stay Pending
`Motion to Dismiss for Improper Venue (May 17, 2021)
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`Transcript of hearing in ParkerVision v. Intel Corp., 6:20-cv-00108
`(W.D. Tex. September 2, 2020) (J. Albright))
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`Interview with Judge Albright on Patent Litigation and Seventh
`Amendment, IAM (Apr. 7, 2020)
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`Minute Entry regarding Markman Hearing, StratosAudio, Inc. v.
`Hyundai Motor America, 6:20-cv-01125 (W.D. Tex. September 28,
`2021)
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`Order Denying Hyundai’s Motion to Dismiss, StratosAudio, Inc. v.
`Hyundai Motor America, 6:20-cv-01125 (W.D. Tex. September 17,
`2021) (J. Albright))
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`StratosAudio, Inc.’s Preliminary Infringement Contentions,
`StratosAudio, Inc. v. Hyundai Motor America, 6:20-cv-01125 (W.D.
`Tex. May 13, 2021)
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`StratosAudio, Inc.’s Supplemental Preliminary Infringement
`Contentions, StratosAudio, Inc. v. Hyundai Motor America, 6:20-cv-
`01125 (W.D. Tex. September 27, 2021)
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`2010
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`Hyundai Motor America’s Answer and Affirmative Defenses to
`Plaintiff’s Complaint for Patent Infringement, Jury Trial Demanded,
`6:20-cv-01125 (W.D. Tex. October 1, 2021)
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`2011 Minute Order from Discovery Hearing, StratosAudio, Inc. v. Hyundai
`Motor America, 6:20-cv-01125 (W.D. Tex. October 7, 2021)
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`2012
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`Email from Eric Lucas to Patent Trial and Appeal Board, Volkswagen
`Stipulation regarding IPR Grounds (September 3, 2021)
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`2013 Declaration of Hallie Kiernan in Support of Patent Owner’s Motion
`for Admission Pro Hac Vice
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`2014 US Patent 8,875,188
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`2015
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`Excerpt of Digital Communication Second Edition
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`2016 Declaration of Todd K. Moon, Ph.D.
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`IPR2021-01267
`U.S. Patent No. 8,166,081
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`StratosAudio, Inc. (“Patent Owner”), submits this Response to the Petition for
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`inter partes review (the “Petition” or “Pet.”) filed by Hyundai Motor America
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`(“Petitioner”) challenging claims 9-11, 15, and 23 of U.S. Patent 8,611,081 (“the
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`’081 patent”).
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`INTRODUCTION
`The challenged claims of the ’081 patent recite a system for combining
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`multiple media that uses two distinct receiver modules each with an output for
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`presenting the media. According to claim 9, a first receiver module with a first
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`output receives a first media content and data enabling the identification of a specific
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`instance of the first media content. A second receiver module with its own separate
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`output, receives a second media content and uniquely identifying data specific to the
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`second media content. The system is configured to present concurrently both the first
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`and second media on the output of either the first receiver module or the second
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`receiver module.
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`The ability to present the first and second media content on the output of one
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`of the first or second received modules provides great advantages over the prior art.
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`First, it allows the content to be presented in multiple locations. Second, it also
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`allows the content to be presented selectively when conditions do not permit
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`presentation on one of the receiver modules. For example, the second receiver
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`module may have superior bandwidth capabilities to allow for presentation of media
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`content that the first receiver module is incapable of outputting. In a vehicular
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`environment, it improves safety, for example by determining which output is safest
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`for the driver. Finally, the ability to have one of the two outputs present both the
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`first and second media content concurrently allows the user to view both items of
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`media content simultaneously and in a convenient manner. The prior art does not
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`disclose this fundamental requirement of the challenged claims: the need for two
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`outputs, one for each of the first receiver module and the second receiver module,
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`with at least one output configured to present concurrently both the first and second
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`media content.
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`Petitioner’s application of the prior art to the challenged claims is additionally
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`flawed because Noreen, Crosby, and Ellis-2005 all rely on the use of fixed identifiers
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`such as artist, title or “code identifying an advertisement” for the purpose of
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`identifying the media content. However, these fixed identifiers do not constitute the
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`“data enabling identification of a specific instance of the first media content,” which
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`enables identification of a specific occurrence of the first media content. This feature
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`is especially important in enabling the ability to identify repeat broadcast of the same
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`media content multiple times from the same broadcast source. Such a feature
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`provides valuable data for analytics and reporting to interested parties such as
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`monitoring services, record companies, advertisers and the like. Lacking any
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`disclosure of data enabling identification of a specific instance of media content,
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`Petitioner is forced to rely on transmission mechanisms to purportedly satisfy this
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`limitation. However, as explained in detail below, these transportation mechanisms
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`(namely time digital multiplexing and packet identifiers) do not include data that
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`would enable the system to distinguish between instances (i.e. occurrences) of the
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`same media content.
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`Claim 9 also claims a second receiver module that receives “uniquely
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`identifying data specific to at least the second media content.” The specification
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`notes that “uniquely identifying data” is used to conduct a database lookup
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`including, to look up the “time of the transmission.” For example, the ‘081 patent
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`states, “to conduct a search or lookup of the information identified by the unique
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`identifier 115 to determine the location, the user device, the time of transmittal, the
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`program and/or media content in the first media signal, the available options for
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`response to the user of the device.” EX1001, 11:41-45. The prior art does not use
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`such “uniquely identifying data.” Instead, it discloses use of time stamps in
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`combination with other data to identify media content. This represents a
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`fundamental difference between the claimed subject matter and the prior art.
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`In addition to the above deficiencies, claim 9 of the ’081 patent is patentable
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`over the prior art because the prior art does not disclose “the second media content
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`received discretely from the first media content” or “a response message having at
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`least the uniquely identifying data specific to the second media content.” Claims 10-
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`11, 15, and 23 all depend from claim 9 and therefore are patentable over the prior art
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`for the same reasons as claim 9. In addition, claim 15 is independently patentable
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`over the prior art because the prior art does not disclose correlating the response
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`message for the second media content to the specific instance of the first media
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`content.
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`Based on the arguments below and the supporting declaration of Patent
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`Owner’s expert, Todd K. Moon, Ph.D., (EX2016), the Board should find that the
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`Petitioner has not shown by a preponderance of the evidence that the challenged
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`claims are unpatentable.
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` BACKGROUND OF STRATOSAUDIO, INC.
`Patent Owner StratosAudio, Inc. is a start-up company founded in 1999 by
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`lead inventor of the ’081 patent, Kelly Christensen. In the early 2000s, Patent Owner
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`created a better media-infotainment experience through its innovative technology in
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`real-time interactive data services. Patent Owner’s technology allows a user to
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`easily obtain and engage with additional information associated with media content
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`of various broadcast streams. These efforts led to the creation of the StratosAudio
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`Interactive Symphony Digital IF Radio, which was a 2004 Consumer Electronics
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`Show (CES) Innovations Awards Honoree. With this success at CES and the interest
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`of major automotive and electronics companies like Hyundai Autonet and Motorola,
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`Patent Owner continued innovating and refining its technology over the past twenty
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`years.
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`Patent Owner has protected its innovative and novel technology through a set
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`of patents, including the ’081 patent subject to the instant proceeding. Over the
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`years, several major car manufacturers have incorporated Patent Owner’s
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`technology into their respective vehicle media console systems. Patent Owner filed
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`suit in December 2020 against five of these auto-manufacturers, including Hyundai
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`(Petitioner), Volvo, Subaru, Mazda, and Volkswagen.
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` THE ’081 PATENT AND THE CHALLENGED CLAIMS
`The ’081 patent relates to media advertising and combining an advertising
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`media signal with another media signal. Specifically, the ’081 patent describes a
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`novel system for combining multiple media content after discretely identifying each
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`instance of the first media content (e.g., content such as a radio program) and the
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`second media content (e.g., target advertisements). EX1001, 1:18-20. In
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`advertising, it is desirable to associate products with specific characteristics and such
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`associations may increase the chance that a potential customer will decide to
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`purchase a product when the product is associated with a favorable characteristic.
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`EX1001, 1:22-30. In view of this, the ’081 Patent states that an advertisement may
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`be more effective if it is associated with an image of a celebrity or another media
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`element that exhibits favorable characteristics. EX1001, 1:30-34; EX2016, ¶24.
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`The ’081 patent achieves the objective of associating ads with other media
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`content by, for example, the steps of challenged claims 9-11, 15, and 23. Claim 9 is
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`set forth below:
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`9[pre] A system for combining multiple media comprising:
`9[a]
`a first receiver module configured to receive at least a first
`media content and data enabling the identification of a specific
`instance of the first media content from a first broadcast
`medium;
`9[b] a second receiver module configured to receive at least a second
`media content and uniquely identifying data specific to at least
`the second media content, the second media content received
`discretely from the first media content;
`9[c] an output system configured to present concurrently the first
`media content and the second media content on an output of the
`first receiver module or the second receiver module;
`9[d] an input module configured to receive at least a response input
`responsive to the second media content; and
`9[e] a transmitting module configured to transmit a response
`message having at least the uniquely identifying data specific
`to the second media content to a computer server.
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`The subject matter of challenged claims 9-11, 15, and 23 is set forth
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`throughout the specification of the ’081 patent. EX2016, ¶¶25-26.
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`The Summary of the invention contemplates several embodiments of
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`“associating multiple media signals” and “combining multiple media signals” which
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`provide support for the claimed system. See EX1001, 1:38-2:30. The Detailed
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`Description also discloses several embodiments for a media enhancement system
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`configured to associate/combine a secondary media signal (for example, an
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`advertisement) to a primary media signal (for example, a radio broadcast). EX1001,
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`3:8-5:21; EX2016, ¶27.
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`The claimed system is implemented, for example, by the system shown in
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`Figures 1 and 1A (reproduced below):
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`The system comprises a first transmitter 3, primary device 4, ancillary
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`device(s) 5, media association system 2, advertisement entity 6, and control
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`management system 100. EX1001, FIG. 1, 8:11-16; EX2016, ¶¶28-29.
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`The first transmitter 3 (e.g., a radio broadcaster) may transmit the first media
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`content to the primary device, or any other devices, systems, or entities in the
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`multimedia system, including the ancillary device. EX1001, 10:56-58 (“the first
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`transmitter 3 can send a first media signal 111 to the primary device 4 and/or
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`ancillary device 5”), 12:30-35 (“it is clear that the first media signal 111 could further
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`be transmitted to any number of devices or entities, as well as the ancillary devices
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`5”). The media association system can provide a related media signal 114 to the
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`primary and/or ancillary devices. EX1001, 9:43-48. Similarly, “the media
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`association system 2 and the advertisement entity 6 can provide an advertisement
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`media signal 113 to the primary and/or ancillary devices 4, 5.” EX1001, 12:37-40;
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`see also id., 21:49-51 (“The ancillary device 5 can receive the first media signal 111
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`and the advertisement signal 113 directly from the first transmitter 3 and/or the
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`media association system 2.”). EX2016, ¶30.
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`The ’081 patent describes three ways of transmitting the first media signal and
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`the second media signal to the devices: (1) the second media signal is integrated
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`with the first media signal; (2) “the first media signal and the second media signal
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`are separate and discrete;” and (3) the first media signal is intercepted during
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`transmission and the second media signal is added to the transmission. EX1001,
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`4:64-5:3 (emphasis added), 10:63-11:1, 11:14-20. A POSITA would understand that
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`claim 9 is directed to those embodiments where the first media content is transmitted
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`separately and discretely from the second media content. EX1001, cl. 9, 35:30-31;
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`EX2016, ¶31.
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`The ’081 patent explains that when the first and second media signals are sent
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`separately, a “unique identifier 115” can be assigned to each signal. EX1001, 11:24-
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`28, 12:66-13:13, FIG. 1D (reproduced below).
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`A unique identifier may be used to identify each media signal from other media
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`signals and “each instance of each signal or content media segment.” EX1001,
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`12:61-13:4. “As illustrated in FIG. 1D, the unique identifier 115 is database-linked
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`thereby allowing a user (for example, a user of the control management system 100,
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`media association system 2 and/or advertisement entity 6) to conduct a search or
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`lookup of the information identified by the unique identifier 115 to determine the
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`location, the user device, the time of transmittal, the program and/or media content
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`in the first media signal, the available options for response to the user of the device,
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`and/or other identifying characteristic information.” EX1001, 11:38-46; EX2016,
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`¶¶32-33.
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`The ’081 patent shows that data enabling the identification of a specific
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`instance (in other words, occurrence) is determined in real time while the broadcast
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`stream is broadcasted. In particular, the ’081 patent states, “the broadcast scanning
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`system 160 is configured to: analyze the broadcast streams received by a plurality of
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`broadcast sources 120 to obtain or identify the media content transmitted in the
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`broadcast streams” and “assign a unique event identifier 115 specific to the broadcast
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`of each specific broadcast stream.” EX1001, 32:5-11. The ’081 patent incorporates
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`by reference a co-pending application (which issued as U.S. Patent No. 8,875,188)
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`(EX2014) for its disclosure regarding how the broadcast scanning system 160
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`determines the unique event identifier. See EX1001, 32:14-20. The incorporated-
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`by-reference application confirms that the broadcast scanning system analyzes the
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`broadcast stream and determines the unique event identifier enabling identification
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`of the specific instance of the media content in real time while each broadcast occurs.
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`See, e.g., EX2014, 10:4-42, 12:32-38, 14:31-34; see also EX2016, ¶34.
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`The ’081 patent “assign[s] a unique identifier that is specific to the
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`transmission of the selected second media signal, wherein at least the unique
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`identifier is stored in a database.” EX1001 2:15-18. The unique event identifier
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`data is “preferably implemented as a part of a database that allows for the storage
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`and/or retrieval of the identifier and/or data associated with the identifier.” EX1001,
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`7:65-8:1. The patent states “[b]y means of the unique event identifier and/or
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`identifiers, reports can be generated on the performance of various aspects of the
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`system such as who, what, when, where, why, which, and/or how an event within
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`the system occurred, including the number of times an event within the system
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`occurred; locations for events; what prompted an event; devices, signals and/or users
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`associated with events and/or means associated with the events.” EX1001, 8:1-9;
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`see also EX2016, ¶35.
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`Once the system receives the first media content, the second media content,
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`and their respective identifying data, either the primary device 4 and/or the ancillary
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`device 5 present concurrently both media content. EX1001, 14:5-13 (“then have
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`either the primary device 4 and/or ancillary device 5 to present the advertisement
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`signal 113 at the same time or substantially the same time as the first media signal
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`111 is presented to the user of either the primary device 4 and/or ancillary device
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`5”), 14:27-31 (“Next the primary device 4 and/or ancillary device 5 present the
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`advertisement signal media signal 113 at the same time or nearly the same time as
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`the first media signal 111 is presented to the user of primary device 4 and/or ancillary
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`device 5.”). When discussing presentation of the first and second media content on
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`an output, the use of “and/or” in the specification versus “or” in claim element 9[c]
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`of the challenged claims has meaning. While the specification contemplates that the
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`first and second media content may be presented separately or together on the
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`primary device and/or the ancillary device, claim element 9[c] requires concurrently
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`presenting the “first media content” and “second media content” together on “an
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`output of the first receiver module or the second receive module.” EX1001, 35:34-
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`35; see also EX2016, ¶36.
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`The ’081 patent explains that “[t]he ancillary device 5 can comprise superior
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`bandwidth, storage capacity, and/or processing power relative to the primary device
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`4, allowing the ancillary device 5 to transmit more complex data to the media
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`association system 2.” EX1001, 15:43-47. “For example, if a media signal 114
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`and/or an advertisement media signal 113 cannot be viewed, then a user can view
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`the media signal 113 on an ancillary device 5.” EX1001, 21:32-36; see also id.,
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`25:26-29 (“Such steps can reduce bandwidth requirements, restrict access to the
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`related media signal 114, and allow it to be viewed on the primary and/or an ancillary
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`devices 4, 5 capable of viewing media in a certain set of formats.”). See EX2016,
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`¶37.
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`The ’081 patent further explains the system includes a means of allowing a
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`user to input or respond to the media content being presented. EX1001, 15:9-12.
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`The user responses can include responses to interactive media content, such as polls,
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`voting, or games. EX1001, 12:54-57, 15:12-14; see also EX2016, ¶38.
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` LEVEL OF ORDINARY SKILL IN THE ART
`Petitioner asserted that a person of skill in the art (“POSITA”) in the context
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`of the ’081 Patent as of February 5, 2008 would have had “a bachelor’s degree in
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`electrical engineering, computer engineering, computer science, or a related field,
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`and at least two years of experience in the communications or Internet-related
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`industries, or the equivalent, with additional education substituting for experience
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`and vice versa.” Pet. 9-10. For the purpose of these proceedings, Patent Owner does
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`not object to the level of skill proposed by Petitioner and Patent Owner’s expert, Dr.
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`Todd Moon qualifies as a person of ordinary skill in the art under this proposal.
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`EX2016, ¶¶3-7, 39-42.
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` CLAIM CONSTRUCTION
`Petitioner asserts that no term requires explicit construction in order “[t]o
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`resolve the particular grounds presented in [the] Petition.” Pet. 10-11. For the
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`purposes of this proceeding, Patent Owner agrees. EX2016, ¶43.
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` THE PRIOR ART
`A. Noreen (EX1005)
`Noreen describes an “Integrated Radio Satellite Response System and
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`Method.” EX1005, [54]. Noreen relates to a radio response system which
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`broadcasts program signals to mobile terminals. EX1005, 5:19-30, 5:53-55. In the
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`system, mobile users have mobile terminals that communicate with a satellite
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`capable of transmissions to mobile units. EX1005, 5:19-30, 5:53-55. Noreen first
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`describes a “Radio Satellite Network.” EX1005, 5:18. A mobile terminal “may
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`include: a radio satellite microchip (RSM); an optional audio processor 217; an
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`optional transmitter 211; satellite RF electronics 215; and L-band antenna assembly
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`203.” EX1005, 5:55-58. The mobile terminal receives a single signal with the
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`combined contents of the TDM channel and assignable channel and “[t]he satellite
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`RF electronics 215 converts [the] received signal from the L-band assembly 203,
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`using satellite RF electronics 215, to an assignable-IF signal and a TDM-IF signal.”
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`EX1005, 6:43-46, 6:64-67 (“Broadly, the satellite RF electronics 215 receives a
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`signal from the L-band assembly 203 and converts the received signal to two IF
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`signals: an assignable-IF signal and a TDM-IF signal.”). The RF electronics sends
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`the assignable-IF signal to an assignable demodulator 221 and the TDM-IF signal to
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`TDM demodulator 222. EX1005, 6:67-7:1. The TDM channel is a low rate data
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`channel with broadcasts such as “alphanumeric pages, GPS differential corrections
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`and integrity updates, stock updates, sport reports, travel advisories and emergency
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`alerts.” EX1005, 9:65-10:1. The TDM demodulator and decoded demodulates and
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`decodes the TDM-IF signal and “provides paging, packet data” to the data
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`processing and controller 223. EX1005, 7:10-13. The data processing controller
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`223 deinterleaves received data streams and sends and receives the paging messages
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`to the message display. EX1005, 7:13-17. Messages with the data are then sent to
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`and received from an input panel and a message display. EX1005, 7:16-17; see also
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`EX2016, ¶¶44-45.
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`In contrast, the assignable-IF signal is sent from the assignable demodulator
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`to the assignable decompressor and audio to digital converter and convers it to output
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`analog signals such as analog program material or voice messages. EX1005, 9:38-
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`42. These analog signals are then sent to either a handset or an audio amplifier to be
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`output on speakers. EX1005, 9:36-42; see also EX2016, ¶46.
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`A separate “exemplary arrangement” of Noreen, Figure 4, is disclosed with
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`respect to a “Radio Response System and Method.” EX1005, 11:62. In Figure 4, a
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`mobile terminal receives a “program signal” at the broadcast receiver that also
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`demodulates the program signal. EX1005, 12:21-42. The “mobile terminal 401 has
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`receiver means shown as broadcast receiver 402, data-transmitter means as data
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`transmitter 404, and controller means embodied by controller 403.” EX1005, 12:5-
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`8. “[T]he broadcast receiver 402 receives and demodulates the program signal.”
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`EX1005, 12:21-22. The demodulated signal is output to an interface means. The
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`interface means of the mobile terminal “uses the audio and/or visual display 415 for
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`means of communicating the program signal to a user.” EX1005, 12:27-29. When
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`the program signal includes audio information, the interface means may include
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`speakers and when the program signal includes video information the interface
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`means may include a visual display. EX1005, 12:27-32. The user inputs a response
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`through the “input transducer 416,” and the mobile terminal processes the user-input
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`along with information identifying the program signal and sends a combined
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`response signal, “a user-data signal,” to a processing center. See EX1005, 12:35-62;
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`see also EX2016, ¶47.
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`B. Crosby (EX1006)
`Crosby describes an interactive broadcast system. EX1006, Abstract. Mobile
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`units have a broadcast receiver for receiving broadcast transmissions from
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`broadcasters or other broadcast program originators and a wireless transmitter for
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`transmitting wireless signals to the system. EX1006, 2:64-3:2, FIG. 2. The mobile
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`unit includes a radio receiver 116, GPS unit 118, a wireless satellite telephone
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`transmitter 120, and a subscriber interface 122 that allows a subscriber/listener to
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`provide control signals and interact with the system. EX1006, 6:65-7:3; see also
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`EX2016, ¶48.
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`The mobile unit can be connected to a network operations center 110 that
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`“processes the interactive radio signals transmitted by the mobile unit and generates
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`appropriate feedback to the subscriber via the Internet.” EX1006, 7:27-29. The
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`mobile unit can transmit signals identifying a broadcast (e.g., carrier frequency of
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`the broadcast, date and time the broadcast was received, geographical location of
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`the mobile unit at the date and time the broadcast was received, subscriber ID, or
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`mobile unit ID) to the operations center 110. EX1006, FIG. 1 (reproduced below),
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`7:30-36. In response, the network operations center determines the identity of the
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`broadcaster and the specific program segment selected by the subscriber. EX1006,
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`7:36-41. The network operations center then downloads information pertinent to the
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`program segment and provides that information to the subscriber via a website and
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`allow the subscriber to download the information from the website if they decide to
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`do so. EX1006, 7:41-50; see also EX2016, ¶49.
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`C. Ellis-2002 (EX1007)
`Ellis-2002 relates to an enhanced radio reception and processing features,
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`digital storage of radio content, and independent control of radio reception and
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`playback. EX1007, 1:9-12. Each mobile unit contains multiple receivers that
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`receive multiple stations and store them digitally in buffers in computer digital
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`storage devices. EX1007, 14:7-9. Because of this storage and buffer, a user can
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`return to earlier content, or if a song a user likes is being broadcast on another station,
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`the device may automatically switch channels or notify the user so that the user may
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`decide to switch channels. EX1007, 14:18-26. Additionally, the system in Ellis-
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`2002 allows a user to rate a piece of content and/or indicate whether they like or
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`dislike particular content, musical artists, stations, or radio shows. EX1007, 7:8-11,
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`31:29-32. The system may be configured to skip the content a user does not like.
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`EX1007, 7:11-12, 31:32-33; see also EX2016, ¶50.
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`D. Ellis-2005 (EX1008)
`Ellis-2005 discloses a single piece of “user music equipment 22,” that receives
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`both the first and second media content. EX1008, ¶¶42-
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