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`Case 6:21-cv-00569-ADA Document 207-11 Filed 04/20/23 Page 1 of 89
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`EXHIBIT 20
`EXHIBIT 20
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`Case 6:21-cv-00569-ADA Document 207-11 Filed 04/20/23 Page 2 of 89
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`U.S. PATENT NO. 8,356,251
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`The Twonky System (“The Twonky System”) was described in a printed publication, or in public use, on sale, sold, known in this
`country, or otherwise available to the public before the priority date of U.S. Patent No. 8,356,251 (“the ’251 Patent”). Features of the
`Twonky System would have been apparent to a person of ordinary skill in the art (“POSITA”) using the public system, rendering the
`system itself 35 U.S.C. §§ 102(a), (b) and (g) prior art.
`
`The asserted claims of the ’251 patent are anticipated and/or obvious in view of The Twonky System, either alone or combination with
`the knowledge of a person of ordinary skill in the art (“POSITA”), or in combination with one or more other references disclosed in
`Google’s Invalidity Contentions, including the other charted references.
`
`To avoid duplication and cumulative excerpts, exemplary quotations and citations are provided. The citations to portions of any
`reference in this chart are exemplary only. Google reserves the right to use the entirety of any reference cited in this chart to show that
`the asserted claims are anticipated and/or obvious, or to show the state of the art at the relevant time. References to figures should be
`understood to also refer to any accompanying text. Additional support can be found elsewhere in the prior art reference and Google
`expressly reserves the right to rely on such other support and passages at a later time. The use of claim terms in the below chart is based
`on Touchstream’s construction of claim terms in its infringement contentions as understood by Google, as well as the plain and ordinary
`meaning of the claim terms. This chart should not be construed as consenting to or agreeing with Touchstream’s construction of claim
`terms. Because discovery is ongoing and the Court has not completed the claim construction process, Google reserves all rights to
`amend its invalidity contentions based on new information produced in discovery or on the Court’s constructions.
`
`Google expressly reserves the right to supplement its invalidity contentions, including this chart, to demonstrate that the prior art
`invalidates the claims of the ’251 patent. To the extent applicable, Google may also rely on Twonky System source code, both server-
`side code and device-side code, including any written source code, source code in production, and released source code.
`
`At least the following documents describe the functionality of the Twonky System:
`
`[1] U.S. Patent No. 8,544,046, filed October 9, 2008
`
`[2] TwonkyManager – Features (dated June 13, 2010), archived at
`https://web.archive.org/web/20100613103807/http://twonky.com/products/twonkymanager/features.aspx
`
`[3] TwonkyManager – Compatibility (dated June 13, 2020), archived at
`https://web.archive.org/web/20100613103725/http://www.twonky.com/products/twonkymanager/compatibility.aspx
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`[4] Twonky Support Devices (dated November 20, 2010), archived at
`https://web.archive.org/web/20101120022331/http://twonky.com/compatibledevices.html
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`[5] “TwonkyManager 2.0 and TwonkyServer 6.0 Released” (dated June 14, 2010), archived at
`https://web.archive.org/web/20100614000127/http://www.wegotserved.com/2010/06/07/twonkymanager-2-0-and-twonkyserver-6-0-
`released/
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`[6] PCWorld, “Downloads – Design & Multimedia – TwonkMedia Manager” (dated April 6, 2010), archived at
`https://web.archive.org/web/20100406050630/http://www.pcworld.com/downloads/file/fid,77031-order,3/description.html
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`[7] WO 2011/078879, filed November 29, 2010, claiming priority to December 2, 2009. See Ex. L, incorporated herein by reference.
`
`[8] WO 2010/151284, filed June 26, 2009 and published December 29, 2010.
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`[9] YouTube – PacketVideo, available at https://www.youtube.com/user/PacketVideo/videos.
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`U.S. Patent No. 8,356,251
`1(pre) A machine
`implemented method of
`controlling presentation of
`video content on a display
`device that loads any one of a
`plurality of different media
`player players, the method
`comprising:
`
`The Twonky System
`To the extent that the preamble is held to be limiting, The Twonky System discloses or suggests
`“[a] machine implemented method of controlling presentation of video content on a display device
`that loads any one of a plurality of different media player players.” See, e.g.,
`
`See, e.g., [1] at 7:43-57: The present invention generally relates to a system and a method for
`controlling media rendering in a network using a mobile device. More specifically, the present
`invention relates to a system and a method for managing, controlling and/or rendering media in a
`home network using remote access and/or a remote user interface. The system and the method
`enable a user to control media rendering from multiple storage devices and/or multiple servers in
`the network using a mobile device. The system and the method enable a user to control media
`rendering on multiple rendering devices connected to the home network using the mobile device.
`The system and the method for controlling media rendering in a network may use a mobile device
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`The Twonky System
`as a control point in the network without the need for specialized software to be installed on the
`mobile device.
`
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`See, e.g., [1] at 8:5-31: FIG. 1 generally illustrates a typical configuration for a multimedia-capable
`home network. The home network may include a network 1 which may be connected to a first
`media server 2, a second media server 3, a UPnP AV Control Point 9 (hereinafter “control point
`9”), a first media rendering device 5, a second media rendering device 6 and/or a router 7…. A
`user of the control point 9 may browse the multimedia content files available on the first media
`server 2 and/or the second media server 3, may select and/or may arrange the multimedia content
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`The Twonky System
`files for rendering, and/or may initiate and/or may control rendering of selected multimedia content
`files on the first media rendering device 5 and/or the second media rendering device 6.
`
`
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`See, e.g., [1] at 8:46-9:24: FIG. 2 generally illustrates communication paths used by a standard
`UPnP AV Control Point 10 (hereinafter “control point 10”) to control media streamed from a
`media server 11 to a media rendering device 12. … Under the control of a control point user 13,
`the control point 10 may browse the media server 11 to determine available multimedia content.
`The control point user 13 may select multimedia content files to be rendered. … When the media
`rendering device 12 is rendering the multimedia content file, … the control point 10 may, under
`control of the control point user 13, exercise additional controls over the device queue 14, such as,
`for example, advance to the next multimedia content file in the device queue 14 and/or advance to
`the previous multimedia content file in the device queue 14.
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`U.S. Patent No. 8,356,251
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`The Twonky System
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`See, e.g., [1] at 9:25-45: FIG. 3 generally illustrates operation of a Rudeo Play & Control system
`49. A PC server application 51 may be hosted on a Windows PC 60 (registered trademark of
`Microsoft Corporation). A Rudeo Play & Control mobile control point 50 (hereinafter “mobile
`control point 50”) may function as a standard UPnP AV Control Point if the PC server application
`51 is not present and/or if a control point user 52 chooses to not utilize the PC server application
`51. When functioning as a standard UPnP control point, the mobile control point 50 may manage a
`device queue 14 internally, similar to the device queue 14 managed by the standard UPnP AV
`Control Point 10 shown in FIG. 2.
`If the PC server application 51 is present, the mobile control point 50 may utilize a combination of
`standard UPnP AV protocols and proprietary protocols. For example, the mobile control point 50
`may use a standard UPnP AV protocol to directly browse a media server 54 for content and/or to
`directly control a media rendering device 55 for non-queue related tasks, and may use a proprietary
`protocol to create, manage and/or control the device queue 53 hosted by the proprietary PC server
`application 51.
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`Case 6:21-cv-00569-ADA Document 207-11 Filed 04/20/23 Page 7 of 89
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`U.S. Patent No. 8,356,251
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`The Twonky System
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`See, e.g., [1] at 9:50-56: FIG. 4 generally illustrates a system 90 for controlling media rendering in
`a network using a mobile device …. The system 90 may have a control element 100 which may
`allow a first user 91, a second user 92 and/or a third user 93 to access, manage, organize and/or
`consume multimedia content files which are distributed throughout the network.
`
`See, e.g., [1] at 10:40-53: Each of the media rendering devices 121, 122, 123 may be, for example,
`a DLNA-compliant television; a DLNA-compliant set-top box connected to a television which
`may or may not be DLNA-compliant; a DLNA-compliant Stereo System; a DLNA-compliant
`audio adapter device connected to a stereo which may or may not be DLNA-compliant; a PC
`which may have media player software which may have DLNA-compliant rendering capability; a
`portable computing device, such as, for example, a mobile telephone or a Personal Digital
`Assistant (“PDA”) which may have DLNA-compliant rendering capability; a DLNA-compliant
`photo display frame; and/or a video game console which may have UPnP technology. The present
`invention is not limited to a specific embodiment of the media rendering devices 121, 122, 123.
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`The Twonky System
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`See, e.g., [2]:
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`See, e.g., [8] at 1:6-14: The present invention generally relates to a system and a method for
`managing and/or rendering internet multimedia content in a network. More specifically, the present
`invention relates to a system and a method that utilize an application to render the internet
`multimedia content and locally stored multimedia content on one or more rendering devices in the
`network. The application may provide web browser functions, such as, for example, requesting,
`receiving, processing, decoding and/or rendering the internet multimedia content.
`
`See, e.g., [8] at 1:17-28: Typically, the internet content may be a combination of webpage
`formatting, such as, for example, HTML, xHTML; text; graphics; active content and/or
`applications, such as, for example, Flash (trademark of Adobe System, Inc.) and/or JavaScript
`(trademark of Sun Microsystems, Inc.); and/or multimedia content. The multimedia content may be
`audio content, video content, image content and/or the like. The audio content may be audio files,
`audio podcasts, audio streams, internet radio channels, ringtones, midi files and/or the like. The
`video content may be video files, video podcasts, video streams, video channels and/or the like.
`The image content may be digital photographs, bitmap images, vector graphics images and/or the
`like.
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`The Twonky System
`See, e.g., [8] at 1:29-2:10: Typically, the web browser may be an application provided by a
`computing device, such as, for example, a desktop computer, a laptop computer and/or a mobile
`device, such as a PDA and/or a mobile telephone. The web browser may access content sources
`using the internet as generally illustrated in Figure 1. The internet content may be retrieved from
`the content sources using delivery protocols, such as, for example, Hypertext Transfer Protocol
`("HTTP") and/or Real Time Streaming Protocol ("RTSP") . The web browser may accept input
`from the user to search for and/or select content of interest to the user. The web browser may
`retrieve the content of interest and may present the content of interest to the user for consumption.
`Presentation of the content of interest may require one or more associated helper applications, such
`as, for example, a multimedia player and/or a scripting engine.
`
`See, e.g., [8] at 2:19-28: The video content may be displayed in an embedded video player which
`may render the video content in the webpage with associated webpage content and/or the
`formatting. Alternatively, the video content may be displayed in a separate video player which may
`appear on a separate webpage or in a separate window dedicated to the video player. Similarly, the
`image content may be displayed as embedded in the webpage or may be shown in a separate image
`viewer window. The audio content may be played by speakers and/or sent to an "audio out" port on
`■ the computing device.
`
`See, e.g., [8] at 3:1-8: The web browser UI may display and/or may render the internet content for
`the user. The web browser may use one or more multimedia players to process and render the
`multimedia content. The multimedia player may access the multimedia content using the web
`browser, as shown in Figure 2, or the multimedia player may access the multimedia content using
`the internet without the multimedia content passing through the web browser.
`
`See, e.g., [8] at 3:16-29: The emergence of multimedia home networking technologies allows users
`to enjoy digital multimedia content on a variety of networked rendering devices in the home. The
`Universal Plug and Play (UPnP) Audio and Video (AV) standard defines a popular protocol by
`which media servers and media rendering devices may be connected, controlled and used to
`process and play multimedia content. The Digital Living Network Alliance (DLNA) specification
`provides additional details and conformance points to ensure UPnP AV-based home networking
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`The Twonky System
`products correctly communicate with each other. Products based on the UPnP AV standard and/or
`the DLNA specification allow the user to access, control and render digital multimedia content
`files, such as, for example, audio files, video files, digital photographs and the like, within a
`multimedia-enabled home network.
`
`See, e.g., [8] at 4:12-23: The home network may have various media rendering devices, such as,
`for example, networked stereos, televisions, personal computers, digital photo frames and other
`devices which have multimedia content rendering capabilities. The home network may also have
`control points which may be used to control the servers and the rendering devices so that the user
`may discover and/or may select from the digital multimedia content files and/or may control a
`rendering experience. Thus, existing multimedia home networking technologies may enable
`selection, delivery and/or rendering of the digital multimedia content files which reside on the
`media servers in the home network.
`
`See, e.g., [8] at 6:24-7:10: The bridge devices do not provide web browser functionality and,
`therefore, are not capable of providing access to the complete collection of multimedia content
`available on the internet. The bridge devices are designed to accommodate a specific subset of
`internet multimedia content, often from one or a few content sites. Restriction of the use of the
`bridge device to a few content sites enables the bridge device to be inexpensive and to have a
`relatively simple user interface. An example of a bridge device is a "Netflix Ready" device
`(trademark of Netflix, Inc.), such as the "Roku Digital Video Player" that allows the user to access
`Netflix "instant watch" videos from the internet and display them on a television. The "Netflix
`Ready" device must have an internet connection, and the user must have a valid Netflix
`subscription. However, the "Netflix Ready" device cannot browse internet multimedia content
`other than the Netflix "instant watch" videos. The "Netflix Ready" device also must be connected
`to the television using wired audio and video cables, and the "Netflix Ready" device cannot
`connect wirelessly to the television and cannot connect to a DLNA television using the home
`network.
`
`See, e.g., [8] at 7:11-19: Another example of bridge devices are some cable set-top boxes and
`digital video recorders (DVRs) that provide access to "YouTube" internet content (trademark of
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`The Twonky System
`Google Inc.). For example, TiVo' s HD DVR is an example of a bridge device which supports
`"YouTube" internet content. These bridge devices allow a subset of YouTube' s internet video
`content to be viewed directly on a television using wired audio and video cables. The set-top box
`or DVR must have an internet connection, and a monthly subscription fee may be required.
`
`See, e.g., [8] at 8:2-15: The present invention generally relates to a system and a method for
`managing and/or rendering internet multimedia content in a network. More specifically, the present
`invention relates to a system and a method that utilize an application to render the internet
`multimedia content and/or locally stored multimedia content on one or more rendering devices in
`the network. The application may provide web browser functions, such as, for example, requesting,
`receiving, processing, decoding and/or rendering the internet multimedia content. The application
`may have an enhanced user interface- which may enable a user to select the internet multimedia
`content and a rendering device in the home network, send the internet multimedia content to the
`rendering device and/or control rendering of the internet multimedia content on the rendering
`device.
`
`See, e.g., [8] at 8:16-28: To this end, in an embodiment of the present invention, a method for
`rendering internet multimedia content in a network connected to the internet is provided. A
`rendering device is connected to the network. The method has the steps of retrieving the internet
`multimedia content from the internet using the network wherein the internet multimedia content is
`retrieved from the internet based on user input accepted by a user interface provided by a device
`connected to the network and further wherein the user interface displays a webpage; transmitting
`the internet multimedia content to the rendering device; and rendering the internet multimedia
`content on the rendering device wherein rendering by the rendering device is controlled by the
`device that provides the user interface
`
`See, e.g., [8] at 8:29-9:6: In an embodiment, the method has the step of processing the internet
`multimedia content before transmitting the internet multimedia content to the rendering device
`wherein processing of the internet multimedia content is based on capabilities of the rendering
`device. In an embodiment, the method has the step of displaying controls based on properties of
`the internet multimedia content wherein the controls are displayed in the user interface and further
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`The Twonky System
`wherein the internet multimedia content is transmitted to the rendering device in response to
`selection of at least one of the controls.
`
`See, e.g., [8] at 9:7-12: In an embodiment, the method has the step of displaying controls based on
`capabilities of the rendering device wherein the controls are displayed in the user interface and
`further wherein the internet multimedia content is transmitted to the rendering device in response
`to selection of at least one of the controls.
`
`See, e.g., [8] at 9:25-31: In an embodiment, the method has the step of displaying a list of
`rendering devices that indicates that the rendering device and an additional rendering device are
`capable of rendering the internet multimedia content and further wherein the internet multimedia
`content is transmitted to the rendering device in response to selection of the rendering device from
`the list.
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`See, e.g., [8] at 11:4-26: In another embodiment of the present invention, a method for rendering
`internet multimedia content in a network connected to the internet is provided. A plurality of
`rendering devices are connected to the network and further wherein each of the plurality of
`rendering devices has rendering capabilities. The method has the steps of retrieving the internet
`multimedia content from the internet with a user interface provided on a device connected to the
`network wherein the internet multimedia content has properties and further wherein the user
`interface displays a webpage; identifying at least one rendering device of the plurality of rendering
`devices wherein the rendering capabilities of the at least one rendering device correspond to the
`properties of the internet multimedia content; displaying a first set of controls in the user interface
`wherein each of the at least one rendering device is associated with one of the first set of controls;
`accepting user input that identifies a selected control of the first set of controls wherein the user
`input determines a target rendering device and further wherein the target rendering device is one of
`the at least one rendering device which is associated with the selected control; transmitting the
`internet multimedia content to the target rendering device; and rendering the internet multimedia
`content on the target rendering device.
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`The Twonky System
`See, e.g., [8] at 18:16-19:5: The application 15 may use the network 20 and/or the internet 25 to
`access one or more internet content sources, such as, for example, a web server, a multimedia
`server and/or any source of internet multimedia content. For example, the internet content sources
`may provide the internet multimedia content to the application 15 using well-known internet
`delivery protocols, such as, for example, Hypertext Transfer Protocol ("HTTP"), Real Time
`Streaming Protocol ("RTSP"), Transmission Control Protocol ("TCP"), User Datagram Protocol
`("UDP") and/or Real-time Transport Protocol ("RTP") . For example, the application 15 may
`access a first internet content source 31, a second internet content source 32 and/or a third internet
`content source 33 (collectively "the internet content sources 31, 32, 33"). The application 15 may
`use the network 20 to access one or more local content sources, such as, for example, a personal
`computer; a laptop computer; a Network Attached Storage ("NAS") device which may have server
`capability; a Digital Video Recorder which may have server capability; a portable computing
`device which may have server capability, such as a mobile telephone or a personal digital assistant;
`and/or a media capture device, such as a digital still camera or a camcorder, which may have server
`capability.
`
`See, e.g., [8] at 19:13-28: The application 15 may be connected to one or more rendering devices
`by the network 20. The rendering devices may be capable of receiving multimedia content using
`the network 20 and/or rendering the multimedia content for a user 40. The rendering devices may
`be, for example, a DLNA-compliant television, a DLNA-compliant set-top box connected to a
`television which may or may not be DLNA-compliant, a DLNA- compliant stereo system, a
`DLNA-compliant audio adapter device connected to a stereo system which may or may not be
`DLNA- compliant, a DLNA-compliant photo frame, a personal computer, a laptop computer, a
`mobile device, a mobile telephone, a personal digital assistant, a video game console, a UPnP AV
`rendering device and/or the like. For example, a first rendering device 21, a second rendering
`device 22 and/or a third rendering device 23 (collectively "the rendering devices 21, 22, 23") may
`be connected to the application 15 by the network 20.
`
`See, e.g., [8] at 20:7-13: The application 15 may reside on a device connected to the network 20,
`such as, for example, a personal computer, a laptop computer, a mobile device, a dedicated stand-
`alone device, a network-capable television, a network-capable set-top box, a network-capable
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`The Twonky System
`stereo system that may have a user interface screen, a network-capable audio adapter device that
`may have a user interface screen and/or the like.
`
`See, e.g., [8] at 20:18-30: The user 40 may access the application 15 for web browsing tasks using
`a user interface. Thus, the user 40 may use the user interface of the application 15 to search for the
`internet multimedia content, to retrieve and display webpages, to navigate within the webpages, to
`select links within the webpages, to retrieve and/or play the internet multimedia content which may
`be accessible from the webpages, and/or other common web browser tasks and functionalities
`which are known to one having ordinary skill in the art. If the application 15 renders the internet
`multimedia content within the user interface of the application 15, the internet multimedia content
`may be rendered within a webpage, or the internet multimedia content may be rendered in a
`separate multimedia player window.
`
`See, e.g., [8] at 20:31-21:16: The application 15 may display playback controls to allow the user 40
`to control rendering of the internet multimedia content. For example, the playback controls may
`enable the user 40 to play, pause, seek forward, seek backward, replay from the beginning and/or
`the like. The playback controls may enable the application 15 to support rendering and/or control
`of internet multimedia content similar to a typical web browser. The application 15 may identify
`the internet multimedia content which the user 40 may be accessing and/or may be consuming
`using the user interface of the application 15. The application 15 may present enhanced multimedia
`options for the internet multimedia content. The enhanced multimedia options may enable the user
`to distribute the internet multimedia content to one or more of the rendering devices 21, 22, 23 in
`the network 20. The enhanced multimedia options may enable the user 40 to view which of the
`rendering devices 21, 22, 23 may be available and/or to select an available rendering device from
`the rendering devices 21, 22, 23 to transfer the internet multimedia content to the selected
`rendering device.
`
`See, e.g., [8] at 26:28-27:2: The enhanced multimedia options may be, for example, "Redirect,"
`"Bookmark," "Record," "Properties" and/or "Manage" as described in further detail hereafter. In
`response to selection of the enhanced multimedia option "Redirect," the application 15 may direct
`one or more of the available rendering devices to render the active multimedia object. For example,
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`U.S. Patent No. 8,356,251
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`The Twonky System
`the application 15 may control delivery of the active multimedia object to one or more of the
`rendering devices 21, 22, 23.
`
`See, e.g., [8] at 27:16-28:1: The application 15 may present a plurality of "Redirect" options so that
`each of the plurality of "Redirect" options may correspond to one or more of the available
`rendering devices in the network 20, such as, for example, one or more of the rendering devices 21,
`22, 23. The application 15 may determine which of the available rendering devices may be capable
`of rendering the active multimedia object, and/or the plurality of "Redirect" options may
`correspond to the available rendering devices which may be capable of rendering the active
`multimedia object. User input may define a selected "Redirect" option of the plurality of
`"Redirect" options, and the rendering device associated with the selected "Redirect" option may
`initiate rendering of the active multimedia object. In response to selection of one of the plurality of
`"Redirect" options, the application 15 may initiate repurposing and/or transmitting the active
`multimedia object to the rendering device associated with the selected "Redirect" option, and/or the
`rendering device associated with the selected "Redirect" option may begin rendering the active
`multimedia object.
`
`See, e.g., [8] at 32:5-18: Figure 6 generally illustrates the browser user interface 50 having the
`enhanced multimedia controls 200 for an active image object 150 in an embodiment of the present
`invention. The browser user interface 50 of the application 15 may display the browser controls
`129 and/or the internet content 125. The internet content 125 may include the active image object
`150. The active image object 150 may represent a collection of images which may be viewed
`within the browser user interface 50 of the application 15 as a sequence of images known as a
`slideshow. The user 40 may control rendering of the collection of images by using the playback
`controls 140 associated with the active image object 150. Thus, the active image object 150 may be
`viewed and/or may be controlled using the browser user interface 50 of the application 15.
`
`See, e.g., [8] at 36:11-27: If the application 15 directs a target rendering device of the available
`rendering devices in the network 20 to render the active multimedia object, the application 15 may
`enable the user 40 to control delivery and/or rendering of the active multimedia object on the target
`rendering device. For example, the target rendering device may be one or more of the rendering
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`Case 6:21-cv-00569-ADA Document 207-11 Filed 04/20/23 Page 16 of 89
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`U.S. Patent No. 8,356,251
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`The Twonky System
`devices 21, 22, 23. The application 15 may present additional playback controls which may enable
`the user 40 to remotely control the playback of the content on the target rendering device. The
`additional playback controls may have and/or may be, for example, "Play," "Pause," "Stop,"
`"Rewind," "Fast Forward," "Seek to a specific time," "Volume Up," "Volume Down," "Previous
`object," "Next object" and/or other playback controls known to one having ordinary skill in the art.
`In an embodiment, the additional playback controls may be only displayed during rendering of the
`active multimedia object on the target rendering device.
`
`See, e.g., [8] at 38:6-19: The RDC component 110 may create, may maintain and/or may update an
`internal list of the available rendering devices in the network 20. The internal list may have the
`capabilities of the available rendering devices. The capabilities of the available rendering devices
`may have and/or may be, for example, media types, such as, for example, audio, video and/or
`image; multimedia codecs, such as, for example, AAC Audio codec, H.264 video codec and/or the
`like; profiles and/or levels associated with the multimedia codecs; transport methods; and/or DRM
`technologies which may be supported by the available rendering devices. The present invention is
`not limited to a specific embodiment of the capabilities which may be determined by the RDC
`component 110. The RDC component 110 may be and/or may act as a UPnP AV Control Point
`and/or a DLNA Control Point.
`
`See, e.g., [8] at 38:20-39:5: In response to user input directing the target rendering device to render
`the active multimedia object, such as, for example, selection of the enhanced multimedia option
`"Redirect," the RDC component 110 may communicate with the target rendering device. The RDC
`component 110 may instruct the target rendering devi