UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HTC CORPORATION and HTC AMERICA, INC.
`Petitioners
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`v.
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`ADVANCED AUDIO DEVICES, LLC
`Patent Owner
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`CASE: To Be Assigned
`Patent No. 7,817,502 B2
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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
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`I hereby declare that all the statements made in this Declaration are of my
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`own knowledge and true; that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. 1001 and that such willful false
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`statements may jeopardize the validity of the application or any patent issued
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`thereon.
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`I declare under the penalty of perjury that all statements made in this
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`Declaration are true and correct.
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`
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`Executed 11 July, 2014 in Boulder, Colorado.
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`
`
`
`/Christopher Schmandt/
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`CHRISTOPHER SCHMANDT
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`
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`HTC Exhibit 1008
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`TABLE OF CONTENTS
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`Page
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`INTRODUCTION .......................................................................................... 1
`I.
`SUMMARY OF OPINIONS .......................................................................... 3
`II.
`III. QUALIFICATIONS AND EXPERIENCE .................................................... 4
`A.
`Education and Work Experience .......................................................... 4
`B.
`Compensation ....................................................................................... 5
`C.
`Documents and Other Materials Relied Upon ..................................... 5
`IV. STATEMENT OF LEGAL PRINCIPLES ..................................................... 6
`A.
`Claim Construction .............................................................................. 6
`B.
`Anticipation .......................................................................................... 6
`C.
`Obviousness .......................................................................................... 7
`LEVEL OF ORDINARY SKILL IN THE ART ............................................ 7
`V.
`VI. TECHNOLOGY BACKGROUND OF CLAIMED SUBJECT
`MATTER OF THE 502 PATENT.................................................................. 9
`A. Digital Audio Recording ...................................................................... 9
`B.
`Playlists/Song Lists ............................................................................ 13
`C.
`User Interfaces for Audio Recording and Playback Devices ............. 17
`D.
`Touch Screens .................................................................................... 22
`VII. OVERVIEW OF THE 502 PATENT ........................................................... 25
`VIII. PRIORITY DATE ........................................................................................ 30
`IX.
`IDENTIFICATION OF THE PRIOR ART AND SUMMARY OF
`OPINIONS .................................................................................................... 31
`CLAIM CONSTRUCTION ......................................................................... 33
`A.
`“a unitary, integral housing” in all claims .......................................... 33
`B.
`“a display” in all claims ..................................................................... 34
`C.
`“at least one of… and” in all claims ................................................... 34
`D.
`“ deploying” ....................................................................................... 35
`E.
`Other claim terms in Challenged Claims ........................................... 35
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`X.
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`-i-
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`HTC Exhibit 1008
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`TABLE OF CONTENTS
`(continued)
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`3.
`4.
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`5.
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`Page
`XI. UNPATENTABILITY OF THE 502 PATENT CLAIMS ........................... 35
`A. GROUND 1: THE CHALLENGED CLAIMS ARE
`UNPATENTABLE UNDER 35 U.S.C. § 103(a) AS BEING
`OBVIOUS OVER NATHAN 259 AND NATHAN 255................... 35
`1.
`Overview of Nathan 259 .......................................................... 35
`2.
`Nathan 259 Solves the Same Problems Identified in the
`502 Patent in a Similar Manner and Achieves the Same
`Results. ..................................................................................... 37
`Overview of Nathan 255 .......................................................... 38
`Claim 1 Is Rendered Obvious By Nathan 259 in view of
`Nathan 255 ............................................................................... 40
`Claims 2, 14, 20 And 43-47 Are Rendered Obvious By
`Nathan 259 In View of Nathan 255 ......................................... 62
`GROUND 2: THE CHALLENGED CLAIMS ARE
`UNPATENTABLE UNDER 35 U.S.C. § 103(A) AS
`OBVIOUS OVER SOUND BLASTER, LUCENTE, OZAWA
`AND HAWKINS ............................................................................... 69
`1.
`Claim 1 Is Rendered Obvious By Sound Blaster,
`Lucente, Ozawa, and Hawkins................................................. 83
`Claims 2, 14, 20 and 43-47 are Rendered Obvious By
`Sound Blaster, Lucente, Ozawa, and Hawkins ...................... 108
`XII. OTHER PERTINENT GROUNDS OF PRIOR ART ................................ 115
`A.
`THE CHALLENGED CLAIMS ARE UNPATENTABLE
`UNDER 35 U.S.C. § 103(a) AS BEING OBVIOUS OVER
`NATHAN 259 IN VIEW OF SOUND BLASTER ......................... 115
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`B.
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`2.
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`-ii-
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`HTC Exhibit 1008
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`Appendix A
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`Appendix B
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`Appendix C
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`Appendix D
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`Appendix E
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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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`
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`List of Appendices
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`Curriculum Vitae of Christopher Schmandt
`Alan Marr, Computer Aided Film Sound Editing, Aug. 27, 1984
`James Moorer et al., The Digital Audio Processing Station: A
`New Concept in Audio Postproduction, May 1985
`David M. Schwartz, Specifications and Implementation of a
`Computer Audio Console for Digital Mixing and Recording,
`Oct. 1984
`John P. Stautner, Musical Recording, Editing, and Production
`Using the CompuSonics DSP-2000, Oct. 1984
`U.S. Pat. No. 6,147,940 to Yankowski
`Excerpt from Christopher Yavelow, MacWorld Music & Sound
`Bible (1992)
`Deb Kumar Roy, NewsComm: A Hand-held Device for
`Interactive Access to Structured Audio, June 1995
`Matthew Lake & Yael Li-Ron, Sight and Sound: Multimedia,
`PC Computing, Sept. 1995
`Fujitsu, Stylistic 1200 Pen Tablet User’s Guide, 1997
`U.S. Pat. No. 5,983,073 to Ditzik
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`Appendix L
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`Provisional U.S. Pat. App. No. 60/051,999, filed July 9, 1997
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`Appendix M
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`Appendix N
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`Non-provisional U.S. Pat. App. No. 09/111,989, filed July 8,
`1998
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`Comparison between the ‘999 Provisional and the ‘989 Non-
`Provisional Applications
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`Appendix O
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`Appendix P
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`[Not Used]
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`[Not Used]
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`-iii-
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`HTC Exhibit 1008
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`Appendix Q
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`Appendix R
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`Appendix S
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`Excerpt from Mark K. Jones, Human-Computer Interaction: a
`design guide (1988)
`IBM ThinkPad 755CX User's Guide, March 1995
`Creative Labs, Sound Blaster 16 Getting Started, May 1995
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`-iv-
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`HTC Exhibit 1008
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`

`

`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`
`I.
`
`INTRODUCTION
`1. My name is Christopher Schmandt. I have been a Principal Research
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`Scientist at the Massachusetts Institute of Technology Media Laboratory (“MIT
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`Media Lab”) since 1985.
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`2.
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`I have been engaged by HTC America, Inc. and HTC Corporation
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`(“HTC”) to investigate and opine on certain issues relating to U.S. Patent No.
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`7,817,502 B2 entitled “Method of Using a Personal Digital Stereo Player” (“502
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`Patent”) in HTC’s Petition for Inter Partes Review of the 502 Patent (“HTC IPR
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`Petition”) which requests the Patent Trial and Appeal Board (“PTAB”) to review
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`and cancel selected claims of the 502 Patent—claims 1, 2, 14, 20 and 43-47
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`(“Challenged Claims”). I have also been engaged by HTC to investigate and opine
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`on certain issues relating to four other patents in the same family as the 502
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`Patent— U.S. Patent Nos. 6,587,403 B1, 7,289,393 B2, 7,933,171 B2, and
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`8,400,888 B2 in additional petitions for inter partes review by HTC. I understand
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`that Advanced Audio Devices, LLC are asserting all five patents against HTC
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`America, Inc. in an on-going patent infringement lawsuit, No. 1:13-cv-07582, filed
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`in the U.S. District Court, Northern District of Illinois, Eastern Division, on Oct.
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`22, 2013.
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`3.
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`I understand that the 502 Patent was assigned to Advanced Audio
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`Devices, LLC (“AAD”). AAD is therefore referred to as the “Patent Owner” in
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`this declaration.
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`4.
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`In this declaration, I will first discuss the technology related to the 502
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`Patent, including an overview of that technology as it was known before July 9,
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`1997, which I understand Patent Owner AAD claims as the earliest priority date of
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`the 502 Patent. This overview of the relevant technology and the prior art
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`references provides some of the bases for my opinions with respect to the 502
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`Patent.
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`5.
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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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`6.
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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 502 Patent, the prosecution history of
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`the 502 Patent, and prior art references including International Patent Application
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`Publication No. WO/1996/12259 to Nathan et al. and its Certified Translation
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`(“Nathan 259”), International Patent Application Publication No. WO/1996/12255
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`to Nathan et al. and its Certified Translation (“Nathan 255”), Sound Blaster 16
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`User Reference Manual, 1st Ed. March 1994 (“Sound Blaster”), European Patent
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`2
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`Application Publication No. 0598547 A2 (“Lucente”), U.S. Pat No. 5,870,710 to
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`Kazunori Ozawa et al. (“Ozawa”), and U.S. Patent No. 5,333,116 to Jeff C.
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`Hawkins et al. (“Hawkins”) listed as Exhibits as part of the HTC IPR Petition. I
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`have also relied on my own experience and expertise in the relevant technologies
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`and systems that were already in use prior to, and within the timeframe of the
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`earliest claimed priority date of the 502 Patent—July 9, 1997.
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`II.
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`SUMMARY OF OPINIONS
`7.
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`The Challenged Claims 1, 2, 14, 20 and 43-47 of the 502 Patent cover
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`a recording device, referred to as a “personal digital stereo audio player,” having
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`various hardware and software features associated with recording sound files.
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`None of the features described in the Challenged Claims of the 502 Patent was
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`novel as of July 1997, nor does the 502 Patent teach a novel and non-obvious way
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`of combining these known features.
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`8.
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`It is my opinion that each of the Challenged Claims is invalid under
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`the patentability standards of 35 U.S.C. §§ 102 and/or 103 as I understand them
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`and as explained to me by HTC’s counsel.
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`9.
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`For purpose of my analysis in this declaration only, I provide my
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`proposed construction of certain terms in the Challenged Claims in detail in a later
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`part of this declaration.
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`10. The subsequent sections of this declaration will first provide my
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`3
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`qualifications and experience and then describe details of my analysis and
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`observations.
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`III. QUALIFICATIONS AND EXPERIENCE
`A. Education and Work Experience
`11.
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`I received a Master of Science degree in 1980 and a Bachelor of
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`Science degree in Computer Science from the Massachusetts Institute of
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`Technology in 1978.
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`12.
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`I have more than thirty four years of experience in the field of Media
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`Technology that synthesizes and integrates different technological disciplines such
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`as digital audio recording and user interface design with digital computing
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`technology. I have published over 90 technical papers that have been cited by
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`scientists and engineers in their publications more than 3,000 times.
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`13.
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`I have worked at the MIT Media Lab and its predecessor, the
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`Architecture Machine Group, since 1980. I helped found the MIT Media Lab. I
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`have been a Principal Research Scientist and Director of the Speech + Mobility
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`(formerly Speech Interfaces) Group there. I have served on the Laboratory
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`Committee on Intellectual Property at MIT since 2001 and was of chair of that
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`committee between 2003 and 2007.
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`14. During my career I have taught and supervised theses and students on
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`many aspects of Media Technology. I have led research on speech and auditory
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`4
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`computer user interfaces, mobile and networked applications of digital audio, and
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`location-based delivery of personalized media content. I was elected to the
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`Association of Computing Machinery’s CHI (Computer Human Interaction)
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`Academy for my pioneering work in speech and auditory user interface design.
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`15. My curriculum vitae, which provides a detailed summary of my
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`education, work experience, publication history, and teaching history, is attached
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`to this declaration as Appendix A.
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`B. Compensation
`16.
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`I am being compensated at the rate of $400 per hour for the services I
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`am providing in this and other HTC IPR petitions. The compensation is not
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`contingent upon my performance, the outcome of this inter partes review or any
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`other proceedings, or any issues involved in or related to this inter partes review or
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`any other proceedings.
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`C. Documents and Other Materials Relied Upon
`17. 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 the
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`502 Patent, patents related to the 502 Patent, the prosecution history for the 502
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`Patent and other patents related to the 502 Patent, the prior art references and
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`information discussed in this declaration, and any other references specifically
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`identified in this declaration, in their entirety, even if only portions of these
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`5
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`documents are discussed here in an exemplary fashion.
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`IV. STATEMENT OF LEGAL PRINCIPLES
`A. Claim Construction
`18. HTC’s counsel has advised 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 construction in light of the specification of the patent in which it
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`appears.” HTC’s counsel has further informed me that the broadest reasonable
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`construction is the broadest reasonable interpretation (BRI) of the claim language,
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`and that any term that lacks a definition in the specification is also given a broad
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`interpretation.
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`B. Anticipation
`19. HTC’s counsel has advised that in order for a patent claim to be valid,
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`the claimed invention must be novel. HTC’s counsel has further advised that if
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`each and every element of a claim is disclosed in a single prior art reference, then
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`the claimed invention is anticipated, and the invention is not patentable according
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`to pre-AIA 35 U.S.C. § 102 effective before March 16, 2013. In order for the
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`invention to be anticipated, all of the elements and limitations of the claim must be
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`shown in a single prior reference, arranged as in the claim. A claim is anticipated
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`only if each and every element as set forth in the claim is found, either expressly or
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`inherently described, in a single prior art reference. In order for a reference to
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`6
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`inherently disclose a claim limitation, that claim limitation must necessarily be
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`present in the reference.
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`C. Obviousness
`20. HTC’s counsel has also advised me that obviousness under pre-AIA
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`35 U.S.C. § 103 effective before March 16, 2013 is a basis for invalidity. I
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`understand that where a prior art reference does not disclose all of the limitations
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`of a given patent claim, that patent claim is invalid if the differences between the
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`claimed subject matter and the prior art reference are such that the claimed subject
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`matter as a whole would have been obvious at the time the invention was made to a
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`person having ordinary skill in the relevant art. Obviousness can be based on a
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`single prior art reference or a combination of references that either expressly or
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`inherently disclose all limitations of the claimed invention. In an obviousness
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`analysis, it is not necessary to find precise teachings in the prior art directed to the
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`specific subject matter claimed because inferences and creative steps that a person
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`of ordinary skill in the art would employ can be taken into account.
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`V. LEVEL OF ORDINARY SKILL IN THE ART
`21.
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`I understand from HTC’s counsel that the claims and specification of
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`a patent must be read and construed through the eyes of a person of ordinary skill
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`in the art at the time of the priority date of the claims. I have also been advised
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`that to determine the appropriate level of a person having ordinary skill in the art,
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`7
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`the following factors may be considered: (a) the types of problems encountered by
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`those working in the field and prior art solutions thereto; (b) the sophistication of
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`the technology in question, and the rapidity with which innovations occur in the
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`field; (c) the educational level of active workers in the field; and (d) the
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`educational level of the inventor.
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`22. The relevant technologies to the 502 Patent are audio recording and
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`playback devices. The 502 Patent describes an audio recording device which is
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`designed to allow a user to rearrange and preview (or “audition”) an arrangement
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`of individual sound recordings before recording those sounds onto CD.
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`23. The “Background of the Invention” section of the 502 Patent
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`recognized the desire to have a device that could record CDs with the sound
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`quality provided by digital audio and that would be easy to use and flexible.
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`24. The solutions proposed by the 502 Patent largely consist of Software
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`and user interface elements to control a CD recorder. Therefore, a person of
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`ordinary skill in the art would need some experience in Computer programming.
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`Because the claims of the 502 Patent also relate to the way that a computer-
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`controlled system is used to manage, play back and record audio, a person of
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`ordinary skill in the art would require some knowledge and experience with digital
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`audio technology.
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`25. Based on the above considerations and factors, it is my opinion that a
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`8
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`person having ordinary skill in the art would have at least a bachelor’s degree in
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`electrical engineering, computer science, or equivalent, and 1-3 years of experience
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`in designing and programming consumer electronic devices. This person would
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`also be acquainted with basic concepts of digital audio recording. This description
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`is approximate and additional educational experience could make up for less work
`
`experience and vice versa.
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`VI. TECHNOLOGY BACKGROUND OF CLAIMED SUBJECT
`MATTER OF THE 502 PATENT
`A. Digital Audio Recording
`26. The 502 Patent discloses a compact disc (“CD”) recorder 30 for
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`recording digital audio files onto CDs as shown in its Figs. 1 through 4. Whether
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`calling the disclosed CD recorder 30 as “Compact Disc Recorder,” “Optical
`
`Storage Device,” “Music Jukebox,” or “Personal Digital Stereo Player” as the
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`Patent Owner did in using different titles for the 502 Patent and other four related
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`patents asserted against HTC as continuation filings from the same parent U.S.
`
`patent application Ser. No. 09/111,989 entitled “Optical Storage Device” and filed
`
`Jul. 8, 1998,1 the technology of the 502 Patent and its four child patents is the same
`
`
`1 The beginning paragraph “RELATED APPLICATION” of the 502 Patent states
`that “This application is a continuation of U.S. patent application Ser. No.
`10/610,178, filed on Jun. 30, 2003, which is a continuation of U.S. patent
`application Ser. No. 09/641,069, filed Aug. 17, 2000, which is a contination [sic]
`
`9
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`as disclosed in the Jul. 8, 1998 filing: the CD recorder 30 stores digital sound
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`tracks into internal memory so that a user can play back and edit the order of the
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`sound tracks prior to recording the sound tracks onto a CD (4:29-49). The engine
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`of the CD recorder 30 is the central processing unit 94 shown in Fig. 4, such as a as
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`a microprocessor having software embedded therein, is incorporated on a circuit
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`board along with a sound card (CODEC) structure (7:62-8:8). Therefore, the 502
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`Patent and its four child patents are for digital audio recording based on
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`microprocessors or computer processors. As explained below, the digital audio
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`recording features disclosed in the 502 Patent were well developed before the
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`filing of the 502 Patent.
`
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`of U.S. patent application Ser. No. 09/111,989, filed on Jul. 8, 1998, which claims
`the benefit of U.S. Provisional Application No. 60/051,999, filed on Jul. 9, 1997.”
`
`The title of the U.S. Provisional Application No. 60/051,999 is “Compact Disc
`Recorder” and the title of the U.S. patent application Ser. No. 09/111,989 is
`“Optical storage device.” In subsequent patent filings based on the same technical
`disclosure, Patent Owner named different titles to the 502 Patent and its four
`related patents asserted against HTC: “Music Jukebox” for Patent No. 6,587,403,
`“Music Jukebox” for Patent No. 7,289,393 B2, “Method of Using A Personal
`Digital Stereo Player” for the 502 Patent, “Personal Digital Stereo Player” for
`Patent No. 7,933,171 B2, and “Personal Digital Stereo Player Having
`Controllable Touch Screen” for Patent No. 8,400,888 B2.
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`10
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`HTC Exhibit 1008
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`

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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`
`27. By the early 1980s, computers and microprocessors were being used
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`to store and manipulate digital audio. Once audio is digital and stored in random
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`access memory, the stored audio data can be processed and copied without loss of
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`quality, and segments of sound can be played in any order. One of the earliest (ca.
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`1982) application domains was digital editing of recorded speech. During editing,
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`portions of sound are cut, copied, pasted, and re-recorded. Because sound files
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`were relatively large in those days, these editing operations were often performed
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`by building a list of sound segments (file name, start time, stop time) to be played
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`in order, instead of rewriting files to disk with each edit operation. This is an early
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`example of a playlist.
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`28.
`
` Within a few years, these same techniques were being applied to
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`higher quality audio, including music, with more sophisticated editing and signal
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`processing, in high end- sound editors for the movie industry. An essential
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`component of such systems is the digital audio recorder, with which sound input is
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`captured, digitized, and stored on magnetic disk; only then can it be edited. This
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`capability was embraced by professional musicians and studios, including digital
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`music sequencing (the ability to play portions of music repeatedly in various
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`sequences) and integration with other instruments through MIDI, another digital
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`means of representing music.
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`29. For example, Lucasfilm, the production company best known for the
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`11
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`HTC Exhibit 1008
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`

`

`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`“Star Wars” and “Indiana Jones” movies, used a playlist-based editing system
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`called SoundDroid to digitally edit the sound track for a film. I observed the
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`SoundDroid in use in the early 1980s. The SoundDroid stored a wide range of
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`sounds- everything from sound effects to dialog to the musical score- as digital
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`sound files in a large database that could be accessed by the sound editors from a
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`workstation using a number of traditional controls and input devices as well as a
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`touch screen. The sound editor could build the sound track for the movie by
`
`creating an electronic cue sheet, which is simply a list of what sounds are to be
`
`played when and on what channels. When you watch “The Empire Strikes Back”
`
`or “Indiana Jones and the Temple of Doom,” the sound you hear throughout the
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`movie was originally put together as a playlist of digital sound files stored in
`
`random access memory in the system. Attached to this declaration as Appendices
`
`B and C respectively are two papers by Alan Marr et al (1984) and James Moorer
`
`et al (1986) describing the digital sound editing systems used by Lucasfilm.
`
`30. The playlist concept was also frequently applied to digital sound
`
`editing consoles for music production. Examples of such products were made by
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`the CompuSonics Corporation in the mid-1980s for professional use, as well as a
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`scaled-down version for home use. The CompuSonics system included a music
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`filing system that allowed the user to append notes (such as artist names, session
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`titles, date/time, etc.) to any sound track and recall tracks from random access
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`12
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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`memory in the order specified by a “re-programmable album order,” which is a
`
`playlist. Attached to this declaration as Appendices D and E respectively are two
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`articles by David M. Schwartz (1984) and John P. Stautner (1984) describing the
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`CompuSonics system and the list editing functions it included.
`
`31. With the emergence of the mp3 (short for MPEG, layer 3) audio
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`compression standard developed by the Fraunhofer Institute in 1993, consumer-
`
`grade recording and storage became commonplace, and users with large collections
`
`of CDs would “rip” them (store the digital data on the computer disk) to
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`manipulate as playlists and transfer to various portable devices.
`
`B.
`Playlists/Song Lists
`32. The 502 Patent discloses song lists in, e.g., Figs. 7, 8 and 12. Listing,
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`organizing and showing available songs in song lists were well developed before
`
`the filing of the 502 Patent. For example, various digital audio recording and
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`playback devices used song lists or playlists long before the earliest claimed
`
`priority date of the 502 Patent.
`
`33. During the second half of the 1980s, the Compact Audio Disc (CD)
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`became a readily available consumer product. Unlike the earlier videodisc, CDs
`
`stored high quality audio (speech or music) digitally, and on a random access
`
`medium. Because the individual songs could be accessed randomly instead of only
`
`sequentially or serially (as with analog or digital audio tape), the CD player could
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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`quickly skip to the next track, repeat the current track, or play tracks in random
`
`order (“shuffle play”). CD players capable of loading multiple CDs could be
`
`programmed to play a large number of songs in whatever sequence the listener
`
`desired. For example, U.S. Patent No. 6,147,940, attached to this declaration as
`
`Appendix F, teaches a CD changer system which uses a central database
`
`containing information about all of the discs in the system and the tracks on each
`
`disc, and allows the user to create playlists for playing back tracks from multiple
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`discs in a selected order.
`
`34. Simplified playlist controls for use on a personal computer were well
`
`known several years before the earliest claimed priority date of the 502 Patent. For
`
`example, the 1992 “MacWorld Music & Sound Bible” by Christopher Yavelow
`
`describes a program called SoundAccess, available for hypercard stacks on Apple
`
`Macintosh PCs, that included the capability to put together “cue lists,” or “lists of
`
`soundfiles to be played back in the order you specify.” The same program
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`included playback controls that allowed the user to play or stop a list and jump
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`forward or backward through the list:
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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
`
`
`
`
`35. Attached as Appendix G is an excerpt from Yavelow's book.
`
`36. After Fraunhofer released the MP3 compression standard, Fraunhofer
`
`released several versions of a player program for Windows operating systems,
`
`called WinPlay3, which was specifically designed to play back MP3s. Archived
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`versions of this software are available on the internet. See
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`15
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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`http://web.archive.org/web/20040818092820/www.rjamorim.com/rrw/winplay3.ht
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`ml. Version 1.4 of the WinPlay3 software, which was released no later than March
`
`of 1996, includes the ability to play back playlist files, which ended in a .m3u file
`
`extension. M3U files were simple text files containing a list of paths to MP3 files,
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`and a user could create a playlist by adding, rearranging, or deleting files in a
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`simple text editor:
`
`
`
`
`
`
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`DECLARATION OF CHRISTOPHER SCHMANDT
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,817,502 B2
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`C. User Interfaces for Audio Recording and Playback Devices
`37. The 502 Patent discloses buttons on the front panel of the CD recorder
`
`in Figs. 1-2 to receive user operation or control inputs and a digital graphic display
`
`46, also shown in Figs. 1-2, to display information to a user for auditioning,
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`viewing, organizing or other operations on the stored songs, as shown in the
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`operation screen displays in Figs. 7-23. Such user interface features were well
`
`developed before the filing of the 502 Patent.
`
`38. Before the digital audio on CDs or other digital storage allowing for
`
`random access to replace the conventional sequential access, consumers and audio
`
`professionals were used to operating tape decks as sequential access data storage,
`
`and these had rapidly settled on well-known button labels to represent the transport
`
`functions such as play, record, fast forward, and rewind. With multiple vendors
`
`using the same symbols, it was easier for consumers to learn to use the equipment.
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`Therefore it was not surprising that when computer applications for digital audio
`
`appeared, they tended to use the same symbols, now as “icons” on “buttons” on
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`screen-based user interfaces. For example, the operation symbol “>>“ for “fast
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`forward” in tape operation for fast rotating the tape to reach a desired data or music
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`segment or file stored in the tape has been retained in digital CD players and other
`
`digital players to mean to jump to the desired data or music segment or file by
`
`random access even though there is no longer “fast forward” rotating of the CD or
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`17
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`DECLARATION O