`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`ROKU, INC.,
`Petitioner,
`
`v.
`
`MEDIA CHAIN, LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2022-00389
`U.S. Patent No. 9,715,581
`_____________________
`
`
`DECLARATION OF JOHN TINSMAN IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 9,715,581
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`EX1002
`Roku V. Media Chain
`U.S. Patent No. 9,715,581
`
`

`

`
`
`
`TABLE OF CONTENTS
`
`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`
`INTRODUCTION ............................................................................ 1
`QUALIFICATIONS ......................................................................... 2
`MATERIALS CONSIDERED .......................................................... 9
`RELEVANT LEGAL STANDARDS ............................................. 14
`A. Obviousness ............................................................................ 14
`B.
`Level of Skill in the Art .......................................................... 16
`C. Motivation to Combine and Hindsight Bias ............................ 17
`D.
`Claim Construction ................................................................. 18
`BACKGROUND OF THE TECHNOLOGY .................................. 19
`A.
`Licensing and Distribution of Digital Media ........................... 19
`1. E-Commerce and the Digital Revolution .......................................... 19
`2. The Rise of Digital Rights Management Technology ........................ 20
`3. Cloud-Based Streaming and Licensing Models ................................. 23
`B.
`Digital Fingerprinting ............................................................. 25
`C.
`Targeted Marketing Based on User Demographics and
`Preferences ............................................................................. 29
`1. Targeted Marketing Over the Internet ............................................... 29
`2. Targeted Marketing Based on Users’ Negative Preferences .............. 33
`OVERVIEW OF THE ’581 patent .................................................. 35
`A.
`Summary of the Disclosure ..................................................... 35
`1. Licensing and Distributing Digital Media Content ............................ 37
`2. Targeted Marketing........................................................................... 41
`B.
`Summary of the Claims .......................................................... 42
`1. Overview of the ’581 Patent Claims ................................................. 42
`2. The ’581 patent Claims Relative to Other Claims in the Family ....... 46
`C.
`Summary of the Prosecution History....................................... 48
`OVERVIEW OF THE PRIOR ART ............................................... 49
`A.
`Peled ....................................................................................... 49
`
`- i -
`
`
`
`I.
`II.
`III.
`IV.
`
`V.
`
`VI.
`
`VII.
`
`
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`Brandstetter............................................................................. 57
`B.
`Pou ......................................................................................... 64
`C.
`Levy........................................................................................ 69
`D.
`Vijay ....................................................................................... 75
`E.
`CLAIM CONSTRUCTION ............................................................ 77
`GROUND 1: CLAIMS 1-21, 23, 25, 27, 29-30, AND 32 OF THE
`’581 PATENT ARE UNPATENTABLE UNDER 35 U.S.C. § 103
`OVER PELED IN VIEW OF POU ................................................. 77
`A. Overview of the Combination of Peled and Pou...................... 78
`1. A POSA would have been motivated to combine Peled and Pou. ..... 78
`2. A POSA would have known how to combine Peled and Pou and
`would have had a reasonable expectation of success......................... 83
`Independent Claim 1 ............................................................... 84
`[1P] “A computer implemented method for providing a multimedia
`hardware device to generate an authorized reproduction of a media
`content item included in a digital media file, comprising:” ............... 84
`[1A] “loading a digital media file for reproduction, wherein the digital
`media file includes the media content item;” .................................... 91
`[1B] “analyzing the digital media file to identify digital media
`information associated with the media content item;” ....................... 97
`[1C] “receiving a license request from a user requesting to engage in a
`license transaction to reproduce the media content item;”............... 104
`[1D] “evaluating the license transaction to determine whether the user
`has acquired a license to reproduce the media content item;” ......... 107
`[1E] “accessing a license database to determine whether the user is
`licensed to reproduce the media content item based on the digital
`media information;” ....................................................................... 110
`[1F] “reproducing the media content item when the user is licensed to
`reproduce the media content item based on the digital media
`information;” .................................................................................. 114
`[1G] “providing a licensing query to the user when the user is not
`licensed to reproduce the media content item to prompt the user to
`select to acquire a license to reproduce the media content item or to
`decline the license to reproduce the media content item;” ............... 116
`
`B.
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`VIII.
`IX.
`
`6.
`
`7.
`
`8.
`
`
`
`- ii -
`
`

`

`9.
`
`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`[1H] “after the evaluation of the license transaction, extracting from
`the license transaction user data that is specific to the user that is
`attempting to reproduce the media content item when the user
`acquires the license and when the user declines the license, wherein
`the user data includes demographic data associated with the user that
`enables a copyright owner of the media content item to gauge a
`demographic that acquired the license for the media content item of
`the copyright owner and a demographic that declined the license for []
`the media content item of the copyright owner;” ............................ 120
`a) Peled discloses “after the evaluation of the license transaction,
`extracting from the license transaction user data that is specific to
`the user that is attempting to reproduce the media content item
`when the user acquires the license and when the user declines the
`license, wherein the user data includes demographic data associated
`with the user”.............................................................................. 121
`b) Peled discloses “wherein the user data … enables a copyright
`owner of the media content item to gauge a demographic that
`acquired the license for the media content item of the copyright
`owner and a demographic that declined the license for the media
`content item of the copyright owner” .......................................... 124
`10. [1I] “aggregating the user data into a statistics record for the license
`request when the user acquires the license and when the user declines
`the license, wherein the statistics record summarizes the user data
`associated with the license request;” ............................................... 127
`11. [1J] “storing in the license database the statistics record so that the
`user data is accessible to the copyright owner of the media content
`item; and” ....................................................................................... 129
`12. [1K] “analyzing a plurality of statistics records aggregated from each
`license request for the media content item owned by the copyright
`owner to provide the copyright owner with the aggregated user data
`from each license request of the media content item when the license
`is acquired by the user and when the license is declined by the
`user.” .............................................................................................. 132
`Independent Claim 6 ............................................................. 133
`Independent Claim 11 ........................................................... 138
`Independent Claim 16 ........................................................... 142
`Claims 2 and 12 .................................................................... 148
`
`C.
`D.
`E.
`F.
`
`
`
`- iii -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`Claims 3 and 13 .................................................................... 149
`G.
`Claims 4 and 14 .................................................................... 151
`H.
`Claims 5 and 15 .................................................................... 154
`I.
`Claims 7-8 and 17-18 ............................................................ 157
`J.
`Claims 9 and 19 .................................................................... 159
`K.
`Claims 10 and 20 .................................................................. 162
`L.
`M. Claims 21, 23, 25, and 27 ...................................................... 163
`N.
`Claims 29 and 32 .................................................................. 168
`O.
`Claim 30 ............................................................................... 169
`GROUND 2: CLAIM 31 OF THE ’581 PATENT IS
`UNPATENTABLE UNDER 35 U.S.C. § 103 OVER PELED IN
`VIEW OF POU AND BRANDSTETTER .................................... 170
`GROUND 3: CLAIMS 22, 24, 26, AND 28 OF THE ’581 PATENT
`ARE UNPATENTABLE UNDER 35 U.S.C. § 103 OVER PELED
`IN VIEW OF POU AND VIJAY .................................................. 172
`GROUND 4: CLAIMS 1-21, 23, 25, 27, AND 29-32 OF THE ’581
`PATENT ARE UNPATENTABLE UNDER 35 U.S.C. § 103 OVER
`BRANDSTETTER IN VIEW OF LEVY ...................................... 177
`A. Overview of the Combination of Brandstetter and Levy ....... 177
`1. A POSA would have been motivated to combine Brandstetter and
`Levy. .............................................................................................. 177
`2. A POSA would have known how to combine Brandstetter and Levy
`and would have had a reasonable expectation of success. ............... 185
`Independent Claim 1 ............................................................. 187
`[1P]: “A computer implemented method for providing a multimedia
`hardware device to generate an authorized reproduction of a media
`content item included in a digital media file, comprising:” ............. 187
`[1A]: “loading a digital media file for reproduction, wherein the
`digital media file includes the media content item;” ....................... 196
`[1B] “analyzing the digital media file to identify digital media
`information associated with the media content item;” ..................... 204
`[1C] “receiving a license request from a user requesting to engage in a
`license transaction to reproduce the media content item;”............... 211
`
`B.
`1.
`
`2.
`
`X.
`
`XI.
`
`XII.
`
`3.
`
`4.
`
`
`
`- iv -
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`

`

`5.
`
`6.
`
`7.
`
`8.
`
`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`[1D] “evaluating the license transaction to determine whether the user
`has acquired a license to reproduce the media content item;” ......... 218
`[1E] “accessing a license database to determine whether the user is
`licensed to reproduce the media content item based on the digital
`media information;” ....................................................................... 225
`[1F] “reproducing the media content item when the user is licensed to
`reproduce the media content item based on the digital media
`information;” .................................................................................. 230
`[1G] “providing a licensing query to the user when the user is not
`licensed to reproduce the media content item to prompt the user to
`select to acquire a license to reproduce the media content item or to
`decline the license to reproduce the media content item;” ............... 233
`[1H] “after the evaluation of the license transaction, extracting from
`the license transaction user data that is specific to the user that is
`attempting to reproduce the media content item when the user
`acquires the license and when the user declines the license, wherein
`the user data includes demographic data associated with the user that
`enables a copyright owner of the media content item to gauge a
`demographic that acquired the license for the media content item of
`the copyright owner and a demographic that declined the license for []
`the media content item of the copyright owner;” ............................ 237
`a) Brandstetter discloses “after the evaluation of the license
`transaction, extracting from the license transaction user data that is
`specific to the user that is attempting to reproduce the media
`content item when the user acquires the license and when the user
`declines the license, wherein the user data includes demographic
`data associated with the user” ..................................................... 237
`b) Brandstetter discloses “wherein the user data … enables a
`copyright owner of the media content item to gauge a demographic
`that acquired the license for the media content item of the copyright
`owner and a demographic that declined the license for the media
`content item of the copyright owner” .......................................... 241
`10. [1I] “aggregating the user data into a statistics record for the license
`request when the user acquires the license and when the user declines
`the license, wherein the statistics record summarizes the user data
`associated with the license request;” ............................................... 245
`
`9.
`
`
`
`- v -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`11. [1J] “storing in the license database the statistics record so that the
`user data is accessible to the copyright owner of the media content
`item; and” ....................................................................................... 246
`12. [1K] “analyzing a plurality of statistics records aggregated from each
`license request for the media content item owned by the copyright
`owner to provide the copyright owner with the aggregated user data
`from each license request of the media content item when the license
`is acquired by the user and when the license is declined by the
`user.” .............................................................................................. 251
`Independent Claim 6 ............................................................. 254
`C.
`Independent Claim 11 ........................................................... 261
`D.
`Independent Claim 16 ........................................................... 266
`E.
`Claims 2 and 12 .................................................................... 272
`F.
`Claims 3 and 13 .................................................................... 275
`G.
`Claims 4 and 14 .................................................................... 276
`H.
`Claims 5 and 15 .................................................................... 279
`I.
`Claims 7-8 and 17-18 ............................................................ 282
`J.
`Claims 9 and 19 .................................................................... 284
`K.
`Claims 10 and 20 .................................................................. 288
`L.
`M. Claims 21, 23, 25, and 27 ...................................................... 289
`N.
`Claims 29 and 32 .................................................................. 292
`O.
`Claims 30 and 31 .................................................................. 293
`XIII. GROUND 5: CLAIMS 22, 24, 26, AND 28 OF THE ’581 PATENT
`ARE UNPATENTABLE UNDER 35 U.S.C. § 103 OVER
`BRANDSTETTER IN VIEW OF LEVY AND VIJAY................. 296
`XIV. OTHER EVIDENCE RELEVANT TO OBVIOUSNESS ............. 301
`
`
`
`- vi -
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`

`

`
`
`
`I.
`
`
`
`
`I, John Tinsman, declare as follows:
`
`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`
`INTRODUCTION
`I have been engaged by Sterne, Kessler, Goldstein & Fox P.L.L.C. on
`
`
`behalf of Roku, Inc. (“Roku”) to provide this Declaration concerning technical
`
`subject matter relevant to the inter partes review of U.S. Patent No. 9,715,581 (“the
`
`’581 patent”), which is entitled “Digital Media Reproduction and Licensing.”
`
`
`
`I am over 18 years of age. I have personal knowledge of the facts stated
`
`in this Declaration.
`
`
`
`I have reviewed and am familiar with the specification, claims, and
`
`prosecution history of the ’581 patent. I will cite to the specification of a U.S. Patent
`
`using the following format: (Column:Line Number(s)). For example, the citation to
`
`the ’581 patent, 1:1-10 points to the ’581 patent specification at column 1, lines 1-
`
`10.
`
`
`
`In forming my opinions expressed in this Declaration, I have reviewed
`
`and, in some cases, relied upon the list of materials provided in Section III in
`
`preparation of this Declaration. To the best of my knowledge, those exhibits listed
`
`in Section III are true and accurate copies of what they purport to be. An expert in
`
`the field would reasonably rely on them to formulate opinions such as those set forth
`
`in this Declaration.
`
`
`
`I am being compensated at my standard rate of $300/hour by Roku for
`
`
`
`- 1 -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`my time spent in connection with this proceeding. My compensation is not
`
`dependent on and in no way affects, the substance of my opinions. Nor is my
`
`compensation dependent on the outcome of this proceeding. My findings are based
`
`on my education, experience, and background in the fields discussed below.
`
`II. QUALIFICATIONS
` My academic and professional pursuits are closely related to the subject
`
`matter of the ’581 patent. Based on my education and work experience, I am well
`
`qualified to serve as a technical expert in this matter.
`
`
`
`A summary of my educational and professional experience is set forth
`
`in my curriculum vitae (CV), which is submitted as Exhibit 1015. Some of the
`
`relevant points in my CV are described below.
`
`
`
`I received a Bachelor’s degree and Master’s degree in Physics from the
`
`University of California, Santa Barbara in 1981 and 1983, respectively. My
`
`specialization for my Master’s degree was medical and scientific instrumentation. I
`
`also received a Master’s in Business Administration from San Jose State University
`
`in 1995. I am a member of the Institute of Electrical and Electronics Engineers
`
`(IEEE) and a registered U.S. Patent and Trademark Office patent agent (Registration
`
`No. 73,427).
`
`
`
`Although originally trained as a physicist, I have more than 35 years of
`
`experience designing, developing, and deploying hardware and software for
`
`
`
`- 2 -
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`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`scientific, consumer, industrial, and professional environments. I also have extensive
`
`experience in engineering management and business development, including the
`
`management of multinational teams. I have worked for a range of organizations,
`
`from academic institutions such as the Stanford Linear Accelerator Center (SLAC)
`
`at Stanford University and the Signal Processing Laboratory at the École
`
`Polytechnqiue Fédérale de Lausanne (EPFL), to pioneers in multimedia and digital
`
`television, such as Radius, Inc., OpenTV Inc., Qualcomm, and the Kudelski Group.
`
`In that time, I have published a number of papers and made numerous presentations
`
`at academic and professional conferences, as well as before the European
`
`Commission.
`
`
`
`I specialize in the areas of analog and digital signal processing and
`
`communications, and the command and control functions that generally accompany
`
`them. From 1985 to 1989, I developed analog and digital signal processing hardware
`
`and software for data acquisition systems in high energy physics experiments at
`
`SLAC. I also worked on the command and control systems used to operate, calibrate,
`
`and monitor such experiments, as well as the particle accelerator itself.
`
` From 1989 to 1995, I applied these skills to computer graphics and
`
`multimedia systems at Radius. Radius was a leader in high end graphics, and an early
`
`developer of Macintosh-based audio and video multimedia systems. These systems
`
`included multimedia ingest, editing, processing, compression, and delivery,
`
`
`
`- 3 -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`including server-based delivery over networks. Key markets for these products
`
`included pre-press, television post-production, and video serving using video
`
`compression.
`
`
`
`I worked at Radius as an engineer and an engineering manager. Several
`
`of my projects were related to video editing and compression using various codecs,
`
`such as MPEG-2 and Cinepak. This work included video signal processing and video
`
`signal enhancement, as well as the more general aspects of post-production using
`
`Apple Computer’s QuickTime framework. These aspects included the use of time
`
`codes, edit lists, and other metadata to properly combine a collection of input tracks
`
`into the final multimedia output. My other technical activities included the
`
`development of high-speed networks, custom integrated circuits, and remote
`
`rendering and control of high-resolution graphics displays.
`
`
`
`I joined Visual Edge in 1995 as its Vice President of Engineering. I led
`
`a team of engineers in developing and supporting high performance image
`
`processing software for rendering and printing text and images on large format high-
`
`resolution digital printers. This work involved product definition and engineering,
`
`as well as research on algorithms for imaging and color calibration.
`
`
`
`In 1998, I moved to Switzerland to become a Principal Researcher at
`
`the EPFL, supervising a team of researchers and graduate students studying high
`
`performance signal processing. Specifically, this work involved using the then-new
`
`
`
`- 4 -
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`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`multimedia instruction sets appearing in microprocessors to accelerate audio, image
`
`and video processing, and compression on high-end desktop computers.
`
` My background in signal and media processing also provided me the
`
`opportunity to use my skills in related contexts. In 2000 and 2001, I consulted for a
`
`search engine company, Albert Inc., to develop a prototype voice navigation and
`
`control module for their textual search engine. The target environment for the
`
`prototype was high-end automobiles, with the goal of enabling voice-based searches
`
`for information and services related to the user’s location. As a result, I worked
`
`extensively to understand a number of fundamental challenges to gathering,
`
`processing, and recognizing speech in an automotive environment.
`
` During this period, I also consulted with Pinnacle Systems, a
`
`manufacturer of digital video hardware and software for the consumer and broadcast
`
`markets. I developed video signal processing algorithms for Pinnacle’s custom
`
`broadcast television graphics integrated circuits and cards, with an emphasis on
`
`noise reduction to improve image quality and compressibility.
`
` From 2001 to 2007, I worked at OpenTV Inc. as a director in the Office
`
`of the Chief Technology Officer. OpenTV was a premier provider of set-top box
`
`middleware for cable and satellite platforms and was deeply involved in technology
`
`development and standards making for digital and interactive pay television. In that
`
`position, I worked both as a product architect in Europe and as OpenTV’s
`
`
`
`- 5 -
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`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`representative at standards groups, such as the Digital Video Broadcasting (DVB)
`
`Project. My architectural job activities included working with other technology
`
`providers, including companies that provided conditional access and Video on
`
`Demand (VOD)
`
`technologies for
`
`integration with OpenTV’s set-top box
`
`middleware, as well as OpenTV’s own products for content recording and playback.
`
`My standards work included contributions at the DVB to various technical and
`
`market development working groups, as well as at the steering board level. This
`
`work included significant involvement in the DVB’s standardization efforts around
`
`their Multimedia Home Platform (MHP) standard for a TV-based interactive
`
`television.
`
` From 2007 to 2009, I worked at Qualcomm Inc. as a Product Manager,
`
`supporting the company’s MediaFLO technology. MediaFLO was a technology for
`
`transmitting audio, video, and data to portable devices, such as mobile phones. The
`
`broadcast media transmitted via MediaFLO included live, real-time audio and video
`
`streams, as well as scheduled video and audio clips and shows. My duties included
`
`providing technology strategy, requirements analysis, and customer support for the
`
`MediaFLO technology.
`
` From 2009 to 2014, I returned to OpenTV as its Vice President of
`
`Engineering in the Advanced Advertising Group. In this role, I was responsible for
`
`architectures, technologies, and product development for OpenTV’s advanced
`
`
`
`- 6 -
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`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`advertising and engagement solutions across multiple platforms. This work included
`
`the ingest and processing of television program and schedule information, such as
`
`would be used for advertising schedules or electronic program guides. This work
`
`also involved searching, categorizing, and reporting such information for the
`
`purposes of ad placements and ad verifications. I also led the design and
`
`development of a real-time advertising analytics platform. This work involved
`
`extensive processing and presentation of advertising and program schedule
`
`information, including database and user interface design and implementation.
`
` From 2014 to 2017, I served as the Chief Technologist for the Kudelski
`
`Group’s Intellectual Property and Innovation Group. In this role, I supported
`
`inventors and the innovation process across multiple technologies, including
`
`multimedia systems related to content ingest, protection, delivery, and consumption.
`
`I also supported the company’s licensing and acquisition efforts.
`
` Currently, I am the Chief Executive Officer of GadgetJazz, an
`
`engineering design and innovation practice founded in 2017. Leveraging my past
`
`technical experiences, I perform consulting services related to technology and
`
`business development, specifically in the areas of multimedia and communications
`
`technologies, distributed systems, high performance computing, and consulting on
`
`innovation and the development of intellectual property.
`
`
`
`I am a named inventor on fourteen U.S. patents: (1) Patent No.
`
`
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`- 7 -
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`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`10,387,920 titled “System and Method for Offering and Billing Advertisement
`
`Opportunities”; (2) Patent No. 10,235,788, titled “Overlay Contrast Control in
`
`Augmented Reality Displays”; (3) Patent No. 10,152,815, titled “Overlay Emphasis
`
`Modification in Augmented Reality Displays”; (4) Patent No. 10,044,873, titled
`
`“Mute Alert”; (5) Patent No. 10,038,859, titled “Same Screen, Multiple Content
`
`Viewing Method and Apparatus”; (6) Patent No. 10,032,192, titled “Automatic
`
`Localization of Advertisements”; (7) Patent No. 9,877,054, titled “Dynamic
`
`Scheduling for Advanced Advertising in Linear Television”; (8) Patent No.
`
`9,799,048, titled “Intelligent Tool to Support Manual Scheduling of Ads”; (9) Patent
`
`No. 9,711,128, titled “Combined Audio for Multiple Content Presentation”; (10) –
`
`(13) Patent Nos. 9,344,470, 8,782,305, 8,335,873, and 7,930,449, all titled “Method
`
`and Systems for Data Transmission”; and (14) Patent No. D759,684, titled “Display
`
`Screen with a Graphical User Interface.” I am also the named inventor on three
`
`European patents: (1) No. 2,700,200, titled “Methods and Systems for Data
`
`Transmission”; (2) No. 2,602,996, titled “Dynamic Generation, Delivery, and
`
`Execution of Interactive Applications over a Mobile Broadcast Network”; and (3)
`
`No. 1,912,441, titled “Buffering and Transmitting Video Data upon Request.”
`
` Based on my educational background and professional experience, I
`
`consider myself an expert in various technologies, including multimedia systems,
`
`embedded systems and middleware, content protection technologies, streaming
`
`
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`- 8 -
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`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`media content, digital television systems, and client-server architectures. I also have
`
`significant experience in standards and standardization related to the DVB project,
`
`the European Telecommunications Standards Institute (ETSI), and Cable Labs.
`
`III. MATERIALS CONSIDERED
`In formulating my opinions, I have relied upon my training, knowledge,
`
`
`and experience that are relevant to the ’581 patent. Furthermore, I have considered
`
`specifically the following documents listed below in addition to any other documents
`
`cited in this Declaration. I understand that the references are true and accurate copies
`
`of what they appear to be:
`
`
`
`I have been asked to provide technical review, analysis, insights, and
`
`opinions regarding the references cited in the Petition and discussed below. My
`
`opinions are not only based on these references but also based on my over 30 years
`
`of experience as a computer architect, computer system designer, personal computer
`
`graphics designer, educator, and executive in the electronics industry.
`
`Exhibit
`Description
`No.
`1001 U.S. Patent No. 9,715,581 to Estes (“’581 patent”)
`1003 U.S. Patent Publication No. 2004/0010417 to Peled (“Peled”)
`U.S. Patent Publication No. 2011/0191246 to Brandstetter et al.
`1004
`(“Brandstetter”)
`1005 U.S. Patent Publication No. 2005/0004873 to Pou et al. (“Pou”)
`1006 U.S. Patent Publication No. 2008/0140433 to Levy et al. (“Levy”)
`1007 U.S. Patent No. 7,818,261 to Weiskopf et al. (“Weiskopf”)
`1008 U.S. Patent Publication No. 2013/0166921 to Vijay et al. (“Vijay”)
`
`
`
`- 9 -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`
`Exhibit
`No.
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`Description
`Prosecution History of U.S. Patent No. 9,715,581 (“’581 Prosecution
`History”)
`Prosecution History of U.S. Patent No. 9,898,590 (“’590 Prosecution
`History”)
`Prosecution History of U.S. Patent No. 10,489,560 (“’560 Prosecution
`History”)
`Prosecution History of U.S. Patent No. 10,515,191 (“’191 Prosecution
`History”)
`Prosecution History of U.S. Patent No. 10,860,691 (“’691 Prosecution
`History”)
`Prosecution History of U.S. Patent No. 10,885,154 (“’154 Prosecution
`1014
`History”)
`1015 Curriculum Vitae of John Tinsman
`1016 U.S. Patent No. 7,043,473 to Rassool et al. (“Rassool”)
`Mary Madden, The State of Music Online: Ten Years After Napster,
`Pew Research Center (June 15, 2009)
`(https://www.pewresearch.org/internet/
`2009/06/15/the-state-of-music-online-ten-years-after-napster/)
`1018 U.S. Patent No. 8,185,475 to Hug (“Hug”)
`1019 U.S. Patent No. 8,051,130 to Logan (“Logan”)
`“Digital Rights Management,” FTC.org (March 25, 2009)
`(https://www.ftc.gov/news-events/events-calendar/
`2009/03/digital-rights-management)
`1021 U.S. Patent No. 8,776,216 to Boccon-Gibod et al. (“Boccon-Gibod”)
`Urs Gasser et al., “Case Study: DRM-protected Music Interoperability
`and e-Innovation,” Harvard.edu (November 2007)
`(https://dash.harvard.edu/bitstream/handle/1/2794938/DRM-
`protected+Music+Interoperability+and+eInnovation.pdf;jsessionid=FE
`C1E2A0F87ABB7EB30E41EA93AC1CAC?sequence=2)
`1027 U.S. Patent Publication No. 2011/0314378 A1 to Nijim et al. (“Nijim”)
`
`1017
`
`1020
`
`1022
`
`
`
`- 10 -
`
`

`

`1028
`
`1029
`
`1031
`
`1035
`
`1036
`
`1037
`
`Exhibit
`No.
`
`Declaration of John Tinsman
`U.S. Pat. No. 9,715,581
`
`Description
`“Apple TV Coming to Your Living Room,”Apple.com (January 9,
`2007)
`(https://www.apple.com/newsroom/2007/01/09Apple-TV-Coming-to-
`Your-Living-Room/)
`Jaap Haitsma, et al., “A Highly Robust Audio Fingerprinting System,”
`3rd International Conference on Music Information Retrieval, Paris,
`France, October 13-17, 2002 (“Haitsma”)
`1030 U.S. Patent No. 9,554,176 to Gharaat et al. (“Gharaat”)
`Alex Pappademas, “Mood music for the cyber set,” CNN.com,
`archived December 7, 2004
`(https://web.archive.org/web/2004