`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`AKAMAI TECHNOLOGIES, INC.,
`Petitioner
`v.
`EQUIL IP HOLDINGS LLC,
`Patent Owner
`
`___________________
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`___________________
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`DECLARATION OF DR. MARK T. JONES
`IN SUPPORT OF PATENT OWNER’S PRELIMINARY RESPONSE
`
`
`Equil EX2001
`Akamai Techs. v. Equil IP Holdings
`IPR2023-00330
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`TABLE OF CONTENTS
`
`INTRODUCTION ....................................................................................... 1
`I.
`QUALIFICATIONS .................................................................................... 2
`II.
`III. LEGAL PRINCIPLES ................................................................................. 5
`A.
`Claim Construction ............................................................................ 5
`B.
`35 U.S.C. § 112(a) ............................................................................. 6
`IV. THE ’242 PATENT ..................................................................................... 7
`V.
`LEVEL OF ORDINARY SKILL IN THE ART .......................................... 9
`VI. CLAIM CONSTRUCTION ....................................................................... 10
`VII. THE ’242 PATENT PRIORITY ................................................................ 10
`VIII. CONCLUSION ......................................................................................... 12
`
`
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`U.S. Patent No. 8,495,242
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`I.
`
`I, Mark. T. Jones, hereby declare as follows.
`
`INTRODUCTION
`I have been retained on behalf of Patent Owner Equil IP Holdings
`1.
`
`LLC (“Equil IP”) for the above-captioned inter partes review (IPR). I understand
`
`that this proceeding involves U.S. Patent No. 8,495,242 (“the ’242 patent”) titled
`
`“Automated media delivery system.”
`
`2.
`
`I understand that Sean Barger, Steve Johnson, Matt Butler, Jerry
`
`Destremps, David Pochron, and Trent Brown are the named inventors of the ’242
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`patent. I also understand that the ’242 patent is currently assigned to Equil IP.
`
`3.
`
`I have reviewed and am familiar with the following documents:
`
`Paper or
`Exhibit No. Description
`Akamai Technologies’ Petition for Inter Partes Review of U.S.
`Patent No. 8,495,242
`
`2
`
`1001
`1002
`
`1007
`
`1010
`
`1013
`
`1021
`
`U.S. Patent No. 8,495,242 (“the ’242 patent”)
`
`File History of U.S. Application No. 12/713,637
`
`U.S. Patent Application Publication No. US 2002/0078093
`(“Samaniego”)
`
`File History of U.S. Application No. 11/269,916
`
`Redline Comparison of specifications from Samaniego and the
`’242 patent
`
`Redline Comparison of specifications from Samaniego and
`Publication No. 2006/0265476 of Application No. 11/269,916
`
`- 1 -
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`Paper or
`Exhibit No. Description
`File History of U.S. Application No. 12/173,747
`1026
`
`Redline Comparison of specifications from Samaniego and
`Publication No. 2009/0070485 of Application No. 12/173,747
`
`File History of U.S. Application No. 09/929,904
`
`Curriculum Vitae of Dr. Mark T. Jones
`
`1028
`
`1035
`2002
`
`
`II. QUALIFICATIONS
`4. My CV is attached as EX2002. I am a Professor Emeritus of Electrical
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`and Computer Engineering at Virginia Tech in Blacksburg, Virginia. I graduated
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`summa cum laude from Clemson University in 1986 with a B.S. in Computer
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`Science and a minor in Computer Engineering, while holding a National Merit
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`Scholarship and the R. F. Poole Scholarship. I then graduated from Duke
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`University in 1990 with a Ph.D. in Computer Science, while holding the Von
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`Neumann Fellowship.
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`5.
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`Upon graduation, I joined the Department of Energy at its Argonne
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`National Laboratory facility. My responsibilities there included the design and use
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`of software for computers with hundreds of processing elements. This software
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`was designed for compatibility with new parallel computer architectures as they
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`became available, as well as with other large software components being written in
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`the Department of Energy. While with the Department of Energy, I received the
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`IEEE Gordon Bell Prize.
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`6.
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`In 1994, I joined the Computer Science faculty at the University of
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`Tennessee. My teaching responsibilities included computer architecture and
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`computer networking. My research interests included the design and use of
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`software that used the collective power of large groups of workstations. While at
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`the University of Tennessee, I received a CAREER Award from the National
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`Science Foundation.
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`7.
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`In 1997, I joined the Electrical and Computer Engineering faculty at
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`Virginia Tech. My teaching responsibilities have included the design of embedded
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`systems, computer organization, computer architecture, a variety of programming
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`courses, and parallel computing. I have been cited multiple times on the College of
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`Engineering’s Dean’s List for teaching.
`
`8.
`
`In addition to the activities, education, and professional experience
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`listed above, I have been involved in research projects that contribute to my
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`expertise relating to this report. While at Virginia Tech, I have been a primary or
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`co-investigator on government and industrial research grants and contracts in
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`excess of five million dollars.
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`9.
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`The majority of the research contracts undertaken in the laboratory
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`have involved collaboration and coordination with other groups to build a larger
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`system. My responsibilities under the SLAAC project (a collaborative effort
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`funded by the Defense Advanced Research Projects Agency involving the
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`University of Southern California, Sandia National Laboratory, Los Alamos
`
`National Laboratory, Brigham Young University, UCLA, Lockheed-Martin, and
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`the Navy) included the development of a software system for monitoring,
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`configuring, and controlling a networked collection of computers hosting
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`specialized computer hardware. As part of the DSN project (a collaborative effort
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`funded by the Defense Advanced Research Projects Agency involving UCLA and
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`USC), I was responsible for designing algorithms and software for controlling and
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`monitoring a large network of autonomous computer sensor nodes. This software
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`was integrated with software from several other teams around the country for a set
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`of field demonstrations over a three-year period.
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`10.
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`In the TEAMDEC project for the Air Force Research Laboratory, I
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`led an effort to design and construct a collaborative, Internet-based decision
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`making system. This Java-based system provided a geographically diverse team
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`with Internet-based tools to enable collaborative decision-making. On the server
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`side, the system architecture made extensive use of database technology. This work
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`was awarded first prize at the 2002 AOL/CIT Research Day.
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`11. Other projects have involved the close coupling of computer hardware
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`and software, including the writing of device drivers and simple operating systems,
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`the design of hardware circuits, the design of new system architectures,
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`architectures for secure computing, the modification of complex operating systems,
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`and software for mediating between complex software packages. Additionally, my
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`research has included video-conferencing, network-based visualization of large-
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`scale scientific computing results, and a wireless link for communicating video
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`from a UAV.
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`12.
`
`In my professional experience, I have become familiar with many
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`problems faced by computer scientists, designers, programmers, and users in the
`
`area of networked media delivery and related topics and technologies.
`
`III. LEGAL PRINCIPLES
`A. Claim Construction
`I understand that, during an inter partes review, an unexpired claim is
`13.
`
`construed according to its ordinary and customary meaning consistent with the
`
`standard established in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en
`
`banc) (“Phillips”). As such, it is my understanding that claim terms are given the
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`meaning that the term would have to a person of ordinary skill in the art in
`
`question at the time of the invention. In this standard, my understanding is that the
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`primary source of claim construction should be intrinsic evidence; that is, the
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`patent itself. I also understand that I may use extrinsic evidence to construe the
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`claims; however, I understand that intrinsic evidence takes priority.
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`B.
`14.
`
`35 U.S.C. § 112(a)
`I understand that 35 U.S.C. § 112(a) includes a written description
`
`requirement and an enablement requirement. I understand that that while written
`
`description and enablement are separate requirements, they often rise and fall
`
`together in the predictable arts (such as the electrical arts). I also understand that to
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`rely upon the priority date of an earlier-filed patent application, that earlier-filed
`
`application must also provide support that satisfies the written description and
`
`enablement requirements.
`
`15.
`
`I understand that the test for sufficiency of written description is
`
`whether the disclosure of the patent or application which is relied upon reasonably
`
`conveys that the inventor had possession of the claimed subject matter as of the
`
`filing date. I understand that a description that merely renders the claimed subject
`
`matter obvious does not satisfy the written description requirement.
`
`16.
`
`I understand that the test for enablement is whether the disclosure
`
`teaches those in the art to make and use the invention without undue
`
`experimentation. I understand that the following factors are considered in
`
`determining whether a disclosure would require undue experimentation: (1) the
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`quantity of experimentation necessary; (2) the amount of direction or guidance
`
`presented; (3) the presence or absence of working examples; (4) the nature of the
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`invention; (5) the state of the prior art; (6) the relative skill of those in the art;
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`(7) the predictability or unpredictability of the art; and (8) the breadth of the
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`claims.
`
`IV. THE ’242 PATENT
`17. The ’242 patent describes an automatic graphics delivery method that
`
`“automat[es] the production of media through content generation procedures
`
`controlled by proprietary tags placed within URLs embedded within Web
`
`documents.” EX1001, 7:6-11. The method “automatically processes the URL
`
`encoded tags and automatically produces derivative media for the web site from
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`the original media.” Id., 7:13-16.
`
`18. By way of example, Figure 22, reproduced below, is “a flowchart of
`
`the content generation procedure according to a preferred embodiment” of the ’242
`
`patent. EX1001, 19:54-55. A URL with proprietary tags 2200 is parsed at step
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`2210 to “determine the content generation procedure to execute, any dynamic
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`modifications to the media, user profile characteristics, and proxy-cache control.”
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`Id., 19:56-59. At step 2220, a unique final lookup key is generated for the media.
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`Id., 19:59-61. The media cache is checked at step 2230. Id. If the indicated media
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`exists, the media is delivered to the browser at step 2295. Id., 19:61-63.
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`EX1001, FIG. 22.
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`
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`19.
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`If the media does not exist, dynamic media system tags are separated
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`from content generation control tags at step 2240. Id., 19:63-65. A unique
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`intermediate image lookup key is generated at step 2250. Id. The cache is checked
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`for this intermediate media at step 22511. Id., 19:66-67. If the intermediate media
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`is found, it is retrieved at step 2260 and used directly for dynamic processing, if
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`required. Id., 19:67-20:1, FIG. 22. If the intermediate media is not found, content is
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`generated at step 22622 and cached at step 2263. Id., 20:1-3. The intermediate
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`media is evaluated for dynamic processing at step 2270. Id. If dynamic processing
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`is required, the dynamic content generator operates on the media at step 2271. Id.,
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`20:3-6. The image is then customized by the user profiling system at step 2280 for
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`specified browser or client attributes. Id., 20:7-9. Any cache-control directives
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`specified are attached to the response at step 2290. Id., 20:9-11. The media is
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`delivered to the browser at step 2295. Id.
`
`V. LEVEL OF ORDINARY SKILL IN THE ART
`I have been informed that a person of ordinary skill in the art
`20.
`
`(“POSITA”) is a hypothetical person that has ordinary creativity and is not an
`
`automaton. I understand that Akamai has proposed that a POSITA would have had
`
`a bachelor’s degree in computer systems, computer science, or the equivalent
`
`
`1 The specification includes a typographical error. As seen in Figure 22, the
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`cache checking step is 2251.
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`2 There is a typographical error in Figure 22, where the “Content Generation”
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`block is labeled as 2260 rather than 2262.
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`thereof, and at least two years of experience with networked media delivery or
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`related technologies. Pet., 10. I understand that Akamai has further proposed that
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`more education can supplement practical experience, and vice-versa. Id. For
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`purposes of this declaration, I have applied Akamai’s definition of a POSITA. As
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`of the relevant time period I was at least a person of ordinary skill in the art
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`according to Akamai’s definition.
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`VI. CLAIM CONSTRUCTION
`I understand that the ’242 patent is currently involved in the following
`21.
`
`district court litigation between Equil IP and Akamai: Equil IP Holdings LLC v.
`
`Akamai Technologies, Inc., No. 1-22-cv-00677 (D. Del.). I further understand that
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`the parties have not engaged in claim construction in that litigation.
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`22.
`
`I understand that Petitioner has proposed that all claim terms should
`
`be construed according to their plain and ordinary meaning. Pet., 10-11. I have
`
`applied the plain and ordinary meaning to the claim terms of the ’242 patent in my
`
`analysis herein.
`
`VII. THE ’242 PATENT PRIORITY
`I have been asked by Patent Owner’s counsel to determine whether
`23.
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`claim 9 of the ’242 patent is supported by each of the applications in its priority
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`chain, shown in the chart below. A copy of the originally filed specification of
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`each application is available in the corresponding file history, the exhibit numbers
`
`of which also are identified in the chart.
`
`Appl. No.
`
`Filing Date
`
`February 26, 2010
`12/713,637
`July 15, 2008
`12/173,747
`11/269,916 November 7, 2005
`09/929,904 August 14, 2001
`
`24.
`
`Corresponding US
`Patent/Pub. No.
`8,495,242
`8,656,046
`2006/0265476
`6,964,009
`
`Exhibit No.
`(File History)
`1002
`1026
`1010
`1035
`
`I understand that Samaniego (EX1007) is the pre-issuance publication
`
`of the ’904 application, the earliest application discussed herein. As shown by
`
`Akamai’s redline comparison in EX1013, the specifications of the ’242 patent and
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`Samaniego are identical except for the addition of a cross-reference paragraph in
`
`the specification of the ’242 patent. Likewise, the specifications of each of the
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`applications in the priority chain are the same. See EX1021 (comparison of
`
`Samaniego and publication of the ’916 application), EX1028 (comparison of
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`Samaniego and publication of the ’747 application).
`
`25. The chart attached to this declaration as Appendix A demonstrates, in
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`my expert opinion, that all the limitations of claim 9 of the ’242 patent are
`
`supported by each of the ’637 application, the ’747 application, the ’916
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`application, and the ’904 application.3 The cited portions demonstrate that the
`
`inventors had possession of the claimed subject matter and also enable a POSITA
`
`to make and use the invention without undue experimentation.
`
`VIII. CONCLUSION
`26. The findings and opinions set forth in this declaration are based on my
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`work and analysis to date. I may continue my analysis. I may also receive
`
`additional documentation and other factual evidence over the course of this
`
`proceeding that will allow me to supplement and/or refine my opinions. I reserve
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`the right to add to, alter, or delete my opinions and my declaration upon discovery
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`of any additional information. I reserve the right to make such changes as may be
`
`deemed necessary.
`
`27.
`
`In signing this declaration, I recognize that the declaration will be
`
`filed as evidence in an inter partes review before the Patent Trial and Appeal
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`Board of the United States Patent and Trademark Office. I also recognize that I
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`may be subject to cross-examination in the case and that cross-examination will
`
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`3 Citations to the ’637 application, the ’747 application, the ’916 application,
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`and the ’904 application are exemplary and there may be additional portions of the
`
`applications that support the claims.
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`take place within the United States. If cross-examination is required, I will appear
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`for cross-examination within the United States during the time allotted.
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`28.I hereby declare that all statements made herein of my own
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`
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`knowledge are true and that all statements made on information and belief are
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`believed to be true, and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code.
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`
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`Executed on this 25th day of April 2023, in Blacksburg, Virginia.
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`
`
`Dr. Mark T. Jones
`
`- 13 -
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`
`
`Appendix A
`Appendix A
`
`
`
`Claimed Features
`
`[9.P] A method for
`accessing dynamically
`transcoding media
`content, the method
`comprising:
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`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`Although the ’242 patent does not use the
`term “transcoding,” a skilled artisan would
`appreciate that the ’242 patent is directed to
`reading media content from one format and
`writing into various other formats (e.g.,
`BMP, GIF, JPG, PNG, TIF, PICT, TGA,
`PSD, FPX, see Table C), which are
`examples of the claimed “transcoding.”
`
`1:19-211 “[T]he invention relates to an
`Internet server-based software system that
`provides delivery of automated graphics
`and other media to Web sites for access by
`an end user or consumer.”
`
`
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`
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`
`
`
`
`
`
`1:18-202
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`1:17-18
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`1:7-9
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`
`
`1 All citations are to the native page and line numbers of the as-filed specifications. The as-filed applications are
`available at the page range of each exhibit identified in the column headers.
`2 Where the quotations are the same across all specifications, only corresponding citations are provided for the ’747
`application, the ’916 application, and the ’904 application.
`Appendix A - Page 1 of 33
`
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`Support for Claimed Features:
`
`Claimed Features
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`10:5-7 (see also 12:31-33 and 27:27-29)
`“The system takes as input the client
`connection, server traffic, content
`generation procedures, and proprietary tags
`placed within the URL to generate
`optimized media for the client.”
`
`12:10-11 “FIG. 21 is a schematic diagram
`showing process flow of a proprietary
`enabled page delivered to a Web
`browser…”
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`10:5-7
`(12:31-33,
`27:27-29)
`
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`
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`12:10-11
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`
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`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`10:5-7
`(12:31-33,
`27:13-15)
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`12:10-11
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`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`8:20-22
`(10:35-37,
`23-32-34)
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`
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`10:15-16
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`Appendix A - Page 2 of 33
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`
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`Claimed Features
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`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`
`
`
`FIG. 21
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`12:13-14
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`FIG. 21
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`12:13-14
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`FIG. 21
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`10:18-19
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`12:13-14 “FIG. 22 shows a flowchart of a
`content generation procedure according to
`a preferred embodiment of the
`invention…”
`
`
`Appendix A - Page 3 of 33
`
`
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`
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`Claimed Features
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`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
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`30:28-34
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`30:14-20
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`26:19-24
`
`
`
`30:28-34 “The system parses the URL
`2100 to determine the content generation
`
`
`
`Appendix A - Page 4 of 33
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`procedure 2140 to execute, any
`corresponding input parameters to be used
`by such procedure, any dynamic content
`processing 2150 to be performed by
`dynamic media procedures, any user profile
`information 2160 to be used to modify the
`resulting image, and any cache control
`HTTP headers 2190 the site instructs to
`accompany the resulting image.”
`
`31:19-21 “The resulting image after any
`dynamic media processing is complete, is
`checked to ensure that the image is in a
`valid Web image format. If not, the image
`is automatically converted into a valid
`format.”
`
`26:24 “The claimed method allows the
`creation of all 100 combinations
`automatically.”
`
`
`
`
`
`
`
`
`
`
`
`
`31:19-21
`
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`
`26:23
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`
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`Appendix A - Page 5 of 33
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`31:5-7
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`26:10
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`27:4-6
`
`
`
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`
`22:34
`
`
`
`
`
`Claimed Features
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`The claimed “base transcoding profiles”
`are defined by proprietary tags, which
`indicate particular image generation
`procedures and corresponding input
`parameters to execute on original media in
`order to obtain intermediate media. Each
`cached intermediate image (generated at
`step 2260 based on content generation
`procedures and input parameters in the
`URL tags and cached for reuse at step
`2263) corresponds to the proprietary tags
`that defined its generation. A limited
`number of proprietary tags is associated
`with each original media because they are
`added by the author of the original media at
`the time of creation.
`
`
`12:26-29 “The author simply places the
`original media in the system, and adds
`proprietary tags to the URLS for accessing
`that media. The system automatically
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12:26-29
`
`
`
`
`Appendix A - Page 6 of 33
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`
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`
`12:26-29
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`
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`
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`
`
`
`
`
`
`
`10:30-33
`
`
`
`
`Claimed Features
`
`[9.1] an act of receiving a
`request for media content
`to be delivered to a client
`presentation system for
`media content, wherein
`the requested media
`content has a limited
`number of base
`transcoding profiles
`associated therewith,
`each base transcoding
`profile corresponding to a
`cached version of the
`requested media content;
`
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`processes the URL encoded tags and
`automatically produces derivative media
`for the web site from the original media.”
`
`14:22-24 “HTML with proprietary tags 300
`is the original HTML document that is
`embedded with proprietary tags which
`describe how the images are to be
`manipulated for the Web.”
`
`15:12-19 “The media caching subsystem
`620 determines if an image has been
`created for the requested proprietary tag. If
`the image has already been created and the
`files that built that image have not been
`modified, the media caching subsystem
`620 returns an HTML tag that refers to a
`previously-generated image. If the image
`has not been created, the media caching
`subsystem 620 hands the HTML tag to a
`media creation subsystem 630. The media
`creation subsystem 630 returns an image to
`
`
`
`
`
`14:22-24
`
`
`
`
`
`15:12-19
`
`
`
`
`
`
`
`
`
`
`
`
`Appendix A - Page 7 of 33
`
`
`
`
`
`14:22-24
`
`
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`
`15:9-16
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12:16-18
`
`
`
`
`
`12:37-13:6
`
`
`
`
`
`
`
`
`
`
`
`
`Claimed Features
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`the media caching subsystem 620. The
`media caching subsystem 620 adds the
`created image and the HTML tag to a
`media cache database 640.”
`
`15:21-25 “The media cache database 640
`contains references to the created images
`645. In a preferred embodiment, the
`references are the script used to create the
`image, the names of the images used to
`create the image, the dates of those files,
`and the HTML that represents the created
`image. The media caching subsystem 620
`performs lookups in this database to
`determine if the image has been created.”
`
`15:30-34 “The media creation subsystem
`630 takes a proprietary tag from the media
`caching subsystem 620 and generates an
`image. The image is generated by
`deciphering the tag and handing it to the
`media processing engine 650. After the
`
`Appendix A - Page 8 of 33
`
`
`
`
`
`
`15:21-25
`
`
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`
`
`
`
`
`15:30-34
`
`
`
`
`
`
`
`
`
`
`
`15:18-22
`
`
`
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`
`
`
`
`
`
`15:27-31
`
`
`
`
`
`
`
`
`
`
`
`13:8-12
`
`
`
`
`
`
`
`
`
`
`13:17-21
`
`
`
`
`
`
`Claimed Features
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`image is created, the media creation
`subsystem returns the name of the newly
`created image to the media caching sub
`system 620.”
`
`16:1-3 “The media processing engine 650
`interprets the proprietary tag and generates
`the image. The media processing engine
`650 looks up images in a media repository
`to obtain the location of the original file.”
`
`16:27-31 “FIG. 8 is a flow chart showing
`an authoring process according to a
`preferred embodiment of the invention. The
`process starts (800) when a user adds an
`original graphic to the system (810). The
`user then creates an HTML document that
`contains proprietary media tags (820). The
`user then places the HTML document on a
`Web server (830) and ends the authoring
`process (840).”
`
`
`
`
`
`
`
`16:1-3
`
`
`
`
`
`16:27-31
`
`
`
`
`
`
`
`
`
`
`
`Appendix A - Page 9 of 33
`
`
`
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`
`
`16:1-3
`
`
`
`
`
`16:26-30
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`13:23-25
`
`
`
`
`
`14:9-13
`
`
`
`
`
`
`
`
`
`
`
`Claimed Features
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`Claimed Features
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`28:14-21 “Resource locators (URLs) are
`placed within HTML documents 301
`accessible to the Web server 110. These
`URLs direct browsers to generate requests
`for media to the system 100. The system
`processes such URLs by interpreting the
`proprietary tags, executing the indicated
`image generation procedures on the
`original media 200, and returning
`derivative Web-safe media to client
`browsers 120a-120d via the Internet 130.
`Additionally, such generated media is
`cached on the image server 100 and,
`therefore need not be regenerated for
`subsequent requests.”
`
`28:34-29:6 “Browsers 120 send such tags
`to the image system 100 as media requests.
`A server 2000 within the image system 100
`receives the media requests, decodes the
`URL tags, and retrieves any media that
`already exists in the media caching system
`
`Appendix A - Page 10 of 33
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`28:14-21
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`28:34-29:6
`
`
`
`
`
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`27:33-28:6
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`28:19-25
`
`
`
`
`
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`24:14-21
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`24:34-25:2
`
`
`
`
`
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`2010. Non-existent media is subsequently
`generated by a media creation system 2020
`using original media 2050 stored in a
`media repository 2040 and using content
`generation procedures 2030.”
`
`29:12-16 “The system receives a request
`for media through a URL containing
`proprietary tags for controlling image
`generation. The system parses this URL to
`determine the content generation procedure
`to execute, input to the content generation
`procedure, post-processing directives for,
`for example, zoom/pan/slice, browser
`properties, and any cache control
`directives.”
`
`29:23-25 “The media caching subsystem is
`a mechanism for associating final or
`intermediate derivative media with the
`procedure, input, and user characteristics
`used to generate said media, specified
`
`
`
`
`
`
`
`29:12-16
`
`
`
`
`
`
`
`
`
`
`29:23-25
`
`
`
`
`
`Appendix A - Page 11 of 33
`
`
`
`
`
`
`
`28:31-35
`
`
`
`
`
`
`
`
`
`
`29:8-10
`
`
`
`
`
`
`
`
`
`
`
`25:8-12
`
`
`
`
`
`
`
`
`
`
`25:18-20
`
`
`
`
`
`Claimed Features
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`through proprietary tags within the
`requested URL.”
`
`30:26-34 “The browser 120 requests the
`Web page 301 from the Web site 110.
`Upon receipt of the page 301, the browser
`contacts the system 100 requesting media
`specified in the URL. The system parses
`the URL 2100 to determine the content
`generation procedure 2140 to execute, any
`corresponding input parameters to be used
`by such procedure, any dynamic content
`processing 2150 to be performed by
`dynamic media procedures, any user profile
`information 2160 to be used to modify the
`resulting image, and any cache control
`HTTP headers 2190 the site instructs to
`accompany the resulting image.”
`
`31:1-9 “The parser generates a unique
`primary lookup key 2110 for the specified
`resulting media. If the key corresponds to
`
`
`
`
`30:26-34
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`31:1-9
`
`
`
`Appendix A - Page 12 of 33
`
`
`
`
`30:12-20
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`30:22-29
`
`
`
`
`
`
`26:17-25
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`26:26-33
`
`
`
`Claimed Features
`
`
`
`
`
`Case IPR2023-00330
`U.S. Patent No. 8,495,242
`Support for Claimed Features:
`
`U.S. Appl.
`12/713,637,
`EX1002, 2-64
`
`U.S. Appl.
`12/173,747,
`EX1026,
`2-64
`
`U.S. Appl.
`11/269,916,
`EX1010,
`4-67
`
`U.S. Appl.
`09/929,904,
`EX1035,
`6-63
`
`an existing generated media 2180, such
`media is returned immediately to the
`browser 120 through a media cache 2120,
`and the transaction is complete. In the case
`of media generation requiring dynamic
`content
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