PATROLL Winning Submission

U.S. Patent No. 9,397,627

U.S. Patent No. 9,397,627 (“Dedicated Licensing, LLC” or the “patent-at-issue”) was
filed on November 27, 2006 and claims the benefit of U.S. Provisional Patent Application No.
60/072,127, filed on January 22, 1998. Claim 1 of the patent-at-issue is generally directed to a
method of operation of a network-enabled audio device comprising sending, in real-time from
the audio device, a user initiated request to a remote server for supplemental information related
to a song from a playlist assigned to the device while the song is playing on the device and
receiving, by the audio device, the supplemental information from the remote server.

The primary reference, “Architecting personalized delivery of multimedia information”

(“Loeb”), was published on December 1, 1992 on Communications of the ACM, Volume 35,
Issue 12, pages 39-47. The article introduces some of the dimensions which can help distinguish
the variety of known information-filtering applications and usage scenarios. It further describes a
novel filtering model for casual users and its implementation in the LyricTime personalized
music system. The model utilizes a stored long-term user profile and involves time explicitly in
its selection criteria.

The primary reference, U.S. Patent No. 6,757,913 (“Knox”), was filed on March 1, 2001.
According to the first paragraph in the specification, the patent is a division of Ser. No.
08/886,951, filed July 2, 1997 entitled “Wireless Transceiver System for Digital Music”, which
is a continuation of provisional application Ser. No. 60/021,721, filed July 15, 1996 entitled
“Wireless Stereophonic Transmitter and Receiver/Tuner System”. The patent relates to a
wireless digital audio transceiver for receiving a locally broadcast digital audio signal, wherein
the digital audio signal comprises a plurality of carrier waves to carry digital audio data and
audio program information. The transceiver comprises a user interface to enable a user to select
digital audio data from a plurality of digital audio data within the digital audio signal, a tuner
operably coupled to the user interface to tune to a frequency associated with a carrier wave
containing the selected digital audio data, a demodulator coupled to the tuner to extract the
selected digital audio data and the audio program information from the carrier wave, and a digital
to analog converter to convert the selected digital audio data into an analog signal and to send the
analog signal to an output for playback to the user.

A sample claim chart comparing Claim 1 of Dedicated Licensing, LLC to Loeb and Knox
is provided below.

1

US9397627 (“Dedicated Licensing,
LLC”)
1.pre. A method of operation of a
network-enabled audio device
comprising:
A. “Architecting personalized delivery of
multimedia information” (“Loeb”)
B. US6757913 (“Knox”)
A. “Architecting personalized delivery of multimedia
information”
“The personalized music system prototype LyricTime has
been built to demonstrate the practical validity of the
paradigm, and the mechanism described here as well as to
study the demands that customized multimedia information
delivery places on communication networks.” Loeb at p. 44
“LyricTime is a personalized music system in which songs
are played at a listener's workstation, using its built-in
audio capability. At the same time, a still image from the
album cover for the song is presented on the interface display.”
Loeb at p. 44
“There are seven main logical components in the LyricTime
prototype as shown in Figure 4. The logical components
could be distributed in a network and (ultimately) could
even be supported by different vendors.” Loeb at p. 46
“Each song has a unique identifier which serves as its logical
address. The logical address is later translated by the controller
(see following) to the three physical network addresses of
the servers from which the audio, image, and text
associated with the song can be fetched. Currently, the
databases are implemented as sets of files on a file server
on a local area network (LAN).” Loeb at p. 46
2
(cont.)
1.pre. A method of operation of a
network-enabled audio device
comprising:
1.a. sending, in real-time from the
audio device, a user initiated request
to a remote server for supplemental
information related to a song from a
playlist assigned to the device while
the song is playing on the device; and
B. US6757913
“A delivery system 10, such as coaxial cable, satellite, the
Internet, microwave, and etc., outputs a serial digital
audio/program information stream 22 that contains digital
audio, program information, and national subscriber
information. The transmitter 100, more fully described with
respect of FIGS. 2-2a, receives the said serial digital data
stream 22 and demultiplexes, decrypts, and decodes the digital
audio and program information signal. The digital audio
signal and program information are converted to a digital
RF carrier frequencies and broadcasted to a plurality of
second devices, preferably at least one receiver/tuner unit
200, more fully described with respect of FIGS. 3-4, that
outputs the selected audio electronically and displays the
corresponding program information of the audio track
currently listened to by the subscriber.” Knox at col. 5:1-15
A. “Architecting personalized delivery of multimedia
information”
“The filter may deliver information to users continuously as
the information becomes available from the source,
synchronously or asynchronously following users' requests.
The ability to provide synchronous delivery requires that
the filtering and delivery mechanisms respond to users'
requests in near real-time fashion.” Loeb at p. 41
“Each song has a unique identifier which serves as its logical
address. The logical address is later translated by the controller
(see following) to the three physical network addresses of the
servers from which the audio, image, and text associated
with the song can be fetched. Currently, the databases are
implemented as sets of files on a file server on a local area
network (LAN). Each song has four elements: digital audio,
text for the listener (title, artist, liner notes), images to be
shown while the song is played, and a set of descriptors
which are presented to the filter.” Loeb at p. 46
“A hand-drawn color image of a jukebox is the backdrop for
the interface. The drawing helps establish the listener's view of
the system and is divided into three main units. The upper
portion shows information on the selected songs and the
song currently being played. This includes a still image
representing the current song, some text indicating how
many songs have been selected, and the title and artist
information for, from left to right, the previous, current,
and next songs. The middle portion of the interface contains
3
(cont.)
1.a. sending, in real-time from the
audio device, a user initiated request
to a remote server for supplemental
information related to a song from a
playlist assigned to the device while
the song is playing on the device; and
buttons for controlling the playing of songs. These buttons
allow the listener to step backward and forward through the
list of selected songs, play the current song, and stop playing.”
Loeb at p. 45
“The LyricTime research prototype has a collection of
nearly 1,000 songs that can be played for the listener. At its
simplest level, the LyricTime prototype selects songs from a
database and plays them for the listener.” Loeb at p. 44-45
“There are seven main logical components in the LyricTime
prototype as shown in Figure 4. The logical components
could be distributed in a network and (ultimately) could
even be supported by different vendors.” Loeb at p. 46
B. US6757913
“The listener can also review the program information
associated with a current program by inputting an
information request for transmission to the DMT 100. By
pressing the VIEW key, the user initiates the transmission
of an information request by the DRT unit 200 to the DMT
100. The DMT processes the information request and
initiates a search for program information associated with
the current program. If the program information is not found
by the DMT within a predetermined timer period, typically
about five seconds, the DMT 100 will respond to the
transmitted information request by transmitting an error
message to the DRT unit 200. If the search by the DMT 100 is
successful, the DMT 100 will respond to the transmitted
4
(cont.)
1.a. sending, in real-time from the
audio device, a user initiated request
to a remote server for supplemental
information related to a song from a
playlist assigned to the device while
the song is playing on the device; and
1.b. receiving, by the audio device,
the supplemental information from
the remote server.
information request by transmitting the program information to
the DRT unit 200. With respect to digital audio signals, a
typical program message includes information concerning
the composer, the track title, the artist, the album
associated with the track title, and custom information
concerning the current performance.” Knox at col. 7:62-67
through col. 8:1-13
“The digital audio signal and program information are
converted to a digital RF carrier frequencies and broadcasted
to a plurality of second devices, preferably at least one
receiver/tuner unit 200, more fully described with respect of
FIGS. 3-4, that outputs the selected audio electronically and
displays the corresponding program information of the
audio track currently listened to by the subscriber.” Knox
at col. 5:9-15
“19. A wireless digital audio transceiver according to claim
14, the user interface having a user selectable input to cause
the processor to send a request for an audio information
signal.” Knox at Claim 19
“The user can initiate or terminate transmission of the
digital audio and program information from the DMT 100
by pressing a selected key. Each of the buttons or key of the
keypad is labeled to indicate the function associated with the
key. For example, by pressing any key or a set of keys labeled
with Arabic numerals 0-9, a user can select one of the
available digital audio and program information channels
transmitted by the DMT 100 for the listening pleasure of
the subscriber. The keys labeled TUNE (up arrow) and TUNE
(down arrow) may be used by the listener to increment or
decrement the digital audio and program information channels
transmitted by the DMT 100.” Knox at col. 7:26-38
A. “Architecting personalized delivery of multimedia
information”
“In order to articulate some of dimensions which come into-
play during the design of an end-to-end information-filtering
system we examine an abstract architecture of a system
consisting of three logical units: the source, the filter, and
the user (see Figure 1). In this system, the source presents
some descriptors of the multimedia information items to
the filter, and the filter forwards to the individual users a
subset of the items it selected for them based on advanced
knowledge stored as users' profiles or queries.” Loeb at p. 40
5
(cont.)
1.b. receiving, by the audio device,
the supplemental information from
the remote server.
“The filter may deliver information to users continuously
as the information becomes available from the source,
synchronously or asynchronously following users' requests.
The ability to provide synchronous delivery requires that the
filtering and delivery mechanisms respond to users' requests in
near real-time fashion.” Loeb at p. 41
“We focus our attention here on a filtering model in which the
filter is presented with a stream of information items (see
Figure l); it has to select from this stream items that meet
some acceptance criteria based on comparisons with user
profiles and with previous and planned deliveries. This
delivery architecture can be viewed as an abstraction to a
sequential search in any database system.” Loeb at p. 42
“We presented a model for personalized delivery of
information to casual users. This model is sensitive to users'
needs depending on the absolute and relative time in which
they receive the information, as well as on their personal
context at the time they receive the information.” Loeb at p. 47
“Each song has a unique identifier which serves as its logical
address. The logical address is later translated by the controller
(see following) to the three physical network addresses of the
servers from which the audio, image, and text associated
with the song can be fetched. Currently, the databases are
implemented as sets of files on a file server on a local area
network (LAN). Each song has four elements: digital audio,
text for the listener (title, artist, liner notes), images to be
shown while the song is played, and a set of descriptors
which are presented to the filter.” Loeb at p. 46
“The user interface, which presents information to the listener
does low-level updates of the graphics (such as highlighting
buttons as they are clicked) and informs the controller of user
actions. The user interface communicates with the listener's
terminal over the LAN, sending graphics and audio output
commands (e.g., put this picture in the "album cover" area
or play this audio information to the listener).” Loeb at p. 47
“There are seven main logical components in the LyricTime
prototype as shown in Figure 4. The logical components
could be distributed in a network and (ultimately) could
even be supported by different vendors.” Loeb at p. 46
6
(cont.)
1.b. receiving, by the audio device,
the supplemental information from
the remote server.

B. US6757913
“It is, therefore, the object of the present to provide a wireless
local transmitter and digital receiver/tuner system for
transmitting and receiving digital audio and corresponding
program information that will overcome the limitations of
conventional methods of transmitting and receiving digital
audio and corresponding program information.” Knox at col.
2:66-67 through col. 3:1-4

"The digital audio signal and program information are

converted to a digital RF carrier frequencies and broadcasted
to a plurality of second devices, preferably at least one
receiver/tuner unit 200, more fully described with respect of
FIGS. 3-4, that outputs the selected audio electronically and
displays the corresponding program information of the
audio track currently listened to by the subscriber.” Knox
at col. 5:9-15

“The listener can also review the program information

associated with a current program by inputting an information
request for transmission to the DMT 100. By pressing the
VIEW key, the user initiates the transmission of an information
request by the DRT unit 200 to the DMT 100. The DMT
processes the information request and initiates a search for
program information associated with the current program. If
the program information is not found by the DMT within a
predetermined timer period, typically about five seconds, the
DMT 100 will respond to the transmitted information request
by transmitting an error message to the DRT unit 200. If the

7
(cont.)
1.b. receiving, by the audio device,
the supplemental information from
the remote server.
search by the DMT 100 is successful, the DMT 100 will
respond to the transmitted information request by
transmitting the program information to the DRT unit 200.
With respect to digital audio signals, a typical program
message includes information concerning the composer, the
track title, the artist, the album associated with the track
title, and custom information concerning the current
performance.” Knox at col. 7:62-67 through col. 8:1-13
“1. A wireless digital audio transceiver for receiving a
locally broadcast digital audio signal wherein the digital
audio signal comprises a plurality of carrier waves to carry
digital audio data and audio program information, the
transceiver comprising:” Knox at Claim 1