PATROLL Winning Submission

U.S. Patent 8,166,081

Claims 9-11 of the patent-at-issue, U.S. Patent 8,166,081 (“StratosAudio”), which was
filed on Feb. 5, 2009, and claimed a Feb. 5, 2008, priority date, are directed to a system for
combining multiple media. The system comprises a first receiver module configured to receive at
least a first media content, a second receiver module configured to receive at least a second
media content discretely from the first media content, an output system configured to present
concurrently the first and second media content, an input module configured to receive a
response responsive to the second media content, and a transmitting module configured to
transmit a response having uniquely identifying data specific to the second media content to a
computer server (independent claim 9). Furthermore, the system comprises an output selection
module configured to limit the output of the first and second media content based on a criterion
(dependent claim 10), and a computer storage device configured to store at least one of the first
and second media content (dependent claim 11). Generally, the first media content relates to
broadcast content, and the second media content relates to advertisement content.

The primary reference, U.S. Patent 8,060,407 (“T Mobile”), which was filed on Sep. 4,
2007, and without an earlier claimed priority date, is directed to a media player. The media
player comprises a communications interface, a memory store containing a plurality of
personalized advertisements, and a media playback component. The targeted advertisements are
refreshed by receiving updates from the communications interface during some of the intervals
when the media player is connected to a network. The targeted advertisements are indexed by a
plurality of characteristics, the first characteristic being a creation date of the targeted
advertisements. The media playback component is configured to play a media content, wherein
the media content is stored separately from the targeted advertisements, and to play one of the
targeted advertisements in the memory store selected based on the characteristics of the one of
the targeted advertisements.

The secondary reference, U.S. Patent Pub. 2007/0107010 (“UV Corp”), which was filed
on Nov. 8, 2005, and without an earlier claimed priority date, is directed to an interactive
advertising and program promotion in an interactive television system. A user may be able to
select an interactive advertisement and may be presented with interactive content or features that
may entice the user to view the advertisement. The interactive content or features may be related
or unrelated to the product or service being advertised.

A sample claim chart comparing claims 9-11 of StratosAudio to T Mobile and UV Corp is
provided below.

1

US8166081 (“StratosAudio”)
9.pre. A system for combining
multiple media comprising:
9.a. a first receiver module
configured to receive at least a first
media content and data enabling the
identification of a specific instance of
the first media content from a first
broadcast medium;
A. US8060407 (“T Mobile”)
B. US20070107010 (“UV Corp”)
A. US8060407
“The media playback component is configured to play a
media content, wherein the media content is stored separately
from the targeted advertisements, and to play one of the
targeted advertisements in the memory store selected based
on the characteristics of the one of the targeted
advertisements.” Tmobile at 2:8-12.
“The media player 102 may be configured to play and control
playback of the media content serially, concurrently, and/or
both.” TMobile at 6:59-61.
“The advertisement database 114 may include advertisement
media content as well as metadata associated with the
advertisement media content.” TMobile at 5:36-38.
B. US20070107010
“12. The method of claim 11 further comprising:
displaying a television program in response to the user input;
and continuously displaying the expanded interactive
advertisement overlaid on the television program.” UV
Corp at claim 12.
“In another embodiment, interactive advertisement 1550
may contain additional content, such as, a video window
containing a live television broadcast or video clips from the
Olympic Games.” UV Corp at [0115].
“The interactive advertisements may include for example,
text, graphics, video, and audio content.” UV Corp at
[0117].
A. US8060407
“The media player 102 may be a radio receiver, CD player,
DVD player, television, set top box, desk top computer,
laptop computer, tablet computer, mobile phone, personal
digital assistant (PDA), IPHONE, IPOD, or other media
device.” TMobile at 6:67 through 7:1-4.
“The media content may be received by the media player
102 from the network 106 via the base station 104 or via the
wired connection 105, for example from the media content
server 106.” TMobile at 7:31-34.
2
(cont.)
9.a. first receiver module configured
to receive at least a first media
content and data enabling the
identification of a specific instance of
the first media content from a first
broadcast medium;
9.b. a second receiver module
configured to receive at least a
second media signal content and
uniquely identifying data specific to at
least the second media content, the
second media content received
discretely from the first media
content;
“Turning now to FIG. 2, a flowchart of a method 150 will be
described. At block 152 a metatag is embedded in or
associated with a media content, for example media content
stored in media content database 110. The metatag may be
written into a file or other digital information recording
structure storing the media content and stored in the media
content database 110. Alternatively, the metatag may contain
a pointer, a link, or other means for associating itself with
the media content. In this case, when the media content is
delivered, for example by the media content server 108,
both the media content and the associated metatags are
served to the requesting client, for example the media
player 102.” TMobile at 7:61-67 through 8:1-5.
B. US20070107010
“The user equipment may receive television and music
programming and other data from television distribution
facility 104 over communications paths such as
communications paths 114, 116, and 118. . . . Paths 114, 116,
and 118 may be cables or other wired connections, free-space
connections (e.g., for broadcast or other wireless signals),
satellite links, or any other suitable link or combination of
links.” UV Corp at [0039].
“Data source 120 in system 100 may include a program
listings database that is used to provide the user with
television program schedule information such as scheduled
broadcast times, titles, channels, ratings information (e.g.,
parental ratings and critic's ratings), detailed title descriptions,
genre or category information (e.g., sports, news, movies, etc.),
and information on actors and actresses.” UV Corp at [0040].
A. US8060407
“At block 192 the media player 102 receives a set of
targeted advertisements over or through the
communication interface 122. This may be an update or
refresh of targeted advertisements for the media player 102 or
it may be an initial installation of targeted advertisements. The
targeted advertisements are received during an interval of
connection with the network 106, when the media player 102
is on-line.” TMobile at 10:48-55.
“The network connectivity devices 792 may take the form
3
(cont.)
9.b. a second receiver module
configured to receive at least a
second media signal content and
uniquely identifying data specific to at
least the second media content, the
second media content received
discretely from the first media
content;
of modems, modem banks, ethernet cards, universal serial
bus (USB) interface cards, serial interfaces, token ring
cards, fiber distributed data interface (FDDI) cards,
wireless local area network (WLAN) cards, radio
transceiver cards such as code division multiple access
(CDMA) and/or global system for mobile communications
(GSM) radio transceiver cards, and other well-known
network devices. These network connectivity devices 792
may enable the processor 782 to communicate with an
Internet or one or more intranets. With such a network
connection, it is contemplated that the processor 782 might
receive information from the network, or might output
information to the network in the course of performing the
above-described method steps. Such information, which is
often represented as a sequence of instructions to be executed
using processor 782, may be received from and outputted to
the network, for example, in the form of a computer data
signal embodied in a carrier wave” TMobile at 14:53-67
through 15: 1-3.
“The targeted advertisements may be stored in the
advertisement memory store 120 and may be coupled to
characteristics or metadata associated with each of the
targeted advertisements.” TMobile at 7:20-23.
B. US20070107010
“For example, a separate data source 120 may be associated
with each of a plurality of television broadcasters and may
provide data that is specific to those broadcasters (e.g.,
advertisements for future programming of the broadcasters,
logo data for displaying broadcasters' logos in program guide
display screens, etc.).” UV Corp at [0041].
“An on-line program guide and other interactive television
services may be provided using a server connected to
communications network 126 such as server 130. Server 130
may receive program schedule data and other data from
data source 120 via communications path 124,
communications network 126, and communications path 132
or via another suitable path or combination of paths. Path 132
may be a satellite path, fiber-optic path, wired path, or any
other path or combination of paths.” UV Corp at [0046].
4
9.c. an output system configured to
present concurrently the first media
content and the second media
content on an output of the first
receiver module or the second
receiver module;
9.d. an input module configured to
receive at least a response input
responsive to the second media
content; and
A. US8060407
“The media player 102 includes a display 402 and a touch-
sensitive surface or keys 404 for input by a user. The display
402 may be used to view media content.” TMobile at 11: 36-
38.
“Alternatively, the playback component 118 may select a
targeted advertisement that can be displayed using a
picture-in-picture display format.” TMobile at 10: 16-18.
“The media player 102 may be configured to play and
control playback of the media content serially,
concurrently, and/or both.” TMobile at 6: 59-61.
B. US20070107010
12. The method of claim 11 further comprising:
displaying a television program in response to the user input;
and continuously displaying the expanded interactive
advertisement overlaid on the television program. UV Corp
at claim 12.
“FIG. 14 shows an illustrative display screen 1400 showing
the video for the special feature and a semitransparent
overlay 1455 that may contain program and sponsorship
information. Overlay 1455 may also contain an
advertisement.” UV Corp at [0113].
A. US8060407
“The media player 102 includes a display 402 and a touch-
sensitive surface or keys 404 for input by a user.”TMobile at
11: 36-37.
“6. The media player of claim 1, wherein the media player is
configured to track user responses to the playing of the
personalized advertisements and to transmit a report of user
responses.” TMobile at claim 6.
“At block 182 the media player 102 receives a control input
while playing the targeted advertisement, for example a fast
forward, a skip forward, a rewind, a slow motion, or other
control input.” TMobile at 10:24-27.
5
(cont.)
9.d. an input module configured to
receive at least a response input
responsive to the second media
content; and
9.e. a transmitting module
configured to transmit a response
message having at least the uniquely
identifying data specific to the
second media content to a computer
server.
B. US20070107010
1. A method for enticing users to participate in advertising
opportunities in an electronic program guide, comprising:
...
receiving user input with respect to the interactive
advertisement; and
providing, in response to the user input, information about the
advertised product or service and the content unrelated to the
advertised product or service. UV Corp at claim 1.
“The user may select an interactive channel advertisement,
for example, by using remote control 400 (FIG. 4) or other
user input interface (e.g., user input interface 614 (FIG. 6)).”
UV Corp at [0098].
“User input interface 614 may be any suitable user interface,
such as a mouse, trackball, keypad, keyboard, touch
screen, touch pad, voice recognition interface, or a remote
control.” UV Corp at [0085].
A. US8060407
“6. The media player of claim 1, wherein the media player is
configured to track user responses to the playing of the
personalized advertisements and to transmit a report of
user responses.” TMobile at claim 6.
“At block 182 the media player 102 receives a control input
while playing the targeted advertisement, for example a fast
forward, a skip forward, a rewind, a slow motion, or other
control input. In this event, the media player 102 creates a
log entry associated with this event recording, for example,
the targeted advertisement that had been in process of
being played, the media content that had been or continued to
be played when the targeted advertisement was played, the
specific control input received, a time of the event, and other
information.” TMobile at 10: 24-33.
“At block 184 the media player 102 transmits the log entry,
including any other accumulated log entries, to a server
during an on-line session, when the media player 102 is
connected to the network 106.”TMobile at 10: 34-37.
B. US20070107010
“The user equipment may also transmit signals to television
distribution facility 104 over paths 114, 116, and 118.” UV
Corp at [0039].
6
(cont.)
9.e. a transmitting module
configured to transmit a response
message having at least the uniquely
identifying data specific to the
second media content to a computer
server.
10. The system of claim 9 further
comprising an output selection
module configured to limit the
output of the first and second media
content based on a criterion.
“An on-line program guide and other interactive television
services may be provided using a server connected to
communications network 126 such as server 130.” UV Corp at
[0046].
“User equipment 108 may access on-line program guide data
and other data from server 130 via communications path 128.
User equipment 108 may also access the on-line program
guide and other services on server 130 via communications
path 114, television distribution facility 104, and
communications path 134.” UV Corp at [0047].
“User commands and other information generated as a
result of user interactions with the interactive television
application and system 100 (FIG. 1) may also be
transmitted over input/output 508.” UV Corp at [0076].
“The user may use control circuitry 602 to send commands,
requests, and other suitable data using input/output 604.”
UV Corp at [0083].
A. US8060407
“The media playback component is configured to play a
media content, wherein the media content is stored separately
from the targeted advertisements, and to play one of the
targeted advertisements in the memory store selected based
on the characteristics of the one of the targeted
advertisements.” TMobile at 2:8-12.
“The targeted advertisements are selected for storing on
the media player based on a usage profile associated with
the media player and/or associated with a user of the media
player.” TMobile at 3:26-29.
“The targeted advertisement may be selected based on
what stored targeted advertisements have not yet been
played, based on how often the stored targeted
advertisements have been played, based on the subject of
the media content, or based on another contextual factor.”
TMobile at 11:18-22.
8. The media player of claim 7, wherein the media playback
component selects the one of the personalized
advertisements in the memory store based on the
characteristics of the one of the personalized
7
(cont.)
10. The system of claim 9 further
comprising an output selection
module configured to limit the
output of the first and second media
content based on a criterion.
11. The system of claim 9 further
comprising a computer storage
device configured to store at least
one of one the first and second
media content.
advertisements matching the characteristic of an
advertisement to play designated in the embedded metatag.
TMobile at claim 8.
B. US20070107010
“Interactive advertisements may be targeted to users based
on any number of suitable criteria, such as user profile
information, user interests, user viewing habits, currently
displayed media, currently displayed information, the location
of the advertisement within an interactive television program
guide display screen, current events, geographic location,
environmental conditions, or any other suitable factors.” UV
Corp at [0122].
“At step 2220, a targeted interactive advertisement or
program promotion may be selected from a plurality
interactive advertisements and program promotions based
on the collected targeting criteria.” UV Corp at [0123].
A. US8060407
“The media player 102 comprises a playback component 118,
an advertisement memory storage 120, a communications
interface 122, and a media content memory storage
124.”TMobile at 7:8-10.
B. US20070107010
“In another suitable approach, user equipment may store
data for use in one or more interactive television displays
(e.g., program schedule data, advertisements, logos, etc.), and
an interactive television application implemented at least
partially on the user equipment may generate the interactive
television displays based on instructions received from
television distribution facility 104 or other facility.”
UV Corp at [0045].
“In the example of FIG. 3, user television equipment 110
includes a recording device 302 such as a digital video
recorder (e.g., a personal video recorder (PVR)) that uses a
hard disk or other storage for recording video or may be a
digital video disc recorder, compact disc recorder,
videocassette recorder, or other suitable recording device.”
UV Corp at [0063].