UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`ROKU, INC.
`Petitioner
`
`v.
`
`MEDIA CHAIN, LLC,
`Patent Owner
`
`Case No. IPR2022-00392
`U.S. Patent No. 10,515,191
`_____________________
`
`DECLARATION OF JOHN TINSMAN IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 10,515,191
`
`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. 10,515,191
`
`

`

`
`
`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`
`TABLE OF CONTENTS
`
`
`I.
`INTRODUCTION ........................................................................................ 1
`QUALIFICATIONS ..................................................................................... 2
`II.
`III. MATERIALS CONSIDERED ...................................................................... 9
`IV. 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
`TECHNOLOGY BACKGROUND............................................................. 19
`A.
`Licensing and Distribution of Digital Media ..................................... 19
`E-Commerce and the Digital Revolution ................................ 19
`
`The Rise of Digital Rights Management Technology .............. 20
`
`Cloud-Based Streaming and Licensing Models ....................... 23
`
`Digital Fingerprinting ....................................................................... 24
`Targeted Marketing Based on User Demographics and Preferences . 28
`Targeted Marketing Over the Internet ..................................... 28
`
`Targeted Marketing Based on Users’ Negative Preferences .... 32
`
`VI. OVERVIEW OF THE ’191 PATENT ........................................................ 34
`A.
`Summary of the Disclosure ............................................................... 34
`Licensing and Distributing Digital Media Content .................. 36
`
`Targeted Marketing................................................................. 39
`
`Summary of the Claims .................................................................... 40
`Overview of the ’191 Patent Claims ....................................... 40
`
`The ’191 Patent Claims Relative to Other Claims in the
`
`Family..................................................................................... 44
`Summary of the Prosecution History................................................. 46
`C.
`VII. OVERVIEW OF THE PRIOR ART ........................................................... 47
`A.
`Peled ................................................................................................. 47
`
`V.
`
`B.
`C.
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`B.
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`B.
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`Brandstetter....................................................................................... 55
`B.
`Pou ................................................................................................... 62
`C.
`Levy.................................................................................................. 66
`D.
`Vijay ................................................................................................. 73
`E.
`VIII. CLAIM CONSTRUCTION ........................................................................ 76
`IX. GROUND 1: CLAIMS 1-4, 6-10, 12-16, 19-21, AND 23 OF THE ’191
`PATENT ARE UNPATENTABLE UNDER 35 U.S.C. § 103 OVER
`PELED IN VIEW OF POU......................................................................... 76
`A. Overview of the Combination of Peled and Pou................................ 77
`A POSA would have been motivated to combine Peled and
`
`Pou.......................................................................................... 77
`A POSA would have known how to combine Peled and Pou
`and would have had a reasonable expectation of success. ....... 81
`Independent Claim 1 ......................................................................... 83
`[1P] “A computer implemented method for determining a target
`
`demographic for media marketing, comprising:” .................... 83
`[1A] “receiving a first request from first user and a second
`request from a second user to reproduce the media content
`item;” ...................................................................................... 89
`[1B] “evaluating each of the first and second request to
`determine whether each of the first and second users has
`previously acquired a license to reproduce the media content
`item and offering the license to reproduce the media content
`item to each user when the each user does not have the license
`to reproduce the media content item;” ..................................... 90
`[1C] “after the evaluation of the first request, extracting first
`user data specific to first user when the first user accepts the
`offer and acquires the license;” ............................................... 95
`[1D] “after the evaluation of the second request, extracting
`second user data specific to the second user when the second
`user declines the offer to acquire the license;” ........................ 97
`[1E] “aggregating the extracted first and second user data into a
`statistics record,”..................................................................... 99
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`[1F] “wherein the statistics record summarizes the first user
`data and second user data;” ................................................... 101
`[1G] “storing in a license database the statistics record so that
`the summarized first and second user data is accessible to a
`third party;” .......................................................................... 102
`[1H] “analyzing by the third party, the statistics record, to
`determine the target demographic based on a first demographic
`corresponding to the first user data and a second demographic
`corresponding to the second user data;” ................................ 106
`[1I] “and marketing, by the third party, the media content item
`to a plurality of other users corresponding to the determined
`target demographic.” ............................................................. 109
`Independent Claim 7 ....................................................................... 110
`C.
`Independent Claim 13 ..................................................................... 123
`D.
`Independent Claim 19 ..................................................................... 128
`E.
`Claims 2 and 14 .............................................................................. 136
`F.
`Claims 3 and 15 .............................................................................. 140
`G.
`Claims 4, 10, 16, and 21.................................................................. 143
`H.
`Claims 6 and 23 .............................................................................. 148
`I.
`Claims 8 and 20 .............................................................................. 150
`J.
`Claim 9 ........................................................................................... 153
`K.
`Claim 12 ......................................................................................... 154
`L.
`X. GROUND 2: CLAIMS 5, 11, 17, AND 22 OF THE ’191 PATENT ARE
`UNPATENTABLE UNDER 35 U.S.C. § 103 OVER PELED IN VIEW OF
`POU AND VIJAY .................................................................................... 155
`XI. GROUND 3: CLAIM 18 OF THE ’191 PATENT ARE UNPATENTABLE
`UNDER 35 U.S.C. § 103 OVER PELED IN VIEW OF POU AND
`BRANDSTETTER ................................................................................... 161
`XII. GROUND 4: CLAIMS 1-4, 6-10, 12-16, 18-21, AND 23 OF THE ’191
`PATENT ARE UNPATENTABLE UNDER 35 U.S.C. § 103 OVER
`BRANDSTETTER IN VIEW OF LEVY .................................................. 163
`A. Overview of the Combination of Brandstetter and Levy ................. 164
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`B.
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`A POSA would have been motivated to combine Brandstetter
`and Levy. .............................................................................. 164
`A POSA would have known how to combine Brandstetter and
`Levy and would have had a reasonable expectation of
`success. ................................................................................. 172
`Independent Claim 1 ....................................................................... 174
`[1P] “A computer implemented method for determining a target
`
`demographic for media marketing, comprising:” .................. 174
`[1A] “receiving a first request from first user and a second
`request from a second user to reproduce the media content
`item;” .................................................................................... 181
`[1B] “evaluating each of the first and second request to
`determine whether each of the first and second users has
`previously acquired a license to reproduce the media content
`item and offering the license to reproduce the media content
`item to each user when the each user does not have the license
`to reproduce the media content item;” ................................... 183
`[1C] “after the evaluation of the first request, extracting first
`user data specific to first user when the first user accepts the
`offer and acquires the license;” ............................................. 194
`[1D] “after the evaluation of the second request, extracting
`second user data specific to the second user when the second
`user declines the offer to acquire the license;” ...................... 196
`[1E] “aggregating the extracted first and second user data into a
`statistics record,”................................................................... 198
`[1F] “wherein the statistics record summarizes the first user
`data and second user data;” ................................................... 200
`[1G] “storing in a license database the statistics record so that
`the summarized first and second user data is accessible to a
`third party;” .......................................................................... 201
`[1H] “analyzing by the third party, the statistics record, to
`determine the target demographic based on a first demographic
`corresponding to the first user data and a second demographic
`corresponding to the second user data;” ................................ 206
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`[1I] “and marketing, by the third party, the media content item
`to a plurality of other users corresponding to the determined
`target demographic.” ............................................................. 211
`Independent Claim 7 ....................................................................... 214
`C.
`Independent Claim 13 ..................................................................... 226
`D.
`Independent Claim 19 ..................................................................... 231
`E.
`Claims 2 and 14 .............................................................................. 238
`F.
`Claims 3 and 15 .............................................................................. 242
`G.
`Claims 4, 10, 16, and 21.................................................................. 245
`H.
`Claims 6 and 23 .............................................................................. 250
`I.
`Claims 8 and 20 .............................................................................. 253
`J.
`Claim 9 ........................................................................................... 257
`K.
`Claims 12 and 18 ............................................................................ 257
`L.
`XIII. GROUND 5: CLAIMS 5, 11, 17, AND 22 OF THE ’191 PATENT ARE
`UNPATENTABLE UNDER 35 U.S.C. § 103 OVER BRANDSTETTER IN
`VIEW OF LEVY AND VIJAY................................................................. 260
`XIV. OTHER EVIDENCE RELEVANT TO OBVIOUSNESS ......................... 267
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`
`I, John Tinsman, declare as follows:
`
`INTRODUCTION
`I have been engaged by Sterne, Kessler, Goldstein & Fox P.L.L.C. on
`
`
`
`I.
`
`behalf of Roku, Inc. (“Roku”) to provide this declaration concerning technical
`
`subject matter relevant to the inter partes review of U.S. Patent No. 10,515,191
`
`(EX1001, “the ’191 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 ’191 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 EX1001, 1:1-10, points to the ’191 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.
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`I am being compensated at my standard rate of $300/hour by Roku for
`
`
`
`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 ’191 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
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`experience designing, developing, and deploying hardware and software for
`
`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
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`included multimedia ingest, editing, processing, compression, and delivery,
`
`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
`
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`performance signal processing. Specifically, this work involved using the then-new
`
`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
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`position, I worked both as a product architect in Europe and as OpenTV’s
`
`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
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`architectures, technologies, and product development for OpenTV’s advanced
`
`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.
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`I am a named inventor on fourteen U.S. patents: (1) Patent No.
`
`
`
`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,
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`embedded systems and middleware, content protection technologies, streaming
`
`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 ’191 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.
`
`
`
`I have reviewed and am familiar with the ’191 patent specification, the
`
`claims, and the prosecution history. EX1001; EX1012. I have also reviewed and am
`
`familiar with the references listed in my exhibit list in addition to any other
`
`documents cited in throughout this declaration. I understand that the references are
`
`true and accurate copies of what they appear to be.
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`
`1010
`
`1011
`
`1012
`
`1013
`
`Exhibit
`Description
`No.
`1001 U.S. Patent No. 10,515,191 to Estes (“’191 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”)
`Prosecution History of U.S. Patent No. 9,715,581 (“’581 Prosecution
`1009
`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”)
`Curriculum Vitae of John Tinsman
`1015
`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”)
`
`1017
`
`1020
`
`
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`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`
`Exhibit
`No.
`
`1022
`
`1027
`
`1028
`
`1029
`
`Description
`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=
`FEC1E2A0F87ABB7EB30E41EA93AC1CAC?sequence=2)
`U.S. Patent Publication No. 2011/0314378 A1 to Nijim et al.
`(“Nijim”)
`“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/20041207191754/http:/archives.cnn.com
`/2000/TECH/computing/09/08/mood.music.idg/index.html)
`1032 U.S. Patent No. 8,306,976 to Handman et al. (“Handman”)
`1033 U.S. Patent Publication No. 2006/0206478 to Glaser et al. (“Glaser”)
`1034 U.S. Patent No. 7,081,579 to Alcade et al. (“Alcade”)
`Avery Li-Chun Wang, “An Industrial-Strength Audio Search
`Algorithm,” 4th International Conference on Music Information
`Retrieval, Baltimore, Maryland, USA, October 27-30, 2003.
`Bryan Jacobs, “How Shazam Works To Identify (Nearly) Every Song
`You Throw At It,” Gizmodo.com (September 24, 2010)
`https://gizmodo.com/how-shazam-works-to-identify-nearly-every-
`song-you-th-5647458
`European Patent Application Publication No. 1,558,032 to Widevine
`Technologies, Inc.
`U.S. Patent Publication No. 2013/0051772 to Ramaswamy et al.
`(“Ramaswamy”)
`
`1031
`
`1035
`
`1036
`
`1037
`
`1038
`
`
`
`- 11 -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`
`Exhibit
`Description
`No.
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`U.S. Patent Publication No. 2001/0056405 to Muyres et al.
`1040
`(“Muyres”)
`1041 U.S. Patent No. 7,603,382 to Halt, Jr. (“Halt”)
`1042 U.S. Patent No. 10,447,564 to Abraham et al. (“Abraham”)
`1043 U.S. Patent No. 8,583,089 to Ramer et al. (“Ramer”)
`Laurie J. Flynn, “Like This? You'll Hate That." (Not All Web
`Recommendations Are Welcome.),” NYTIMES.com (January 23,
`2006) (https://www.nytimes.com/2006/01/23/technology/like-this-
`youll-hate-that-not-all-web-recommendations-are.html)
`1045 U.S. Patent No. 8,375,131 To Rogers et al. (“Rogers”)
`1046 U.S. Patent Publication No. 2012/0233701 to Kidron (“Kidron”)
`1047 U.S. Patent No. 6,317,722 to Jacobi et al. (“Jacobi”)
`1048 U.S. Patent No. 8,352,331 to Dunning et al. (“Dunning”)
`1049 U.S. Patent Publication No. 2003/0086341 to Wells et al. (“Wells”)
`1050 U.S. Patent No. 7,178,720 to Strubbe et al. (“Strubbe”)
`“Technological Protection Systems for Digitized Copyrighted Works:
`A Report to Congress,” United States Patent and Trademark Office,
`2002
`Richard Leeming, “DRM – ‘digital rights’ or ‘digital restrictions’
`management?”, EBU Technical Review, January 2007
`(https://tech.ebu.ch/docs/techreview/trev_309-digital_rights.pdf)
`Jordi Ribas-Corbera, “Windows Media 9 Series – a platform to
`deliver compressed audio and video for Internet and broadcast
`applications,” EBU Technical Review, January 2003
`(https://tech.ebu.ch/docs/techreview/trev_293-ribas.pdf)
`Adrian Slywotzky, et al., “The Future of Commerce,” Harvard
`Business Review, January-February 2000
`(https://hbr.org/2000/01/the-future-of-commerce)
`
`1044
`
`1051
`
`1052
`
`1053
`
`1055
`
`
`
`- 12 -
`
`

`

`Declaration of John Tinsman
`U.S. Pat. No. 10,515,191
`
`Exhibit
`No.
`
`1060
`
`Description
`Eric A. Robinson, "Digital Rights Management, Fair Use, and
`Privacy: Problems for Copyright Enforcement through Technology,"
`University of St. Augustine, December 2009
`(https://orcid.org/0000-0001-9554-8754)
`1061 U.S. Patent Publication No. 2012/0020647 to Vogel (“Vogel”)
`1068 U.S. Patent No. 7,577,703 to Boucher et al. (“Boucher”)
`1072 U.S. Patent No. 9,715,581 to Estes (“’581 Patent”)
`1073 U.S. Patent No. 9,898,590 to Estes (“’590 Patent”)
`1074 U.S. Patent No. 10,489,560 to Estes (“’560 Patent”)
`1076 U.S. Patent No. 10,860,691 to Es