Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 1 of 93

United States District Court Western District of Texas Austin Division

) Affinity Labs of Texas, LLC, ) ) Plaintiff, ) ) Case No. 1:15-cv-00849-RP v. ) ) Jury Trial Demanded Netflix, Inc. ) ) Defendant. ) )

First Amended Complaint for Patent Infringement

Plaintiff Affinity Labs of Texas, LLC (Affinity Labs) files this First Amended

Complaint against Defendant Netflix, Inc. (Netflix) and alleges as follows:

Parties

1. Plaintiff Affinity Labs is a Texas limited liability company having offices at

31884 RR 12, Dripping Springs, TX 78620.

2. Defendant Netflix, Inc. is a Delaware corporation with a principal office located at 100 Winchester Circle, Los Gatos, CA 95032. Netflix is registered to do business in and actively engages in business within the State of Texas, and maintains an agent for service of process at National Registered Agents, Inc., 1999 Bryan St., Ste. 900, Dallas, TX

75201-3136.

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Jurisdiction

3. This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. §§ 1331 and 1338(a) because this action arises under the federal patent statutes, 35

U.S.C. §§ 271 and 281-285.

4. This Court has general and specific personal jurisdiction over Netflix.

Netflix has committed and continues to commit acts giving rise to this action within Texas

and within this judicial district and Netflix has established minimum contacts within the

forum such that the exercise of jurisdiction over Netflix would not offend traditional notions

of fair play and substantial justice. For example, Netflix has committed and continues to

commit acts of patent infringement in this judicial district, as set forth below. In conducting

its business in Texas and this judicial district, Netflix derives substantial revenue from its

patent infringement.

Venue

5. Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§

1391(b) and (c) and 1400(b) because Netflix has committed acts within this judicial district

giving rise to this action, and Netflix has and continues to conduct business in this judicial

district, including one or more acts of using, selling, and offering to sell its Netflix on- demand Internet streaming media service that constitutes patent infringement in this judicial district, and providing service and support to Netflix’s customers in this judicial district.

6. On information and belief, Netflix operates distribution and shipping centers

within the state of Texas and this judicial district, including in Austin, Houston, San

Antonio, and Dallas, TX.

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7. Venue in the Western District of Texas is also proper because Affinity Labs is headquartered in this judicial district in Dripping Springs, Texas.

8. Venue in the Western District of Texas is also proper because the majority of Affinity Labs’ documents and relevant evidence is located at Affinity Labs’ headquarters within this judicial district and numerous witnesses are also located within this judicial district.

9. Venue in the Western District of Texas is also proper because Affinity Labs is organized and governed by the limited liability company laws of Texas and is subject to taxes in Texas. Affinity Labs maintains a registered agent for service of process in Texas.

10. Venue in the Western District of Texas is also proper because of judicial economy. The Honorable Judge Lee Yeakel in this judicial district previously presided over

Affinity Labs of Texas, LLC v. Clear Channel Broadcasting, C.A. No. A-12-CV-205-LY, involving another Affinity Labs patent, United States Patent No. 7,970,379, which is in the same patent family sharing the same specification as the Asserted Patent in this matter. In the previous case, Judge Yeakel conducted a fully-briefed claim construction hearing and issued a claim construction order on this related technology.

Background

11. Affinity Labs was founded in 2008 by Russell White and Harlie Frost.

12. Russell White is a successful entrepreneur and inventor with over 30 issued patents owned by Affinity Labs, Apple, AT&T, and others. Mr. White grew up in Houston,

Texas, and has an undergraduate degree in mechanical engineering from Texas A&M. Mr.

White also graduated from the University of Temple Law School, which he attended at night while working full time as an engineer for The Lincoln Electric Company. After

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earning his law degree, Mr. White moved to Austin and co-founded SBC Knowledge

Ventures, an entity within AT&T.

13. Mr. White is a prolific inventor listed on at least thirty-four separate United

States patents.

14. On March 28, 2000, Mr. White and Kevin R. Imes filed a detailed patent application, No. 09/537,812 (the ’812 application) with the United States Patent and

Trademark Office (PTO).

15. The ’812 application broadly addressed the problem of accessing, managing, and delivering digital audio and video content. In doing so, the ’812 application disclosed a number of inventions and defined, for the first time, what is now a ubiquitous digital media ecosystem. These inventions laid the foundation for a revolution in streaming technology that is responsible for the current transformation in how individuals consume media.

16. For instance, according to Netflix’s Fourth Quarter 2015 Letter to

Shareholders regarding its quarterly earnings dated January 19, 2016, Netflix accounted for

37% of North American downstream Internet traffic in 2015 during peak download times, streaming 42.5 billion hours during the year.

17. More particularly, the inventions detailed in the ’812 application and claimed in the ’802 patent underpin the streaming technology known generally as Hypertext

Transfer Protocol adaptive bitrate (HTTP ABR) streaming. HTTP ABR streaming is now ubiquitously utilized among content providers—including Netflix—to stream video to users’ electronic devices.

18. HTTP ABR streaming technology dynamically detects local bandwidth and

CPU conditions (for example, how fast data in a buffer is being processed) and seamlessly

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switches the video quality of media files that a player receives. Users with a fast network

connection can experience higher quality videos than users with slower network

connections, while both users enjoy a seamless, uninterrupted streaming video experience.

19. Additionally, HTTP ABR streaming technology uses the hypertext transfer

protocol (HTTP). Since the Internet was built on HTTP, it is much easier and cheaper to

serve streaming data over this protocol as opposed to specialized streaming protocols (i.e.,

Real Time Streaming Protocol, Microsoft Media Server, and Real Time Messaging

Protocol, among others) as was typically the case prior to 2008.

20. In HTTP ABR streaming, the video/audio source is cut into many short segments (“chunks”) that are formatted for delivery. The video/audio is received by the user’s device as a series of downloads of these segments or chunks. A playlist file that is sent to the user’s device at the inception of streaming includes a list of network locations, or

URLs, that tell the user’s device where and in what order the user’s device should request the segments of the video/audio. The “adaptive” part of the technology is achieved by formatting the video/audio source into multiple bitrate files, generating segments of various sizes of the video. The user’s device can then choose between the segments of different sizes based upon the device’s current network connection or the device’s CPU performance.

21. Variable network connection speeds can be illustrated where a mobile user

traveling in a car connects to different networks with variable data transmission rates during

the same media stream. For example, a child may request delivery of a movie or television

show while sitting in the back of the family’s car waiting to start a family road trip. The

media delivery begins when the requesting device is still connected to a home Wi-Fi

network connection. In the middle of the stream, however, the car starts up and backs out of

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the family’s driveway, causing the requesting device to disconnect from the higher-speed

Wi-Fi network and reconnect to a wireless 4G network with slower data transmission rates.

Later, the family nears the outskirts of town and the requesting device again disconnects from the higher-speed 4G network and reconnects to a wireless 3G network with even slower data transmission rates.

22. Alternatively, a user who is connected to the same network may encounter variable network connection speeds and speed slowdowns based on network traffic or other factors the user does not control. Without the benefit of HTTP ABR streaming in both of these scenarios, if the user’s data transmission rate dropped below the rate required for continuous streaming of the digital media, the user would experience complications, such as interruptions or delays, in streaming the media.

United States Patent No. 9,094,802 (the ’802 patent)

23. On July 28, 2015, the PTO issued U.S. Patent No. 9,094,802 (the ’802

patent), entitled “System and Method to Communicate Targeted Information.” A copy of this patent is attached as Exhibit A. The ’802 patent was issued from a continuation application claiming priority to the ’812 application, which was filed with the PTO on

March 28, 2000. The ’802 patent issued over nearly a thousand pieces of prior art (674

domestic and foreign patents and patent applications; and 308 non-patent references), was

explicitly found to satisfy all sections of the patent laws including §§ 101, 102, 103, and 112,

was explicitly determined to have March 28, 2000 as its priority date, is presumed valid, and

is valid.

24. The ’802 patent sought to solve several problems specifically arising from

digital media streaming and delivery. In doing so, the inventors conceived of solutions that

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are now foundational to today’s streaming technologies. For example, the inventors recognized that users would experience varying network connection speeds, either on the same network or by switching between networks while on the go, and that the changes in speeds would prevent smooth and continuous media playback. Furthermore, the inventors recognized the importance and advantage of delivering media using conventional Internet website technology and infrastructure, for example, by using webservers and links or URLs to identify the differently formatted media segments.

25. The ’802 patent further offered particular technical solutions to protect

streaming digital media from delays or interruptions when users experience slowdowns or

congestion in a delivery network. For example, the ’802 patent disclosed that digital media

“may be formatted and transmitted to achieve a desirable transmission rate.” Ex. A, 5:23-

25. “In one embodiment, the information may be wirelessly communicated at a relatively

slow transmission rate.” Id. at 5:52-53. “In this manner, communication networks having less or slower transfer rates may be used to wirelessly communicate the selected audio information to the electronic device.” Id. at 5:62-65. In other circumstances, “high-speed

wireless communications networks may be used to communicate the selected audio

information” Id. at 5:66-6:1. In yet another embodiment, “a hybrid of wireless communication rates may be deployed depending on the requirements of the selected audio information and/or the electronic device.” Id. at 6:5-8. Thus, a user experiencing variable network connection speeds, such as the child sitting in the back of the family car during a road trip, can still receive a continuous media stream without breaks or interruptions in the media because the delivery system includes a playlist that facilitates varied data transmission rates to the requesting device.

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26. The ’802 patent accomplishes this variable rate solution by breaking up and formatting the digital media into segments so that the same media can be delivered in different resolutions or qualities at different transmission rates. See, e.g., id. at 3:26-29 (“For

example, an audio file may be formatted, segmented, compressed, modified, etc. for the

purpose of providing or communicating the audio invention.”); id. at 4:58-63 (“For example, a wireless device may be operable to receive packets of information having a specific size and in a specific format. In such an embodiment, communications engine 102

could format the information into a desirable format for wirelessly communicating the

information to electronic device 103.”)

27. During prosecution of the ’802 patent, the Patent and Trademark Office

considered the Office’s post-Alice guidelines and determined that all the claims of the ’802 patent claim patent eligible subject matter and surpassed the requirements set forth in § 101.

28. No claim of the ’802 patent relates to a fundamental economic practice.

29. No claim of the ’802 patent relates to a method of organizing human

activity.

30. No claim of the ’802 patent could be performed in full by the human mind

or with a pen-and-paper.

31. No claim of the ’802 patent recites or claims a mathematical relationship or

formula.

32. No claim of the ’802 patent claims recites a computer merely receiving, processing, and storing data in a generic manner.

33. No claim of the ’802 patent recites a longstanding or historical commercial practice.

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34. As of March 2000, every claim of the ’802 patent recites a combination of elements that were not well-understood, routine, or conventional to those of ordinary skill in the art.

35. Every claim of the ’802 patent recites patent eligible subject matter as required by § 101.

36. Numerous other companies have recognized the value and importance of

Affinity Labs’ innovation. For instance, twenty-eight companies have licensed Affinity

Labs’ patent portfolio for the patents in the same family as the Asserted Patent.

37. Netflix does not have a license to the ’802 patent or any patent in Affinity

Labs’ patent portfolio.

United States Patent No. 9,444,868 (the ’868 patent)

38. On September 13, 2016, the PTO issued U.S. Patent No. 9,444,868 (the ’868 patent), entitled “System to Communicate Media.” A copy of the ’868 patent is attached as

Exhibit B. Similar to the ’802 patent, the ’868 patent also issued from a continuation application claiming priority to the ’812 application, which was filed with the PTO on

March 28, 2000. The ’868 patent issued over nearly a thousand pieces of prior art, was explicitly found to satisfy all sections of the patent laws including §§ 101, 102, 103, and 112, was explicitly determined to have March 28, 2000 as its priority date, is presumed valid, and is valid.

39. Similar to the ’802 patent, the ’868 patent claims particular technical solutions to protect streaming digital media from delays or interruptions when users experience slowdowns or congestion in a delivery network.

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40. These problems are unique to streaming digital media and the ’868 patent

offers systems for breaking up and formatting the digital media into segments so that the

same media can be delivered in different resolutions or qualities at different transmission

rates to end user devices.

41. During prosecution of the ’868 patent, the applicant discussed §§ 101, 102,

103, and 112 with the examiner in a telephonic interview on May 4, 2016.

42. During the May 4, 2016 interview, the examiner confirmed that the claims of the ’868 patent comply with all of these statutory provisions.

43. During prosecution of the ’868 patent, the Patent and Trademark Office considered the final written decision of the Patent Trial and Appeals Board regarding U.S.

Patent No. 8,359,007 and § 103.

44. The PTO issued the claims of the ’868 patent after considering the final written decision of the Patent Trial and Appeals Board described in ¶ 43.

45. During prosecution of the ’868 patent, the PTO also considered U.S. Patent

Nos. 6,678,215 to Treyz and 6,711,622 to Fuller. The Treyz and Fuller references served as

the basis for the PTAB’s final written decision identified in ¶ 43.

46. The PTO issued the claims of the ’868 patent after considering the Treyz

and Fuller references.

47. The PTO issued the claims of the ’868 patent after also considering over 75

press releases from RealNetworks regarding its streaming technologies, as well as user

manuals from RealNetwork for its streaming technologies, including RealJukebox Plus,

RealPlayer 7 Plus, and RealPlayer Plus G2.

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48. During prosecution of the ’868 patent, the PTO considered the Office’s post-

Alice guidelines and determined that all the claims of the ’802 patent claim patent eligible

subject matter and surpassed the requirements set forth in § 101.

49. No claim of the ’868 patent relates to a fundamental economic practice.

50. No claim of the ’868 patent relates to a method of organizing human

activity.

51. No claim of the ’868 patent could be performed in full by the human mind

or with a pen-and-paper.

52. No claim of the ’868 patent recites or claims a mathematical relationship or

formula.

53. No claim of the ’868 patent claims recites a computer merely receiving,

processing, and storing data in a generic manner.

54. No claim of the ’868 patent recites a longstanding or historical commercial

practice.

55. As of March 2000, every claim of the ’868 patent recites a combination of

elements that were not well-understood, routine, or conventional to those of ordinary skill in the art.

56. Every claim of the ’868 patent recites patent eligible subject matter as required by § 101.

57. Netflix does not have a license to the ’868 patent or any patent in Affinity

Labs’ patent portfolio.

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Count I

Infringement of U.S. Patent No. 9,094,802 by Netflix

58. Affinity Labs restates and realleges each of the allegations set forth above

and incorporates them herein.

59. Affinity Labs holds all legal title, interest, and rights in the ’802 patent.

60. Netflix did not and does not have authority to make, use, sell, or offer for sale any system covered by any claim of the ’802 patent.

61. Netflix has and continues to manufacture, use, sell, and offer to sell, without

authority, its Netflix on-demand Internet streaming media service.

62. End users and subscribers use the Netflix on-demand Internet streaming

media service to watch Netflix’s movie and television media library on any Internet-

connected device that offers a Netflix application, such as a computer, gaming console,

DVD or Blu-ray player, HDTV, set-top box, home theater system, phone, or tablet.

63. For example, Netflix advertises on its homepage that users can “Watch

Anywhere,” including “on your TV” using Smart TVs, Playstation, Xbox, Chromecast,

Apple TV, and Blu-ray players; “on the go” using iPhone, iPad, Android phones and

tablets, and Windows phones and tablets; or using “any computer” on Netflix.com.1

1 https://www.netflix.com (last visited Sept. 13, 2016).

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64. Netflix also advertises that its users can “connect to Netflix using your favorite devices,” including on Smart TVs, Streaming Media Players, Game Consoles, Set- top Boxes, Blu-ray Players, Smartphones & Tablets, and PCs & Laptops.2

2 See Netflix Supported Devices, Netflix, Inc., https://devices.netflix.com (last visited Sept. 13, 2016).

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65. Netflix uses and controls a media delivery system to stream and deliver movies and television programs to its subscribers and end users using HTTP ABR streaming.

66. As part of its media delivery system, Netflix maintains media, such as movies and television programs, available for delivery to end users’ requesting device as a series of segments.

67. The segments are configured to allow delivery via network links capable of delivering information at different rates.

68. For example, Netflix maintains its streaming media library for “watching movies or TV shows” at different video qualities or resolutions. The “Low” setting streams content at approximately 0.3 GB per hour, the “Medium” setting streams standard definition “SD” content at approximately 0.7 GB per hour, the “High” setting streams high

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definition “HD” content and ultra high definition “Ultra HD” content at approximately 3 to

7 GB per hour, and the “Auto” setting “[a]djusts automatically to deliver the highest

possible quality, based on your current Internet connection speed.”3

69. Netflix’s media delivery system includes a media playlist with the different network locations of the configured segments.

3 How can I control how much data Netflix uses?, Netflix, Inc., https://help.netflix.com/en/node/87 (last visited Sept. 13, 2016). Mobile devices have additional settings, such as “Off” and “Unlimited” to control the data streamed over mobile networks such as a cellular connection. See How do I manage mobile data usage on Netflix?, Netflix, Inc., https://help.netflix.com/en/node/43701 (last visited Sept. 13, 2016).

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70. Netflix’s media delivery system also maintains a delivery resource that

responds to a plurality of file requests to deliver a continuous stream of the requested media

to the end users’ requesting device.

71. The Netflix on-demand Internet streaming media service allows Netflix’s

end users to stream media at different rates using HTTP ABR streaming for continuous

viewing on the end users’ requesting device, even during fluctuating network conditions.

72. In violation of 35 U.S.C. § 271(a), Netflix has infringed, and if not enjoined,

will continue to infringe claims of the ’802 patent by manufacturing, using, selling, and/or

offering to sell, without authority, a media delivery system that includes the Netflix on- demand Internet streaming media service, which is covered by one or more claims of the

’802 patent, literally and/or under the doctrine of equivalents, in this judicial district and elsewhere in the United States.

73. For example, Netflix directly infringes at least claims 1, 9, and 14 of the ’802

patent by having and continuing to make, use, sell, and/or offer to sell its media delivery system that includes the Netflix on-demand Internet streaming media service.

74. Netflix has known of the ’802 patent since at least August 5, 2015. For

instance, Mr. Frost, President of Affinity Labs, wrote Netflix’s CEO, Reed Hastings, on

August 5, 2015. In that letter, Mr. Frost enclosed a copy of the ’802 patent because of

Netflix’s media delivery system.

75. Despite Affinity Labs’ written notice of and Netflix’s knowledge of the ’802

patent, Netflix has not stopped its infringement. Instead, Netflix continues to make, use, sell, and/or offer for sale its media delivery system that includes the Netflix on-demand

Internet streaming media service, which infringes the ’802 patent.

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76. Netflix’s infringement of the ’802 patent has been and is willful because

Netflix has known of the ’802 patent, knew or was at least reckless with respect to its infringement of the ’802 patent, and yet continues to offer the Netflix on-demand Internet streaming media service in at least reckless disregard of Affinity Labs’ patent rights.

77. Netflix does not have a license or permission to use the claimed subject

matter in the ’802 patent.

78. Affinity Labs has been injured and has been caused significant financial

damage as a direct and proximate result of Netflix’s infringement of the ’802 patent.

79. Netflix will continue to infringe the ’802 patent, and thus cause irreparable

injury and damage to Affinity Labs unless enjoined by this Court.

80. Affinity Labs is entitled to recover from Netflix the damages sustained by

Affinity Labs as a result of Netflix’s wrongful acts in an amount subject to proof at trial.

Count II

Infringement of U.S. Patent No. 9,444,868 by Netflix

81. Affinity Labs restates and realleges each of the allegations set forth above

and incorporates them herein.

82. Affinity Labs holds all legal title, interest, and rights in the ’868 patent.

83. Netflix did not and does not have authority to make, use, sell, or offer for

sale any system covered by any claim of the ’868 patent.

84. Netflix has and continues to manufacture, use, sell, and offer to sell, without

authority, its Netflix on-demand Internet streaming media service.

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85. Netflix works with device manufacturers, such as “global TV

manufacturers,” to preinstall software to operate its media delivery system on end user

devices, such as Smart TVs, before the end user receives the device.4

86. In violation of 35 U.S.C. § 271(a), Netflix has infringed, and if not enjoined,

will continue to infringe claims of the ’868 patent by manufacturing, using, selling, and/or

offering to sell, without authority, a media delivery system that includes the Netflix on- demand Internet streaming media service, which is covered by one or more claims of the

’868 patent, literally and/or under the doctrine of equivalents, in this judicial district and elsewhere in the United States.

87. For example, Netflix directly infringes at least claim 7 of the ’868 patent by having and continuing to make, use, sell, and/or offer to sell its media delivery system that includes the Netflix on-demand Internet streaming media service.

88. Netflix has known of the claims in the ’868 patent since at least May 2016.

89. On May 19, 2016, counsel for Affinity Labs wrote Netflix, through its

counsel as an agent for Netflix, and directed Netflix to the patent application that led to the

’868 patent, and the claims in that application.

90. The claims of the ’868 patent have not changed since the last amendment on

May 19, 2016.

91. Netflix has been aware that the claims of the ’868 patent would issue at least

as early as July 14, 2016.

4 Netflix Recommended TVs, Netflix, Inc., https://devices.netflix.com/en/recommendedtv/2016/ (last visited Sept. 13, 2016); see also Netflix Supported Devices, Netflix, Inc., https://devices.netflix.com (last visited Sept. 13, 2016).

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92. On July 14, 2016, counsel for Affinity Labs wrote Netflix, through its

counsel as an agent for Netflix, and informed Netflix that the examiner issued a Notice of

Allowance for the claims of the ’868 patent.

93. On August 24, 2016, Affinity Labs, through its counsel, and Netflix, through

its counsel, participated in a conference call with Special Master Karl Bayer.

94. During the call on August 24, Affinity Labs and Netflix discussed adding the

’868 patent to this litigation.

95. Specifically, and in light of Affinity Labs’ intent to assert the ’868 patent upon issuance, Netflix represented and agreed that the ’868 patent should be included in this case because of the relationship between the claims of the ’868 patent that were set to issue and the claims in the ’802 patent.

96. By no later than the August 24 call, Netflix was aware of and had reviewed

the claims of the ’868 patent.

97. Since at least August 26, 2016, Netflix knew that the ’868 patent would issue

on September 13, 2016.

98. On August 26, 2016, counsel for Affinity Labs wrote Netflix, through its counsel as an agent, and informed Netflix of the issue date for the ’868 patent.

99. Despite Affinity Labs’ written notice of and Netflix’s knowledge of the ’868 patent and its claims, Netflix has not taken any actions to avoid infringing the ’868 patent.

100. Instead, Netflix continues to make, use, sell, and/or offer for sale its media delivery system that includes the Netflix on-demand Internet streaming media service, which infringes the ’868 patent.

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101. Netflix’s infringement of the ’868 patent has been and is willful because

Netflix has known of the ’868 patent, knew or was at least reckless with respect to its infringement of the ’868 patent, and yet continues to offer the Netflix on-demand Internet streaming media service in at least reckless disregard of Affinity Labs’ patent rights.

102. In violation of 35 U.S.C. § 271(b), Netflix has indirectly infringed one or

more claims of the ’868 patent by inducing others (e.g., its subscribers and end users) to

directly infringe the ’868 patent at least by using the Netflix on-demand Internet streaming

media service in this judicial district and elsewhere in the United States.

103. Netflix advertises to its end users that streaming content from Netflix

requires certain available network connection speeds depending on the quality of the

streaming content.

104. For example, Netflix requires a minimum 0.5 Megabits per second

download available from the user’s internet network to stream movies and TV shows, with

3.0 Megabits per second recommended for SD content, 5.0 Megabits per second for HD

content, and 25 Megabits per second for Ultra HD content.5

105. Netflix preinstalls its software capable of using Netflix’s media delivery

system on at least some end user devices before users receive the device.6

106. Additionally, Netflix instructs its users how to use its media delivery system

on end user devices by downloading an application or by using Netflix.com.7

5 Internet Connection Speed Recommendations, Netflix, Inc., https://help.netflix.com/en/node/306 (last visited Sept. 13, 2016). 6 See Netflix Supported Devices, Netflix, Inc., https://devices.netflix.com (last visited Sept. 13, 2016). 7 See id.

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107. Netflix instructs its end users to use its media delivery system to

automatically adjust the quality of the media content “to deliver the highest possible quality,

based on your current Internet connection speed.”8

108. Netflix knowingly encouraged and intended—and continues to encourage

and intend—for its subscribers and end users to directly infringe the ’868 patent, including at

least claims 1, 7, and 14, by instructing and advertising that its end users and subscribers

stream Netflix’s media library of movies and television programs to the end users’

requesting device.

109. Netflix intended these actions by its end users and subscribers while the ’868

patent is in force. With full knowledge of the ’868 patent, Netflix continues to intend that its

end users use its media delivery system to directly infringe the claims of the ’868 patent.

110. Netflix knew of the ’868 patent and knew that its instructions and

encouragement, and its continued instruction and encouragement, has and will continue to

result in infringement of the ’868 patent. Netflix, therefore, specifically intended to induce

its subscribers and end users to directly infringe the ’868 patent when they used its media

delivery system, including the Netflix on-demand Internet streaming media service.

111. Alternatively, Netflix knew that there was a high probability that the acts by

its subscribers and end users would infringe the ’868 patent but took deliberate steps to

avoid learning of that infringement.

8 How can I control how much data Netflix uses?, Netflix, Inc., https://help.netflix.com/en/node/87 (last visited Sept. 13, 2016); see also How do I manage mobile data usage on Netflix?, Netflix, Inc., https://help.netflix.com/en/node/43701 (last visited Sept 13, 2016) (using the “Unlimited” setting “will stream at the highest possible quality for your device and the content you are viewing. This may use 1 GB per 20 minutes or more depending on your device and network speeds”).

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112. Despite knowing that the ’868 patent would issue since at least July 2016,

Netflix has not made changes to its media delivery system to avoid infringement and continues to encourage its end users to directly infringe the ’868 patent.

113. On information and belief, Netflix did not obtain an opinion of counsel regarding the infringement or non-infringement of the ’868 patent before the filing of this

Complaint.

114. In violation of 35 U.S.C. § 271(c), Netflix actively contributes to the infringement and actively continues to commit such contributory infringement of the ’868 patent in this judicial district and elsewhere.

115. Netflix has made, used, sold, and offered for sale, and continues to make, use, sell, and offer to sell the Netflix on-demand Internet streaming media service.

116. Netflix made, used, sold, and offered for sale, and continues to make, use, sell, and offer for sale at least components of the media delivery system that infringes the

’868 patent, such as the Netflix on-demand Internet streaming media service, including the

Netflix application for streaming devices, that automatically adjusts the rate of streaming content to end user devices.

117. These components include a material part of the claimed inventions of the

’868 patent and have no other substantial non-infringing uses.

118. Netflix’s media delivery system is especially made to infringe the ’868 patent, for example by automatically adjusting the rate of streaming content to end user devices.

119. Netflix has known that these components are used by its end users and subscribers in a manner that infringes the ’868 patent because Netflix instructs its customers

22 Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 23 of 93

to use its media delivery system to automatically adjust the rate of streaming content to end

user devices,9 and Netflix continues to offer these components for such use and infringement.

120. Alternatively, Netflix knew that there was a high probability that the acts by its subscribers and end users would infringe the ’868 patent but took deliberate steps to avoid learning of that infringement.

121. Despite knowing that the ’868 patent would issue since at least July 2016,

Netflix has not made changes to its media delivery system to avoid infringement and continues to encourage its end users to directly infringe the ’868 patent.

122. Netflix does not have a license or permission to use the claimed subject

matter in the ’868 patent.

123. Affinity Labs has been injured and has been caused significant financial damage as a direct and proximate result of Netflix’s infringement of the ’868 patent.

124. Netflix will continue to infringe the ’868 patent, and thus cause irreparable

injury and damage to Affinity Labs unless enjoined by this Court.

125. Affinity Labs is entitled to recover from Netflix the damages sustained by

Affinity Labs as a result of Netflix’s wrongful acts in an amount subject to proof at trial.

Demand for Trial by Jury

Affinity Labs demands a jury trial on all issues so triable, pursuant to Rule 38 of the

Federal Rules of Civil Procedure.

9 How can I control how much data Netflix uses?, Netflix, Inc., https://help.netflix.com/en/node/87 (last visited Sept. 13, 2016); see also How do I manage mobile data usage on Netflix?, Netflix, Inc., https://help.netflix.com/en/node/43701 (last visited Sept 13, 2016).

23 Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 24 of 93

Prayer for Relief

Plaintiff Affinity Labs prays for the following relief:

1. A declaration that Netflix has infringed and is infringing the ’802 and ’868 patents and is liable to Affinity Labs for infringement;

2. An order enjoining Netflix from infringing the ’802 and ’868 patents;

3. If a permanent injunction is not granted, a judicial determination of the conditions for future infringement such as an ongoing royalty;

4. An award of damages, including pre-judgment and post-judgment interest, in an amount adequate to compensate Affinity Labs for Netflix’s infringement of the ’802 and

’868 patents, and that the damages be trebled pursuant to 35 U.S.C. § 284;

5. An equitable accounting of damages owed by Netflix for the period of infringement of the ’802 and ’868 patents, following the period of damages established by

Affinity Labs at trial;

6. A finding that this case is exceptional and an award of attorneys’ fees pursuant to 35 U.S.C. § 285;

7. An award of costs, expenses, and disbursements; and

Such other and further relief as the Court deems Affinity Labs may be entitled to in law and equity.

24 Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 25 of 93

Dated: September 16, 2016 Respectfully Submitted,

By: /s/ Patrick M. Arenz

ROBINS KAPLAN LLP Ronald J. Schutz (MN Bar No. 130849) (Lead Counsel) Cyrus A. Morton (MN Bar No. 287325) Patrick M. Arenz (MN Bar No. 386537)

Western District of Texas Members

800 LaSalle Avenue, Suite 2800 Minneapolis, Minnesota 55402 Telephone: (612) 349-8500 Facsimile: (612) 339-4181 [email protected] [email protected] [email protected]

GARDERE WYNNE SEWELL LLP Mark T. Mitchell Tex. Bar No. 14217700 [email protected] Frederick W. Sultan, IV Texas Bar No. 0797524 [email protected] 600 Congress Avenue, Suite 3000 Austin, Texas 78701 Telephone: (512) 542-7072 Facsimile: (512) 542-7272

Counsel for Plaintiff

25 Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 26 of 93

EXHIBIT A Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 27 of 93 I lllll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111 US009094802B2 c12) United States Patent (IO) Patent No.: US 9,094,802 B2 White et al. (45) Date of Patent: Jul. 28, 2015

(54) SYSTEM AND METHOD TO COMMUNICATE (2013.01); H04M 116091 (2013.01); H04W TARGETED INFORMATION 84112 (2013.01); H04W 88106 (2013.01); H04H (71) Applicant: Affinity Labs of Texas, LLC, Drippings 60127 (2013.01); H04M 117253 (2013.01); Springs, TX (US) H04M 117255 (2013.01); H04M 1172547 (2013.01); H04M 1172558 (2013.01); H04M (72) Inventors: Russell W. White, Austin, TX (US); 1172561 (2013.01); H04M 2250164 (2013.01) Kevin R. Imes, Austin, TX (US) (58) Field of Classification Search (73) Assignee: Affinity Labs of Texas, LLC, Dripping CPC ...... G06Q 30/0267; G06Q 30/0269; GllB Springs, TX (US) 31/02; H04M 1/6091; H04W 84/12; H04W ( *) Notice: Subject to any disclaimer, the term ofthis 4106; H04W 88/06; G06F 3/04842; G06F patent is extended or adjusted under 35 3/0488; G06F 3/0482; H04L 65/60; H04L U.S.C. 154(b) by 0 days. 67/02 See application file for complete search history. (21) Appl. No.: 14/168,201 (22) Filed: Jan.30,2014 (56) References Cited

(65) Prior Publication Data U.S. PATENT DOCUMENTS US 2014/0207581 Al Jul. 24, 2014 3,582,926 A 6/1971 Hassan Related U.S. Application Data 4,291,749 A 9/1981 Ootsuka et al. (63) Continuation of application No. 13/854,232, filed on (Continued) Apr. 1, 2013, now Pat. No. 8,688,085, which is a continuation of application No. 13/117,507, filed on FOREIGN PATENT DOCUMENTS May 27, 2011, now Pat. No. 8,521,140, which is a continuation of application No. 12/495,190, filed on CA 2225910 12/1997 CA 2347648 Al 12/2001 Jun. 30, 2009, now Pat. No. 7,953,390, which is a continuation of application No. 12/015,320, filed on (Continued) Jan. 16, 2008, now Pat. No. 7,778,595, which is a OTHER PUBLICATIONS continuation of application No. 10/947,755, filed on Sep. 23, 2004, now Pat. No. 7,324,833, which is a Oldsmobile, "1991 Toronado/Trofeo User's Guide," 1991, pp. 1-41. continuation of application No. 09/537,812, filed on (Continued) Mar. 28, 2000, now Pat. No. 7,187,947.

(51) Int. Cl. Primary Examiner - Kashif Siddiqui H04L29/08 (2006.01) G06Q30/02 (2012.01) (57) ABSTRACT H04W4/06 (2009.01) A method for targeted advertising is disclosed. The method (Continued) includes accessing at least one piece of demographic infor­ mation associated with a user of a portable device, selecting (52) U.S. Cl. CPC ...... H04W 4106 (2013.01); G06F 310482 an advertisement to be delivered to the user based at least in part on the demographic information, and initiating commu­ (2013.01); G06F 310488 (2013.01); G06F 3104842 (2013.01); G06Q 3010267 (2013.01); nication of a version of the advertisement configured for presentation at the portable device. G06Q 3010269 (2013.01); GllB 31102 (2013.01); H04L 65160 (2013.01); H04L 67102 20 Claims, 8 Drawing Sheets

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U.S. Patent Jul. 28, 2015 Sheet 1of8 US 9,094,802 B2

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US 9,094,802 B2 1 2 SYSTEM AND METHOD TO COMMUNICATE IBOC technology may offer some advantages over L-Band TARGETED INFORMATION transmissions. For example, there may be no need for new spectrum allocations. There may be backward and forward This application is a continuation of U.S. patent applica­ compatibility with existing AM and FM systems on both the tion Ser. No. 13/854,232, filed Apr. 1, 2013, which is a con­ transmitter and receiver sides, and there may be a low-invest­ tinuation ofU.S. patent application Ser. No. 13/117,507, filed ment upgrade to digital systems. Unfortunately, a workable May 27, 2011, which is now U.S. Pat. No. 8,521,140, which IBOC solution is yet to be seen though technology may some­ issued Aug. 27, 2013, which is a continuation of U.S. patent day make IBOC digital radio commercially possible. application Ser. No. 12/495, 190, filed on Jun. 30, 2009, which Even if an IBOC solution becomes commercially available is now U.S. Pat. No. 7,953,390, which issued on May 31, 10 in the United States, IBOC digital radio may suffer from 2011, which is a continuation of U.S. patent application Ser. several shortcomings. For example, there may global stan­ No. 12/015,320, filed Jan. 16, 2008, which is now U.S. Pat. dardization problems. Though the United States favors No. 7,778,595, which issued on Aug. 17, 2010, which is a IBOC, the European and Canadian communities seem to favor L-Band making the establishment of a global standard continuation of U.S. patent application Ser. No. 10/947,755, 15 difficult. filed on Sep. 23, 2004, which is now U.S. Pat. No. 7,324,833, which issued on Jan. 29, 2008, which is a continuation ofU.S. BRIEF DESCRIPTION OF THE DRAWINGS patent application Ser. No. 09/537,812, filed on Mar. 28, 2000, which is now U.S. Pat. No. 7,187,947, which issued on A more complete understanding of the present embodi­ Mar. 6, 2007, the disclosures of which are all hereby incor- 20 ments and advantages thereof may be acquired by referring to porated herein by reference in their entirety for all purposes. the following description taken in conjunction with the accompanying drawings, in which like reference numbers FIELD OF THE DISCLOSURE indicate like features, and wherein: FIG. 1 depicts a general system for wirelessly communi­ The present disclosure relates to digitally stored content 25 cating selective information to an electronic device in accor­ and, more specifically, to a content delivery system and dance with one aspect of the present invention; method. FIG. 2 illustrates a block diagram ofa method ofwirelessly communicating selected information to an electronic device; BACKGROUND FIG. 3 illustrates an electronic device operable to receive 30 selected audio information in accordance with the teachings The first commercial radio stations in the United States of the present invention; began operation around 1920. Today, there may be as many as FIG. 4 illustrates a graphical user interface (GUI) for dis­ 12,000 radio stations in the United States programming in playing selectable audio information according to one aspect several distinct formats. When broadcasting their respective of the present invention; signals, these radio stations often use an analog signal, which 35 FIG. SA illustrates a portable radio system having a mount may be modulated based on frequency or amplitude. Fre­ for an electronic device according to one embodiment of the quency modulated (FM) radio appears to be the dominant present invention; entertainment medium while amplitude modulated (AM) FIG. SB illustrates an automobile console having a mount radio seems to be a popular outlet for news and information. for coupling an electronic device according to one aspect of Unfortunately, analog radio may be unable to provide the 40 the present invention; sound quality and consistency that radio listeners desire. As FIG. 6 illustrates a block diagram of a system for commu­ such, several broadcasting related companies have begun to nicating voice mail messages using email according to one consider a movement to digital radio. Unlike analog radio embodiment of the present invention; reception, digital radio reception may be able to provide FIG. 7 illustrates a flow chart for providing voice email compact disk (CD) quality sound while remaining virtually 45 messages according to one embodiment of the present inven­ immune to interference. Being immune to interference may tion; result in reducing static growls or "multipath" echoes, echoes FIG. 8 illustrates a flow diagram of a method for providing caused by signal reflections off buildings or topographical selected audio information to an electronic device according features. to one embodiment of the present invention; and Some countries, like Canada and many European coun- 50 FIG. 9 illustrates an auto mo bile console having a mount for tries, may choose to have digital radio operate in a single an electronic device according to one embodiment of the digital radio band such as the L-band between 1452-1492 present invention. megahertz (MHz). This band would allow the reception of both terrestrially and satellite-originated signals. By com­ DETAILED DESCRIPTION parison, FM radio typically operates between 88 and 108 55 MHz while AM radio typically operates between 0.525 and The conceptual groundwork for the present invention 1.705 MHz. Neither of these bands allows for easy transmis­ includes wirelessly communicating selective information to sion via satellite. an electronic device. According to one aspect, a user may Canada proposed using the L-Band for digital radio as interact with the Internet to select information, such as audio early as 1992. Several countries throughout the world have 60 information, and wirelessly communicate the selected infor­ since agreed to use the L-Band for digital radio with one mation to an electronic device. The electronic device receives notable exception. It appears the United States has chosen not the information via a wireless communications network and to operate its digital radio within the L-Band. In the United processes the information accordingly. In a particularized States, the L-Band may already be committed for military form, a user may select information from an Internet website uses. Apparently, the United States plans to adopt a system 65 operable to allow selectivity of audio information such as called in-band on-channel, or IBOC, which fits within theAM songs, on-line radio stations, on-line broadcasts, streaming and FM frequencies. audio, or other selectable information. Upon selecting the Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 47 of 93

US 9,094,802 B2 3 4 audio information, information or data associated with the communications. In one embodiment, digital engine 101 may selected audio information is wirelessly communicated to an be used in association with an Internet website configured to electronic device. The electronic device may then be used to provide access to selectable information. The Internet web­ process the selected audio information. In this manner, a user site operably associated with digital engine 101 allows a user may receive selective audio information via a wireless elec­ to select information to be wirelessly communicated to elec­ tronic device. tronic device 101 utilizing a network environment. The Inter­ In one form, the electronic device may be operable to net website may include several different types of informa­ communicate with an individual's automobile audio system. tion related to audio information. A user may select audio information utilizing a personal FIG. 4, described in greater detail below, illustrates one computer with access to a website operable to display select- 10 embodiment of providing an Internet website for displaying able audio information. The selected audio information may selectable audio information. For example, the Internet web­ then be wirelessly communicated to the electronic device site may include music and/or artist search engines, play lists, associated with an automobile's audio system. Therefore, top 10 charts, artists by genre, and other information associ­ upon receiving the selected audio information, a user may ated with audio information. A user may select information access and play the received audio information utilizing the 15 associated with the audio information and digital engine 101 electronic device in association with the automobile's audio can maintain the information or data associated with the system. selected information in a digital format. Communications The present invention is not limited to communicating only engine 102 coupled to digital engine 101 may wirelessly audio information. One skilled in the art can appreciate that communicate data associated with the selected audio infor- other types of information, such as video, textual, etc. may be 20 mation to electronic device 103. Therefore, a user may access communicated utilizing the systems and methods disclosed and select audio information via an Internet website and herein without departing from the spirit and scope of the wirelessly communicate the data to an electronic device. As present invention. Additionally, it will be understood that such, system 100 advantageously allows for wireless com­ information may be formatted in a plurality of ways at differ­ munication of selected audio information to electronic ent phases of communication without loosing the underlying 25 devices that may be remotely located from a conventional content ofthe selected information. For example, an audio file terrestrial communication network. may be formatted, segmented, compressed, modified, etc. for Electronic device 105 may be configured in a plurality of the purpose of providing or communicating the audio inven­ ways for receiving wireless communication of selected audio tion. Therefore, the term "audio information" or "informa­ information. In one embodiment, electronic device 105 may tion" is used in a general sense to relate to audio information 30 be operable as a component configured to receive a cellular in all phases of communication. signal comprising the selected information communicated by FIG. 1 depicts a general system for wirelessly communi­ the communication engine. For example, a device having a cating selective information to an electronic device in accor­ cellular modem may be operable to receive the information at dance with one aspect of the present invention. The system, specified intervals. Upon receiving the information the elec­ illustrated generally at 100, includes a digital engine 101 35 tronic device may process the received information. Elec­ coupled to a communications engine 102. Communications tronic devices are described in more detail below and may engine 102 is remotely coupled to an electronic device 103. include a network radio, a modular device, an audio system, Digital engine 101 may be directly or indirectly coupled to a personal digital assistant (PDA), a cellular phone, or other storage device 105 operable to store information. Digital electronic devices operable to receive information wirelessly engine 101 maintains information or data associated with 40 communicated by communication engine 102. selected information in a digital format. The information may Communications engine 102 may be operable to wirelessly be stored within storage device 105 or other storage devices communicate selected information to electronic device 103 in operable to maintain data or information associated with the a plurality of ways. The present invention advantageously selected information. allows for several different embodiments ofwirelessly com­ Communications engine 102 is communicatively coupled 45 municating selected audio information to electronic device to digital engine 101 and operable to wirelessly communicate 103 and is not limited to any specific configuration described the selected information to electronic device 103. During below. Several different types or combinations of wireless operation, audio information may be selected by a user uti­ communication may be realized by the present invention. lizing a personal computer or other devices operable to com­ Communications engine 102 may be operable to wirelessly municate with an information network. Digital engine 101 is 50 communicate the selected information from an information operable to maintain information associated with the selected network, such as the Internet, to an electronic device operable audio information. For example, the information could be to receive wireless communications. In one embodiment, several songs or titles configured as an audio file and format­ communications engine 102 may comprise a conduit to inter­ ted in a digital format such as an MP3 file, wave file, etc. The face information with a wireless communication network. maintained information may also be a reference to a network 55 The conduit may configure the information located within the location where an audio file may be stored, a network location information network into a format operable to be transmitted where a network broadcast of audio information may be via wireless communication. located, etc. or other network locations having information For example, a wireless device may be operable to receive associated with the selected audio information. Therefore, packets of information having a specific size and in a specific digital engine 101 may maintain a plurality of different types 60 format. In such an embodiment, communications engine 102 of information or data associated with the selected audio could format the information into a desirable format for wire- information. lessly communicating the information to electronic device System 100, utilizing communication engine 102, may 103. Several types ofwireless communication may be used by wirelessly communicate data or information associated with communications engine 102 to communicate the selected the selected audio information to electronic device 103 65 information to an electronic device. Communications net­ thereby providing wireless communication of selected infor­ works such as GSM, Digital Satellite communication, SB, mation to an electronic device operable to receive wireless Radio bands, DRC, SuperDRC or other systems or types of Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 48 of 93

US 9,094,802 B2 5 6 transmission such as TDMA, CDMA, spread spectrum, etc. information. For example, a user may want to listen to an or frequencies such as between about 1.7 GHz and 2.0 GHz Internet broadcast of an Internet radio station. Therefore, may be realized by the present invention for communicating high-speed communication may be required to wirelessly information or data representing the selected audio informa­ communicate or stream the selected audio information to an tion to electronic device 103. electronic device. In another embodiment, a hybrid of wire­ In one embodiment, the selective information may be com­ less communication rates may be deployed depending on the municated using a digital broadcast signal. Digital broadcast requirements of the selected audio information and/or the includes providing information via a signal such as AM, FM, electronic device. For example, the selected audio informa­ and the like. Digital information may be included or encoded tion may first be transmitted to the electronic device via as a sub-carrier within the broadcast signal and received by 10 high-speed communication until enough information has electronic device 103. A digital sub-carrier may include a been wirelessly communicated and buffered into a memory selective bandwidth of frequencies for a specific radio station device operably associated with the electronic device. Upon (i.e., 6 MHz for FM). The selective information may be wire­ lessly communicated to electronic device 103 utilizing a com­ communication of a certain percentage of the selected audio information, slower communication speeds may then be used munication engine 102 operable to communicate the selective 15 information via a digital FM signal. In this manner, selective to communicate additional selected audio information. information may be communicated within digital FM sub­ Therefore, system 100 may be configured in a plurality of carriers to an electronic device operable to receive the infor­ ways to communicate selected information to electronic mation. For example, a user may subscribe to communicate device 103. Digital engine 101 may be used to maintain data the information via an FM sub-carrier and receive the selec­ 20 or information associated with the selected information and tive data through wireless communication via a specified FM communication engine 102, communicatively coupled to sub-carrier. digital engine 101, may wirelessly communicate selected In one embodiment, the selected information may be for­ information to electronic device 103. matted and transmitted to achieve a desirable transmission FIG. 2 illustrates a block diagram ofa method ofwirelessly rate. For example, conventional systems may transmit infor­ 25 communicating selected information to an electronic device. mation at a speed of 10 kilobits per second. Therefore, for 1 The method may be used in association with the system megabyte ofinformation to be communicated to an electronic illustrated in FIG. 1 or other systems operable to utilize the device, a transmission time of approximately 800 seconds method of FIG. 2. may be required. The present invention may allow for a rela­ The method begins generally at step 200. At step 201, tive increase in transmission speed by removing the require- 30 selectable audio information may be accessed utilizing a net­ ment that information be communicated asynchronously to work communications device. For example, selectable audio an electronic device. For example, conventional wireless information may be displayed at an Internet website acces­ communication utilizes a specified frequency to communi­ sible by a personal computer. In another embodiment, the cate information in two directions (i.e., cellular phones). As selectable information may be accessed utilizing a wireless such, information is communicated across a channel in an 35 communications device such as, a cellular phone, a PDA asynchronous manner to provide a continuous audio signal to device, or other devices operable to provide access to the the recipient. selectable audio information. The present invention advantageously allows for signals to Upon accessing the selectable information, the method be transmitted to an electronic device in a less than asynchro­ proceeds to step 202 where a user can identify or select audio nous manner. For example, if a user selected a song to be 40 information to be wirelessly communicated to an electronic wirelessly communicated to an electronic device, system 100 device. For example, a user may select an entire album to be could communicate the information in a less than asynchro­ wirelessly communicated to a PDA device. nous manner allowing the selected information to be trans­ Upon the user selecting the audio information, the method mitted efficiently thereby decreasing the overall download proceeds to step 203 where the method maintains information time for the selected audio information. In one embodiment, 45 associated with the selected information. In one embodiment, the selected information may be compressed and transmitted the information may be an audio file, such as a wave file, and across the same frequency but at different phases thereby MP3 file, etc. representative of the selected audio informa­ allowing plural signals having different phases to be wire­ tion. In another embodiment, a network location that com­ lessly communicated to an electronic device. Therefore, the prises a file representing the selected information may be electronic device may be operable to receive multiple phased 50 maintained. Another example may include a network location signals and process the selective information accordingly. of a network broadcast of audio information. Therefore, the In one embodiment, the information may be wirelessly method at step 203 may maintain several different types of communicated at a relatively slow transmission rate. For information associated with the selected audio information. example, a user may schedule when the selected audio infor­ Upon maintaining information or data associated with the mation may be used by electronic device 103. The user may 55 selected information, the method proceeds to step 204 where select several different audio tracks or songs to be transmitted the method wirelessly communicates information associated to an electronic device associated with the user's vehicle such with the selected information to an electronic device. For that the user can listen to the user selected audio information example, if an audio file associated with the selected audio during the drive home at the end of a workday. Therefore, it information was maintained, the method would communicate may be desirable to utilize a slower transfer speed due to the 60 the audio file to the electronic device. In another embodiment, extended amount of time available prior to actual use of the a link or network address broadcasting the selected audio selected audio information. In this manner, communications information may be accessed and, at step 204, wirelessly networks having less or slower transfer rates may be used to communicated to an electronic device. In another embodi­ wirelessly communicate the selected audio information to the ment, a combination of different types of audio information electronic device. 65 may be wirelessly communicated to an electronic device. In another embodiment, high-speed wireless communica­ Upon transmitting the selected audio information, the method tionnetworks may be used to communicate the selected audio proceeds to step 205 where the method ends. Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 49 of 93

US 9,094,802 B2 7 8 Selected audio information may be communicated in a gate arrays, ROM devices, RAM devices, EEPROMs, minid­ plurality of ways as described above including communicat­ isks or other memory devices operable to store information. ing via a cellular communications network to an electronic During use, electronic device 300 receives wireless com­ device operable to receive cellularly-communicated signals. munications of selective information. The information may For example, the information may be selected from a website be transmitted via a wireless communications network and operable to display selectable information. Upon selecting received by electronic device 300 via transceiver 301. Trans­ the audio information, a data file representing the selected ceiver 301 may be operable to convert the received wireless audio information may be wirelessly communicated to an communication signal into a desirable format and store the electronic device thereby allowing a user to select audio infor­ received information within storage medium 303. The 10 received information may then be processed by electronic mation via the Internet and wirelessly communicate the infor­ device 300. mation to an electronic device. In one embodiment, electronic device 300 may be operable In some embodiments, the wireless communication to an as an audio player configured to play digital representations electronic device may occur in an off-line environment. For of music. For example, electronic device 300 may also example, a user may go "on-line" to access a website and 15 include an MP3 player operable to process the received infor­ select information and then go "off-line" or end the browsing mation into an audio signal. Therefore, electronic device 300 session. The wireless communication may then occur while may be used to receive wirelessly communicated MP3 audio the user is off-line thereby removing the confines of using an files and play these files using an MP3 player when desired. In active or on-line browsing environment (i.e. Internet radio another embodiment, electronic device 300 may be config- broadcast, streaming audio, etc.) for accessing selected infor­ 20 ured as a PDA wherein the PDA includes a web browser mation. Therefore, the method of FIG. 2 allows for informa­ operable to wirelessly communicate with the Internet. The tion, such as audio information, to be communicated from a PDA device may include a user interface allowing a user to network location such as a web site, to an electronic device select information to be wirelessly communicated to elec­ "via" wireless communication. The present invention advan­ tronic device 300. tageously allows users to access and download information 25 By providing a website of selectable information, the PDA accessible by a network location to an electronic device oper­ devices may provide an efficient embodiment for electronic able to receive wireless communications thereby reducing the device 300 in that is allows a user to access and select infor­ need for land lines, terrestrial communication networks, etc. mation using a wireless communication network and receive for communicating selective information. the selected information using the same or different wireless In one embodiment, the method of FIG. 2 may be deployed 30 communication network. In yet another embodiment, elec­ in association with an Internet website operable to display tronic device 300 may be configured as a component operable selectable links for downloading information. The informa­ to receive selective information via wireless communication tion may include audio information such as MP3s, streaming and communicate the information to a second electronic audio, streaming. Internet broadcasts, etc. are selectable by a device such as an automobile sound system, home stereo, etc. user and operable to be wirelessly communicated to an elec- 35 For example, electronic device 300 may utilize transceiver tronic device. By providing a user with a website of selectable 301 to receive wirelessly communicated information. Elec­ audio information operable to be wireless communicated to tronic device 300 may then be coupled to an automobile an electronic device, a user may customize information com­ sound system using an interface and communicate the municated to an electronic device. In one embodiment, a user received information to the automobile sound system. In this may communicate information to an electronic device that 40 manner, electronic device 300 may be used to provide the may not be owned by the user. For example the method of automobile sound system with audio files received via wire­ FIG. 2 could be modified to allow a user to wirelessly com­ less communication. municate audio information to a plurality of electronic In another embodiment, electronic device 300 may be devices that may or may not be owned by the user. operable to communicate the received audio information to FIG. 3 illustrates an electronic device operable to receive 45 an audio system via a localized communications-signaling selected audio information in accordance with the teachings network. One such network may include utilizing "Blue­ of the present invention. Electronic device 300 includes a tooth" communication standard, used to provide communi­ communication module 301 such as a transceiver coupled to cation between electronic devices in a proximal setting. In storage medium 303 such as a high speed buffer, program­ one embodiment, electronic device 300 may be integrated mable memory, or other devices operable to store informa- 50 into an audio component such as a radio receiver. Electronic tion. Electronic device 300 may also include processor 302 device 300 integrated into an audio component may be con­ operably associated with communication module 301 and figured to process digital audio files wirelessly communi­ storage medium 303. Processor 302 may be operable to pro­ cated to an audio component. In another embodiment, elec­ cess wirelessly communicated selected information and in tronic device 300 may be operable to communicate with an one embodiment may be integrated as part of communication 55 analog receiver at a predetermined frequency. module 301 of storage medium 303. In the same manner, as For example, a specific frequency may be selected (i.e., larger scale integration of electronic devices proliferate, com­ 93.7 MHz) for communicating the wireless received selected munication module 301, processor 302, and storage medium information from electronic device 300 to a localized audio 303 may be integrated into one communication component or system. Electronic device 300 communication of the wire- device operable as electronic device 300. 60 lessly received information allows a conventional receiver to Processor 302 may be operable using software that may be receive the selected audio information. In one embodiment, stored within storage medium 303. In one embodiment, soft­ the conventional receiver may be configured to receive a ware upgrades may be communicated to electronic device digital sub-carrier, on-carrier, or other within a specified fre- 300 via wireless communication allowing for efficient system quency. Therefore, electronic device 300 may be operable to upgrades for electronic device 300. Storage medium 303 may 65 locally transmit the signal at a specific frequency thereby include one or several different types of storage devices. For allowing the conventional receiver to receive the information. example, storage medium 303 may include programmable In another embodiment, electronic device 300 may be aper- Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 50 of 93

US 9,094,802 B2 9 10 able to scan plural bandwidths to receive the selective infor­ computer system, cellular device, PDA, or other electronic mation. For example, transceiver 301 may be operable to devices or systems operable to display the GUI of FIG. 4. The receive selective information across several frequencies and GUI, shown generally at 400, may be displayed using a con­ process the received information accordingly. ventional web browser 402 such as Microsoft™ Internet In another embodiment, electronic device 300 may be Explorer, a WAP browser, or other browsers operable to dis­ operable to scan several frequencies to obtain the desirable play the audio information. Browser 402 includes browser information. For example, a user may select several Internet functions, shown collectively at 403, for navigating a network broadcasts comprised of streaming audio information. There­ such as the Internet or an intranet. Homepage 401 may be fore, the information may be transmitted across several wire­ displayed using browser 402 and may include several func­ less frequencies receivable by electronic device 300. Elec- 10 tions, features, information, etc. related to audio information. tronic device 300 may then be operable to allow a user to scan Home page 401 may be developed using several different wirelessly communicated Internet broadcast signals thereby types of programming (i.e., HTML, XML, Java, etc.) used to providing a user selected virtual broadcast radio network. In developing a network location or website. another embodiment, electronic device 300 may include a The present invention is not limited to any one specific type user interface operable to communicate with an Internet web- 15 of software and may be realized in plurality of ways as can be site operable to display selectable audio information. The appreciated by those skilled in the art. Homepage 401 may Internet website may be configured as a user-preferred envi­ also include login region 410 allowing a user to log into ronment displaying a users selected audio information. Inter­ homepage 401 and display a user-preferred environment. For net broadcast selections, streaming audio selections, etc. example, a user may want Radio Dial 412 to appear when a With a display device for displaying a Website having 20 user logs into homepage 401. In another embodiment, a user selectable information, electronic device 300 may allow a may want to view a current play list selected by the user or the user to select audio information via a user interface and status ofwirelessly communicated playlist. A user may also receive the selected information via wireless communication provide demographic information allowing advertisers to thereby providing a customizable WebRadio device for the access the demographic information and provide advertise- user. In another embodiment, electronic device 300 may be a 25 ments based upon the demographic information. For modular device configured to be coupled to, for example, a example, an advertiser may want to target Hispanic females in portion of a cars interior. For example, electronic device 300 the 21-25 year old age group. may be mounted to a portion of a car's console thereby Through providing demographic information to advertis­ providing a removably coupled electronic device operable to ers, when a user logs into homepage 401 selective advertising wirelessly receive selected audio information. As a remov­ 30 can be "targeted" for a group of users. Homepage 401 may able device, electronic device 300 may also be coupled to a also include several tabs for efficiently navigating homepage home audio system, a portable radio system or other systems 401. Library tab 405 may be provided to allow a user to thereby providing a versatile electronic device operable to browse available audio information that may be presented by receive wirelessly communicated selected audio information. title, genre, artist, decade, culture, etc. Store tab 407 may also In another embodiment, electronic device 300 may be 35 be provided for locating items available for purchase such as operable as a PDA and/or a cellular phone that may be CDs, PDA devices, MP3 players, wireless communication mounted to an automobile's console. Electronic device 300 hardware, interfaces, software or other types of products that may then integrate with a user's automobile to provide an may be purchased while on-line. Chat tab 408 may also be all-encompassing communications device. For example, provided allowing a user to chat with other users of home electronic device 300 configured as a PDA and cellular phone 40 page 401. For example, a guest musical artist may be avail­ may allow for communication with a user's email account, able to chat with visitors of home page 401 via a chat page voice mail account, the Internet, as well as allowing for the associated with chat tab 408. Home page 401 may also receipt of selected audio information via wireless communi­ include contest tab 409 for displaying current contests, prizes, cation. Electronic device 300 may be operable in a hands-free and/or winners. mode allowing a user to maintain safe driving fundamentals. 45 Radio tab 406 may also be provided for displaying audio During use, electronic device 300 may be processing selec­ information. For example, radio tab 406 may display a col­ tive audio information for communicating with an automo­ lective menu 411 of selectable functions or features associ­ bile audio system and may further be operating to receive ated with audio information. Top ten lists may be provided to incoming cellular calls. a user based on several different billboard polls or genres. A Electronic device 300 may be set-up by the user to pause 50 search engine may be provided allowing a user to search for the music being played and allow the received cellular call to a specific type of audio information such as an artist, song be communicated either via an independent speaker or utiliz­ title, and genre. Internet radio station, etc. In one embodi­ ing the automobiles "audio system." Additionally, electronic ment, a user may input the lyrics to a song within the search device 300 may be operable to adjust the listening level of an engine. As such, the search engine may locate several differ­ automobile's audio system, it may play received voice mail 55 ent songs having the desirable lyrics and allow a user to select messages, allow a user to view the Internet, etc. In one the search results. A user may also use a select a device feature embodiment, electronic device 300 may be operable as a dual that allows a user to select a destination device for commu­ mode electronic device capable of receiving both digital and nicating selected audio information. For example, a user may analog wireless communication signals. In this manner, elec­ want to communicate a playlist to several different devices tronic devices may efficiently utilize available bandwidth for 60 such as a PDA, a home computer system, a work computer receiving selected information from a communications system, etc. engine. For example, transceiver 301 may be a wireless com­ As such, a user can communicate selective information to munications modem operable to receive digital or analog several devices without having to download the information signals. separately for each device. A send a friend link may also be FIG. 4 illustrates a graphical user interface (GUI) for dis- 65 provided allowing a user to send selective audio information playing selectable audio information according to one aspect to a friend's electronic device. A user may also join a group of the present invention. The GUI may be operable with a comprised of individuals that select a certain genre of music Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 51 of 93

US 9,094,802 B2 11 12 to be communicated to the user's electronic device. For the Internet may be accessed by the user and remotely com­ example, a user may want to join a group that plays only 50s municated to electronic device S02 coupled to portable radio swing music. As such, the user could communicate the SOO. group's selected songs to the user's electronic device. A user In another embodiment, portable radio SOO may include may also utilize an email account provided by homepage 401 memory operably located within for storing downloaded allowing a user to correspond with others via email. A user information. For example, portable radio SOO may include 32 may also access a list of guest DJs that may provide play lists MB of RAM allowing electronic device S02 to receive selec­ of songs chosen by the guest DJ and selectable by a user. tive information and download the selective information to In one embodiment, a user's radio dial 412 may be pro­ memory located within portable radio SOO. In this manner, the 10 downloaded music may be operable to be played within por­ vided when a registered user logs into homepage 401. As table radio SOO while allowing electronic device to be such, radio dial 412 may include several functional buttons removed from portable radio SOO. Therefore, portable radio similar to conventional systems such as a volume control and SOO including electronic device S02 allows a user to commu­ a station control. However, radio dial 412 surpasses the limi­ nicate selected audio information to portable radio SOO. tations of conventional systems through providing a program- 15 FIG. SB illustrates automobile console having a mount for mable radio dial of user customized audio information. Radio coupling an electronic device according to one aspect of the dial 412 includes several stations that may be programmed present invention. Console SlO includes mount Sll operable using program interface 413. The preset stations may include to receive electronic device S12. Mount Sll may be located in several different types of user customized preset information many different locations within an automobile such as such as user selected playlists, Internet broadcast stations, top 20 coupled to a sun visor, center console, dashboard, floorboard, lists, group playlists, artist-selected lists, on-line radio sta­ etc. Mount Sll allows the user to couple electronic device tion, conventional radio stations. Internet phone, cellular S12 to the automobile and provide an interface for commu­ phone, etc. and other functions, features, or information asso­ nication between electronic device S12 and the automobile ciated with audio information. audio system. Mount Sll may also include a power connec- Radio dial 412 may also be displayed as a separate user 25 tion that allows electronic device S12 to use the automobiles interface and in some embodiments, does not require a power during use. The power connection may also be used in "browsing" environment to view radio dial 412. For example, association with a recharging circuit operable to recharge a an electronic device, such as a PDA, having a display may power supply within the electronic device. During operation, graphically present radio dial 412 to a user. One example may electronic device S12 coupled to mount Sll may receive be using electronic device in association with an automobile 30 selected audio information via wireless communication and audio system. Electronic device may display radio dial 412 communicate the selective information to the automobile and may allow a user to navigate, modify, select, adjust vol­ audio system. ume, access daytimer, access phone lists, etc. or perform In one embodiment, the automobile may include memory other functions while the electronic device is used in associa­ operable associated with the automobile for storing-informa­ tion with an automobile sound system. Therefore, radio dial 35 tion. The memory may be used in association with mount Sll 412 may be operable as an application for use with several and electronic device S12 to store the selected audio informa- different types of electronic devices (i.e., computer systems, tion. In this manner, voluminous audio information can be portable computing devices, cellular phones, etc.) operable to stored within the memory allowing electronic device S12 to display radio dial 412 and in come embodiments may be receive additional information. In one embodiment, a mount wirelessly communicated to an electronic device. 40 may be provided for a home audio system (not shown) for In another embodiment, homepage 401 may allow a user to downloading selected audio information for use with a home select when to download the information to an electronic audio system. For example, a mount device may be coupled to device. For example, a user may want to listen to a certain a home stereo system such that the upon placing an electronic genre of music at a specific time of day thereby allowing a device such as electronic device SOO within the mount, user to select the information. As such, a user may select a 45 selected audio information may be communicated to the different playlist for every day of the week thereby allowing home audio system thereby allowing a home audio system to a user to listen to different songs on different days ofthe week. be used in association with an electronic device. The user can further identify when the selected playlist FIG. 6 illustrates a block diagram of a system for commu­ should be available for listening. For example, if a user nicating voice mail messages using email according to one wanted to listen to "playlist #1" on Monday morning during 50 embodiment of the present invention. The system, indicated the drive into work between 8:00 am and 9:00 am, the user generally at 600, includes email server 601 coupled to a voice would enter the time and the day "playlist #1" would be mail storage device 602. System 600 further includes a com­ available for listening. In this manner, the playlist may be puter system or network terminal 603 such as a computer communicated to the electronic device thereby allowing a coupled to network 604. System 600 further includes mount user to listen to selective audio information at a desirable 55 60S for mounting electronic device 606 for hardwire commu­ time. nication of information. Device 606 may also communicate FIG. SA illustrates a portable radio system having a mount with network 604 using a wirelessly communication network for an electronic device according to one embodiment of the operably associated with network 604 and coupled, for present invention. Portable radio SOO includes a mount SOl example, via tower 607. operable to receive electronic device S02. Mount SOl may 60 During operation, system 600 communicates voice mail include a connector operable to provide communications and messages to a user utilizing email server 601. For example, if power to electronic device S02. During use, electronic device a user receives a voice mail message, email server 601 would S02 when mounted within portable radio SOO communicates be notified and a voice mail message would be sent to the with portable radio to provide remotely received selective user's email account in the form of an email message. For audio information. In one embodiment, electronic device S02 65 example, a voice mail message would be sent to a user's email may include a user interface allowing a user to access the account within intranet 604 in the form of an audio file as an Internet. Therefore, selective audio information located on attachment to the email. Upon receiving the email, a user may Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 52 of 93

US 9,094,802 B2 13 14 click on the audio file representing the voice mail message to in a plurality of ways to provide email messages comprised of hear the message left by a caller. voicemail messages received via a voice mail or email In one embodiment, a user may be accessing the Internet account. via a phone line and, as such, be unable to receive notification FIG. 7 illustrates a flow chart for providing voice email that a voice mail message has been received. System 600 messages according to one embodiment of the present inven­ would receive the voice mail message and send an email tion. The method begins at step 701 where a voice mail comprising the voice mail message to the user email account. message is left for a user. The message could be at a residence, In this manner, a user can remain connected to the network place of business, etc. The method then proceeds to step 702 and receive voice mail without having to log off or disconnect where the message may be stored as an audio file within a from the Internet. In one embodiment, a user may receive the 10 database operable to store a file comprised of the voice mail voice mail message via a portable electronic device. For message. Upon storing the file, the method proceeds to step example, a user may be using remote device 605 operable to 703 where an electronic mail message may be generated. The receive wirelessly communicated information. System 600 electronic mail message may be addressed to the recipient of would receive the voice mail message and forward the voice 15 the voice mail message. The method then proceeds to step 704 mail message to a user's portable electronic device 606. In where the audio file representing the voice mail message is this marmer, a user may be capable of receiving voice emails attached to the electronic message. at remote locations. Upon attaching the audio file, the method then proceeds to In another embodiment, a user may subscribe to use an step 705 where the email message may be sent to the email Internet email account that may be operably associated with 20 address. Upon sending the email message the method pro­ system 600. Utilizing an Internet email account may allow a ceeds to step 706 where the method determines if the email user the flexibility to check voice email messages from any message should be sent to a wireless electronic device. Ifthe location in the world. For example, a user may access a message is not to be sent to a wireless device, the method "Hotmail" email account while traveling on business in a proceeds to step 720 where the method ends. Ifthe message is foreign country. The user, upon gaining access to the "Hot­ 25 to be sent to a wireless electronic device, the method proceeds mail" account, would be able to listen to voice mail messages to step 707 where a signal may be sent to the wireless elec­ sent to the user via the "Hotmail" email account. Through tronic device and at step 708 an indication is provided to the utilizing an email account to receive voice mail messages, a electronic device indicating that a voicemail message has user may be afforded great flexibility in communicating voice been received via a user's email account. The method may mail messages. For example, a user may be able to forward a 30 then proceed to step 709 where the user decides whether or not to listen to the voice email message. Ifthe user decides not voice mail message received in the form of an email to one or to listen to the voice email message, the method may proceed a plurality of other email accounts. In this manner, a voice to step 710 where the method ends. Ifthe user decides to listen email message may be sent efficiently to other email users. to the voice email message, the method proceeds to step 711 For example, a user may maintain a distribution list of 35 where a request may be sent by the electronic device request­ individuals working on a particular project that may have a ing the voice email message be forwarded to the user's elec­ need to hear certain voice email messages. In this manner, a tronic device. user may efficiently disseminate information to other indi­ At step 712, the voicemail message may be sent to the viduals while adding additional textual information to the user's electronic device. Upon forwarding the voicemail mes- body of the email allowing a user to comment on the original 40 sage to the user the method may proceed to step 720 where the voice email message. In another embodiment, a user may method ends. As such, FIG. 7 depicts one method of provid­ forward a received voice email message to another account ing an email message comprised of a voice mail message. operable to receive forwarded voice email messages. For Certainly, other methods may be deployed as advancements example, system 600 may be operable to receive an email in technology and are made without departing for the spirit message having a voice mail message as an attachment. The 45 and scope of the present invention. system would then be operable to forward the voice mail FIG. 8 illustrates a flow diagram of a method for providing message to specified phone number, separate email account, selected audio information to an electronic device according and/or voice mail account, etc. thereby providing a user flex­ to one embodiment of the present invention. The method ibility in receiving voice email. begins at step 800 where a user accesses a webpage via the In one embodiment, a user may utilize an email account to 50 Internet. The webpage may be a home page illustrated in FIG. establish an answering service for voice mails. For example, 4 or other web pages operable to display selectable references a user's telephone number may be operable with an email to audio information. The method proceeds to step 801 where account to provide an answering service. A user may record a a user selects desirable audio information. For example, a message for a specified phone number or extension and, upon user may select a single song, a plurality different songs, an receiving an incoming call; the recorded message may be 55 entire album, a broadcast station, streaming audio, etc. or played back to incoming the call's initiator. System 600 other selectable audio information. Upon the user selecting a would then forward the received voicemail message via an reference to audio information, the method may proceed to email account to the user. For example, a user may have an step 802 where a playlist may be created that represents the account set up at a residence for receiving voicemail mes­ user's selected audio information. sages via a user-defined email account. The user could then 60 The playlist may be variable in size and comprised of a forward all received voice mails from the home account to an plurality of different types of available audio information. email account at a place of work. Therefore, the user may Upon creating a playlist, the method may proceed to step 803 have complete access to received voicemail messages. In the where information associated with the playlist is obtained. same manner, a user could set up their work phone number to For example, a list of network or URL locations comprised of forward a voicemail message to the user's home email 65 the desirable audio information may be obtained. In this account thereby allowing a user to receive a voicemail at a manner, desirable audio information may be obtained from home email account. Therefore, system 600 may be operable many different sources such as URLs, network addresses, Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 53 of 93

US 9,094,802 B2 15 16 hard drives, databases comprised of audio information, etc. method may repeat. In one embodiment, a user may elect to The sources may be accessed to obtain the selected audio download a broadcast of an on-line radio station. For information. example, a user may want to listen to a radio station located in Upon obtaining data associated with the customized play­ a remote location wherein conventional radio receivers could list, the method may proceed to step 804 where the user is not receive the desired broadcast. For example, a person prompted for a destination for the playlist. For example, a living in Houston, Tex. may not be able to receive a radio user may want to communicate the selected audio informa­ broadcast signal from a radio station in Seattle, Wash. utiliz­ tion to a remote electronic device, an automobile audio sys­ ing a conventional radio receiver. tem, a home stereo system, a home computer, an electronic In accordance with the teachings of the present invention, device coupled to a home network or computer system, etc. or 10 a user may select an on-line broadcast or radio station as all or other locations or devices operable to receive the selected a part of the selected audio information. The user may then audio information. In one embodiment, a user may select a receive radio broadcasts without having to use a home com­ device owned by a friend to accept the selected audio infor­ puter system or conventional radio receiver. mation. For example, a husband may want to send a romantic At step 804, a user may select a device that does not require playlist to his wife on their armiversary. In this situation, the 15 remote communication of information. For example, a user husband would select his wife's electronic device as the may elect to communicate the selected audio information to receiving device for the selected audio information. device, such as a personal computer, PDA device, MP3 Upon selecting a device, the method proceeds to step 805 player, etc. coupled via a network connection to the Internet where the method determines the destination of the selected or an Intranet. The user may receive the selected play list at the audio information. If the information is to be sent to a device 20 determined device for eventual playing. In one embodiment, via a wire line connection, the method proceeds to step 813 a user may select a plurality of devices as destination devices where play list data is sent to a user via a wire line connection. for receiving downloads of the selected audio information. The method may then proceed to step 814 where the play list For example, the user may want to download the information is executed at the device. If the information is to be sent to a to a home stereo system, a PDA device, and an automobile device requiring wireless communication, the method pro­ 25 stereo. As such, the selected information may be communi­ ceeds to step 806 where the information is formatted for cated to more than one destination device. In addition, the communicating the information to a wireless electronic format of the download may match or conform to the selected device. For example, a wireless PDA device may be selected destination device(s). as a destination device for the selected audio information. The The present invention may be configured in a plurality of PDA device may include an audio player, such as an MP3 30 ways to communicate desirable audio information to users by player operable to play or execute MP3 audio files. In such an allowing users to select desirable audio information and embodiment, the method could format the information such transmitting the desirable audio information to a specified that the information may be wirelessly communicated and destination thereby allowing a user to receive on-demand subsequently played by the MP3 player. customized audio information. Moreover, the download may Upon formatting the information, the method may then 35 occur in an off-line environment, allowing a user to enjoy the proceed to step 807 where the audio information is wirelessly selected audio information accessed on-line without having communicated to the selected device. In some embodiments, to be on-line or utilizing a browsing environment. In one the device may be operable to receive a limited amount of embodiment of the present invention, the method of FIG. 8 information based upon storage capacity of the device (i.e., may be modified to allow a user to select a "user group" for 16 MB). In such a case, the method may divide the informa­ 40 receiving customized audio information. For example, a tion into component parts and periodically communicate the "user group" may include users that prefer contemporary jazz component parts, such as packets, to the electronic device. wherein a user may request a certain song. Therefore, a virtual Upon communicating the audio information, the method may request line may be designed for a specific genre of music then proceed to step 808 where the signal may be received by allowing "members" to transmit audio information to the the destination or electronic device. 45 "group". The method may then proceed to step 809 where the In another embodiment of the present invention, the method determines if all of the audio information has been method may be modified to allow a user to select a specific received. For example, if 16 MB or 32 MB of selected audio genre to be transmitted to the users device. For example, a information was initially transmitted due to capacity limita­ user may elect to have random country and western music tions of the selected device, the method may query the 50 transmitted to a destination device. The user could efficiently selected device to determine if capacity is available. If avail­ create a radio station format and have the format received at a able memory exists, the method may proceed to step 807 destination device. where the method may communicate additional audio infor­ In a further embodiment, a user may select a group of mation based upon the amount of available memory. The genres to be downloaded to a desirable device. As such, the method repeats until all of the selected audio information has 55 method may be modified to allow a user to select several been transmitted. different genres to download random music within the speci- Upon communicating the selected information, the method fied genres. In another embodiment, a user may elect to down­ may proceed to step 810 where the play list may be executed. load the same music as another individual. For example, a For example, a user may select a continuous communication user may want to download the same music as their best of selected audio information (e.g., several hours of music. 60 friend. Therefore the user could elect to download the same Internet broadcast, etc.). As such, the method may continu­ music as their friend or group of friends. In another example, ously play or execute the received audio information. In a user may want to listen to the same music that an artist another embodiment, the method may proceed to step 811 listens to on a specific weekday of evening. For example, a where the method may store or buffer the received informa­ user may want to listen to the same music that Barry White tion until it is desirable to execute the received selected audio 65 listens to on a Saturday night. information. As such, upon executing the selected audio Therefore, the user may select "Barry White's" Saturday information, the method may proceed to step 809 where the night playlist and receive the same playlist Barry White Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 54 of 93

US 9,094,802 B2 17 18 receives on Saturday night. In another embodiment, the another embodiment, electronic device 907 may include an method of FIG. 8 may be modified to allow a user to manipu­ audio file player operable to play audio files such as MP3s, late song post download. For example, a user may want to etc. store, delete, replay, copy, forward, etc. received audio infor­ The audio files may be remotely or locally communicated mation. Therefore, the method of FIG. 4 may be modified to electronic device 907 and upon coupling to audio system such that a user can manipulate or process the received audio 901, the audio files may be transmitted to audio system 901 in information in a plurality of ways. In one embodiment of the a form receivable by audio system 901. Although the dis­ present invention, an on-line radio station may be provided. closed embodiments have been described in detail, it should For example, the radio station may be created for transmitting be understood that various changes, substitutions and alter­ audio or on-line broadcasts. The on-line broadcasters or hosts 1 o ations can be made to the embodiments without departing may create their own format for broadcast. For example, an from their spirit and scope. on-line radio station may be provided that transmits only The benefits, advantages, solutions to problems, and any children's songs. element( s) that may cause any benefit, advantage, or solution Prior to conception of the present invention, conventional to occur or become more pronounced are not to be construed radio stations were monetarily limited to be capable of trans­ 15 as a critical, required, or essential feature or element of the mitting music such as children's songs to conventional radio present invention. Accordingly, the present invention is not receivers. The present invention, by providing a medium for intended to be limited to the specific form set forth herein, but transmitting selectable audio information, enables the exist­ on the contrary, it is intended to cover such alternatives, ence of on-line broadcasting with little or no overhead cost for modifications, and equivalents, as can be reasonably included a host. A user may select an on-line broadcast for on-line or 20 within the spirit and scope of the invention as provided by the off-line delivery. In another embodiment, on-line broadcast claims below. of audio information representing books or novels may be While the present invention has been described with provided to individuals such as the visually impaired. For respect to a limited number of embodiments, those skilled in example, an on-line broadcast station may provide several the art will appreciate numerous modifications and variations hours of audio information broadcast representing books or 25 therefrom. It is intended that the appended claims cover all novels to be broadcast with very little overhead. such modifications and variations as fall within the true spirit FIG. 9 illustrates an automobile console having amount for and scope of this present invention. an electronic device according to one embodiment of the present invention. Console 900 includes a conventional audio What is claimed is: system 901 comprised of a receiver 902 and CD player 903. 30 1. A method to deliver media, comprising: Interface 904 may be coupled to audio system 901 via plug organizing an available media into a plurality of indepen­ 905 and cable 908, which may be coupled to an auxiliary line dent segment files to facilitate delivery; into audio system 901. Interface 904 may also include contact formatting a given segment to facilitate an outputting ofthe 906 for contacting electronic device 907. Cable 908 may be a given segment at a given rate; multiple conductive cable for providing power from the auto- 35 formatting a different segment to facilitate an outputting of mobiles power system via a protection circuit or fuse 909 for the different segment at a different rate, wherein the powering electronic device 907. In one embodiment, inter­ different rate is slower than the given rate; face 904 may be operable to recharge electronic device 907 generating a list that includes an address for each of the utilizing a power source associated with an automobile. plurality of independent segment files; During operation, electronic device 907 may be mounted 40 receiving an HTTP communication that indicates a desire within interface 904. Electronic device 907 may also be pow­ to access the available media; ered or recharged via power line 910 and communicate with sending the list in response to receiving the HTTP commu- the systems audio system via interface cable or bus line 911. nication; Audio information communicated to electronic device 907 sending the given segment; and may be transferred to audio system 901 such that a user may 45 sending the different segment. listen to selected audio information. For example, a user may 2. The method of claim 1, further comprising sending an have previously selected a plurality of audio files to be trans­ advertisement. mitted to electronic device 907. Electronic device 907 may 3. The method of claim 1, further comprising maintaining communicate the selected audio information to the automo­ the plurality of independent segment files in a storage biles audio system that utilizes interface 901 thereby allowing 50 medium means for storing files, wherein formatting the dif­ the user to listen to selected audio information. In one ferent segment comprises compressing the different segment embodiment, cable 908 may be custom-installed to audio into a format that is configured to facilitate an outputting at a system 901. For example, the cable may be coupled to an playback device at or near the different rate. auxiliary line for the system's radio or may be coupled to CD 4. The method of claim 3, wherein the available media is a player line 912. 55 video and the HTTP communication was received from an In another embodiment, a radio manufacturer may provide electronic device comprising an internal battery, a recharging interface 904 as a standard interface integrated into the audio circuit for the internal battery, a display, and an application system, thereby allowing communication between electronic stored at the electronic device to output the video on the device 907, audio system 901 and/or console 900. Electronic display. device 907 may include a plurality of different types of 60 5. The method of claim 1, further comprising providing a devices. For example, electronic device 907 may include a link to the available media on a website. PDA device operable to store selected audio information. The 6. The method of claim 1, further comprising: information may be either remotely downloaded using an providing a link to the available media on a website; Internet web browser and wireless communication to the associating demographic information about a user with the PDA device. In another embodiment, selected audio informa- 65 user; and tion may communicated to a PDA device via a hard wire communicating an advertisement targeted to the user based coupled to a computer system interfacing with the Internet. In at least in part on the demographic information. Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 55 of 93

US 9,094,802 B2 19 20 7. The method of claim 6, wherein the demographic infor­ periodically sending a requested next segment to the mation is selected from a group consisting of an age group device. demographic, a location demographic, and a gender group 14. A system that facilitates delivery of media, comprising: demographic, further wherein the HTTP communication is a media available for delivery as a series of segments, received from a requesting device that is a home media sys­ wherein at least a given one of the segments is config­ tem component. ured to allow delivery to a requesting device via a net­ 8. The method of claim 7, wherein the available media is work link capable of communicating information at a selected from a group consisting of a stored media and a near first rate and at least another segment is configured to real time broadcasted media. allow delivery to the requesting device via a link capable 9. A streaming method comprising: 10 of communicating information at a different rate; receiving an HTTP communication at a media delivery a media playlist for the available media that includes a resource that comprises a request for a listing of network network location for a file representing the given one of locations for segments of available media, further wherein the request is from a device having a buffer, a the segments and a different network location for a dif­ ferent file representing the other segment; and non-volatile memory, and a collection of instructions 15 stored in the non-volatile memory that are operable: (1) a delivery resource configured to respond to a plurality of to request a media segment with a formatting that allows file requests by transmitting information to the request­ the media segment to be delivered from the media deliv­ ing device in a manner that facilitates a continuous out­ ery resource at a given rate, (2) to consider an amount of putting of the available media by the requesting device. information stored in the buffer, and (3) to request a 20 15. The system of claim 14, wherein the first rate is slower different segment with a different formatting that allows than the different rate. the different segment to be delivered from the media 16. The system of claim 14, wherein the given one of the delivery resource at a different rate, wherein the at least segments has a format that is designed to be output at or below two rates are rates at which a streaming media can be a given rate measured in bits per second and the format is a output; 25 way in which the given one of the segments is configured to sending a message comprising a plurality of network loca­ allow delivery to the requesting device via the network link. tions for different segments of the available media; 17. The system of claim 16, wherein the delivery resource sending a requested segment of the available media, comprises a formatting engine that puts the given one of the wherein the requested segment has a compression for­ segments into the format. mat that allows for use at the given rate; and 30 18. The system of claim 14, wherein themedia available for sending a different requested segment of the available delivery comprises a video, the system further comprising: media, wherein the different requested segment has a a collection ofinstructions stored in a non-volatile memory different compression format. and configured to be executed by an electronic device 10. The method of claim 9, wherein the available media is that has an independent power supply and a display, the a video configured for presentation by an application stored at 35 the device. collection of instructions operable when executed to direct the electronic device to continuously output the 11. The method of claim 9, wherein the compression for­ mat has an outputting characteristic that is measured in bits video and to periodically request a next file included on per second. the media playlist. 19. The system of claim 18, further comprising: 12. The method of claim 11, wherein the video is selected 40 from a group consisting of a network stored media and a near an advertising module configured to send a targeted adver­ real time broadcasted media. tisement to the electronic device. 20. The system of claim 14, wherein the delivery resource 13. The method of claim 9, further comprising: organizing the available media into a plurality of segments is configured to recognize if a requesting device is a mobile device necessitating a delivery path that comprises at least to facilitate delivery; 45 saving each of the plurality of segments such that each can one wireless link. be individually retrieved; and * * * * * Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 56 of 93

EXHIBIT B Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 57 of 93 I lllll llllllll Ill lllll lllll lllll lllll lllll 111111111111111111111111111111111 US009444868B2 c12) United States Patent (IO) Patent No.: US 9,444,868 B2 White et al. (45) Date of Patent: Sep.13,2016

(54) SYSTEM TO COMMUNICATE MEDIA H04W 4/06; H04W 88/06; G06F 3/04842; G06F 3/0488; G06F 3/0482; H04L 65/60; (71) Applicant: Affinity Labs of Texas, LLC, Dripping H04L 67/02 Springs, TX (US) See application file for complete search history.

(72) Inventors: Russell W. White, Austin, TX (US); (56) References Cited Kevin R. Imes, Austin, TX (US) U.S. PATENT DOCUMENTS (73) Assignee: Affinity Labs of Texas, LLC, Austin, 3,582,926 A 6/1971 Hassan TX (US) 4,291,749 A 9/1981 Ootsuka et al. 4,314,232 A 2/1982 Tsunoda ( *) Notice: Subject to any disclaimer, the term ofthis 4,337,821 A 7/1982 Saito patent is extended or adjusted under 35 (Continued) U.S.C. 154(b) by 0 days. FOREIGN PATENT DOCUMENTS (21) Appl. No.: 141747,002 CA 2225910 12/1997 (22) Filed: Jun. 23, 2015 CN 1218258 6/1999 (Continued) (65) Prior Publication Data OTHER PUBLICATIONS US 2015/0312309 Al Oct. 29, 2015 Krebs, M., "Cars That Tell You Where to Go," The New York Times, Related U.S. Application Data Dec. 15, 1996, section 11, p. 1. (Continued) (63) Continuation of application No. 14/168,201, filed on Jan. 30, 2014, now Pat. No. 9,094,802, which is a Primary Examiner - Kashif Siddiqui continuation of application No. 13/854,232, filed on Apr. 1, 2013, now Pat. No. 8,688,085, which is a (57) ABSTRACT (Continued) A system for communicating media is disclosed. Such a system may include, for example, a media broken into a (51) Int. Cl. plurality of independent segment files that may represent H04W8/22 (2009.01) sequential portions of the media. One of the segment files H04W 4102 (2009.01) can be encoded to have a format that is different than the H04L 29106 (2006.01) encoded format of another one of the segment files. The H04L 29108 (2006.01) formats may be chosen to allow outputting of information in (52) U.S. Cl. the segments at different rates. A list may include network CPC ...... H04L 651602 (2013.01); H04L 651607 addresses for the segment files, and a content delivery (2013.01); H04L 67102 (2013.01); H04L system may be deployed to distribute media content to 6711095 (2013.01) remotely located requesting devices by sending the segment (58) Field of Classification Search files in response to requests for the segment files. CPC ...... G06Q 30/0267; G06Q 30/0269; GllB 31/02; H04M 1/6091; H04W 84/12; 20 Claims, 8 Drawing Sheets

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Winamp digital audio player and Winamp.com web archive docu­ IBM Wireless Modem for Cellular/CDPD product and documenta­ mentation, Jan. 1999, pp. 1-11. tion User Manual, Document No. SC30-3692-00, 1st edition, Aug. Screenshots related to MusicMatch Software ver. 4.0, copyright 1995, (IBM000129-IBM000326), pp. 1-198. 1999-2000, pp. 1-11. IBM Wireless Modem for Cellular/CDPD product and documenta­ Screenshots related to MusicMatch Software ver. 4.1, copyright tion User Manual, Document No. GX27-4001-02, 3rd edition, Sep. 1999-2000, pp. 1-11. 1996, (IBM000014-IBM000128), pp. 1-115. Screenshots related to MusicMatch Software ver. 4.2, copyright IBM Wireless Modem for Cellular/CDPD product and documenta­ 1999-2000, pp. 1-13. tion Hardware Announcement No. 195-084, IBM Wireless Modem Screenshots related to MusicMatch Software ver. 4.3, copyright for Cellular/CDPD, Mar. 14, 1995, (IBM000001-IBM000006), pp. 1999-2000, pp. 1-13. 1-11. Screenshots related to MusicMatch Software ver. 4.4, copyright IBM Wireless Modem for Cellular/CDPD product and documenta­ 1999-2000, pp. 1-14. tion Hardware Announcement 195-213, Jun. 20, 1995, "MusicMatch First Jukebox Software to Integrate Internet Radio (IBM000007-IBM000008), pp. 1-2. Tuner, Offering the Most Powerful Music Playback and Streaming IBM Wireless Modem for Cellular/CDPD product and documenta­ Capabilities Available," Jan. 24, 2000, pp. 1-2. tion Hardware Announcement 195-309, Oct. 9, 1995, (IBM000009- MusicMatch Press Release, "MusicMatch Breaks the Sound Quality IBM000011), pp. 1-3. Barrier with Release ofMusicMatch Jukebox 5.0," Mar. 6, 2000, pp. IBM Hardware Withdrawal Announcement 997-019, Jan. 21, 1997, 1-3. (IBM000012-IBM000013), pp. 1-2. MusicMatch Press Release, "Play Pack Introduces Users to Digital IBM Hardware Maintenance Manual ThinkPad 390/i Series, Nov. Entertainment; There's Never Been a Better Time to Upgrade," 1998, pp. 1-92. Nov. 1, 2000, pp. 1-3. 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IBM Personal Computer 300/700 Series IntelliStation Hardware MusicMatch Press Release, "MP3 .com and MusicMatch Offer Maintenance Manual, Jun. 1998, pp. 1-77. Exclusive Download of Custom MusicMatch Jukebox," Sep. 29, IBM Personal Systems Reference IBM ThinkPad Notebooks 1992 1999, pp. 1-2. to 2001, Jan. 2001, pp. 1-87. MusicMatch Press Release, "MusicMatch Delivers Windows Media IBM Technical Information Manual PC 300 PL series, 1998, pp. Audio Recording and Playback with Next-Generation Creative 1-57. NOMAD II," Oct. 6, 1999, pp. 1-2. IBM ThinkPad 240 Hardware Maintenance Manual, Oct. 1999, pp. MusicMatch Press Release, "MusicMatch Partners with Emusic. 1-67. com and Epitonic.com and Rollingstone.com to Bring Digital Music IBM ThinkPad 240 series compatibility spreadsheet, pp. 1-4. to the Masses," Oct. 14, 1999, pp. 1-3. IBM ThinkPad 240 series User's Guide, Jun. 1999, pp. 1-121. MusicMatch Press Release, "RCA Lyra Enhanced to Support IBM ThinkPad 240X Hardware Maintenance Manual, May 2000, MusicMatch Jukebox, Windows Media, and USB Connections," pp. 1-84. Dec. 8, 1999, pp. 1-2. Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 66 of 93

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RealNetworks Press Release, "RealNetworks Introduces RealNetworks Press Release, "More Than 50 Leading Media Com­ RealSystem MP, The First Complete Digital Music Management panies Provide Progranuning for RealChannels in RealPlayer G2," System," May 3, 1999, pp. 1-2. Jul. 13, 1998, pp. 1-3. RealNetworks Press Release, "Thomson and RealNetworks Team to RealNetworks Press Release, "Sony Music and RealNetworks Provide Consumers with Internet Digital Music Product and Soft­ Launch Video Music Network on the Internet with RealPlayer G2," ware Solutions," May 3, 1999, pp. 1-3. Jul. 15, 1998, pp. 1-2. RealNetworks Press Release, "RealNetworks Ships RealPlayer G2 RealNetworks Press Release, "Record-Breaking Number of Con­ for Macintosh and RealPlayer G2 Update 2 for Windows," May 5, sumers Download RealNetworks' RealPlayer," Aug. 6, 1998, p. 1. 1999, pp. 1-3. RealNetworks Press Release, "RealNetworks Reaches Two Million RealNetworks Press Release, "RealNetworks Announces a Rich Viewership Milestone with Broadcast of Clinton Testimony," Sep. Media Advertising Application for RealSystem G2," May 5, 1999, 22, 1998, pp. 1-2. pp. 1-3. RealNetworks Press Release, "RealNetworks Ships Full Beta RealNetworks Press Release, "RealNetworks Teams with Intel to Release of RealSystem G2 Including Intel Technology," Sep. 28, Deliver First Streaming 3-D Solution for Fonts & Effects," May 5, 1998, pp. 1-2. 1999, pp. 1-2. RealNetworks Press Release, "RealNetworks' RealPlayer Software RealNetworks Press Release, "Polycom and RealNetworks to be Distributed on AOL 4.0 CD-ROMS, Giving AOL Users Instant Announce New Polycom Streamstation, Enabling Videoconfer­ Access to RealAudio and RealVideo Content," Sep. 28, 1998, pp. ences to be Streamed Over the Web in Real-Time and On-Demand," 1-2. May 10, 1999, pp. 1-3. RealNetworks Press Release, "RealNetworks Announces Wide­ RealNetworks Press Release, "RealNetworks' Rea!Jukebox spread Adoption of RealSystem G2," Sep. 28, 1998, pp. 1-3. Reaches One Million Downloads in Ten Days," May 12, 1999, pp. RealNetworks Press Release, "RealNetworks Announces the First 1-2. Ever Streaming Media Partner Pavilion," Oct. 7, 1998, pp. 1-2. RealNetworks Press Release, "NBC's Snap.com and RealNetworks RealNetworks Press Release, "Lotus & RealNetworks First to Team to Connect Consumers to Broadest Range of Rich Media Integrate Streaming Audio and Video with Messaging and Collabo­ Progranuning on the Internet," May 17, 1999, pp. 1-3. ration Software for Millions of Lotus Customers," Oct. 12, 1998, RealNetworks Press Release, "Liberate Technologies to Integrate pp. 1-3. RealNetworks RealPlayer G2 into Information Appliance Software RealNetworks Press Release, "Netscape and RealNetworks Sign Platform as Preferred Broadband Media Technology," Jun. 24, Strategic Agreement to Distribute RealPlayer Via Netscape Com­ 1999, pp. 1-2. municator and Netscape Netcenter Portal Site," Oct. 19, 1998, pp. RealNetworks Press Release, "RealNetworks Introduces 1-3. RealSlideshow Enabling a New Market for Broadcasting Digital RealNetworks Press Release, "Sony Music Online Unveils the Beta Pictures Over the Internet," Jun. 29, 1999, pp. 1-3. Release of the Jukebox, The Internet's First Pay-Per-Listen Appli­ RealNetworks Press Release, "Corbis Joins Forces with cation," Nov. 2, 1998, pp. 1-2. RealNetworks to Provide Digital Pictures to RealSlideshow Users," RealNetworks Press Release, "Excite and RealNetworks Team to Jun. 29, 1999, pp. 1-3. Create First Integrated Streaming Media Search System," Nov. 23, RealNetworks Press Release, "WebTV Networks and 1998, pp. 1-2. 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Kenyon & Kenyon LLP, Comments of Requester, Volkswagen Sony VAIO Notebook Computer User Guide PCG-838, 1999, pp. Group of America, Inc., Pursuant to 37 C.F.R. 1.947 mailed Dec. 20, 1-121. 2010 in U.S. Patent Reexamination No. 95/001,233 (merged with Sony Service Manual PCG-731/735/737, 1997, pp. 1-22. 90/010,333 and 95/001,264), with Claims Charts (pp. 1-80) and Sony Service Manual PCG-723/729, 1998, pp. 1-22. Exhibits 1-11. Boehlart, "Artists to Napster: Drop Dead" Salon.com, Mar. 24, Declaration of Scott Andrews Under 37 C.F.R. 1.132 with Exhibits 2000. 3 pages. A-C, submitted with Comments of Requester, Volkswagen Group of Sony Service Manual PCG-812/818, 1998, pp. 1-22. America, Inc., Pursuant to 37 CFR 1.947, mailed Dec. 20, 2010, in Sony Service Manual PCG-838, 1999, pp. 1-22. U.S. Patent Reexamination No. 95/001,233. "Digital Download Provider Musicmaker.com Partners With Down­ Sony Corporation, Sony Portable MiniDisc Recorder MZ-R90/MZ­ load Directory Listen.com; Offers Nearly 100,000 Downloadable R9 l Operating Instructions, Doc. No. 3-867-571-22(1), 1999, pp. Tracks Via the Online Directory," PR Newswire, Sep. 15, 1999, pp. 1-55. 1-3. Empeg Car User Guide, 1999, pp. 1-19. MP3.com prospectus, Jul. 21, 1999, pp. 1-81. Ana Orubeondo, "Trim AirCard 300 Eases Power Demands," Empeg Car User Guide (2000) pp. 1-48. InfoWorld, vol. 21, Issue 48. Nov. 29, 1999. p. 46 & 50. Crowe, Mike. Empeg Car Beta lOa, Mar. 25, 2000, 3 pages. "Net Music Firms to Tap Public Market," Billboard. Jul. 17, 1999. Emplode Help, (date unknown, contended by defendant Apple pp. 1-2. Corp. to be prior art under one or more of 35 U.S.C. 102 (a), (b), "Cellular for Notebook PCs." CIO Vo .. 13, No. 1. Oct. 1, 1999, p. (f) and (g)) 25 pages. 90. "MP3 Portable Player Goes Elite" The Mac Observer, Nov. 17, "Briefs," Network World. vol. 16, No. 24. Aug. 23, 1999, p. 27. 1999, 3 pages. The MusicMatch.com website (date unknown, contended by defen­ "MP3 in Your Car Has Arrived" (date unknown, contended by dant Apple Corp. to be prior art under one or more of 35 U.S.C. 102 defendant Apple Corp. to be prior art under one or more of 35 (a), (b ), (f) and (g)) 32 pages. U.S.C. 102 (a), (b ), (f) and (9)) 1 page. The MusicMaker.com website (date unknown, contended by defen­ Photos from Comdex Fall 1999, Nov. 1999, 9 pages. dant Apple Corp. to be prior art under one or more of 35 U.S.C. 102 Photos from LinuxWorld Expo, Winter 1999, Mar. 1-4, 1999, 22 (a), (b), (f) and (g)), 10 pages. pages. Qualcomm QCP-1960 User Manual. Apr. 1999, pp. 1-76. Craig Knudsen, "MP3 Linux Players," Linux Journal, Jul. 1, 1999, Samsung SCH-3500 User Manual. 1999, pp. 1-108. pp. 1-3. Motorola Digital StarTAC User Guide. Mar. 1999, pp. 1-118. riocar.org-Empeg Car History, (date unknown, contended by Nokia 9110 Quick Guide/Accessories Guide. 1999, pp. 1-31. defendant Apple Corp. to be prior art under one or more of 35 "MP3.com and i-drive.com Join Forces to Store and Manage MP3 U.S.C. 102 (a), (b ), (f) and (g)), 4 pages. Files," Business Wire, Oct. 7, 1999, pp. 1-3. "Visteon: For Your Listening Pleasure-Any Music, Any Time, Nomad User Guide, Jun. 1999, pp. 1-34. Anywhere," Presswire, Jan. 5, 2000, 1 page. Nomad II Getting Started Manual, Jan. 2000, pp. 1-38. Photographs in email to Hugo Fiennes, Sep. 22, 1999, 4 pages. GSM 03.64 version 6.2.0 Release 1997, European Telecommuni­ HP Jornada 420 User's Manual, 1999, pp. 1-142. cations Standards Institute, 1999, pp. 1-42. IEEE Standard 802.llb, 1999 Edition (Wireless LAN Medium The i-Drive.com website (date unknown, contended by defendant Access Control and Physical Layer Specifications: Higher-Speed Apple Corp. to be prior art under one or more of35 U.S.C. 102 (a), Physical Layer Extension in the 2.4 GHz Band) Sep. 16, 1999, 96 (b ), (f) and (g)) 6 pages. pages. GSM 03.64 version 7.0.0 Release 1997, European Telecommuni­ RealPlayer Plus G2 Manual, 1999, pp. 1-81. cations Standards Institute, 1999, pp. 1-42. IEEE Standard 802.lla, 1999 Edition (Wireless LAN Medium Riocar.org, "rio car dot org Geek Guide," empeg car Mk.I, Jul. 16, Access Control and Physical Layer Specifications: High-Speed 2010, 4 pages. Physical Layer in the 50Hz Band), 1999, 91 pages. The MP3 .com website (date unknown, contended by defendant Rod Underhill & Nat Gertler, "The Complete Idiot's Guide to MP3: Apple Corp. to be prior art under one or more of35 U.S.C. 102 (a), Music on the Internet," 1999, 44 pages. (b ), (f) and (g)) Screenshots from MP3.com website (date unknown, Bill Mann, "I Want My MP3! How to Download, Rip, & Play contended by defendant Apple Corp. to be prior art under one or Digital Music," McGraw-Hill 2000, 175 pages. more of 35 U.S.C. 102 (a), (b), (f) and (g)), 8 pages. IEEE Standard 802.11, 1997 Edition (Wireless LAN Medium MP3.com and i-drive.com Join Forces to Store and Manage MP3 Access Control and Physical Layer Specifications), 1997, pp. 1-145. Files, Business Wire, Oct. 7, 1999, pp. 1-3. Rio 600 User Guide, Mar. 2001, pp. 1-38. The EMusic.com website (formerly www.goodnoise.com) (date IBM Wireless Modem for Cellular/CDPD-Quick Reference, Oct. unknown, contended by defendant Apple Corp. to be prior art under 1995, pp. 1-20. one or more of 35 U.S.C. 102 (a), (b), (f) and (g)) 2 pages. Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 73 of 93

US 9,444,868 B2 Page 17

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Apple Corp. to be prior art under one or more of 35 U.S.C. 102 (a), Samsung Electronics Co., Ltd; Samsung Electronics America, Inc.; (b ), (f) and (g)) 1 page. Samsung Telecommunications America, LLC, Petitioners v. Affinity Myplay.com Launches Today, PR Newswire. Oct. 13, 1999, pp. 1-2. Labs of Texas, LLC, Patent Owner, "Corrected Petition for Inter Myplay, Inc. Launches Consumer Online. Music Service, PR Partes Review of U.S. Pat. No. 8,532,641*," Case IPR2014-01182 Newswire, Oct. 13, 1999, pp. 1-3. U.S. Pat. No. 8,532,641, Aug. 12, 2014, 69 pages. Empeg.com, "Does Your Car Stereo Run Linux," (date unknown, Samsung Electronics Co., Ltd; Samsung Electronics America, Inc.; contended by defendant Apple Corp. to be prior art under one or Samsung Telecommunications America, LLC, Petitioners v. Affinity more of 35 U.S.C. 102 (a), (b), (f) and (g)), 2 pages. Labs of Texas, LLC, Patent Owner, "Corrected Petition for Inter TIA/EIA Interim Standard, Cellular Digital Packet Data, System Partes Review of U.S. Pat. No. 8,532,641*," Case IPR2014-01184 Specification-Part 403, Mobile Data Link Protocol, Telecommu­ U.S. Pat. No. 8,532,641, Aug. 12, 2014, 69 pages. nications Industry Association. Dec. 1997, 83 pages. Samsung Electronics Co., Ltd. and Samsung Electronics America, "The Listen Up Player from Audio Highway" 1996. 1 page. Inc.; Samsung Telecommunications America, LLC, Petitioners v. "Audio Highway Announces the Listen Up Player," Audio Highway Affinity Labs of Texas, LLC, Patent Owner "Corrected Petition for Press Release, Sep. 23, 1996, 2 pages. Inter Partes Review of U.S. Pat. No. 8,532,641*," Case IPR2014- MPMan F-10 and F-20 digital audio players and review article 01184 U.S. Pat. No. 8,532,641, Aug. 12, 2014, 68 pages. "MP3 Player Saehan MPMan F20 Review", X-bit labs, Jul. 14, Samsung Electronics Co., Ltd. and Samsung Electronics America, 1999. 6 pages. Inc., Petitioners, v. Affinity Labs of Texas, LLC, Patent Owner, Menta, "RIAA Sues Music Startup Napster for $20 Billion" "Corrected Petition for Inter Partes Review of U.S. Pat. No. Newswire, Jan. 11, 2000, 4 pages. 8,532,641 *,"Case IPR2015-00820 U.S. Pat. No. 8,532,641, Mar. Cai, Jian, et al., "General Packet Radio Service in GSM," IEEE 20, 2015, 71 pages. Communications Magazine, Oct. 1997. RealNetworks, "RealPlayer Plus G2 Manual," Copyright 1998- Petitioners: Samsung Electronics Co., Ltd.; Samsung Electronics 1999. America, Inc.; Inventors: Russell W. White, Kevin R. Imes, "Peti­ Rathbone, Andy, "MP3 for Dununies," IDG Books Worldwide, tion for Inter Partes Review of U.S. Pat. No. 8,532,641," Feb. 27, Copyright 1999. 2015, 13 pages. Affinity Labs of Texas, LLC v. BMW North America, LLC, et al., Samsung Electronics Co., Ltd, Samsung Electronics America, Inc., C.A. No. 9:08CV164 and Affinity Labs of Texas, LLC v. Alpine 1 HTC Corp., and HTC America, Inc., Petitioner, v. Affinity Labs of Electronics of America, Inc., et al., C.A. No. 9:08CV171, Eastern Texas, LLC, Patent Owner, "Final Written Decision 35 U.S.C. § District of Texas, Order Construing Claim Terms of U.S. Pat. No. 318(a) and 37 C.F.R. § 42.73," Case IPR2014-00209 U.S. Pat. No. 7,324,833, Dec. 18, 2009, pp. 1-31. 7,953,390 B2, May 13, 2015, 20 pages. Exhibit B to Third Party Requester's Comments to Patent Owner's Samsung Electronics Co., Ltd; Samsung Electronics America, Inc.; 1 Supplemental Reply of Jul. 26, 2010 filed Aug. 25, 2010 in HTC Corp., and HTC America, Inc., Petitioners, v. Affinity Labs of Reexamination No. 95/001,262 (Declaration of Dr. Bruce Maggs Texas, LLC, Patent Owner, "Final Written Decision 35 U.S.C. § dated Aug. 25, 2010). 318(a) and 37 C.F.R. § 517 42.73," Case IPR2014-004072 U.S. Pat. Exhibit A to Third Party Requester's Comments to Patent Owner's No. 8,359,007 B2, Jul. 20, 2015, 24 pages. Reply of Sep. 9, 2010 filed Oct. 12, 2010 in Reexamination No. Samsung Electronics Co., Ltd. and Samsung Electronics America, 951001,263 (Declaration of Dr. Bruce Maggs dated Oct. 12, 2010). Inc., Petitioner, v. Affinity Labs of Texas, LLC, Patent Owner, Nokia, "Quick Guide-Accessories Guide," Copyright 1999. "Decision Denying Petitioner's Motion for Joinder 37 C.F.R. § U.S. Appl. No. 60/167,179, filed Nov. 23, 1999. 42.122 Denying Institution of Inter Partes Review 37 C.F.R. § U.S. Appl. No. 09/234,259, filed Jan. 20, 1999. 42.108," Case IPR2015-00820 U.S. Pat. No. 8,532,641 B2, May 15, U.S. Appl. No. 10/947,755, filed Sep. 23, 2004. "Philips PSA [128MAX," PC Authority Reviews, May 1, 2003, 1 2015, 6 pages. pg. Samsung Electronics Co., Ltd. and Samsung Electronics America, "Targa TMU-401," PC Authority Reviews, Oct. 8, 2003, 1 pg. Inc., Petitioner, v. Affinity Labs of Texas, LLC, Patent Owner, "Targa TMU-604," PC Authority Reviews, Oct. 8, 2003, 1 pg. "Decision Denying Petitioner's Motion for Joinder 37 C.F.R. § M. Krebs, Cars That Tell You Where to Go, The New York Times, 42.122 Denying Institution of Inter Partes Review 37 C.F.R. § Dec. 15, 1996, section 11, p. 1. 42.108," Case IPR2015-00821 U.S. Pat. No. 8,532,641 B2, May 15, Affinity Labs of Texas, LLC (Plaintiff) v. BMW North America, LLC, 2015, 6 pages. et al. (Defendants), Civil Action No. 9:08CV164 and Affinity Labs Samsung Electronics Co., Ltd and Samsung Electronics America, of Texas LLC (Plaintiff) v. Alpine Electronics ofAmerica Inc., et al. Inc., 1 Petitioner, v. Affinity Labs of Texas, LLC, Patent Owner, Stephen Baker, "Listening to Internet Radio-on Your Cell Phone," "Final Written Decision 35 U.S.C. § 318 and 37 C.F.R. § 42.73," Business Week, Nov. 3, 1999, pp. 1-2. Case PR2014-01181 U.S. Pat. No. 8,532,641 B2, Jan. 28, 2016, 65 Braunstein, J., "Airbag Technology Takes Off," Automotive & pages. Transportation Interiors, Aug. 1996, p. 16. Samsung Electronics Co., Ltd and Samsung Electronics America, Adcock, I., "No Longer Square," Automotive & Transportation Inc., 1 Petitioner, v. Affinity Labs of Texas, LLC, Patent Owner, Interiors, Aug. 1996, pp. 38-40. "Final Written Decision 35 U.S.C. § 318 and 37 C.F.R. § 42.73," Samsung, LG and HTC, Petitioner v. Russell W White and Kevin R. Case IPR2014-01181 U.S. Pat. No. 8,532,641 B2, Jan. 28, 2016, 65 Imes, Patent Owner, "Corrected Petition for Inter Partes Review of pages. U.S. Pat. No. 7,953,390*," Case IPR2014-00209, U.S. Pat. No. US. District Court for the Western District of Texas, Affinity Labs 7,953,390, Dec. 12, 2013, 67 pages. of Texas, LLC, Plaintiff v. DirecTV, LLC, DirecTV Digital LLC, et Samsung, LG and HTC, Petitioner v. Russell W White and Kevin R. al., Defendants, "Order," Civil Action No. W:l5-cv-030, Filed Jul. Imes, Patent Owner, "Corrected Petition for Inter Partes Review of 7, 2015, 24 pages. Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 74 of 93

US 9,444,868 B2 Page 18

(56) References Cited U.S. Patent and Trademark Office, Notice of Intent to Issue Reex­ amination Certificate mailed May 4, 2015 in Reexamination Control OTHER PUBLICATIONS No. 951001,263, 4 pages. U.S. Patent and Trademark Office, Reexamination Certificate issued US. District Court for the Western District of Texas, Affinity Labs May 26, 2015 in Reexamination Control No. 95/001,263, U.S. Pat. of Texas, LLC, Plaintiff v. Amazon.com, Inc.; Amazon Digital No. 7,486,926 Cl. Services, Inc., Defendants, "Order," Civil Action No. W: 15-cv-029, Filed Sep. 23, 2015, 12 pages. U.S. Patent and Trademark Office, Decision on Appeal mailed Nov. US. District Court for the Western District of Texas, Affinity Labs 25, 2014 in Reexamination Control No. 95/001,782, 10 pages. of Texas, LLC, Plaintiff v. DirecTV, LLC, DirecTV Digital LLC, et U.S. Patent and Trademark Office, Notice of Intent to Issue Reex­ al., Defendants, "Report and Recommendation of the United States amination Certificate mailed Feb. 18, 2015 in Reexamination Con­ Magistrate Judge," Civil Action No. 6:15-cv-030-WSS-JCM, Filed trol No. 95/001,782, 9 pages. Jun. 2, 2015, 32 pages. U.S. Patent and Trademark Office, Reexamination Certificate issued US. District Court for the Western District of Texas, Affinity Labs May 13, 2015 in Reexamination Control No. 95/001,782, U.S. Pat. of Texas, LLC, Plaintiff v. Amazon.com, Inc.; Amazon Digital No. 7,778,595 Cl. Services, Inc., Defendants, "Report and Recommendation of the U.S. Patent and Trademark Office, Notice of Intent to Issue Reex­ United States Magistrate Judge," Civil Action No. 6:15-cv-029- amination Certificate mailed May 21, 2014 in Reexamination Con­ WSS-JCM, Filed Jun. 12, 2015, 30 pages. trol No. 90/011,982, 4 pages. U.S. Patent and Trademark Office, Final Office Action mailed Nov. U.S. Patent and Trademark Office, Reexamination Certificate 27, 2015, with Reply to Final Office Action filed on Jan. 26, 2016, mailed Jun. 10, 2014 in Reexamination Control No. 90/011,982, Advisory Action mailed Mar. 1, 2016, and Request for Continued U.S. Pat. No. 7,634,228 Cl. Examination filed Mar. 23, 2016, in U.S. Appl. No. 14/261,958. U.S. Patent and Trademark Office, Notice of Intent to Issue Reex­ U.S. Patent and Trademark Office, Office Action mailed Nov. 27, amination Certificate mailed Jul. 29, 2015 in Reexamination Con­ 2015, with Reply to Office Action filed on Mar. 28, 2016, in U.S. trol No. 95/001,262, 13 pages. Appl. No. 14/096,339. U.S. Patent and Trademark Office, Reexamination Certificate issued U.S. Patent and Trademark Office, Decision on Appeal mailed Jun. Sep. 21, 2015 in Reexamination Control No. 95/001,262, U.S. Pat. 30, 2015 in Reexamination Control No. 90/010,333, 13 pages. No. 7,187,947 Cl,13 pages. U.S. Patent and Trademark Office, Decision on Appeal mailed Aug. Real Networks, "Real System Production Guide, Release 8," 1998- 26, 2015 in Reexamination Control No. 95/001,223, 12 pages. 2000, 260 pages. U.S. Patent and Trademark Office, Decision on Appeal mailed Aug. 26, 2015 in Reexamination Control No. 90/001,226, 13 pages. * cited by examiner Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 75 of 93

U.S. Patent Sep.13,2016 Sheet 1 of 8 US 9,444,868 B2

103 100~ Electronic Device

101 10_2 ____~ Digital Communication Engine Engine

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U.S. Patent Sep.13,2016 Sheet 2 of 8 US 9,444,868 B2

200 \ (Begin) 201, ! Present Access Selectable Information Via Information Network Browser 202, ! Receive User Select Information Input 203, ! Maintain Information Store Reference 204, ! Initiate Communication of Communicate Information Off-line 205, ! ( End )

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FIG. 3 Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 77 of 93

e• 00 • 400~ ~402 ~ ~ ~ File Edit View Go Options Help ~ =~ ¢:::l q ® ~ L3 ® I /403 1J1 ('D Bookmarks Netsite: IHttp://www.celecast.com/ I '?.... ~(.H WEBCASTING GOES WIRELESS N 401~ «"cififrast.com 0.... 405 r-406 r-407 r-408 r-409 O'I CONTESTS ~I Log 1n User name 1J1 Password I 1 ('D=­ '410 ® THE RADIO DIAL ® ('D...... (.H TOR Ten Lists 412~ 0...... Search Engine ® I STATION 01 I ® QO Select a Device ~LUME $ STATION User Selected BarryWhile·s Program Button t ( 1 05 Send a Friend (411 Search for New Playlist Tunes Delete Selection a Join a GrouR 02 ( Net Radio ) t ( www.kirw.com) 06 Email d 03 ( Top 10 List ) j ( 93.7 KCEL ) 07 rJl Guest DJav ! 0 \C 413 04 I Group Playlist n ( NetPhone ) 08 ~ ~ ~ Oo 0--, FIG.4 00 =N Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 78 of 93

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e• 00 • ~ 701 ~ ~ Voice Mail Message ~ Left for User =~ 702 711 1J1 User Requests ('D Message Stored Yes l '? Voice Email .... (.H as Audio File ~ Message N 0.... 703 712 O'I I I I Electronic Mail User Receives Wireless Voice Mail Message Generated Signal Indicating Receipt Message Sent 1J1 of Voice Mail Message I ('D=- ('D..... 704 707 O'I 0..... Audio File Attached QO to Electronic Mail Send Signal Message to Wireless Device 705 d Send Electronic No rJl Mail Message \C ~ ~ ~ Oo 0--, FIG. 7 00 =N Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 81 of 93

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US 9,444,868 B2 1 2 SYSTEM TO COMMUNICATE MEDIA IBOC technology may offer some advantages over L-Band transmissions. For example, there may be no need This application is a continuation of U.S. patent applica­ for new spectruni allocations. There may be backward and tion Ser. No. 14/168,201, filed Jan. 30, 2014, which is a forward compatibility with existing AM and FM systems on continuation of U.S. patent application Ser. No. 13/854,232, both the transmitter and receiver sides, and there may be a filed Apr. 1, 2013, now U.S. Pat. No. 8,688,085, issued Apr. low-investment upgrade to digital systems. Unfortunately, a 1, 2014, which is a continuation of U.S. patent application workable IBOC solution is yet to be seen though technology Ser. No. 13/117,507, filed May 27, 2011, now U.S. Pat. No. may someday make IBOC digital radio commercially pos­ 8,521,140, issued Aug. 27, 2013, which is a continuation of sible. U.S. patent application Ser. No. 12/495,190, filed on Jun. 30, 10 Even if an IBOC solution becomes commercially avail­ 2009, now U.S. Pat. No. 7,953,390, issued on May 31, 2011, able in the United States, IBOC digital radio may suffer from which is a continuation of U.S. patent application Ser. No. several shortcomings. For example, there may global stan­ 12/015,320, filed Jan. 16, 2008, now U.S. Pat. No. 7,778, dardization problems. Though the United States favors 595, issued on Aug. 17, 2010, which is a continuation of IBOC, the European and Canadian communities seem to U.S. patent application Ser. No. 10/947,755, filed on Sep. 15 favor L-Band making the establishment of a global standard 23, 2004, now U.S. Pat. No. 7,324,833, issued on Jan. 29, difficult. 2008, which is a continuation of U.S. patent application Ser. No. 09/537,812, filed on Mar. 28, 2000, now U.S. Pat. No. BRIEF DESCRIPTION OF THE DRAWINGS 7,187,947, issued on Mar. 6, 2007, the disclosures of which are all hereby incorporated herein by reference in their 20 A more complete understanding of the present embodi­ entirety for all purposes. ments and advantages thereof may be acquired by referring to the following description taken in conjunction with the FIELD OF THE DISCLOSURE accompanying drawings, in which like reference numbers indicate like features, and wherein: The present disclosure relates to digitally stored content 25 FIG. 1 depicts a general system for wirelessly communi­ and, more specifically, to a content delivery system and cating selective information to an electronic device in accor­ method. dance with one aspect of the present invention; FIG. 2 illustrates a block diagram of a method of wire­ BACKGROUND lessly communicating selected information to an electronic 30 device; The first commercial radio stations in the United States FIG. 3 illustrates an electronic device operable to receive began operation around 1920. Today, there may be as many selected audio information in accordance with the teachings as 12,000 radio stations in the United States programming in of the present invention; several distinct formats. When broadcasting their respective FIG. 4 illustrates a graphical user interface (GUI) for signals, these radio stations often use an analog signal, 35 displaying selectable audio information according to one which may be modulated based on frequency or amplitude. aspect of the present invention; Frequency modulated (FM) radio appears to be the dominant FIG. SA illustrates a portable radio system having a mount entertainment medium while amplitude modulated (AM) for an electronic device according to one embodiment of the radio seems to be a popular outlet for news and information. present invention; Unfortunately, analog radio may be unable to provide the 40 FIG. SB illustrates an automobile console having a mount sound quality and consistency that radio listeners desire. As for coupling an electronic device according to one aspect of such, several broadcasting related companies have begun to the present invention; consider a movement to digital radio. Unlike analog radio FIG. 6 illustrates a block diagram of a system for com­ reception, digital radio reception may be able to provide municating voice mail messages using email according to compact disk (CD) quality sound while remaining virtually 45 one embodiment of the present invention; immune to interference. Being immune to interference may FIG. 7 illustrates a flow chart for providing voice email result in reducing static growls or "multipath" echoes, messages according to one embodiment of the present echoes caused by signal reflections off buildings or topo­ invention; graphical features. FIG. 8 illustrates a flow diagram of a method for provid­ Some countries, like Canada and many European coun- 50 ing selected audio information to an electronic device tries, may choose to have digital radio operate in a single according to one embodiment of the present invention; and digital radio band such as the L-band between 1452-1492 FIG. 9 illustrates an automobile console having a mount megahertz (MHz). This band would allow the reception of for an electronic device according to one embodiment of the both terrestrially and satellite-originated signals. By com­ present invention. parison, FM radio typically operates between 88 and 108 55 MHz while AM radio typically operates between 0.525 and DETAILED DESCRIPTION 1.705 MHz. Neither of these bands allows for easy trans­ mission via satellite. The conceptual groundwork for the present invention Canada proposed using the L-Band for digital radio as includes wirelessly communicating selective information to early as 1992. Several countries throughout the world have 60 an electronic device. According to one aspect, a user may since agreed to use the L-Band for digital radio with one interact with the Internet to select information, such as audio notable exception. It appears the United States has chosen information, and wirelessly communicate the selected infor­ not to operate its digital radio within the L-Band. In the mation to an electronic device. The electronic device United States, the L-Band may already be committed for receives the information via a wireless communications military uses. Apparently, the United States plans to adopt a 65 network and processes the information accordingly. In a system called in-band on-channel, or IBOC, which fits particularized form, a user may select information from an within the AM and FM frequencies. Internet website operable to allow selectivity of audio infor- Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 84 of 93

US 9,444,868 B2 3 4 mation such as songs, on-line radio stations, on-line broad­ thereby providing wireless communication of selected infor­ casts, streaming audio, or other selectable information. mation to an electronic device operable to receive wireless Upon selecting the audio information, information or data communications. In one embodiment, digital engine 101 associated with the selected audio information is wirelessly may be used in association with an Internet website config­ communicated to an electronic device. The electronic device ured to provide access to selectable information. The Inter­ may then be used to process the selected audio information. net website operably associated with digital engine 101 In this manner, a user may receive selective audio informa­ allows a user to select information to be wirelessly commu­ tion via a wireless electronic device. nicated to electronic device 101 utilizing a network envi­ In one form, the electronic device may be operable to ronment. The Internet website may include several different communicate with an individual's automobile audio system. 10 types of information related to audio information. A user may select audio information utilizing a personal FIG. 4, described in greater detail below, illustrates one computer with access to a website operable to display embodiment of providing an Internet website for displaying selectable audio information. The selected audio informa­ selectable audio information. For example, the Internet tion may then be wirelessly communicated to the electronic website may include music and/or artist search engines, device associated with an automobile's audio system. There­ 15 playlists, top 10 charts, artists by genre, and other informa­ fore, upon receiving the selected audio information, a user tion associated with audio information. A user may select may access and play the received audio information utilizing information associated with the audio information and digi­ the electronic device in association with the automobile's tal engine 101 can maintain the information or data associ­ audio system. ated with the selected information in a digital format. The present invention is not limited to communicating 20 Communications engine 102 coupled to digital engine 101 only audio information. One skilled in the art can appreciate may wirelessly communicate data associated with the that other types of information, such as video, textual, etc. selected audio information to electronic device 103. There­ may be communicated utilizing the systems and methods fore, a user may access and select audio information via an disclosed herein without departing from the spirit and scope Internet website and wirelessly communicate the data to an of the present invention. Additionally, it will be understood 25 electronic device. As such, system 100 advantageously that information may be formatted in a plurality of ways at allows for wireless communication of selected audio infor- different phases of communication without loosing the mation to electronic devices that may be remotely located underlying content of the selected information. For example, from a conventional terrestrial communication network. an audio file may be formatted, segmented, compressed, Electronic device 105 may be configured in a plurality of modified, etc. for the purpose of providing or communicat- 30 ways for receiving wireless communication of selected ing the audio invention. Therefore, the term "audio infor­ audio information. In one embodiment, electronic device mation" or "information" is used in a general sense to relate 105 may be operable as a component configured to receive to audio information in all phases of communication. a cellular signal comprising the selected information com­ FIG. 1 depicts a general system for wirelessly communi­ municated by the communication engine. For example, a cating selective information to an electronic device in accor- 35 device having a cellular modem may be operable to receive dance with one aspect of the present invention. The system, the information at specified intervals. Upon receiving the illustrated generally at 100, includes a digital engine 101 information the electronic device may process the received coupled to a communications engine 102. Communications information. Electronic devices are described in more detail engine 102 is remotely coupled to an electronic device 103. below and may include a network radio, a modular device, Digital engine 101 may be directly or indirectly coupled to 40 an audio system, a personal digital assistant (PDA), a storage device 105 operable to store information. Digital cellular phone, or other electronic devices operable to engine 101 maintains information or data associated with receive information wirelessly communicated by communi­ selected information in a digital format. The information cation engine 102. may be stored within storage device 105 or other storage Communications engine 102 may be operable to wire­ devices operable to maintain data or information associated 45 lessly communicate selected information to electronic with the selected information. device 103 in a plurality of ways. The present invention Communications engine 102 is communicatively coupled advantageously allows for several different embodiments of to digital engine 101 and operable to wirelessly communi­ wirelessly communicating selected audio information to cate the selected information to electronic device 103. electronic device 103 and is not limited to any specific During operation, audio information may be selected by a 50 configuration described below. Several different types or user utilizing a personal computer or other devices operable combinations of wireless communication may be realized by to communicate with an information network. Digital engine the present invention. Communications engine 102 may be 101 is operable to maintain information associated with the operable to wirelessly communicate the selected informa­ selected audio information. For example, the information tion from an information network, such as the Internet, to an could be several songs or titles configured as an audio file 55 electronic device operable to receive wireless communica­ and formatted in a digital format such as an MP3 file, wave tions. In one embodiment, communications engine 102 may file, etc. The maintained information may also be a reference comprise a conduit to interface information with a wireless to a network location where an audio file may be stored, a communication network. The conduit may configure the network location where a network broadcast of audio infor­ information located within the information network into a mation may be located, etc. or other network locations 60 format operable to be transmitted via wireless communica­ having information associated with the selected audio infor­ tion. mation. Therefore, digital engine 101 may maintain a plu­ For example, a wireless device may be operable to receive rality of different types of information or data associated packets of information having a specific size and in a with the selected audio information. specific format. In such an embodiment, communications System 100, utilizing communication engine 102, may 65 engine 102 could format the information into a desirable wirelessly communicate data or information associated with format for wirelessly communicating the information to the selected audio information to electronic device 103 electronic device 103. Several types of wireless communi- Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 85 of 93

US 9,444,868 B2 5 6 cation may be used by communications engine 102 to speed due to the extended amount of time available prior to communicate the selected information to an electronic actual use of the selected audio information. In this manner, device. Communications networks such as GSM, Digital communications networks having less or slower transfer Satellite communication, SB, Radio bands, DRC, Super­ rates may be used to wirelessly communicate the selected DRC or other systems or types of transmission such as audio information to the electronic device. TDMA, CDMA, spread spectrum, etc. or frequencies such In another embodiment, high-speed wireless communica­ as between about 1.7 GHz and 2.0 GHz may be realized by tion networks may be used to communicate the selected the present invention for communicating information or data audio information. For example, a user may want to listen to representing the selected audio information to electronic an Internet broadcast of an Internet radio station. Therefore, device 103. 10 high-speed communication may be required to wirelessly In one embodiment, the selective information may be communicate or stream the selected audio information to an communicated using a digital broadcast signal. Digital electronic device. In another embodiment, a hybrid of wire­ broadcast includes providing information via a signal such less communication rates may be deployed depending on the as AM, FM, and the like. Digital information may be requirements of the selected audio information and/or the included or encoded as a sub-carrier within the broadcast 15 electronic device. For example, the selected audio informa­ signal and received by electronic device 103. A digital tion may first be transmitted to the electronic device via sub-carrier may include a selective bandwidth of frequencies high-speed communication until enough information has for a specific radio station (i.e., 6 MHz for FM). The been wirelessly communicated and buffered into a memory selective information may be wirelessly communicated to device operably associated with the electronic device. Upon electronic device 103 utilizing a communication engine 102 20 communication of a certain percentage of the selected audio operable to communicate the selective information via a information, slower communication speeds may then be digital FM signal. In this manner, selective information may used to communicate additional selected audio information. be communicated within digital FM sub-carriers to an Therefore, system 100 may be configured in a plurality of electronic device operable to receive the information. For ways to communicate selected information to electronic example, a user may subscribe to communicate the infor­ 25 device 103. Digital engine 101 may be used to maintain data mation via an FM sub-carrier and receive the selective data or information associated with the selected information and through wireless communication via a specified FM sub­ communication engine 102, communicatively coupled to carner. digital engine 101, may wirelessly communicate selected In one embodiment, the selected information may be information to electronic device 103. formatted and transmitted to achieve a desirable transmis- 30 FIG. 2 illustrates a block diagram of a method of wire- sion rate. For example, conventional systems may transmit lessly communicating selected information to an electronic information at a speed of 10 kilobits per second. Therefore, device. The method may be used in association with the for 1 megabyte of information to be communicated to an system illustrated in FIG. 1 or other systems operable to electronic device, a transmission time of approximately 800 utilize the method of FIG. 2. seconds may be required. The present invention may allow 35 The method begins generally at step 200. At step 201, for a relative increase in transmission speed by removing the selectable audio information may be accessed utilizing a requirement that information be communicated asynchro­ network communications device. For example, selectable nously to an electronic device. For example, conventional audio information may be displayed at an Internet website wireless communication utilizes a specified frequency to accessible by a personal computer. In another embodiment, communicate information in two directions (i.e., cellular 40 the selectable information may be accessed utilizing a phones). As such, information is communicated across a wireless communications device such as, a cellular phone, a channel in an asynchronous manner to provide a continuous PDA device, or other devices operable to provide access to audio signal to the recipient. the selectable audio information. The present invention advantageously allows for signals Upon accessing the selectable information, the method to be transmitted to an electronic device in a less than 45 proceeds to step 202 where a user can identify or select asynchronous manner. For example, if a user selected a song audio information to be wirelessly communicated to an to be wirelessly communicated to an electronic device, electronic device. For example, a user may select an entire system 100 could communicate the information in a less album to be wirelessly communicated to a PDA device. than asynchronous manner allowing the selected informa­ Upon the user selecting the audio information, the method tion to be transmitted efficiently thereby decreasing the 50 proceeds to step 203 where the method maintains informa­ overall download time for the selected audio information. In tion associated with the selected information. In one one embodiment, the selected information may be com­ embodiment, the information may be an audio file, such as pressed and transmitted across the same frequency but at a wave file, and MP3 file, etc. representative of the selected different phases thereby allowing plural signals having dif­ audio information. In another embodiment, a network loca- ferent phases to be wirelessly communicated to an electronic 55 tion that comprises a file representing the selected informa­ device. Therefore, the electronic device may be operable to tion may be maintained. Another example may include a receive multiple phased signals and process the selective network location of a network broadcast of audio informa­ information accordingly. tion. Therefore, the method at step 203 may maintain several In one embodiment, the information may be wirelessly different types of information associated with the selected communicated at a relatively slow transmission rate. For 60 audio information. example, a user may schedule when the selected audio Upon maintaining information or data associated with the information may be used by electronic device 103. The user selected information, the method proceeds to step 204 where may select several different audio tracks or songs to be the method wirelessly communicates information associated transmitted to an electronic device associated with the user's with the selected information to an electronic device. For vehicle such that the user can listen to the user selected audio 65 example, if an audio file associated with the selected audio information during the drive home at the end of a workday. information was maintained, the method would communi­ Therefore, it may be desirable to utilize a slower transfer cate the audio file to the electronic device. In another Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 86 of 93

US 9,444,868 B2 7 8 embodiment, a link or network address broadcasting the storage medium 303 may be integrated into one communi­ selected audio information may be accessed and, at step 204, cation component or device operable as electronic device wirelessly communicated to an electronic device. In another 300. embodiment, a combination of different types of audio Processor 302 may be operable using software that may information may be wirelessly communicated to an elec­ be stored within storage medium 303. In one embodiment, tronic device. Upon transmitting the selected audio infor­ software upgrades may be communicated to electronic mation, the method proceeds to step 205 where the method device 300 via wireless communication allowing for effi­ ends. cient system upgrades for electronic device 300. Storage Selected audio information may be communicated in a medium 303 may include one or several different types of 10 storage devices. For example, storage medium 303 may plurality of ways as described above including communi­ include programmable gate arrays, ROM devices, RAM cating via a cellular communications network to an elec­ devices, EEPROMs, minidisks or other memory devices tronic device operable to receive cellularly-communicated operable to store information. signals. For example, the information may be selected from During use, electronic device 300 receives wireless com- a website operable to display selectable information. Upon 15 munications of selective information. The information may selecting the audio information, a data file representing the be transmitted via a wireless communications network and selected audio information may be wirelessly communicated received by electronic device 300 via transceiver 301. Trans­ to an electronic device thereby allowing a user to select ceiver 301 may be operable to convert the received wireless audio information via the Internet and wirelessly commu­ communication signal into a desirable format and store the nicate the information to an electronic device. 20 received information within storage medium 303. The In some embodiments, the wireless communication to an received information may then be processed by electronic electronic device may occur in an off-line environment. For device 300. example, a user may go "on-line" to access a website and In one embodiment, electronic device 300 may be oper­ select information and then go "off-line" or end the browsing able as an audio player configured to play digital represen­ session. The wireless communication may then occur while 25 tations of music. For example, electronic device 300 may the user is off-line thereby removing the confines of using an also include an MP3 player operable to process the received active or on-line browsing environment (i.e. Internet radio information into an audio signal. Therefore, electronic broadcast, streaming audio, etc.) for accessing selected device 300 may be used to receive wirelessly communicated information. Therefore, the method of FIG. 2 allows for MP3 audio files and play these files using an MP3 player information, such as audio information, to be communicated 30 when desired. In another embodiment, electronic device 300 from a network location such as a web site, to an electronic may be configured as a PDA wherein the PDA includes a device "via" wireless communication. The present invention web browser operable to wirelessly communicate with the advantageously allows users to access and download infor­ Internet. The PDA device may include a user interface mation accessible by a network location to an electronic allowing a user to select information to be wirelessly com­ device operable to receive wireless communications thereby 35 municated to electronic device 300. reducing the need for land lines, terrestrial communication By providing a website of selectable information, the networks, etc. for communicating selective information. PDA devices may provide an efficient embodiment for In one embodiment, the method of FIG. 2 may be electronic device 300 in that is allows a user to access and deployed in association with an Internet website operable to select information using a wireless communication network display selectable links for downloading information. The 40 and receive the selected information using the same or information may include audio information such as MP3s, different wireless communication network. In yet another streaming audio, streaming. Internet broadcasts, etc. are embodiment, electronic device 300 may be configured as a selectable by a user and operable to be wirelessly commu­ component operable to receive selective information via nicated to an electronic device. By providing a user with a wireless communication and communicate the information website of selectable audio information operable to be 45 to a second electronic device such as an automobile sound wireless communicated to an electronic device, a user may system, home stereo, etc. customize information communicated to an electronic For example, electronic device 300 may utilize trans­ device. In one embodiment, a user may communicate infor­ ceiver 301 to receive wirelessly communicated information. mation to an electronic device that may not be owned by the Electronic device 300 may then be coupled to an automobile user. For example the method of FIG. 2 could be modified 50 sound system using an interface and communicate the to allow a user to wirelessly communicate audio information received information to the automobile sound system. In this to a plurality of electronic devices that may or may not be manner, electronic device 300 may be used to provide the owned by the user. automobile sound system with audio files received via FIG. 3 illustrates an electronic device operable to receive wireless communication. selected audio information in accordance with the teachings 55 In another embodiment, electronic device 300 may be of the present invention. Electronic device 300 includes a operable to communicate the received audio information to communication module 301 such as a transceiver coupled to an audio system via a localized communications-signaling storage medium 303 such as a high speed buffer, program­ network. One such network may include utilizing "Blu­ mable memory, or other devices operable to store informa­ etooth" communication standard, used to provide commu- tion. Electronic device 300 may also include processor 302 60 nication between electronic devices in a proximal setting. In operably associated with communication module 301 and one embodiment, electronic device 300 may be integrated storage medium 303. Processor 302 may be operable to into an audio component such as a radio receiver. Electronic process wirelessly communicated selected information and device 300 integrated into an audio component may be in one embodiment may be integrated as part of communi­ configured to process digital audio files wirelessly commu- cation module 301 of storage medium 303. In the same 65 nicated to an audio component. In another embodiment, manner, as larger scale integration of electronic devices electronic device 300 may be operable to communicate with proliferate, communication module 301, processor 302, and an analog receiver at a predetermined frequency. Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 87 of 93

US 9,444,868 B2 9 10 For example, a specific frequency may be selected (i.e., utilizing the automobiles "audio system." Additionally, elec­ 93.7 MHz) for communicating the wireless received tronic device 300 may be operable to adjust the listening selected information from electronic device 300 to a local­ level of an automobile's audio system, it may play received ized audio system. Electronic device 300 communication of voice mail messages, allow a user to view the Internet, etc. the wirelessly received information allows a conventional In one embodiment, electronic device 300 may be operable receiver to receive the selected audio information. In one as a dual mode electronic device capable of receiving both embodiment, the conventional receiver may be configured to digital and analog wireless communication signals. In this receive a digital sub-carrier, on-carrier, or other within a manner, electronic devices may efficiently utilize available specified frequency. Therefore, electronic device 300 may bandwidth for receiving selected information from a com- be operable to locally transmit the signal at a specific 10 munications engine. For example, transceiver 301 may be a frequency thereby allowing the conventional receiver to wireless communications modem operable to receive digital receive the information. In another embodiment, electronic or analog signals. device 300 may be operable to scan plural bandwidths to FIG. 4 illustrates a graphical user interface (GUI) for receive the selective information. For example, transceiver displaying selectable audio information according to one 301 may be operable to receive selective information across 15 aspect of the present invention. The GUI may be operable several frequencies and process the received information with a computer system, cellular device, PDA, or other accordingly. electronic devices or systems operable to display the GUI of In another embodiment, electronic device 300 may be FIG. 4. The GUI, shown generally at 400, may be displayed operable to scan several frequencies to obtain the desirable using a conventional web browser 402 such as Microsoft® information. For example, a user may select several Internet 20 Internet Explorer, a WAP browser, or other browsers oper­ broadcasts comprised of streaming audio information. able to display the audio information. Browser 402 includes Therefore, the information may be transmitted across sev­ browser functions, shown collectively at 403, for navigating eral wireless frequencies receivable by electronic device a network such as the Internet or an intranet. Homepage 401 300. Electronic device 300 may then be operable to allow a may be displayed using browser 402 and may include user to scan wirelessly communicated Internet broadcast 25 several functions, features, information, etc. related to audio signals thereby providing a user selected virtual broadcast information. Home page 401 may be developed using sev­ radio network. In another embodiment, electronic device eral different types of programming (i.e., HTML, XML, 300 may include a user interface operable to communicate Java, etc.) used to developing a network location or website. with an Internet website operable to display selectable audio The present invention is not limited to any one specific information. The Internet website may be configured as a 30 type of software and may be realized in plurality of ways as user-preferred environment displaying a users selected audio can be appreciated by those skilled in the art. Homepage 401 information. Internet broadcast selections, streaming audio may also include login region 410 allowing a user to log into selections, etc. homepage 401 and display a user-preferred environment. With a display device for displaying a Website having For example, a user may want Radio Dial 412 to appear selectable information, electronic device 300 may allow a 35 when a user logs into homepage 401. In another embodi­ user to select audio information via a user interface and ment, a user may want to view a current playlist selected by receive the selected information via wireless communication the user or the status of wirelessly communicated playlist. A thereby providing a customizable WebRadio device for the user may also provide demographic information allowing user. In another embodiment, electronic device 300 may be advertisers to access the demographic information and pro- a modular device configured to be coupled to, for example, 40 vide advertisements based upon the demographic informa­ a portion of a cars interior. For example, electronic device tion. For example, an advertiser may want to target Hispanic 300 may be mounted to a portion ofa car's console thereby females in the 21-25 year old age group. providing a removably coupled electronic device operable to Through providing demographic information to advertis­ wirelessly receive selected audio information. As a remov­ ers, when a user logs into homepage 401 selective adver- able device, electronic device 300 may also be coupled to a 45 tising can be "targeted" for a group of users. Homepage 401 home audio system, a portable radio system or other systems may also include several tabs for efficiently navigating thereby providing a versatile electronic device operable to homepage 401. Library tab 405 may be provided to allow a receive wirelessly communicated selected audio informa­ user to browse available audio information that may be tion. presented by title, genre, artist, decade, culture, etc. Store tab In another embodiment, electronic device 300 may be 50 407 may also be provided for locating items available for operable as a PDA and/or a cellular phone that may be purchase such as CDs, PDA devices, MP3 players, wireless mounted to an automobile's console. Electronic device 300 communication hardware, interfaces, software or other types may then integrate with a user's automobile to provide an of products that may be purchased while on-line. Chat tab all-encompassing communications device. For example, 408 may also be provided allowing a user to chat with other electronic device 300 configured as a PDA and cellular 55 users of home page 401. For example, a guest musical artist phone may allow for communication with a user's email may be available to chat with visitors of home page 401 via account, voice mail account, the Internet, as well as allowing a chat page associated with chat tab 408. Home page 401 for the receipt of selected audio information via wireless may also include contest tab 409 for displaying current communication. Electronic device 300 may be operable in a contests, prizes, and/or winners. hands-free mode allowing a user to maintain safe driving 60 Radio tab 406 may also be provided for displaying audio fundamentals. During use, electronic device 300 may be information. For example, radio tab 406 may display a processing selective audio information for communicating collective menu 411 of selectable functions or features with an automobile audio system and may further be oper­ associated with audio information. Top ten lists may be ating to receive incoming cellular calls. provided to a user based on several different billboard polls Electronic device 300 may be set-up by the user to pause 65 or genres. A search engine may be provided allowing a user the music being played and allow the received cellular call to search for a specific type of audio information such as an to be communicated either via an independent speaker or artist, song title, and genre. Internet radio station, etc. In one Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 88 of 93

US 9,444,868 B2 11 12 embodiment, a user may input the lyrics to a song within the user would enter the time and the day "playlist #1" would be search engine. As such, the search engine may locate several available for listening. In this manner, the playlist may be different songs having the desirable lyrics and allow a user communicated to the electronic device thereby allowing a to select the search results. A user may also use a select a user to listen to selective audio information at a desirable device feature that allows a user to select a destination time. device for communicating selected audio information. For FIG. SA illustrates a portable radio system having a mount example, a user may want to communicate a playlist to for an electronic device according to one embodiment of the several different devices such as a PDA, a home computer present invention. Portable radio SOO includes a mount SOl system, a work computer system, etc. operable to receive electronic device S02. Mount SOl may As such, a user can communicate selective information to 10 include a connector operable to provide communications several devices without having to download the information and power to electronic device S02. During use, electronic separately for each device. A send a friend link may also be device S02 when mounted within portable radio SOO com­ provided allowing a user to send selective audio information municates with portable radio to provide remotely received to a friend's electronic device. A user may also join a group selective audio information. In one embodiment, electronic comprised of individuals that select a certain genre of music 15 device S02 may include a user interface allowing a user to to be communicated to the user's electronic device. For access the Internet. Therefore, selective audio information example, a user may want to join a group that plays only 50s located on the Internet may be accessed by the user and swing music. As such, the user could communicate the remotely communicated to electronic device S02 coupled to group's selected songs to the user's electronic device. A user portable radio SOO. may also utilize an email account provided by homepage 20 In another embodiment, portable radio SOO may include 401 allowing a user to correspond with others via email. A memory operably located within for storing downloaded user may also access a list of guest DJs that may provide information. For example, portable radio SOO may include play lists of songs chosen by the guest DJ and selectable by 32 MB of RAM allowing electronic device S02 to receive a user. selective information and download the selective informa- In one embodiment, a user's radio dial 412 may be 25 tion to memory located within portable radio SOO. In this provided when a registered user logs into homepage 401. As manner, the downloaded music may be operable to be played such, radio dial 412 may include several functional buttons within portable radio SOO while allowing electronic device similar to conventional systems such as a volume control to be removed from portable radio SOO. Therefore, portable and a station control. However, radio dial 412 surpasses the radio SOO including electronic device S02 allows a user to limitations of conventional systems through providing a 30 communicate selected audio information to portable radio programmable radio dial of user customized audio informa­ SOO. tion. Radio dial 412 includes several stations that may be FIG. SB illustrates automobile console having a mount for programmed using program interface 413. The preset sta­ coupling an electronic device according to one aspect of the tions may include several different types of user customized present invention. Console SlO includes mount Sll operable preset information such as user selected playlists, Internet 35 to receive electronic device S12. Mount Sll may be located broadcast stations, top lists, group playlists, artist-selected in many different locations within an automobile such as lists, on-line radio station, conventional radio stations. Inter­ coupled to a sun visor, center console, dashboard, floor­ net phone, cellular phone, etc. and other functions, features, board, etc. Mount Sll allows the user to couple electronic or information associated with audio information. device S12 to the automobile and provide an interface for Radio dial 412 may also be displayed as a separate user 40 communication between electronic device S12 and the auto­ interface and in some embodiments, does not require a mobile audio system. Mount Sll may also include a power "browsing" environment to view radio dial 412. For connection that allows electronic device S12 to use the example, an electronic device, such as a PDA, having a automobiles power during use. The power connection may display may graphically present radio dial 412 to a user. One also be used in association with a recharging circuit operable example may be using electronic device in association with 45 to recharge a power supply within the electronic device. an automobile audio system. Electronic device may display During operation, electronic device S12 coupled to mount radio dial 412 and may allow a user to navigate, modify, Sll may receive selected audio information via wireless select, adjust volume, access daytimer, access phone lists, communication and communicate the selective information etc. or perform other functions while the electronic device is to the automobile audio system. used in association with an automobile sound system. There- 50 In one embodiment, the automobile may include memory fore, radio dial 412 may be operable as an application for use operable associated with the automobile for storing-infor­ with several different types of electronic devices (i.e., com­ mation. The memory may be used in association with mount puter systems, portable computing devices, cellular phones, Sll and electronic device S12 to store the selected audio etc.) operable to display radio dial 412 and in come embodi­ information. In this manner, voluminous audio information ments may be wirelessly communicated to an electronic 55 can be stored within the memory allowing electronic device device. S12 to receive additional information. In one embodiment, a In another embodiment, homepage 401 may allow a user mount may be provided for a home audio system (not to select when to download the information to an electronic shown) for downloading selected audio information for use device. For example, a user may want to listen to a certain with a home audio system. For example, a mount device genre of music at a specific time of day thereby allowing a 60 may be coupled to a home stereo system such that the upon user to select the information. As such, a user may select a placing an electronic device such as electronic device SOO different playlist for every day of the week thereby allowing within the mount, selected audio information may be com­ a user to listen to different songs on different days of the municated to the home audio system thereby allowing a week. The user can further identify when the selected home audio system to be used in association with an playlist should be available for listening. For example, if a 65 electronic device. user wanted to listen to "playlist #1" on Monday morning FIG. 6 illustrates a block diagram of a system for com­ during the drive into work between 8:00 am and 9:00 am, the municating voice mail messages using email according to Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 89 of 93

US 9,444,868 B2 13 14 one embodiment of the present invention. The system, In one embodiment, a user may utilize an email account indicated generally at 600, includes email server 601 to establish an answering service for voice mails. For coupled to a voice mail storage device 602. System 600 example, a user's telephone number may be operable with further includes a computer system or network terminal 603 an email account to provide an answering service. A user such as a computer coupled to network 604. System 600 may record a message for a specified phone number or further includes mount 605 for mounting electronic device extension and, upon receiving an incoming call; the 606 for hardwire communication of information. Device 606 recorded message may be played back to incoming the call's may also communicate with network 604 using a wirelessly initiator. System 600 would then forward the received voice­ communication network operably associated with network mail message via an email account to the user. For example, 10 a user may have an account set up at a residence for 604 and coupled, for example, via tower 607. receiving voicemail messages via a user-defined email During operation, system 600 communicates voice mail account. The user could then forward all received voice messages to a user utilizing email server 601. For example, mails from the home account to an email account at a place if a user receives a voice mail message, email server 601 of work. Therefore, the user may have complete access to would be notified and a voice mail message would be sent 15 received voicemail messages. In the same manner, a user to the user's email account in the form of an email message. could set up their work phone number to forward a voice- For example, a voice mail message would be sent to a user's mail message to the user's home email account thereby email account within intranet 604 in the form of an audio file allowing a user to receive a voicemail at a home email as an attachment to the email. Upon receiving the email, a account. Therefore, system 600 may be operable in a plu- user may click on the audio file representing the voice mail 20 rality of ways to provide email messages comprised of message to hear the message left by a caller. voicemail messages received via a voice mail or email In one embodiment, a user may be accessing the Internet account. via a phone line and, as such, be unable to receive notifi­ FIG. 7 illustrates a flow chart for providing voice email cation that a voice mail message has been received. System messages according to one embodiment of the present 600 would receive the voice mail message and send an email 25 invention. The method begins at step 701 where a voice mail comprising the voice mail message to the user email message is left for a user. The message could be at a account. In this manner, a user can remain connected to the residence, place of business, etc. The method then proceeds network and receive voice mail without having to log off or to step 702 where the message may be stored as an audio file disconnect from the Internet. In one embodiment, a user may within a database operable to store a file comprised of the receive the voice mail message via a portable electronic 30 voice mail message. Upon storing the file, the method device. For example, a user may be using remote device 605 proceeds to step 703 where an electronic mail message may operable to receive wirelessly communicated information. be generated. The electronic mail message may be addressed System 600 would receive the voice mail message and to the recipient of the voice mail message. The method then forward the voice mail message to a user's portable elec­ proceeds to step 704 where the audio file representing the tronic device 606. In this manner, a user may be capable of 35 voice mail message is attached to the electronic message. receiving voice emails at remote locations. Upon attaching the audio file, the method then proceeds In another embodiment, a user may subscribe to use an to step 705 where the email message may be sent to the Internet email account that may be operably associated with email address. Upon sending the email message the method system 600. Utilizing an Internet email account may allow proceeds to step 706 where the method determines if the a user the flexibility to check voice email messages from any 40 email message should be sent to a wireless electronic device. location in the world. For example, a user may access a If the message is not to be sent to a wireless device, the "Hotmail" email account while traveling on business in a method proceeds to step 720 where the method ends. If the foreign country. The user, upon gaining access to the "Hot­ message is to be sent to a wireless electronic device, the mail" account, would be able to listen to voice mail mes­ method proceeds to step 707 where a signal may be sent to sages sent to the user via the "Hotmail" email account. 45 the wireless electronic device and at step 708 an indication Through utilizing an email account to receive voice mail is provided to the electronic device indicating that a voice- messages, a user may be afforded great flexibility in com­ mail message has been received via a user's email account. municating voice mail messages. For example, a user may The method may then proceed to step 709 where the user be able to forward a voice mail message received in the form decides whether or not to listen to the voice email message. of an email to one or a plurality of other email accounts. In 50 If the user decides not to listen to the voice email message, this manner, a voice email message may be sent efficiently the method may proceed to step 710 where the method ends. to other email users. If the user decides to listen to the voice email message, the For example, a user may maintain a distribution list of method proceeds to step 711 where a request may be sent by individuals working on a particular project that may have a the electronic device requesting the voice email message be need to hear certain voice email messages. In this manner, a 55 forwarded to the user's electronic device. user may efficiently disseminate information to other indi­ At step 712, the voicemail message may be sent to the viduals while adding additional textual information to the user's electronic device. Upon forwarding the voicemail body of the email allowing a user to comment on the original message to the user the method may proceed to step 720 voice email message. In another embodiment, a user may where the method ends. As such, FIG. 7 depicts one method forward a received voice email message to another account 60 of providing an email message comprised of a voice mail operable to receive forwarded voice email messages. For message. Certainly, other methods may be deployed as example, system 600 may be operable to receive an email advancements in technology and are made without departing message having a voice mail message as an attachment. The for the spirit and scope of the present invention. system would then be operable to forward the voice mail FIG. 8 illustrates a flow diagram of a method for provid­ message to specified phone number, separate email account, 65 ing selected audio information to an electronic device and/or voice mail account, etc. thereby providing a user according to one embodiment of the present invention. The flexibility in receiving voice email. method begins at step 800 where a user accesses a webpage Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 90 of 93

US 9,444,868 B2 15 16 via the Internet. The webpage may be a home page illus­ The method may then proceed to step 809 where the trated in FIG. 4 or other web pages operable to display method determines if all of the audio information has been selectable references to audio information. The method received. For example, if 16 MB or 32 MB of selected audio proceeds to step 801 where a user selects desirable audio information was initially transmitted due to capacity limi­ information. For example, a user may select a single song, tations of the selected device, the method may query the a plurality different songs, an entire album, a broadcast selected device to determine if capacity is available. If station, streaming audio, etc. or other selectable audio infor­ available memory exists, the method may proceed to step mation. Upon the user selecting a reference to audio infor­ 807 where the method may communicate additional audio mation, the method may proceed to step 802 where a play list information based upon the amount of available memory. may be created that represents the user's selected audio 10 The method repeats until all of the selected audio informa­ information. tion has been transmitted. The playlist may be variable in size and comprised of a Upon communicating the selected information, the plurality of different types of available audio information. method may proceed to step 810 where the playlist may be

Upon creating a playlist, the method may proceed to step 15 executed. For example, a user may select a continuous 803 where information associated with the playlist is communication of selected audio information (e.g., several obtained. For example, a list of network or URL locations hours of music. Internet broadcast, etc.). As such, the comprised of the desirable audio information may be method may continuously play or execute the received audio obtained. In this manner, desirable audio information may be information. In another embodiment, the method may pro­ obtained from many different sources such as URLs, net- 20 ceed to step 811 where the method may store or buffer the work addresses, hard drives, databases comprised of audio received information until it is desirable to execute the information, etc. The sources may be accessed to obtain the received selected audio information. As such, upon execut­ selected audio information. ing the selected audio information, the method may proceed Upon obtaining data associated with the customized play­ to step 809 where the method may repeat. In one embodi- list, the method may proceed to step 804 where the user is 25 ment, a user may elect to download a broadcast of an on-line prompted for a destination for the playlist. For example, a radio station. For example, a user may want to listen to a user may want to communicate the selected audio informa­ radio station located in a remote location wherein conven­ tion to a remote electronic device, an automobile audio tional radio receivers could not receive the desired broad- system, a home stereo system, a home computer, an elec­ cast. For example, a person living in Houston, Tex. may not tronic device coupled to a home network or computer 30 be able to receive a radio broadcast signal from a radio system, etc. or other locations or devices operable to receive station in Seattle, Wash. utilizing a conventional radio the selected audio information. In one embodiment, a user receiver. may select a device owned by a friend to accept the selected In accordance with the teachings of the present invention, audio information. For example, a husband may want to a user may select an on-line broadcast or radio station as all send a romantic playlist to his wife on their anniversary. In 35 or a part of the selected audio information. The user may this situation, the husband would select his wife's electronic then receive radio broadcasts without having to use a home device as the receiving device for the selected audio infor­ computer system or conventional radio receiver. mation. At step 804, a user may select a device that does not Upon selecting a device, the method proceeds to step 805 require remote communication of information. For example, where the method determines the destination of the selected 40 a user may elect to communicate the selected audio infor­ audio information. Ifthe information is to be sent to a device mation to device, such as a personal computer, PDA device, via a wire line connection, the method proceeds to step 813 MP3 player, etc. coupled via a network connection to the where playlist data is sent to a user via a wire line connec­ Internet or an Intranet. The user may receive the selected tion. The method may then proceed to step 814 where the playlist at the determined device for eventual playing. In one playlist is executed at the device. If the information is to be 45 embodiment, a user may select a plurality of devices as sent to a device requiring wireless communication, the destination devices for receiving downloads of the selected method proceeds to step 806 where the information is audio information. For example, the user may want to formatted for communicating the information to a wireless download the information to a home stereo system, a PDA electronic device. For example, a wireless PDA device may device, and an automobile stereo. As such, the selected be selected as a destination device for the selected audio 50 information may be communicated to more than one desti­ information. The PDA device may include an audio player, nation device. In addition, the format of the download may such as an MP3 player operable to play or execute MP3 match or conform to the selected destination device(s). audio files. In such an embodiment, the method could format The present invention may be configured in a plurality of the information such that the information may be wirelessly ways to communicate desirable audio information to users communicated and subsequently played by the MP3 player. 55 by allowing users to select desirable audio information and Upon formatting the information, the method may then transmitting the desirable audio information to a specified proceed to step 807 where the audio information is wire­ destination thereby allowing a user to receive on-demand lessly communicated to the selected device. In some customized audio information. Moreover, the download may embodiments, the device may be operable to receive a occur in an off-line environment, allowing a user to enjoy limited amount of information based upon storage capacity 60 the selected audio information accessed on-line without of the device (i.e., 16 MB). In such a case, the method may having to be on-line or utilizing a browsing environment. In divide the information into component parts and periodically one embodiment of the present invention, the method of communicate the component parts, such as packets, to the FIG. 8 may be modified to allow a user to select a "user electronic device. Upon communicating the audio informa­ group" for receiving customized audio information. For tion, the method may then proceed to step 808 where the 65 example, a "user group" may include users that prefer signal may be received by the destination or electronic contemporary jazz wherein a user may request a certain device. song. Therefore, a virtual request line may be designed for Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 91 of 93

US 9,444,868 B2 17 18 a specific genre of music allowing "members" to transmit powered or recharged via power line 910 and communicate audio information to the "group". with the systems audio system via interface cable or bus line In another embodiment of the present invention, the 911. Audio information communicated to electronic device method may be modified to allow a user to select a specific 907 may be transferred to audio system 901 such that a user genre to be transmitted to the users device. For example, a may listen to selected audio information. For example, a user may elect to have random country and western music user may have previously selected a plurality of audio files transmitted to a destination device. The user could efficiently to be transmitted to electronic device 907. Electronic device create a radio station format and have the format received at 907 may communicate the selected audio information to the a destination device. automobiles audio system that utilizes interface 901 thereby In a further embodiment, a user may select a group of 10 allowing the user to listen to selected audio information. In genres to be downloaded to a desirable device. As such, the one embodiment, cable 908 may be custom-installed to method may be modified to allow a user to select several audio system 901. For example, the cable may be coupled to different genres to download random music within the an auxiliary line for the system's radio or may be coupled to specified genres. In another embodiment, a user may elect to CD player line 912. download the same music as another individual. For 15 In another embodiment, a radio manufacturer may pro- example, a user may want to download the same music as vide interface 904 as a standard interface integrated into the their best friend. Therefore the user could elect to download audio system, thereby allowing communication between the same music as their friend or group of friends. In another electronic device 907, audio system 901 and/or console 900. example, a user may want to listen to the same music that an Electronic device 907 may include a plurality of different artist listens to on a specific weekday of evening. For 20 types of devices. For example, electronic device 907 may example, a user may want to listen to the same music that include a PDA device operable to store selected audio Barry White listens to on a Saturday night. information. The information may be either remotely down­ Therefore, the user may select "Barry White's" Saturday loaded using an Internet web browser and wireless commu­ night playlist and receive the same playlist Barry White nication to the PDA device. In another embodiment, selected receives on Saturday night. In another embodiment, the 25 audio information may communicated to a PDA device via method of FIG. 8 may be modified to allow a user to a hard wire coupled to a computer system interfacing with manipulate song post download. For example, a user may the Internet. In another embodiment, electronic device 907 want to store, delete, replay, copy, forward, etc. received may include an audio file player operable to play audio files audio information. Therefore, the method of FIG. 4 may be such as MP3s, etc. modified such that a user can manipulate or process the 30 The audio files may be remotely or locally communicated received audio information in a plurality of ways. In one to electronic device 907 and upon coupling to audio system embodiment of the present invention, an on-line radio sta­ 901, the audio files may be transmitted to audio system 901 tion may be provided. For example, the radio station may be in a form receivable by audio system 901. Although the created for transmitting audio or on-line broadcasts. The disclosed embodiments have been described in detail, it on-line broadcasters or hosts may create their own format 35 should be understood that various changes, substitutions and for broadcast. For example, an on-line radio station may be alterations can be made to the embodiments without depart­ provided that transmits only children's songs. ing from their spirit and scope. Prior to conception of the present invention, conventional The benefits, advantages, solutions to problems, and any radio stations were monetarily limited to be capable of element(s) that may cause any benefit, advantage, or solu- transmitting music such as children's songs to conventional 40 tion to occur or become more pronounced are not to be radio receivers. The present invention, by providing a construed as a critical, required, or essential feature or medium for transmitting selectable audio information, element of the present invention. Accordingly, the present enables the existence of on-line broadcasting with little or no invention is not intended to be limited to the specific form overhead cost for a host. A user may select an on-line set forth herein, but on the contrary, it is intended to cover broadcast for on-line or off-line delivery. In another embodi­ 45 such alternatives, modifications, and equivalents, as can be ment, on-line broadcast of audio information representing reasonably included within the spirit and scope of the books or novels may be provided to individuals such as the invention as provided by the claims below. visually impaired. For example, an on-line broadcast station While the present invention has been described with may provide several hours of audio information broadcast respect to a limited number of embodiments, those skilled in representing books or novels to be broadcast with very little 50 the art will appreciate numerous modifications and varia­ overhead. tions therefrom. It is intended that the appended claims FIG. 9 illustrates an automobile console having a mount cover all such modifications and variations as fall within the for an electronic device according to one embodiment of the true spirit and scope of this present invention. present invention. Console 900 includes a conventional audio system 901 comprised of a receiver 902 and CD player 55 What is claimed is: 903. Interface 904 may be coupled to audio system 901 via 1. A media system, comprising: plug 905 and cable 908, which may be coupled to an a plurality of independent segment files, wherein a given auxiliary line into audio system 901. Interface 904 may also segment file of the plurality of independent segment include contact 906 for contacting electronic device 907. files has a given format and a different segment of the Cable 908 may be a multiple conductive cable for providing 60 plurality of independent segment files has a different power from the automobiles power system via a protection format, further wherein the given format facilitates an circuit or fuse 909 for powering electronic device 907. In outputting of information in the given segment file at a one embodiment, interface 904 may be operable to recharge given rate that is different than a rate associated with electronic device 907 utilizing a power source associated the different format; with an automobile. 65 a playlist that comprises a list, and the list includes a first During operation, electronic device 907 may be mounted URL for the given segment file and a different URL for within interface 904. Electronic device 907 may also be the different segment file; Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 92 of 93

US 9,444,868 B2 19 20 a network-based connnunication system operable: to dis­ the HTTP connnunication, to receive an HTTP com­ tribute media content to a remotely located requesting munication that indicates a request for the given seg­ device; to receive an HTTP connnunication from the ment file, to stream data representing the given segment remotely located requesting device that indicates a file, to receive an HTTP connnunication that indicates desire to access the available media; to send informa­ a request for the different segment file, and to stream tion representing the playlist to the remotely located data representing the different segment file; and requesting device; to send information representing the the electronic device comprising a housing component at given segment file to the remotely located requesting least partially defining an enclosure, a transceiver com­ device; and, to send information representing the dif­ municatively coupled to a connnunications network, ferent segment file to the remotely located requesting 10 and a processor located within the enclosure. device; and 8. The media system of claim 7, wherein the available a plurality of remote devices configured to request media, media comprises a video, further wherein the transceiver is wherein each of the plurality of remote devices com­ prises: (1) an internal memory system; (2) a collection connnunicatively coupled to the communications network via a wire line connection, the system further comprising: of instructions stored in the internal memory system 15 that is operable when executed to utilize information (1) an engine that divides the available media into the representing the playlist, to request a streaming deliv­ plurality of independent segment files and encodes the ery of the information representing the given segment plurality of independent segment files into an appropriate file, and to request a streaming delivery of the infor­ format to facilitate a delivery of the available media to a mation representing the different segment file; and (3) 20 requesting device; and (2) the remote requesting device. a buffer configured to output the information represent­ 9. The media system of claim 7, further comprising the ing the given segment file at the given rate and to output remote requesting device, wherein the remote requesting information representing the different segment file at device is a cellular telephone that comprises a display and an the rate, which is different than the given rate. application that is configured, when executed at the cellular 2. The media system of claim 1, wherein at least one of 25 telephone, to facilitate presentation of a video component of the plurality of remote devices is a portable handheld device the available media on the display. having a display, and the available media is a video. 10. The media system of claim 7, further comprising an 3. The media system of claim 1, wherein the network­ application stored in a memory, the application configured based connnunication system is configured to send the given for execution by a wireless enabled device, wherein the segment file via a streaming delivery. 30 application when executed by the wireless enabled device 4. The media system of claim 1, wherein the plurality of facilitates the wireless enabled device acting as the remote independent segment files comprise serial component parts requesting device. of the available media and segmenting the available media 11. The media system of claim 7, further comprising: into the plurality of independent segment files facilitates the a digital engine in the content delivering system that is delivery of the available media to the remotely located 35 configured to maintain the list; and requesting device via Internet-based connnunications. a communication engine in the content delivering system 5. The media system of claim 1, wherein at least one of that is configured to facilitate a receipt of requests and the plurality of remote devices is a component of a home a communication of information in response to the entertainment system, and the available media is a video. receipt of requests. 6. The media system of claim 1, wherein the plurality of 40 12. The media system of claim 7, wherein the content independent segment files comprise serial component parts delivering system is connnunicatively coupled to a wireless of the available media and a formatting of the given segment network and is configured to send the given segment via a into the given format encodes the given segment to facilitate streaming delivery that comprises at least one wireless link. an outputting of the given segment at the given rate, further 13. The media system of claim 10, wherein a collection of wherein the formatting occurs prior to sending information 45 instructions included in the application are further operable representing the given segment file to the remotely located to cause the wireless enabled device to consider an amount requesting device. of buffer fill within an internal buffer before requesting the 7. A media system, comprising: different segment file. a plurality of independent segment files that represent an 14. A media system, comprising: available media, wherein a given segment file of the 50 an electronic device comprising a display, a buffering plurality of independent segment files has a given component, a transceiver, and a memory system, compression format and a different segment file of the wherein the electronic device is configured to utilize plurality of independent segment files has a different HTTP in connection with receiving a streaming deliv­ compression format, further wherein the given com­ ery of an available media; pression format facilitates an outputting of information 55 a collection of instructions stored in the memory system in the given segment file at a first rate that is different and operable when executed to allow the electronic than a second rate associated with the different com­ device: (1) to utilize HTTP to request a file comprising pression format; a listing ofURLs for a plurality of media segment files a list including a given address for the given segment file associated with the available media; (2) to utilize the and a different address for the different segment file; 60 listing of URLs to request a given one of the plurality a content delivering system comprising an electronic of media segment files; (3) to receive information device operable as a connnunication device and a representing the given one of the plurality of media plurality of memory devices operable to store informa­ segment files; ( 4) to utilize the listing of URLs to tion, the content delivering system configured to request another one of the plurality of media segment receive an HTTP connnunication from a remote 65 files, wherein the given one has a given compression requesting device that indicates a desire to access the format and the other one has a different compression available media, to send the list in response to receiving format; and Case 1:15-cv-00849-RP Document 60 Filed 09/21/16 Page 93 of 93

US 9,444,868 B2 21 22 the buffering component of the electronic device config­ circular physical interface includes at least a first contact to ured: to output information in the given one of the allow an external power source to recharge the internal plurality of media segment files at a given rate, and to rechargeable battery and a second contact to allow a com­ output information in the another one of the plurality of munication of data. media segment files at a rate that is different than the 18. The media system of claim 14, wherein the electronic given rate. device is selected from a group consisting of a cellular 15. The media system of claim 14, further comprising: telephone device, a computer device, a home media device, a housing component for the electronic device that at least and a personal digital assistant device. partially defines an enclosure in which the memory 19. The media system of claim 14, wherein the file is system and the buffering component are secured, 10 written in XML, further wherein the collection of instruc­ wherein the buffering component comprises a buffer; tions at least partially defines a web browser, further wherein and the buffering component comprises a buffer, and further a local area wireless communication module secured within the enclosure. wherein the rate and the given rate are measured in bits per second. 16. The media system of claim 15, wherein the buffer 15 facilitates presentation of a video media on the display, 20. The media system of claim 14, further comprising further wherein an amount of buffer fill in the buffer is another collection of instructions stored in the memory considered in connection with determining which of an system and operable when executed to communicate infor­ additional ones of the plurality of media segment files to mation representing a graphical interface presented on the display to a different electronic device to allow the different request. 20 17. The media system of claim 14, wherein the electronic electronic device to present the graphical interface on a device further comprises an internal rechargeable battery display associated with the different electronic device. and a non-circular physical interface, wherein the non- * * * * *