IPR2021-01303
`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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`HYUNDAI MOTOR AMERICA
`Petitioner
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`v.
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`STRATOSAUDIO, INC.,
`Patent Owner
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`IPR2021-01303
`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 2020
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 1 of 94
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`U.S. Patent No. 8,688,028
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`
`HYUNDAI MOTOR AMERICA
`Petitioner
`
`v.
`
`STRATOSAUDIO, INC.,
`Patent Owner
`
`
`IPR2021-01303
`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 2020
`Hyundai v. StratosAudio
`IPR2021-01303
`Page 1 of 94
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`IPR2021-01303
`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 ............................................................. 6
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`Claim construction .............................................................................. 11
`Obviousness ......................................................................................... 12
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`Specification ........................................................................................ 13
`Claim 11 .............................................................................................. 22
`Claim 16 .............................................................................................. 24
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`A.
`B.
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`A.
`B.
`C.
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`A.
`B.
`C.
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`“broadcast segment” ............................................................................ 26
`“media content” ................................................................................... 28
`Additional terms identified by the Board ............................................ 28
`“receiving a broadcast stream comprising the at least one
`broadcast segment and associated media content” ................... 29
`“associating/associated” ............................................................ 30
`“corollary” ................................................................................. 31
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`A.
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`Curtin (EX1010) .................................................................................. 31
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`U.S. Patent No. 8,688,028
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`Crosby (EX1006) ................................................................................ 35
`B.
`Alwadish (EX1011) ............................................................................. 37
`C.
`D. Koerber (EX1012) ............................................................................... 41
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`A.
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`B.
`C.
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`Curtin alone does not render Claim 11 obvious .................................. 42
`Element 11[pre]: A method for correlating media content
`identifying data with at least one broadcast segment
`received by a communication device ........................................ 42
`Element 11[a]: receiving a broadcast stream comprising
`the at least one broadcast segment and associated media
`content ....................................................................................... 46
`Element 11[e]: 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 ............................... 47
`Curtin alone does not render Claims 13-20 obvious ........................... 52
`Curtin alone does not render Claim 16 obvious .................................. 52
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`A. A POSITA would not have been motivated to combine the teachings of
`Curtin and Crosby, and would not have had a reasonable expectation of
`success in doing so .............................................................................. 53
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`B.
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`C.
`D.
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`A POSITA would not have been motivated to consider Dr. Almeroth’s
`proposed combination of the teachings of Curtin and Crosby, and
`would not have had a reasonable expectation of success in doing so . 56
`Curtin in view of Crosby does not render Claim 11 obvious ............. 58
`Curtin in view of Crosby does not render Claims 13-20 obvious ....... 62
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`A. Alwadish alone does not render Claim 11 obvious ............................. 62
`Element 11[pre]: A method for correlating media content
`identifying data with at least one broadcast segment
`received by a communication device,
`the system
`comprising ................................................................................. 62
`Element 11[d]: 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, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of
`media content ............................................................................ 65
`Alwadish alone does not render Claims 14, 15 and 18
`obvious ...................................................................................... 67
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`A. Alwadish alone does not render Claim 12 obvious ............................. 67
`B.
`Alwadish alone does not render Claim 16 obvious ............................. 68
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`A. Alwadish in view of Koerber does not render Claim 12 obvious ....... 69
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`B.
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`Alwadish in view of Koerber does not render Claims 16 obvious ..... 71
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`IPR2021-01303
`U.S. Patent No. 8,688,028
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`IPR2021-01303
`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 Hyundai Motor America (“Petitioner”)
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`has petitioned for inter partes review of the ’028 patent and requests that the United
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`States Patent and Trademark Office (“PTO”) cancel as unpatentable certain claims
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`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 IPR2021-01303.
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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 Kevin Almeroth, Ph.D. (EX1002)
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`(the “Almeroth 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 obvious in light of the combinations of
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`references set forth in the Petition.
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`10.
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`It is my opinion that claims 11 and 13-20 of the ’028 patent are not
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`rendered obvious by Curtin (EX1010), alone (Ground 1), or by Curtin in view of
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`Crosby (EX1006) (Ground 2).
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`11.
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`It is my opinion the claims 11, 14-15, and 18 of the ’028 patent are not
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`rendered obvious by Alwadish alone (EX1011) (Ground 3).
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`12.
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`It is my opinion the claims 12 and 16 are not rendered obvious by
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`Alwadish (EX1011) alone or in view of Koerber (EX1012) (Grounds 4 and 5).
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` LEGAL STANDARDS
`13.
`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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`14.
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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
`15.
`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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`16.
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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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`17.
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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. 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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` THE ’028 PATENT
`A.
`Specification
`22. 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, Claim 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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`23. 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 display-only “RadioText (RT)” which “appears on RBDS-enabled radios as a
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`scrolling message which some stations use to identify the song or program being
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`broadcasted” or “to identify alternate frequencies where the same programming can
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`be available, in-house station text messages, or Emergency Alert System (EAS)
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`communication messages.” EX1001, 1:65-2:20.
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`24. The ’028 Patent is not about identifying songs; instead it gives users the
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`ability to interact with and respond to data associated with the broadcasts. EX1001,
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`2:53-55. The patent states that the RBDS and RDS systems allow broadcasters to
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`“distribute information to a large number of users” but do not “allow individual users
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`to respond to the broadcast information.” EX1001, 2:26-29. The ’028 Patent
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`enumerates such desired responses, including purchasing a song, pledging to a fund
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`drive, or participating in a listener survey. EX1001, 2:30-49.
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`25. 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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`26. 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, 3:7-14.
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`27.
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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, 3:34-38.
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`28. The ’028 patent includes a four-page Figure 1. I present below a single-
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`page version of this figure:
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`29. 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 (denoted “Proprietary”), an FM
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`transmission system 146, as well as a RBDS encoder 148. EX1001, 5:41-44. The
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`radio automation system 142 extracts information about songs or a radio program
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`from the station playlist and provides the extracted information to the audio
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`database/encoding server 144. EX1001, 5:44-48. The information can include song
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`title, artist, cut or other information. EX1001, 5:48-49.
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`30. 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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`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 (proprietary) 144
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`encodes download information for that media content and sends the encoded
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`download information to the RBDS encoder 148. EX1001, 5:52-56.
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`31. 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 “non-APS
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`elements of the data stream (such as station identification (Call Letters), date and
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`time etc.)” for the specific broadcast segment that is transmitted. EX1001, 10:46-
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`51.
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`32.
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`“As shown in FIG. 1, a radio station 140, using either a standard radio
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`automation system for tracking of music content which is being broadcast, or a data-
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`enabled audio player, broadcasts audio material and synchronously sends
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`RBDS/RDS or similar data to an APS server 144 that assigns a unique identifier to
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`each specific broadcast segment or song.” EX1001, 5:64-6:2. Accordingly, the
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`subcarrier signal 170, in addition to information identifying a media content (e.g.,
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`name of a song), also contains data that enables a unique identification of each
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`specific broadcast segment. EX1001, 5:64-6:2. For example, assuming that a
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`particular song is broadcast by a radio station at multiple different times on a certain
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`day, each instance of broadcast of that song by that radio station would have
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`associated data that enables a unique identification for identifying that specific
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`broadcast segment.
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`33. 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, 5:57-63.
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`34. 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). EX1001, 4:30. In fact, this boxed-
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`in portion of Fig. 1 is labeled “RADIO RECEIVER,” which a POSITA would
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`understand indicates it corresponds to the specification’s “receiver 100.” EX1001,
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`4:30.
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`35. 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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`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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`36. 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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`37. 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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`38. 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. EX1001, 6:52-58. The tagged song is added to a playlist 208
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`that is stored in the memory 220 of the receiver. EX1001, 6:62-65. The user can
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`later access this list of tagged items and choose one or more items from this playlist
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`208 for future download. EX1001, 6:65-7:7.
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`39. 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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`40. 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 cases where the user cannot obtain a
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`good connection or the user does not have a wireless account, 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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`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
`41. 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.” EX1001, Claim 11. A POSITA would
`
`understand this correlation would be important, for example, for data mining. “In
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`one embodiment, activity of each sale using the above system is tracked for the
`
`purposes of aggregating data or ‘Data Mining’ for sale to interested parties such as
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`trade publications and record companies.” EX1001, 9:34-36. A POSITA would
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`understand that such activity data important for mining would include not only what
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`song was purchased, but which broadcast of that song triggered the purchase,
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`answering, for example, which repeat broadcasts of any particular song generated
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`the most user responses or which broadcast segments generated interest but no
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`follow-through for purchase or vote generation. A POSITA would understand that
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`answering such questions would require a system for correlating the media content
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`identifying data with the broadcast segment uniquely resolvable using both
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`proprietary sourced and “non-APS” or non-proprietary data. EX1001, 10:45-51.
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`42. This understanding of a POSITA that such a system for correlating
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`media content identifying data with a broadcast segment would be used for data
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`mining is further emphasized by the fact that both Claim 11’s and the ’028 patent
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`specification’s descriptions of data mining rely on the concept of data aggregation.
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`Claim 11 requires storing in electronic memory “media content identifying data
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`elements into identifying data aggregates” (emphasis added) with each aggregate
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`associated with at least one media content item and its correlated broadcast segment.
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`When the specification states “activity of each sale using the above system is tracked
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`for the purposes of aggregating data or ‘Data Mining’” (EX1001, 9:34-36 (emphasis
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`added)), it becomes clear to a POSITA that the “aggregates” of Claim 11 are
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`referring to the inclusion of the additional data regarding the purchase that would be
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`useful for the specification’s data mining.
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`43. Because Claim 11 requires the “identifying data aggregates” be
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`
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`associated with both the purchased media content and the purchase triggering
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`broadcast segment, the aggregation of the media content information (e.g., song
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`title) with the broadcast segment identifying information (e.g., information particular
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`to a discretely identifiable portion of the programming as broadcasted, such as the
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`unique identifier generated by proprietary server 144) would need to be stored on
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`the memory device so that when the purchase was later completed using an Internet
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`connection, the details important for data mining (e.g., song was purchased because
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`of a specific broadcast segment) could also be transmitted from the memory to the
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`APS server.
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`C. Claim 16
`44. Claim 16 provides “[t]he method of claim 11, wherein the data stream
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`further comprises data that enables a unique identification of the at least one
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`broadcast segment.” EX1001, 16:25-27. The data stream in claim 11 already
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`includes “at a minimum, the media content identifying data.” EX1001, 15:27-28.
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`Accordingly, claim 16 requires that the data stream now include both non-APS
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`“media content identifying data” and “data that enables a unique identification of the
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`at least one broadcast segment.” EX1001, Claim 16.
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` LEVEL OF ORDINARY SKILL IN THE ART
`45.
`I understand that the Board adopted the definition of the level of
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`
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`ordinary skill in the art from its institution decision in IPR2021-00716 (“the
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`Volkswagen IPR”), which required “a B.S. in computer science or electrical
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`engineering (or a related field), and approximately three years of experience working
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`in the communications- or Internet-related industries, or alternatively, an advanced
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`degree (such as a master’s degree) in computer science or electrical engineering (or
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`a related field).” Paper 9 (citing Volkswagen IPR Institution Decision (EX2019,
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`18).
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`46. For the purpose of these proceedings, I do not disagree with the level
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`of skill adopted by the Board. I am qualified to testify as to this level of skill for the
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`reasons set forth above in “Background and Qualifications.” See supra Section I.A
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`above.
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` CLAIM CONSTRUCTION
`47. Dr. Almeroth at ¶33 states that he does “not believe any term requires
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`explicit construction” in order “[t]o resolve the particular grounds presented in [the]
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`Petition.” EX1002, ¶33. I disagree.
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`A.
`“broadcast segment”
`48. While Dr. Almeroth provided no construction for the term “broadcast
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`
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`segment,” the Board’s Institution Decision adopted the finding in the Volkswagen
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`IPR that the term means “a distinguishable piece or portion of broadcast stream, such
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`as an individual song, speech or video.” Paper 9 at 20 (citing Volkswagen IPR
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`Institution Decision (EX2019) at 19-23). I disagree.
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`49.
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`In my opinion, the term “broadcast segment” in the context of the ’028
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`patent means “a discretely identifiable portion of programming as broadcasted.”
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`Broadcasts are sent from a transmitter (e.g., an FM radio transmitter) to a receiver
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`(e.g., a radio receiver). Broadcast programming may comprise multiple “broadcast
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`segments,” with each “broadcast segment” discretely identifiable relative to all other
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`“broadcast segments” transmitted. In other words, a “broadcast segment” is an
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`identifiably unique occurrence – it encompasses a
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