Petitioner Netflix Inc.’s Presentation
`
`Netflix, Inc. v. Affinity Labs of Texas, LLC
`
`IPR2016-01701 & IPR2017-00122
`
`Patent Trial and Appeal Board
`
`United States Patent and Trademark Office
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`1
`
`
`
`Netflix, Inc. v. Affinity Labs of Texas, LLC
`
`IPR2016-01701 & IPR2017-00122
`
`Patent Trial and Appeal Board
`
`United States Patent and Trademark Office
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`1
`
`
`
`Case IPR2016-01701
`
`Patent 9,094,802 (“’802 patent”)
`
`Ground 1: Claims 1, 3-5, 14-17
`
`Treyz and Fuller
`
`Production Guide
`
`Ground 2: Claims 9, 11, and 13
`
`Treyz, Fuller, and Glaser
`
`Ground 3: Claim 20
`
`Treyz, Fuller, and Hild
`
`Ground 4: Claims 1, 3-5, 14-18
`
`Production Guide
`
`Ground 5: Claim 20
`
`Production Guide and Hild
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`2
`
`
`
`Case IPR2017-00122
`
`Patent 9,444,868 (“’868 patent”)
`
`Ground 1: Claims 1-12, 14, 15, and 17-20
`
`Treyz and Fuller
`
`Ground 2: Claims 13 and 16
`
`Treyz, Fuller, and Glaser
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`3
`
`
`
`The Challenged Patents Share A Common Specification
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`4
`
`
`
`Prior challenges to Affinity’s patents before the PTAB and Federal Circuit
`
`• Prior Board Proceedings. The Board invalidated claims from five related patents:
`
`• claims 1, 2, 5-8, and 10 of U.S. Patent No. 8,359,007 in light of Treyz and Fuller in IPR2014-00407 and -00408;
`
`• claims 16, 19 and 20 of U.S. Patent No. 7,953,390 in IPR2014-00209 and -00212;
`
`• claims 1-3 and 5-14 of U.S. Patent No. 8,532,641 in IPR2014-01181, -01182 and -01184; and
`
`• claims 1-27, 36-42, and 45-46 of U.S. Patent No. 7,325,833 and all claims of U.S. Patent No. 7,440,772 in
`separate pre-AIA ex parte and inter partes reexamination proceedings, Nos. 90/010,333, 95/001,223,
`95/001,264 and 95/001,266.
`
`• Appellate Proceedings. The Federal Circuit has affirmed all of the determinations from the Board:
`
`• For example, IPR2014-00407 and -00408: upheld by the Federal Circuit in a per curiam decision
`
`• Affinity Labs of Texas, LLC v. Samsung Elecs. Co. Ltd, 669 F. App'x 576 (Fed. Cir. 2016)
`
`• See also Affinity Labs of Texas, LLC v. Samsung Elecs. Co., 639 F. App’x 652 (Fed. Cir. 2016) (per curiam re ’390 patent);
`Affinity Labs of Texas, LLC v. Samsung Elecs. Co., 680 F. App’x 1016 (Fed. Cir. 2017) (per curiam re ’641 patent); In re
`Affinity Labs of Texas, LLC, 856 F.3d 883, 886 (Fed. Cir. 2017) (affirmance re ’833 patent); In re Affinity Labs of Texas,
`LLC, 856 F.3d 902, 904 (Fed. Cir. 2017) (affirmance re ’772 patent)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`5
`
`
`
`Overview
`
`• Claim Construction
`
`• The Board properly adopted its prior construction of an available media, which was affirmed by the Federal Circuit
`
`• The Board properly adopted its view of “portions” of available media for the analogous term “segments”
`
`• IPR2016-01701 – U.S. Patent No. 9,094,802
`
`• Ground 1: Claims 1, 3-5, 14-17 are obvious in view of Treyz and Fuller
`
`• Ground 2: Claims 9, 11, and 13 are obvious in view of Treyz, Fuller, and Glaser
`
`• Ground 3: Claim 20 is obvious in view of Treyz, Fuller and Hild
`
`• Ground 4: Claims 1, 3-5, 14-18 are obvious in view of the Production Guide
`
`• Ground 5: Claim 20 is obvious in view the Production Guide and Hild
`
`• IPR2017-00122 – U.S. Patent No. 9.444.868
`
`• Ground 1: Claims 1-12, 14, 15, and 17-20 are obvious in view of Treyz and Fuller
`
`• Ground 2: Claims 13 and 16 are obvious in view of Treyz, Fuller, and Glaser
`
`• Patent Owner’s Constitutional Challenge is improperly raised in this forum and should be rejected
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`6
`
`
`
`Claim Construction: Available Media
`
`• In the Institution Decisions, Board determined that the term “available media”
`was only term that requires construction.
`
`• The Board adopted a construction identical to its prior construction from a
`related proceeding, IPR2014-00407 (“the 407 IPR”):
`
`• “[W]e defined ‘an available media’ in IPR2014-0407 to include ‘parts of content
`accessible from a source of audio, video, and/or textual information,’ but noted that
`the term is ‘not limited to a single file, song, or video, and may encompass, at a
`minimum, a collection of audio or video files.’”
`
`‘1701 IPR Institution Decision at 6, (Paper 9)
`
`• “In IPR2014-0407 we determined that the term ‘available media’ is ‘not limited to a
`single file, song, or video,’ and is broad enough to include, at a minimum, a
`‘collection of audio or video files.’”
`
`‘122 IPR Institution Decision at 6, (Paper 10)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`7
`
`
`
`Claim Construction: Available Media (cont’d)
`
`• Adopting its prior construction, the Board reasoned:
`
`• “Because [the] patents all derive from the same parent application and
`share many common terms, we must interpret the claims consistently across
`all asserted patents.”
`
`Citing NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282, 1293 (Fed. Cir. 2005)
`
`‘407 IPR (‘007 Patent)
`
`‘802 Patent
`
`‘868 Patent
`
`a collection of instructions … to
`request a list of network addresses
`for a plurality of portions of an
`available media, to request delivery
`of a first portion of the available
`media … , and to request delivery
`of a second portion of the available
`media
`
`organizing an available media into
`a plurality of independent segment
`files to facilitate delivery;
`***
`receiving an HTTP communication
`that indicates a desire to access the
`available media
`
`a network-based communication
`system operable: … to receive an
`HTTP communication from the
`remotely located requesting device
`that indicates a desire to access the
`available media
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`8
`
`
`
`Claim Construction: Segment File (cont’d)
`
`• The Board did not expressly construe “segment files,” but noted that the term
`is “broad enough to encompass an individual song, video, or station contained
`within a broader collection of audio or video files.”
`
`‘122 IPR Institution Decision at 11, (Paper 10)
`
`• “[T]he term ‘an available media’ may include multiple stations on a playlist and
`the term ‘segment,’ which is generally defined as ‘[e]ach of the parts into
`which something is or may be divided,’ is, on this record, broad enough to
`include individual stations on a playlist.”
`
`‘1701 IPR Institution Decision at 9-10, (Paper 9)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
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`9
`
`
`
`Claim Construction: Segment File (cont’d)
`
`• The Board previously construed “portions of an available media” in the
`same way:
`
`• “parts of the content accessible from a source of audio, video, and/or
`textual information, such as songs or stations in a playlist or parts of an
`Internet radio broadcast.”
`
`‘407 IPR Institution Decision at 6, (Paper 15), ‘408 IPR Institution Decision at 6, (Paper 14)
`
`Final Written Decision at 6 (Paper 48)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
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`10
`
`
`
`Claim Construction (cont’d)
`
`Patent Owner Claim Construction Argument 1:
`
`“Netflix cannot meet its burden to show obviousness where it and its expert must
`speculate in order to construe the challenged claims and compare them to the prior art”
`
`‘1701 Preliminary Response at 13; ‘1701 Patent Owner Response at 19
`
`‘122 Preliminary Response at 13; ‘122 Patent Owner Response at 19
`
`The Board already rejected this argument:
`
`• “[E]ven if Petitioner and its declarant could not identify the precise contours of certain
`claim limitations before the District Court, they provide detailed citations and
`arguments in this proceeding explaining where each limitation of the challenged claims
`is disclosed in the recited prior art.”
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
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`11
`
`‘1701 Institution Decision at 7
`
`‘122 Institution Decision at 7
`
`
`
`Claim Construction (cont’d)
`
`Patent Owner Claim Construction Argument 2:
`
`“Netflix and its expert have alleged that several terms … are subject to § 112 ¶ 6, yet
`Netflix did not identify any function or structure as required by the Board’s rules for this
`petition.”
`
`‘1701 Preliminary Response at 13-14; ‘1701 Patent Owner Response at 19
`
`‘122 Preliminary Response at 13; ‘122 Patent Owner Response at 19
`
`Again, the Board rejected this argument:
`
`“[N]either party in this proceeding contends that any limitations [of the ’802 or ’868
`patents], other than “storage medium for storing files in the ’802 patent], are in means
`plus function format.”
`
`‘1701 Institution Decision at 7; ‘122 Institution Decision at 7
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`12
`
`
`
`Case IPR2016-01701
`
`Patent 9,094,802 (“’802 patent”)
`
`Ground 1: Claims 1, 3-5, 14-17
`
`Treyz and Fuller
`
`Production Guide
`
`Ground 2: Claims 9, 11, and 13
`
`Treyz, Fuller, and Glaser
`
`Ground 3: Claim 20
`
`Treyz, Fuller, and Hild
`
`Ground 4: Claims 1, 3-5, 14-18
`
`Production Guide
`
`Ground 5: Claim 20
`
`Production Guide and Hild
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
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`13
`
`
`
`Ground 1
`
`Claims 1, 3-5, 14-17 in view of Treyz and Fuller
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
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`14
`
`
`
`’802 Patent – Claim 1
`
`1. A method to deliver media, comprising:
`
`organizing an available media into a plurality of independent segment files to
`facilitate delivery;
`
`formatting a given segment to facilitate an outputting of the given segment at
`a given rate;
`
`formatting a different segment to facilitate an outputting of the different
`segment at a different rate, wherein the different rate is slower than the given
`rate;
`
`generating a list that includes an address for each of the plurality of
`independent segment files;
`
`receiving an HTTP communication that indicates a desire to access the
`available media;
`
`sending the list in response to receiving the HTTP communication;
`
`sending the given segment; and
`
`sending the different segment.
`
`[1.1]
`
`[1.2]
`
`[1.3]
`
`[1.4]
`
`[1.5]
`
`[1.6]
`
`[1.7]
`
`[1.8]
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`15
`
`
`
`Treyz-Fuller Discloses Claim Element 1.1
`
`[1.1]
`
`organizing an available media into a plurality of independent segment files to facilitate
`delivery;
`
`The audio from these sources may be combined to form customized channels made up of portions of the various
`sources. For example, if the user enjoys country music, classical music, and sports news, these types of content may be
`combined (e.g., from Internet radio channels) into a custom channel. The user may schedule how portions or segments
`of the audio from various sources are to be played. For example, the user may select the content and the duration for
`desired audio segments. Customized content may be provided to the user by the audio device based on the user's
`interests.
`
`Ex. 1015 (Treyz) at 3:45-55.
`
`The real-time server 140 can perform compression, and other manipulations of the data, to reduce the processing burden
`on the web server 131. For example, in some embodiments of the invention, the real-time server 140 receives digitized
`video data and compresses that data into JPEG images. These JPEG images are sequenced digital frames of video.
`Similarly, for the audio data, the real-time server 140 breaks the audio information into one-half second time
`periods of audio data (other embodiments use other time periods). These one-half second time periods of data are stored
`in the shared memory 135. The real-time server 140 can also compress the audio information into one of a number of
`various compressed audio signals (e.g., G.711 and/or G.723 audio compression formats). In some embodiments of the
`invention, the real-time server can broadcast audio and video from multiple sources to multiple clients.
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`16
`
`Ex. 1016 (Fuller) at 6:22-38; 9:14-30, 49-63.
`
`
`
`The Board Already Found That Treyz-Fuller Discloses “Segment Files”
`
`Patent Owner Argument 1:
`
`“The availability of different Internet radio links a user can select in Treyz does
`not comprise links or network locations to segments of the same available media
`at different output rates as required by the claims”
`
`Patent Owner Response at 26 (emphasis in original)
`
`Preliminary Response at 20
`
`The Board already rejected this argument:
`
`• “[T]he term ‘an available media’ may include multiple stations on a playlist and
`the term ‘segment,’ which is generally defined as ‘[e]ach of the parts into which
`something is or may be divided,’ is, on this record, broad enough to include
`individual stations on a playlist.”
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`Institution Decision at 10
`
`17
`
`
`
`The Board Already Found That Treyz-Fuller Discloses “Segment Files”
`
`Patent Owner Argument 2:
`
`“Netflix failed to offer a construction for these limitations that would encompass
`the scope Netflix seeks to define in the prior art”
`
`Patent Owner Response at 26 (emphasis in original)
`
`Preliminary Response at 20
`
`BUT, the Board rejected this when it adopted its prior claim constructions.
`
`Institution Decision at 6, 10
`
`And, notably, those prior claim constructions already have been affirmed by the
`Federal Circuit.
`
`Affinity Labs of Texas, LLC v. Samsung Elecs. Co. Ltd, 669 F. App'x 576 (Fed. Cir. 2016) (per curiam)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`18
`
`
`
`Unrebutted Expert Testimony: Treyz-Fuller Discloses “Segment Files”
`
`“Treyz discloses this limitation as demonstrated by the below quotations.”
`
`‘The audio from these sources may be combined to form customized channels made up of
`portions of the various sources. For example, if the user enjoys country music, classical
`music, and sports news, these types of content may be combined (e.g., from Internet radio
`channels) into a custom channel. The user may schedule how portions or segments of the
`audio from various sources are to be played. For example, the user may select the content
`and the duration for desired audio segments. Customized content may be provided to the
`user by the audio device based on the user’s interests.’
`
`“Additionally, Fuller describes breaking up files into discrete time period or
`frames, and compressing them at different rates.”
`
`‘The real-time server 140 can perform compression, and other manipulations of the data,
`to reduce the processing burden on the web server 131. For example, in some
`embodiments of the invention, the real-time server 140 receives digitized video data and
`compresses that data into JPEG images. These JPEG images are sequenced digital frames
`of video. Similarly, for the audio data, the real-time server 140 breaks the audio
`information into one-half second time periods of audio data (other embodiments use other
`time periods).’
`
`Dr. Nader Mir
`Petitioner’s Expert
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`19
`
`
`
`Treyz-Fuller discloses claim elements 1.2 and 1.3
`
`[1.2]
`
`[1.3]
`
`formatting a given segment to facilitate an outputting of the given segment at a given
`rate;
`
`formatting a different segment to facilitate an outputting of the different segment at a
`different rate, wherein the different rate is slower than the given rate;
`
`If it is the case that the audio, or the video, information is not being received by the client 112 at a
`sufficient data rate, the corresponding Java applet, in some embodiments of the invention, can request a
`different rate of transmission. The Java applet can request a lower rate corresponding to a lower audio or
`video signal, that will more appropriately match the bandwidth availability of the client 112.
`
`E.g., Ex. 1016 (Fuller) at 10:11-17
`
`[T]he real-time server 140 prepares the audio data by breaking the audio information into time periods. This
`audio information is also compressed into various sets of compressed data corresponding to different audio
`rates.
`
`E.g., Ex. 1016 (Fuller) at 6:22-38
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`20
`
`
`
`Treyz-Fuller discloses claim element 1.4
`
`[1.4]
`
`generating a list that includes an address for each of the plurality of independent
`segment files;
`
`“…menus may be presented on a display panel that allow the user to select
`Internet radio content based on geographic region, language of the content,
`or type of content (e.g., adult contemporary, alternative, blues, classical,
`news, sports, police radio, etc.). Internet radio stations may also be listed
`alphabetically or using any other suitable organization scheme. These
`organizational arrangements may be used to assist the user in locating
`audio content from a variety of sources, including … non-Internet
`digital radio services provided over a broadband communications
`network, Internet radio, downloaded audio files, etc.”
`
`E.g., Ex. 1015 (Treyz) at 17:25-43
`
`“The user may set up the stations for the clock radio that the user is
`interested in by clicking on links for stations that the user is interested in or
`by otherwise selecting the proper Internet addresses for the desired
`stations. ”
`
`E.g., Ex. 1015 (Treyz) at 5:32-36
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`21
`
`
`
`Patent Owner Argument 2:
`
`“Netflix failed to properly compare the claims to the prior art and instead relied on an overly-
`broad meaning of the claims and incorporation by reference” for the “list or message that
`contains an address or network location for segments of an available media, such as a song or
`video, which is available at different output rates” limitation in claim 1 (and 9 and 14).”
`
`Patent Owner’s Response at 22-25, Paper No. 15; see also Preliminary Response at 16-19
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`22
`
`
`
`The Board has found that Treyz-Fuller discloses a “list”
`
`The Board rejected Patent Owner’s argument:
`
`“Petitioner, in addition to generally citing to the Board’s prior decisions in IPR2014-
`00407 and IPR2014-00408, provides multiple citations to Treyz in support of its
`assertion that a list of links for Internet radio stations are generated and sent to the
`user.”
`
`Institution Decision at 12 (Paper 9) (see also Petition at 23; Ex. 1015 5:32-36, 12:25-43)
`
`As has the Federal Circuit, which affirmed the following Board decisions:
`
`‘407 IPR Final Written Decision at 22 (Paper 48): Holding claim 1 of the ‘007 patent containing the
`materially similar limitation for “a list of network addresses for a plurality of portions of an available media”
`unpatentable in view of Treyz-Fuller.
`
`‘408 IPR Institution Decision at 9, 12 (Paper 14): Adopting Petitioner’s argument “that Treyz utilizes a web
`browser to receive a listing of network locations for available Internet radio stations” and instituting review of
`claim 1.
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`Institution Decision at 10
`
`23
`
`
`
`Unrebutted Expert Testimony: Treyz-Fuller discloses a “list”
`
`• “This limitation is disclosed in Treyz as demonstrated by the below quotations.”
`
`• “With a digital tuning arrangement, up and down keys . . . may be used to allow the user to
`tune to different stations. Because the number of available Internet radio stations may be
`large (e.g., in the thousands), various layered menus may be used to assist the user in
`locating a station of interest. For example, menus may be presented on a display panel that
`allow the user to select Internet radio content based on geographic region, language of the
`content, or type of content (e.g., adult contemporary, alternative, blues, classical, news,
`sports, police radio, etc.). Internet radio stations may also be listed alphabetically or using
`any other suitable organization scheme. These organizational arrangements may be used
`to assist the user in locating audio content from a variety of sources, including ... non-
`Internet digital radio services provided over a broadband communications network, Internet
`radio, downloaded audio files, etc.” Ex. 1015 (Treyz) at 17:25-43.
`
`• “The user may set up the stations for the clock radio that the user is interested in by
`clicking on links for stations that the user is interested in or by otherwise selecting the
`proper Internet addresses for the desired stations.” Ex. 1015 (Treyz) at 5:32-36.
`
`• Ex. 1007 (Mir Declaration) at ¶ 85 (pp. 39-42)
`
`Dr. Nader Mir
`Petitioner’s Expert
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`24
`
`
`
`Treyz-Fuller discloses claim elements 1.5 and 1.6
`
`[1.5]
`
`receiving an HTTP communication that indicates a desire to access the available media;
`
`At block 210, the client 112 initiates an HTTP request from the Web server 131. This could be the result of
`the browser 102 receiving and displaying an HTML (hypertext markup language) page including a link that
`will initiate streaming audio and video.
`
`E.g., Ex. 1016 (Fuller) at 8:30-34
`
`[1.6]
`
`sending the list in response to receiving the HTTP communication;
`
`As an example, alarm clock radio 12 may allow a user to set up 25 favorite
`stations. These stations may include, for example, Internet radio stations.
`Because hundreds or thousands of stations are available, a web page
`including information on various available stations may be used to
`help the user select the desired stations. An illustrative web page 216 is
`shown in FIG. 13.
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`25
`
`E.g., Ex. 1015 (Treyz) at 23:11-16; Fig 13
`
`
`
`Treyz-Fuller discloses claim elements 1.7 and 1.8
`
`[1.7]
`
`[1.8]
`
`sending the given segment; and
`
`sending the different segment.
`
`If it is the case that the audio, or the video, information is not being received by the client 112 at
`a sufficient data rate, the corresponding Java applet, in some embodiments of the invention, can
`request a different rate of transmission. The Java applet can request a lower rate corresponding
`to a lower audio or video signal, that will more appropriately match the bandwidth availability of
`the client 112.
`
`E.g., Ex. 1016 (Fuller) at 10:11-17
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`26
`
`
`
`The Board Previously Found Similar Claim Elements Unpatentable in the ‘407
`IPR Final Written Decision that the Federal Circuit Affirmed
`
`‘802 Patent
`
`‘407 IPR (‘007 Patent)
`
`“organizing an available media into a plurality of independent
`segment files to facilitate delivery” Ex. 1011 at 18:31-32
`***
`“a list that includes an address for each of the plurality of
`independent segment files.” Ex. 1001 at 18:38-39.
`
`“outputting of a given segment at a given rate … sending the
`given segment …” Ex. 1001 at 18:33-34, 44.
`
`“outputting of the different segment at different rate, wherein
`the different rate is slower than the given rate … sending the
`different segment.” Ex. 1001 at 18:35-37, 45.
`
`“a collection of instructions stored in the non-volatile memory
`and operable to direct the cellular telephone to request a list of
`network addresses for a plurality of portions of an available
`media” Ex. 1011 at 18:27-30.
`
`“delivery of a first portion of the available media such that the
`first portion is delivered at a first communication rate …” Ex.
`1011 at 18:30-32.
`
`“delivery of a second portion of the available media such that
`the second portion is delivered at a second communication rate
`that is different than the first communication rate.” Ex. 1011 at
`18:33-36.
`
`‘802 Patent
`
`‘407 IPR (‘007 Patent) – Claim 2
`
`“receiving an HTTP communication that indicates a desire to
`access available media … sending the list in response to
`receiving the HTTP communication …” Ex. 1001 at 18:40-41.
`
`“The system of claim 1, wherein the browser utilizes the hyper
`text transfer protocol (http) to facilitate access the available
`media.” Ex. 1011 at 18:37-39.
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`27
`
`
`
`Treyz-Fuller discloses claim element 3
`
`3. The method of claim 1, further comprising maintaining the plurality of independent segment
`files in a storage medium means for storing files, wherein formatting the different segment
`comprises compressing the different segment into a format that is configured to facilitate an
`outputting at a playback device at or near the different rate.
`
`“storage medium means for storing files”
`
`The real-time server 140 uses the data received by the various modules and stores portions of that data in the
`shared memory 135, after some manipulation of the data. The shared memory 135 is accessed by the Web
`server 131.
`
`“compressing”
`
`The real-time server 140 takes each video frame from the video module 144, or the video proxy module
`148, and compresses that information into a JPEG image.
`
`“format … configured to facilitate an outputting”
`
`In any case, what is important is that the real-time server 140 receives digital video information in a format
`that it can use (example formats include, JPEG, MPEG, GIF, and AVI).
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`28
`
`E.g., Ex. 1016 (Fuller) at 5:3-7; 9:51-54; 5:55-58
`
`
`
`Treyz-Fuller discloses claim element 4
`
`4. The method of claim 3, wherein the available media is a video and the HTTP communication
`was received from an electronic device comprising an internal battery, a recharging circuit for the
`internal battery, a display, and an application stored at the electronic device to output the video on
`the display.
`
`If desired, text may be converted to audio using voice synthesizing arrangements. If alarm clock radio 12 has a
`display, text, graphics, and video may be displayed on the display.
`
`Rear panel 204 may also have a battery compartment and battery 208. Battery backup or capacitor backup
`may be used to prevent alarm clock radio 12 from losing its settings or data when the power delivered by
`cord 206 is interrupted.
`
`Such audio devices may have displays.
`
`E.g., Ex. 1015 (Treyz) at 19:64-20:3; 8:40; 9:3-5; 8:32-40.
`
`See also supra claim elements 1.5 and 1.6 (HTTP Communication)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`29
`
`
`
`Unrebutted Expert Testimony: Treyz-Fuller discloses claim 4’s limitations
`
`“Treyz expressly discloses media that is video: ‘News information and the like may
`be received from news servers such as news server 22. This information and
`information form other sources maybe in the form of text, audio and video.’”
`
`“Additionally, Treyz describes that the device can playback video: ‘If alarm clock
`radio 12 has a display, text, graphics and video may be displayed on the display’,
`indicating the presence of an application stored at the electronic device to output
`video on the display.”
`
`Dr. Nader Mir
`Petitioner’s Expert
`
`“Treyz also mentions that the describes system can be operated on a personal
`computer (Ex. 1015 at 8:34-40), and one of ordinary skill in the art would
`understand that term to include laptops, which are widely known by a person of
`ordinary skill in the art as including batteries, charging circuits and displays.”
`
`• Ex. 1007 (Mir Declaration) at ¶ 85 (pp. 47-48) (citing Ex. 1015 (Treyz) at 8:63-66, 8:34, 40,
`9:3-5), Ex. 1035)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`30
`
`
`
`Treyz-Fuller discloses claim 5
`
`5. The method of claim 1, further comprising providing a link to the available media on a website.
`
`In this example, the user is using a standard
`PC with a standard Netscape
`CommunicatorTM 4.0 browser application.
`FIG. 3 includes a browser window 302
`With a cursor positioned over a
`transmission selection link 304. The
`transmission selection link 304
`corresponds to a request for transmission
`of streaming audio and video data.
`
`E.g., Ex. 1016 (Fuller) at Fig. 3, 10:40-55
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`31
`
`
`
`’802 Patent – Claim 14
`
`[14.1]
`
`[14.2]
`
`[14.3]
`
`14. A system that facilitates delivery of media, comprising:
`
`a media available for delivery as a series of segments, wherein at least a given one of
`the segments is configured to allow delivery to a requesting device via a network link
`capable of communicating information at a first rate and at least another segment is
`configured to allow delivery to the requesting device via a link capable of
`communicating information at a different rate;
`
`a media playlist for the available media that includes a network location for a file
`representing the given one of the segments and a different network location for a
`different file representing the other segment; and
`
`a delivery resource configured to respond to a plurality of file requests by transmitting
`information to the requesting device in a manner that facilitates a continuous
`outputting of the available media by the requesting device.
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`32
`
`
`
`Treyz-Fuller disclose the previously identified limitations of Claim Elements 14.1
`&14.2
`
`[14.1]
`
`[14.2]
`
`[14.3]
`
`14. A system that facilitates delivery of media, comprising:
`
`a media available for delivery as a series of segments, wherein at least a given one of the
`segments is configured to allow delivery to a requesting device via a network link capable
`of communicating information at a first rate and at least another segment is configured to
`allow delivery to the requesting device via a link capable of communicating information at
`a different rate;
`
`a media playlist for the available media that includes a network location for a file
`representing the given one of the segments and a different network location for a different
`file representing the other segment; and
`
`a delivery resource configured to respond to a plurality of file requests by transmitting
`information to the requesting device in a manner that facilitates a continuous outputting of
`the available media by the requesting device.
`
`See supra claim elements 1.1 (segments of media), 1.2 and 1.7 (segment configured for delivery at a first rate), 1.3 and 1.8
`(segment configured for delivery at a second rate) and 1.4 (media playlist with locations for file segments)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`33
`
`
`
`Treyz-Fuller disclose claim element 14.3
`
`[14.3]
`
`a delivery resource configured to respond to a plurality of file requests by transmitting
`information to the requesting device in a manner that facilitates a continuous outputting
`of the available media by the requesting device.
`
`If it is the case that the audio, or the video, information is not being received by the client 112 at
`a sufficient data rate, the corresponding Java applet, in some embodiments of the invention,
`can request a different rate of transmission. The Java applet can request a lower rate
`corresponding to a lower audio or video signal, that will more appropriately match the
`bandwidth availability of the client 112.
`
`E.g., Ex. 1016 (Fuller) at 10:11-17
`
`The result of these blocks is that multiple frames of video information is displayed in the
`video display 103. Thus, the user has the perception of a video display at the client 112 …
`Thus, the client 112 will have a continuous audio signal being presented to the user.
`
`E.g., Ex. 1016 (Fuller) at 10:3-10
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`34
`
`
`
`Unrebutted Expert Testimony: Treyz-Fuller discloses “continuous playback”
`
`“Fuller expressly describes requesting and sending portions of files with higher
`or lower rates, depending upon network conditions.”
`
`“Fuller also describes this as facilitating continuous playback to the user. ‘The
`result of these blocks is that multiple frames of video information is displayed
`in the video display 103. Thus, the user has the perception of a video display
`at the client 112 . . . Thus, the client 112 will have a continuous audio signal
`being presented to the user.’”
`
`Dr. Nader Mir
`Petitioner’s Expert
`
`• Ex. 1007 (Mir Declaration) at ¶ 85 (pp. 56) (citing Ex. 1016 (Fuller) at 10:3-17)
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`35
`
`
`
`Treyz-Fuller disclose claim element 15
`
`15. The system of claim 14, wherein the first rate is slower than the different rate.
`
`“[A] user is allowed to modify the video rate, shown in frames per second, by selecting one of the
`video rate selectors … a set of audio rate selectors 512 allow the user to select a higher or lower
`quality audio signal.”
`
`E.g., Ex. 1016 (Fuller) at 10:56-11:6
`
`Petitioner Netflix Inc.’s Presentation: IPR2016-01701 & IPR2017-00122
`
`36
`
`
`
`Treyz-Fuller disclose claim element 16
`
`16. The system of claim 14, wherein the g
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