UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`MINDGEEK USA INC., MINDGEEK S.À.R.L.,
`MG FREESITES LTD., MG FREESITES II LTD.,
`MG CONTENT RK LTD., MG CONTENT DP LTD.,
`MG CONTENT RT LTD., MG PREMIUM LTD.,
`MG CONTENT SC LTD., MG CYPRUS LTD.,
`LICENSING IP INTERNATIONAL S.À.R.L.,
`9219-1568 QUÉBEC INC. d/b/a ENTREPRISE MINDGEEK CANADA, and
`COLBETTE II LTD.,
`
`Petitioners
`
`v.
`
`UNIVERSITY OF SOUTHERN CALIFORNIA
`
`PRESERVATION TECHNOLOGIES LLC
`
`Patent No. 6,199,060
`
`Issue Date: March 6, 2001
`
`Title: Method and Apparatus Management of Multimedia Assets
`
`____________________________________________________________
`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 ET SEQ.
`
`

`

`EXHIBIT LIST
`
`Exhibit Number Description
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`U.S. Patent No. 6,199,060 to Gustman.
`
`U.S. Patent No. 6,181,336 to Chiu et al.
`
`U.S. Patent No. 5,907,837 to Ferrel et al.
`
`Declaration of Dr. Jagadish.
`
`U.S. Patent No. 6,199,060 File History.
`
`DexMedia, Inc. v. Click-to-Call Technologies, Inc., et al.,
`
`Case No. 15-1242, Dkt. Nos. 127-128.
`
`Dr. Jagadish CV.
`
`Query by Image and Video Content: The QBIC System to
`
`Flickner et al.
`
`Efficient Organization and Access of Multi-Dimensional
`
`Datasets on Tertiary Storage Systems to Chen et al.
`
`A Distributed Hierarchical Storage Manager for a Video-on-
`
`Demand System to Federighi et al.
`
`Content-Based Video Indexing and Retrieval to Smoliar et
`
`al.
`
`i
`
`

`

`1012
`
`1013
`
`1014
`
`Media Streams: An Iconic Visual Language for Video
`
`Representation to Davis.
`
`An objective video quality assessment system based on
`
`human perception to Webster et al.
`
`IDIC: Assembling Video Sequences from Story Plans and
`
`Content Annotations to Sack et al.
`
`ii
`
`

`

`TABLE OF CONTENTS
`INTRODUCTION ...........................................................................................1
`
`I.
`
`II. MANDATORY NOTICES .............................................................................2
`
`A. Lead and Backup Counsel and Service Information..................................2
`
`B. Real Parties-in-Interest ...............................................................................3
`
`C. Related Matters...........................................................................................3
`
`III. CERTIFICATION OF GROUNDS FOR STANDING ..................................5
`
`IV.
`
`THRESHOLD REQUIREMENT FOR INTER PARTES REVIEW...............7
`
`V.
`
`STATEMENT OF PRECISE RELIEF REQUESTED ...................................7
`
`VI. OVERVIEW OF THE ’060 PATENT AND PRIOR ART.............................7
`
`A. State of the Technology Prior to the ’060 Patent .......................................7
`
`B. The ’060 Patent...........................................................................................8
`
`C. The Prior Art.............................................................................................10
`
`1. Chiu .....................................................................................................10
`
`2. Ferrel....................................................................................................11
`
`VII. CLAIM CONSTRUCTION ..........................................................................12
`
`VIII. LEVEL OF ORDINARY SKILL IN THE ART...........................................12
`
`IX. CLAIM-BY-CLAIM EXPLANATION OF GROUNDS
`
`FOR
`
`UNPATENTABILITY ..................................................................................12
`
`A. Ground 1: Claims 1, 2, and 15 are Anticipated by Chiu..........................12
`
`iii
`
`

`

`B. Ground 2: Claims 1-18 are Obvious over Chiu and Ferrel. ....................23
`
`X.
`
`CONCLUSION..............................................................................................76
`
`iv
`
`

`

`I.
`
`INTRODUCTION
`
`MINDGEEK USA INC., MINDGEEK S.À.R.L., MG FREESITES LTD.,
`
`MG FREESITES II LTD., MG CONTENT RK LTD., MG CONTENT DP LTD.,
`
`MG CONTENT RT LTD., MG PREMIUM LTD., MG CONTENT SC LTD., MG
`
`CYPRUS LTD., LICENSING IP INTERNATIONAL S.À.R.L., 9219-1568
`
`QUÉBEC INC. d/b/a ENTREPRISE MINDGEEK CANADA, and COLBETTE II
`
`LTD. (“Petitioners” or “MindGeek”) petition for Inter Partes Review (“IPR”) under
`
`35 U.S.C. §§ 311-319 and 37 C.F.R. § 42 claims 1-18 (“the Challenged Claims”) of
`
`the 6,199,060 (“’060 patent”).
`
`Preservation Technologies LLC has alleged that, “The Asserted Patents are
`
`currently owned by the University of Southern California and Preservation has
`
`obtained a license with all necessary rights from the Shoah Foundation of the
`
`University of Southern California (the ‘Shoah Foundation’) to enforce these patents
`
`against Defendants in its own name.” Preservation Technologies LLC v. MindGeek
`
`USA Inc. et al., Case No. 2:17-cv-08906-DOC-JPR (C.D. Cal.), Dkt. No. 63, ¶ 41.
`
`The University of Southern California and Preservation Technologies LLC are
`
`collectively referred to as “Patent Owner.”
`
`1
`
`

`

`II. MANDATORY NOTICES
`
`A.
`
`Lead and Backup Counsel and Service Information
`
`LEAD
`Frank M. Gasparo (Reg. No. 44,700)
`
`BACK-UP COUNSEL
`William Hector (Reg. No. 66,823)
`
`(Lead)
`
`Address:
`
`Venable LLP
`
`(Back-up)
`
`Address:
`
`San Francisco, CA
`
`1270 Avenue of the Americas, 24th Floor
`
`101 California Street, Suite 3800
`
`New York, NY 10020
`
`San Francisco, CA 94111
`
`Phone and Fax:
`
`P: (212) 370-6273.
`
`F: (212) 307-5598
`
`Phone and Fax:
`
`P: (415) 653-3750
`
`F: (415) 653-3755
`
`Please send all correspondence to the lead counsel at the address shown above.
`
`Petitioners consent to service by email at: FMGasparo@Venable.com. Powers of
`
`Attorney are filed concurrently herewith under 37 C.F.R. § 42.10(b).
`
`The Office is authorized to charge the fee set forth in 37 C.F.R. § 42.15(a) to
`
`Deposit Account No. 22-0261, and any other fees that might be due in connection
`
`with this Petition.
`
`2
`
`

`

`B.
`
`Real Parties-in-Interest
`
`MINDGEEK USA INC., MINDGEEK S.À.R.L., MG FREESITES LTD.,
`
`MG FREESITES II LTD., MG CONTENT RK LTD., MG CONTENT DP LTD.,
`
`MG CONTENT RT LTD., MG PREMIUM LTD., MG CONTENT SC LTD., MG
`
`CYPRUS LTD., LICENSING IP INTERNATIONAL S.À.R.L., 9219-1568
`
`QUÉBEC INC. d/b/a ENTREPRISE MINDGEEK CANADA, and COLBETTE II
`
`LTD.
`
`Based on Preservation Technologies LLC’s allegations above, we understand
`
`the real parties-in-interest regarding ownership of the ’060 Patent are University of
`
`Southern California and Preservation Technologies LLC.
`
`C.
`
`Related Matters
`
`Petitioners identify the following matters related to the ’060 Patent:
`
`Ongoing
`
`1.
`
`Preservation Technologies LLC v. MindGeek USA Inc. et al, Case No.
`
`2:17-cv-08906-DOC-JPR (C.D. Cal.);
`
`2.
`
`Preservation Technologies LLC v. MG Content RK Ltd. et al, Case No.
`
`2:18-cv-03058-DOC-JPR (C.D. Cal.) (consolidated with the above case. Dkt. No.
`
`14);
`
`3
`
`

`

`Dismissed
`
`3.
`
`Preservation Technologies LLC v. MindGeek USA Inc. et al., Case No.
`
`1-14-cv-01292 (D. Del.);
`
`4.
`
`Preservation Technologies LLC v. Viacom, Inc., Case No. 1:14-cv-
`
`01293 (D. Del.);
`
`5.
`
`Preservation Technologies LLC v. MLB Advanced Media, L.P., Case
`
`No. 1-14-cv-01294 (D. Del.);
`
`6.
`
`Preservation Technologies LLC v. NFL Enterprises LLC, Case No.
`
`1:14-cv-01295 (D. Del.)
`
`7.
`
`Preservation Technologies LLC v. Vevo LLC, Case No. 1-14-cv-01296
`
`(D. Del.);
`
`8.
`
`Preservation Technologies LLC v. World Wrestling Entertainment,
`
`Inc., Case No. 1:14-cv-01297 (D. Del.);
`
`9.
`
`Preservation Technologies LLC v. AT&T, Inc. et al., Case No. 8:12-cv-
`
`00208 (C.D. Cal.);
`
`10.
`
`Preservation Technologies LLC v. Sony Corporation of America, Case
`
`No. 2:11-cv-10694 (C.D. Cal.);
`
`11.
`
`Preservation Technologies LLC v. Facebook, Inc., Case No. 2:11-cv-
`
`10701 (C.D. Cal.);
`
`4
`
`

`

`12.
`
`Preservation Technologies LLC v. Netflix, Inc. et al., Case No. 8-11-
`
`cv-01860 (C.D. Cal.); and
`
`13.
`
`Preservation Technologies LLC v. Netflix, Inc. et al., Case No. 8:11-
`
`cv-01862 (C.D. Cal.).
`
`Contemporaneously with this filing, Petitioners are also filing petitions for
`
`IPR of three other patents: U.S. Patent Nos. 6,092,080; 6,212,527; and 6,574,638.
`
`III. CERTIFICATION OF GROUNDS FOR STANDING
`
`On October 10, 2014, Preservation Technologies filed a complaint against
`
`MindGeek USA Incorporated in the District of Delaware listing, among eleven
`
`patents, U.S. Patent Nos. 6,092,080, 6,199,060, 6,212,527, and 6,574,638.
`
`Preservation Technologies LLC v. MindGeek USA Incorporated, 1:14-cv-01292-
`
`SLR (D. Del.). The complaint was served on October 14, 2014. Preservation
`
`Technologies LLC v. MindGeek USA Incorporated, 1:14-cv-01292-SLR (D. Del.),
`
`Dkt. No. 4. Plaintiff filed a notice of voluntary dismissal without reason on February
`
`2, 2015 (id., Dkt. No. 10) and remained silent until it filed its subsequent case on
`
`December 11, 2017. Preservation Technologies LLC v. MindGeek USA Inc. et al,
`
`Case No. 2:17-cv-08906-DOC-JPR (C.D. Cal.), Dkt. No. 1.
`
`Petitioners acknowledge recent Federal Circuit precedent that even if a
`
`complaint is voluntary dismissed, the one year IPR time bar applies to such a
`
`complaint. Click-To-Call Techs., LP v. Ingenio, Inc., 899 F.3d 1321, 1328 (Fed. Cir.
`
`5
`
`

`

`2018) (“The principal question on appeal is whether the Board erred in interpreting
`
`the phrase served with a complaint alleging infringement of a patent recited in §
`
`315(b) such that the voluntary dismissal without prejudice of the civil action in
`
`which the complaint was served does not trigger the bar. We hold that it did.”)
`
`(quotations and citation omitted).
`
`In dissent, Judge Dyk (joined by Judge Lourie) outlined several reasons why
`
`the decision is incorrect and that “section 315(b) time-bar should not apply when the
`
`underlying complaint alleging infringement has been voluntarily dismissed without
`
`prejudice.” Click-To-Call Techs., 899 F.3d at 1355. We understand that DexMedia,
`
`Inc. (formerly Ingenio, Inc.) has been granted an extension to January 11, 2019, to
`
`file writ of certiorari with the United States Supreme Court. DexMedia, Inc. v. Click-
`
`to-Call Technologies, Inc., et al., Case No. 15-1242, Dkt. No. 128. See Exhibit 1006.
`
`In Preservation Technologies LLC v. MindGeek USA Inc. et al, Case No. 2:17-
`
`cv-08906-DOC-JPR (C.D. CA), the complaint was filed on December 11, 2017, with
`
`service of the complaint of certain entities on December 12, 2017.
`
`To the extent Click-To-Call is relevant to the present IPR, we believe Click-
`
`To-Call was incorrectly decided, and to preserve our rights of appeal and otherwise,
`
`we are filing the ’060 Patent petition. Thus, based on the foregoing reasons,
`
`Petitioners certify the ’060 Patent is eligible for IPR and that Petitioners are not
`
`6
`
`

`

`barred or estopped from requesting IPR challenging the patent claims on the
`
`Grounds identified herein.
`
`IV. THRESHOLD REQUIREMENT FOR INTER PARTES REVIEW
`
`As further detailed below, claims 1, 2, and 15 are invalid under 35 U.S.C. §
`
`102, and claims 1-18 are invalid under 35 U.S.C. § 103. Thus, “there is a
`
`reasonable likelihood that the petitioner would prevail with respect to at least 1 of
`
`the claims challenged in the petition.” 35 U.S.C. § 314(a).
`
`V.
`
`STATEMENT OF PRECISE RELIEF REQUESTED
`
`Petitioners respectfully request cancellation of claims 1-18 of the ’060 Patent
`
`(Exhibit 1001) based on the following Ground of Unpatentability, set forth below:
`
`Ground 1: Claims 1, 2, and 15 are unpatentable under 35 U.S.C. § 102(e) as
`
`anticipated by U.S. Patent No. 6,181,336 to Chiu et al. (“Chiu”) (Exhibit 1002).
`
`Ground 2: Claims 1-18 are unpatentable under 35 U.S.C. § 103 as obvious
`
`over Chiu (Exhibit 1002) and U.S. Patent No. 5,907,837 to Ferrel et al. (“Ferrel”)
`
`(Exhibit 1003).
`
`VI. OVERVIEW OF THE ’060 PATENT AND PRIOR ART
`
`A.
`
`State of the Technology Prior to the ’060 Patent
`
`It was typical practice to associate a set of keywords or index terms with a
`
`document, and to index only these in a catalog. Exhibit 1004, ¶ 27. Attributes or
`
`descriptions of the stored multimedia object could be stored and indexed in a catalog
`
`separate from the object itself. Id., ¶ 28.
`
`7
`
`

`

`By the early 1990s, computers had become powerful enough and digital
`
`storage capacities had increased enough that it became feasible to digitize and store
`
`videos: not just short clips but even entire movies. Id., ¶ 30. There was tremendous
`
`interest in so-called “video-on-demand.” Id. There was a great deal of progress
`
`made on the storage and retrieval of videos. Id. There was also work reported on
`
`building these servers with tertiary storage.
`
`Id., ¶ 31. And also in a distributed
`
`environment. Id.
`
`When a user specifies some search terms to retrieve a text document, it is often
`
`useful for the system to point the user to specific portions of the document that are
`
`relevant, particularly if the document is long.
`
`Id., ¶ 32. Technology for such
`
`identification of “segments” or “snippets” of a text document has long been known.
`
`Id.
`
`Similarly, given a long video, it is helpful for a user to be pointed to specific
`
`portions of it that are relevant to a particular search request. Id., ¶ 33. Fortunately,
`
`standard methods for video storage already segment videos into scenes. Id.
`
`B.
`
`The ’060 Patent
`
`The ’060 Patent is titled “Method and Apparatus Management of Multimedia
`
`Assets” and was filed as Application No. 09/076,504 (the “’504 application”) on
`
`May 12, 1998. The ’504 application claims priority as a divisional application of
`
`Application No. 08/678,727 (the “’727 application”) filed on July 10, 1996 (issued
`
`8
`
`

`

`as U.S. Patent No. 5,813,014). The ’060 Patent “relates to a system of managing
`
`multimedia assets.” Exhibit 1001, Abstract.
`
`The ’060 Patent admits that, “Increasingly, computer systems are being used
`
`to present multimedia material. Such material is usually in the form of text,
`
`graphics, video, animation, and sound.” Id., 1:13-15. The background of the ’060
`
`Patent alleges that then current multimedia systems included index server, archive
`
`server, and tertiary storage capabilities “merged to form a single component.” Id.,
`
`1:28-30, 1:41-45. The ’060 patent alleges that this “architecture is
`
`disadvantageous for at least two reasons: 1) there is no ability to replace a less
`
`capable component with another, more capable component; 2) it forces each
`
`system to run on a single hardware platform.” Id., 1:46-49.
`
`Against this backdrop of well-known techniques, the ’060 Patent asserts that
`
`its allegedly innovative feature is a “generalized solution for management of
`
`multimedia assets. Generalized interfaces are used between a browser component,
`
`indexing server, archive server,
`
`tertiary storage manager, and method player
`
`components.”
`
`Id., 5:2-5.
`
`The generalized interface allegedly “defines a
`
`communication protocol that can be used by any browser, indexing server, archive
`
`server, tertiary storage manager, or method player component.” Id., 5:5-8. System
`
`components supplied by multiple vendors allegedly can be “interconnected to form
`
`9
`
`

`

`a multimedia system that communicates using the generalized interfaces of the
`
`invention.” Id., 5:9-11.
`
`Another purported innovation of the ’060 Patent is that it “retains the content
`
`and results of a search such that it is only necessary to perform a search once. Search
`
`elements are used to store the content of a search, i.e., search criteria. A segment
`
`element is used to store the results of a search.” Id., Abstract. These features,
`
`however, were well known in the art at the alleged date of invention.
`
`C.
`
`The Prior Art
`
`1.
`
`Chiu
`
`Chiu was filed on May 31, 1996, and is prior art under at least 35 U.S.C. §
`
`102(e).
`
`It was not cited during prosecution of the ’060 Patent or the parent
`
`application to the ’060 patent, the ’727 application.
`
`Chiu teaches “services and utilities for indexing, storing, retrieving, searching,
`
`and generally managing and manipulating all of the multimedia data created or used
`
`during the production process.” Exhibit 1002, 7:9-12. Nearly verbatim to the
`
`alleged innovation of the ’060 patent (Exhibit 1001, 5:5-11), Chiu “provides an open
`
`architecture such that a variety of data base management systems (DBMSs)
`
`manufactured by a variety of vendors can be used.” Exhibit 1002, 5:36-39.
`
`In
`
`particular, “[m]ultimedia data objects are logically stored and represented by assets
`
`in one or more Vault repositories 108a, 108b, . . . 108n (generally 108).” Id., 7:45-
`
`10
`
`

`

`48. The actual multimedia or assets “are physically stored by one or more asset
`
`storage servers 109a, 110b, . . . 110n (generally 110). The asset storage servers 110
`
`interface with each Vault repository 108 through the asset storage APIs 109a, 109b,
`
`. . . 109n (generally 109).” Id., 7:48-52. The multimedia storage server has other
`
`servers, “at least one metadata server for the metadata components of assets, and at
`
`least one content server for the content component of assets.” Id., 7:52-55. The
`
`multimedia assets can both be browsed and queried via keywords. Id., 13:9-31.
`
`2.
`
`Ferrel
`
`Ferrel (Exhibit 1003) was filed on November 17, 1995, and is prior art under
`
`at least 35 U.S.C. § 102(e). It was not cited during prosecution of the ’060 Patent or
`
`the parent application to the ’060 patent, the ’727 application.
`
`Ferrel teaches “information retrieval systems and more particularly, . . . a
`
`system and method for indexing, querying and retrieving information in an on-line
`
`network.” Exhibit 1003, 1:12-15. “An information retrieval (IR) server indexes and
`
`searches stories and other content objects, such as images and sound clips, in titles
`
`in an on-line network.” Id., 4:2-4. “When a search object query or user query is
`
`initiated at the viewer 202, attributes of the query . . . such as a title GUID, a section
`
`GUID, date range, keywords, and so forth are sent to the IR system 398. The IR
`
`system 398 performs a search of its databases to find objects which match the search
`
`criteria.” Id., 17:45-50.
`
`11
`
`

`

`VII. CLAIM CONSTRUCTION
`
`Petitioners propose, for purposes of this IPR only, that all claim terms of the
`
`’060 Patent take on their ordinary and customary meaning that the terms would have
`
`to one of ordinary skill in the art—no constructions are necessary. Petitioners’
`
`proposal in this proceeding should not be viewed as a concession as to the proper
`
`scope of any claim term in any litigation nor a waiver of any indefiniteness
`
`arguments.
`
`VIII. LEVEL OF ORDINARY SKILL IN THE ART
`
`Petitioners submit that a person of ordinary skill in the art (“POSITA”) would
`
`have had at least a B.S. degree in computer science or electrical engineering (or
`
`comparable degree) and two years of experience in databases or networking. Exhibit
`
`1004, ¶ 22.
`
`IX. CLAIM-BY-CLAIM EXPLANATION OF GROUNDS FOR
`UNPATENTABILITY
`
`Claims 1-18 are unpatentable as shown in the detailed explanation below.
`
`Exhibit 1004, ¶42.
`
`A.
`
`Ground 1: Claims 1, 2, and 15 are Anticipated by Chiu
`
`U.S. Patent No.
`6,199,060 Claim
`Language
`1[a]. A method
`of interfacing
`components in a
`multimedia
`system
`
`Chiu
`
`“A feature of the present invention is that it provides
`support so that a diverse variety of multimedia
`development tools which operate on a diverse variety of
`multimedia data can be integrated into an efficient, consistent
`and uniform environment for the production of multimedia
`
`12
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`comprising:
`
`Chiu
`
`works.” Exhibit 1002, 4:34-38.
`
`Id., Figure 1.
`
`Id., Figure 7.
`
`“In particular, the present invention consists of a Vault for the
`permanent storage of assets. In addition, a class library (API)
`is provided as an interface between multimedia production
`tools and the Vault. The collection of assets, and services
`provided by the class library are all extensible over time
`
`13
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`
`[1b] defining a
`generalized
`protocol for
`interfacing
`components of a
`multimedia
`system,
`
`[1c] said
`generalized
`protocol
`comprising
`commands
`configured to
`access
`multimedia data,
`
`Chiu
`
`during entertainment product authoring, without re-
`implementing existing assets.” Id., 4:17-23.
`“In particular, the present invention consists of a Vault for the
`permanent storage of assets. In addition, a class library (API)
`is provided as an interface between multimedia production
`tools and the Vault. The collection of assets, and services
`provided by the class library are all extensible over time
`during entertainment product authoring, without re-
`implementing existing assets.” Id., 4:17-23.
`
`“Another feature of the present invention is that it provides for
`the storage and retrieval of assets to and from multiple
`machines and multiple platforms.” Id., 5:31-33.
`
`“Another feature of the present invention is that it provides an
`open architecture Such that a variety of data base management
`systems (DBMSs) manufactured by a variety of vendors can
`be used.” Id., 5:36-39.
`“All multimedia data is managed by the present invention
`in the form of assets. Assets are logically stored by the
`present invention in a location that is referred to herein as the
`‘asset bank’ or ‘Vault’. As stated, the actual implementation
`of the asset bank or Vault is via one or more supported
`DBMS(s) and associated file systems.” Id., 3:25-31.
`
`“An advantage of the present invention is that it provides
`support for consistent and user-friendly methods for
`expressing queries and browsing assets.” Id., 5:46-48.
`
`“The present invention also provides services and utilities for
`indexing, storing, retrieving, searching, and generally
`managing and manipulating all of the multimedia data
`created or used during a multimedia production process.” Id.,
`7:9-12.
`
`14
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`
`“Distribution
`
`Chiu
`
`[1d] said
`multimedia data
`associated with a
`catalogue;
`
`Another feature of the present invention is that all functions
`provided are accessible from client stations over a computer
`network.
`
`Another feature of the present invention is that it provides for
`the storage and retrieval of assets to and from multiple
`machines and multiple platforms.
`
`An advantage of the present invention is that it supports a
`variety of client platforms.
`
`Another feature of the present invention is that it provides an
`open architecture such that a variety of data base management
`systems (DBMSs) manufactured by a variety of vendors can
`be used.” Id., 5:27-39.
`
`“Cataloging.
`Different attributes, e.g., type, date created, and keywords,
`may be associated with an asset when stored in the Vault
`repository 108. Many tools derive and store much of this
`associated information automatically on behalf of the user.
`Examples of such derived information may include the date
`and time an asset is created, as well as the identity of the
`creator.” Id., 16:17-24.
`
`“Another feature of the present invention is that it supports
`keyword searching including a cataloguing system for
`keyword definition and tagging.” Id., 5:43-45.
`
`“An advantage of the present invention is that the cataloging
`and archiving features, facilitates reusing multimedia among
`diverse projects thereby reducing and/or eliminating costly
`and time-consuming authoring processes.” Id., 4:41-44.
`
`15
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`[1e] invoking a
`search request
`using said
`generalized
`protocol, said
`search request
`configured to
`initiate a search
`of said catalogue
`to identify
`multimedia data;
`
`[1f]
`communicating
`between at least
`two of said
`components
`using said
`generalized
`protocol;
`
`Chiu
`
`“Querying involves describing the assets of interest, rather
`than navigating through the structure of the Vault repository
`108. A query is formed by specifying the desired values for
`asset attributes, including keywords. When the query is
`executed, a set of matching assets is returned. The user can
`then browse through this set, rather than browse through the
`entire Vault repository 108.” Id., 13:25-31.
`
`“Procedures that may be performed by a client with the
`searching support provided in the Vault API 106 include
`searching for annotations or keywords that are associated
`with an asset, via metadata, as previously described. For
`example, a user can launch a query for finding all
`backgrounds (one kind of annotation) that have a particular
`keyword (another kind of annotation). Another example, a
`user can launch a query for finding all drawings that are
`linked and painted by a particular user, for example, in the
`past month.” Id., 16:49-58.
`
`“Another feature of the present invention is that it supports
`keyword searching including a cataloguing system for
`keyword definition and tagging.” Id., 5:43-45.
`
`“An advantage of the present invention is that it provides
`support for consistent and user-friendly methods for
`expressing queries and browsing assets.” Id., 5:46-48.
`“In particular, the present invention consists of a Vault for the
`permanent storage of assets. In addition, a class library (API)
`is provided as an interface between multimedia production
`tools and the Vault. The collection of assets, and services
`provided by the class library are all extensible over time
`during entertainment product authoring, without re-
`implementing existing assets.” Id., 4:17-23.
`
`“FIG. 7 shows the architecture of the present invention. A
`number of AMS clients or asset management tools 102 are
`depicted. Such functions as query 714, browse 716 catalog
`
`16
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`
`Chiu
`
`718, checkin and checkout 720, CFR placer & CDA 722,
`content creation tools 724 and production management tools
`728 are depicted.” Id., 26:19-24.
`
`Id., Figure 7.
`
`[1g] returning a
`search response
`using said
`generalized
`protocol, said
`search response
`identifying a
`plurality of
`catalogue
`elements;
`
`“Querying involves describing the assets of interest, rather
`than navigating through the structure of the Vault repository
`108. A query is formed by specifying the desired values for
`asset attributes, including keywords. When the query is
`executed, a set of matching assets is returned. The user can
`then browse through this set, rather than browse through the
`entire Vault repository 108.” Id., 13:25-31.
`
`“Another feature of the present invention is that it supports
`multiple indices for retrieval of data and assets.” Id., 5:41-42.
`
`“Another feature of the present invention is that it supports
`keyword searching including a cataloguing system for
`keyword definition and tagging.” Id., 5:43-45.
`
`“An advantage of the present invention is that it provides
`support for consistent and user-friendly methods for
`
`17
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`
`[1h] invoking a
`retrieval request
`using said
`generalized
`protocol, said
`retrieval request
`specifying at least
`one of said
`plurality of said
`catalogue
`elements;
`
`[1i] invoking a
`transmit request
`using said
`generalized
`protocol, said
`transmit request
`configured to
`transmit
`multimedia data
`identified by said
`at least one of
`
`Chiu
`
`expressing queries and browsing assets.” Id., 5:46-48.
`
`“In this example, suppose the user on the computer system
`202 requests a data asset of the type ‘storyreel’ (not
`shown) which is stored in a Vault repository 108.” Id.,
`14:1-4.
`
`“Another feature of the present invention is that it supports
`multiple indices for retrieval of data and assets. Another feature
`of the present invention is that it supports keyword searching
`including a cataloging system for keyword definition and
`tagging.” Id., 5:41-45.
`
`“Another feature of the present invention is that it can be used
`with commercial off-the-shelf database management
`systems for the storage, retrieval, indexing and general
`management of multimedia data.” Id., 4:45-48.
`
`“For example, keywords used for Searching, and indexing,
`names of attributes, and other comments are typically filled-in
`manually by users.” Id., 12:64-68.
`
`“A query is formed by specifying the desired values for asset
`attributes, including keywords. When the query is executed, a
`set of matching assets is returned.” Id., 13:27-29.
`
`“Accordingly, the plurality of data files that comprise the
`sequence are stored, and/or retrieved to and from the asset
`storage system of the present invention (described below).”
`Id., 10:62-64.
`
`“Distribution
`
`Another feature of the present invention is that all functions
`provided are accessible from client stations over a computer
`network.
`
`18
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`said plurality of
`catalogue
`elements.
`
`Chiu
`
`Another feature of the present invention is that it provides for
`the storage and retrieval of assets to and from multiple
`machines and multiple platforms.
`
`An advantage of the present invention is that it supports a
`variety of client platforms.
`
`Another feature of the present invention is that it provides an
`open architecture such that a variety of data base management
`systems (DBMSs) manufactured by a variety of vendors can
`be used.” Id., 5:27-39.
`
`Id., Figure 7.
`
`“In addition asset management tools 102 can include stand-
`alone utilities that provide services which operate on various
`types of multimedia assets which are stored and managed by
`the underlying DBMS and file systems. The services provided
`by such stand-alone asset management tools 102, can include
`for example, retrieving, storing, browsing, navigating,
`tagging, cataloguing and previewing assets.” Id., 12:24-31.
`
`“Further, the present invention provides services and
`
`19
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`
`Claim 2
`2. The method of
`claim 1 wherein
`said generalized
`protocol is an
`application
`programming
`interface.
`
`Claim 15
`15[a]. A
`computer
`program product
`comprising:
`[15b] a computer
`usable medium
`having computer
`readable program
`code embodied
`therein
`configured to
`interface
`components in a
`multimedia
`system
`comprising:
`
`Chiu
`
`utilities for indexing, storing, retrieving, searching, and
`generally managing and manipulating all of the
`multimedia data created or used during the production
`process. The present invention provides for implementation of
`these features through the use of one or more data base
`management systems (DBMSs). . . . Thus, a production studio
`simply attaches, in a ‘plug-and-play’ (PNP) fashion, one or
`more supported DBMS(s), and the file management features
`of the present are automatically implemented.” Id., 2:57-3:6.
`
`“In particular, the present invention consists of a Vault for the
`permanent storage of assets. In addition, a class library (API)
`is provided as an interface between multimedia production
`tools and the Vault. The collection of assets, and services
`provided by the class library are all extensible over time
`during entertainment product authoring, without re-
`implementing existing assets.” Id., 4:17-23.
`
`See claim 1[a].
`
`Id., 24:10-31:12.
`
`See claim [1b].
`
`20
`
`

`

`U.S. Patent No.
`6,199,060 Claim
`Language
`
`[15c] computer
`readable program
`code configured
`to cause a
`computer to
`define a
`generalized
`protocol for
`interfacing
`components of a
`multimedia
`system, said
`generalized
`protocol
`comprising
`commands
`configured to
`access
`multimedia data,
`[15d] said
`multimedia data
`associated with a
`catalogue;
`[15e] computer
`readable program
`code configured
`to cause a
`computer to
`invoke a search
`request using said
`generalized
`protocol, said
`search request
`configured to
`initiate a search
`
`Chiu
`
`See claim [1c].
`
`See claim [1d].
`
`See claim [1e].
`
`21
`
`

`

`Chiu
`
`U.S. Patent No.
`6,199,060 Claim
`Language
`of said catalogue
`to identify
`multimedia data;
`[15f] computer
`readable program
`code configured
`to cause a
`computer to
`communicate
`between at least
`two of said
`components
`using said
`generalized
`protocol;
`[15g] computer
`readable program
`code configured
`to cause a
`computer to
`return a search
`response using
`said generalized
`protocol, said
`search response
`identifying a
`plurality of
`catalogue
`elements;
`[15h] computer
`readable program
`code configured
`to cause a
`computer to
`invoke a retrieval
`request using said
`generalized
`
`See claim [1f].
`
`See claim [1g].
`
`See claim [1h].
`
`22
`
`

`

`Chiu
`
`See claim [1i].
`
`U.S. Patent No.
`6,199,060 Claim
`Language
`protocol;
`
`[15i] computer
`readable program
`code configured
`to cause a
`computer to
`invoke a transmit
`request using said
`generalized
`protocol, said
`transmit request
`configured to
`transmit
`multimedia data
`identified by said
`at least one of
`said plurality of
`catalogue
`elements.
`
`Ground 2: Claims 1-18 are Obvious over Chiu and Ferrel.
`B.
`Chiu and Ferrel are from the same field of endeavor because they relate to
`
`cataloging, indexing, querying, and retrieval of multimedia information. Exhibit
`
`1002, 4:39-44, 7:9-12; Exhibit 1003, Abstract, 1:12-15, Claim 27. Both references
`
`also describe several overlapping advantages of the inventions. For instance, Chiu
`
`and Ferrel teach the importance of dynamically using content at runtime. Exhibit
`
`1002, 4:61-64; Exhibit 1003, 7:13-18. Moreover, Chiu and Ferrel both store and
`
`refer to multimedia as objects. Exhibit 1002, 3:7-11; Exhibit 1003