United States District Court
`Western District of Texas
`Austin Division
`
`
`
`
`
`Affinity Labs of Texas, LLC,
`
`
`
` Plaintiff,
`
`
`
` v.
`
`Netflix, Inc.
`
`
`
` Defendant.
`
`
`
`
`
`Case No. 1:15–cv-00849–RP
`
`Jury Trial Demanded
`
`Affinity Lab’s Identification of Asserted Claims and
`Initial and Preliminary Infringement Contentions
`for U.S. Patent No. 9,444,868
`
`Plaintiff Affinity Labs of Texas, LLC (“Affinity Labs”) serves the following
`
`identification of asserted claims and initial infringement contentions for U.S. Patent No.
`
`9,44,868 (“the ’868 patent”) pursuant to the Court’s September 21, 2016 Order (D.I. 59).
`
`Affinity Labs’ identification of asserted claims and initial infringement contentions
`
`(hereinafter, “Initial Contentions”) are provided subject to the limitations described below.
`
`Affinity Labs submits these Initial Contentions at the beginning of fact discovery,
`
`before receiving a claim construction order and before expert discovery. To date, Netflix has
`
`failed to produce documents sufficient to understand the full operation of the Netflix on-
`
`demand Internet streaming media service. Affinity Labs bases these Initial Contentions
`
`upon publicly available information and hereby incorporates in full the allegations set forth
`
`in its First Amended Complaint (D.I. 60). As set forth in Federal Rule of Civil Procedure
`
`26(e), Affinity Labs reserves the right to amend, modify, or supplement its Initial
`
`Contentions. Affinity Labs further reserves the right to supplement its Initial Contentions
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`following the construction of relevant claim terms and/or other relevant order(s) by the
`
`Court. Affinity Labs will marshal evidence and provide expert analysis proving Netflix’s
`
`infringement on an element-by-element basis as set forth in the Court’s scheduling order for
`
`discovery and expert discovery.
`
`Citations to particular documents or portions of documents in these Initial
`
`Contentions are merely representative for the purposes of providing notice of Netflix’s
`
`infringement at this early stage of the litigation and should not be construed as limiting in
`
`any way. Nothing in these Initial Contentions therefore should be construed to limit
`
`discovery to any particular or specific media systems and/or methods Netflix may have
`
`made, used, offered for sale, sold in the United States or imported into the United States.
`
`Statements made herein are not intended as admissions regarding the meaning of any claim
`
`term of the ’868 patent. Furthermore, statements made herein are not an admission that any
`
`unidentified (or unknown) aspect(s) of Netflix’s streaming media systems and/or methods
`
`do not infringe the asserted claims.
`
`Asserted Claims
`
`Affinity Labs alleges that each and every claim element of claims 1-13 of the ’868
`
`patent is infringed, directly or indirectly, either literally or under the doctrine of equivalents.
`
`As set forth in the First Amended Complaint (D.I. 60), Netflix infringes claims 1-13 of
`
`the ’868 patent because Netflix, by itself or together with its subsidiaries, manufactures,
`
`offers to sell, sells, uses, distributes, and/or services systems covered by the ’868 patent,
`
`including but not limited to, the Netflix on-demand Internet streaming media service,
`
`and/or further, Netflix contributes to and induces its customers to infringe because Netflix
`
`advertises and instructs its end users and subscribers to stream Netflix’s media library in a
`
`2
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`manner that directly infringes the ’868 patent, and because the Netflix on-demand Internet
`
`streaming media service is especially adapted to infringe the ’868 patent and there are no
`
`substantial non-infringing uses. As such, Netflix is liable for infringement under 35 U.S.C.
`
`§ 271(a), (b), & (c).
`
`Affinity Labs bases these Initial Contentions on information presently known, publicly
`
`available, and accessible with reasonable diligence, as well as information and belief.
`
`Information regarding the physical structure and software operation of the identified
`
`applications and services comprises information purportedly proprietary and/or confidential
`
`to Netflix Inc., and which is not available to Affinity Labs. Affinity Labs contends that
`
`Netflix Inc. infringes U.S. Patent No. 9,444,868 by making, using, offering for sale, selling,
`
`or importing into the United States the Netflix on-demand Internet streaming media service,
`
`as implemented via the Netflix applications and web interfaces.1
`
`Cl. [1.pre]: A media system, comprising:
`
`Claim 1
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system.2 For instance, Netflix enables a
`
`user to choose a media for delivery from a menu of options, as shown below.
`
`
`1 Netflix is available on any Internet-connected device that offers a Netflix app, such as a
`computer, gaming console, DVD or Blu-ray player, HDTV, set-top box, home theater
`system, phone or tablet. See Netflix Supported Devices, https://devices.netflix.com/en_us/.
`Additionally, Netflix on-demand service is available on over 1400 different device/OS
`permutations. See http://techblog.netflix.com/2015/06/nts-real-time-streaming-for-
`test.html.
`2 See, e.g., How does Netflix Work?, https://help.netflix.com/en/node/412?tnid=412.
`3
`
`
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`
`
`
`
`
`
`
`
`Cl. [1.a]: a plurality of independent segment files, wherein a given segment file
`of the plurality of independent segment files has a given format and a different
`segment of the plurality of independent segment files has a different format,
`further wherein the given format facilitates an outputting of information in the
`given segment file at a given rate that is different than a rate associated with the
`different format;
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system that includes a plurality of
`
`independent segment files, wherein a given segment file of the plurality of independent
`
`segment files has a given format and a different segment of the plurality of independent
`
`segment files has a different format, further wherein the given format facilitates an
`
`outputting of information in the given segment file at a given rate that is different than a rate
`
`associated with the different format. For example, Netflix maintains its streaming media
`
`
`
`4
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`library for “watching movies or TV shows” at different video qualities or resolutions. The
`
`“Low” setting streams content at approximately 0.3 GB per hour, the “Medium” setting
`
`streams standard definition “SD” content at approximately 0.7 GB per hour, the “High”
`
`setting streams high definition “HD” content and ultra high definition “Ultra HD” content
`
`at approximately 3 to 7 GB per hour, and the “Auto” setting “[a]djusts automatically to
`
`deliver the highest possible quality, based on your current Internet connection speed.”3
`
`
`
`
`3 How can I control how much data Netflix uses?, Netflix, Inc.,
`https://help.netflix.com/en/node/87; see also How do I manage mobile data usage on Netflix?,
`Netflix, Inc., https://help.netflix.com/en/node/43701.
`5
`
`
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`Further, Netflix representative Mark Watson has explained that “[w]e believe
`
`Adaptive HTTP Streaming is the technology of choice for video streaming on the Internet.”
`
`Mark Watson, Netflix, Inc., Adaptive HTTP streaming and HTML5, W3C Web and TV
`
`Workshop, 8-9 February 2011, available at www.w3.org/2010/11/web-and-
`
`tv/papers/webtv2_submission_62.pdf.
`
`In Adaptive Bitrate (ABR) HTTP streaming, the source video – whether a live
`stream or a file – is encoded into discrete file segments known as ‘fragments’
`or ‘chunks.’ The contents of these fragment files can include video data, audio
`data or such other data such as subtitles, program information or other
`metadata. . . . A sequence of fragments is called a ‘profile.’ The same content
`may be represented by different profiles that may differ in bitrate, resolution,
`codecs or codec profile/level.
`
`. . .
`
`As the name suggests, adaptive delivery enables a client to ‘adapt’ to varying
`network conditions by selecting video fragments from profiles that are better
`suited to the conditions at that moment. Computing the available network
`bandwidth is easily accomplished by the client, which compares the
`download time of a fragment with its size. Using a list of available profile
`bitrates (or resolutions or codecs), the client can determine if the bandwidth
`available
`is sufficient for
`it to download fragments from a higher
`bitrate/resolution profile or if it needs to change to a lower bitrate/resolution
`profile. This list of available profiles is called a ‘manifest’ or ‘playlist.’ The
`client can quickly adapt to fluctuating bandwidth – or other network
`conditions – every few seconds as it continually performs bandwidth
`calculations at each fragment download. Local CPU load and the client’s
`ability to play back a specific codec or resolution are factors – in addition to
`available bandwidth – that may affect the client’s choice of profile.”
`
`See Yuval Fisher, An Overview of HTTP Adaptive Streaming Protocols for TV Everywhere Delivery,
`
`2014, available at http://www.nctatechnicalpapers.com/Paper/2014/2014-an-overview-of-
`
`http-adaptive-streaming-protocols-for-tv-everywhere-delivery. Describing HTTP adaptive
`
`streaming, Mr. Watson further states:
`
`
`
`6
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`
`
`See Mark Watson, Netflix, Inc., Adaptive HTTP streaming and HTML5, W3C Web and TV
`
`Workshop, 8-9 February 2011, available at www.w3.org/2010/11/web-and-
`
`tv/papers/webtv2_submission_62.pdf.
`
`Cl. [1.b]: a playlist that comprises a list, and the list includes a first URL for the
`given segment file and a different URL for the different segment file;
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`
`
`
`
`third parties) makes, uses, and maintains a media system that uses a manifest that comprises
`
`a list and includes a first URL for the given segment file and a different URL for the
`
`different segment file.
`
`
`
`7
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`See, e.g., Mark Watson, Netflix, Inc., Adaptive HTTP streaming and HTML5, W3C Web and
`
`TV Workshop, 8-9 February 2011, available at www.w3.org/2010/11/web-and-
`
`tv/papers/webtv2_submission_62.pdf.
`
`
`
`In Adaptive Bitrate (ABR) HTTP streaming, the source video – whether a live
`stream or a file – is encoded into discrete file segments known as ‘fragments’
`or ‘chunks.’ The contents of these fragment files can include video data, audio
`data or such other data such as subtitles, program information or other
`metadata. . . . A sequence of fragments is called a ‘profile.’ The same content
`may be represented by different profiles that may differ in bitrate, resolution,
`codecs or codec profile/level.
`
`. . .
`
`As the name suggests, adaptive delivery enables a client to ‘adapt’ to varying
`network conditions by selecting video fragments from profiles that are better
`suited to the conditions at that moment. Computing the available network
`bandwidth is easily accomplished by the client, which compares the
`download time of a fragment with its size. Using a list of available profile
`bitrates (or resolutions or codecs), the client can determine if the bandwidth
`available
`is sufficient for
`it to download fragments from a higher
`bitrate/resolution profile or if it needs to change to a lower bitrate/resolution
`profile. This list of available profiles is called a ‘manifest’ or ‘playlist.’ The
`client can quickly adapt to fluctuating bandwidth – or other network
`conditions – every few seconds as it continually performs bandwidth
`calculations at each fragment download. Local CPU load and the client’s
`ability to play back a specific codec or resolution are factors – in addition to
`available bandwidth – that may affect the client’s choice of profile.”
`
`
`
`8
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`

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`See Yuval Fisher, An Overview of HTTP Adaptive Streaming Protocols for TV Everywhere Delivery,
`
`2014, available at http://www.nctatechnicalpapers.com/Paper/2014/2014-an-overview-of-
`
`http-adaptive-streaming-protocols-for-tv-everywhere-delivery.
`
`
`
`
`Cl. [1.c]: a network-based communication system operable: to distribute media
`content to a remotely located requesting device;
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system includes a network-based
`
`communication system operable to distribute media content to a remotely located
`
`requesting device. End users and subscribers use the Netflix on-demand Internet streaming
`
`media service to watch Netflix’s movie and television media library on any Internet-
`
`connected device that offers a Netflix application, such as a computer, gaming console,
`
`DVD or Blu-ray player, HDTV, set-top box, home theater system, phone, or tablet. For
`
`example, Netflix advertises that its users can “connect to Netflix using your favorite
`
`devices,” including on Smart TVs, Streaming Media Players, Game Consoles, Set-top
`
`Boxes, Blu-ray Players, Smartphones & Tablets, and PCs & Laptops.4
`
`Cl. [1.d]: to receive an HTTP communication from the remotely located
`requesting device that indicates a desire to access the available media;
`
`
`
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system to receive an HTTP
`
`communication from the remotely located requesting device that indicates a desire to access
`
`the available media. Netflix advertises on its homepage that users can “Watch Anywhere,”
`
`including “on your TV” using Smart TVs, Playstation, Xbox, Chromecast, Apple TV, and
`
`Blu-ray players; “on the go” using iPhone, iPad, Android phones and tablets, and Windows
`
`
`4 See Netflix Supported Devices, Netflix, Inc., https://devices.netflix.com.
`9
`
`
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`phones and tablets; or using “any computer” on Netflix.com.5 When an end user selects an
`
`episode of the show Portlandia using Netflix’s streaming media system, a series of HTTP
`
`communications are sent to request a stream of the media.
`
`
`
`Cl. [1.e]: to send information representing the playlist to the remotely located
`requesting device;
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`
`
`
`
`third parties) makes, uses, and maintains a media system to send information representing
`
`the playlist to the remotely located requesting device. In the example above, after an end
`
`
`5 https://www.netflix.com.
`
`
`
`10
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`user selects an episode of the show Portlandia, the user’s device receives the manifest from
`
`Netflix and sends a series of GET requests for specific segments of the video stream.
`
`
`
`
`
`See Mark Watson, Netflix, Inc., Adaptive HTTP streaming and HTML5, W3C Web and TV
`
`Workshop, 8-9 February 2011, available at www.w3.org/2010/11/web-and-
`
`tv/papers/webtv2_submission_62.pdf.
`
`
`
`11
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`Cl. [1.f]: to send information representing the given segment file to the remotely
`located requesting device; and, to send information representing the different
`segment file to the remotely located requesting device; and
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`
`
`third parties) makes, uses, and maintains a media system to send information representing
`
`the given segment file to the remotely located requesting device and , to send information
`
`representing the different segment file to the remotely located requesting device. For
`
`example, Netflix maintains its streaming media library for “watching movies or TV shows”
`
`at different video qualities or resolutions. The “Low” setting streams content at
`
`approximately 0.3 GB per hour, the “Medium” setting streams standard definition “SD”
`
`content at approximately 0.7 GB per hour, the “High” setting streams high definition “HD”
`
`content and ultra high definition “Ultra HD” content at approximately 3 to 7 GB per hour,
`
`and the “Auto” setting “[a]djusts automatically to deliver the highest possible quality, based
`
`on your current Internet connection speed.”6
`
`
`6 How can I control how much data Netflix uses?, Netflix, Inc.,
`https://help.netflix.com/en/node/87; see also How do I manage mobile data usage on Netflix?,
`Netflix, Inc., https://help.netflix.com/en/node/43701.
`12
`
`
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`
`
`Cl. [1.g]: a plurality of remote devices configured to request media, wherein each
`of the plurality of remote devices comprises: (1) an internal memory system; (2) a
`collection of instructions stored in the internal memory system that is operable
`when executed to utilize information representing the playlist, to request a
`streaming delivery of the information representing the given segment file, and to
`request a streaming delivery of the information representing the different segment
`file; and (3) a buffer configured to output the information representing the given
`segment file at the given rate and to output information representing the different
`segment file at the rate, which is different than the given rate.
`
`
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system that includes a plurality of remote
`
`devices configured to request media, wherein each of the plurality of remote devices
`
`comprises: (1) an internal memory system; (2) a collection of instructions stored in the
`
`
`
`13
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`internal memory system that is operable when executed to utilize information representing
`
`the playlist, to request a streaming delivery of the information representing the given
`
`segment file, and to request a streaming delivery of the information representing the
`
`different segment file; and (3) a buffer configured to output the information representing the
`
`given segment file at the given rate and to output information representing the different
`
`segment file at the rate, which is different than the given rate.
`
`Netflix works with device manufacturers, such as “global TV manufacturers,” to
`
`preinstall software to operate its media delivery system on end user devices, such as Smart
`
`TVs, among other devices, before the end user receives the device.7 Additionally, Netflix
`
`instructs its users how to use its media delivery system on end user devices, such as
`
`smartphones, tablets, PCs, and laptops, by downloading an application or by using
`
`Netflix.com.8
`
`
`7 Netflix Recommended TVs, Netflix, Inc.,
`https://devices.netflix.com/en/recommendedtv/2016/; see also Netflix Supported Devices,
`Netflix, Inc., https://devices.netflix.com.
`8 See Netflix Supported Devices, Netflix, Inc., https://devices.netflix.com.
`14
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`
`
`
`
`These devices include (1) an internal memory system; (2) a collection of instructions
`
`stored in the internal memory system that is operable when executed to utilize information
`
`representing the playlist, to request a streaming delivery of the information representing the
`
`given segment file, and to request a streaming delivery of the information representing the
`
`different segment file; and (3) a buffer configured to output the information representing the
`
`given segment file at the given rate and to output information representing the different
`
`segment file at the rate, which is different than the given rate. For example, an exemplary
`
`Android phone is the Samsung Galaxy S7 phone, which includes the Android operating
`
`system, v. 6.0 (Marshmallow), 32 or 64 GB of non-volatile memory and 4 GM of RAM
`
`memory, and a CPU for executing a collection of instructions stored therein, such as a
`
`Netflix application.
`
`
`
`15
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`
`
`
`
`See http://www.gsmarena.com/samsung_galaxy_s7-7821.php.
`
`A collection of Netflix instructions are available for Android based remote devices on
`
`Google Play.
`
`
`
`16
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`
`
`See https://play.google.com/store/apps/details?id=com.netflix.mediaclient&hl=en.
`
`Cl. 2: The media system of claim 1, wherein at least one of the plurality of remote
`devices is a portable handheld device having a display, and the available media is a
`video.
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`
`
`third parties) makes, uses, and maintains a media system of claim 1, wherein at least one of
`
`the plurality of remote devices is a portable handheld device having a display, and the
`
`available media is a video. For instance, Netflix advertises on its homepage that users can
`
`
`
`17
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`“Watch Anywhere,” including “on the go” using iPhone, iPad, Android phones and tablets,
`
`and Windows phones and tablets.9
`
`
`
`As shown above in limitation 1.g, these devices have a display.
`
`Cl. 3: The media system of claim 1, wherein the network-based communication
`system is configured to send the given segment file via a streaming delivery.
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`
`
`third parties) makes, uses, and maintains a media system of claim 1, wherein the network-
`
`based communication system is configured to send the given segment file via a streaming
`
`delivery. For instance, when the user selects an episode of Portlandia, the segmented media
`
`
`9 https://www.netflix.com.
`
`
`
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`is sent via streaming delivery.
`
`
`
`Cl. 4: The media system of claim 1, wherein the plurality of independent
`segment files comprise serial component parts of the available media and
`segmenting the available media into the plurality of independent segment files
`facilitates the delivery of the available media to the remotely located requesting
`device via Internet-based communications.
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`
`
`
`
`
`
`
`
`third parties) makes, uses, and maintains a media system of claim 1, wherein the plurality of
`
`independent segment files comprise serial component parts of the available media and
`
`segmenting the available media into the plurality of independent segment files facilitates the
`
`delivery of the available media to the remotely located requesting device via Internet-based
`
`communications. In the example above, after an end user selects an episode of the show
`
`
`
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`Portlandia, the user’s device receives the manifest from Netflix and sends a series of GET
`
`requests for serial segments of the video stream.
`
`
`
`
`
`See, e.g., Mark Watson, Netflix, Inc., Adaptive HTTP streaming and HTML5, W3C Web and
`
`TV Workshop, 8-9 February 2011, available at www.w3.org/2010/11/web-and-
`
`tv/papers/webtv2_submission_62.pdf.
`
`
`
`20
`
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`

`
`In Adaptive Bitrate (ABR) HTTP streaming, the source video – whether a live
`stream or a file – is encoded into discrete file segments known as ‘fragments’
`or ‘chunks.’ The contents of these fragment files can include video data, audio
`data or such other data such as subtitles, program information or other
`metadata. . . . A sequence of fragments is called a ‘profile.’ The same content
`may be represented by different profiles that may differ in bitrate, resolution,
`codecs or codec profile/level.
`
`. . .
`
`As the name suggests, adaptive delivery enables a client to ‘adapt’ to varying
`network conditions by selecting video fragments from profiles that are better
`suited to the conditions at that moment. Computing the available network
`bandwidth is easily accomplished by the client, which compares the
`download time of a fragment with its size. Using a list of available profile
`bitrates (or resolutions or codecs), the client can determine if the bandwidth
`available
`is sufficient for
`it to download fragments from a higher
`bitrate/resolution profile or if it needs to change to a lower bitrate/resolution
`profile. This list of available profiles is called a ‘manifest’ or ‘playlist.’ The
`client can quickly adapt to fluctuating bandwidth – or other network
`conditions – every few seconds as it continually performs bandwidth
`calculations at each fragment download. Local CPU load and the client’s
`ability to play back a specific codec or resolution are factors – in addition to
`available bandwidth – that may affect the client’s choice of profile.”
`
`See Yuval Fisher, An Overview of HTTP Adaptive Streaming Protocols for TV Everywhere Delivery,
`
`2014, available at http://www.nctatechnicalpapers.com/Paper/2014/2014-an-overview-of-
`
`http-adaptive-streaming-protocols-for-tv-everywhere-delivery.
`
`Cl. 5: The media system of claim 1, wherein at least one of the plurality of
`remote devices is a component of a home entertainment system, and the
`available media is a video.
`
`
`
`
`
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system of claim 1, wherein at least one of
`
`the plurality of remote devices is a component of a home entertainment system, and the
`
`available media is a video. For example, Netflix works with device manufacturers, such as
`
`“global TV manufacturers,” to preinstall software to operate its media delivery system on
`
`end user devices, such as Smart TVs, among other devices, before the end user receives the
`
`
`
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`device.10 Additionally, Netflix advertises on its homepage that users can “Watch
`
`Anywhere,” including “on your TV” using Smart TVs, Playstation, Xbox, Chromecast,
`
`Apple TV, and Blu-ray players.11 These devices are components of a home entertainment
`
`system.
`
`
`
`Cl. 6: The media system of claim 1, wherein the plurality of independent
`segment files comprise serial component parts of the available media and a
`formatting of the given segment into the given format encodes the given
`segment to facilitate an outputting of the given segment at the given rate,
`further wherein the formatting occurs prior to sending information
`representing the given segment file to the remotely located requesting device.
`
`
`
`
`
`
`
`
`
`Netflix, by way of its streaming platform (directly or through agents, partners, or other
`
`third parties) makes, uses, and maintains a media system of claim 1, wherein the plurality of
`
`10 Netflix Recommended TVs, Netflix, Inc.,
`https://devices.netflix.com/en/recommendedtv/2016/; see also Netflix Supported Devices,
`Netflix, Inc., https://devices.netflix.com.
`11 https://www.netflix.com.
`
`
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`22
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`independent segment files comprise serial component parts of the available media and a
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`formatting of the given segment into the given format encodes the given segment to facilitate
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`an outputting of the given segment at the given rate, further wherein the formatting occurs
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`prior to sending information representing the given segment file to the remotely located
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`requesting device. For example, Netflix maintains its streaming media library for “watching
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`movies or TV shows” at different video qualities or resolutions. The “Low” setting streams
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`content at approximately 0.3 GB per hour, the “Medium” setting streams standard
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`definition “SD” content at approximately 0.7 GB per hour, the “High” setting streams high
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`definition “HD” content and ultra high definition “Ultra HD” content at approximately 3 to
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`7 GB per hour, and the “Auto” setting “[a]djusts automatically to deliver the highest
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`possible quality, based on your current Internet connection speed.”12
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`12 How can I control how much data Netflix uses?, Netflix, Inc.,
`https://help.netflix.com/en/node/87; see also How do I manage mobile data usage on Netflix?,
`Netflix, Inc., https://help.netflix.com/en/node/43701.
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`In the example above, after an end user selects an episode of the show Portlandia, the
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`user’s device receives the manifest from Netflix and sends a series of GET requests for serial
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`segments of the video stream.
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`See, e.g., Mark Watson, Netflix, Inc., Adaptive HTTP streaming and HTML5, W3C Web and
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`TV Workshop, 8-9 February 2011, available at www.w3.org/2010/11/web-and-
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`tv/papers/webtv2_submission_62.pdf.
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`In Adaptive Bitrate (ABR) HTTP streaming, the source video – whether a live
`stream or a file – is encoded into discrete file segments known as ‘fragments’
`or ‘chunks.’ The contents of these fragment files can include video data, audio
`data or such other data such as subtitles, program information or other
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`metadata. . . . A sequence of fragments is called a ‘profile.’ The same content
`may be represented by different profiles that may differ in bitrate, resolution,
`codecs or codec profile/level.
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`. . .
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`As the name suggests, adaptive delivery enables a client to ‘adapt’ to varying
`network conditions by selecting video fragments from profiles that are better
`suited to the conditions at that moment. Computing the available network
`bandwidth is easily accomplished by the client, which compares the
`download time of a fragment with its size. Using a list of available profile
`bitrates (or resolutions or codecs), the client can determine if the bandwidth
`available
`is sufficient for
`it to download fragments from a higher
`bitrate/resolution profile or if it needs to change to a lower bitrate/resolution
`profile. This list of available profiles is called a ‘manifest’ or ‘playlist.’ The
`client can quickly adapt to fluctuating bandwidth – or other network
`conditions – every few seconds as it continually performs bandwidth
`calculations at each fragment download. Local CPU load and the client’s
`ability to play back a specific codec or resolution are factors – in addition to
`available bandwidth – that may affect the client’s choice of profile.”
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`See Yuval Fisher, An Overview of HTTP Adaptive Streaming Protocols for TV Everywhere Delivery,
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`2014, available at http://www.nctatechnicalpapers.com/Paper/2014/2014-an-overview-of-
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`http-adaptive-streaming-protocols-for-tv-everywhere-delivery.
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`Cl. [7.pre]: A media system, comprising:
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`Claim 7
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`Netflix, by way of its streaming platform (directly or through agents, partners, or other
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`third parties) makes, uses, and maintains a media system. (See, e.g., How does Netflix Work?,
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`https://help.netflix.com/en/node/412?tnid=412.) For instance, Netflix enables a user to
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`choose a media for delivery from a menu of options, as shown below.
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`Cl. [7.a]: a plurality of independent segment files that represent an available
`media, wherein a given segment file of the plurality of independent segment files
`has a given compression format and a different segment file of the plurality of
`independent segment files has a different compression format, further wherein the
`given compression format facilitates an outputting of information in the given
`segment file at a first rate that is different than a second rate associated with the
`different compression format;
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`Netflix, by way of its streaming platform (directly or through agents, partners, or other
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`third parties) makes, uses, and maintains a media system that includes a plurality of
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`independent segment files that represent an available media, wherein a given segment file of
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`the plurality of independent segment files has a given compression format and a different
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`segment file of the plurality of independent segment files has a different compression format,
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`further wherein the given compression format facilitates an outputting of information in the
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`given segment file at a first rate that is different than a second rate associated with the
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`
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`different compression format. For example, Netflix maintains its streaming media library for
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`“watching movies or TV shows” at different video qualities or r