Hyundai Motor America
`v.
`StratosAudio, Inc.
`
`Petitioner’s Presentation For IPR2021-01303 and IPR2021-01305
`U.S. Patent Nos. 8,688,028 and 8,903,307
`October 24, 2022
`
`Demonstrative Exhibit—Not Evidence
`
`1
`
`Petitioner Hyundai Ex-1033, 0001
`
`

`

`Overview
`
`Alleged Invention
`Instituted Grounds
`The “broadcast segment” Limitations
`Claim Construction
`The Art Teaches the Claimed “broadcast segment”
`The “associated”/“associating” Limitations
`Claim Construction
`The Art Teaches the “associated”/“associating” Limitations
`Other Limitations
`The Art Teaches the “broadcast stream” Limitation
`The Art Teaches the “output” Limitation
`The Art Teaches Claim 16’s “unique identification” Limitation
`A POSITA Would Have Been Motivated to Combine Curtin and Crosby
`
`Demonstrative
`Exhibit—Not Evidence
`
`2
`
`Petitioner Hyundai Ex-1033, 0002
`
`

`

`Overview
`
`Alleged Invention
`Instituted Grounds
`The “broadcast segment” Limitations
`Claim Construction
`The Art Teaches the Claimed “broadcast segment”
`The “associated”/“associating” Limitations
`Claim Construction
`The Art Teaches the “associated”/“associating” Limitations
`Other Limitations
`The Art Teaches the “broadcast stream” Limitation
`The Art Teaches the “output” Limitation
`The Art Teaches Claim 16’s “unique identification” Limitation
`A POSITA Would Have Been Motivated to Combine Curtin and Crosby
`
`Demonstrative
`Exhibit—Not Evidence
`
`3
`
`Petitioner Hyundai Ex-1033, 0003
`
`

`

`U.S. Patent No. 8,688,028
`
`Demonstrative Exhibit—Not Evidence
`
`4
`
`Petitioner Hyundai Ex-1033, 0004
`
`

`

`U.S. Patent No. 8,903,307
`
`Demonstrative Exhibit—Not Evidence
`
`5
`
`Petitioner Hyundai Ex-1033, 0005
`
`

`

`The ’028 and ’307 Patents Are Directed to Allowing Users to Identify Broadcast
`Media Content and Respond to or Purchase Such Content
`
`Demonstrative Exhibit—Not Evidence
`
`6
`
`Petitioner Hyundai Ex-1033, 0006
`
`

`

`Data Mining is Mentioned Only as One of Many Potential Uses
`StratosAudio’s Erroneous Argument
`Data Mining is Only an Embodiment
`Specification
`
`“Moreover, Curtin nowhere discusses
`tracking of information for data mining
`purposesand therefore demonstrates no
`motivation to identify broadcast
`segments using the data stream. EX2020,
`¶90. Therefore, Curtin does not teach or
`suggest the additional limitation of claim
`16. EX2020, ¶90.”
`’307 POR at 47.
`“As such, Alwadishwould not meet the
`’307’s motivation for tracking sales
`activity “for the purposes of aggregating
`data or ‘Data Mining.’” EX1001, 9:34-37;
`EX2020, ¶112.”
`’307 POR at 59.
`
`’307 Patent at 3:10-16.
`
`Reply at 3-4
`
`7
`
`Demonstrative Exhibit—Not Evidence
`
`Petitioner Hyundai Ex-1033, 0007
`
`

`

`Claim 11 of the ’307 Patent Does Not Require Data Mining
`’307 Patent Claim 11
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content, the
`receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream
`
`Demonstrative Exhibit—Not Evidence
`
`8
`
`Petitioner Hyundai Ex-1033, 0008
`
`

`

`Analysis of the ’307 Patent Claims Applies Equally to the ’028 Patent Claims
`
`’307 Patent
`
`’028 Patent
`
`11. A system [A method]for correlating media content identifying data with at least one broadcast segment
`received by a communication device, the system [method]comprising:
`a receiver configured to receive [receiving]a broadcast stream comprising the at least one broadcast
`segment and associated media content, the receiver further configured to receive [receiving;] a data
`stream associated with the broadcast stream, the data stream comprising, at a minimum, the media content
`identifying data, wherein the media content identifying data comprises at least one element;
`at least one computer processor configured to extract [extracting]the media content identifying data from
`the data stream, associating each media content identifying data element with at least one of a plurality of
`media content;
`[storing in]an electronic memory of the communication device configured to store, at a minimum, media
`content identifying data elements into identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the at least one broadcast segment,
`wherein the at least one broadcast segment is corollary to the at least one of the plurality of media content;
`and
`an output configured to present [providing for presentation of] at least a portion of the data elements
`stored in the electronic memory of the communication device to provide [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.
`16. The system [method] of claim 11, wherein the data stream further comprises data that enables a unique
`identification of the at least one broadcast segment.
`
`Demonstrative Exhibit—Not Evidence
`
`9
`
`Petitioner Hyundai Ex-1033, 0009
`
`

`

`Overview
`
`Alleged Invention
`Instituted Grounds
`The “broadcast segment” Limitations
`Claim Construction
`The Art Teaches the Claimed “broadcast segment”
`The “associated”/“associating” Limitations
`Claim Construction
`The Art Teaches the “associated”/“associating” Limitations
`Other Limitations
`The Art Teaches the “broadcast stream” Limitation
`The Art Teaches the “output” Limitation
`The Art Teaches Claim 16’s “unique identification” Limitation
`A POSITA Would Have Been Motivated to Combine Curtin and Crosby
`
`Demonstrative
`Exhibit—Not Evidence
`
`10
`
`Petitioner Hyundai Ex-1033, 0010
`
`

`

`Grounds Presented
`
`Curtin
`
`Crosby
`
`Alwadish
`
`Koerber
`
`Ground 1
`
`Grounds 3 & 4
`
`Ground 2
`Demonstrative Exhibit—Not Evidence
`
`Ground 5
`
`11
`
`Petitioner Hyundai Ex-1033, 0011
`
`

`

`StratosAudio Disputes Only Certain Limitations of Independent Claim 11
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate associated
`with at least one of the plurality of media content and the at least one
`broadcast segment,wherein the at least one broadcast segment is
`corollary to the at least one of the plurality of media content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Demonstrative Exhibit—Not Evidence
`
`Broadcast Segment
`Broadcast Stream (Disputed
`for Curtin/Crosby Only)
`Data Aggregates
`(Disputed for AlwadishOnly)
`Output Configured to Present
`(Disputed for Curtin/Crosby
`Only)
`
`12
`
`Petitioner Hyundai Ex-1033, 0012
`
`

`

`Overview
`
`Alleged Invention
`Instituted Grounds
`The “broadcast segment” Limitations
`Claim Construction
`The Art Teaches the Claimed “broadcast segment”
`The “associated”/“associating” Limitations
`Claim Construction
`The Art Teaches the “associated”/“associating” Limitations
`Other Limitations
`The Art Teaches the “broadcast stream” Limitation
`The Art Teaches the “output” Limitation
`The Art Teaches Claim 16’s “unique identification” Limitation
`A POSITA Would Have Been Motivated to Combine Curtin and Crosby
`
`Demonstrative
`Exhibit—Not Evidence
`
`13
`
`Petitioner Hyundai Ex-1033, 0013
`
`

`

`Proposed Claim Construction for “broadcast segment”
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segmentand associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment,wherein the at least one broadcast
`segmentis corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Board’s Preliminary Construction Adopted
`by Petitioner
`
`Patent Owner’s Construction
`
`“a distinguishablepiece or portion of a
`broadcast stream, such as an
`individual song, speech, or video.”
`“a discretely identifiable portion of
`programming as broadcasted”
`Requires each “broadcast segment” be “an
`identifiably unique occurrence.”
`DI at 20; POR at 20-22; Reply at 2-4
`
`Demonstrative Exhibit—Not Evidence
`
`14
`
`Petitioner Hyundai Ex-1033, 0014
`
`

`

`The Board’s Construction Is Supported by the Intrinsic Evidence
`
`Plain Meaning Supports the Board’s
`Construction
`
`Requires nothing more than a segment of a
`broadcast.
`
`The Specification Supports the Board’s
`Construction
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segmentand associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment,wherein the at least one broadcast
`segmentis corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Demonstrative Exhibit—Not Evidence
`
`DI at 20 (citing and incorporating
`Volkswagen IPR DI (Ex-2019) at 19-23);
`Reply at 2
`
`15
`
`Petitioner Hyundai Ex-1033, 0015
`
`

`

`Claim 11 of the ’307 Patent Does Not Require Data Mining
`’307 Patent Claim 11
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content, the
`receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream
`
`Demonstrative Exhibit—Not Evidence
`
`16
`
`Petitioner Hyundai Ex-1033, 0016
`
`

`

`A “broadcast segment” Need Not Be Uniquely Identifiable
`Unique Identification is a Discrete
`Patent Owner’s Erroneous Argument
`Concept from “broadcast segment”
`
` “In other words, a ‘broadcast segment’ is
`an identifiably unique occurrence –it
`encompasses a portion of broadcast
`programming contextually unique to all
`others.”
`POR at 20.
` “For example, a song might be played two
`or more times on any particular broadcast
`day. A POSITA would understand that this
`repetition would result in producing
`identifiably different broadcast segments,
`one for each instance the song was
`broadcasted”
`POR at 20-21.
`
`“As shown in FIG. 1, a radio station 140...
`broadcasts audio material and
`synchronously sends RBDS/RDSor similar
`data to an APS server 144 that assigns a
`unique identifier to each specific broadcast
`segment or song. The APS server 144
`compares the broadcast segment identifier
`with a database 150 of audio available for
`purchase.”
`’307 Patent at 5:64-6:4; Reply at 3.
`“16. The system of claim 11, wherein the
`data stream further comprises data that
`enables a unique identification of the at least
`one broadcast segment.”
`’307 Patent at Claim 16, Reply at 3.
`
`Demonstrative Exhibit—Not Evidence
`
`17
`
`Petitioner Hyundai Ex-1033, 0017
`
`

`

`Data Mining is Mentioned Only As One of Many Potential Uses
`StratosAudio’s Erroneous Argument
`Data Mining is Only an Embodiment
`Specification
`
`“Moreover, Curtin nowhere discusses
`tracking of information for data mining
`purposesand therefore demonstrates no
`motivation to identify broadcast
`segments using the data stream. EX2020,
`¶90. Therefore, Curtin does not teach or
`suggest the additional limitation of claim
`16. EX2020, ¶90.”
`’307 POR at 47.
`“As such, Alwadishwould not meet the
`’307’s motivation for tracking sales
`activity “for the purposes of aggregating
`data or ‘Data Mining.’” EX1001, 9:34-37;
`EX2020, ¶112.”
`’307 POR at 59.
`
`’307 Patent at 3:10-16.
`
`Reply at 3-4
`
`18
`
`Demonstrative Exhibit—Not Evidence
`
`Petitioner Hyundai Ex-1033, 0018
`
`

`

`“Data Mining” is Irrelevant for Construing “broadcast segment”
`Claim 11 Does Not Touch on the
`Patent Owner’s Erroneous Argument
`Server Side Where Data Mining May
`Be Performed
`
` “The specification supports this
`interpretation. In several embodiments,
`the specification refers to aggregating data
`for the purpose of data mining . . . . This
`requires understanding not only the
`content purchased but also the particular
`portion of programming as broadcasted
`that triggered the purchase.”
`POR at 21.
` This is particularly important where the
`same media content is broadcasted
`multiple times per day. A POSITA would
`understand that the “broadcast segment”
`as applied in the challenged claims
`captures this objective.”
`
`Id.
`
`Demonstrative Exhibit—Not Evidence
`
`’307 Patent at 8:39-46, Reply at 1-3
`
`19
`
`Petitioner Hyundai Ex-1033, 0019
`
`

`

`Curtin (Ground 1) Discloses a “broadcast segment” under the Board’s Correct Construction
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Curtin
`
`Ex-1010 at 3:48-50; Petition at 21-23. See also Reply at 7, 9; DI at
`27.
`
`Ex-1010 at Abstract; Petition at 21. See also Reply at 7, 9; DI at 27.
`
`Demonstrative Exhibit—Not Evidence
`
`20
`
`Petitioner Hyundai Ex-1033, 0020
`
`

`

`Curtin (Grounds 1 & 2) Discloses a “broadcast segment” Even under Patent Owner’s
`Erroneous Construction
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Curtin
`
`Ex-1010 at 2:35-48; Reply at 9-10
`
`Demonstrative Exhibit—Not Evidence
`
`21
`
`Petitioner Hyundai Ex-1033, 0021
`
`

`

`Both Curtin and the ’307 Patent Use Identification to Facilitate Purchasing Media
`
`Patent Owner’s Erroneous Argument
`
` “[A] POSITA would have understood
`Curtin’s sole use of “identification
`information” (including date and time)
`was to ensure the listener could purchase
`a personal copy of the particular version of
`media content heard. As a result, a POSITA
`would have understood Curtin to teach a
`correlation of the media content
`identifying information with the media
`content, and not with the broadcast
`segment that delivered it.”
`Sur-reply at 8-9.
`
`’307 Patent
`
`“In one embodiment, an Automatic Purchase
`System (APS) provides a radio broadcast listener
`with the ability to conveniently purchase media
`content such as music or speech while listening
`to the radio.”
`’307 Patent at 2:57-60.
`“As shown in FIG. 1, a radio station 140...
`broadcasts audio material and synchronously
`sends RBDS/RDSor similar data to an APS server
`144 that assigns a unique identifier to each
`specific broadcast segment or song. The APS
`server 144 compares the broadcast segment
`identifier with a database 150 of audio available
`for purchase.”
`’307 Patent at 5:64-6:4.
`
`Demonstrative Exhibit—Not Evidence
`
`22
`
`Petitioner Hyundai Ex-1033, 0022
`
`

`

`Alwadish (Ground 3) Discloses a “broadcast segment” under The Board’s Correct
`Construction
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Demonstrative Exhibit—Not Evidence
`
`Alwadish
`
`Ex-1011 at 2:32-43, Figs. 3-4; Pet. 40-41, 48
`
`23
`
`Petitioner Hyundai Ex-1033, 0023
`
`

`

`Alwadish (Ground 3) Discloses a “broadcast segment” Even under Patent Owner’s
`Erroneous Construction
`
`’307 Patent Claim 11
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associated with at least one of the plurality of media content and the
`at least one broadcast segment, wherein the at least one broadcast
`segment is corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Demonstrative Exhibit—Not Evidence
`
`Alwadish
`
`Ex-1011 at Figs. 3-4; Reply 23-24
`
`Ex-1011 at 8:17-20; Reply at 23
`
`24
`
`Petitioner Hyundai Ex-1033, 0024
`
`

`

`Overview
`
`Alleged Invention
`Instituted Grounds
`The “broadcast segment” Limitations
`Claim Construction
`The Art Teaches the Claimed “broadcast segment”
`The “associated”/“associating” Limitations
`Claim Construction
`The Art Teaches the “associated”/“associating” Limitations
`Other Limitations
`The Art Teaches the “broadcast stream” Limitation
`The Art Teaches the “output” Limitation
`The Art Teaches Claim 16’s “unique identification” Limitation
`A POSITA Would Have Been Motivated to Combine Curtin and Crosby
`
`Demonstrative
`Exhibit—Not Evidence
`
`25
`
`Petitioner Hyundai Ex-1033, 0025
`
`

`

`Proposed Claim Construction for “associating/associated”
`11. A system for correlating media content identifying data with at
`’307 Patent Claim 11
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associatedmedia content,
`the receiver further configured to receive a data stream associatedwith
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associatingeach
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate
`associatedwith at least one of the plurality of media content and the
`at least one broadcast segment,wherein the at least one broadcast
`segmentis corollary to the at least one of the plurality of media
`content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Plain and ordinary meaning:indicates some
`relationshipbetween items”
`“associating” means “implementing a link
`between two or more items”
`“associated” means “two or more items are
`linked via an implemented link”
`Requires the link be “formal, intentional and
`requires implementation by claim 11”
`POR at 24-25; Reply at 5-6.
`
`Patent Owner’s Construction
`
`Petitioner’s Construction
`
`Demonstrative Exhibit—Not Evidence
`
`26
`
`Petitioner Hyundai Ex-1033, 0026
`
`

`

`Patent Owner’s Construction Comes Entirely from its Expert
`
`Deposition of Patent Owner’s Expert
`
`Demonstrative Exhibit—Not Evidence
`
`Ex-1029 at 166:8-21; Reply at 6
`
`27
`
`Petitioner Hyundai Ex-1033, 0027
`
`

`

`Patent Owner’s Construction Comes Entirely from its Expert
`
`Deposition of Patent Owner’s Expert
`
`Demonstrative Exhibit—Not Evidence
`
`Ex-1029 at 167:5-15; Reply at 6
`
`28
`
`Petitioner Hyundai Ex-1033, 0028
`
`

`

`Patent Owner Criticized a Similar Interpretation in Related Litigation
`
`Demonstrative Exhibit—Not Evidence
`
`Supplemental Brief, Paper 33 at 2.
`
`29
`
`Petitioner Hyundai Ex-1033, 0029
`
`

`

`Alwadish (Ground 3) Discloses “data aggregates” “associated” with the “media content”
`and “broadcast segment” Even under Patent Owner’s Construction
`Alwadish
`’307 Patent Claim 11
`
`Ex-1011 at 8:24-25; Pet. at 45-47; Reply at 24-25.
`
`Ex-1011 at Figs. 3-4; Reply at 24-25
`
`30
`
`11. A system for correlating media content identifying data with at
`least one broadcast segment received by a communication device, the
`system comprising:
`a receiver configured to receive a broadcast stream comprising the at
`least one broadcast segment and associated media content,
`the receiver further configured to receive a data stream associated with
`the broadcast stream, the data stream comprising, at a minimum, the
`media content identifying data, wherein the media content
`identifying data comprises at least one element;
`at least one computer processor configured to extract the media
`content identifying data from the data stream, associating each
`media content identifying data element with at least one of a
`plurality of media content;
`an electronic memory of the communication device configured to store,
`at a minimum, media content identifying data elements into
`identifying data aggregates, each identifying data aggregate associated
`with at least one of the plurality of media content and the at least one
`broadcast segment,wherein the at least one broadcast segment is
`corollary to the at least one of the plurality of media content; and
`an output configured to present at least a portion of the data elements
`stored in the electronic memory of the communication device to
`provide selective outputting using an interface of at least one of the
`following: the media content identifying data, the media content, the
`corollary broadcast segment, a temporal position of the corollary
`broadcast segment of the broadcast stream.
`
`Demonstrative Exhibit—Not Evidence
`
`Petitioner Hyundai Ex-1033, 0030
`
`

`

`Overview
`
`Alleged Invention
`Instituted Grounds
`The “broadcast segment” Limitations
`Claim Construction
`The Art Teaches the Claimed “broadcast segment”
`The “associated”/“associating” Limitations
`Claim Construction
`The Art Teaches the “associated”/“associating” Limitations
`Other Limitations
`The Art Teaches the “broadcast stream” Limitation
`The Art Teaches the “output” Limitation
`The Art Teaches Claim 16’s “unique identification” Limitation
`A POSITA Would Have Been Motivated to Combine Curtin and Crosby
`
`Demonstrative
`Exhibit—Not Evidence
`
`31
`
`Petitioner Hyundai Ex-1033, 0031
`
`

`

`Agreed Claim Construction for “a receiver configured to receive a broadcast stream c