UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NETFLIX, INC.
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`Petitioner,
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`v.
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`CONVERGENT MEDIA SOLUTIONS LLC,
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`Patent Owner.
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`__________________
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`Cases: To be assigned
`U.S. Patent Nos. 8,914,840, 8,689,273, 8,527,640, 8,640,183
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`__________________
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`
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`DECLARATION OF ANDREW WOLFE IN SUPPORT OF
`PETITIONS FOR INTER PARTES REVIEW
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`132703381.1
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`TABLE OF CONTENTS
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`LIST OF APPENDICES ......................................................................................... i
`I.
`INTRODUCTION .......................................................................................... 1
`II. QUALIFICATIONS AND EXPERIENCE .................................................... 3
`A.
`EDUCATION AND WORK EXPERIENCE ...................................... 3
`B.
`COMPENSATION ............................................................................... 8
`C. DOCUMENTS AND OTHER MATERIALS RELIED UPON .......... 9
`III. STATEMENT OF LEGAL PRINCIPLES ..................................................... 9
`A. Obviousness .......................................................................................... 9
`B.
`Claim Construction............................................................................. 10
`IV. LEVEL OF ORDINARY SKILL IN THE ART .......................................... 10
`V.
`IDENTIFICATION OF THE PRIOR ART AND SUMMARY OF
`OPINIONS .................................................................................................... 11
`VI. BACKGROUND OF THE ART .................................................................. 12
`VII. THE PRIOR ART ......................................................................................... 27
`A.
`ELABBADY ...................................................................................... 27
`B.
`ZINTEL .............................................................................................. 34
`C.
`JANIK................................................................................................. 41
`D. VALLONE ......................................................................................... 44
`E.
`PALM ................................................................................................. 46
`VIII. MY PREVIOUS DECLARATIONS ........................................................... 47
`IX. CLAIM CONSTRUCTION ......................................................................... 47
`A.
`’840 patent .......................................................................................... 47
`1.
`“the resource indicator comprises at least one of a URL,
`URI, and URN” in Independent Claims 1, 59, 60, 61 ............. 47
`’183 patent .......................................................................................... 48
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`B.
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`X.
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`C.
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`B.
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`B.
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`C.
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`“the resource indicator comprises at least one of a URL,
`URI, and URN” in Independent Claims 1, 58, 59, 60 ............. 48
`“unified media selection and presentation interface” in
`Independent Claims 1, 58, 59, 60 ............................................ 49
`’273 Patent .......................................................................................... 50
`1.
`“the list comprises at least one of a list of bookmarked
`content items, a list of favorite content items, and a list of
`saved content items” in Independent Claim 1. ........................ 50
`THE ’840 PATENT ...................................................................................... 51
`A.
`CLAIMS 1-5, 16, 18-20, 24, 32, 34-35, 37-38, 44, 47, 51-53,
`56, AND 59-62 OF THE ’840 PATENT ARE OBVIOUS
`OVER ELABBADY, PALM, AND ZINTEL. .................................. 51
`CLAIMS 42, 54, AND 55 ARE OBVIOUS OVER
`ELABBADY, ZINTEL, PALM, AND KATZ .................................. 91
`XI. THE ’273 PATENT ...................................................................................... 95
`A.
`CLAIMS 1-17 AND 19-22 OF THE ’273 PATENT ARE
`OBVIOUS OVER JANIK, ZINTEL, AND PALM. .......................... 95
`CLAIM 18 OF THE ’273 PATENT IS OBVIOUS OVER
`JANIK, ZINTEL, PALM, AND VALLONE................................... 137
`CLAIMS 1-22 OF THE ’273 PATENT IS OBVIOUS OVER
`JANIK, ZINTEL, PALM, AND VALLONE................................... 141
`XII. THE ’640 PATENT .................................................................................... 143
`A. KATZ AND THOMAS. ................................................................... 143
`B.
`CLAIMS 1, 2, 5, 11-13, 18, 26, 32, 36, 68, 73, 95, 102, 112-
`114, 121, 128, 141, 170-171, and 188 OF THE ’640 PATENT
`ARE OBVIOUS OVER KATZ AND THOMAS. ........................... 146
`XIII. THE ’183 PATENT .................................................................................... 189
`A.
`CLAIMS 1-5, 16, 18-20, 24, 32, 34-35, 37-38, 44, 47, 50-52,
`55, AND 58-60 OF THE ’183 PATENT ARE OBVIOUS
`OVER ELABBADY, PALM, AND ZINTEL. ................................ 189
`CLAIMS 42 and 53-54 OF THE ’183 PATENT ARE
`OBVIOUS OVER ELABBADY, PALM, ZINTEL, AND
`KATZ. .............................................................................................. 227
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`1.
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`2.
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`B.
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`DECLARATION OF ANDREW WOLFE
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`LIST OF APPENDICES
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`Appendix A
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`Curriculum Vitae of Andrew Wolfe Ph.D.
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`Appendix B
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`Apple - Media & Analyst Information - Press Releases -
`Streaming Server
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`Appendix C
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`Apple - Media & Analyst Information - Press Releases
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`Appendix D
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`Apple - Press Info - Apple’s QuickTime 4 Downloads Top 32
`Million and Ten New QTV Channels Premiere
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`Appendix E
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`Berg_802.11_GMU-TCOM-TR-8
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`Appendix F
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`Appendix G
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`Appendix H
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`Appendix I
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`Appendix J
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`Appendix K
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`Appendix L
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`BUSINESS TECHNOLOGY - Peering Out a 'Real Time'
`Window - NYTimes
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`CNN - Internet braces for Clinton's video testimony -
`September 17, 1998
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`How the world's first webcam made a coffee pot famous - BBC
`News
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`Kozuch - New Challenges for Video Servers
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`Liu The Princeton Video Library of Politics
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`Major League Baseball in RealNetworks Online Deal _ Press
`releases _ News _ Sportcal
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`Microsoft Delivers Breakthrough Audio and Video Quality
`With Final Release of Windows Media Audio and Video 8 _
`News Center
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`Appendix M
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`Progear Photo
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`Appendix N
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`Psion 5
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`Appendix O
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`RealNetworks Launches Subscription Service - Streaming
`Media Magazine
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`Appendix P
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`ReplayTV 4000 UserGuide
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`Appendix Q
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`Rio Receiver
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`Appendix R
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`Trojan Room Coffee Pot Biography
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`Appendix S
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`Turtle_Beach_AT_Manual
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`Appendix T
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`Using the Rio Receiver
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`Appendix U
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`WO9957837A2
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`Appendix V
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`Wolf - Digital video library for classroom
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`Appendix W
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`Cut in Fiber Cable Disrupts Internet Traffic Nationwide -
`NYTimes
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`Appendix X
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`Treo 180 Communicator User Guide
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`I.
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`INTRODUCTION
`1. My name is Dr. Andrew Wolfe.
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`2.
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`I have been engaged by the Petitioner Netflix, Inc. to investigate and
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`opine on certain issues relating to U.S. Patent Nos. 8,527,640 (the “’640 patent”);
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`8,640,183 (the “’183 patent”); 8,689,273 (the “’273 patent”); and 8,914,840 (the
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`“’840 patent”) in connection with the Petitions for Inter Partes Review.
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`3.
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`I have also been engaged by Roku, Inc. to opine on certain issues
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`relating to U.S. Patent Nos. 8,850,507 (“the ’507 Patent”) and 8,893,212 (“the ’212
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`Patent”). My opinions were submitted in IPR2016-01761 and IPR2016-01762,
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`respectively.
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`4.
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`For the convenience of the Board, I have submitted a single
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`declaration addressing the ’183, ’840, ’640, and ’273 patents (“the Challenged
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`Patents”).
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`5.
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`I was also retained by Netflix, Inc. to opine upon the ’507 patent. My
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`opinions were submitted in IPR2016-01761.
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`6.
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`I understand that Patent Owner, Convergent Media LLC, has asserted
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`the ’183, ’840, ’640, and ’273 patents against Netflix in Convergent Media
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`Solutions, LLC v. Netflix, Inc., No. 3:15-cv-02160-M (N.D. Tex) which I
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`understand has been consolidated with other matters as Convergent Media
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`20
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`Solutions, LLC v. AT&T, Inc., 3:15-cv-2156-M (N.D. Tex.).
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`7.
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`In this declaration, I will first discuss the technology background
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`related to the ’183, ’840, ’640, and ’273 patents and then provide my analyses and
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`opinions on claims 1-5, 16, 18-20, 24, 32, 34-35, 37-38, 42, 44, 47, 50-55, and 58-
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`60 of the ’183 patent, claims 1-5, 16, 18-20, 24, 32, 34-35, 37-38, 42, 44, 47, 51-
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`5
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`56, and 59-62 of the ’840 patent, claims 1, 2, 5, 11-13, 18, 26, 32, 36, 68, 73, 95,
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`102, 112-114, 121, 128, 141, 170-171, and 188 of the ’640 patent, and claims 1-22
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`of the ’273 patent. This overview provides some of the bases for my opinions with
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`respect to the ’183, ’840, ’640, and ’273 patents. Because of their similarities and
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`the same prior art cited in petitions for the’183, ’840, ’640, and ’273 patents, this
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`declaration is with respect to each of the ’183, ’840, ’640, and ’273 patents.
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`8.
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`This declaration is based on the information currently available to me.
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`To the extent that additional information becomes available, I reserve the right to
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`continue my investigation and study, which may include a review of documents
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`and information that may be produced, as well as testimony from depositions that
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`may not yet be taken.
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`9.
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`In forming my opinions, I have relied on information and evidence
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`identified in this declaration, including the ’183, ’840, ’640, and ’273 patents, their
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`prosecution histories, and prior art references listed in the Grounds of Petitioner’s
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`challenges, other references listed as Exhibits to the IPR petitions and listed as
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`appendices to this declaration.
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`II. QUALIFICATIONS AND EXPERIENCE
`A. EDUCATION AND WORK EXPERIENCE
`10. Attached as Exhibit A to this declaration is a copy of my curriculum
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`vitae, which provides a substantially complete list of my education, experience and
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`publications that are relevant to the subject matter of this report.
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`11.
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`I have more than 30 years of experience as a computer system
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`designer, personal computer graphics designer, educator, and as an executive in the
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`electronics industry.
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`12.
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`In 1985, I earned a B.S.E.E. degree in Electrical Engineering and
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`Computer Science from The Johns Hopkins University. In 1987, I received an
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`M.S. degree in Electrical and Computer Engineering from Carnegie Mellon
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`University. In 1992, I received a Ph.D. in Computer Engineering from Carnegie
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`Mellon University. My doctoral dissertation proposed a new approach for the
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`architecture of a computer processor.
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`13.
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`In 1983, I began designing touch sensors, microprocessor-based
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`computer systems, and I/O (input/output) cards for personal computers as a senior
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`design engineer for Touch Technology, Inc. During the course of my design
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`DECLARATION OF ANDREW WOLFE
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`projects with Touch Technology, I designed I/O cards for PC-compatible computer
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`systems, including the IBM PC-AT, to interface with interactive touch-based
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`computer terminals that I designed for use in public information systems. I
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`continued designing and developing related technology as a consultant to the
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`Carroll Touch division of AMP, Inc. and I designed one of the first custom
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`touchscreen integrated circuits in 1986.
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`14. From 1986 through 1987, I designed and built a high-performance
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`computer system as a student at Carnegie Mellon University. From 1986 through
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`early 1988, I also developed the curriculum, and supervised the teaching
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`laboratory, for processor design courses.
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`15.
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`In the latter part of 1989, I worked as a senior design engineer for
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`ESL-TRW Advanced Technology Division. While at ESL-TRW, I designed and
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`built a bus interface and memory controller for a workstation-based computer
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`system, and also worked on the design of a multiprocessor system.
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`16. At the end of 1989, I (along with some partners) reacquired the rights
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`to the technology I had developed at Touch Technology and at AMP, and founded
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`The Graphics Technology Company. Over the next seven years, as an officer and
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`a consultant for The Graphics Technology Company, I managed the company's
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`engineering development activities and personally developed dozens of
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`touchscreen sensors, controllers, and interactive touch-based computer systems.
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`17.
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`I have consulted, formally and informally, for a number of fabless
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`semiconductor companies. In particular, I have served on the technical advisory
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`boards for two processor design companies: BOPS, Inc., where I chaired the board,
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`and Siroyan Ltd., where I served in a similar role for three networking chip
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`companies—Intellon, Inc., Comsilica, Inc, and Entridia, Inc.—and one 3D game
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`accelerator company, Ageia, Inc.
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`18.
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`I have also served as a technology advisor to Motorola and to several
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`venture capital funds in the U.S. and Europe. Currently, I am a director of Turtle
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`Beach Corporation, providing guidance in its development of premium audio
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`peripheral devices for a variety of commercial electronic products.
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`19. From 1991 through 1997, I served on the Faculty of Princeton
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`University as an Assistant Professor of Electrical Engineering. At Princeton, I
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`taught undergraduate and graduate-level courses in Computer Architecture,
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`Advanced Computer Architecture, Display Technology, and Microprocessor
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`Systems, and conducted sponsored research in the area of computer systems and
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`related topics. I was also a principal investigator for DOD research in video
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`technology and a principal investigator for the New Jersey Center for Multimedia
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`Research. From 1999 through 2002, I taught the Computer Architecture course to
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`both undergraduate and graduate students at Stanford University multiple times as
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`a Consulting Professor. At Princeton, I received several teaching awards, both
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`from students and from the School of Engineering. I have also taught advanced
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`microprocessor architecture to industry professionals in IEEE and ACM sponsored
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`seminars. More recently, I have been a lecturer at Santa Clara University teaching
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`graduate courses on Computer Organization and Architecture and undergraduate
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`courses on electronics and embedded computing.
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`20. From 1997 through 2002, I held a variety of executive positions at a
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`publicly-held fabless semiconductor company originally called S3, Inc. and later
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`called Sonicblue Inc. For example, I held the positions of Chief Technology
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`Officer, Vice President of Systems Integration Products, Senior Vice President of
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`Business Development, and Director of Technology. At the time I joined S3, the
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`company supplied graphics accelerators for more than 50% of the PCs sold in the
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`United States. I participated in the design and marketing of over 30 audio/video
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`products including networked audio and video clients and servers.
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`21.
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`I have published more than 50 peer-reviewed papers in computer
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`architecture and computer systems and IC design.
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`22.
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`I also have chaired IEEE and ACM conferences in microarchitecture
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`and integrated circuit design and served as an associate editor for IEEE and ACM
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`journals.
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`23.
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`I am a named inventor on at least 51 U.S. patents and 28 foreign
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`patents, including patents on video streaming.
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`24.
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`In 2002, I was the invited keynote speaker at the ACM/IEEE
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`International Symposium on Microarchitecture and at the International Conference
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`on Multimedia. From 1990 through 2005, I have also been an invited speaker on
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`various aspects of technology and the PC industry at numerous industry events
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`including the Intel Developer’s Forum, Microsoft Windows Hardware Engineering
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`Conference, Microprocessor Forum, Embedded Systems Conference, Comdex, and
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`Consumer Electronics Show, as well as at the Harvard Business School and the
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`University of Illinois Law School. I have been interviewed on subjects related to
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`computer graphics and video technology and the electronics industry by
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`publications such as the Wall Street Journal, New York Times, Los Angeles
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`Times, Time, Newsweek, Forbes, and Fortune as well as CNN, NPR, and the BBC.
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`I have also spoken at dozens of universities including MIT, Stanford, University of
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`Texas, Carnegie Mellon, UCLA, University of Michigan, Rice, and Duke.
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`25. Based on my technical education, and my years of professional
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`experience as both an engineer and as an educator, I consider myself to be an
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`expert in the field of computer architecture and computer system design, audio and
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`video streaming, consumer electronics, and computer programming, including
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`related standards, processes, and protocols. Moreover, I am very familiar with the
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`operation and functional capabilities and limitations of digital audio and video
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`devices and media distribution services existing during the late 1990s and early
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`2000s.
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`26. My professional experience with computers and consumer electronics,
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`as well as my educational background, is summarized in more detail in my C.V.,
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`which is attached to this declaration. I am qualified to give an opinion regarding
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`the state of the art and the validity of the ’183, ’840, ’640, and ’273 patents due to
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`my experience and education in the field.
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`B. COMPENSATION
`I am being compensated for the services I am providing in this
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`declaration. The compensation is not contingent upon my performance, the
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`outcome of this inter partes review or any other proceedings, or any issues
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`involved in or related to this inter partes review or any other proceedings.
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`C. DOCUMENTS AND OTHER MATERIALS RELIED UPON
`28. The documents on which I rely for the opinions expressed in this
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`declaration are documents and materials identified in this declaration, including
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`the ’183, ’840, ’640, and ’273 patents, their prosecution histories, the prior art
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`5
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`references, the petitions against the above patents, the exhibits submitted in the
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`Petition, and information discussed and any other references specifically identified
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`in this declaration.
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`29.
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`III. STATEMENT OF LEGAL PRINCIPLES
`A. Obviousness
`It is my understanding that obviousness under pre-AIA 35 U.S.C.
`30.
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`§ 103 effective before March 16, 2013 is a basis for invalidity. I understand that
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`where a prior art reference does not disclose all of the limitations of a given patent
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`claim, that patent claim is invalid if the differences between the claimed subject
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`15
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`matter and the prior art reference are such that the claimed subject matter as a
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`whole would have been obvious at the time the invention was made to a person
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`having ordinary skill in the relevant art. Obviousness can be based on a single
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`prior art reference or a combination of references that either expressly or inherently
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`disclose all limitations of the claimed invention. In an obviousness analysis,
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`inferences and creative steps that a person of ordinary skill in the art would employ
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`can be taken into account.
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`B. Claim Construction
`It is my understanding that, when construing claim terms of an
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`unexpired patent, a claim subject to inter partes review receives the broadest
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`reasonable interpretation (BRI) in light of the specification of the patent in which it
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`appears.
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
`I understand that the claims and specification of a patent must be read
`32.
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`and construed through the eyes of a person of ordinary skill in the art at the time of
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`the priority date of the claims. To determine the appropriate level of a person
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`having ordinary skill in the art, the following factors may be considered: (a) the
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`types of problems encountered by those working in the field and prior art solutions
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`thereto; (b) the sophistication of the technology in question, and the rapidity with
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`which innovations occur in the field; (c) the educational level of active workers in
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`the field; and (d) the educational level of the inventor.
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`33.
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`In light of the disclosed technology in the ’183, ’840, ’640, and ’273
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`patents, it is my opinion that a person having ordinary skill in the art should have a
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`Bachelor of Science or equivalent degree in electrical engineering, computer
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`
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`engineering, or computer science with at least 2 years of experience in a technical
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`field related to multimedia technology and computer systems. This description is
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`approximate and additional educational experience could make up for less work
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`experience and vice versa.
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`V.
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`IDENTIFICATION OF THE PRIOR ART AND SUMMARY OF
`OPINIONS
`34.
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`It is my opinion that Elabbady, Palm, and Zintel render obvious
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`claims 1-5, 16, 18-20, 24, 32, 34-35, 37-38, 44, 47, 51-53, 56, and 59-62 of the
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`’840 patent. It is my opinion that Elabbady, Palm, Zintel, and Katz render claims
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`42 and 54-55 of the ’840 patent obvious. It is my opinion that Elabbady, Palm, and
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`Zintel render obvious claims 1-5, 16, 18-20, 24, 32, 34-35, 37-38, 44, 47, 50-52,
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`55, and 58-60 of the ’183 patent. It is my opinion that Elabbady, Palm, Zintel, and
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`Katz render obvious claims 42 and 53-54 of the ’183 patent. This is discussed on a
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`claim by claim basis below.
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`35.
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`It is my opinion that combination of Janik, Zintel, and Palm renders
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`obvious claims 1-17, 19-22 of the ’273 patent. It is also my opinion that the
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`combination of Janik, Zintel, Palm, and Vallone renders obvious claim 18 of the
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`’273 patent. It is also my opinion that the combination of Janik, Zintel, Palm, and
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`Vallone also renders obvious claims 1-22 of the ’273 patent. It is my opinion that
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`the combination of Katz and Thomas renders obvious claims 1, 2, 5, 11-13, 18, 26,
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`32, 36, 68, 73, 95, 102, 112-114, 121, 128, 141, 170-171, and 188 of the ’640
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`patent. This is discussed on a claim by claim basis below.
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`VI. BACKGROUND OF THE ART
`36. The Challenged Patents are directed generally to interactive television
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`5
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`and similar interactive media such as from television or Internet sources, and more
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`particularly to the provision and use of user interfaces that permit interaction using
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`multiple coordinated device sets. See e.g., ’840 Patent at 1:10-16.1 The
`
`Challenged Patents discuss and rely upon existing technology in the fields of
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`10
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`media distribution, networked communications, discovery protocols, user
`
`interfaces, and metadata representations. There had been a great deal of progress
`
`in these underlying technologies in the decade preceding the filing of the
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`provisional application cited in the Challenged Patents. This includes the public
`
`launch of the World Wide Web in the early 90s, the academic and commercial
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`15
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`development of streaming media, advanced in Ethernet and wireless
`
`
`
` 1
`
` Because the ’840, ’183, and ’273 Patents share the same specification, I have
`only cited to one. Further, the specification of the ’640 patent is similar to the
`specification of the ’840, ’183, and ’273 patents. The other patent has the same
`disclosures.
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`communications technology, the spread of client-server computing systems, and
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`the growth of digital audio and video technology.
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`37. Streaming audio and video dates back to the earliest days of the World
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`Wide Web. Prior to the introduction of web browsers, researchers at CERN, the
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`5
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`European particle physics laboratory, pointed a camera at their coffee pot and
`
`streamed the images over the internet to the xcoffee application that allowed users
`
`of the X-Windows graphical user interface (GUI) to view the coffee pot in real
`
`time. https://www.cl.cam.ac.uk/coffee/qsf/coffee.html. In 1993, this was
`
`converted to allow use with a standard web browser.
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`10
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`http://www.bbc.com/news/technology-20439301. Both X-Windows and the web
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`browser allowed access over a local or wide-area network.
`
`
`38. By 1994, more traditional video server applications were developed
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`and publicly disclosed. For example, in 1994 and 1995, I published articles
`
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`
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`describing the Princeton Video Library of Politics.2 This was a client-server video
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`streaming system that had been developed at Princeton University under a grant
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`from the U.S. DOD. The system was intended to provide a browsable set of video
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`segments that could be viewed, paused, rewound, and otherwise manipulated by
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`5
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`students in order to study a historical subject. In our initial video library, the
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`videos were all presidential campaign advertisements that had appeared on
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`television. The server would provide captioned thumbnail images of various video
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`streams. A user could select from among these streams and add annotations or
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`access commentary. An instructor could prepare playlists to correspond to lesson
`
`
`
` 2
`
` Liu, B., Wolf, W., Kulkarni, S., Wolfe, A, et. al, “The Princeton Video Library of
`Politics”, Digital Libraries ‘94 – The First Annual Conference on the Theory and
`Practice of Digital Libraries, pp. 215-216, June 1994.
`Wolf, W., Liu, B., Wolfe, A., Martonosi, M., and Liang, Y., “A Digital Video
`Library for Classroom Use”, International Symposium on Digital Libraries,
`Tsukuba Science City, Japan, August, 1995.
`Wolf, W., Liu, B., Wolfe, A., Yeung, M., Yeo, B., and Markham, D., “Video as
`Scholarly Material in the Digital Library,” Chapter 1 in Advances in Digital
`Libraries '95, Springer-Verlag, 1995.
`Kozuch, M., Wolf, W., and Wolfe, A., “Client-server Architectures for Nonlinear
`Video Services”, SPIE Conference on Integration Issues in Large Commercial
`Storage Systems, SPIE, Philadelphia, PA, Oct., 1995
`
`
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`plans. By the very nature of X-Windows, the various display windows could be
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`assigned to one or more client machines.
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`5
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`Client-server video architecture - “Video as Scholarly Material in the Digital
`Library”
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`
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`User Interface - “Video as Scholarly Material in the Digital Library”
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`In 1995, internet video distribution capabilities were discussed in the
`
`
`39.
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`5
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`New York Times. Appendix F. By 1998, Real Networks had video streaming
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`capabilities that were being used by major news operations. Appendix G. In
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`April, 1999, Apple added video streaming capability to its Quicktime software
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`with the release of Quicktime 4 and the Quicktime Streaming Server. Appendix D.
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`The Quicktime 4 software used "Nonproprietary industry standard RTP3 and
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`RTSP4 protocols for streaming over the Internet.” It offered “intuitive user
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`controls” for functions like play, pause, and content selection as well as audio
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`controls. Id. It could display media, including streaming video, within a web
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`5
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`page. Id. It supported HTTP streaming protocols. Id. It allowed integration of
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`video with other forms of media. Id.
`
`40. By 2000, commercial video streaming services had become well-
`
`known. For example, by 2000, Real Networks, known for streaming audio, added
`
`streaming video subscriptions to its platform. Appendix O. In particular, the gold
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`10
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`pass subscription service included unlimited access to video from ABC News and
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`Sports Illustrated. Appendix O. Quicktime 4 also supported QuickTime TV with
`
`over 40 premium channels in 2000. Appendix D. By 2001, Microsoft had
`
`increased the quality of its previously introduced Windows Media video streaming
`
`technology to provide broadcast-quality video over the internet. Appendix L. This
`
`
`
` 3
`
` Real-time Transport Protocol – see https://en.wikipedia.org/wiki/Real-
`time Transport Protocol
`
` 4
`
` Real-time Streaming Protocol – see https://en.wikipedia.org/wiki/
`Real_Time_Streaming_Protocol
`
`
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`Netflix, Inc. Exhibit 1028
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`technology could be used, for example, to select and watch movie trailers. Id. It
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`also supported digital rights management (DRM) and enabled commercial on-line
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`movie services such as Intertainer and Cinema-Now. Id.
`
`41. Other core technologies were well-known prior to the Challenged
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`5
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`Patents as well. For example, 801.11 wireless technology was ratified as a
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`standard in 1994 followed by the more popular Wi-Fi standard 802.11b in 1999.
`
`Appendix E. The 5GHz 802.11a standard was also ratified in 1999. Id. 802.11a
`
`was intended to support multimedia streaming with higher bandwidth than
`
`802.11b. Id. The 802.11e standard, specifically intended for real-time video, also
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`10
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`began formal development as a standard in 2000. Id.
`
`42. Commercial wireless access points using the IEEE 802.11 family
`
`standards were widely used and available in any electronic store. As an example,
`
`Linksys made a wireless access point in 2001 for use in home networks. See
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`LinkSys WAP11 Product Page (June 2001); LinkSys WAP11 User Guide (2001).
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`15
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`A POSITA would appreciate that devices communicating with other devices over
`
`conventional wireless networks would be configured for communication using a
`
`wireless communications protocol like IEEE 802.11.
`
`43. Protocols for communicating capabilities between computer systems
`
`were also well known at the time. TCP/IP and UDP were used for establishing and
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`maintaining communication channels over a network. ’840 patent at 22:24-47.
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`DOCSIS was used to provide internet services over cable TV wiring. Id. HTML
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`and HTTP were used to provide data, including streaming content, metadata, and
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`user-interface specifications, over the internet via web browsers. Id. at 5:10-17;
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`5
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`22:24-47. XML was used to describe capabilities or systems and characteristics