Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 1 of 10 PageID #: 12323
`Case 5:19-cv-00036—RWS Document 348-7 Filed 06/18/20 Page 1 of 10 PageID #: 12323
`
`EXHIBIT 24
`
`EXHIBIT 24
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`

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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 2 of 10 PageID #: 12324
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`Invalidity of U.S. Patent No. 10,084,991
`by
`U.S. Patent Application Publication No. 2003/0041333 to Allen (“Allen”)
`
`
`The excerpts cited herein are exemplary. For any claim limitation, Defendant may rely on excerpts cited for any other limitation
`and/or additional excerpts not set forth fully herein to the extent necessary to provide a more comprehensive explanation for a
`reference’s disclosure of a limitation. Where an excerpt refers to or discusses a figure or figure items, that figure and any additional
`descriptions of that figure should be understood to be incorporated by reference as if set forth fully therein.
`
`Except where specifically noted otherwise, this chart applies the apparent constructions of claim terms as used by Plaintiff in its
`infringement contentions; such use, however, does not imply that Defendant adopts or agrees with Plaintiff’s constructions in any
`way.
`
`U.S. Patent No. 10,084,991 (“the ’991 Patent”) claims priority to Japanese Application No. 2008-246232, filed September 25, 2008.
`For purposes of these invalidity contentions, Defendant applies the Sep. 25, 2008, priority date for the ’991 Patent. However,
`Defendant reserves the right to contest Plaintiff’s reliance on the Sep. 25, 2008, priority date, should the priority date become an issue
`in this proceeding.
`
`U.S. Patent Application Publication No. 2003/0041333 to Allen, et al. (“Allen”) published on February 27, 2003. Allen qualifies as
`prior art with regard to the ’991 Patent under 35 U.S.C. §§ 102(a) and (b) (pre-AIA).
`
`U.S. Patent Application Publication No. 2007/0139514 to Marley (“Marley”) published on June 21, 2007. Marley qualifies as prior art
`with regard to the ’991 Patent under 35 U.S.C. §§ 102(b) (pre-AIA).
`
`U.S. Patent No. 7,565,680 to Asmussen (“Asmussen”) was filed on June 30, 2000. Asmussen qualifies as prior art with regard to the
`’991 Patent at least under 35 U.S.C. § 102(e) (pre-AIA).
`
`U.S. Patent No. 7,548,255 to Bear, et al. (“Bear”) was filed on September 30, 2003. Bear therefore qualifies as prior art with regard to
`the ’991 Patent at least under 35 U.S.C. § 102(e) (pre-AIA).
`
`U.S. Patent No. 7,046,268 to Saburi (“Saburi”) published on May 16, 2006. Saburi qualifies as prior art with regard to the ’991 Patent
`at least under 35 U.S.C. §§ 102(a) and (b) (pre-AIA).
`
`
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`
`1
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 3 of 10 PageID #: 12325
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`When the call is over, the system may be configured such that the user may hang
`up by pressing the camera button, which will terminate the call and turn off the
`camera indicator light.
`
`
`Bear at 6:50-53; see also id. at 12:23-25.
`
`Bear further teaches that when the camera indicator light is off or unlit, the camera is off.
`
`
`Claim 2
`2. The communication
`apparatus according to claim
`1,
`wherein after the videophone
`call is finished, the processor
`restarts the displaying of the
`first digital information.
`
`
`
`Allen discloses wherein after the videophone call is finished, the processor restarts the displaying of
`the first digital information.
`
`
`Accordingly, what is needed is a system and method for automatically
`answering and recording video calls in which the caller is identified when an
`incoming call is detected. What is also needed is a system and method for
`automatically answering and recording video calls in which a user may
`interrupt the recording of a video message to answer a call. What is also needed
`is a system and method for automatically answering and recording video calls
`in which a television program or other broadcast entertainment program is
`
`79
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`Because the state of the capture button 308 may not be readily apparent to a
`user, a camera indicator light 306 such as an LED may be used in conjunction
`with the capture button 308. The camera indicator light 306 may be adjacent
`the camera lens 304 or integrated into the capture button 308. The camera
`indicator light 306 may indicate state via various colors and flash patterns, e.g.,
`steady state unlit when the camera is off, steady state red when video capture is
`taking place, a slowly blinking red indicator light when there is an incoming
`video call, or steady state green when the camera is used for proximity
`detection. Note that although video-capable applications can set this indicator
`to a particular color such as red when recording, the firmware may additionally
`ensure the indicator is set to red if the camera is actively streaming video.
`
`
`Bear at 7:46-60.
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 4 of 10 PageID #: 12326
`Defendant’s Invalidity Contentions
`Exhibit E6
`
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`automatically buffered to allow a user to subsequently view the program in its
`entirety.
`
`
`Allen at ¶ [0008].
`
`
`In certain embodiments, if the user accepts the request (or later interrupts the
`recording of a video message to communicate with the caller), the ITV system
`begins to buffer a television signal being currently displayed. When the video
`communication is terminated, the ITV system plays back the television program
`being buffered from the point in time at which the communication commenced.
`
`
`Allen at ¶ [0027].
`
`
`Later, when the communication is terminated, the television signal 404 being
`buffered may be played back from the point in time at which the communication
`commenced. Buffering may continue during playback, effectively time-shifting
`the television signal 404 for the period of the communication. As a result, the
`user 402 may provide complete attention to the caller 406 without missing
`significant portions of a television broadcast.
`
`
`Allen at ¶ [0084].
`
`
`Upon termination of the two-way video communication channel 602, a playback
`component 914 may begin to play back the buffered television signal 404 from
`the point in time at which communication commenced. The playback component
`914 retrieves the buffered television signal 404 from the storage device 310 and
`displays the signal 404 on the television 104.
`
`
`Allen at ¶ [0096].
`
`
`A determination 1108 is then made whether the user accepts or rejects the
`request 408. If the user accepts, in certain embodiments, a television signal 404
`currently being viewed is buffered 1110 to a storage device 310. Thereafter,
`
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 5 of 10 PageID #: 12327
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`two-way video communication is established 1112 between the user 402 and
`the caller 406. Next, a determination 1114 is made whether the communication
`has been terminated. If so, the television signal 404 being buffered is played
`back 1116 from a point in time at which the request 408 was accepted 1108. If
`not, the method returns to step 1114 to await the termination of the
`communication.
`
`
`Allen at ¶ [0101].
`
`
`
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 6 of 10 PageID #: 12328
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`Claim 3
`
`
`
`Allen at Fig. 11.
`
`
`82
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 7 of 10 PageID #: 12329
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`Allen discloses a microphone configured to generate audio information which is included in the
`third digital information. See supra, Claims 1(c), 1(g).
`
`Additionally or alternatively, Allen in view of any of Asmussen, Saburi, and Bear renders this
`limitation obvious. See supra, Claims 1(c), 1(g).
`
`Allen discloses when the processor receives the inbound videophone call notice while displaying
`the first digital information on the display, the processor switches a function of processing video
`information of the first digital information to a function of processing video information of the
`second digital information of the videophone call. See supra, Claim 1(f). Allen further teaches the
`processor switching to a function of decoding video information of the second digital information
`of the videophone call, e.g., displaying video signals from a calling party.
`
`
`Thus, in one embodiment, the user 402 may establish two-way video
`communication with the caller 406 at any time by activating a suitable control,
`such as button on the remote control 106. Alternatively, user may activate a
`"soft button" displayed on the television 104, such as a "pick-up" button 510.
` As shown in FIG. 6, activating the pick-up button 510 may allow the user to
`immediately establish a two-way video communication channel 602 between the
`STBs 102a, 102b as though the user 402 had initially accepted the request 408.
`In one implementation, a "dismiss" button 512 closes the window 504, allowing
`the user to resume watching the television broadcast.
`
`
`Allen at ¶ [0080]-[0081].
`
`
`A determination 1108 is then made whether the user accepts or rejects the
`request 408. If the user accepts, in certain embodiments, a television signal 404
`currently being viewed is buffered 1110 to a storage device 310. Thereafter,
`two-way video communication is established 1112 between the user 402 and
`the caller 406. Next, a determination 1114 is made whether the communication
`
`83
`
`3. The communication
`apparatus according to claim
`2,
`further comprising a
`microphone configured to
`generate audio information
`which is included in the third
`digital information.
`Claim 4
`4. The communication
`apparatus according to claim
`3,
`wherein when the processor
`receives the inbound
`videophone call notice while
`displaying the first digital
`information on the display, the
`processor switches a function
`of processing video
`information of the first digital
`information to a function of
`processing video information
`of the second digital
`information of the videophone
`call.
`
`
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`

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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 8 of 10 PageID #: 12330
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`has been terminated. If so, the television signal 404 being buffered is played
`back 1116 from a point in time at which the request 408 was accepted 1108. If
`not, the method returns to step 1114 to await the termination of the
`communication.
`
`
`Allen at ¶ [0101].
`
`
`The STE 102 also preferably includes a codec (encoder/decoder) 304, which
`serves to encode audio/video signals into a network-compatible data stream for
`transmission over the network 101. The codec 304 also serves to decode a
`network-compatible data stream received from the network 101. The codec 304
`may be implemented in hardware and/or software. Moreover, the codec 304
`may use various algorithms, such as MPEG or Voice over IP (VoIP), for
`encoding and decoding.
`
`
`Allen at ¶ [0058].
`
`
`In one embodiment, an audio/video (AN) controller 308 is provided for
`converting digital audio/video signals into analog signals for playback/display
`on the television 104. The AV controller 308 may be implemented using one or
`more physical devices, such as separate graphics and sound controllers. The
`AN controller 308 may include graphics hardware for performing bit-block
`transfers (bitblits) and other graphical operations for displaying a graphical
`user interface (GUI) on the television 104.
`
`
`Allen at ¶ [0060].
`
`
`
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 9 of 10 PageID #: 12331
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`
`
`Allen at Fig. 6.
`
`85
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`Case 5:19-cv-00036-RWS Document 348-7 Filed 06/18/20 Page 10 of 10 PageID #: 12332
`Defendant’s Invalidity Contentions
`Exhibit E6
`
`
`
`Alternatively, Allen in view of any of Asmussen, Saburi, and Bear renders this limitation obvious.
`See supra, Claim 1(f).
`
`Claim 5
`5. The communication
`apparatus according to claim
`4,
`wherein when the processor
`receives an input for making
`an outbound videophone call
`to the another communication
`apparatus, the processor
`renders the camera and
`microphone operative and
`displays information indicating
`the outbound videophone call
`on the display
`calling message.
`
`
`
`Allen discloses wherein when the processor receives an input for making an outbound videophone
`call to the another communication apparatus, the processor renders the camera and microphone
`operative and displays information indicating the outbound videophone call on the display.
`
`
`A user of a second STE 102b, hereinafter referred to as a caller 406, may then
`attempt to establish two-way video communication with the user 402 of the first
`STE 102a. Of course, the caller 406 may use other types of video
`communication devices, such as a personal computer (PC), a personal digital
`assistant (PDA), a dedicated videophone, or the like.
`In one embodiment, the second STE 102b (or other remote device) sends a video
`communication request 408 to the first STE 102a. As previously noted, the
`request 408 may be embodied in various forms, depending on the hardware
`and software being used.
`
`
`Allen at ¶ [0067]-[0068].
`
`
`As illustrated in FIG. 5, the request 408 includes or is accompanied by an
`audio/video signal 503 generated by the microphone 242 and camera 246
`associated with the caller's STE 102b. After the video greeting 502 is sent, the
`STE 102a may begin to record a video message including the audio/video signal
`503. In one implementation, the audio/video signal 503 is encoded using a
`standard method, such as MPEG, and stored within the storage device 310.
`Recording may continue until the caller 406 terminates the communication.
`
`
`Allen at ¶ [0075].
`
`
` As shown in FIG. 6, activating the pick-up button 510 may allow the user to
`immediately establish a two-way video communication channel 602 between the
`STBs 102a, 102b as though the user 402 had initially accepted the request 408.
`
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`