Paper No. __
`Filed: October 14, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`CONVERGENT MEDIA SOLUTIONS, LLC,
`Patent Owner
`
`
`
`IPR2015-_____
`Patent No. 8,640,183
`
`
`
`DECLARATION OF JON WEISSMAN
`
`Page 1 of 87
`
`Unified Patents Exhibit 1002
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`

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`IPR2015-_____
`U.S. Patent 8,640,183
`
`TABLE OF CONTENTS
`
`I. 
`
`Introduction ...................................................................................................... 1 
`
`II. 
`
`Qualifications ................................................................................................... 3 
`
`III.  Materials Reviewed ......................................................................................... 4 
`
`IV.  Overview of the ’183 Patent and Prosecution History .................................... 4 
`
`V. 
`
`Person of Ordinary Skill in the Art ................................................................ 14 
`
`VI.  Claim Construction ........................................................................................ 14 
`
`VII.  Certain References Disclose or Suggest all of the Elements Claimed in
`the ’183 Patent. .............................................................................................. 15 
`
`A.  Ground 1: Chen in view of Elabbady renders claims 1-5, 16, 18,
`24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 obvious ...................... 15 
`
`1. 
`
`2. 
`
`Implementation of Chen’s Second Computerized Device
`Set .............................................................................................. 20 
`
`Implementation of Chen’s Discovery Protocol ........................ 22 
`
`B. 
`
`Ground 2: Meade in view of Elabbady renders claims 1, 16, 18,
`24, 32, 33, 37, 38, 41, 55, 58, 59, and 60 obvious .............................. 43 
`
`1. 
`
`2. 
`
`3. 
`
`Implementation of Meade’s Second Computerized
`Device Set ................................................................................. 46 
`
`Implementation of Meade’s Discovery Protocol ...................... 48 
`
`Implementation of Meade’s Resource Indicator ....................... 50 
`
`VIII.  Conclusion ..................................................................................................... 67 
`
`
`
`i
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`IPR2015-_____
`U.S. Patent 8,640,183
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`
`
`I.
`
`I, Jon Weissman, declare as follows:
`
`Introduction
`
`1.
`
`I have been retained by Unified Patents Inc. (“Unified” or
`
`“Petitioner”) as an independent expert consultant in this proceeding before the
`
`United States Patent and Trademark Office. Although I am being compensated at
`
`my hourly rate for the time I spend on this matter, no part of my compensation
`
`depends on the outcome of this proceeding, and I have no other interest in this
`
`proceeding.
`
`2.
`
`I understand that this proceeding involves U.S. Patent No. 8,640,183
`
`(“the ’183 patent”) (attached as Ex. 1001 to Unified’s petition). I understand the
`
`application for the ’183 patent was filed on October 26, 2012, as U.S. Patent
`
`Application No. 13/662,213 having a priority date of May 10, 2002, and the patent
`
`issued on January 28, 2014.
`
`3.
`
`I have been asked to consider whether one of ordinary skill in the art
`
`of the ’183 patent would understand that certain references disclose or suggest the
`
`features recited in the claims of the ’183 patent, or that the features would have
`
`been obvious based on the combination of the references. My opinions are set forth
`
`below. While I discuss certain prior art challenges specifically, I note that I
`
`reviewed a number of prior art references that also seemed to anticipate, disclose,
`
`and render obvious the claims of the ’183 patent.
`
`
`
`1
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`IPR2015-_____
`U.S. Patent 8,640,183
`I have been advised that a patent claim may be obvious if the
`
`4.
`
`differences between the subject matter of the claim and the prior art are such that
`
`the subject matter as a whole would have been obvious at the time the invention
`
`was made to a person having ordinary skill in the art. I have also been advised that
`
`several factual inquiries underlie a determination of obviousness. These inquiries
`
`include the scope and content of the prior art, the level of ordinary skill in the field
`
`of the invention, the differences between the claimed invention and the prior art,
`
`and any objective evidence of non-obviousness.
`
`5.
`
`I have been advised that objective evidence of non-obviousness,
`
`known as “secondary considerations of non-obviousness,” may
`
`include
`
`commercial success, satisfaction of a long-felt but unsolved need, failure of others,
`
`copying, skepticism or disbelief before the invention, and unexpected results. I am
`
`not aware of any such objective evidence of non-obviousness of the subject matter
`
`claimed in the ’183 patent at this time.
`
`6.
`
`In addition, I have been advised that the law requires a “common
`
`sense” approach of examining whether the claimed invention is obvious to a
`
`person skilled in the art. For example, I have been advised that combining familiar
`
`elements according to known methods is likely to be obvious when it does no more
`
`than yield predictable results.
`
`
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`2
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`IPR2015-_____
`U.S. Patent 8,640,183
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`II. Qualifications
`
`7.
`
`I am a Full Professor of Computer Science at the University of
`
`Minnesota, the highest academic rank at a top-tier research University. Prior to this,
`
`I worked in industry for five years in the area of distributed systems. I received a
`
`B.S. from Carnegie-Mellon, and an M.S. and Ph.D. from the University of Virginia,
`
`all in Computer Science. My curriculum vitae, which includes a more detailed
`
`explanation of my background, experience, and publications, is attached as
`
`Appendix A.
`
`8.
`
`I am a researcher and educator in the areas of networked distributed
`
`systems, file systems, and cloud computing. My research has been funded by
`
`NASA, National Science Foundation, Department of Energy, and the Air Force. I
`
`have received over 20 grants for my research, for topics related to distributed
`
`systems, communications networks, and cloud computing. I have been published
`
`over 100 times by well-regarded organizations such as the Association for
`
`Computing Machinery (ACM), the Institute of Electrical and Electronics Engineers
`
`(IEEE), and Usenix. I have been giving invited talks on a variety of topics related
`
`to my areas of expertise since 1993.
`
`9.
`
`I have served on a number of boards both as a member and as part of
`
`leadership. For example, I have served on the editorial board of journals including
`
`IEEE Transactions on Computers, IEEE Transactions on Parallel and Distributed
`
`
`
`3
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`IPR2015-_____
`U.S. Patent 8,640,183
`Systems, and Cluster Computing (published by Springer). I currently serve as the
`
`steering committee chair for the ACM International Symposium on High
`
`Performance Parallel and Distributed Systems (HPDC) since 2010, the flagship
`
`conference in networked distributed systems and high performance computing.
`
`10.
`
`I am not an attorney and offer no legal opinions, but in the course of
`
`my work, I have had experience studying and analyzing patents and patent claims
`
`from the perspective of a hypothetical person skilled in the art. I have previously
`
`served as a technical expert in both litigations and inter partes review proceedings.
`
`III. Materials Reviewed
`
`11.
`
`In forming my opinions, I reviewed, among other things, the ’183
`
`Patent, the prosecution history of the ’183 patent, and the following:
`
`Description
`Exhibit
`EX1001 U.S. Patent No. 8,640,183 B2 to Richard Reisman
`EX1003 U.S. Patent No. 8,479,238 B2 to Chen, et al. (“Chen”)
`EX1004 U.S. Patent No. 7,483,958 B1 to Elabbady, et al. (“Elabbady”)
`EX1005 U.S. Patent Application Publication No. 2003/0073412 to William
`K. Meade, II (“Meade”)
`EX1006 Merriam-Webster’s Collegiate Dictionary (10th ed. 2000)
`(definition of “unified”)
`EX1007 Excerpts of Prosecution History for U.S. Patent No. 8,640,183
`EX1009 Microsoft Computer Dictionary (5th ed. 2002) (definitions of
`“UPnP” and “URL”)
`
`
`IV. Overview of the ’183 Patent and Prosecution History
`
`12. After reviewing the ’183 patent, I note that it is directed to
`
`“navigating hypermedia using multiple coordinated input/output device sets.”
`
`
`
`4
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`IPR2015-_____
`U.S. Patent 8,640,183
`EX1001 at Abstract. A user and/or an author controls what resources are presented
`
`on which device sets (whether they are integrated or not). Id. Coordinated
`
`browsing activities enable user interfaces to be employed across multiple
`
`independent systems. Id.
`
`13.
`
`Independent claim 1 reads:
`
`1. A method for use in a second computerized device set
`which is configured for wireless communication using a
`wireless communications protocol
`that enables wireless
`communication with a first computerized device set, wherein
`the first and second computerized device sets include respective
`first and second continuous media players,
`the method
`comprising:
`making available to a user a first user interface that
`allows the user to select a continuous media content to be
`presented to the user, wherein the continuous media
`content includes a set of encoded video data;
`making available to the user a second user interface that
`allows the user to select to have the continuous media
`content presented on either one of the first computerized
`device set and the second computerized device set;
`receiving discovery information at the second
`computerized device set in accordance with a device
`management discovery protocol that is implemented at a
`communication layer above an internet protocol layer,
`and wherein the discovery information allows the second
`computerized device set to determine that the first
`computerized device set is capable of receiving the
`continuous media content and playing the continuous
`media content;
`wherein, in the event the user selects, via the
`second user interface, to have the continuous media
`content presented on the second computerized device set,
`the second media player decoding the continuous media
`content for presentation on the second computerized
`device set;
`
`
`
`5
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`IPR2015-_____
`U.S. Patent 8,640,183
`wherein, in the event the user selects, via the
`second user interface, to have the continuous media
`content presented on the first computerized device set,
`wirelessly transmitting, in accordance with a wireless
`local area network protocol, at least a resource indicator,
`wherein the resource indicator comprises at least one of a
`URL, URI, and URN, from the second computerized
`device set to the first computerized device set, wherein
`the resource indicator facilitates obtaining the continuous
`media content for presentation to the user on the first
`computerized device set; and
`wherein the continuous media content is not
`presented on the second computerized device set during
`presentation on the first computerized device set, and the
`first user interface and the second user interface together
`comprise a unified media selection and presentation user
`interface, wherein the unified media selection and
`presentation user interface presents user input controls
`for selection of the continuous media content and for
`selection of either one of the first computerized device
`set and
`the second computerized device set for
`presentation of the continuous media content
`
`14.
`
`Independent claim 58 reads:
`
`58. A method for use in a second computerized device set
`which is configured for wireless communication using a wireless
`communications protocol that enables wireless communication with a
`first computerized device set, wherein
`the first and second
`computerized device sets
`include respective first and second
`continuous media players, the method comprising:
`enabling a user to select a continuous media content to be
`presented to the user, wherein the continuous media content
`includes a set of encoded video data;
`making available to the user a user interface that allows
`the user to select to have the continuous media content
`presented on either one of the first computerized device set and
`the second computerized device set;
`second
`the
`at
`receiving discovery
`information
`computerized device set
`in accordance with a device
`
`
`
`6
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`IPR2015-_____
`U.S. Patent 8,640,183
`management discovery protocol that is implemented at a
`communication layer above an internet protocol layer, and
`wherein
`the discovery
`information allows
`the second
`computerized device set to determine that the first computerized
`device set is capable of receiving the continuous media content
`and playing the continuous media content;
`wherein, in the event the user selects, via the user
`interface, to have the continuous media content presented on the
`second computerized device set, the second media player
`decodes the continuous media content for presentation on the
`second computerized device set;
`wherein, in the event the user selects, via the user
`interface, to have the continuous media content presented on the
`first computerized device set, wirelessly transmitting, in
`accordance a wireless local area network protocol, at least a
`resource indicator, wherein the resource indicator comprises at
`least one of a URL, URI, and URN, from the second
`computerized device set to the first computerized device set,
`wherein
`the resource
`indicator facilitates obtaining
`the
`continuous media content by the first media player for
`presentation to the user on the first computerized device set;
`and
`
`wherein the continuous media content is not presented on
`the second computerized device set during presentation on the
`first computerized device set, and the first user interface and the
`second user interface together comprise a unified media
`selection and presentation user interface, wherein the unified
`media selection and presentation user interface presents user
`input controls for selection of the continuous media content and
`for selection of either one of the first computerized device set
`and the second computerized device set for presentation of the
`continuous media content.
`
`15.
`
`Independent claim 59 reads:
`
`59. A method for use in a second computerized device set
`which is configured for wireless communication using a wireless
`communications protocol that enables wireless communication with a
`first computerized device set, wherein
`the first and second
`
`
`
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`IPR2015-_____
`U.S. Patent 8,640,183
`include respective first and second
`computerized device sets
`continuous media players, the method comprising:
`making available to a user a first user interface that
`allows the user to select a continuous media content to be
`presented to the user, wherein the continuous media content
`includes a set of encoded video data;
`making available to the user a second user interface that
`allows the user to select to have the continuous media content
`presented on either one of the first computerized device set and
`the second computerized device set;
`second
`the
`at
`receiving discovery
`information
`computerized device set
`in accordance with a device
`management discovery protocol that is implemented at a
`communication layer above an internet protocol layer, and
`wherein
`the discovery
`information allows
`the second
`computerized device set to determine that the first computerized
`device set is capable of receiving the continuous media content
`and playing the continuous media content;
`wherein, in the event the user selects, via the second user
`interface, to have the continuous media content presented on the
`second computerized device set, the second media player
`decodes the continuous media content for presentation on the
`second computerized device set;
`wherein, in the event the user selects, via the second user
`interface, to have the continuous media content presented on the
`first computerized device set, wirelessly
`transmitting
`in
`accordance a wireless local area network protocol, at least a
`resource indicator, wherein the resource indicator comprises at
`least one of a URL, URI, and URN from the second
`computerized device set to the first computerized device set,
`wherein
`the resource
`indicator facilitates obtaining
`the
`continuous media content by the first media player for
`presentation to the user on the first computerized device set;
`and
`
`wherein the continuous media content is not presented on
`the second computerized device set during presentation on the
`first computerized device set, and the first user interface and the
`second user interface together comprise a unified media
`selection and presentation user interface, wherein the unified
`media selection and presentation user interface presents user
`
`
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`8
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`IPR2015-_____
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`input controls for selection of the continuous media content and
`for selection of either one of the first computerized device set
`and the second computerized device set for presentation of the
`continuous media content.
`
`16.
`
`Independent claim 60 reads:
`
`60. A method for use in a first computerized device set which
`wirelessly communicates with a second computerized device set,
`wherein the first and second computerized device sets include
`respective first and second continuous media players, the method
`comprising:
`second
`the
`to
`information
`providing discovery
`in accordance with a device
`computerized device set
`management discovery protocol that is implemented at a
`communication layer above an internet protocol layer, and
`wherein
`the discovery
`information allows
`the second
`computerized device set to determine that the first computerized
`device set is capable of receiving continuous media content and
`playing the continuous media content;
`establishing a wireless communication session with the
`second computerized device set;
`receiving, via the wireless communication session, in
`accordance a wireless local area network protocol, at least a
`resource indicator, wherein the resource indicator comprises at
`least one of a URL, URI, and URN from the second
`computerized device set to the first computerized device set,
`wherein
`the resource
`indicator facilitates obtaining
`the
`continuous media content by the first media player for
`presentation to the user on the first computerized device set;
`and receiving discovery information at the second computerized
`device set in accordance with a device management discovery
`protocol that is implemented at a communication layer above an
`internet protocol layer, and wherein the discovery information
`allows the second computerized device set to determine that the
`first computerized device set is capable of receiving the
`continuous media content and playing the continuous media
`content;
`wherein the wireless communication session is conducted
`in accordance with an Internet protocol; and
`
`
`
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`IPR2015-_____
`U.S. Patent 8,640,183
`wherein the continuous media content is not presented on
`the second computerized device set during presentation on the
`first computerized device set, and the first user interface and the
`second user interface together comprise a unified media
`selection and presentation user interface, wherein the unified
`media selection and presentation user interface presents user
`input controls for selection of the continuous media content and
`for selection of either one of the first computerized device set
`and the second computerized device set for presentation of the
`continuous media content.
`
`17. The ’183 patent describes systems and methods for navigating
`
`hypermedia using multiple coordinated input/output device sets. EX1001 at
`
`Abstract. The device sets may include personal computing (PC) devices such as
`
`Personal Digital Assistants (PDAs), and televisions (TVs). Id. at 16:28-43, 19:32-
`
`47. Hypermedia may include “any kind of media that may have the effect of a non-
`
`linear structure of associated elements,” and includes “graphics, video, and sound.”
`
`Id. at 7:13-22. Notably, none of the claims require or recite “hypermedia.” Instead,
`
`the claims recite “continuous media,” which broadly encompasses “any
`
`representation of ‘content’ elements that have an intrinsic duration, that continue
`
`(or extend) and may change over time, including one or more of ‘audio data,’
`
`‘video data,’ animation, virtual reality data, hybrid natural and synthetic video data,
`
`including both ‘stored format’ and ‘streams’ or streaming transmission formats.” Id.
`
`at 20:5-12.
`
`18. According to the independent claims, a first user interface allows a
`
`user to select continuous media content, including encoded video data. Id. at
`
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`164:29-32, 168:38-41, 169:22-25, 170:48-49. As discussed above, “continuous
`
`media content” can include “any representation of ‘content’ elements that have an
`
`intrinsic duration, that continue (or extend) and may change over time, including
`
`one or more of ‘audio data,’ ‘video data,’ animation, virtual reality data, hybrid
`
`natural and synthetic video data, including both ‘stored format’ and ‘streams’ or
`
`streaming transmission formats.” Id. at 20:5-12. A second user interface allows the
`
`user to select to have the continuous media content presented on a first user device
`
`set or on the second user device set. Id. at 164:33-36, 168:42-45, 169:26-29,
`
`170:48-52. The second user device set receives “discovery information” to
`
`determine that the first computerized device set is capable of receiving and playing
`
`the continuous media content. Id. at 164:37-45, 168:46-54, 168:30-38, 170:23-39.
`
`“Discovery
`
`information” may
`
`include
`
`information
`
`that enables “basic
`
`communications among the devices, to provide discovery, presence, registration,
`
`and naming services to recognize and identify devices as they become available to
`
`participate in a network, and to recognize their capabilities.” Id. at 37:51-55. The
`
`discovery information is received in accordance with a “device management
`
`discovery protocol” implemented at a communication layer above an internet
`
`protocol layer. Id. at 164:37-45, 168:46-54, 168:30-38, 170:23-39. The “device
`
`management discovery protocol” can include the Universal Plug and Play protocol.
`
`Id. at 37:46-50. In the event the user selects, via the second user interface, to
`
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`present the continuous media content on the second computerized device set, the
`
`second media player of the second computerized device set decodes the continuous
`
`media content. Id. at 164:46-51, 168:55-59, 169:39-43. In the event the user selects,
`
`via the second user interface, to present the continuous media content on the first
`
`computerized device set, the second computerized device set may wirelessly
`
`transmit a resource locator including a URL, URI, and/or URN to facilitate
`
`obtaining the continuous media content. Id. at 164:52-62, 168:60-169:3, 169:44-54,
`
`170:23-31. The resource indicator is transmitted via wireless transmission from the
`
`second computerized device set to the first computerized device set. Id. The
`
`continuous media content is presented on the first computerized device set or the
`
`second computerized device set. Id. at 164:63-65, 169:4-6, 169:55-57, 170:42-44.
`
`The first user interface and the second user interface comprise a “unified media
`
`selection and presentation user interface.” Id. at 164:65-165:1, 169:6-9, 169:57-60,
`
`170:44-47. The unified user interface presents user input controls for selecting
`
`continuous media content, and for selecting the first or second computerized
`
`device set for presentation of the continuous media content. Id. at 165:2-6, 169:10-
`
`14, 170:1-5, 170:47-52.
`
`19. The ’183 patent suggests that it uniquely fills gaps in interactive
`
`media control, id. at 1:30-35, 2:63-3:4, by providing user interfaces for controlling
`
`
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`what resources (e.g. media) are presented on which device sets. Id. at 3:15-20. I do
`
`not agree.
`
`20. Controlling media and device selection was well-known in the art.
`
`The claimed “first and second computerized device sets” are devices such as a
`
`television and personal digital assistant, respectively–electronic devices that have
`
`been used for decades. As the ’183 patent concedes, innovators since the 1990s
`
`focused on “converging” television and computer technologies. Id. at 1:30-32.
`
`Other facets of the ’183 patent, such as discovery information and resource
`
`indicators, are known in Universal Plug and Play and networked media systems.
`
`Indeed, the ’183 patent specification concedes that aspects of the claims are based
`
`on known standards and prior art systems. See, e.g., id. at 37:46-55.
`
`21. Thus, technologies that enable media selection for presentation on
`
`another device were well-known prior to the application for the ’183 patent and its
`
`priority date.
`
`22. During prosecution, I understand that the Examiner never rejected any
`
`of the claims. I also understand that in the Notice of Allowance, the Examiner
`
`declined to identify the allowable aspects of the claims, and instead simply stated
`
`that “[t]he prior art of record fails to neither (sic) disclose nor sufficiently suggest
`
`the combination of features as claimed and arranged by applicant.” EX1007 at 34.
`
`
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`V.
`
`Person of Ordinary Skill in the Art
`
`23.
`
`In my opinion, a person of ordinary skill in the art (POSA) of the ’183
`
`patent before May 10, 2002, would have had (i) a B.S. degree in computer
`
`engineering, computer science, or equivalent training, and (ii) approximately two
`
`years of experience in network research or network implementation.
`
`VI. Claim Construction
`
`24.
`
`I have been advised that the first step of assessing the validity of a
`
`patent claim is to interpret or construe the meaning of the claim.
`
`25.
`
`I have been further advised that in post-grant review proceedings
`
`before the U.S. Patent and Trademark Office, a patent claim receives the broadest
`
`reasonable construction in light of the specification of the patent in which it
`
`appears. I have also been advised that this means the claim terms are given their
`
`ordinary and customary meaning as would be understood by one of ordinary skill
`
`in the art unless that meaning is inconsistent with the specification of the patent.
`
`26.
`
`I have reviewed the construction provided by the petitioner in its
`
`petition for inter partes review of the ’183 patent that accompanies my declaration.
`
`Unified proposes that the term “unified media selection and presentation user
`
`interface” means “a coherent set of user interfaces for selecting media and
`
`selecting a presentation device.”
`
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`In my opinion, this construction is consistent with how one of
`
`27.
`
`ordinary skill in the art would have understood the claim term. The adoption of the
`
`construction, or any other proper construction under the broadest reasonable
`
`construction, would not change my opinions set forth below.
`
`VII. Certain References Disclose or Suggest all of the Elements Claimed in
`the ’183 Patent.
`
`28.
`
`In my opinion, claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55,
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`and 58-61 are obvious under § 103(a) over U.S. Patent No. 8,479,238 to Chen, et al.
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`(“Chen”) in view of U.S. Patent No. 7,483,958 to Elabbady, et al. (“Elabbady”).
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`29.
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`In my opinion, claims 1, 16, 18, 24, 32, 33, 37, 38, 41, 58, 59, and 60
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`are obvious under § 103(a) over U.S. Patent Application Publication No.
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`2003/0073412 to William K. Meade, II (“Meade”) in view of Elabbady.
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`A. Ground 1: Chen in view of Elabbady renders claims 1-5, 16, 18,
`24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 obvious
`30. Chen discloses “control of multimedia playback,” just like the ’183
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`patent. See EX1003 Title. FIG. 3 of Chen shows an exemplary network topology
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`including a Control Device 212, in communication with a Video Device 218:
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`31.
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`32. EX1004, FIG. 3
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`
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`33. Control Device 212 can include a portable computerized device such
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`as a personal digital assistant (PDA) (claim 37) or a tablet computer (claim 40)
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`capable of “playing multimedia data such as, preferably, still images, text, preview
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`videos, or the like.” EX1003 at 4:47-60. In Chen’s system, Control Device 212
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`serves as a “dynamic control pad for initiating video playback.” Id. Control Device
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`212 communicates with other components (such as Video Device 218) via network
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`216, which may operate using wireless protocols such as “Bluetooth, IEEE,
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`802.11b, infrared protocols, or other wireless protocols.” Id. at 4:55-58. Network
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`216 may include an Internet Protocol (IP) network. Id. at 65-66. 802.11b is known
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`as a version of WiFi to people of ordinary skill in the art (POSA) of wireless data
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`networks.
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`34. Control device 212 includes a display screen that provides multiple
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`user interfaces for selecting content and for
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`controlling playback on video device 218.
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`EX1003 at FIGS. 4-10. Chen discloses having
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`“more than one video device …controlled by the
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`[same] control device.” Id. at 5:13-14.
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`35. An
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`exemplary
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`graphical
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`user
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`interface displayed on control device 212
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`provides multimedia data representing video data
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`for browsing and selection for playback. EX1003
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`EX1003, FIG. 7
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`at 8:1-10. An example of this graphical user interface is illustrated in FIG. 7 of
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`Chen (reproduced at the right). Video data relative to a search term is displayed, so
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`that the consumer can browse available videos, and select a particular video from
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`the list. Id. at 4:32-35. Represented video data can be stored in a centralized video
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`database, or stored locally and proximate to the video device 218. Id. at 5:31-32,
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`7:66-8:10. Represented video data can include videos encoded according to a
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`standard such as the Moving Picture Experts Group (MPEG)–a type of encoded
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`video. Id. at 3:35-38.
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`In addition to displaying a listing of multimedia programs, the user
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`36.
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`interface displayed on the control device 212 includes multimedia content data
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`based on the content of the video data. EX1003 at 3:21-29. The multimedia content
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`data can include still images, preview videos, and detailed information about the
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`video data. Id.
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`37. A consumer may select a particular
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`video data (such as a television program) for
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`playback, from the displayed multimedia data. Id.
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`at 8:3-10.
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`38. Prior to selecting the video data,
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`control device 212 may display another
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`exemplary graphical user interface to allow the
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`user to “specify a video device for viewing
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`EX1003, portion of FIG. 4
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`
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`multimedia.” EX1003 at FIG. 4 (reproduced to the right). A single control device
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`212 may control multiple video devices. Id. at 5:13-14.
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`39. Control device 212 displays the user interfaces illustrated in FIGS. 4
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`and 8 as part of a coherent set of user interfaces for selecting media for playback
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`and for selecting a presentation device, and thus Chen discloses a “unified media
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`selection and presentation interface.”
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`40. Video device 218 may include a television (claims 38, 41) or computer
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`monitor that plays video. EX1003 at 5:4-5. Video device 218 is capable of
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`decoding compressed video data, including MPEG video (claim 42). Video device
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`218 communicates with the system, including with control device 212, using a
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`wireless connection with sufficient bandwidth to support playback of digital video
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`data. Id. at 5:5-9. Chen discloses storing multiple versions of the video data in
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`various formats, so that the highest possible quality version may be delivered and
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`played on a video device. The video quality is determined based on the capability
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`of the video device 218 to receive the video data, including the available
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`bandwidth for the video device and the video device capabilities. Id. at 3:38-42.
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`41. Chen discloses using a protocol similar to an Address Resolution
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`Protocol (ARP) to discover nearby devices and determine which video devices 218
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`are active and capable of receiving and playing video. EX1003, at 7:13-25. When a
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`user accesses th