throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________________
`
`DANXIAO INFORMATION TECHNOLOGY LTD.,
`
`Petitioner
`
`v.
`
`SHENZHEN SVAKOM TECHNOLOGY CO., LTD.,
`
`Patent Owner
`
`Petition for Post-Grant Review of U.S. Patent No. 11,134,041
`
`Issue Date: September 28, 2021
`
`Title: SYSTEM AND METHOD FOR INTERACTIVE ONLINE
`
`ENTERTAINMENT
`
`______________________________
`
`CASE: PGR2022-00050
`
`______________________________
`
`Declaration Of Jilin Qiu In Support of Petition for Post-Grant Review of U.S.
`Patent No. 11,134,041
`
`______________________________
`
`
`
`
`1
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 1 of 18
`
`

`

`1. My name is Jilin Qiu. I am over the age of twenty-one (21) years, of
`
`sound mind, and capable of making the statements set forth in this Declaration. I
`
`am competent to testify to matters set forth herein. All the facts and statements
`
`contained herein are within my personal knowledge and they are, to the best of my
`
`knowledge, true and correct.
`
`2.
`
`I am employed by Danxiao Information Technology Ltd.
`
`(“Danxiao”) as the Vice President of Software & Hardware. I have been
`
`employed by Danxiao since 2012. My employment and compensation are in
`
`no way dependent upon the outcome of this proceeding.
`
`3.
`
`I make this declaration in support of Petitioner Danxiao’s Petition
`
`for Post-Grant Review of U.S. Patent No. 11,134,041 (the “Petition”). I have
`
`knowledge of the facts set forth herein based on my personal knowledge, my
`
`review of corporate records maintained by Danxiao in the ordinary course of
`
`business, and/or my discussions with other Danxiao employees.
`
`4.
`
`I majored in Software Engineering. I have more than 10 years of work
`
`experience and training in the field of online entertainment and online
`
`communications.
`
`5.
`
`I have done 8 projects related to software development and/or wireless
`
`devices in the area of online entertainment. Also, I am the co-inventor of several
`
`
`
`
`2
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 2 of 18
`
`

`

`U.S. Patent Applications of the subject matter of online chat applications and
`
`remotely-controlled devices.
`
`6. My responsibilities and duties as Danxiao’s Vice President of
`
`Software & Hardware include supervision of all the Research & Developing work
`
`in Danxiao. In the course of my duties, I am aware of the contents and involved in
`
`the planning of the conception, experiments, or reduction to practice of U.S.
`
`Patent Application 15/143,513, which was granted as U.S. Patent No. 9,762,515
`
`(the “’515 Patent” or “Olivares”), including the participation of named inventors
`
`Eddy Olivares and Dan Liu in these activities. I am not aware of Minchao He’s
`
`(the named inventor of U.S. Patent No. 11,134,041) participation in the
`
`conception, experiments, or reduction to practice of the ’515 Patent or any of
`
`Lovense software development and product development as described below.
`
`7.
`
`I oversaw and instructed the activities of the preparation and
`
`prosecution of U.S. Patent Application 15/143,513.
`
`8.
`
`I instructed the publication of below webpages, which were archived
`
`on the Wayback machine of Internet Archive, and anyone from the public can
`
`access at least as of the date they were archived. I have also reviewed below
`
`Internet Archive webpages and they accurately reflect the information and
`
`functionality that was published and made available by Danxaio by at least the
`
`dates below.
`
`
`
`
`
`
`3
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 3 of 18
`
`

`

`a) Danxiao’s Lovense Website from October 4, 2013, available at
`https://web.archive.org/web/20131004054024/http://www.lovense.com:8
`0/. Ex. 1009-2 at 2-3.
`
`b) Danxiao’s Lovense Website from March 2, 2016, available at
`https://web.archive.org/web/20160302191610/http://lovense.com:80/cam
`-model (hereinafter “March 2, 2016 Webpage”). Ex. 1009-2 at 4-9.
`
`c) Danxiao’s Lovense Website from November 16, 2017, available at
`https://web.archive.org/web/20171116100110/http://lovense.com/cam-
`model/guides/mac. Ex. 1009-2 at 10-18.
`
`d) Danxiao’s Lovense Website from May 16, 2019, available at
`https://web.archive.org/web/20190516104453/https://www.lovense.com/
`cam-model. Ex. 1009-2 at 19-25.
`
`e) Software download page of May 18, 2019, corresponding to the code
`version v23.0.4 released on April 28, 2019, available at
`https://web.archive.org/web/20190518155744/https://www.lovense.com/
`cam-model/download (hereinafter “May 18, 2019 Webpage”). Ex. 1009-
`2 at 26-28.
`
`f) Cam Model Home Page from Danxiao’s Lovense Website from June 11,
`2019, available at
`http://web.archive.org/web/20190611191521/https://www.lovense.com/c
`am-model. Ex. 1009-2 at 29-35.
`
`g) Cam Extension Guides Page from Danxiao’s Lovense Website from
`September 28, 2020, available at
`http://web.archive.org/web/20200928181315/https:/www.lovense.com/ca
`m-model/guides/Written-Guides/Cam-Extension-Guides/Basic-Levels.
`Ex. 1009-2 at 36-40.
`
`h) Cam Extension Guides Page from Danxiao’s Lovense Website from
`September 28, 2020, available at
`http://web.archive.org/web/20200928194309/https:/www.lovense.com/ca
`m-model/guides/Written-Guides/Cam-Extension-Guides/Special-
`Commands. Ex. 1009-2 at 56-60.
`
`i) Cam Extension Guides Page from Danxiao’s Lovense Website from
`September 28, 2020, available at
`http://web.archive.org/web/20200928193812/https://www.lovense.com/c
`am-model/guides/Written-Guides/Cam-Extension-Guides/Dice-Game.
`Ex. 1009-2 at 50-55.
`
`
`
`
`4
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 4 of 18
`
`

`

`j) Cam Extension Guides Page from Danxiao’s Lovense Website from
`September 28, 2020, available at
`http://web.archive.org/web/20200928193030/https:/www.lovense.com/ca
`m-model/guides/Written-Guides/Cam-Extension-Guides/Keno-Game.
`Ex. 1009-2 at 41-49.
`
`9.
`
`I oversaw and instructed the activities of the Lovense software
`
`development and product development, including the development of Lovense
`
`toys Max and Nora released in the fall of 2013. Max and Nora sent commands to
`
`each other via the Internet using apps for customers’ smart phones and PCs or via
`
`Bluetooth connections. Ex. 1009-2 at 2-3.
`
`10.
`
`I oversaw and instructed the activities of the Lovense software
`
`development and product development, including the development of “Body
`
`Chat” and “Lovense Cam Model Extension” released in the spring of 2016. Ex.
`
`1009-2 at 4-9. “Body Chat” is a predecessor to the current “Lovense Remote,” and
`
`enabled customers to connect a mobile device to one or more of Lovense toys and
`
`remotely control their operations. The “Lovense Cam Model Extension” is a web
`
`extension plug-in for a web-streamer broadcasting on the Internet using his/her
`
`PC-connected camera. Ex. 1010-3 at 2 (2:47-3:14). The web-streamer’s camera
`
`can be any camera connected to the web-streamer’s PC or a build-in camera on the
`
`PC. The “Lovense Cam Model Extension” is sometimes used together with the
`
`“Lovense SmartCam” and controls toys and enables customers to set modes of
`
`playing as discussed below.
`
`
`
`
`5
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 5 of 18
`
`

`

`11. By the spring of 2016, Lovense released toys that were used in chat
`
`rooms by web-streamers (e.g., cam model) to set in the Lovense browser “Basic
`
`Levels” and “Special Commands” as modes of playing according to a viewer’s
`
`input as shown in the March 2, 2016 Webpage below. Ex. 1009-2 at 4-9. As
`
`illustrated, when setting the “Basic Levels,” a web-streamer associated various
`
`tips to various activities, in the example below a tip of 5 tokens was set to
`
`correlate with a vibration for 2 seconds with low vibration power and no rotation
`
`speed, a tip of 10 tokens was set with a vibration for 4 seconds with medium
`
`vibration power and no rotation speed, so on and so forth. When setting the
`
`“Special Commands,” a web-streamer similarly set a “Random Level” that
`
`randomly chooses a level. Ex. 1009-2 at 4-9.
`
`
`
`
`6
`
`
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 6 of 18
`
`

`

`Ex. 1009-2 at 4-9.
`
`12. Around the same time, Lovense enabled a web-streamer, e.g., a model
`
`to reward bigger prizes to viewers that provide larger input values as shown in the
`
`March 2, 2016 Webpage below.
`
`
`
`
`
`
`Ex. 1009-2 at 4-9.
`
`13.
`
`I oversaw and instructed the activities of the Lovense software
`
`development and product development, including the development of “Lovense
`
`Connect” and “Lovense Browser” released in the fall of 2017. Ex. 1009-2 at 10-
`
`18. “Lovense Connect” connects one or more of Lovense toys to allow remote
`
`control of connected toys via customers’ smart phone or PC apps over the Internet.
`
`“Lovense Browser” is a web browser that connects to streaming chat rooms and
`
`provides an interactive interface for viewers to send tips that control the operation
`
`of the Lovense toys.
`
`
`
`
`7
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 7 of 18
`
`

`

`14.
`
`I oversaw and instructed the activities of the Lovense software
`
`development and product development, including by 2019, adding the option to
`
`play online games in online chatrooms and to actuate our Lovense toys according
`
`to the game results. Those games included a “Dice Game” and a “Keno Game.”
`
`Ex. 1009-2 at 19-25. The “Dice Game” outputs virtual dice rolls (i.e., a number
`
`between 2-12) that are randomly generated when an appropriate tip amount is
`
`received. The “Keno Game” is a lottery game initiated by tips that outputs
`
`random numbers, which impact the operations of the connected Lovense toys.
`
`15.
`
`I oversaw and instructed the activities of the Lovense software
`
`development and product development, including publishing the Lovense software
`
`or apps on the Internet for customers to download. For example, the May 18, 2019
`
`Webpage enabled customers to download the “Lovense Bundle” software, which
`
`comprised of the “Lovense Browser” and “OBS Toolset” released on April 28,
`
`2019. Customers could also download “Lovense Connect,” released on April 4,
`
`2019, from the same webpage. Ex. 1009-2 at 26-28. Customers could also
`
`download “Lovense Extension” and “Lovense SmartCam,” both released on April
`
`28, 2019, from this webpage. Ex. 1009-2 at 26-28.
`
`16.
`
`I oversaw and instructed the making and publication of the video
`
`entitled “How to use Lovense Smartcam and the OBS Toolset” on youtube.com
`
`(https://www.youtube.com/watch?v=9fiQGTKNAGU&t=453s), which provided
`
`
`
`
`8
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 8 of 18
`
`

`

`public tutorials showing customers how to set up and use Lovense products. Ex.
`
`1010-1. The video was accessible by the public as of May 21, 2019. The video
`
`shows how by 2019, Lovense web-streamers, such as cam models, would host
`
`online chat room sessions in which viewers controlled the models’ Lovense toys
`
`by providing tips. The tips were typically a virtual currency such as tokens. The
`
`tips would then be used to initiate online games such as a dice game or keno game
`
`that generated random interactive results. As shown in the video, when a game
`
`was played, the Lovense toy(s) were actuated according to the random interactive
`
`results. The tips also directly actuated our Lovense toys according to the pre-
`
`defined modes of playing.
`
`17. The Lovense products in the video were operated through the use of
`
`our software, including the Lovense Browser, installed on the PC of a customer.
`
`Specifically, the Lovense products were aimed and designed for a web-streamer
`
`(e.g., cam model) and only needed to be installed on the device of the web-
`
`streamer rather than a viewer (e.g., tipper). The operations of the software actuated
`
`the Lovense toys such as Lush that was Bluetooth-enable. The Lovense toys were
`
`in communication with the PC of the web-streamer and were actuated when the
`
`Lovense Browser received the tip operations of the viewer or received the results
`
`from an online game such as a dice game as discussed further below.
`
`
`
`
`9
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 9 of 18
`
`

`

`18. The PC, as shown in the video, was a typical off-the-shelf computer
`
`having a memory that stored instructions of the Lovense software such as the
`
`Lovense Browser and a processor that operated the Lovense software. The
`
`Lovense Browser included software instructions that when executed resulted in a
`
`software application.
`
`19. The code version of the Lovense Browser used in the video was
`
`Lovense Browser v23.0.5, released on May 20, 2019. A screenshot from our
`
`server Apache Subversion “SVN ” showing the release date of Lovense Browser
`
`v23.0.5 is shown in Ex. 1013-1, which is reproduced below:
`
`
`
`
`Ex. 1013-1.
`
`
`
`20. The predecessor of Lovense Browser v23.0.5 was Lovense Browser
`
`v23.0.4, released on April 29, 2019. A screenshot from the SVN showing the
`
`
`
`
`10
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 10 of 18
`
`

`

`release date of Lovense Browser v23.0.4 is shown in Ex. 1013-2, which is
`
`reproduced below:
`
`
`Ex. 1013-2.
`
`21. More recent versions of the Lovense Browser are v30.1.2, released on
`
`April 28, 2020, and v30.1.7, released on August 28, 2020. The screenshots from a
`
`third-party platform, GitLab, showing the release date of Lovense Browser
`
`v30.1.2 is shown in Ex. 1013-3, and a screenshot from GitLab showing the release
`
`date of Lovense Browser v30.1.7 is shown in Ex. 1013-4, both of which are
`
`reproduced below:
`
`
`
`
`Ex. 1013-3.
`
`
`
`
`
`11
`
`
`
`
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 11 of 18
`
`

`

`
`Ex. 1013-4.
`
`
`
`22. The Lovense Browser in this video provided an online chat room
`
`accessible by web-streamers’ devices such as a model PC installed thereon
`
`“Lovense Browser” or a normal browser (e.g., Firefox or Chrome) with built-in
`
`“Lovense Extension” and/or a viewer PC installed thereon any browser that can
`
`access to the internet and watch the live-streaming broadcast. The Lovense
`
`Browser was used by models, to define input parameters, including the “Basic
`
`Levels” and “Special Commands” similar to the March 2, 2016 Webpage
`
`described above, corresponding to various modes of operating Lovense toys
`
`according to a viewer’s input. The Lovense Browser received input from a viewer
`
`and actuate Lovense toys according to the model-defined input parameters. This
`
`specifically included defining how the toys responded to various tip input. For
`
`example, a model could define 1-10 tokens for all toys to react for 3 seconds with
`
`low vibration and low rotation, 15-20 tokens for all toys to react for 4 seconds
`
`with low vibration and low rotation, 21-30 tokens for the Lush toy to react for 5
`
`seconds with low vibration and no rotation, so on and so forth. A model could
`
`define other vibration parameters not limited to the ones described above. Under
`
`this setting, if a model receives a 10-token tip, the Lovense Browser on the
`
`
`
`
`12
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 12 of 18
`
`

`

`model’s device determines that the tip falls under the range “1-10 tokens” and
`
`vibrates the toy accordingly.
`
`23. The Lovense Browser in the video also enabled a customer (e.g., a
`
`cam model) to invite viewers to play the dice game and keno game (lottery game)
`
`within the Chaturbate chat room for different tokens predefined by the customer.
`
`For example, a model sets 20 tokens to play the dice game and 120 tokens to play
`
`the keno game. A viewer providing 20 tokens would be permitted to play the dice
`
`game and providing 120 tokens would be permitted to play the keno game. And
`
`the Lovense Browser on the PC of a model device provided an interactive
`
`interface to roll the dice once the model device receives 20 tokens in this example.
`
`In another example, a model sets 12 tokens to play the dice game and a viewer
`
`providing 12 tokens or higher input would be permitted to play the dice game.
`
`24.
`
`In the dice game, a model using the Lovense Browser predefined a
`
`plurality of different modes of vibration associated with the different pre-defined
`
`results of the games (e.g., rolling a 2 to 12). For example, a model using the
`
`Lovense Browser set a “no actuating” mode by setting “0 Sec” under “Reaction
`
`Time,” or setting “off” under “Vibration” and “Rotation / Air Pump.” The model
`
`could also set “4 Sec” under “Reaction Time,” “medium” under “Vibration,” and
`
`“low” under “Rotation / Air Pump” for a dice roll result of “2.” The model could
`
`also set “3 Sec” under “Reaction Time,” “low” under “Vibration,” and “off” under
`
`
`
`
`13
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 13 of 18
`
`

`

`“Rotation / Air Pump” for a dice roll result of “7.” A model using the Lovense
`
`Browser was further enabled to set other vibration modes corresponding to other
`
`dice rolling results.
`
`25. The Lovense Browser would be used multiple times in a row and
`
`generated different outputs. For example, a model using the Lovense Browser
`
`could roll the dice twice so that the dice rolls for a time period with a vibration
`
`mode as defined above and for another time period for another vibration mode as
`
`defined above. Upon receiving the game results, the Lovense Browser of a model
`
`device was configured to send commands to Lovense toys such as Lush to control
`
`them according to the results.
`
`26. To start a game, the Lovense Browser received an input from a model,
`
`such as a click on “Start” under the “Dice Game” and a click on “Save” under
`
`“Switch / Save Settings for Chaturbate” like shown in the video “How to use
`
`Lovense Smartcam and the OBS Toolset.” Then, the Lovense Browser enabled
`
`the interface of the model device to receive an input from a viewer over the
`
`Internet, such as a tip of 12 tokens that would initiate the dice rolling.
`
`27. After receiving the viewer’s appropriate tip, the Lovense Browser
`
`performed a “roll” like shown in the video causing a random number generator to
`
`provide an output in the chat window, such as a dice roll of “7.” Then the Lovense
`
`Browser sent a Lovense toy, such as the Lush, commands to remotely control the
`
`
`
`
`14
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 14 of 18
`
`

`

`toy corresponding to the dice roll results. In this way, Lush was remotely
`
`controlled by the viewer.
`
`28. The Lovense Browser also enabled a model to reward bigger prizes to
`
`those viewers that provide larger input values similar to the Lovernse browser of
`
`2016 Webpage as discussed above.
`
`29. A screenshot of a portion of Lovense Browser v23.0.5 as shown in
`
`Ex. 1014 (reproduced below) demonstrates that the dice game invokes a random
`
`function when generating the results from rolling the dice:
`
`
`
`
`Ex. 1014.
`
`
`
`
`15
`
`
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 15 of 18
`
`

`

`30. The Lovense Browser v23.0.5 used in the video “How to use Lovense
`
`Smartcam and the OBS Toolset” provided interfaces for both the model device
`
`and the viewer device during the online chat session including when playing
`
`online games. The Lovense Browser enabled a viewer to tip a web-streamer to roll
`
`dices, the result of which would show on both the viewer side and the web-
`
`streamer side and actuated the toys accordingly. Below are two screenshots
`
`showing the views of a model with a Chaturbate account name “lovensetester” and
`
`a viewer with an account name “dxtest” playing the dice game in the Chaturbate
`
`chat room. Ex. 1015-1 shows the interactive interface from the model’s device and
`
`Ex. 1015-2 shows the interactive interface from the viewer’s device::
`
`
`
`
`Ex. 1015-1.
`
`
`
`
`
`16
`
`
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 16 of 18
`
`

`

`
` Ex. 1015-2.
`
`
`
`31.
`
`I understand that the Petition relies on an exemplary 2019 System
`
`shown in the YouTube video (Ex. 1010-1), and I agree that the video demonstrates
`
`the use of that was available as of 2019. The 2019 System includes the Lovense
`
`Lush toy and its supporting software “Lovense Browser” (v23.0.5 released May
`
`20, 2019), “Lovense Smartcam” installed on a PC of a user (e.g., a model) used in
`
`a third-party interactive online chat room (e.g., Chaturbate)). I understand that the
`
`2019 System was publicly available before November 3, 2020 and is
`
`representative of the other Lovense products described in the Petition.
`
`
`
`
`
`
`
`
`17
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 17 of 18
`
`

`

`I declare under penalty ofperjury under the lawsofthe United
`States ofAmerica that the foregoingis true and correct.
`
`Executed this on June 23, 2022, in Guangzhou, CHINA.
`Jilin Qiu
`C
`
`1
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 18 of 18
`
`Danxiao PGR2022-00050
`Exhibit 1008, p. 18 of 18
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket