Case 3:16-cv-03590-JST Document 38 Filed 03/17/17 Page 1 of 5
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`KILPATRICK TOWNSEND & STOCKTON LLP
`MEHRNAZ BOROUMAND SMITH (Bar No. 197271)
`mboroumand@kilpatricktownsend.com
`STEVEN D. MOORE (Bar No. 290875)
`smoore@kilpatricktownsend.com
`DARIUS C. SAMEROTTE (Bar No. 296252)
`dsamerotte@kilpatricktownsend.com
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`Telephone: 415 576 0200
`Facsimile:
`415 576 0300
`
`Attorneys for Plaintiff
`GOPRO, INC.
`
`MICHAEL A. JACOBS (CA SBN 111664)
`MJacobs@mofo.com
`NATHAN B. SABRI (CA SBN 252216)
`NSabri@mofo.com
`ESTHER KIM CHANG (CA SBN 258024)
`EChang@mofo.com
`MORRISON & FOERSTER LLP
`425 Market Street
`San Francisco, California 94105-2482
`Telephone: (415) 268-7000
`Facsimile: (415) 268-7522
`
`Attorneys for Defendants
`C&A MARKETING, INC.,
`C&A LICENSING, LLC, AND
`PLR IP HOLDINGS, LLC
`
`UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`GOPRO, INC.,
`
`v.
`
`Plaintiff,
`
`C&A MARKETING, INC., C&A LICENSING,
`LLC, AND PLR IP HOLDINGS, LLC,
`
`Defendants.
`
`Case No. 3:16-cv-03590-JST
`
`JOINT CLAIM CONSTRUCTION AND
`PREHEARING STATEMENT
`
`Honorable Jon S. Tigar
`Complaint filed June 27, 2016
`
`Markman Hearing:
`Date: June 12, 2017
`Time: 1:30 p.m.
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`Case No. 3:16-cv-03590-JST
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`Case 3:16-cv-03590-JST Document 38 Filed 03/17/17 Page 2 of 5
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`Pursuant to Patent L. R. 4-3 and the Court’s Corrected Supplemental Scheduling Order
`
`(Dkt. No. 33), Plaintiff GoPro, Inc. (“Plaintiff” or “GoPro”) and Defendants C&A Marketing, Inc.,
`
`C&A Licensing, LLC, and PLR IP Holdings, LLC (“Defendants”) (collectively, the “Parties”) hereby
`
`submit this Joint Claim Construction and Prehearing Statement in connection with the asserted claims
`
`of U.S. Patent No. 9,025,896 (“’896 Patent”). To the extent that the Parties do not identify claim
`
`terms of the ’896 Patent as agreed pursuant to Patent L. R. 4-3(a) or disputed pursuant to
`
`Patent L. R. 4-3(b), the Parties submit that any such claim terms require no construction and should be
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`given their plain and ordinary meaning. The Parties submit that the claim terms of
`
`U.S. Patent No. 9,282,226 require no construction and should be given their plain and ordinary
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`meaning.
`
`A. The Construction of Terms on Which the Parties Agree
`
`The Parties have not agreed on any claim constructions.
`
`B. Proposed Constructions of Disputed Terms and Support for Constructions
`
`The Parties have narrowed their disputes to the four terms identified below.
`
`Term
`
`Claims
`
`Plaintiff’s Proposed Construction
`
`“encoded image data”
`
`1 and 10
`
`Plain and ordinary meaning.
`
`Alternatively: “data that consists of a
`set of encoded image planes”
`Plain and ordinary meaning.
`
`Alternatively: “image planes resulting
`from modifying and compressing raw
`image data”
`Plain and ordinary meaning.
`
`Alternatively: “a set of encoded image
`planes, each encoded image plane
`representative of one or more image
`planes of the original image”
`Plain and ordinary meaning.
`
`Defendants’ Proposed
`Construction
`“data obtained from an image
`sensor (i.e., RAW data) and
`then compressed without
`demosaicing”
`“image data first compressed
`without demosaicing and then
`stored in the recording medium
`as sets of data”
`
`“image data first compressed
`without demosaicing and then
`stored in the recording medium
`as sets of data, each set of data
`corresponding to an image
`plane of the sensor”
`“accessing some but not all of
`the encoded image planes of a
`frame”
`
`- 2 -
`
`1
`
`2
`
`3
`
`“a set of encoded
`image planes”
`
`1 and 10
`
`1 and 10
`
`“a set of encoded
`image planes each
`representative of one or
`more image planes of
`the original image”
`
`1 and 10
`
`“access[ing] a subset of
`the set of encoded
`image planes”
`
`4
`
`Alternatively: “accessing less than all
`of the set of encoded image planes”
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`Case No. 3:16-cv-03590-JST
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`Case 3:16-cv-03590-JST Document 38 Filed 03/17/17 Page 3 of 5
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`The Parties’ proposed constructions of these terms are set forth in Exhibit A, along with the
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`intrinsic and extrinsic evidence on which the Parties intend to rely. A copy of the ’896 Patent is
`
`attached as Exhibit B.
`
`1. GoPro’s Statement:
`
`GoPro contends that the four claim terms raised for construction by Defendants do not require
`
`formal construction and should be given their plain and ordinary meaning. In the alternative, GoPro
`
`submits proposed constructions that it contends most accurately conveys each term’s plain and
`
`ordinary meaning. GoPro contends that the evidence intrinsic to the ’896 Patent and related patents is
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`sufficient to construe the terms if required.
`
`2. Defendants’ Statement:
`
`Defendants submit that the disputed terms, as set forth in Section B, require construction in
`
`light of the disclosure in the specification and the intrinsic record.
`
`C. Identification of Terms Whose Construction Will be Most Significant, and of Case or
`Claim Dispositive Constructions
`
`The Parties submit that none of the claim terms is case or claim dispositive.
`
`1. GoPro’s Statement:
`
`GoPro submits that the construction of the term “a set of encoded image planes” will be most
`
`significant to the resolution of the case.
`
`2. Defendants’ Statement:
`
`Defendants submit that the terms “a set of encoded image planes” and “a set of encoded image
`
`planes each representative of one or more image planes of the original image” are most significant to
`
`the resolution of the case.
`
`D. Anticipated Length of Time Necessary for the Claim Construction Hearing
`
`Pursuant to Pat. L.R. 4-3(d), the parties understand that the Court has allocated two and one-
`
`half hours for the claim construction hearing and two hours for a technical tutorial. (See Dkt. No. 29.)
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`Case No. 3:16-cv-03590-JST
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`Case 3:16-cv-03590-JST Document 38 Filed 03/17/17 Page 4 of 5
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`In each case, the parties will divide the time equally. The parties agree, subject to the Court’s
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`approval, that the hearing should proceed term by term, and the tutorial should proceed with Plaintiff
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`presenting its tutorial followed by Defendants presenting their tutorial.
`
`E. Whether Any Party Proposes to Call One or More Witnesses at the Claim
`Construction Hearing
`Pursuant to Patent L.R. 4-3(e), the Parties do not intend to call witnesses at the Claim
`
`Construction Hearing.
`
`F. Factual Findings Requested from the Court Related to Claim Construction
`
`Pursuant to Patent L.R. 4-3(f), the Parties do not request any factual findings from the Court
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`related to claim construction.
`
`Dated: March 17, 2017
`
`Respectfully submitted,
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`By: /s/ Mehrnaz Boroumand Smith
`Mehrnaz Boroumand Smith
`Steven D. Moore
`Darius C. Samerotte
`
`Attorneys for Plaintiff
`GOPRO, INC.
`
`Dated: March 17, 2017
`
`MORRISON & FOERSTER LLP
`
`By: /s/ Nathan B. Sabri
`Michael A. Jacobs
`Nathan B. Sabri
`Esther Kim Chang
`
`Attorneys for Defendants
`C&A MARKETING, INC., C&A LICENSING, LLC,
`AND PLR IP HOLDINGS, LLC
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`Case No. 3:16-cv-03590-JST
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`Case 3:16-cv-03590-JST Document 38 Filed 03/17/17 Page 5 of 5
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`ATTESTATION
`
`I, Nathan B. Sabri, am the ECF User whose ID and Password are being used to file this
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`document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Mehrnaz Boroumand Smith
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`concurs in this filing.
`
`Dated: March 17, 2017
`
`MORRISON & FOERSTER LLP
`
`By: /s/ Nathan B. Sabri
`Nathan B. Sabri
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`Case No. 3:16-cv-03590-JST
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`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 1 of 15
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`
`
`Exhibit A
`
`C&A Marketing, Inc. Exhibit 1010 Page 6
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`

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`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 2 of 15
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`Exhibit A – Joint Claim Construction Chart
`Patent Local Rule 4-3(b)
`
`U.S. Patent No. 9,025,896 (“’896 Patent”)
`
`Claim Term
`
`“encoded image data”
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`Proposed Construction:
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`Proposed Construction:
`
`Plain and ordinary meaning.
`
`Alternatively:
`
`“data obtained from an image sensor (i.e., RAW
`data) and then compressed without demosaicing”
`
`“data that consists of a set of encoded image
`planes”
`
`Supporting Evidence:
`
`The most common workflow employed by the
`industry today is to arithmetically convert RAW
`images into planar RGB images before common
`operations are performed, such as applying a
`saturation matrix or white balance, which is then
`followed by compressing or encoding the result
`into a smaller file size. Col. 1:60-65.
`
`Supporting Evidence:
`
`Figures 2-8.
`
`’896 at Title.
`
`’896 at Abstract.
`
`’896 at Col. 1:39-45.
`
`’896 at Col. 1:52-55.
`
`’896 at Col. 1:66-2:19.
`
`For the most common RGGB Bayer pattern
`imager, there are two green planes for each red and
`blue plane. It is possible to encode each of the
`planes using common compression techniques
`(DCT, Wavelet, etc.) such that significant data
`reduction is achieved without significant quality
`impacts. However, more compression may be
`obtained by differencing the channels in the
`following manner:
`
`’896 at Col. 2:29-31.
`
`’896 at Col. 2:51-53.
`
`’896 at Col. 2:66-3:2.
`
`’896 at Col. 3:48-51.
`
`’896 at Col. 3:24-25.
`
`1
`
`C&A Marketing, Inc. Exhibit 1010 Page 7
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`

`

`Claim Term
`
`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 3 of 15
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`G=green plane1+green plane2
`R−G=2×red plane−G
`B−G=2×blue plane−G
`D=green plane1−green plane2 (D for
`difference between the green planes)
`
`These modified image planes are encoded (e.g.,
`compressed) just as they would if they were
`separate planes of R, G and B, or Y, U and V
`components. Col. 3:60-4:8.
`
`If a Bayer image is to be compressed in a format
`like MPEG or HOV, then de-Bayering (a.k.a.
`demosaicing) will expand the single plane of
`1920×1080 pixel data into three 1920×1080
`planes, one for each color primary. Col. 4:23-27.
`
`By encoding four quarter-resolution planes versus
`three full-resolution planes, the computational load
`is greatly reduced, allowing for simpler
`implementations and longer camera battery life.
`Col. 4:34-37.
`
`Although advantages for encoding four quarter-
`resolution planes are evident, the resulting
`compressed image would not be playable using
`typical hardware or software tools, as no viewing
`or editing tools anticipate four quarter-resolution
`planes instead of three full-resolution planes. Col.
`4:41-45.
`
`If the unmodified red, green1, green2, and blue
`planes were encoded, only one of the two green
`channels needs to be presented for preview. Col.
`2
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`’896 at Col. 4:6-10.
`
`’896 at Col. 4:14-34.
`
`’896 at Col. 4:41-45.
`
`’896 at Col. 4:52-63.
`
`’896 at Col. 5:2-5.
`
`’896 at Col. 5:29-35.
`
`’896 at Col. 5:38-45.
`
`’896 at Col. 6:42-43.
`
`Provisional Application No. 60/784,866, Pages 1-
`5.
`
`Provisional Application No. 60/784,866, Page 7.
`
`Response to Office Action, Filed 01/19/2012, U.S.
`Patent Application No. 13/196,175, Page 10.
`
`Response to Office Action, Filed 01/19/2012, U.S.
`Patent Application No. 13/196,175, Page 11.
`
`Extrinsic Evidence:
`
`Defendants may rely upon the testimony of an
`expert to explain how one of skill in the art would
`understand “encoded image data” at the time of the
`invention.
`
`C&A Marketing, Inc. Exhibit 1010 Page 8
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`

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`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 4 of 15
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`5:9-11.
`
`Embodiments of the invention may be used to
`improve any existing compression algorithm for
`encoding and decoding. Col. 6:42-43.
`
`Video cameras that offer codec-less
`(uncompressed) raw acquisition, and which do not
`abstract the format through a codec wrapper,
`require special tools within post-production to
`convert this data into a more traditional form
`before review and editing can begin, introducing a
`cumbersome workflow. Col. 6:59-64.
`
`See Figs. 7 and 8 (showing encoded image data
`resulting from compressing raw/sensor image
`data).
`
`See claims 1 and 10.
`
`This application claims priority through a line of
`continuation applications, including U.S.
`Application No. 13/196,175. In responding to an
`Office Action in that prosecution, Applicant
`distinguished U.S. Publication No. 2004/0032516
`(“Kakarala”) by arguing:
`
`“The difference between a first set of
`pixels associated with a first of the two
`independent color channels and a second
`set of pixels associated with a second of the
`two independent color channels is encoded
`into a compressed form. Similarly, the sum
`of the first and second sets of pixels is
`3
`
`C&A Marketing, Inc. Exhibit 1010 Page 9
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`

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`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 5 of 15
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`encoded into a compressed form. The
`resulting compressed forms result in
`encoded color channels that require less
`storage space to store, beneficially
`reducing the amount of memory storage
`space required to store the retrieved image
`plane. 01/19/2012 Resp. to 12/28/2011
`Office Action, U.S. App. No. 13/196,175,
`at 10.
`
`This application also claims priority to a provision
`application, U.S. Application No. 60/784,866,
`which contains the following:
`
`Typically a source Bayer image is
`converted arithmetically into an RGB
`image before common steps such as
`applying a saturation matrix and white
`balancing, followed by compressing or
`encoding the result. U.S. Prov. App. No.
`60/784,866, at 1.
`
`4. Typically the image color space is
`converted to a more compressible form
`such as YUV (common for DV, JPEG, or
`MPEG compression.)
`5. The YUV image is compressed for
`delivery or storage. Id. at 2.
`
`The camera's required processing steps are
`reduced to:
`1. Capture the image from Bayer CCD or
`CMOS sensor
`2. Directly compress the raw Bayer sensor
`4
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`C&A Marketing, Inc. Exhibit 1010 Page 10
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`

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`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 6 of 15
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`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`output for storage or delivery. Id.
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`Each Bayer image contains interleaved
`color components of red, blue and two
`green values. Typically, the red, blue, and
`two green values corresponding to each
`pixel location are arranged in 2x2 squares
`in the image. The Bayer pattern of
`interleaved red, green and blue pixels
`cannot be encoded as a single image
`because the adjacent pixels are less
`correlated and therefore less compressible.
`A single high definition Bayer frame of
`1920x1080 interleaved red, green, and blue
`pixels can be separated into four planes of
`quarter-resolution images, each 960x540
`and containing a single red, green, or blue
`color component. Id. at 3.
`
`For the most common RGGB Bayer
`pattern, there are two green planes for each
`red and blue plane. Although the planes
`could be encoded as is (four planes of red,
`greenl, green2 and blue), more
`compression is obtained by differencing
`the channels like so:
`G = green planet + green plane2
`R-G = 2 x red plane - G
`B-G = 2 x blue plane - G
`D = green plane 1 - green plane 2
`
`(D
`
`for difference between the green
`planes)
`These modified image planes are encoded
`5
`
`C&A Marketing, Inc. Exhibit 1010 Page 11
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`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 7 of 15
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`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`just as they would if they were separate
`planes of RGB or YUV components. Id.
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`If a Bayer image is to be compressed in a
`format like MPEG or HDV, the de-
`bayering (a.k.a. demoasicing) will take the
`1920x1080 plane and create three
`1920x1080 planes, one for each color
`primary. Id. at 4.
`
`By encoding four quarter-resolution planes
`versus three full-resolution planes, the
`computation load is greatly reduced,
`allowing for simpler implementations and
`longer camera battery life. Id.
`
`The resulting compressed image would not
`be playable using typical hardware or
`software tools, as no viewing and editing
`tools are expecting four quarter-resolution
`planes that represent three full-resolution
`planes. Id.
`
`This invention describes RAW Bayer
`compression occurring within the camera
`itself, or with the camera tethered to an
`external device that performs the Bayer
`compression. Id. at 7.
`
`6
`
`C&A Marketing, Inc. Exhibit 1010 Page 12
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`

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`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 8 of 15
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`Claim Term
`
`“a set of encoded image
`planes”
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`Proposed Construction:
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`Proposed Construction:
`
`Plain and ordinary meaning.
`
`Alternatively:
`
`“image data first compressed without demosaicing
`and then stored in the recording medium as sets of
`data”
`
`“image planes resulting from modifying and
`compressing raw image data”
`
`Supporting Evidence:
`
`For the most common RGGB Bayer pattern
`imager, there are two green planes for each red and
`blue plane. It is possible to encode each of the
`planes using common compression techniques
`(DCT, Wavelet, etc.) such that significant data
`reduction is achieved without significant quality
`impacts. However, more compression may be
`obtained by differencing the channels in the
`following manner:
`
`G=green plane1+green plane2
`R−G=2×red plane−G
`B−G=2×blue plane−G
`D=green plane1−green plane2 (D for
`difference between the green planes)
`
`These modified image planes are encoded (e.g.,
`compressed) just as they would if they were
`separate planes of R, G and B, or Y, U and V
`components. Col. 3:60-4:8.
`
`If a Bayer image is to be compressed in a format
`like MPEG or HOV, then de-Bayering (a.k.a.
`7
`
`Supporting Evidence:
`
`Figures 2-8.
`
`’896 at Col. 1:66-2:19.
`
`’896 at Col. 3:3-27.
`
`’896 at Col. 3:48-51.
`
`’896 at Col. 3:52-65.
`
`’896 at Col. 4:10-13.
`
`’896 at Col. 4:14-34.
`
`’896 at Col. 4:23-27.
`
`’896 at Col. 4:34-40.
`
`’896 at Col. 4:41-45.
`
`’896 at Col. 4:49-51.
`
`’896 at Col. 4:52-63.
`
`C&A Marketing, Inc. Exhibit 1010 Page 13
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`

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`Claim Term
`
`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 9 of 15
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`’896 at Col. 5:2-12.
`
`’896 at Col. 5:29-35.
`
`’896 at Col. 5:38-45.
`
`Provisional Application No. 60/784,866, Pages 1-
`5.
`
`Response to Office Action, Filed 01/19/2012, U.S.
`Patent Application No. 13/196,175, Page 12.
`
`Extrinsic Evidence:
`
`Defendants may rely upon the testimony of an
`expert to explain how one of skill in the art would
`understand “encoded image data” at the time of the
`invention.
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`demosaicing) will expand the single plane of
`1920×1080 pixel data into three 1920×1080
`planes, one for each color primary. Col. 4:23-27.
`
`By encoding four quarter-resolution planes versus
`three full-resolution planes, the computational load
`is greatly reduced, allowing for simpler
`implementations and longer camera battery life.
`Col. 4:34-37.
`
`Although advantages for encoding four quarter-
`resolution planes are evident, the resulting
`compressed image would not be playable using
`typical hardware or software tools, as no viewing
`or editing tools anticipate four quarter-resolution
`planes instead of three full-resolution planes. Col.
`4:41-45.
`
`If the unmodified red, green1, green2, and blue
`planes were encoded, only one of the two green
`channels needs to be presented for preview. Col.
`5:9-11.
`
`See Figs. 7 and 8 (showing encoded image data
`resulting from compressing raw/sensor image
`data).
`
`See claims 1, 3-6, 10, 12-15.
`
`This application claims priority through a line of
`continuation applications, including U.S.
`Application No. 13/196,175. In responding to an
`Office Action in that prosecution, Applicant
`distinguished U.S. Publication No. 2004/0032516
`8
`
`C&A Marketing, Inc. Exhibit 1010 Page 14
`
`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 10 of 15
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`(“Kakarala”) by arguing: “The difference between
`a first set of pixels associated with a first of the
`two independent color channels and a second set
`of pixels associated with a second of the two
`independent color channels is encoded into a
`compressed form. Similarly, the sum of the first
`and second sets of pixels is encoded into a
`compressed form. The resulting compressed forms
`result in encoded color channels that require less
`storage space to store, beneficially reducing the
`amount of memory storage space required to store
`the retrieved image plane. 01/19/2012 Resp. to
`12/28/2011 Office Action, U.S. App. No.
`13/196,175, at 10.
`
`This application also claims priority to a provision
`application, U.S. Application No. 60/784,866,
`which contains the following:
`
`Typically a source Bayer image is
`converted arithmetically into an RGB
`image before common steps such as
`applying a saturation matrix and white
`balancing, followed by compressing or
`encoding the result. U.S. Prov. App. No.
`60/784,866, at 1.
`
`4. Typically the image color space is
`converted to a more compressible form
`such as YUV (common for DV, JPEG, or
`MPEG compression.)
`5. The YUV image is compressed for
`delivery or storage. Id. at 2.
`
`9
`
`C&A Marketing, Inc. Exhibit 1010 Page 15
`
`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 11 of 15
`
`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`The camera's required processing steps are
`reduced to:
`1. Capture the image from Bayer CCD or
`CMOS sensor
`2. Directly compress the raw Bayer sensor
`output for storage or delivery. Id.
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`Each Bayer image contains interleaved
`color components of red, blue and two
`green values. Typically, the red, blue, and
`two green values corresponding to each
`pixel location are arranged in 2x2 squares
`in the image. The Bayer pattern of
`interleaved red, green and blue pixels
`cannot be encoded as a single image
`because the adjacent pixels are less
`correlated and therefore less compressible.
`A single high definition Bayer frame of
`1920x1080 interleaved red, green, and blue
`pixels can be separated into four planes of
`quarter-resolution images, each 960x540
`and containing a single red, green, or blue
`color component. Id. at 3.
`
`For the most common RGGB Bayer
`pattern, there are two green planes for each
`red and blue plane. Although the planes
`could be encoded as is (four planes of red,
`greenl, green2 and blue), more
`compression is obtained by differencing
`the channels like so:
`G = green planet + green plane2
`R-G = 2 x red plane - G
`B-G = 2 x blue plane - G
`10
`
`C&A Marketing, Inc. Exhibit 1010 Page 16
`
`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 12 of 15
`
`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`
`D = green plane 1 - green plane 2
`
`(D
`
`for difference between the green
`planes)
`These modified image planes are encoded
`just as they would if they were separate
`planes of RGB or YUV components. Id.
`
`If a Bayer image is to be compressed in a
`format like MPEG or HDV, the de-
`bayering (a.k.a. demoasicing) will take the
`1920x1080 plane and create three
`1920x1080 planes, one for each color
`primary. Id. at 4.
`
`By encoding four quarter-resolution planes
`versus three full-resolution planes, the
`computation load is greatly reduced,
`allowing for simpler implementations and
`longer camera battery life. Id.
`
`The resulting compressed image would not be
`playable using typical hardware or software tools,
`as no viewing and editing tools are expecting four
`quarter-resolution planes that represent three full-
`resolution planes. Id.
`
`11
`
`C&A Marketing, Inc. Exhibit 1010 Page 17
`
`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 13 of 15
`
`Claim Term
`
`“a set of encoded image
`planes each
`representative of one or
`more image planes of the
`original image”
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`Proposed Construction:
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`Proposed Construction:
`
`Plain and ordinary meaning.
`
`Alternatively:
`
`“a set of encoded image planes, each encoded
`image plane representative of one or more image
`planes of the original image”
`
`Supporting Evidence:
`
`See Supporting Evidence for “a set of encoded
`image planes,” supra.
`
`12
`
`“image data first compressed without demosaicing
`and then stored in the recording medium as sets of
`data, each set of data corresponding to an image
`plane of the sensor”
`
`Supporting Evidence:
`
`Figures 2-8.
`
`’896 at Col. 1:66-2:19.
`
`’896 at Col. 3:3-27.
`
`’896 at Col. 3:48-51.
`
`’896 at Col. 3:52-65.
`
`’896 at Col. 4:10-13.
`
`’896 at Col. 4:23-27.
`
`’896 at Col. 4:14-34.
`
`’896 at Col. 4:34-40.
`
`’896 at Col. 4:41-45.
`
`’896 at Col. 4:49-51.
`
`’896 at Col. 4:52-63.
`
`C&A Marketing, Inc. Exhibit 1010 Page 18
`
`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 14 of 15
`
`Claim Term
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`’896 at Col. 5:2-5.
`
`’896 at Col. 5:6-12.
`
`’896 at Col. 5:29-35.
`
`’896 at Col. 5:38-45.
`
`Provisional Application No. 60/784,866, Pages 1-
`5.
`
`Response to Office Action, Filed 01/19/2012, U.S.
`Patent Application No. 13/196,175, Page 12.
`
`Extrinsic Evidence:
`
`Defendants may rely upon the testimony of an
`expert to explain how one of skill in the art would
`understand “encoded image data” at the time of the
`invention.
`
`13
`
`C&A Marketing, Inc. Exhibit 1010 Page 19
`
`

`

`Case 3:16-cv-03590-JST Document 38-1 Filed 03/17/17 Page 15 of 15
`
`Claim Term
`
`“access[ing] a subset of
`the set of encoded image
`planes”
`
`GoPro’s Proposed Construction & Supporting
`Evidence
`Proposed Construction:
`
`Defendants’ Proposed Construction &
`Supporting Evidence
`Proposed Construction:
`
`Plain and ordinary meaning.
`
`Alternatively:
`
`“accessing less than all of the set of encoded
`image planes”
`
`Supporting Evidence:
`
`See Supporting Evidence for “a set of encoded
`image planes,” supra.
`
`“accessing some but not all of the encoded image
`planes of a frame”
`
`Supporting Evidence:
`
`Figure 7.
`
`’896 at Col. 3:24-25.
`
`’896 at Col. 3:48-51.
`
`’896 at Col. 4:54-63.
`
`’896 at Col. 5:2-5.
`
`’896 at Col. 5:6-12.
`
`’896 at Col. 5:13-23.
`
`’896 at Col. 5:38-45.
`
`Provisional Application No. 60/784,866, Page 5.
`
`Extrinsic Evidence:
`
`Defendants may rely upon the testimony of an
`expert to explain how one of skill in the art would
`understand “encoded image data” at the time of the
`invention.
`
`14
`
`C&A Marketing, Inc. Exhibit 1010 Page 20
`
`

`

`Case 3:16-cv-03590-JST Document 38-2 Filed 03/17/17 Page 1 of 15
`
`
`
`Exhibit B
`
`C&A Marketing, Inc. Exhibit 1010 Page 21
`
`

`

`Case 3:16-cv-03590-JST Document 38-2 Filed 03/17/17 Page 2 of 15
`I lllll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111
`US009025896B2
`
`c12) United States Patent
`Newman
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 9,025,896 B2
`*May 5, 2015
`
`(54)
`
`COMPRESSION AND DECODING OF SINGLE
`SENSOR COLOR IMAGE DATA
`
`(71)
`
`Applicant: GoPro, Inc., San Mateo, CA (US)
`
`(72)
`
`Inventor: David A. Newman, San Diego, CA (US)
`
`(73)
`
`Assignee: GoPro, Inc., San Mateo, CA (US)
`
`( *)
`
`Notice:
`
`Subject to any disclaimer, the term ofthis
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(52)
`
`This patent is subject to a terminal dis-
`claimer.
`
`(21)
`
`Appl. No.: 14/504,326
`
`(22)
`
`Filed:
`
`Oct.1, 2014
`
`(58)
`
`(65)
`
`Prior Publication Data
`
`US 2015/0015764Al
`
`Jan. 15, 2015
`
`(63)
`
`Related U.S. Application Data
`
`Continuation of application No. 14/222,549, filed on
`Mar. 21, 2014, now Pat. No. 8,879,861, which is a
`continuation of application No. 14/108,240, filed on
`Dec. 16, 2013, now Pat. No. 8,718,390, which is a
`continuation of application No. 13/968,423, filed on
`Aug. 15, 2013, now Pat. No. 8,644,629, which is a
`continuation of application No. 13/683,965, filed on
`Nov. 21, 2012, now Pat. No. 8,538,143, which is a
`continuation of application No. 13/196,175, filed on
`Aug. 2, 2011, now Pat. No. 8,345,969, which is a
`continuation of application No. 11/689,975, filed on
`Mar. 22, 2007, now Pat. No. 8,014,597.
`
`(60)
`
`Provisional application No. 60/784,866, filed on Mar.
`22, 2006.
`
`(51)
`
`Int. Cl.
`G06K9/36
`G06K9/46
`
`(2006.01)
`(2006.01)
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`(2014.01)
`(2014.01)
`(2014.01)
`(2014.01)
`(2013.01)
`
`H04N5/232
`H04N 1164
`H04N9/04
`G06T9/00
`H04N 191117
`H04N 191136
`H04N 191186
`H04N 19144
`G06F 310484
`U.S. Cl.
`CPC ........... H04N 5123293 (2013.01); H04N 11648
`(2013.01); H04N 91045 (2013.01); G06K 9136
`(2013.01); G06T 9100 (2013.01); H04N 191117
`(2014.11); H04N 191136 (2014.11); H04N
`191186 (2014.11); H04N 19144 (2014.11);
`G06F 310484 (2013.01)
`Field of Classification Search
`USPC .......... 382/166, 167, 233, 240, 260; 348/266,
`348/267, 273, 280
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`2/2014 Newman ....................... 382/233
`8,644,629 B2 *
`8,718,390 Bl*
`5/2014 Newman ....................... 382/233
`8,879,861 B2 * 1112014 Newman ....................... 382/233
`* cited by examiner
`
`Primary Examiner - Phuoc Tran
`(74) Attorney, Agent, or Firm - Fenwick & West LLP
`
`(57)
`ABSTRACT
`A method is described to greatly improve the efficiency of and
`reduce the complexity of image compression when using
`single-sensor color imagers for video acquisition. The
`method in addition allows for this new image compression
`type to be compatible with existing video processing tools,
`improving the workflow for film and television production.
`
`18 Claims, 9 Drawing Sheets
`
`+ - -W - - -+
`
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`
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`
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`
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`J}. Separatedintocolorprimanes
`~EE[
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`
`n Colorprimariesaredifferenced
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`
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`G1c-G2c G1d-G2d
`
`Jl. Compress the differenced 001or primaries
`
`Bayer compression with an example of color
`differencing
`
`C&A Marketing, Inc. Exhibit 1010 Page 22
`
`

`

`Case 3:16-cv-03590-JST Document 38-2 Filed 03/17/17 Page 3 of 15
`
`U.S. Patent
`
`May 5, 2015
`
`Sheet 1of9
`
`US 9,025,896 B2
`
`C)
`
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`
`C&A Marketing, Inc. Exhibit 1010 Page 23
`
`

`

`Case 3:16-cv-03590-JST Document 38-2 Filed 03/17/17 Page 4 of 15
`
`FIG. 2: Fast extraction of color primaries
`
`"°
`0 .....
`N
`.....
`=- ('D
`
`1J1
`
`('D
`
`•
`
`N
`~Ul
`~
`~
`~
`
`0 ....
`
`Ul
`
`= ~
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`~
`~
`•
`00
`~
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`•
`
`I Be
`)......_______
`
`Bd
`
`:::c
`
`Bb
`
`Ba
`
`W/2
`
`Rd
`
`Rb
`
`j
`:::c -Re
`1
`
`Ra
`
`,..,,,
`
`W/2
`
`...
`
`Bd
`
`Bb
`
`Be
`
`Ba
`
`:::c
`
`Rd
`
`Rb
`
`Re
`
`Ra
`
`:::c
`
`C&A Marketing, Inc. Exhibit 1010 Page 24
`
`

`

`Case 3:16-cv-03590-JST Document 38-2 Filed 03/17/17 Page 5 of 15
`
`"°
`.....
`0
`(.H
`
`.....
`1J1 =- ('D
`
`('D
`
`FIG. 3: Green pixel extraction into two planes
`
`G2d
`
`G2c
`
`H/2
`
`G2b
`
`G2a
`
`G2d
`
`G2c
`
`G1d
`
`G1c
`
`H
`
`G1d
`
`G1c
`
`G2b
`
`G2a
`
`H/2
`
`G1b
`
`G1a
`
`G1b
`
`G1a
`
`----W/2------
`
`---------w--------
`
`C&A Marketing, Inc. Exhibit 1010 Page 25
`
`

`

`Case 3:16-cv-03590-JST Document 38-2 Filed 03/17/17 Page 6 of 15
`
`although some uncorrelated elements
`
`FIG. 4A: Al