throbber
Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 1 of 29
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`

`DISPLAY TECHNOLOGIES, LLC,

`
`
`
`
`
`

`Plaintiff,
`
`
`

`
`
`
`
`
`

`
`
`
`
`
`vs.

`
`
`
`
`
`

`TOYOTA MOTOR SALES, U.S.A., INC.,

`
`
`
`
`
`

`
`Defendant.
`
`
`
`_____________________________________ §
`
`
`
`
`
`Case No: 1:21-cv-00283
`
`PATENT CASE
`
`
`
`
`
`
`
`
`
`COMPLAINT
`
`
`
`
`
`
`Plaintiff Display Technologies, LLC (“Plaintiff” or “Display”) files this Complaint
`
`against Toyota Motor Sales, U.S.A., Inc. (“Defendant” or “Toyota”) for infringement of United
`
`States Patent No. 9,300,723 (the “ ‘723 Patent”).
`
`PARTIES AND JURISDICTION
`
`
`
`1.
`
`This is an action for patent infringement under Title 35 of the United States Code.
`
`Plaintiff is seeking injunctive relief as well as damages.
`
`
`
`2.
`
`Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 (Federal
`
`Question) and 1338(a) (Patents) because this is a civil action for patent infringement arising
`
`under the United States patent statutes.
`
`
`
`3.
`
`Plaintiff is a Texas limited liability company with a place of business at 1 East
`
`Broward Boulevard, Suite 700, Ft. Lauderdale, FL 33301.
`
`
`
`4.
`
`On information and belief, Defendant is a California corporation with a principal
`
`place of business at 6565 Headquarters Drive, Plano, TX 75024. On information and belief,
`
`Defendant may be served through its registered agent, CT Corporation System, located at 818
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 2 of 29
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`W. Seventh St., Suite 930, Los Angeles, CA 90017.
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`
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`
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`5.
`
`This Court has personal jurisdiction over Defendant because Defendant has
`
`committed, and continues to commit, acts of infringement in this District, has conducted business
`
`in this District, and/or has engaged in continuous and systematic activities in this District.
`
`
`
`6.
`
`Upon information and belief, Defendant’s instrumentalities that are alleged
`
`herein to infringe were and continue to be used, imported, offered for sale, and/or sold in this
`
`District.
`
`VENUE
`
`
`
`7.
`
`On information and belief, venue is proper in this District under 28 U.S.C. §
`
`1400(b) because acts of infringement are occurring in this District and Defendant has a regular
`
`and established place of business in this District at, for example, 1440 W. Loop 340, Waco, TX
`
`76712.
`
`
`
`
`
`
`8.
`
`9.
`
`COUNT I
`(INFRINGEMENT OF UNITED STATES PATENT NO. 9,300,723)
`
`Plaintiff incorporates paragraphs 1 through 7 herein by reference.
`
`This cause of action arises under the patent laws of the United States and, in
`
`particular, under 35 U.S.C. §§ 271, et seq.
`
`
`
`10.
`
`Plaintiff is the owner by assignment of the ‘723 Patent with sole rights to enforce
`
`the ‘723 Patent and sue infringers.
`
`
`
`11.
`
`A copy of the ‘723 Patent, titled “Enabling social interactive wireless
`
`communications,” is attached hereto as Exhibit A.
`
`
`
`12.
`
`The ‘723 Patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`
`
`13.
`
`Defendant has infringed and continues to infringe one or more claims, including
`
`PLAINTIFF’S COMPLAINT AGAINST DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 3 of 29
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`at least Claim 12 of the ‘723 Patent by making, using, and/or selling media systems covered by
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`one or more claims of the ‘723 Patent. For example, Defendant makes, uses, and/or sells the
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`Toyota Audio Multimedia & Connected Services car infotainment system, and any similar
`
`products (“Product”). Defendant has infringed and continues to infringe the ‘723 Patent in
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`violation of 35 U.S.C. § 271.
`
`
`
`14.
`
`Regarding Claim 12, the Product is configured to receive a media file (e.g., music
`
`file or songs video) from a wireless mobile device (e.g., mobile phone) over a communication
`
`network (e.g. Bluetooth network). The wireless mobile device (e.g., mobile phone) sends data
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`(e.g., music file) to the media system. Certain aspects of this element are illustrated in the
`
`screenshots below and/or those provided in connection with other allegations herein.
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 4 of 29
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`
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`15.
`
`The Product includes a wireless receiver (e.g., Bluetooth receiver). Certain
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`aspects of this element are illustrated in the screenshots below and/or in those provided in
`
`connection with other allegations herein.
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`
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`
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`
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`16.
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`The Product includes a security measure. For example, the Product must be
`
`paired and connected by inputting a password and/or Bluetooth code (i.e., a security measure) to
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`a wireless mobile device (e.g., mobile phone) before receiving a media file. Certain aspects of
`
`this element are illustrated in the screenshots below and/or those provided in connection with
`
`other allegations herein.
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`
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`17.
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`The Product is disposed in an accessible relation to at least one interactive
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`computer network (e.g., Bluetooth network) that has a wireless range structured to permit
`
`authorized access (e.g., via pairing code) to said at least one interactive computer network.
`
`Certain aspects of this element are illustrated in the screenshots below and/or those provided in
`
`connection with other allegations herein.
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`
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 8 of 29
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`18. When the wireless mobile device is within the wireless range, the wireless mobile
`
`device is detectable by the media system (e.g., the media system automatically detects a
`
`smartphone when the mobile device is within Bluetooth range). Certain aspects of this element
`
`are illustrated in the screenshots below and/or those provided in connection with other
`
`allegations herein.
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 9 of 29
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`
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`19.
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`At least one digital media file (e.g., music file) is initially disposed on the wireless
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`mobile device (e.g., the mobile phone includes one or more music files). Certain aspects of this
`
`element are illustrated in the screenshots below and/or those provided in connection with other
`
`allegations herein.
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`
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`
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`20.
`
`The media system is structured to detect the wireless mobile device disposed
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`within the wireless range (e.g., media system automatically detects the mobile phone when it is
`
`within Bluetooth range). Certain aspects of this element are illustrated in the screenshots below
`
`and/or those provided in connection with other allegations herein.
`
`
`
`
`
`
`
`21.
`
`A communication link (e.g., Bluetooth) is structured to dispose the media system
`
`and the wireless mobile device (e.g., mobile phone) in a communicative relation with one another
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 11 of 29
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`via the at least one interactive computer network. Certain aspects of this element are illustrated
`
`in the screenshots below and/or those provided in connection with other allegations herein.
`
`
`
`22.
`
`The communication link is initiated by the media system. The devices will
`
`automatically connect when the units are in range. Certain aspects of this element are illustrated
`
`in the screenshots below and/or those provided in connection with other allegations herein.
`
`
`
`
`
`23.
`
`The wireless mobile device and the media system are structured to transmit the
`
`at least one digital media file there between via the communication link (e.g., media system
`
`allows for the transmission of files between itself and the wireless mobile device; e.g., the mobile
`
`device transmits the music file to the media system). Certain aspects of this element are
`
`illustrated in the screenshots below and/or those provided in connection with other allegations
`
`herein.
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 12 of 29
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 13 of 29
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 14 of 29
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`24.
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`The communication link is structured to bypass the security measure of the media
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`system for a limited permissible use of the communication link by the wireless mobile device
`
`for only transferring the at least one digital media file to, and displaying the at least one digital
`
`media file on, the media system (e.g., the media system bypasses the security measure of the
`
`Bluetooth network). Certain aspects of this element are illustrated in the screenshots below
`
`and/or those provided in connection with other allegations herein.
`
`
`
`25.
`
`Defendant’s actions complained of herein will continue unless Defendant is
`
`enjoined by this court.
`
`
`
`26.
`
`Defendant’s actions complained of herein are causing irreparable harm and
`
`monetary damage to Plaintiff and will continue to do so unless and until Defendant is enjoined
`
`and restrained by this Court.
`
`
`
`27.
`
`Plaintiff is in compliance with 35 U.S.C. § 287.
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 15 of 29
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff asks the Court to:
`
`(a)
`
`Enter judgment for Plaintiff on this Complaint on all causes of action asserted
`
`
`
`
`
`herein;
`
`
`
`(b)
`
`Enter an Order enjoining Defendant, its agents, officers, servants, employees,
`
`attorneys, and all persons in active concert or participation with Defendant who receive notice
`
`of the order from further infringement of United States Patent No. 9,300,723 (or, in the
`
`alternative, awarding Plaintiff running royalties from the time of judgment going forward);
`
`
`
`(c)
`
`Award Plaintiff damages resulting from Defendant’s infringement in accordance
`
`with 35 U.S.C. § 284;
`
`Award Plaintiff pre-judgment and post-judgment interest and costs; and
`
`Award Plaintiff such further relief to which the Court finds Plaintiff entitled under
`
`
`
`
`
`(d)
`
`(e)
`
`law or equity.
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 16 of 29
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`Dated: March 30, 2021
`
`Respectfully submitted,
`
`/s/ Jay Johnson
`JAY JOHNSON
`State Bar No. 24067322
`D. BRADLEY KIZZIA
`State Bar No. 11547550
`KIZZIA JOHNSON, PLLC
`1910 Pacific Ave., Suite 13000
`Dallas, Texas 75201
`(214) 451-0164
`Fax: (214) 451-0165
`jay@kjpllc.com
`bkizzia@kjpllc.com
`
`ATTORNEYS FOR PLAINTIFF
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 17 of 29
`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 17 of 29
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`EXHIBIT A
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`EXHIBIT A
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`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 18 of 29
`C3596121'CV'00313 D"C“merlfllllllflllflfl“11111111111lllll'llllfllfll111111111||||||||||||
`
`US009300723B2
`
`(12) United States Patent
`US 9,300,723 B2
`(10) Patent N0.:
`Rothschild
`
`(45) Date of Patent: *Mar. 29, 2016
`
`(54)
`
`(75)
`
`(73)
`
`ENABLING SOCIAL INTERACTIVE
`WIRELESS COMMUNICATIONS
`
`Inventor: Leigh M. Rothschild, Sunny Isles
`Beach, FL (US)
`
`Assignee: Display Technologies, LLC, Plano, TX
`(US)
`
`(*)
`
`Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 398 days.
`
`This patent is subject to a terminal dis-
`claimer.
`
`(21)
`
`Appl. No.: 13/494,097
`
`(22)
`
`Filed:
`
`Jun. 12, 2012
`
`Prior Publication Data
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`4,672,572 A
`5,555,407 A
`5,694,546 A
`5,805,442 A
`5,857,187 A
`5,892,825 A
`5,915,093 A
`
`6/1987 Alsberg
`9/1996 Cloutier et a1.
`12/1997 Reisman
`9/1998 Crater et a1.
`1/1999 Uenoyama et a1.
`4/1999 Mages et a1.
`6/1999 Berlin et a1.
`
`(Continued)
`OTHER PUBLICATIONS
`
`“Bluetooth Demystified”, Nathan J. Muller, 2000, chapter 8, pp.
`290-304.*
`Takahashi, D., “A New MediumiThe Bridge Solution; CD-Roms
`help give the illusion that the PC has No Limits .
`.
`. ” The Wall Street
`Journal, Dow Jones & C0., Mar. 20, 1997.
`Ladd, E., “The Document Tags,” Oct. 23, 2006, retrieved from the
`Internet:
`<http://www.sunsite.serc.iisc.ernet.in/virlib/html/plati-
`num/ch4.htm>.
`
`(65)
`
`(63)
`
`(51)
`
`(52)
`
`(58)
`
`US 2012/0254360 A1
`
`Oct. 4, 2012
`
`(Continued)
`
`Related US. Application Data
`
`Continuation-in-part of application No. 11/999,570,
`filed on Dec. 7, 2007, now Pat. No. 8,671,195.
`
`Int. Cl.
`
`G06F 15/16
`H04L 29/08
`H04L 29/06
`H04W12/08
`US. Cl.
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2009.01)
`
`CPC ............ H04L 67/06 (2013.01); H04L 63/0209
`(2013.01); H04L 63/10 (2013.01); H04L 63/20
`(2013.01); H04W12/08 (2013.01)
`Field of Classification Search
`CPC ..... H04L 63/00; H04L 63/0209; H04L 63/10;
`H04L 67/06; H04L 65/1069; H04L 67/14;
`H04L 63/20; H04W 12/08
`USPC ........ 701/33; 370/338, 395.52; 709/223, 203,
`709/225, 229, 217; 455/420
`See application file for complete search history.
`
`Primary Examiner 7 Jungwon Chang
`(74) Attorney, Agent, or Firm 7 Greer, Bums & Crain, Ltd.
`
`(57)
`
`ABSTRACT
`
`A transfer system from transferring a media file includes a
`vehicle media system and a wireless mobile device. The
`vehicle media system includes a wireless receiver, a security
`measure, and a processor configured to wirelessly detect the
`wireless mobile device, and receive, using the wireless
`receiver, the media file from the wireless mobile device. The
`wireless mobile device includes a wireless transmitter, and a
`processor configured to wirelessly detect the vehicle media
`system, and transmit, using the wireless receiver, the media
`file from the wireless mobile device. At least one of the
`
`wireless mobile device and vehicle media system is config-
`ured to create a wireless connection between the vehicle
`
`media system and the wireless mobile device, and the wire-
`less connection does not include the security measure.
`
`50 Claims, 4 Drawing Sheets
`
`22
`
`25
`
`50
`
`
`
`20 25
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 19 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 19 of 29
`
`US 9,300,723 B2
`Page 2
`
`(56)
`
`References Cited
`
`OTHER PUBLICATIONS
`
`U.S. PATENT DOCUMENTS
`
`Creative Wonders/Electronic Arts. “ABC News Linksifrom CD-
`
`ROM Access,” Aug. 17, 2007, retrieved from the Internet: <http://
`www.cdaccess.com/html/pc/abcnews.htm>.
`Krushenisky, C., “Reference Resources That Make the Best Reports
`Even Better,” Smart Computing, Aug. 17, 2007, retrieved from the
`Internet: <http://www.smartcomputing.com>.
`Iqbal, M.S., et a1., “A Simplified and an Efficient Packet Level
`Internet Access Control Scheme,” Ethertech Conslt. Ltd., UK, 1992.
`Heylighen, R, “World Wide Web: a di stributed hypermedia paradigm
`for global networking,” SHARE Europe Spring Conference, pp. 355-
`368, Brussels, Belgium, Apr. 1994.
`Citrix Winview for Networks Installation Guide, Citrix Systems, Inc.,
`1990. Version WV.2.3.emj.
`Reisman, R.R., “Raising a Bumper Crop of CD-ROM Hybrids,”
`Mass High Tech. Mass Tech Times, Inc., Boston, MA, Sep. 2, 1996,
`vol. 14, No. 29, p. 17.
`Britton, M, et a1., “Discover Desktop Conferencing with Netrneeting
`2.0,” IDG Books Worldwide, Inc., 1997.
`
`* cited by examiner
`
`7/1999
`8/1999
`11/1999
`8/2000
`11/2000
`7/2003
`12/2009
`5/2010
`6/2011
`7/2004
`7/2004
`10/2005
`4/2007
`5/2008
`9/2008
`2/2009
`6/2009
`3/2010
`8/2011
`
`Hanson
`Uranaka
`Shuster
`Rothschild
`Stevens
`Reisman
`Thomas et a1.
`Violleau et a1.
`Rothschild
`Rockwell
`Hagen et a1.
`.................. 709/203
`
`Vimpari
`370/395.52
`Ayoub .......................... 709/223
`Gustavsson
`Ullah ............................ 455/420
`Toledano et a1.
`............. 370/338
`Rothschild
`Brzezinski et a1.
`Rothschild
`
`............. 701/33
`
`AAAAAB
`
`1
`B2
`B1
`C1
`A1
`A1*
`A1*
`A1*
`A1
`A1*
`A1*
`A1
`A1*
`A1
`
`5,922,045
`5,937,158
`5,996,000
`6,101,534
`6,145,088
`6,594,692
`7,631,084
`7,711,783
`6,101,534
`2004/0128375
`2004/0133631
`2005/0226254
`2007/0094366
`2008/0120369
`2008/0220760
`2009/0046677
`2009/0150554
`2010/0063670
`2011/0202993
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 20 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 20 of 29
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`US. Patent
`
`Mar. 29, 2016
`
`Sheet 1 0f4
`
`US 9,300,723 B2
`
` FIGURE1
`
`26
`
`20
`
`10
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 21 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 21 of 29
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`US. Patent
`
`Mar. 29, 2016
`
`Sheet 2 0f4
`
`US 9,300,723 B2
`
`FIGURE2
`
`
`
`46
`
`/
`
`4050
`
`/
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 22 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 22 of 29
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`US. Patent
`
`Mar. 29, 2016
`
`Sheet 3 of4
`
`US 9,300,723 B2
`
`FIGURE3
`
`10
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 23 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 23 of 29
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`US. Patent
`
`Mar. 29, 2016
`
`Sheet 4 of4
`
`US 9,300,723 B2
`
`100
`
`\‘
`
`Media Node
`
`Disposed Within
`Wireless Range
`
`Media Terminal
`
`Detects
`
`Media Node
`
`
`
`Media Terminal
`
`Initiates
`
`Communication Link
`
`With Media Node
`
`Establish
`
`Communication Link
`
`Transmit Digital
`Media File
`
`Between
`
`Media Node and
`
`Media Terminal
`
`102
`
`104
`
`106
`
`108
`
`110
`
`FIGURE 4
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 24 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 24 of 29
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`US 9,300,723 B2
`
`2
`
`1
`ENABLING SOCIAL INTERACTIVE
`WIRELESS COMMUNICATIONS
`
`CROSS-REFERENCE TO RELATED
`APPLICATIONS
`
`This application is a Continuation-in-Part of US. applica-
`tion Ser. No. 11/999,570, filed on Dec. 7, 2007, which is
`incorporated herein by reference in its entirety.
`
`BACKGROUND
`
`1. Field
`
`The present disclosure is generally related to a digital
`media communication protocol structured to facilitate trans-
`ferring and/or transmitting one or more digital media files to
`and/or from a media terminal and a media node Via at least
`
`one interactive computer network.
`
`2. Description of the Related Art
`
`As technology continues to develop and play a significant
`role in today’s society, a vast majority of portable devices,
`including mobile telephones, cellular telephones, portable
`MP3 players, handheld or portable game consoles, Personal
`Digital Assistants (“PDA”), etc. are equipped with memory
`devices, such as hard drives and/or removable flash or
`memory cards, which are capable of holding or storing large
`amounts of data and or digital media files including digital
`photographs, videos, audio/music files, etc. Accordingly,
`with the advent of such devices having these capabilities,
`individuals or users are more inclined to carry around their
`media files, such as, for example, digital photo albums, family
`videos, and/or favorite music tracks.
`
`The drawback to the above noted portable media devices,
`however, is that many of the devices include relatively small
`display screens, some of which display poor quality photos
`and/or videos. In addition, the speakers associated with the
`corresponding portable device(s) are typically rather small
`and produce minimal or poor sound therefrom.
`In addition, the individuals or users of the media devices
`may desire to share the digital media files and/or transfer,
`display, or play the files on a computer or other media device
`equipped with a larger or better quality screen, or having
`higher quality speakers than that disposed on the portable
`device(s). In addition, some media devices may have better
`editing software, or have access to the World Wide Web to
`further distribute the digital media files.
`Accordingly, it would be advantageous if the digital media
`communication protocol of the present specification is struc-
`tured to facilitate transferring or transmitting one or more
`digital media files between two or more media devices, such
`as a media terminal and/or a media node, via at least one
`interactive computer network. In particular, it would be ben-
`eficial ifthe digital media communication protocol includes a
`communication link structured to bypass at least one or more
`security measures, such as a password and/or firewall,
`employed by the interactive computer network, the corre-
`sponding networking devices, and/or the particular media
`devices themselves.
`
`In addition, once the communication link is established it
`would be particularly beneficial if the various media devices,
`including the media terminal(s) and/or media node(s), are
`
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`structured to display, save, edit, manipulate, and/or transfer
`the one or more digital media files.
`
`BRIEF DESCRIPTION OF THE SEVERAL
`VIEWS OF THE DRAWINGS
`
`For a more complete understanding of the nature of the
`present disclosure, reference should be had to the following
`detailed description taken in connection with the accompa-
`nying drawings in which:
`FIG. 1 is a schematic representation of one embodiment of
`the digital media communication protocol in accordance with
`the present specification.
`FIG. 2 is a schematic representation of another embodi-
`ment of the digital media communication protocol in accor-
`dance with the present specification.
`FIG. 3 is a schematic representation ofyet another embodi-
`ment of the digital media communication protocol in accor-
`dance with the present specification.
`FIG. 4 is a partial flow chart of at least one illustrative
`implementation ofthe digital media communication protocol
`of the present specification. FIG. 1 is a schematic represen-
`tation of at least one embodiment of the system for enabling
`social interactive wireless communication as disclosed in
`
`accordance with the present disclosure.
`Like reference numerals refer to like parts throughout the
`several views of the drawings.
`
`DETAILED DESCRIPTION
`
`the present
`As shown in the accompanying drawings,
`specification relates to a digital media communication proto-
`col, generally indicated as 10. As illustrated in FIGS. 1
`through 3, at least one embodiment of the present protocol or
`system 10 includes one or more media terminals 20 and one or
`more media nodes 30. In particular, the media terminal(s) 20
`of at least one embodiment is disposed in an accessible rela-
`tion to at least one interactive computer network 40 and may
`include, for example, a computer processing device 22, an
`input device 24, and a display device 26. Accordingly, as
`shown in FIG. 1, the media terminal(s) 20 of the various
`embodiments described herein may include a computer, how-
`ever, any device structured to facilitate the practice of the
`present system in the intended fashion may be utilized,
`including but in no way limited to a desktop computer, laptop
`or notebook computer, PDA, video game console, mobile
`telephone, media system of a vehicle (e.g., an automobile),
`etc.
`
`The media node(s) 30 of at least one embodiment of the
`present system 10 generally includes a portable device such
`as a cellular or mobile telephone, PDA, portable mp3 player,
`laptop or notebook computer, or any other digital media
`device structured to facilitate the practice of the present sys-
`tem in the intended manner. In at least one embodiment,
`however, the media node 3 0 is not limited to a portable device,
`and may include a more stationary device or structure such as,
`for example, a desktop computer.
`Furthermore,
`the various embodiments of the present
`specification include at least one interactive computer net-
`work 40, 40'. In particular, as illustrated in FIG. 1, at least one
`embodiment includes one or more home, office, private, lim-
`ited, or closed interactive computer networks 40 at least par-
`tially defined by one or more networking devices 42, includ-
`ing but not limited to a router, access point, and/or switch.
`Accordingly,
`the interactive computer network 40 may
`include a Local Area Network (“LAN”), Wide Area Network
`(“WAN”), Private Area Network (“PAN”), peer-to-peer net-
`
`

`

`Case 6:21-cv-00313 Document 1 Filed 03/30/21 Page 25 of 29
`Case 6:21-cv-OO313 Document 1 Filed 03/30/21 Page 25 of 29
`
`US 9,300,723 B2
`
`3
`work, near field communication (“NFC”), Bluetooth net-
`work, etc. As best shown in FIGS. 2 and 3, it is also contem-
`plated that, especially wherein the interactive computer
`network 40 is a Bluetooth or peer-to-peer network, the media
`terminal(s) 20 and/or the media node(s) 30 can function as the
`networking deVice(s) 42, at least to the extent of defining the
`interactive computer network 40. Additionally, and referring
`again to FIG. 1, at least one interactive computer network 40'
`of at least one embodiment includes access to the World Wide
`
`Web, for example via the Internet. Such access to the World
`Wide Web 40' may be facilitated in any manner, including but
`not limited to, via a cable or DSL modem 44, as shown in FIG.
`1, or via one or more satellites 46 and/or one or more towers
`or base stations 48, as illustrated in FIG. 2.
`In addition, and still referring to FIGS. 1 through 3, at least
`one embodiment of the present system 10 includes a wireless
`range 50 structured to permit access to the one or more inter-
`active computer networks 40. In particular, as shown in FIG.
`1, the wireless range 50 may be at least partially defined by
`networking devices 42, such as a wireless router, access point,
`switch, etc. In yet another embodiment, as shown in FIGS. 2
`and 3, however, the wireless range 50 may be partially defined
`by the media terminal 20 and/or media node 30, such as, for
`example, wherein the interactive computer network 40
`includes a Bluetooth or peer-to-peer network.
`In addition, and as an attempt to minimize or eliminate
`unauthorized access or security breaches to the interactive
`computer network 40, the interactive computer network 40
`and/or the various networking deVice(s) 42 may include one
`or more networking device security measures 41 including a
`firewall, and/or passwords/keys such as, for example, Wi-Fi
`Protected Access (“WPA”) keys, and/or Wireless Application
`Protocol (“WAP”) keys. Accordingly, only authorized indi-
`viduals or computers may generally have access to the inter-
`active computer network 40 through the firewall, via use of
`the password(s)/key(s), and/or any other networking device
`security measure(s) 41.
`The present system 10 further includes at least one digital
`media file 60 initially disposed or saved on at least one of the
`media terminal(s) 20 or media node(s) 30. Specifically,
`the digital media file(s) 60 may be disposed on the media
`terminal(s) 20, the media node(s) 30, or both. However, it
`should be apparent that for purposes ofthe present system 10,
`the digital media file 60 need not necessarily be created or
`originated on either the media terminal(s) 20 or the media
`node(s) 30. In particular, the digital media file(s) 60 may
`include virtually any electronic file or data such as a digital
`photograph, video, audio, animation, text, or any other elec-
`tronic document or object.
`Moreover, in at least one embodiment ofthe present system
`10, the media node(s) 30 is disposable within the wireless
`range 50, wherein the media node 30 is detectable by the
`media terminal 20. In particular, as stated above, in at least
`one embodiment, the media node 30 includes a portable
`device, such as a mobile or cellular phone, PDA, laptop, etc.
`Accordingly, the media node 30 may be disposed within, i.e.,
`enter, the confines of the wireless range 50, for example,
`when a user or individual carries the media node 30 therein. In
`
`addition, for purposes of the present system 10, the media
`node 30 may be disposed within the wireless range 50 when
`the device is powered on, activated, or otherwise configured
`into a discoverable and/or detectable state while simulta-
`
`neously being physically disposed within the confines of the
`wireless range 50, and as such, the media node 30 need not
`necessarily be portable or easily movable. For instance, while
`physically disposed within the confines of the wireless range
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`50, the media node(s) 30 may be powered on or otherwise
`have wireless or Bluetooth capabilities activated.
`Furthermore, the media terminal(s) 20 disposed in acces-
`sible relation to the interactive computer network 40 are
`structured to detect the media node(s) 30 as the media node(s)
`30 is disposed within the confines of or is otherwise detect-
`able within the wireless range 50. Particularly, in at least one
`embodiment, each media node 30 includes a node identifier
`structured to distinguish one media node 30 within the wire-
`less range 50 from another. For example, the node identifier
`may include a device name, model/serial number, Media
`Access Control (“MAC”) address, or Internet Protocol (“IP”)
`address. Accordingly, as the media node 30 enters or is oth-
`erwise disposed within the wireless range 50, the media ter-
`minal 20 is structured to detect and/or identify the media node
`30, for example, by the corresponding node identifier.
`In addition, at least one embodiment of the present system
`10 includes a terminal program disposed in an accessible
`relation to the media terminal 20. In particular, the terminal
`program of at least one embodiment is a computer software
`program structured to facilitate the practice of the present
`system 10 in the intended fashion, at least from the media
`terminal 20 side ofthe system 10. The terminal program, of at
`least one embodiment, may be disposed on the media termi-
`nal 20, such as, for example, on a hard drive, or other memory
`device associated with the media terminal 20. In yet another
`embodiment, however, the terminal program may be acces-
`sible via the at least one interactive network 40, 40', such as,
`for example, via the World Wide Web. For example, in the
`embodiment wherein the terminal program is accessible via
`the World Wide Web, a user may direct a web browser dis-
`posed in the media terminal 20 to a particular web site, which
`then runs or executes the terminal program and/or downloads
`the terminal program to the media terminal 20.
`Either way, the terminal program may include at least one
`script which is structured to consistently or periodically
`monitor the wireless range 50 associated with the interactive
`computer network 40 for the existence of media nodes 30.
`When a media node 30 is disposed within the wireless range
`50, the terminal program may be structured or configured to
`automatically alert a user at the media terminal 20 of the
`existence or detection of the media node 20. In particular, the
`terminal program may deploy a pop-up display, play an audio
`alarm or tone, etc. On the other hand, the terminal program
`may be structured or configured to alert or notify the user of
`any detected media nodes 30 only upon the user’s specific
`instructions. For example, the media terminal 20, and in par-
`ticular the terminal program thereof, may be structured to list
`or display the media nodes 30 currently disposed within the
`wireless range 50 upon the user clicking on or otherwise
`manipulating a corresponding option of the terminal pro-
`gram.
`At least one embodiment of the present system 10 further
`includes a communication link 70 structured to dispose the
`media terminal(s) 20 and the media node(s) 30 in a commu-
`nicative relation with one another via the interactive computer
`network 40. In particular, the communication link 70 of the
`various embodiments of the present system 10 is created
`and/or requested by the media terminal 20. As stated above,
`the media terminal 20 is structured to detect the media node(s)
`30 disposed within the wireless range 50. As also stated
`above, the media node 30 may, but need not, however, be
`configured to have access to the interactive computer network
`40. For example, the interactive computer network 40 and/or
`the corresponding networking deVice(s) 42 may be equipped
`w

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