for the eastern district of texas marshall division … · 2017-02-07 · united states district...

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

CUSTOMEDIA TECHNOLOGIES, L.L.C., Plaintiff, v. DISH NETWORK CORPORATION and DISH NETWORK, L.L.C., Defendants.

Civil Action No. 2:16-cv-00129-JRG JURY TRIAL DEMANDED

CUSTOMEDIA’S P.R. 3-1 AND 3-2 DISCLOSURE OF

ASSERTED CLAIMS, INFRINGEMENT CONTENTIONS AND ACCOMPANYING DOCUMENT PRODUCTION

Pursuant to Rules 3-1 and 3-2 of the Court’s Local Patent Rules, Plaintiff Customedia

Technologies, L.L.C. (“Customedia” or “Plaintiff”), hereby makes the following Disclosure of

Asserted Claims, Infringement Contentions, and Accompanying Document Production to DISH

Network Corporation and DISH Network, L.L.C. (collectively “Defendants” or “DISH”).

These infringement contentions (“ICs”) are based on Customedia’s current interpretation

of U.S. Patent Nos. 8,719,090 (the “’090 Patent”), 9,053,494 (the “’494 Patent”), 7,840,437 (the

“’437 Patent), and 8,955,029 (the “’029 Patent”) (collectively the “Patents-in-Suit”), and to the

extent information describing Defendants’ proprietary products, systems, and relationships is

publicly available. Customedia reserves the right to amend its ICs and asserted claims based on

information Customedia obtains through discovery and otherwise as this case progresses.

Customedia reserves the right to amend its infringement contentions responsive to claim

construction proceedings and this Court’s claim construction rulings or rulings by other Courts’

in related cases. Customedia reserves the right to amend its infringement contentions and

DISH, Exh. 1008, p. 1

CUSTOMEDIA’S INFRINGEMENT CONTENTIONS 2

asserted claims based on any proceedings before the United States Patent and Trademark Office

regarding Customedia’s patents, including the Patents-in-Suit.

A. 3-1(a): Identification of Infringed Claims

The asserted claims of the Patents-in-Suit include those claims identified in the attached

claim charts. Customedia identified these asserted claims based on its current and preliminary

understanding and reserves the right to supplement its identification as discovery proceeds,

including identifying additional claims.

Customedia accuses DISH of directly and indirectly infringing claims 1, 9, 10, and 13-16

of the ’437 Patent.

Customedia accuses DISH of directly and indirectly infringing claims 1-4, 6-9, 12-15,

19-22, 25-28, 30-32, 35-39, 41, 46-48, 53-54, 58-61, 63-65, 68, 70, 72-76, 78-80, and 82-84 of

the ’029 Patent.

Customedia accuses DISH of directly and indirectly infringing claims 1-8, 17 and 23 of

the ’090 Patent.

Customedia accuses DISH of directly and indirectly infringing claims 1-7, 16-19, 23-28,

32-36, 39, 41, and 43 of the ’494 Patent.

B. 3-1(b): Identification of Accused Instrumentalities

’437 Patent

Based on the information currently available, pursuant to Local Patent Rule 3-1,

Customedia identifies the following instrumentalities, including all reasonably similar variants or

improvements, as the accused instrumentalities:

Dish Network DVR Devices provided by DISH to Dish Network customers for use of the

Dish Network System, including, but not limited to, the following models:

• DISH Hopper DVRs

DISH, Exh. 1008, p. 2


• DISH Hopper 1 • DISH Hopper 2 • DISH Hopper 3 • DISH Hopper with Sling • DISH Hopper 1 with Sling • DISH Hopper 2 with Sling • DISH Hopper 3 with Sling • DISH Sling DVRs • DISH Network DVRs • DISH Network HD DVRs • DISH Hopper Joey • DISH Hopper Super Joey • DISH Network SD-DVRs • HD-DVR ViP 722k • DuoDVR ViP 722k • HD-DVR ViP 612 • Solo DVR ViP 612 • HD-DVR 612RKIT • 922 SlingLoaded HD-DVR ViP 222k • HD Dual Tuner ViP 222k • HD Single Tuner ViP 211k • HD-DVR 211z • DISH 211z HD DVR • SD-DVR Dual Tuner 625 • DuoDVR625 • SD-DVR 512 • Solo DVR 512 • DuoDVR522 • SD Dual Tuner 322 • HD-DVR ViP 222K • SD Single Tuner 311 • Duo DVR ViP 722K • Hopper HD DVR and the Joey • Dish 4k Ultra HD Joey • DISH Hopper Whole Home DVR Network Customedia identifies these accused instrumentalities based on its preliminary

understanding of information currently available to Customedia (for more specificity, see

attached claim charts). Customedia reserves the right to supplement its identification as

discovery proceeds, including identifying additional instrumentalities.

DISH, Exh. 1008, p. 3


‘029 Patent




Dish Network DVR Devices provided by DISH to Dish Network customers for use of the

Dish Network System, including, but not limited to, the following models:

• DISH Hopper DVRs • DISH Hopper 1 • DISH Hopper 2 • DISH Hopper 3 • DISH Hopper with Sling • DISH Hopper 1 with Sling • DISH Hopper 2 with Sling • DISH Hopper 3 with Sling • DISH Sling DVRs • DISH Network DVRs • DISH Network HD DVRs • DISH Hopper Joey • DISH Hopper Super Joey • DISH Network SD-DVRs • HD-DVR ViP 722k • DuoDVR ViP 722k • HD-DVR ViP 612 • Solo DVR ViP 612 • HD-DVR 612RKIT • 922 SlingLoaded HD-DVR ViP 222k • HD Dual Tuner ViP 222k • HD Single Tuner ViP 211k • HD-DVR 211z • DISH 211z HD DVR • SD-DVR Dual Tuner 625 • DuoDVR625 • SD-DVR 512 • Solo DVR 512 • DuoDVR522 • SD Dual Tuner 322 • HD-DVR ViP 222K • SD Single Tuner 311 • Duo DVR ViP 722K • Hopper HD DVR and the Joey

DISH, Exh. 1008, p. 4


• Dish 4k Ultra HD Joey • DISH Hopper Whole Home DVR Network Customedia identifies these accused instrumentalities based on its preliminary




090 Patent Based on the information currently available, pursuant to Local Patent Rule 3-1,



The Dish Network System that provides targeted advertising to customers of Dish

Network’s satellite television service.

Customedia identifies these accused instrumentalities based on its preliminary




494 Patent




The Dish Network System that provides targeted advertising to customers of Dish

Network’s satellite television service.

DISH, Exh. 1008, p. 5


Dish Network DVR Devices provided by DISH to Dish Network customers for

delivering targeted advertising data to an end user, including, but not limited to, the following

models:

• DISH Hopper DVRs • DISH Hopper 1 • DISH Hopper 2 • DISH Hopper 3 • DISH Hopper with Sling • DISH Hopper 1 with Sling • DISH Hopper 2 with Sling • DISH Hopper 3 with Sling • DISH Sling DVRs • DISH Network DVRs • DISH Network HD DVRs • DISH Hopper Joey • DISH Hopper Super Joey • DISH Network SD-DVRs • HD-DVR ViP 722k • DuoDVR ViP 722k • HD-DVR ViP 612 • Solo DVR ViP 612 • HD-DVR 612RKIT • 922 SlingLoaded HD-DVR ViP 222k • HD Dual Tuner ViP 222k • HD Single Tuner ViP 211k • HD-DVR 211z • DISH 211z HD DVR • SD-DVR Dual Tuner 625 • DuoDVR625 • SD-DVR 512 • Solo DVR 512 • DuoDVR522 • SD Dual Tuner 322 • HD-DVR ViP 222K • SD Single Tuner 311 • Duo DVR ViP 722K • Hopper HD DVR and the Joey • Dish 4k Ultra HD Joey • DISH Hopper Whole Home DVR Network Customedia identifies these accused instrumentalities based on its preliminary


DISH, Exh. 1008, p. 6




C. 3-1(c): Charts Identifying Accused Instrumentalities

Customedia provides the attached claim charts which identify where to find each element

of each asserted claim within the Accused Instrumentalities. These ICs serve a notice function

and are not required to—and therefore do not—present every possible permutation or theory of

Plaintiff’s case. Pursuant to Local Patent Rule 3-1, these ICs focus on notice of the underlying

direct infringement and are not provided to—and should not be read to—explain such issues as

joint liability, mastermind, or indirect infringement.

D. 3-1(d): Literal Infringement and Infringement under the Doctrine of Equivalents

Customedia presently contends that Defendants’ accused instrumentalities literally

infringe the above-asserted claims of the ’090, ’494, and ’437, and ’029 Patents and that

Defendants’ products or services literally infringe the above-asserted claims as more specifically

explained in the attached claim charts. Further, Customedia asserts infringement under the

doctrine of equivalents as identified in the attached claim charts, to the extent that the difference

between any component of any product and any step of any service and any claim element is

insubstantial.

E. 3-1(e): Patent Priority Dates

Based upon the information currently available, pursuant to Local Patent Rule 3-1,

Customedia discloses that the ’090, ’494, and ’437, and ’029 Patents are each entitled to a

priority date of at least June 12, 1997: the filing date for U.S. Patent Application No. 08/873,584,

which issued as the ’090, ’494, and ’437, and ’029 Patents.

DISH, Exh. 1008, p. 7


3-2: Document Production Accompanying Disclosure.

Concurrently with service of its Preliminary Infringement Contentions, Customedia is

producing documents categorized in Rule 3-2 of the Patent Rules for the Eastern District of

Texas. Based on the information currently available, Customedia is not aware of any documents

in its possession concerning any discussion with, disclosure to, or other manner of providing to a

third party, or sale of or offer to sell, the claimed invention prior to the date of application for the

Patent-in-Suit. Customedia will continue to search for such documents and, to the extent

possible, will produce them.

Customedia is also not aware of any documents that may be seen as relating to

discussions with, disclosures to, or other manner of providing to a third party, for sale or offer to

sell, the claimed inventions of the ’403, ’210, and ’891 Patents before the application dates.

Concurrently with its contentions, Customedia is producing the patents-at-issue in this

action (CM-DISH0000001-CM-DISH0000193), the file histories of those patents (CM-

DISH0000194-CM-DISH0001639), and documents evidencing assignments and ownership of

those patents (CM-DISH0001640-CM-DISH0001675).

Dated: June 16, 2016 Respectfully Submitted,

/s/ Raymond W. Mort, III Daniel R. Scardino Texas State Bar No. 24033165 Raymond W. Mort, III Texas State Bar No. 00791308 Robert H. Baker Texas State Bar No. 24060246

DISH, Exh. 1008, p. 8


REED & SCARDINO LLP 301 Congress Avenue Suite 1250 Austin, Texas 78701 Telephone: (512) 474-2449 Facsimile: (512) 474-2622 [email protected] [email protected] [email protected] ATTORNEYS FOR PLAINTIFF MOBILE TELECOMMUNICATIONS

TECHNOLOGIES, LLC

CERTIFICATE OF SERVICE I hereby certify that, on June 16, 2016, the foregoing document was served by electronic

mail on all counsel of record (listed below).

/s/ Raymond W. Mort, III Raymond W. Mort, III Ali Dhanani Michael Sherby BAKER BOTTS L.L.P. 910 Louisiana St. Houston, Texas 77002 [email protected] [email protected] G. Hopkins Guy, III BAKER BOTTS, L.L.P. 1001 Page Mill Road Building One, Suite 200 Palo Alto, California 94304 [email protected]

Otis Carroll IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 [email protected]

ATTORNEYS FOR DEFENDANTS DISH NETWORK CORPORATION AND DISH NETWORK L.L.C.

DISH, Exh. 1008, p. 9

INFRINGEMENT CONTENTIONS DISH NETWORK U.S. PATENT NO. 8,955,029 1 JUNE 16, 2016

U.S. Patent No 8,719,090

Claims 1-8, 17, and 23

Customedia Technologies, L.L.C. (“Customedia”) accuses Dish Network Corporation and Dish Network, L.L.C. (collectively “Dish Network” or “Dish”) of directly and indirectly infringing claims 1-8, 17 and 23 of U.S. Patent No. No. 8,719,090 (hereinafter the “’090” Patent). Pursuant to Eastern District of Texas Local Patent Rules, Customedia provides the following claim charts.

Pursuant to Local Patent Rule 3-1, these claim charts provide Dish Network notice of identified instrumentalities that incorporates or reflects the recited claim elements. These claim charts are not intended to be an expert report on infringement or provide detailed analysis of the claim terms or infringement. Customedia will disclose and produce an expert report regarding infringement with appropriate analysis pursuant to the Court’s scheduling order. These charts include select evidence of infringement by Dish Network, including diagrams, web page screenshots, and other publicly available documentary evidence by way of example and not by way of limitation.

The asserted claims include elements that are implemented, at least in part, by confidential information. In some instances, the precise processes and algorithms used in them are, at least in part, not publicly available. An analysis of Dish Network’s (or other third parties’) software’s technical documentation and/or source code may be necessary to more fully identify all infringing features and functionality. Accordingly, pursuant to 3-1(g), Customedia reserves the right to supplement these contentions once such information is made available to Customedia. Furthermore, Customedia reserves the right to revise these contentions, as appropriate, upon issuance of the Court’s Claim Construction Order.

To the extent there are any differences between the accused instrumentalities and the following claim elements, any such differences are insubstantial and the accused instrumentality reads on the claim elements under the doctrine of equivalents.

DISH, Exh. 1008, p. 10


U.S. Patent No. 8,719,090 Claim Language

Infringing Feature

1. A data delivery system for providing automatic delivery of multimedia data products from one or more multimedia data product providers, the system comprising:

The Dish Network system infrastructure includes multiple computers and servers that perform and provide various functionalities, including, but not limited to control billing, control programming, user authentication, content distribution, content delivery manager, monitor customer profile data and use of the system, and control account and user profile information. The collection of these computers and servers that perform functionalities such as the above described is the Remote Account Transaction Server (“Remote Server”).

The Dish Network system infrastructure enables the Remote Server to communicate with video content suppliers and Dish Network receiver devices (“Dish Network DVR Devices”) provided to Dish Network customers as part of Dish Network’s satellite television service.

Dish Network uses the system infrastructure’s communication capabilities to deliver video content to Dish Network customers. In connection with its content delivery, the Dish Network system enables the delivery of addressable advertising services.

1

2

1 Reference 1: http://files.shareholder.com/downloads/DISH/1577946624x0x852352/6CB19730-8B39-4C19-A5E7-1AE456FE13C0/cov15-19115-

1_235600_webpost_9.14.15.pdf 2 Reference 2: http://files.shareholder.com/downloads/DISH/1577946624x0x852352/6CB19730-8B39-4C19-A5E7-1AE456FE13C0/cov15-19115-

1_235600_webpost_9.14.15.pdf

DISH, Exh. 1008, p. 11



Infringing Feature

3

4

3 Reference 3: https://www.mydish.com/support/satellite-to-home-diagram 4 Reference 4: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 12



Infringing Feature

a remote account transaction server for providing multimedia data products to an end user, at least one of the multimedia data products being specifically identified advertising data;

The above explained Remote Server, and associated hardware and software, such as a processor and Invidi addressable advertising system software, enable the delivery of targeted advertising to a Dish Network customer’s Dish Network DVR Device. Dish Network’s specifically identified advertising data includes, but is not limited to, live and recorded commercial content addressed to specific Dish Network customers (“addressable advertising data”). The above identified Remote Server and associated processer and software satisfy the claimed remote account transaction server for providing multimedia data products to an end user, at least one of the multimedia data products being specifically identified advertising data. See Reference 3.

5

5 Reference 5: http://about.dish.com/press-release/products-and-services/dish-network-integrate-invidi-technologies-addressable-televisio

DISH, Exh. 1008, p. 13



Infringing Feature

6

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

Customedia asserts that the above identified remote account transaction server literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

and a programmable local receiver unit for interfacing with the remote account transaction server to receive one or more of the multimedia data products and for processing and automatically recording the multimedia data products,

As described above, Dish Network DVR Devices are receivers that are provided to Dish Network customers as part of Dish Network’s satellite television service. The Dish Network DVR Devices include a processor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software that enable the device to be programmed by an end user or data supplier. Dish Network DVR Devices include communication links, which together with associated software and hardware, enable a the Dish Network DVR Device to interact with the Remote Server, and to receive multimedia data products, including, but not limited to, basic satellite subscription video content, premium network video content, rented video content, On Demand and Pay-Per-View offerings, and advertising data. The above identified Dish Network DVR Device, satisfies the claimed programmable local receiver unit for interfacing with the remote account transaction server to receive one or more of the multimedia data products and for processing and automatically recording the multimedia data products


1_235600_webpost_9.14.15.pdf

DISH, Exh. 1008, p. 14



Infringing Feature

7

8

7 Reference 7: http://www.dish.com/hopper/ 8 Reference 8: https://www.mydish.com/support/products/hopper/receiver-manuals; PROD114+Hopper+Features+Booklet%20(1).pdf

DISH, Exh. 1008, p. 15



Infringing Feature

9

10

9 Reference 9: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf 10 Reference 10: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 16



Infringing Feature

11


Customedia asserts that the above identified programmable local receiver unit literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

said programmable local receiver unit including at least one individually controlled and

Dish Network’s DVR Devices come with memory, such as a hard drive, RAM, and Flash Memory, which together with associated software and hardware, such as a processor and INVIDI’s addressable advertising software, enable a partitioned space on the memory for storing Addressable Advertising Data. For instance,

11 Reference 11: https://www.mydish.com/support/at-the-home-diagram

DISH, Exh. 1008, p. 17



Infringing Feature

reserved advertising data storage section adapted specifically for storing the specifically identified advertising data,

the Dish Hopper DVR includes a 2-terabyte non-removable hard drive for storage of data that can record and save up to 2,000 hours of programming, as well as 2GB of RAM, and 64MB of Flash Memory.

The above identified memory satisfies the claimed one individually controlled and reserved advertising data storage section adapted specifically for storing the specifically identified advertising data.

According to INVIDI’s CEO Dave Downey, DVR storage (DTSB Storage) is partitioned for storage of advertising data. 12

13

14

12 Reference 12: http://www.invidi.com/index2.html (last visited June 1, 2015); https://web.archive.org/web/20150930195107/http:/www.invidi.com/index2.html (Last visited

June, 14, 2016) 13 Reference 13: http://www.dish.com/dig/technology/5-unique-features-of-the-hopper/ 14 Reference 14: http://www.invidi.com/itc_ads_diagram.html;

DISH, Exh. 1008, p. 18



Infringing Feature

15

16

15 Reference 15: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf 16 Reference 16: https://www.washingtonpost.com/news/the-switch/wp/2014/08/22/democrats-republicans-go-after-data-driven-tv-ads-that-know-like-really-know-voters/

DISH, Exh. 1008, p. 19



Infringing Feature

17

18


Customedia asserts that the above identified individually controlled and reserved advertising data storage section literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

17 Reference 17: http://www.broadcastingcable.com/news/technology/directv-taps-invidi-local-ads/46909 18 Reference18: http://www.v-net.tv/dish-is-testing-programmatic-real-time-auctions-for-broadcast-linear-tv

DISH, Exh. 1008, p. 20



Infringing Feature

said at least one advertising data storage section being monitored and controlled by said remote account transaction server and such that said specifically identified advertising data is delivered by said remote account transaction server and stored in said at least one individually controlled and reserved advertising data storage section.

Dish Network DVR Devices include a processor and software, such as INVIDI Advatar and Advertising Decision System software that delivers custom and specific addressable advertising data to customers through a combination of software resident on the Dish Network DVR Devices and functionality at the Remote Server. A processor and associated software located at the Remote Server enables monitoring and controlling of the storage section partitioned for addressable advertising data. Within the Dish Network DVR Device, Advatar software collects data based on user activity and demographic data. The processing of this user activity and demographic data remains on the Dish Network DVR Device for enhanced security. Based on data processed at the Dish Network DVR Device, corresponding specific advertising is sent to the Dish Network DVR Device for real time playing or storage in the partitioned space within the Dish Network DVR Device’s internal memory.

The above processor and associated software satisfied the claimed advertising data storage section being monitored and controlled by said remote account transaction server and such that said specifically identified advertising data is delivered by said remote account transaction server and stored in said at least one individually controlled and reserved advertising data storage section.

See References 14, 18, and 16.

DISH, Exh. 1008, p. 21



Infringing Feature

19

19 Reference 19: http://www.invidi.com/en/technology/

DISH, Exh. 1008, p. 22



Infringing Feature

20

21

20 Reference 20: http://www.invidi.com/itc_ads_diagram.html 21 Reference 21: http://www.invidi.com/itc_ads_diagram.html

DISH, Exh. 1008, p. 23



Infringing Feature

22


Customedia asserts that the above identification literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

2. The system of claim 1 wherein said multimedia data products are received via Network TV broadcast, Cable TV broadcast, or Satellite TV broadcast.

See Claim 1, herby incorporated by reference. The system described in Claim 1 includes hardware and software, such as, but not limited to, a satellite dish, DISH Network DVR Devices, communication links and remote controls that enable Dish Network to provide multimedia programming content to customers via a satellite broadcast. The above identified hardware and software associated with a satellite broadcast satisfy the claimed multimedia data products being received via Network TV broadcast, Cable TV broadcast, or Satellite TV broadcast. See References 1, 2, and 3.



3. The system of claim 1, wherein See Claim 1, hereby incorporated by reference.

22 Reference 22: http://invidi.com/en/news/invidi-makes-this-ad-for-you/

DISH, Exh. 1008, p. 24



Infringing Feature

the specifically identified advertising data is customer specific advertising data and the customer specific advertising data is recorded in raw form by said programmable local receiver unit and subsequently processed or edited by a content filter according to preprogrammed user suitability criteria.

As described in Claim 1, Dish Network DVR Devices include a processor and software, such as Invidi addressable advertising software. The INVIDI Advatar and targeted Advertising System delivers custom and specific advertising data to customers through a combination of software resident on the Dish Network DVR Device and functionality at the Remote Server. Within the Dish Network DVR Device, Advatar software works with a processor to collect data based on user activity and demographic data. INVIDI ADS (Advertising Decision Section) Software residing on Dish Network DVR Device include an audience classifier capability. The audience classifier capability collects suitability criteria data by monitoring the end users interactions with the Dish Network DVR Device via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the DVR for enhanced security. Based on data processed at the Dish Network DVR Device, corresponding addressable advertising is sent to the Dish Network DVR Device for real time playing or storage on the DVR hard drive.

The above identified processor and software satisfies the claimed specifically identified advertising data being customer specific advertising data and the customer specific advertising data is recorded in raw form by said programmable local receiver unit and subsequently processed or edited by a content filter according to preprogrammed user suitability criteria.

See Reference 20, 21, 22, and 24.

23

23 Reference 23: http://www.dishmediasales.com/downloads/2014-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 25



Infringing Feature

24

25

24 Reference 24: http://invidi.com/en/news/addressable-tv-isn't-on-the-way-it's-arrived/ 25 Reference 25: http://itvt.com/story/4810/directvtapsinvidienablerelevantlocaladvertising

DISH, Exh. 1008, p. 26



Infringing Feature

26



4. The system of claim 3 wherein the customer specific advertising

See Claims 1 and 3, hereby incorporated by reference.

26 Reference 26: http://invidi.com/en/technology/

DISH, Exh. 1008, p. 27



Infringing Feature

data is processed or edited in multiple versions by said programmable local receiver unit which are either played in real time or stored in said at least one individually controlled and reserved advertising data storage section for subsequent playback.

As described above, Dish Network DVR Devices include a processor and associated software, such as Invidi’s addressable advertising software. The processor and associated software enable Addressable Advertising Data to merge addressable advertising data into live (real-time) digital media content during the commercial breaks, dynamically replacing the non- addressable advertisements that are contained in the original broadcast stream, or stored in the Dish Network DVR Device’s partitioned storage space for dynamic insertion at a later time.

The above identified processor and associated software satisfy the claimed customer specific advertising data being processed or edited in multiple versions by said programmable local receiver unit which are either played in real time or stored in said at least one individually controlled and reserved advertising data storage section for subsequent playback.

See Reference 18 and 19.

27

28

27 Reference 27: http://invidi.com/en/marketers/ 28 Reference 28: http://adage.com/article/dataworks/phase-addressable-advertising-understanding-tv-roi/295550/

DISH, Exh. 1008, p. 28



Infringing Feature

29

30

31


29 Reference 29: http://rocketfuel.com/dish_qa/ 30 Reference 30: http://www.invidi.com/en/technology/ 31 Reference 31: http://www.broadcastingcable.com/news/technology/directv-taps-invidi-local-ads/46909

DISH, Exh. 1008, p. 29



Infringing Feature


5. The system of claim 1 where in the specifically identified advertising data is customer specific advertising data and wherein custom software automatically analyzes one or more optimal advertising format scenarios based on one or more selected factors including total number of customers, customer profile data, customer demographics, program schedules, product showcase schedules, available advertising formats, available advertising schedules, advertising rates, ad placement timing, or cost effectiveness, and said system transmits advertising format scenarios according to a selected placement option.

See Claim 1, hereby incorporated by reference.

As described above, Dish Network DVR Devices include a processor and associated software, such as Invidi addressable advertising software. The INVIDI ADS (Advertising Decision System) software resides on Dish Network DVR Devices and includes an audience classifier capability. The audience classifier capability leverages user interactions with the Dish Network DVR Devices via remote control as well as customer profile data, including user age, gender, viewer program ratings information, income and geography. Analysis of this data is performed within the Dish Network DVR Device. From this analysis, an addressable advertising format is automatically selected to deliver addressable advertising data to a specific end user.

INVIDI’s Advatar platform integrates user data analyzed at the Dish Network DVR Device, which invokes transmission of customer specific data from components located at a the Remote Server. Specifically, INVIDI’s Advatar platform integrates Remote Server operations including scheduling, communication, distribution, and reporting with end-user Dish Network DVR Device functionality relating to audience classifiers, targeting, decision making, switching, and ad insertion.

The above identified processor and software satisfies the claimed specifically identified advertising data being customer specific advertising data and wherein custom software automatically analyzes one or more optimal advertising format scenarios based on one or more selected factors including total number of customers, customer profile data, customer demographics, program schedules, product showcase schedules, available advertising formats, available advertising schedules, advertising rates, ad placement timing, or cost effectiveness, and said system transmits advertising format scenarios according to a selected placement option.

See References 4 and 26.

DISH, Exh. 1008, p. 30



Infringing Feature

32

33



32 Reference 32: http://invidi.com/en/technology/ 33 Reference 33: http://itvt.com/story/4810/directvtapsinvidienablerelevantlocaladvertising

DISH, Exh. 1008, p. 31



Infringing Feature

6. The system of claim 5 wherein preprogrammed or spontaneously programmed advertising format scenarios are automatically analyzed by said system.


As described above, Dish Network DVR Devices includes a processor and associated software, such as Invidi software, which enables automatically and continuously updating user data based on viewing choices profile data that the INVIDI Advatar software analyzes.

The above identified processor and software enables the claimed preprogrammed or spontaneously programmed advertising format scenarios are automatically analyzed by said system.

34

35

34 Reference 34: http://www.dishmediasales.com/downloads/2014-Dish-Media-Sales-Media-Kit.pdf 35 Reference 35: http://www.dishmediasales.com/addressable/

DISH, Exh. 1008, p. 32



Infringing Feature

36



7. The system of claim 5 wherein an advertiser places a selected advertising order which activates instant or time scheduled delivery of said selected advertising order to system customers through interaction with the transaction server.


As described above, Dish Network DVR Devices includes a processor and associated software, such as Invidi software, which facilitates delivery of select and customized addressable advertising data to users based upon specific customer criteria gleaned through INVIDI’s Audience Classifier Capability.

Addressable advertising data available to advertisers through Dish Network provides custom advertisements and placement options, such as live or delayed delivery, to be delivered to Dish Network customers based on the INVIDI collected criteria, with advertisements delivered from a remote facility associated with the Remote Server but stored locally.

The above identified processor and Invidi software satisfies the claimed advertiser placing a selected

36 Reference 36: http://www.mediapost.com/publications/article/261204/dish-deploys-programmatic-linear-tv-platform-enab.html

DISH, Exh. 1008, p. 33



Infringing Feature

advertising order which activates instant or time scheduled delivery of said selected advertising order to system customers through interaction with the transaction server.


37

38

37 Reference 37: http://www.invidi.com/itc_ads_diagram.html 38 PDF – DVR Storage – Directv taps Invidi For Local Ads; http://www.broadcastingcable.com/news/technology/directv-taps-invidi-local-ads/46909

DISH, Exh. 1008, p. 34



Infringing Feature

39



8. The system of claim 5 whereby the specifically identified advertising data may be instantly or by time schedule transmitted to a selective customer base that system monitoring indicates have available advertising space within a respective individually controlled and reserved advertising data storage section within a respective programmable local receiver unit.


The above described INVIDI system employed by Dish provides specific advertising data to a targeted audience based on a specified time for airing the advertisement. Prior to delivery of the addressable advertising data, the Remote Server uses the Dish Network DVR Device to monitor whether the customer has available space within the internal memory’s partitioned storage section.

The above identified Invidi system satisfied the claimed specifically identified advertising data may be instantly or by time schedule transmitted to a selective customer base that system monitoring indicates have available advertising space within a respective individually controlled and reserved advertising data storage section within a respective programmable local receiver unit.

39 http://www.v-net.tv/dish-is-testing-programmatic-real-time-auctions-for-broadcast-linear-tv

DISH, Exh. 1008, p. 35



Infringing Feature

See References 16, 18, 28, and 29.

40

40 Reference 40: http://www.dish.com/downloads/legal/PrivacyStatement2.pdf

DISH, Exh. 1008, p. 36



Infringing Feature



17. The system of claim 5, wherein said local receiver communicates with a portable storage medium recorder/player for recording to a portable storage medium and the customer specific advertising data is recorded onto said portable storage medium.


Dish Network DVR Deceives include a processor and associated software, such as the Dish Anywhere and the Dish Hopper Transfer app that allows a customer end user to transfer digital media content from the Dish Network DVR Device to a an iOS or Android wireless phone or tablet. Dish Networks Dish’s On Point Digital addressable advertising allows for the advertising data to be promoted across multiple devices and platforms with Sling TV, Dish Anywhere and Dish Network DVR Device’s applications. With Dish Anywhere, the advertising data is dynamically inserted with digital media content transferred from the DVR receiver to the wireless device.

The above identified processor and software satisfies the claimed local receiver communicates with a portable storage medium recorder/player for recording to a portable storage medium and the customer specific advertising data is recorded onto said portable storage medium.

DISH, Exh. 1008, p. 37



Infringing Feature

41

42

41 Reference 41: http://www.dish.com/mobile/ 42 Reference 42: http://about.dish.com/press-release/products-and-services/new-dish-anywhere-app-integrates-hopper-transfers-android-ipad-a

DISH, Exh. 1008, p. 38



Infringing Feature

43


DISH, Exh. 1008, p. 39



Infringing Feature

44



23. The system of claim 5 wherein said local receiver includes a signal processor which is capable of interpreting embedded control data associated with the customer specific advertising data for


As explained above, Dish Network DVR Devices include a processor, such as the Dish Hopper’s Broadcom BCM7420 processor. The processor includes processing circuitry that reads implanted controls associated with the addressable advertising data to automatically process and download the addressable advertising data


DISH, Exh. 1008, p. 40



Infringing Feature

automatically processing and recording said data according to preprogrammed user suitability criteria.

according to audience classifier data provided by the Invidi software.

The above identified processor satisfied the claimed signal processor which is capable of interpreting embedded control data associated with the customer specific advertising data for automatically processing and recording said data according to preprogrammed user suitability criteria.

See Reference 8 and 11.



DISH, Exh. 1008, p. 41



Claims 1-7, 16-19, 23-28, 32-36, 39, 41, and 43

Customedia Technologies, L.L.C. (“Customedia”) accuses Dish Network Corporation and Dish Network, L.L.C. (collectively “Dish Network” or “Dish”) of directly and indirectly infringing claims 1-7, 16-19, 23-28, 32-36, 39, 41, and 43 of U.S. Patent No. 9,053,494 (hereinafter the “’494” Patent). Pursuant to Eastern District of Texas Local Patent Rules, Customedia provides the following claim charts.

Pursuant to Local Patent Rule 3-1, these claim charts provide Dish Network notice of identified structures, apparatus, products, devices, processes, method, acts, or other instrumentality that incorporates or reflects the recited claim elements. These claim charts are not intended to be an expert report on infringement or provide detailed analysis of the claim terms or infringement. Customedia will disclose and produce an expert report regarding infringement with appropriate analysis pursuant to the Court’s scheduling order. These charts include select evidence of infringement by Dish Network, including diagrams, web page screenshots, and other publicly available documentary evidence by way of example and not by way of limitation.



DISH, Exh. 1008, p. 42



Infringing Feature

1. A system for providing targeted advertising to a multimedia content end user, comprising:


The Dish Network system infrastructure enables the Remote Server to communicate with advertising content suppliers, including, but not limited to Invidi Technologies (“Invidi”), and Dish Network receiver devices (“Dish Network DVR Devices”) provided to Dish Network customers as part of Dish Network’s satellite television service.

Dish Network uses the system infrastructure’s communication capabilities to deliver targeted advertising to Dish Network customers.

Dish Network’s targeted advertising includes advertising data, such as, but not limited to, live and recorded commercial content addressed to specific Dish Network customers (“Addressable Advertising Data”).

Dish Network’s addressable advertising delivery services include, but are not limited to, ONPOINT Interactive Advertising, Addressable Political Advertising, ONPOINT Advanced Advertising, ONPOINT Digital Advertising, ONPOINT Direct Response Advertising, ONPOINT Latino Advertising, ONPOINT International Advertising, ONPOINT Paid Programing, and ONPOINT Strategic Partnerships.

DISH, Exh. 1008, p. 43



Infringing Feature

1

2


1_235600_webpost_9.14.15.pdf 2 Reference 2: http://files.shareholder.com/downloads/DISH/1577946624x0x787586/72A181FA-886D-424C-954B-

C6B64E3B9A76/DISH_Network_Corporation_2014_Annual_Report.pdf

DISH, Exh. 1008, p. 44



Infringing Feature

3

4

3 Reference 3: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 4 Reference 4: http://files.shareholder.com/downloads/DISH/1577946624x0x852352/6CB19730‐8B39‐4C19‐A5E7‐1AE456FE13C0/cov15‐19115‐ 1_235600_webpost_9.14.15.pdf

DISH, Exh. 1008, p. 45



Infringing Feature

5

6

5 Reference 5: https://www.mydish.com/support/satellite-to-home-diagram

6 Reference 6: https://www.mydish.com/support/fees

DISH, Exh. 1008, p. 46



Infringing Feature

7

8 9

7 Reference 7: http://www.amazon.com/Network-HOPPER-Whole-System-Built-/dp/B00BBL0X7C/ref=sr_1_7?s=tv&srs=2529290011&ie=UTF8&qid=1465174929&sr=1-7 8 Reference 8: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 9 Reference 9: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 47



Infringing Feature

10 11

12 13

10 Reference 10: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 11 Reference 11: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 12 Reference 12: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 13 Reference 13: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 48



Infringing Feature

14 15

16

14 Reference 14: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 15 Reference 15: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 16 Reference 16: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 49



Infringing Feature

17


DISH, Exh. 1008, p. 50



Infringing Feature

18

at least one storage device, wherein at least one of said at least one storage device comprises at least one address-able and reserved storage space for storing digital advertising data;

Dish Network’s DVR Devices come with memory, such as a hard drive, RAM, and Flash Memory, which together with associated software and hardware, such as a processor and INVIDI’s addressable advertising software, enable a partitioned space on the memory for storing Addressable Advertising Data. For instance, the Dish Hopper DVR includes a 2-terabyte non-removable hard drive for storage of data that can record and save up to 2,000 hours of programming, as well as 2GB of RAM, and 64MB of Flash Memory.

The above identified memory satisfies the claimed storage device, wherein at least one of said at least one storage device comprises at least one address-able and reserved storage space for storing digital advertising data.

According to INVIDI’s CEO Dave Downey, DVR storage (DTSB Storage) is partitioned for storage of advertising data. 19

18 Reference 18: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 19 Reference 19: http://www.invidi.com/index2.html (last visited June 1, 2015); https://web.archive.org/web/20150930195107/http:/www.invidi.com/index2.html (Last visited

June, 14, 2016)

DISH, Exh. 1008, p. 51



Infringing Feature

20

21

22

20 Reference 20: http://www.dish.com/dig/technology/5-unique-features-of-the-hopper/ 21 Reference 21: http://www.broadcastingcable.com/news/technology/directv-taps-invidi-local-ads/46909 22 Reference 22: https://www.washingtonpost.com/news/the-switch/wp/2014/08/22/democrats-republicans-go-after-data-driven-tv-ads-that-know-like-really-know-voters/

DISH, Exh. 1008, p. 52



Infringing Feature

23

24


Customedia asserts that the above identified storage device literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia

23 Reference 23: http://www.invidi.com/itc_ads_diagram.html; 24 Reference 24: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 53



Infringing Feature

asserts that this element is satisfied under the Doctrine of Equivalents.

at least one processor; and Dish Network DVR Devices include a processor and associated processing circuitry, such as the Dish Hopper’s Broadcom BCM7420 processor, which together with associated software and hardware, control the various functions of the device, including storage of Addressable Advertising Data.

The above identified processor and associated processing circuitry satisfy the claimed at least one processor.

25

26

25 Reference 25: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf 26 Reference 26: http://about.dish.com/press-release/products-and-services/dish-energizes-hopper-platform-giving-customers-ability-record-i

DISH, Exh. 1008, p. 54



Infringing Feature


Customedia asserts that the above identified processor literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

software implemented by said at least one processor wherein said software comprises a program to reserve said at least one addressable storage space and wherein said software further comprises a program to select particular advertising data suitable for targeting to at least one end user based upon predefined criteria data, wherein particular advertising data is stored in said at least one addressable and reserved storage space and is accessible to the at least one end user.

Dish Network DVRs Devices include software, such as INVIDI’s addressable advertising software, which together with a processor, such as the Dish Hopper’s Broadcom BCM7420 processor, enables a program to partition a space on the above describe memory for storing Addressable Advertising Data.

INVIDI’s addressable advertising software includes programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the DVR via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the DVR for enhanced security. Based on data processed at the DVR, corresponding Addresible Advertising Data is sent to the DVR for real time playing or storage on the above explained partitioned space for Addressable Advertising data located on the internal hard drive storage device.

The above identified software implemented by processors satisfies the claimed software implemented by said at least one processor wherein said software comprises a program to reserve said at least one addressable storage space and wherein said software further comprises a program to select particular advertising to at least one end user based upon predefined criteria data, wherein particular advertising data is stored in said at least one addressable and reserved storage space and is accessible to the at least one end user.

DISH, Exh. 1008, p. 55



Infringing Feature

27

28

27 Reference 27: http://invidi.com/en/news/invidi-makes-this-ad-for-you/ 28 Reference 28: http://invidi.com/en/news/addressable-tv-isn't-on-the-way-it's-arrived/

DISH, Exh. 1008, p. 56



Infringing Feature

29

30

29 Reference 29: http://www.invidi.com/itc_ads_diagram.html 30 Reference 30: http://www.invidi.com/itc_ads_diagram.html

DISH, Exh. 1008, p. 57



Infringing Feature

31

32

33

31 Reference 31: http://www.v-net.tv/dish-is-testing-programmatic-real-time-auctions-for-broadcast-linear-tv 32 Reference 32: http://www.invidi.com/itc_individuals_delivery.html (last visited on June 1, 2015) 33 Reference 33: http://itvt.com/story/4810/directvtapsinvidienablerelevantlocaladvertising

DISH, Exh. 1008, p. 58



Infringing Feature

34


DISH, Exh. 1008, p. 59



Infringing Feature

35


Customedia asserts that the above identified software and processor literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

2. The system of claim 1, further comprising an end user receiver, wherein said at least one storage device that comprises said at least one addressable and reserved storage space is located within said end user receiver.


Claim 1(a) describes memory with a partitioned space on the memory for storing Addressable Advertising Data. This memory is located internally within Dish Network DVR Devices, which are receivers as described above.

The above identified receiver and memory, satisfies the claimed limitation of an end user receiver, wherein


DISH, Exh. 1008, p. 60



Infringing Feature

said at least one storage device that comprises said at least one addressable and reserved storage space is located within said end user receiver.


Customedia asserts that the above identified receiver literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

3. The system of claim 2, further comprising a central control unit in communication with said end user receiver, wherein said central control unit processes profile data associated with the at least one end user to generate the predefined criteria data, and manages delivery of the particular advertising data to said end user receiver for automatically storing the particular advertising data in said at least one addressable and reserved storage space.


The above describe system includes a Dish Network Remote Server, along with associated software and processor located at the Remote Server, enable the Remote Server to communicate with Dish Network DVR Devices and allow the Remote Server to control and collect Dish Network customer profile data, such as age, gender, and location, and to facilitate delivery of Addressable Advertising Data stored on the partitioned storage space.

The Dish Hopper DVR is a Dish Network DVR Device that includes communication links, such as an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, which enables communication between the Remote Server and the Dish Network DVR Device.

The above identified Remote Server and associate processor and software satisfied the claimed central control unit in communication with said end user receiver, wherein said central control unit processes profile data associated with the at least one end user to generate the predefined criteria data, and manages delivery of the particular advertising data to said end user receiver for automatically storing the particular advertising data in said at least one addressable and reserved storage space.


DISH, Exh. 1008, p. 61



Infringing Feature

36


Customedia asserts that the above identifications literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.


DISH, Exh. 1008, p. 62



Infringing Feature

4. The system of claim 1, wherein the suitability criteria data is collected by at least one method selected from the group consisting of monitoring at least one activity of an end user, monitoring a search routine of an end user, monitoring a key word, monitoring an end user inquiry, monitoring a selection of media content by an end user, monitoring a selection of media content by an end user, monitoring playback of a media program, monitoring an advertising preference of an end user, monitoring a product rental or purchase by an end user, monitoring a broadcast time schedule, examining end user profile data, examining demographics, and combinations thereof.


As described in Claim 1(c), Dish Network DVRs Devices include software, such as INVIDI’s addressable advertising software, which together with a processor, such as the Dish Hopper’s Broadcom BCM7420 processor, enables a program to reserve a partitioned space on the above describe memory for storing Addressable Advertising Data.

INVIDI’s addressable advertising software includes programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control, including, but not limited to, selection and playback of movies and television programming, selection of On-Demand and Pay-Per-View purchases, as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography.

The above identified software and processor enabled monitoring functionalities satisfy the claimed limitation wherein the suitability criteria data is collected by at least one method selected from the group consisting of monitoring at least one activity of an end user, monitoring a search routine of an end user, monitoring a key word, monitoring an end user inquiry, monitoring a selection of media content by an end user, monitoring a selection of media content by an end user, monitoring playback of a media program, monitoring an advertising preference of an end user, monitoring a product rental or purchase by an end user, monitoring a broadcast time schedule, examining end user profile data, examining demographics, and combinations thereof.


DISH, Exh. 1008, p. 63



Infringing Feature

37


DISH, Exh. 1008, p. 64



Infringing Feature



5. The system of claim 1, wherein the particular advertising data is stored in said at least one addressable and reserved storage space and wherein said at least one processor comprises processing circuitry configured to dynamically merge the particular advertising data with digital media content for presenting the particular advertising to the at least one end user during playback of the digital media content.


As described in Claim 1, Dish Network DVR Devices include memory with a partitioned space for storing Addressable Advertising Data. The memory along with associated hardware and software, such as the processor described in Claim 1(b) and the Invidi software described in Claim 1(c), enable pulling the Addressable Advertising Data specific to an end-user off of the DVR storage and dynamically merging the advertising data into live and recorded digital media content during commercial breaks.

The above identified memory, processor, and software satisfy the claimed limitations of the particular advertising data being stored in said at least one addressable and reserved storage space and wherein said at least one processor comprises processing circuitry configured to dynamically merge the particular advertising data with digital media content for presenting the particular advertising to the at least one end user during playback of the digital media content.


DISH, Exh. 1008, p. 65



Infringing Feature

38

39


Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent 38 Reference 38: http://www.invidi.com/en/technology/ 39 Reference 39: http://www.broadcastingcable.com/news/technology/directv-taps-invidi-local-ads/46909

DISH, Exh. 1008, p. 66



Infringing Feature

there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

6. The system of claim 1, further comprising an end user receiver associated with the at least one end user, wherein the particular advertising data is stored in said at least one addressable and reserved storage space and wherein the particular advertising data is dynamically merged with digital media content received in real time by said receiver for the presentation of the particular advertising data during playback of the digital media content in real time.


Dish Network DVR Devices are receivers that include software and hardware, such as Invidi software and the processor described in Claim 1, that enable stored Addressable Advertising Data to merge with media content, such as live television programming.

Dish Network works with companies like INVIDI that provide software that can provide real-time linear advertising enabling advertisers to target and serve ads on an impression-by-impression level to linear TV viewers and merging Addressable Advertising Data into live linear (real-time) television. Addressable Advertising Data specific to the end user is delivered by a data supplier via satellite, recorded and stored in the end user’s DVR and merged into live (real-time) digital media content during the commercial breaks, dynamically replacing the non- addressable advertisements that are contained in the original broadcast stream.

The above identified software and processor satisfy the claimed end user receiver associated with the at least one end user, wherein the particular advertising data is stored in said at least one addressable and reserved storage space and wherein the particular advertising data is dynamically merged with digital media content received in real time by said receiver for the presentation of the particular advertising data during playback of the digital media content in real time.

See Reference 31.

40

40 Reference 40: http://invidi.com/en/marketers/

DISH, Exh. 1008, p. 67



Infringing Feature

41

41 Reference 41: http://adage.com/article/dataworks/phase-addressable-advertising-understanding-tv-roi/295550/

DISH, Exh. 1008, p. 68



Infringing Feature

42


DISH, Exh. 1008, p. 69



Infringing Feature

43



7. The system of claim 1, wherein said system manages delivery of the targeted advertising data to a selective group of end user receivers according to a selected advertising placement option, wherein said system is configured to automatically produce at least one optimal advertising placement option for delivering targeted advertising data to the at least one end user, and wherein said at least one optimal advertising placement option is based upon analysis of at


As explained in Claim 1(c), Dish Network DVR Devices include software implemented by a processor. Invidi addressable advertising software, such as the INVIDI ADS (Advertising Decision System) residing on Dish Network DVR Devices includes an audience classifier capability. The audience classifier capability leverages user interactions with the Dish Network DVR Devices via remote control as well as customer profile data, including user age, gender, viewer program ratings information, income and geography. Analysis of this data is performed within the Dish Network DVR Device. From this analysis, an addressable advertising format is automatically selected to deliver addressable advertising data to a specific end user.

INVIDI’s Advatar platform integrates user data analyzed at the Dish Network DVR Device, which invokes transmission of customer specific data from components located at a the Remote Server. Specifically, INVIDI’s Advatar platform integrates Remote Server operations including scheduling, communication,

43 Reference 43: http://rocketfuel.com/dish_qa/

DISH, Exh. 1008, p. 70



Infringing Feature

least one criteria from a group consisting of: a total number of customers, customer profile data, customer suitability data, customer demographics, available storage space within an end user receiver, available advertising formats, available advertising schedules, advertising rates, ad placement timing, program schedules, product showcase schedules, cost effectiveness, and combinations thereof.

distribution, and reporting with end-user Dish Network DVR Device functionality relating to audience classifiers, targeting, decision making, switching, and ad insertion.

The above identified software and processor at the Remote Server, satisfy the claimed limitation of the system managing delivery of the targeted advertising data to a selective group of end user receivers according to a selected advertising placement option, wherein said system is configured to automatically produce at least one optimal advertising placement option for delivering targeted advertising data to the at least one end user, and wherein said at least one optimal advertising placement option is based upon analysis of at least one criteria from a group consisting of: a total number of customers, customer profile data, customer suitability data, customer demographics, available storage space within an end user receiver, available advertising formats, available advertising schedules, advertising rates, ad placement timing, program schedules, product showcase schedules, cost effectiveness, and combinations thereof.


DISH, Exh. 1008, p. 71



Infringing Feature

44

45

The referenced software will be more specifically identified once such information is made available

44 Reference 44: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 45 Reference 45: http://www.bloomberg.com/politics/articles/2014-10-30/the-future-of-political-advertising-is-here

DISH, Exh. 1008, p. 72



Infringing Feature

pursuant to 3-1(g).


16. The system of claim 1, wherein the particular advertising data stored in said addressable and reserved storage space is located in a first end user receiver, wherein a second end user receiver is identified by a central control unit as being associated with the first end user receiver, wherein the central

control unit communicates with the second end user receiver,

and wherein the central control unit manages the delivery of

the particular advertising data to the second end user receiver.

See Claims 1 and 3, hereby incorporated by reference. Claim 1(a) describes that Dish Network DVR Devices include memory that stores Addressable Advertising Data on a partitioned space. Claim 1 also describes a Remote Server that can control and communicate with the Dish Network DVR Device. The remote server components, such as a processor; and communication links attached to the Dish Network DVR Device described in claim 3, allow for the Remote Server to communicate with the Dish Network DVR Device. The Remote Server processor and associated software are capable of identifying a second receiver device associated with the first Dish Network DVR Devices. Secondary associated receivers, include, but are not limited to Joey receivers, PCs, and iOS and Android wireless devices. Software at the Remote Server and Dish Network DVR Devices, along with a processor, enables the delivery of Addressable Advertising Data to the secondary associated receiver. The above described software satisfies the claimed limitation of the particular advertising data stored in said addressable and reserved storage space is located in a first end user receiver, wherein a second end user receiver is identified by a central control unit as being associated with the first end user receiver, wherein the central control unit communicates with the second end user receiver, and wherein the central control unit manages the delivery of the particular advertising data to the second end user receiver. See Reference 1.

DISH, Exh. 1008, p. 73



Infringing Feature

46

47

46 Reference 46: http://www.pcmag.com/article2/0,2817,2403071,00.asp 47 Reference 47: http://www.dish.com/super-joey/

DISH, Exh. 1008, p. 74



Infringing Feature

48


DISH, Exh. 1008, p. 75



Infringing Feature

49



17. The system of claim 16, wherein the particular advertising data is combined with digital media content to create combined digital media content and wherein the central control unit manages the delivery of the combined digital media

See Claims 1, 3, and 16, hereby incorporated by reference.

As described in Claim 16, the Dish Network Remote Server communicates with the Dish Network DVR Device, as well as delivers Addressable Advertising Data to the Dish Network DVR Device. Software at the Remote Server and Dish Network DVR Devices, along with a processor, enables the delivery of Addressable Advertising Data, including Addressable Advertising Data associated and merged with a particular type of video content, to the above described secondary associated receiver.

49 Reference 49: http://www.dish.com/dish-anywhere/

DISH, Exh. 1008, p. 76



Infringing Feature

content to the second end user receiver device.

See Reference 38.



18. The system of claim 16, wherein the second end user

receiver is a portable digital recorder/player, and wherein said

system maintains at least one record from a group consisting

of: identification of the second end user receiver, identification

of the portable digital recorder/player, identification of

the delivery of the particular advertising data to the second

end user receiver, identification of the particular advertising

data, account information for the at least one end user, an

access by the at least one end user of the particular advertising

data, and combination thereof.

See Claims 1, 3, and 16, hereby incorporated by reference.

Dish Network DVR Deceives include a processor and associated software, such as the Dish Anywhere and the Dish Hopper Transfer app that allows a customer end user to transfer digital media content from the Dish Network DVR Device to a an iOS or Android wireless phone or tablet. Dish Networks Dish’s On Point Digital addressable advertising allows for the advertising data to be promoted across multiple devices and platforms with Sling TV, Dish Anywhere and Dish Network DVR Device’s applications. With Dish Anywhere, the advertising data is dynamically inserted with digital media content transferred from the DVR receiver to the wireless device. The Dish Anywhere software enables Dish Network’s Remote Server and the Dish Network DVR Device to document the identification of the end user customer, identification of the associated wireless devices, and the identification and delivery of Addressable Advertising Data to the wireless device

The above identified processor and software satisfies the claimed limitation of the second end user receiver is a portable digital recorder/player, and wherein said system maintains at least one record from a group consisting of: identification of the second end user receiver, identification of the portable digital recorder/player, identification of the delivery of the particular advertising data to the second end user receiver, identification of the particular advertising data, account information for the at least one end user, an access by the at least one end user of the particular advertising data, and combination thereof.

DISH, Exh. 1008, p. 77



Infringing Feature

50

51

50 Reference 50: http://www.dish.com/mobile/ 51 Reference 51: http://about.dish.com/press-release/products-and-services/new-dish-anywhere-app-integrates-hopper-transfers-android-ipad-a

DISH, Exh. 1008, p. 78



Infringing Feature

52

53

52 Reference 52: http://about.dish.com/press-release/products-and-services/dishs-new-hopper-transfers-app-delivers-dvr-recordings-ipad-offl 53 Reference 53: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 79



Infringing Feature

54



19. A device for providing targeted advertising to an end

user, comprising:

As part of its satellite television service, Dish Network provides customers with a variety of Dish Network customer premises DVR receiver units (“Dish Network DVR Devices”), including, but not limited to:

DISH Hopper DVRs

DISH Hopper 1

DISH Hopper 2

54 Reference 54: http://www.dishanywhere.com/privacy-policy

DISH, Exh. 1008, p. 80



Infringing Feature

DISH Hopper 3

DISH Hopper with Sling

DISH Hopper 1 with Sling



DISH Sling DVRs

DISH Network DVRs

DISH Network HD DVRs

DISH Hopper Joey

DISH Hopper Super Joey

DISH Network SD-DVRs

HD-DVR ViP 722k

DuoDVR ViP 722k

HD-DVR ViP 612

Solo DVR ViP 612

HD-DVR 612RKIT

922 SlingLoaded HD-DVR ViP 222k

HD Dual Tuner ViP 222k

HD Single Tuner ViP 211k

HD-DVR 211z

DISH 211z HD DVR

SD-DVR Dual Tuner 625

DuoDVR625

SD-DVR 512

Solo DVR 512

DISH, Exh. 1008, p. 81



Infringing Feature

DuoDVR522

SD Dual Tuner 322

HD-DVR ViP 222K

SD Single Tuner 311

Duo DVR ViP 722K

Hopper HD DVR and the Joey

Dish 4k Ultra HD Joey

DISH Hopper Whole Home DVR Network

(hereinafter “Dish Network DVR Devices”)

The above devices are Dish Network DVR Devices that control Dish Network’s addressable advertising system for providing targeted advertising to end users, such as Dish Network customers. The Dish Network DVR Devices include software, including, but not limited to, INVIDI Technologies (“INVIDI”) software that enables the delivery of addressable advertising data to specific Dish Network customers.

Dish Network’s targeted advertising includes advertising data, including, but not limited to, live and recorded commercial content addressed to specific Dish Network Customers (“Addressable Advertising Data”).


Each of the above identified devices satisfies the claimed system for providing targeted advertising to a multimedia content end user.

EchoStar Corporation manufactures the Dish Network DVR Devices. Dish Network uses, offers to sell, or sells the Dish Network DVR Devices to Dish Network customers as part of Dish Network’s satellite

DISH, Exh. 1008, p. 82



Infringing Feature

television service, which includes Dish Network’s Addressable Advertising Service. Dish Network gives its customers the option of renting the Dish Network DVR Devices from Dish Network in exchange for a monthly fee, or purchasing the Dish Network DVR Device.

See References 1-18.

at least one input port for receiving digital multimedia data, wherein the digital multimedia data comprises particular advertising data for targeting to at least one end user based upon predefined criteria data associated with the

at least one end user;

Dish Network DVR Devices include communication links; for instance, the Dish Hopper contains an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, which together with associated software and hardware, such as the processor and Invidi addressable advertising software, enable a the Dish Network DVR Device to receive Addressable Advertising Data specific to an end user customer, based upon profile data such as the customer’s age, gender, or location.

The INVIDI Advatar software residing within Dish Network DVR Devices enables the delivery of custom and specific Addressable Advertising Data to consumers through a combination of software resident on the Dish Network DVR Devices and functionality at the Remote Server. The INVIDI Advatar software works with a processor to collect data based on user activity and demographic data. INVIDI ADS (Advertising Decision Section) Software residing on Dish Network DVRs include an audience classifier capability. The audience classifier capability collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the Dish Network DVR Device for enhanced security. Based on data processed at the DVR, corresponding Addressable Advertising Data is sent to the Dish Network DVR Device DVR for real time playing or storage.

The above identified communication links satisfy the claimed one input port for receiving digital multimedia data, wherein the digital multimedia data comprises particular advertising data for targeting to at least one end user based upon redefined criteria data associated with the at least one end user.

DISH, Exh. 1008, p. 83



Infringing Feature

See References 3, 23, 27, 28, 31, 32, and 34.

55

56

55 Reference 55: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf 56 Reference 56: http://www.pinkhairedgirl.com/Satellite-TV-Receivers/Hopper-and-Joey/

DISH, Exh. 1008, p. 84



Infringing Feature

57

57 Reference 57: https://www.mydish.com/support/at-the-home-diagram

DISH, Exh. 1008, p. 85



Infringing Feature

58

59

58 Reference 58: http://about.dish.com/press-release/products-and-services/dish-network-integrate-invidi-technologies-addressable-televisio 59 Reference 59: http://www.invidi.com/itc_ads_diagram.html

DISH, Exh. 1008, p. 86



Infringing Feature

60


Customedia asserts that the above identified input port literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

at least one storage device; Dish Network’s DVR Devices come with memory, such as a hard drive, RAM, and Flash Memory. For instance, the Dish Hopper DVR includes a 2-terabyte non-removable hard drive for storage of data that can record and save up to 2,000 hours of programming, as well as 2GB of RAM, and 64MB of Flash Memory.

The above identified memory satisfies the claimed storage device.



Customedia asserts that the above identified storage device literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

at least one addressable and reserved storage space for

storing the particular

As described above, Dish Network’s DVR Devices come with memory, such as a hard drive, RAM, and Flash Memory, which together with associated software and hardware, such as a processor and INVIDI’s addressable advertising software, enable a partitioned space on the memory for storing Addressable

60 Reference 60: https://www.washingtonpost.com/news/the-switch/wp/2014/08/22/democrats-republicans-go-after-data-driven-tv-ads-that-know-like-really-know-voters/

DISH, Exh. 1008, p. 87



Infringing Feature

advertising data; Advertising Data.

The above partitioned space satisfies the claimed addressable and reserved storage space for storing the particular advertising data

According to INVIDI’s CEO Dave Downey, DVR storage (DTSB Storage) is partitioned for storage of advertising data.

See References 19, 20, 21, 22, and 23.


Customedia asserts that the above identified addressable and reserved storage space literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

at least one processor configured to reserve said at least one

addressable storage space and to present the particular

advertising data to the at least one end user.

Dish Network DVRs Devices include a processor, such as the Dish Hopper’s Broadcom BCM7420 processor, which together with software, such as INVIDI’s addressable advertising software, enables a program to reserve a partitioned space on the above describe memory for storing of Addressable Advertising Data and to deliver Addressable Advertising Data to an end user customer.

INVIDI’s addressable advertising software includes programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the DVR via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the DVR for enhanced security. Based on data processed at the DVR, corresponding Addressable Advertising Data is sent to the DVR for real time playing or storage on the above

DISH, Exh. 1008, p. 88



Infringing Feature

explained partitioned space for Addressable Advertising Data located on the internal hard drive storage device.

The above identified processor and software satisfy the claimed processor configured to reserve said at least one addressable storage space and to present the particular advertising data to the at least one end user.



Customedia asserts that the above identified processor literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

23. The device of claim 19, wherein a central control unit

located remote from said device is configured to perform a

function selected from the group consisting of managing delivery of the data to the receiver, directing storage in the reserved storage space, dynamically merging with content, controlling sending an advertisement to a portable device, and combinations thereof, and wherein the central control unit processes profile data associated


The Dish Network system infrastructure includes multiple computers and servers that perform and provide various functionalities, including, but not limited to control billing, control programming, user authentication, content distribution, content delivery manager, monitor customer profile data and use of the system, and control account and user profile information. The collection of these computers and servers that perform functionalities such as the above described is the remote central control unit (“Remote Server”).

Dish Network’s Remote Server, along with associated software and hardware, such as processor at the Remote Server; and INVIDI software and communication links located on Dish Network DVR Devices, enable the Remote Server to control operations related to the Dish Network DVR Device, such as delivery and storage of Addressable Advertising Data in the partitioned space within the internal memory; dynamically merging the Addressable Advertising Data with video content; delivering and monitoring Addressable Advertising Data sent to a wireless device, such as an iOS or Android phone or tablet; and

DISH, Exh. 1008, p. 89



Infringing Feature

with the at least one end user to generate the suitability criteria data.

analyzing an end user customers profile data, such as age, gender, and location to create an audience classifier capability.

INVIDI’s addressable advertising software includes programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the Dish Network DVR Device for enhanced security. Based on data processed at the Dish Network DVR Device, corresponding addressable advertising is sent to the Dish Network DVR Device for real time playing or storage on the above explained partitioned space for Addressable Advertising Data located on the internal hard drive storage device.

The above identified Remote Server satisfied the claimed central control unit in communication with said end user receiver, wherein said central control unit processes profile data associated with the at least one end user to generate the predefined criteria data, and manages delivery of the particular advertising data to said end user receiver for automatically storing the particular advertising data in said at least one addressable and reserved storage space.

See Reference 4, 5, 34, 36, and 38.


Customedia asserts that the above central control unit literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

24. The device of claim 23, See Claims 19 and 23, hereby incorporated by reference.

DISH, Exh. 1008, p. 90



Infringing Feature

wherein the central control unit

comprises a software program to select, based upon the program

selectable criteria data associated with the at least one end user, the particular advertising data from the program selectable advertising data.

The above described Remote Server includes software programs that can receive end user profile and activity data and create Addressable Advertising Data specific to the end user.

INVIDI’s addressable advertising software includes programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the Dish Network DVR Device for enhanced security. Based on data processed at the Dish Network DVR Device, corresponding Addressable Advertising Data is sent to the Dish Network DVR Device for real time playing or storage on the above explained partitioned space for Addressable Advertising Data located on the internal hard drive storage device.

The above identified software programs satisfy the claimed limitation a software program to select, based upon the program selectable criteria data associated with the at least one end user, the particular advertising data from the program selectable advertising data.


Customedia asserts that the above identified software programs literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

25. The device of claim 19, wherein the suitability criteria

data is collected by at least one method selected from the


As described in Claim 19, Dish Network DVR Devices include software, such as INVIDI’s addressable advertising software, which together with a processor, such as the Dish Hopper’s Broadcom BCM7420

DISH, Exh. 1008, p. 91



Infringing Feature

group consisting of monitoring at least one activity of an end

user, monitoring a search routine of an end user, monitoring a key word, monitoring an end user inquiry, monitoring a selection

of media content by an end user, monitoring a selection of

television programming by an end user, monitoring playback of a media program, monitoring an advertising preference of an end user, monitoring a product rental or purchase by an end user, and combinations thereof.

processor, enables a program to reserve a partitioned space on the above describe memory for storing Addressable Advertising Data.

INVIDI’s addressable advertising software includes addressable advertising programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control, including, but not limited to, selection and playback of movies and television programming, selection of On-Demand and Pay-Per-View purchases, as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography.

The above identified software and processor enabled monitoring functionalities satisfy the claimed limitation wherein the suitability criteria data is collected by at least one method selected from the group consisting of monitoring at least one activity of an end user, monitoring a search routine of an end user, monitoring a key word, monitoring an end user inquiry, monitoring a selection of media content by an end user, monitoring a selection of television programming by an end user, monitoring playback of a media program, monitoring an advertising preference of an end user, monitoring a product rental or purchase by an end user, and combinations thereof.



Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

26. The device of claim 19, See Claim 19, hereby incorporated by reference.

DISH, Exh. 1008, p. 92



Infringing Feature

wherein the particular advertising data is stored in said addressable and reserved storage

space and wherein said at least one processor comprises processing circuitry configured to dynamically merge the particular advertising data with digital media content that is

pre-stored in said at least one storage device for presenting the

particular advertising to the at least one end user during playback of the digital media content.

As described in Claim 19, Dish Network DVR Devices include memory with a partitioned space for storing Addressable Advertising Data. The memory along with associated hardware and software, such as the processor and the Invidi software described in Claim 19, enable pulling the Addressable Advertising Data specific to an end-user off of the DVR storage and dynamically merging the advertising data into live and recorded digital media content during commercial breaks.

The above identified memory, processor, and software satisfy the claimed limitations of the particular advertising data being stored in said at least one addressable and reserved storage space and wherein said at least one processor comprises processing circuitry configured to dynamically merge the particular advertising data with digital media content for presenting the particular advertising to the at least one end user during playback of the digital media content.



Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

27. The device of claim 19, wherein the particular advertising data is stored in said addressable and reserved storage

space and wherein the particular advertising data is dynamically

merged with digital media content received in real time


Dish Network DVR Devices are receivers that include software and hardware, such as Invidi software and the processor described in Claim 19, that enable stored Addressable Advertising Data to merge with media content, such as live television programming.

Dish Network works with companies like INVIDI that provide software that can provide real-time linear advertising enabling advertisers to target and serve ads on an impression-by-impression level to linear TV

DISH, Exh. 1008, p. 93



Infringing Feature

by said receiver for the presentation of the particular advertising data during playback of the digital media content

received in real time.

viewers and merging Addressable Advertising Data into live linear (real-time) television. Addressable Advertising Data specific to the end user is delivered by a data supplier via satellite, recorded and stored in the end user’s DVR and merged into live (real-time) digital media content during the commercial breaks, dynamically replacing the non- addressable advertisements that are contained in the original broadcast stream.

The above identified software and processor satisfy the claimed end user receiver associated with the at least one end user, wherein the particular advertising data is stored in said at least one addressable and reserved storage space and wherein the particular advertising data is dynamically merged with digital media content received in real time by said receiver for the presentation of the particular advertising data during playback of the digital media content in real time.

Se References 31, 40, 41, 42, and 43.


Customedia asserts that the above identifications literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents

28. The device of claim 19, wherein the particular advertising data is configured for presentation to an end user by a

method selected from the group consisting of a dynamic

insertion of the particular advertising data in or around a user selected media program, a transfer

See Claims 1, 18, 19, and 7, hereby incorporated by reference.

Dish Network DVR Devices include a processor and software such as the INVIDI Addressable Advertising software that enables the Dish Network DVR Device to receive Addressable Advertising Data from a Remote Server. The Addressable Advertising Data can be delivered in multiple formats such dynamic ad insertion, transferring recorded digital media content and advertising data from a Dish Network DVR Device to a wireless device or secondary receiver, and Dish ONPOINT Interactive, which allows targeted customers the ability to actively engage with an advertisers brand or product. DishHOME provides customers with an interactive home menu that includes multiple addressable advertising opportunities, such as a header,

DISH, Exh. 1008, p. 94



Infringing Feature

of the particular advertising data to a second end user device, a menu screen, a header, a footer, an picture in picture, a split screen, an overlay, a keyword search item, a user selectable interactive advertisement, and combinations thereof.

scrolling ticker, picture in picture, and overlays. Dish Game Finder allows for addressable split screen ads to be delivered to the end user, so that the end user can view the targeted ad while still watching a sporting event. Dish also provides interactive applications and commercial triggers that prompt end users to select additional addressable advertising information through video and photo galleries, interactive games, on screen requests for information, and mobile extensions.

The above described Addressable Advertising Data formats satisfy the claimed limitation of particular advertising data being configured for presentation to an end user by a method selected from the group consisting of a dynamic insertion of the particular advertising data in or around a user selected media program, a transfer of the particular advertising data to a second end user device, a menu screen, a header, a footer, an picture in picture, a split screen, an overlay, a keyword search item, a user selectable interactive advertisement, and combinations thereof.

DISH, Exh. 1008, p. 95



Infringing Feature

61


DISH, Exh. 1008, p. 96



Infringing Feature

62

63

62 Reference 62: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf 63 Reference 63: http://www.dishmediasales.com/downloads/2015-Dish-Media-Sales-Media-Kit.pdf

DISH, Exh. 1008, p. 97



Infringing Feature

64


DISH, Exh. 1008, p. 98



Infringing Feature

65



32. The device of claim 19, wherein said device is a digital video recorder and wherein said at least one addressable and reserved storage space is a partitioned area of a hard disk


Dish Network DVR Devices described in Claim19 are digital video recorders that include memory with a portioned space for storing Addressable Advertising Data. The above described memory includes an internal hard drive; for instance the Dish Hopper DVR includes a 2-terabyte non-removable internal hard drive for storage of data that can record and save up to 2,000 hours of programming.


DISH, Exh. 1008, p. 99



Infringing Feature

drive.

The above identified hard drive satisfies the claimed limitation of a digital video recorder and wherein said at least one addressable and reserved storage space is a partitioned area of a hard disk drive.




Customedia asserts that the above identified digital video recorder and partitioned hard drive literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

33. A system for providing targeted advertising to a plurality

of multimedia content end users, comprising:


The Dish Network system infrastructure enables the Remote Server to communicate with advertising content suppliers, including, but not limited to Invidi Technologies (“Invidi”), and Dish Network receiver devices (“Dish Network DVR Devices”) provided to Dish Network customers as part of Dish Network’s satellite television service.

Dish Network uses the system infrastructure’s communication capabilities to deliver targeted advertising to

DISH, Exh. 1008, p. 100



Infringing Feature

Dish Network customers.

Dish Network’s targeted advertising includes advertising data, such as, but not limited to, live and recorded commercial content addressed to specific Dish Network customers (“Addressable Advertising Data”).


See References 1-18.

(a) a central control unit operably connected to an advertising

data server and in communication with a plurality of addressable and reserved storage spaces for storing digital advertising data, wherein at least one of said addressable and reserved storage spaces associated with a particular individual end user account is reserved specifically for access to said digital advertising data by at least one separate corresponding one of a plurality of end user receiver devices; and

The Remote Server includes a processor that enables communication with an advertising data server, such as Invidi Technologies. The Remote Server’s processor, along with INVIDI software, also enables communication with partitioned storage space for Addressable Advertising Data located on memory within the Dish Network DVR Devices that is specific to an end user customer.

The above identified Remote Server and associated processor and software satisfy the claimed central control unit operably connected to an advertising data server and in communication with a plurality of addressable and reserved storage spaces for storing digital advertising data, wherein at least one of said addressable and reserved storage spaces associated with a particular individual end user account is reserved specifically for access to said digital advertising data by at least one separate corresponding one of a plurality of end user receiver devices.




DISH, Exh. 1008, p. 101



Infringing Feature

pursuant to 3-1(g).

Customedia asserts that the above central control unit literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(b) at least one processor comprising software configured to

select particular advertising data based upon analysis of

suitability criteria data to produce targeted advertising

data for at least one of a plurality of end users and

software configured to reserve said plurality of storage

spaces, wherein each one of the end users is associated

with a corresponding one of the end user receiver

devices;

As explained above, the Remote Server includes a processor. This processor along with software, such as the INVIDI Addressable Advertising software enable the Remote Server to select Addressable Advertising Data based upon the analysis of audience classifier data, and to deliver addressable advertising data tailored to a specific end user’s portioned storage space for addressable advertising data located on the Dish Network DVR Device.

INVIDI’s addressable advertising system includes programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography. The processing of this user activity and demographic data remains on the Dish Network DVR Device for enhanced security. Based on data processed at the Dish Network DVR Device, the Remote Server communicates with the addressable advertising server to select and delver addressable adverting data specific to an end user customer to the partitioned space for addressable advertising within the memory located in the end user’s Dish Network DVR Device.

The above identified processor and associated software satisfy the claimed one processor comprising software configured to select particular advertising data based upon analysis of suitability criteria data to produce targeted advertising data for at least one of a plurality of end users and software configured to reserve said plurality of storage spaces, wherein each one of the end users is associated with a corresponding one of the end user receiver devices.

See References 23, 27, 28, 29, 30, 32, 34, 59

DISH, Exh. 1008, p. 102



Infringing Feature


Customedia asserts that the above processor and associated software literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(c) wherein said central control unit manages the delivery of

the targeted advertising data from the advertising data

server to one or more of the end user receiver devices.

The Dish Network Remote Server, and associate processor and software described above, enable the delivery of Addressable Advertising Data from the advertising data server, including, but not limited to Invidi Technologies, to the end user customer’s Dish Network DVR Device. The above identified Remote Server and associate processer and software satisfy the claimed central control unit managing the delivery of the targeted advertising data from the advertising data server to one or more of the end user receiver devices. See References 3, 36, 38, and 39.



34. The system of claim 33, wherein each of said addressable and reserved storage spaces are located within a corresponding one of the end user receiver devices.


Dish Network’s DVR Devices come with memory, such as a hard drive, RAM, and Flash Memory, which together with associated software and hardware, such as a processor and INVIDI’s addressable advertising software, enable a partitioned space on the memory for storing Addressable Advertising Data. For instance, the Dish Hopper DVR includes a 2-terabyte non-removable hard drive for storage of data that can record and

DISH, Exh. 1008, p. 103



Infringing Feature

save up to 2,000 hours of programming, as well as 2GB of RAM, and 64MB of Flash Memory.

The above identified Dish Network DVR Device and memory satisfy the claimed limitation of addressable and reserved storage spaces are located within a corresponding one of the end user receiver devices.





35. The system of claim 33, wherein said central control

unit is configured to process profile data to generate the suitability

criteria data for use in selecting particular advertising data suitable for targeting at least one of the end users.


As explained in Claim 33, the Dish Network Remote Server includes a processor. This processor, along with associated software explained in Claim 33, enables the Remote Server to process customer profile data, such as age, gender, and location, to create audience classifier data that enables the selection of addressable advertising data specific to an end user customer.

The above identified processor and associated software satisfies the claimed limitation of the central control unit being configured to process profile data to generate the suitability criteria data for use in selecting particular advertising data suitable for targeting at least one of the end users.


DISH, Exh. 1008, p. 104



Infringing Feature



36. The system of claim 35, wherein said central control

unit manages delivery of the particular advertising data to one

or more of said addressable and reserved storage spaces.


As explained in Claim 35, the Dish Network Remote Server includes a processor. This processor, along with associated software explained in Claim 33, enables the Remote Server to process customer profile data, such as age, gender, and location, to create audience classifier data that enables the selection of addressable advertising data specific to an end user customer. The processor and associated software also allows for the Remote Server to communicate with an adverting data server, such as Invidi Technologies, to deliver the selected addressable advertising data to the partitioned storage space explained in Claim 33.

The above identified processor and associated software satisfy the claimed limitation of the central control unit managing delivery of the particular advertising data to one or more of said addressable and reserved storage spaces.




DISH, Exh. 1008, p. 105



Infringing Feature

39. The system of claim 33, wherein the suitability criteria

data is collected by at least one method selected from the group consisting of real time monitoring at least one activity

of at least one of the end users, monitoring a search routine of

at least one of the end users, monitoring a key word, monitoring an inquiry from at least one of the end users, monitoring a selection of media content by at least one of the end users, monitoring a selection of television programming by at

least one of the end users, monitoring playback of a media

program, monitoring an advertising preference of at least one of the end users, monitoring a product rental or purchase by at

least one of the end users, and combinations thereof.

Please see Claim 33, hereby incorporated by reference.

As described in Claim 33, the Dish Network Remote Server include software, such as INVIDI’s addressable advertising software, which together with a processor located at the Remote Server allows for monitoring of user’s demographics and activity in order to gather audience classifier data.

INVIDI’s addressable advertising software includes addressable advertising programs, such as, but not limited to, the INVIDI Advatar software that works with the processor to collect data based upon an end-user’s activity and demographic data; and the INVIDI ADS (Advertising Decision Section) software that provides audience classifier capability. The software collects audience classifier data by monitoring the end users interactions with the Dish Network DVR Device via remote control, including, but not limited to, selection and playback of movies and television programming, selection of On-Demand and Pay-Per-View purchases, as well as examining end user profile data, including user age, gender, viewer program ratings information, income and geography.

The above identified software and processor enabled monitoring functionalities satisfy the claimed limitation of the suitability criteria data being collected by at least one method selected from the group consisting of real time monitoring at least one activity of at least one of the end users, monitoring a search routine of at least one of the end users, monitoring a key word, monitoring an inquiry from at least one of the end users, monitoring a selection of media content by at least one of the end users, monitoring a selection of television programming by at least one of the end users, monitoring playback of a media program, monitoring an advertising preference of at least one of the end users, monitoring a product rental or purchase by at least one of the end users, and combinations thereof.


DISH, Exh. 1008, p. 106



Infringing Feature

66



41. The system of claim 33, wherein the particular advertising data associated with at least one of the end users is

dynamically merged with digital media content to create merged digital media content that is delivered to at least one of the end users and stored in a storage space in a corresponding one of the end user receiver devices for presentation of the particular

The system described in Claim 33 including the Dish Network Remote Server, processor, advertising data server, Dish Network DVR Device, and associated software, such as the INVIDI addressable advertising software enables stored Addressable Advertising Data to merge with media content, such as live television programming.

Dish Network works with companies like INVIDI that provide software that can provide real-time linear advertising enabling advertisers to target and serve ads on an impression-by-impression level to linear TV viewers and merging Addressable Advertising Data into live linear (real-time) television. Addressable Advertising Data specific to the end user is delivered by a data supplier via satellite, recorded and stored in the end user’s DVR and merged into live (real-time) digital media content during the commercial breaks, dynamically replacing the non- addressable advertisements that are contained in the original broadcast stream.

66 Reference 66: http://www.dishmediasales.com/addressable/

DISH, Exh. 1008, p. 107



Infringing Feature

advertising data during playback of the merged digital media content.

The above identified software and processor satisfy the claimed particular advertising data associated with at least one of the end users is dynamically merged with digital media content to create merged digital media content that is delivered to at least one of the end users and stored in a storage space in a corresponding one of the end user receiver devices for presentation of the particular advertising data during playback of the merged digital media content.




43. The system of claim 33, wherein said system is configured to automatically produce at least one optimal advertising placement option for delivering targeted advertising data to at least one of the end users, wherein the at least one optimal advertising placement option is based upon analysis of at least one criteria from a group consisting of: a total number of

customers, customer profile data, customer suitability data,

customer demographics, available

See Claims 33, hereby incorporated by reference.

As explained in Claim 33, the Dish Network Remote Server includes a processor and associated software. Invidi addressable advertising software, such as the INVIDI ADS (Advertising Decision System) includes an audience classifier capability. The audience classifier capability leverages user interactions with the Dish Network DVR Devices via remote control as well as customer profile data, including user age, gender, viewer program ratings information, income and geography. Analysis of the audience classifier data is performed within the Dish Network DVR Device. From this analysis, an addressable advertising format is automatically selected to deliver addressable advertising data to a specific end user.

INVIDI’s Advatar platform integrates user data analyzed at the Dish Network DVR Device, which invokes transmission of customer specific data from components located at the Remote Server. Specifically, INVIDI’s Advatar platform integrates Remote Server operations including scheduling, communication, distribution, and reporting with end-user Dish Network DVR Device functionality relating to audience

DISH, Exh. 1008, p. 108



Infringing Feature

storage space within at

least one of the end user receiver devices, available advertising

formats, available advertising schedules, advertising rates, ad placement timing, program schedules, product showcase schedules, cost effectiveness, and combinations thereof.

classifiers, targeting, decision making, switching, and ad insertion.

The above identified software and processor at the Remote Server, satisfy the claimed limitation of the system being configured to automatically produce at least one optimal advertising placement option for delivering targeted advertising data to at least one of the end users, wherein the at least one optimal advertising placement option is based upon analysis of at least one criteria from a group consisting of: a total number of customers, customer profile data, customer suitability data, customer demographics, available storage space within at least one of the end user receiver devices, available advertising formats, available advertising schedules, advertising rates, ad placement timing, program schedules, product showcase schedules, cost effectiveness, and combinations thereof.


67



67 Reference 67: http://www.bloomberg.com/politics/articles/2014-10-30/the-future-of-political-advertising-is-here

DISH, Exh. 1008, p. 109



Claims 1, 9, 10, and 13-16

Customedia Technologies, L.L.C. (“Customedia”) accuses Dish Network Corporation and Dish Network, L.L.C. (collectively “Dish Network” or “Dish”) of directly and indirectly infringing claims 1, 9, 10, and 13-16 of U.S. Patent No. No. 7,840,437 (hereinafter the “’437” Patent). Pursuant to Eastern District of Texas Local Patent Rules, Customedia provides the following claim charts.

Pursuant to Local Patent Rule 3-1, these claim charts provide Dish Network notice of identified instrumentalities that incorporates or reflects the recited claim elements. These claim charts are not intended to be an expert report on infringement or provide detailed analysis of the claim terms or infringement. Customedia will disclose and produce an expert report regarding infringement with appropriate analysis pursuant to the Court’s scheduling order. These charts include select evidence of infringement by Dish Network, including diagrams, web page screenshots, and other publicly available documentary evidence by way of example and not by way of limitation.



DISH, Exh. 1008, p. 110



Infringing Feature

1. A system for the processing, recording, and playback of audio or video data, comprising:

As part of its satellite television service, Dish Network provides customers with a variety of Dish Network customer premises DVR receiver units (Dish Network DVR Devices”), including, but not limited to:

DISH Hopper DVRs DISH Hopper 1 DISH Hopper 2 DISH Hopper 3 DISH Hopper with Sling DISH Hopper 1 with Sling DISH Hopper 2 with Sling DISH Hopper 3 with Sling DISH Sling DVRs DISH Network DVRs DISH Network HD DVRs DISH Hopper Joey DISH Hopper Super Joey DISH Network SD-DVRs HD-DVR ViP 722k DuoDVR ViP 722k HD-DVR ViP 612 Solo DVR ViP 612 HD-DVR 612RKIT 922 SlingLoaded HD-DVR ViP 222k HD Dual Tuner ViP 222k HD Single Tuner ViP 211k HD-DVR 211z DISH 211z HD DVR SD-DVR Dual Tuner 625 DuoDVR625 SD-DVR 512 Solo DVR 512 DuoDVR522

DISH, Exh. 1008, p. 111



Infringing Feature

SD Dual Tuner 322 HD-DVR ViP 222K SD Single Tuner 311 Duo DVR ViP 722K Hopper HD DVR and the Joey Dish 4k Ultra HD Joey DISH Hopper Whole Home DVR Network


Each of the above Dish Network DVR Devices control Dish Network’s system for processing, recording, and playback of basic satellite subscription video content, premium network video content, rented video content, and On Demand and Pay-Per-View offerings (“Video Content”). The defined Video Content satisfies as the claimed audio or video data.

Each of the above identified devices satisfies the claimed system for receiving, processing and playback of audio or video data.

EchoStar Corporation manufactures the Dish Network DVR Devices. Dish Network uses, offers to sell, or sells the Dish Network DVR Devices to Dish Network customers as part of Dish Network’s satellite television service. Dish Network gives its customers the option of renting the Dish Network DVR Devices from Dish Network in exchange for a monthly fee, or purchasing the Dish Network DVR Device.

1


1_235600_webpost_9.14.15.pdf

DISH, Exh. 1008, p. 112



Infringing Feature

2

3

4

(a) a receiver apparatus for receiving audio or video data from at least one data feed;

Dish Network DVR Devices are receivers, which together with associated software and hardware, such as a microprocessor, enable the device to receive Video Content, via a data feed, such as satellite or internet.

The above identified DVR receivers satisfy the claimed receiver apparatus for receiving audio or video data from at least one data feed.

2 Reference 2: http://dish.client.shareholder.com/sec.cfm?CIKPassed=&DocType=Annual&Year= 3 Reference 3: https://www.mydish.com/support/fees 4 Reference 4: http://www.amazon.com/Network-HOPPER-Whole-System-Built-/dp/B00BBL0X7C/ref=sr_1_7?s=tv&srs=2529290011&ie=UTF8&qid=1465174929&sr=1-7

DISH, Exh. 1008, p. 113



Infringing Feature

5

6

7

5 Reference 5: http://files.shareholder.com/downloads/DISH/1577946624x0x787586/72A181FA-886D-424C-954B-

C6B64E3B9A76/DISH_Network_Corporation_2014_Annual_Report.pdf 6 Reference 6: http://about.dish.com/company-info 7 Reference 7: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 114



Infringing Feature

8


Customedia asserts that the above identified receiver apparatus literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(b) memory circuitry comprising a storage device built in to the system and which is not removable from the system;

Dish Network’s DVR Devices come with internal hard drive, RAM, and Flash Memory. This memory is used to store hours of Video Content.

The above identified memory, including associated software satisfy the claimed memory circuitry comprising a storage device built in to the system and which is not removable from the system.

9

8 Reference 8: http://about.dish.com/press-release/products-and-services/dish-energizes-hopper-platform-giving-customers-ability-record-i 9 Reference 9: http://www.dish.com/dig/technology/5-unique-features-of-the-hopper/

DISH, Exh. 1008, p. 115



Infringing Feature

10


Customedia asserts that the above identified memory circuitry comprising a storage device literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(c) processing circuitry for processing the data and for storing the processed data in the built in storage device;

Dish Network DVRs Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the various control functions of the device, including the processing and storing of Video Content on the above described storage device. described above. The processor and associated operating system executes software that performs the various control functions of the device, including the downloading, playback, and transfer functionalities.

The above identified microprocessor and associated software satisfies the claimed processing circuitry for processing the data and for storing the processed data in the built in storage device.

10 Reference 10: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 116



Infringing Feature

11

12


Customedia asserts that the above identified processing circuitry literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(d) a user interface operatively connected to the processing circuitry for programming which

Dish Network’s DVR Devices include a user interface, for example in the form of a graphical tile-based user menu, Universal UHF/IR user hand-held remote control, and programming and control buttons located on the exterior of the device, which together with associated software and hardware, such as the processor and

11 Reference 11: http://dish.client.shareholder.com/releasedetail.cfm?releaseid=809146 12 Reference 12: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 117



Infringing Feature

processing functions are to be applied to the received data by the processing circuitry;

associated processing circuitry described above, allow the end user customer to program the Dish Network DVR Device’s processing functionalities, such as playback and downloading of Video Content.

The above identified graphical tile-based user menu, hand-held remote control, and programming and control buttons on the exterior of Dish Network DVR Devices satisfy the claimed user interface operatively connected to the processing circuitry for programming which processing functions are to be applied to the received data by the processing circuitry.

For example, the Dish Network customer is presented with a screen such as that presented below to order

DISH, Exh. 1008, p. 118



Infringing Feature

Video On Demand content by remote.

13

14

13 Reference 13: http://www.dish.com/dig/technology/user-interface-improvements-of-the-hopper/ 14 Reference 14: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 119



Infringing Feature

15

Referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

Customedia asserts that the above identified user interface literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(e) playback circuitry, which reads the data from the built in storage device and which converts the data to electronic signals for driving a playback apparatus; and

Dish Network DVR Devices contain a microprocessor, such as the Broadcom BCM7420 processor, that enables a device to read Video Content from memory. This identified processor is the playback circuity, which together with associated software and hardware, are capable of receiving Video Content from Dish Network. Once received, the Video Content is converted to digital form, stored on the device’s memory circuitry described above, read from the memory circuitry, processed by the processing circuity, and played back through the playback circuitry and output to the customer’s attached television.

The above identified microprocessor and associated software satisfies the claimed playback circuitry, which

15 Reference 15: http://www.dish.com/dig/technology/user-interface-improvements-of-the-hopper/

DISH, Exh. 1008, p. 120



Infringing Feature

reads the data from the built in storage device and which converts the data to electronic signals for driving a playback apparatus.

16

17


16 Reference 16: https://www.mydish.com/support/products/hopper/receiver-manuals; PROD114+Hopper+Features+Booklet%20(1).pdf 17 Reference 17: http://www.dish.com/hopper/

DISH, Exh. 1008, p. 121



Infringing Feature

pursuant to 3-1(g).

Customedia asserts that the above identified playback circuitry literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(f) a microprocessor having software programming to control the operation of the processing circuitry and the playback circuitry enabling the recording of rented data and enacting a simulated return of said rented data by deleting or scrambling said data from said built in storage device or blocking further access to said data,

Dish Network DVRs Devices include a microprocessor with processing circuitry, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software to control the operations of the memory and playback circuitry explained above. The processor and associated operating system executes software that performs the various functions of the device, including the downloading, playback, and simulated return of rented content, such as Dish network On-Demand and Pay-Per-View offerings.

Content may be rented through Dish’s Pay-Per-View or On Demand offerings. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as he would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR. Once you begin viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. Upon expiration of the previously mentioned viewing periods, a simulated return of the rented data occurs to Dish Network via the user being denied access to view the movie or television show via deleting or scrambling of the data, and the title disappearing from the user’s Dish Network library.

The above identified microprocessor satisfies the claimed microprocessor having software programming to control the operation of the processing circuitry and the playback circuitry enabling the recording of rented data and enacting a simulated return of said rented data by deleting or scrambling said data from said built in storage device or blocking further access to said data.


DISH, Exh. 1008, p. 122



Infringing Feature

18

19

18 Reference 18: http://dish.client.shareholder.com/releasedetail.cfm?releaseid=809146 19 Reference 19: http://www.mydish.com/support/drm?KBID=62461&WT.svl=gsearch_results&_ga=1.142482103.425631511.1415040332;

http://www.satellitetvwiz.com/400/dish-network/digital-rights-management-drm-in-dish-network

DISH, Exh. 1008, p. 123



Infringing Feature

20

21

22

20 Reference 20: http://www.satellitetvwiz.com/400/dish-network/digital-rights-management-drm-in-dish-network 21 Reference 21: https://www.mydish.com/support/use-vod 22 Reference 22: https://www.mydish.com/support/services/tv/pay-per-view/movies

DISH, Exh. 1008, p. 124



Infringing Feature

23


Customedia asserts that the above identified microprocessor and associated software literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(g) and notifying a data supplier of said simulated return.

Dish Network notifies the user that the rented data’s title must be deleted from the end user’s “My Recording” list at the end of a viewing period; as such, Dish Network is notified of the expiration of the viewing period.

23 Reference 23: https://www.mydish.com/support/drm

DISH, Exh. 1008, p. 125



Infringing Feature

See Reference 23.

The above identified notification satisfies the claimed notifying a data supplier of said simulated return.


Customedia asserts that the above identified notification literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

9. The system of claim 1, wherein said system records said rented data onto a portable storage device and allows no more than a specified number of audio, video, or music programs to be recorded onto said portable storage device.

See Claim 1, hereby incorporated by reference. Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Video Content, that is downloaded and stored on the device’s above described memory circuitry, to an end user customer’s portable playback devices, including, but not limited, to a HopperGo, PC or iOS and Android wireless phones and tablets. Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the above described rented content transferred with the restriction related data, such as limited number of transfers. The above identified processor and software satisfies the claimed system recording said rented data onto a portable storage device and allows no more than a specified number of audio, video, or music programs to be recorded onto said portable storage device.

DISH, Exh. 1008, p. 126



Infringing Feature

24


Customedia asserts that the above identification literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

10. The system of claim 9, wherein said portable storage device is one from the following group consisting of a compact disk, a mini-disk, a DVD, a digital memory card, a PDA, portable digital recorder/player, palm held computer, a Palm Pilot, a portable PC, and a wireless phone.

See Claim 9, hereby incorporated by reference. As described in Claim 9, Dish Network DVR Devices are capable of transferring recordings to portable storage devices. The portable storage devices include, but are not limited to, PCs, HopperGo, and iOS and Android wireless phones and tablets. The above described portable storage devices satisfy the claimed portable storage device being one from the following group consisting of a compact disk, a mini-disk, a DVD, a digital memory card, a PDA, portable digital recorder/player, palm held computer, a Palm Pilot, a portable PC, and a wireless phone.

25

24 Reference 24: http://about.dish.com/press-release/products-and-services/dishs-new-hopper-transfers-app-delivers-dvr-recordings-ipad-offl

DISH, Exh. 1008, p. 127



Infringing Feature


Customedia asserts that the above identified portable storage device literally satisfies this claim clement. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

13. The system of claim 9, wherein the enacting of a simulated return of said rented data by deleting or scrambling said data from said non movable storage device or blocking further access to said data, additionally requires the deleting or scrambling of the rented data from said portable storage device on which the rented data has been recorded or blocking further access to said data.

See Claims 1 and 9, hereby incorporated by reference. As described above, Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Video Content, that is downloaded and stored on the device’s above described memory circuitry, to an end user customer’s portable playback devices, including, but not limited, to a HopperGo, PC or iOS and Android wireless phones and tablets. Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the above described rented content transferred with the restriction related data, such as a simulated return further denying access of the rented content transferred to the portable storage device and deleting the rented content. The above identified processor and software satisfies the claimed enacting of a simulated return of said rented data by deleting or scrambling said data from said non movable storage device or blocking further access to said data, additionally requires the deleting or scrambling of the rented data from said portable storage device on which the rented data has been recorded or blocking further access to said data.

25 Reference 25: http://about.dish.com/press-release/products-and-services/new-dish-anywhere-app-integrates-hopper-transfers-android-ipad-a

DISH, Exh. 1008, p. 128



Infringing Feature

26

27



14. The system of claim 13, wherein the portable storage device is connected to the processing circuitry for the deleting or scrambling of the rented data from said portable storage device on which the rented data has been recorded or for the blocking of further access to said

See Claim 13, hereby incorporated by reference. As described above, Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Video Content, that is downloaded and stored on the device’s above described memory circuitry, to an end user customer’s portable playback devices, including, but not limited, to a HopperGo, PC or iOS and Android wireless phones and tablets.

26 Reference 26: http://www.techhive.com/article/2061190/dish-expanding-offline-dvr-viewing-to-ios-android-apps.html

27 Reference 27: http://www.dishanywhere.com/faqs

DISH, Exh. 1008, p. 129



Infringing Feature

data. Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the above described rented content transferred with the restriction related data, such as a simulated return further denying access of the rented content transferred to the portable storage device and deleting the rented content. The above identified processor and software satisfies the claimed portable storage device being connected to the processing circuitry for the deleting or scrambling of the rented data from said portable storage device on which the rented data has been recorded or for the blocking of further access to said data.



15. The system of claim 14, wherein the rented data is transferred to the portable storage device from the non-movable storage device by the processing circuitry and the processing circuitry adds copy protection and identification to the data transferred to the portable storage device, and wherein the processing circuitry confirms that the rented data deleted or scrambled on the portable storage device or from which access is blocked is the copy transferred from the non-movable storage device to the portable storage device.

See Claim 14, hereby incorporated by reference. Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Video Content, that is downloaded and stored on the device’s above described memory circuitry, to an end user customer’s portable playback devices, including, but not limited, to a HopperGo, PC or iOS and Android wireless phones and tablets. Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the above described rented content transferred with the restriction related data, such as limited number of transfers simulated returns described above. The above identified processor and software satisfies the claimed system recording said rented data onto a portable storage device and allows no more than a specified number of audio, video, or music programs to be recorded onto said portable storage device.


DISH, Exh. 1008, p. 130



Infringing Feature

pursuant to 3-1(g).


16. The system of claim 1, wherein said rented data is received from a broadcast data source consisting of radio, UHF/VHF, Network TV, cable, satellite or Internet broadcasts.

See Claim 1, hereby incorporated by reference. Dish Network DVR Devices are receivers that include communication links, including, but not limited to, such as an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, which along with a processor and associated software, enable rented content to be received from a satellite and internet feed.

28




DISH, Exh. 1008, p. 131



Claims 1-4, 6-9, 12-15, 19-22, 25-28, 30-32, 35-39, 41, 46-48, 53-54, 58-61, 63-65, 68, 70, 72-76, 78-80, and 82-84

Customedia Technologies, L.L.C. (“Customedia”) accuses Dish Network Corporation and Dish Network, L.L.C. (collectively “Dish Network” or “Dish”) of directly and indirectly infringing claims 1-4, 6-9, 12-15, 19-22, 25-28, 30-32, 35-39, 41, 46-48, 53-54, 58-61, 63-65, 68, 70, 72-76, 78-80, 82-84 of U.S. Patent No. 8,955,029 (hereinafter the “’029” Patent). Pursuant to Eastern District of Texas Local Patent Rules, Customedia provides the following claim charts.

Pursuant to Local Patent Rule 3-1, these claim charts provide Dish Network notice of identified structures, apparatus, products, devices, processes, method, acts, or other instrumentality that incorporates or reflects the recited claim elements. These claim charts are not intended to be an expert report on infringement or provide detailed analysis of the claim terms or infringement. Customedia will disclose and produce an expert report regarding infringement with appropriate analysis pursuant to the Court’s scheduling order. These charts include select evidence of infringement by Dish Network, including diagrams, web page screenshots, and other publicly available documentary evidence by way of example and not by way of limitation.



DISH, Exh. 1008, p. 132



Infringing Feature

1. A system for receiving, processing and playback of limited-use digital data, comprising:


DISH Hopper DVRs

DISH Hopper 1

DISH Hopper 2

DISH Hopper 3

DISH Hopper with Sling




DISH Sling DVRs

DISH Network DVRs

DISH Network HD DVRs

DISH Hopper Joey

DISH Hopper Super Joey

DISH Network SD-DVRs

HD-DVR ViP 722k

DuoDVR ViP 722k

HD-DVR ViP 612

Solo DVR ViP 612

HD-DVR 612RKIT

922 SlingLoaded HD-DVR ViP 222k

HD Dual Tuner ViP 222k

HD Single Tuner ViP 211k

HD-DVR 211z

DISH, Exh. 1008, p. 133



Infringing Feature

DISH 211z HD DVR

SD-DVR Dual Tuner 625

DuoDVR625

SD-DVR 512

Solo DVR 512

DuoDVR522

SD Dual Tuner 322

HD-DVR ViP 222K

SD Single Tuner 311

Duo DVR ViP 722K

Hopper HD DVR and the Joey

Dish 4k Ultra HD Joey

DISH Hopper Whole Home DVR Network


The above devices are Dish Network DVR Devices that control Dish Network’s system for receiving, processing, and playback of basic satellite subscription video content, premium network video content, rented video content, and On Demand and Pay-Per-View offerings (“Video Content”). The defined Video Content satisfies as the claimed limited use digital data.

Each of the above identified devices satisfies the claimed system for receiving, processing and playback of limited-use digital data.

EchoStar Corporation manufactures the Dish Network DVR Devices. Dish Network uses, offers to sell, or sells the Dish Network DVR Devices to Dish Network customers as part of Dish Network’s satellite television service. Dish Network gives its customers the option of renting the Dish Network DVR Devices

DISH, Exh. 1008, p. 134



Infringing Feature

from Dish Network in exchange for a monthly fee, or purchasing the Dish Network DVR Device.

1

2

3


1_235600_webpost_9.14.15.pdf 2 Reference 2: http://dish.client.shareholder.com/sec.cfm?CIKPassed=&DocType=Annual&Year= 3 Reference 3: https://www.mydish.com/support/fees

DISH, Exh. 1008, p. 135



Infringing Feature

4

circuitry for receiving limited-use digital data;

Dish Network DVR Devices are receivers that include a microprocessor and associated processing circuitry, such as the Dish Hopper’s Broadcom BCM7420 processor, which together with associated software and hardware, enables the device to download Video Content. The above identified microprocessor and associated processing circuitry including associated software, within each Dish Network DVR Device, satisfies the claimed circuitry for receiving limited-use digital data element.

5

4 Reference 4: http://www.amazon.com/Network-HOPPER-Whole-System-Built-/dp/B00BBL0X7C/ref=sr_1_7?s=tv&srs=2529290011&ie=UTF8&qid=1465174929&sr=1-7 5 Reference 5: http://files.shareholder.com/downloads/DISH/1577946624x0x787586/72A181FA-886D-424C-954B-

C6B64E3B9A76/DISH_Network_Corporation_2014_Annual_Report.pdf

DISH, Exh. 1008, p. 136



Infringing Feature

6

7

6 Reference 6: http://about.dish.com/company-info 7 Reference 7: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 137



Infringing Feature

8 The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified circuitry for receiving literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

memory circuitry for storing the limited-use digital data as stored limited-use digital data;

Dish Network’s DVR Devices come with a hard drive, RAM, and Flash Memory. This memory is used to store hours of Video Content.

The above identified memory circuitry, including associated software satisfy the claimed memory circuitry for storing limited-use digital data as stored limited-use digital data element.

9

8 Reference 8: http://about.dish.com/press-release/products-and-services/dish-energizes-hopper-platform-giving-customers-ability-record-i

DISH, Exh. 1008, p. 138



Infringing Feature

10


Customedia asserts that the above identified memory circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

playback circuitry that reads the stored limited-use digital data from said memory circuitry and converts the stored limited-use digital data to electronic signals for driving a playback device;

Dish Network DVR Devices contain a microprocessor, such as the Broadcom BCM7420 processor, that enables a device to read Video Content from memory. This identified processor is the playback circuity, which together with associated software and hardware, are capable of receiving Video Content from Dish Network. Once received, the Video Content is converted to digital form, stored on the device’s memory circuitry described above, read from the memory circuitry, processed by the processing circuity, and played back through the playback circuitry and output to the customer’s attached television. The above identified microprocessor and associated software satisfies the claimed playback circuitry element

9 Reference 9: http://www.dish.com/dig/technology/5-unique-features-of-the-hopper/ 10 Reference 10: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 139



Infringing Feature

that reads the stored limited-use digital data from said memory circuitry and converts the stored limited-use digital data to electronic signals for driving a playback device.

11

12

11 Reference 11: https://www.mydish.com/support/products/hopper/receiver-manuals; PROD114+Hopper+Features+Booklet%20(1).pdf

DISH, Exh. 1008, p. 140



Infringing Feature

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified playback circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

processing circuitry comprising software to control operations of said memory circuitry and said playback circuitry and to control at least one operation performed upon the stored limited-use digital data as permitted by at least one restriction on the use of the limited-use digital data;

Dish Network DVRs Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the operations of the memory and playback circuitry described above. The processor and associated operating system executes software that performs the various control functions of the device, including the downloading, playback, and transfer functionalities. Operations performed upon the stored Video Content include, but are not limited to, playback of stored Video Content and transfer of the Video Content from the user’s DVR to an associated portable device, such as PCs and iOS or Android wireless phones and tablets. The transferred limited-use digital data contains restrictions, such as Digital Rights Management limiting one transfer per recording, and protection mechanisms providing security for delivery of premium content through the entre DISH Network, including set-top-boxes, mobile phones, and tablets. The Video Content transferred from the DVR to a portable device is restricted to one transfer per recording. In addition, when a title is transferred from a Dish DVR to a portable device, it disappears from the DVR’s library once it is moved to an associated portable device. Dish Network DVR Devices also restrict the playback of the stored digital data by limiting the time in which the user has to watch the downloaded Video Content. For example, with Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as the user would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to the user’s DVR. Once a user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, Video Content can be recorded to the user’s DVR and saved for viewing for a limited amount of time (usually

12 Reference 12: http://www.dish.com/hopper/

DISH, Exh. 1008, p. 141



Infringing Feature

three to six months) before the Video Content expires. Similarly, Video Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. The above identified microprocessor and associated software satisfies the claimed processing circuitry element comprising software to control operations of said memory circuitry and said playback circuitry and to control at least one operation performed upon the stored limited-use digital data as permitted by at least one restriction on the use of the limited-use digital data. See References 7 and 11.

13

14

13 Reference 13: http://dish.client.shareholder.com/releasedetail.cfm?releaseid=809146 14 Reference 14: http://www.dish.com/dig/technology/5-unique-features-of-the-hopper

DISH, Exh. 1008, p. 142



Infringing Feature

15

16

17

15 Reference 15: http://about.dish.com/press-release/products-and-services/new-dish-anywhere-app-features-transfers-android-ipad-and-iphone 16 Reference 16: http://mashable.com/2013/01/30/dish-hopper/#ZMgyNsJodkqu 17 Reference 17: http://www.technologytell.com/hometech/99990/review-dish-hopper-with-sling/

DISH, Exh. 1008, p. 143



Infringing Feature

18

19

20

18 Reference 18: http://about.dish.com/press-release/products-and-services/dishs-new-hopper-transfers-app-delivers-dvr-recordings-ipad-offl 19 Reference 19: http://www.echostar.com/NewsEvents/PressReleases/PressRelease.aspx?prid=1268

DISH, Exh. 1008, p. 144



Infringing Feature

21

22

23

20 Reference 20: http://www.mydish.com/support/drm?KBID=62461&WT.svl=gsearch_results&_ga=1.142482103.425631511.1415040332;

http://www.satellitetvwiz.com/400/dish-network/digital-rights-management-drm-in-dish-network 21 Reference 21: http://www.satellitetvwiz.com/400/dish-network/digital-rights-management-drm-in-dish-network 22 Reference 22: https://www.mydish.com/support/use-vod 23 Reference 23: https://www.mydish.com/support/services/tv/pay-per-view/movies

DISH, Exh. 1008, p. 145



Infringing Feature

24

25

24 Reference 24: https://www.mydish.com/support/drm 25 Reference 25: http://www.techhive.com/article/2061190/dish-expanding-offline-dvr-viewing-to-ios-android-apps.html

DISH, Exh. 1008, p. 146



Infringing Feature

26 The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified processing circuitry comprising software literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

a user interface operatively connected to said processing circuitry for programming one or more processing functions to be performed by said processing circuitry; and

Dish Network’s DVR Devices include a user interface, for example in the form of a graphical tile-based user menu, Universal UHF/IR user hand-held remote control, and programming and control buttons located on the exterior of the device, which together with associated software and hardware, such as the processor and associated processing circuitry described above, allow the end user customer to control the Dish Network DVR Device’s functionalities, such as playback and downloading of Video Content.

The above identified graphical tile-based user menu, hand-held remote control, and programming and control buttons on the exterior of Dish Network DVR Devices satisfy the claimed user interface operatively connected to said processing circuitry for programming one or more processing functions to be performed by said processing circuitry element.

For example, the Dish Network customer is presented with a screen such as that presented below to order Video On Demand content by remote.

26 Reference 26: http://www.dishanywhere.com/faqs

DISH, Exh. 1008, p. 147



Infringing Feature

27

28

27 Reference 27: http://www.dish.com/dig/technology/user-interface-improvements-of-the-hopper/ 28 Reference 28: http://forums.solidsignal.com/docs/Hopper%20with%20Sling%20Spec%20Sheet.pdf

DISH, Exh. 1008, p. 148



Infringing Feature

29


Customedia asserts that the above identified user interface literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

at least one digital output operatively connected to said processing circuitry that communicates with a data supplier to allow monitoring by the data supplier of the at least one

Dish Network DVR Devices include digital outputs; for instance, the Dish Hopper contains an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, which together with associated software and hardware, such as the processor and associated processing circuitry described above, enable a data supplier, such as Dish Network, to monitor the end user customer’s operation of the Dish Network DVR Device, including the playback, downloading, and transfer functionalities, in accordance with the restrictions described above.

29 Reference 31: http://www.dish.com/dig/technology/user-interface-improvements-of-the-hopper/

DISH, Exh. 1008, p. 149



Infringing Feature

operation performed upon the stored limited-use digital data as permitted by the at least one restriction on the use of the limited-use digital data;

Dish Network collects technical and personal data associated with the subscriber’s use of the Dish DVR and the stored Video Content. This information is communicated to Dish Network via the DVR, to at least in part allow Dish Network to monitor use and the playing of the device. The above identified digital outputs included on Dish Network DVR Devices satisfy the claimed digital output operatively connected to said processing circuitry that communicates with a data supplier to allow monitoring by the data supplier of the at least one operation performed upon the stored limited-use digital data as permitted by the at least one restriction on the use of the limited-use digital data.

30


DISH, Exh. 1008, p. 150



Infringing Feature

31

31 Reference 31: http://www.dishanywhere.com/privacy-policy

DISH, Exh. 1008, p. 151



Infringing Feature

32 Referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital output literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

wherein said processing circuitry further comprises a program for transferring to a portable playback device the stored limited-use digital data and control data for use by the portable playback device for performing a virtual return of the limited-use digital data that has been transferred to the portable playback device.

As described in Claim 1(d), Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Video Content that is downloaded and stored on the device’s above described memory circuitry to an end user customer’s portable playback devices, including, but not limited, to a PC or iOS and Android wireless phones and tablets. Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the Video Content transferred with the restriction related data, such as limited number of transfers or the limited viewing period of the downloaded Video Content. Video Content is downloaded (stored) in the device’s memory.


DISH, Exh. 1008, p. 152



Infringing Feature

Dish Network restricts the time in which the user has to watch the downloaded Video Content . For example, with Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as the user would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Video Content recording restrictions allow a user to record Pay-Per-View movies to the user’s DVR. Once the user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to the user’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the Video Content expires. Similarly, Video Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the Video Content expires. In addition, Dish Hopper’s PrimeTime Anytime feature allows for prime time recordings to be accessed for 8 days from their initial airdate before the recordings expire. Upon expiration of the previously mentioned viewing periods, the Video Content is virtually returned to Dish Network via the user being denied access to view the Video Content and the title disappearing from the user’s Dish Network library. The Dish Hopper transfer feature within the Dish Anywhere App, satisfies the claimed program for transferring to a portable playback device the stored limited-use digital data and control data for use by the portable playback device for performing a virtual return of the limited-use digital data that has been transferred to the portable playback device. See References 15, 18, 19, 20, 22, 23, 24, 25, and 26.

33 The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

33 Reference 33: https://www.mydish.com/support/products/hopper/receiver-manuals; PROD114+Hopper+Features+Booklet.pdf

DISH, Exh. 1008, p. 153



Infringing Feature

Customedia asserts that the above identified program literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

2. The system of claim 1, wherein the at least one operation performed upon the stored limited-use digital data is an operation selected from a group consisting of a download, a playback, a copy, a deletion, a virtual return, and combinations thereof.

See Claim 1, hereby incorporated by reference. As described in Claim 1(d), Dish Network DVRs Devices include a microprocessor with processing circuitry, and associated software and hardware, that control the operations performed upon stored Video Content, including, but not limited the download, playback, and virtual return functionalities described above. The above identified functionalities performed upon Video Content satisfy the claimed operation performed upon the stored limited-use digital data is an operation selected from a group consisting of a download, a playback, a copy, a deletion, a virtual return, and combinations thereof. See Reference 11. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified operation literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

3. The system of claim 1, wherein said memory circuitry comprises at least one high capacity storage device for storing the limited-use digital data and wherein the at least one restriction comprises a restriction defining a time period during which the stored limited-use digital data may be accessed.

See Claim 1, hereby incorporated by reference. As described in Claim 1(b), Dish Network’s DVR Devices include memory circuitry. This memory circuitry and associated software and hardware allows the Dish Network DVR Device to store Video Content with viewing restrictions such as restricting a time period during which the stored Video Content may be accessed. Video Content may be downloaded through Dish’s Pay-Per-View or On Demand offerings. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to access the movie and within that time the user can view the movie as many times as he would like; while Video On-Demand movies are only accessible for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR. Once you begin viewing a recorded Pay-Per-View movie, the user has 24 hours to

DISH, Exh. 1008, p. 154



Infringing Feature

view the movie as many times as the user would like. In addition, movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. Similarly, limited-use digital data recorded to the DVR and transferred to a portable device contain a lifespan restriction of 30 days before the digital data expires. In addition, Dish Hopper’s PrimeTime Anytime feature allows for prime time recordings to be accessed for 8 days from their initial airdate before the digital data expires. The above identified memory circuitry satisfies the claimed high capacity storage device for storing the limited-use digital data and wherein the at least one restriction comprises a restriction defining a time period during which the stored limited-use digital data may be accessed. See References 9, 10, 20, 22, 23, 23, and 33. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified memory circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

4. The system of claim 1, wherein the at least one restriction comprises a restriction defining a time period having a defined start time and a defined expiration time during which the stored limited-use digital data may be used by an end user after the limited-use digital data is first accessed by the end user.

See Claim 1, hereby incorporated by reference. As described in Claim 1, Dish Network DVRs Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware that control the operations upon stored Video Content as permitted by a restriction of use. One such restriction is limiting the amount of time available to watch downloaded limited-use digital data. Pay-per-view movies are available for 24 hours after playback starts, while On-Demand movies are available for 24-48 hours from the time of order. The above identified viewing period restrictions satisfy the claimed restriction defining a time period having a defined start time and a defined expiration time during which the stored limited-use digital data may be used by an end user after the limited-use digital data is first accessed by the end user. See References 20, 22, 23, and 24.

DISH, Exh. 1008, p. 155



Infringing Feature

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

6. The system of claim 1, wherein said memory circuitry comprises at least one high capacity storage device for storing the limited-use digital data and wherein the at least one restriction comprises a first restriction defining a time period having a defined start time and a defined expiration time during which the limited-use digital data may be used by an end user after the stored limited-use digital data stored on said at least one high capacity storage device is first accessed by the end user.

See Claims 1, hereby incorporated by reference. As described in Claim 1(b), Dish Network’s DVR Devices include memory circuitry. This memory circuitry and associated software and hardware allows the Dish Network DVR Device to store Video Content with viewing restrictions such as restricting the amount of time available to watch downloaded Video Content after it has been accessed by the Dish Network customer. Pay-per-view movies are available for 24 hours after playback starts, while On-Demand movies are available for 24-48 hours from the time of order. The above identified memory circuitry satisfies the claimed high capacity storage device for storing the limited-use digital data and wherein the at least one restriction comprises a first restriction defining a time period having a defined start time and a defined expiration time during which the limited-use digital data may be used by an end user after the stored limited-use digital data stored on said at least one high capacity storage device is first accessed by the end user. See References 9, 20, 22, 23, 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified memory circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

7. System of claim 1, wherein said memory circuitry comprises at least one high capacity storage

See Claim 1, hereby incorporated by reference. As described in Claim 1(b), Dish Network’s DVR Devices include memory circuitry. This memory circuitry

DISH, Exh. 1008, p. 156



Infringing Feature

device and wherein said at least one storage device is located in an end user receiver device and wherein the at least one operation comprises a download of the limited use digital data by said circuitry for receiving the limited use digital data.

and associated software and hardware, such as the microprocessor described in Claim 1(a) allow for the Dish Network DVR Device to download Video Content. The above described memory circuitry satisfies the claimed high capacity storage device and wherein said at least one storage device is located in an end user receiver device and wherein the at least one operation comprises a download of the limited use digital data by said circuitry for receiving the limited use digital data. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified memory circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

8. The system of claim 1, wherein said circuitry for receiving the limited use digital data is located in a first end user receiver device and wherein said at least one digital output is configured for transmitting the limited use digital data to a second end user device and wherein monitoring by the data supplier comprises monitoring the transmitting of the limited use digital data to the second end user receiver device.

See Claim 1, hereby incorporated by reference. As described above in Claim 1(a), Dish Network DVR Devices are receivers that include circuitry for receiving Video Content. As described in Claim 1(f), Dish Network DVR Devices include digital outputs. The Digital Outputs include a USB port, which along with associated software and hardware, enables the transfer of Video Content to a second end user device, such as iOS and Android phones and tablets. Dish Network DVR Devices, such as the Dish Hopper, includes a digital output connection, such as the coaxial cable using MoCA, which along with associated software and hardware, allows the transfer of video content to a separate Joey receiver. As described in Claim 1(f), Dish Network collects technical and personal data associated with the subscriber’s use of the Dish DVR and the stored Video Content, including the transferring of video Content to a separate device. The above identified digital outputs included on Dish Network DVR Devices satisfy the claimed digital output configured for transmitting the limited use digital data to a second end user device and wherein monitoring by the data supplier comprises monitoring the transmitting of the limited use digital data to the second end user receiver device. See References 30, 31, 45, and 35

DISH, Exh. 1008, p. 157



Infringing Feature

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identification literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

9. The system of claim 8, wherein the control data comprises control data for use in preforming a virtual return of the limited-use digital data that has been transmitted to the second end user receiver device and wherein the virtual return is monitored by the data supplier.

See Claim 1 and 8, hereby incorporated by reference. As described in Claim 1(g), Dish Network DVR Devices include the Dish Hopper transfer feature within the Dish Anywhere App program, which together with associated software and hardware, enables the transferring of processing circuitry and associated control data to the portable device that associates the limited-use digital data transferred with the restriction related control data. Transmitted control data enables the virtual return of transferred Video Content, which is described in Claim 1(g). The above identified Dish Hopper transfer feature within the Dish Anywhere App program and associated control data satisfy the claimed control data for use in preforming a virtual return of the limited-use digital data that has been transmitted to the second end user receiver device and wherein the virtual return is monitored by the data supplier. See References 24, 25, and 31. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified control data literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

12. The system of claim 1, further comprising a playback device, wherein said playback device comprises a portable digital media player.

See Claim 1, hereby incorporated by reference. As described in Claim 1(g), Dish Network DVR Devices include the Dish Hopper transfer feature within the Dish Anywhere App which allows for limited-use digital data to be transferred to an associated portable digital media player, such as a PC or iOS and Android phones and tablets.

DISH, Exh. 1008, p. 158



Infringing Feature

The above identified PC and iOS and Android phones and tablets satisfy the claimed portable digital media player. See Reference 15. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified playback device literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

13. The system of claim 1, wherein said software further comprises software to enact a virtual return of the stored limited-use digital data.

See Claim 1, hereby incorporated by reference. As described in Claim 1(d), Dish Network DVR Devices include a microprocessor and associated software that controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Video Content. The virtual return of stored Video Content is described in Claim 1(g). The above identified software satisfies the claimed software to enact a virtual return of the stored limited-use digital data. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified software literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

14. The system of claim 13, wherein the virtual return comprises providing at least one option for enabling at least a

See Claim 1 and 13, hereby incorporated by reference. As described in Claim 1(d), Dish Network DVR Devices include a microprocessor and associated software controls operations of the memory and playback circuitry. The software also includes software to perform a

DISH, Exh. 1008, p. 159



Infringing Feature

second operation to be performed upon the stored limited-use digital data as allowed by the at least one restriction.

virtual return upon stored Video Content. The virtual return of stored Video Content is described in Claim 1(g). Video Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the Video Content is virtually returned to Dish Network via the user being denied access to view the movie or television show. If the end user attempts to view an expired event, the user will receive a message from Dish Network prompting the end user to delete the title from the end user’s recording list. The above identified message prompting the end user to delete the virtually returned title satisfies the claimed limitation providing at least one option for enabling at least a second operation to be performed upon the stored limited-use digital data as allowed by the at least one restriction. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified virtual return option literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

15. The system of claim 14, wherein the virtual return further comprises providing a message to an end user alerting the end user of the virtual return and the at least second operation to be performed upon the stored limited-use digital data as allowed by the at least one restriction.

See Claim 1 and 14, hereby incorporated by reference. As described in Claim 1(d), Dish Network DVR Devices include a microprocessor and associated software controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Video Content. The virtual return of stored Video Content is described in Claim 1(g). Limited use digital data recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the Video Content is virtually returned to Dish Network via the user being denied access to view the movie or television show. If the end user attempts to view an expired event, the user will receive a message from Dish Network notifying the end user of the virtual return. The above identified message prompting the end user to delete the virtually returned title satisfies the claimed limitation providing a message to an end user alerting the end user of the virtual return and the at least second

DISH, Exh. 1008, p. 160



Infringing Feature

operation to be performed upon the stored limited-use digital data as allowed by the at least one restriction . See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified virtual return message literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

19. The system of claim 1, wherein the virtual return of the limited-use digital data that has been transferred to the portable playback device comprises providing a notification to the data supplier of the virtual return of the limited-use digital data that has been transferred to the portable playback device.

See Claim 1, hereby incorporated by reference. As described in Claim 1(g), Dish Network Devices include the Dish Hopper transfer feature within the Dish Anywhere App program, along with associated software and hardware that allow for transferring of Video Content from the Dish Network DVR Device to a portable playback device, such as an iOS or Android phone or tablet. Claim 1(g) describes the virtual return of transferred Video Content. The Dish Hopper transfer feature also enables notifying a Dish Customer of the virtual return of transferred Video Content. For instance, Video Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the Video Content is virtually returned to Dish Network via the user being denied access to view the movie or television show. If the end user attempts to view an expired event, the user will receive a message from Dish Network notifying the end user of the virtual return. The above identified message notifying the end user of virtually returned Video Content satisfies the claim limitation providing a notification to the data supplier of the virtual return of the limited-use digital data that has been transferred to the portable playback device. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

DISH, Exh. 1008, p. 161



Infringing Feature

Customedia asserts that the above identified notification of a virtual return literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

20. The system of claim 1, wherein the stored limited-use digital data that has been transferred to the portable playback device comprises rented content, wherein the control data comprises data for controlling restrictions for use of the rented content, and wherein the virtual return is automatically performed upon the expiration of a defined rental time period by an operation selected from a group consisting of deleting, encrypting, scrambling, blocking further access to the rented content, disabling an authorization key, and combinations thereof.

See Claim 1, hereby incorporated by reference. As described in Claim 1(g), Dish Network DVR Devices include a processor and associated processing circuitry, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, allow for the end user customer to transfer Video Content to a PC or wireless phone or tablet. The processor and associated processing circuitry, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, also enable the transfer of rented content, including, but not limited to On-Demand and Pay-Per-View rental movies, television show, and video games, along with associated control data that enables a virtual return performed upon rented content via the user being denied access to view the rented content and the title disappearing from the user’s Dish Network library. The On-Demand and Pay-Per-View rentals and their virtual return satisfy the claimed rented content, wherein the control data comprises data for controlling restrictions for use of the rented content, and wherein the virtual return is automatically performed upon the expiration of a defined rental time period by an operation selected from a group consisting of deleting, encrypting, scrambling, blocking further access to the rented content, disabling an authorization key, and combinations thereof. See References 24, 25, and 26. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

21. The system of claim 13, See Claims 1 and 13, hereby incorporated by reference.

DISH, Exh. 1008, p. 162



Infringing Feature

wherein the monitoring by the data supplier comprises providing a notification to the data supplier of the virtual return.

As described in Claim 1(g), Dish Network Devices include the Dish Hopper transfer feature within the Dish Anywhere App program, along with associated software and hardware that allows for transferring of Video Content from the Dish Network DVR Device to a portable playback device, such as a PC and iOS or Android phone or tablet. The Dish Hopper transfer feature, along with associate software and hardware, also enables notifying a Dish Customer of the virtual return of transferred Video Content. For instance, Video Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the Video Content is virtually returned to Dish Network via the user being denied access to view the movie or television show. Dish Network uses the Dish Network DVR Devices to send the end user a notification that content must be deleted at the end of the viewing period, as such it is notified of the expirations of the viewing period. The above identified message notifying the data supplier of virtually returned Video Content satisfies the claimed limitation providing a notification to the data supplier of the virtual return. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified notification literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

22. The system of claim 1, wherein the at least one operation comprises processing to control use of the stored limited-use digital data as permitted by the at least one restriction and wherein the processing to control use of the stored limited-use digital data as permitted by the at least one


As described in Claim 1(d). Dish Network DVRs Devices include a microprocessor that satisfies the claimed processing circuitry element comprising software to control operations of said memory circuitry and said playback circuitry and to control at least one operation performed upon the stored Video Content as permitted by at least one restriction on the use of the Video Content. The microprocessor also includes additional software and functionality that satisfies this claim’s limitation of at least one operation comprising processing to control use of the stored limited-use digital data as permitted

DISH, Exh. 1008, p. 163



Infringing Feature

restriction is controlled by the data supplier via at least one digital data communication link.

by the at least one restriction and wherein the processing to control use of the stored limited-use digital data as permitted by the at least one restriction is controlled by the data supplier via at least one digital data communication link. The processor and software described in Claim 1(f) allow for data, suppliers, such as Dish Network to control said processing to control use of the stored limited-use digital data. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified operation literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

25. The system of claim 1, wherein said digital output communicates with the data supplier via at least one digital communication link comprises an Internet connection in digital communication with a database comprising limited-use digital data, an Internet website comprising an interface for an end user to access the limited-use digital data, and an account transaction server located remote from said circuitry for receiving the limited-use digital data.

See Claim 1, hereby incorporated by reference. As described in 1(F), Dish Network DVR Devices include digital outputs devices. The digital output device communicate with the data supplier, such as Dish Network, via a communication link such as an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port. The internet connection Ethernet port allows for communication with a database comprising limited use digital data, such as Dish Network’s On-Demand database, Dish Cinema database, internet connected applications such as Netflix and Pandora, an Internet website, such as Dish Network’s Dish Cinema interface for an end user to access Video Content, and a remote Operations Center that allows Dish Network to collect information such as account and billing-related information. The communication to a data supplier through one of the communication links satisfies the claim limitation of the digital output communicates with the data supplier via at least one digital communication link comprises an Internet connection in digital communication with a database comprising limited-use digital data, an Internet website, such as Dish Network’s Dish Cinema interface for an end user to access the limited-use digital data, and an account transaction server located remote from said circuitry for receiving the limited-use digital data.

DISH, Exh. 1008, p. 164



Infringing Feature

See reference 30.

34

34 Reference 34: http://www.dish.com/hopper/

DISH, Exh. 1008, p. 165



Infringing Feature

35

36

35 Reference 35: https://www.mydish.com/support/getconnected 36 Reference 36: https://www.mydish.com/pay-per-view/dishcinema

DISH, Exh. 1008, p. 166



Infringing Feature

37

See Reference 31. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

37 Reference 37: https://www.mydish.com/support/getconnected

DISH, Exh. 1008, p. 167



Infringing Feature


26. The system of claim 25, wherein the at least one restriction comprises a time period during which the stored limited-use digital data is available for access by the end user.

See Claims 1 and 25, hereby incorporated by reference. Video Content can be downloaded and stored through an internet connection as described in Claim 25. As described in Claim 1, limited use digital, such as the above described Video Content includes restriction defining a time period during which the stored Video Content digital data may be accessed. Video Content may be downloaded through Dish’s Pay-Per-View or On Demand offerings. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to access the movie and within that time the user can view the movie as many times as he would like; while Video On-Demand movies are only accessible for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR. Once you begin viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. In addition, Dish Hopper’s PrimeTime Anytime feature allows for prime time recordings to be accessed for 8 days from their initial airdate before the digital data expires. The above identified time restriction satisfies the claim limitation of time period during which the stored limited-use digital data is available for access by the end user. See References 22, 23, 24, and 25. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

27. The system of claim 1, wherein the at least one restriction comprises a time period during

See Claims 1, hereby incorporated by reference. Video Content can be downloaded and stored through an internet connection as described in Claim 1. As

DISH, Exh. 1008, p. 168



Infringing Feature

which the stored limited-use digital data is available for access by an end user.

described in Claim 1, limited use digital, such as the above described Video Content includes restriction defining a time period during which the stored Video Content may be accessed. Video Content may be downloaded through Dish’s Pay-Per-View or On Demand offerings. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to access the movie and within that time the user can view the movie as many times as he would like; while Video On-Demand movies are only accessible for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR. Once you begin viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. In addition, Dish Hopper’s PrimeTime Anytime feature allows for prime time recordings to be accessed for 8 days from their initial airdate before the digital data expires. The above identified time restriction satisfies the claim limitation of time period during which the stored limited-use digital data is available for access by the end user. See References 22, 23, 24, and 25. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

28. The system of claim 1, wherein the limited-use digital data is a digital data product selected from a group consisting of movies, video, television programming, computer video games, print content, graphics, multimedia, audio, music, MP3 audio, electronic books, software

See Claim 1, hereby incorporated by reference. As described in Claim 1, Dish Network DVR Devices are devices that control Dish Network’s system for receiving, processing, and playback of Video Content. Limited-use digital data includes Video Content described above. Video Content includes, but is not limited to, movies, video, television programming, and video games, advertising, software programs, and software applications. The above identified Video Content satisfies the claim limitation of the limited-use digital data being a digital data product selected from a group consisting of movies, video, television programming, computer video

DISH, Exh. 1008, p. 169



Infringing Feature

programs, software applications, applets, product catalogs, advertising, and combinations thereof.

games, print content, graphics, multimedia, audio, music, MP3 audio, electronic books, software programs, software applications, applets, product catalogs, advertising, and combinations thereof.

38

39 The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital data product literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

30. The system of claim 1, further comprising: recording circuitry for


38 Reference 38: https://www.mydish.com/upgrades/products/receivers/the-hoppers 39 Reference 39: https://www.mydish.com/pay-per-view

DISH, Exh. 1008, p. 170



Infringing Feature

recording the limited-use digital data to a portable storage device; and wherein said software further comprises software to enact a virtual return of the limited-use digital data that is recorded to the portable digital storage device.

Claim 1 describes the identified microprocessor and associated processing circuitry with in the Dish Network DVR Devices. The microprocessor and associated processing circuitry, along with associated software and hardware are the recording circuitry for recording video content to a portable storage device, such as a Dish HopperGo. Upon information and belief, with the transfer of recorded limited-use digital data, associated control data is also transferred to the portable storage device, such as the Dish HopperGo, that associates the limited-use digital data transferred with the restriction related data, such as limited number of transfers or the limited viewing period of the downloaded limited-use digital data. Software enacts a virtual return by deleting or blocking access to transferred limited-use digital data after viewing restrictions have expired. The above identified microprocessor and associated processing circuitry, along with associated software and hardware satisfy the claimed recording circuitry for recording the limited-use digital data to a portable storage device; and wherein said software further comprises software to enact a virtual return of the limited-use digital data that is recorded to the portable digital storage device.

40

40 Reference 40: http://www.dish.com/dig/technology/improve-your-mobile-tv-experience-with-hoppergo/

DISH, Exh. 1008, p. 171



Infringing Feature

41

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified recording circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

31. The system of claim 1, further comprising a record of the


41 Reference 41: http://blogs.denverpost.com/tech/2016/01/05/ces-2016-dish-shrinks-hopper-to-make-it-travel-friendly/20006/

DISH, Exh. 1008, p. 172



Infringing Feature

transferring of the stored limited-use digital data to a portable playback device, said record comprising at least one record selected from a group consisting of an identification of the limited-use digital data, an identification of the at least one restriction on use of the limited-use digital data, an identification of the portable playback device, and combinations thereof; wherein the transferring is monitored by the data supplier.

Claim 1 describes how Dish Network DVR Devices monitor the user’s utilization of the Video Content including, but not limited to, the transfer of Video Content to a portable playback device. Dish Network DVR Devices collect technical and personal data associated with the subscriber’s use of the Dish Network DVR Devices, including the Dish Network customer’s account identification of the Video Content transferred, and identification of the Customer’s portable playback device, such as a wireless phone or tablet. This information is communicated to Dish Network via the Portable Device, DVR, and Satellite, to at least in part allow Dish Network to monitor use and the playing of the device. See Reference 31. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

32. The system of claim 1, wherein the portable playback device is selected from a group consisting of a portable telephone, portable digital recorder/player, a portable computer, a PDA, and combinations thereof.

See Claim 1, hereby incorporated by reference. As described in Claim 1, Dish Network DVR Devices allow for Video Content to be transferred to an associated portable device, such as an iOS or Android tablet or phone, for viewing on that device. The above identified iOS or Android tablet or phone satisfies the claimed portable playback device being selected from a group consisting of a portable telephone, portable digital recorder/player, a portable computer, a PDA, and combinations thereof. See Reference 15. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified portable playback devices literally satisfies this claim element.

DISH, Exh. 1008, p. 173



Infringing Feature

However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

35. A system for receiving, processing, and storing of rented digital data, comprising:


DISH Hopper DVRs DISH Hopper 1 DISH Hopper 2 DISH Hopper 3 DISH Hopper with Sling DISH Hopper 1 with Sling DISH Hopper 2 with Sling DISH Hopper 3 with Sling DISH Sling DVRs DISH Network DVRs DISH Network HD DVRs DISH Hopper Joey DISH Hopper Super Joey DISH Network SD-DVRs HD-DVR ViP 722k DuoDVR ViP 722k HD-DVR ViP 612 Solo DVR ViP 612 HD-DVR 612RKIT 922 SlingLoaded HD-DVR ViP 222k HD Dual Tuner ViP 222k HD Single Tuner ViP 211k HD-DVR 211z DISH 211z HD DVR SD-DVR Dual Tuner 625

DISH, Exh. 1008, p. 174



Infringing Feature

DuoDVR625 SD-DVR 512 Solo DVR 512 DuoDVR522 SD Dual Tuner 322 HD-DVR ViP 222K SD Single Tuner 311 Duo DVR ViP 722K Hopper HD DVR and the Joey Dish 4k Ultra HD Joey DISH Hopper Whole Home DVR Network

(hereinafter “Dish Network DVR Devices”) The above devices are Dish Network DVR Devices that control Dish Network’s system for receiving, processing, and storing of rented digital data. Rented digital data includes, but is not limited to, On Demand and Pay-Per-View offerings (“Rented Content”). Each of the above identified devices satisfies the claimed system for receiving, processing and storing of rented digital data. EchoStar Corporation manufactures the Dish Network DVR Devices. Dish Network uses, offers to sell, or sells the Dish Network DVR Devices to Dish Network customers as part of Dish Network’s satellite television service. Dish Network Customers are given the option of renting the Dish Network DVR Devices from Dish Network in exchange for a monthly fee, or they can purchase the Dish Network DVR Device. See References 1, 2, 3, 4

DISH, Exh. 1008, p. 175



Infringing Feature

42

(a) circuitry for receiving rented digital data;

Dish Network DVR Devices are receivers that include a microprocessor and associated processing circuitry, such as the Dish Hopper’s Broadcom BCM7420 processor, which together with associated software and hardware, enables the device to download Rented Content. The above identified microprocessor and associated processing circuitry and associated software satisfies the claimed circuitry for receiving Rented Content. See References 5, 6, and 7. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified circuitry for receiving literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(b) memory circuitry comprising at least one storage device for storing the rented digital data as stored

Dish Network’s DVR Devices come with internal storage devices, such as a hard drive, RAM, and Flash Memory. This memory is used to store hours of Rented Content.

42 Reference 42: http://www.dish.com/ppv-movies/

DISH, Exh. 1008, p. 176



Infringing Feature

rented digital data; The above identified memory circuitry, including associated software satisfy the claimed memory circuitry comprising at least one storage device for storing the rented digital data as stored rented digital data.


43


Customedia asserts that the above identified memory circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(c) playback circuitry that reads the stored rented digital data from said at least one storage device and converts the stored rented digital data to electronic signals for driving a playback device;

Dish Network DVR Devices contain a microprocessor, such as the Broadcom BCM7420 processor, that enables a device to read content from memory. This identified processor is the playback circuity, which together with associated software and hardware, are capable of receiving Rented Content from Dish Network. Once received, the Rented Content is converted to digital form, stored on the device’s memory circuitry described above, read from the memory circuitry, processed by the processing circuity, and played back through the playback circuitry and output to the customer’s attached television.

The above identified microprocessor and associated software satisfies the claimed playback circuitry element that reads the stored rented digital data from said at least one storage device and converts the stored rented digital data to electronic signals for driving a playback device;


43 Reference 43: https://www.mydish.com/support/services/tv/pay-per-view/movies

DISH, Exh. 1008, p. 177



Infringing Feature


(d) processing circuitry comprising software to control operations of said memory circuitry and said playback circuitry and to control at least one operation performed upon the stored rented digital data as permitted by at least one restriction on the use of the rented digital data and to enact a virtual return of the stored rented digital data; and

Dish Network DVRs Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the operations of the memory and playback circuitry. The processor and associated operating system executes software that performs the various control functions of the device, including the downloading, playback, and transfer functionalities. Operations performed upon the stored Rented Content include, but are not limited to, playback of stored Rented Content and transfer of the Rented Content from the user’s DVR to an associated portable device, such as PCs and wireless phones and tablets. The transferred Rented Content contains restrictions, such as Digital Rights Management limiting one transfer per recording, and protection mechanisms providing security for delivery of premium content through the entre DISH Network, including set-top-boxes, smartphones, and tablets. The Rented Content transferred from the Dish Network DVR Device to a wireless device is restricted to one transfer per recording. In addition, when a title is transferred from a Dish Network DVR Device to a portable device, it disappears from the DVR’s library once it is moved to an associated portable device. Dish Network DVR Devices also restrict the playback of the stored Rented Content by limiting the time in which the user has to watch the downloaded Rented Content. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as the user would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to the user’s DVR. Once a user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to the user’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. Similarly, Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the Rented Content is virtually returned to Dish Network via the user

DISH, Exh. 1008, p. 178



Infringing Feature

being denied access to view the movie or television show and the title disappearing from the user’s Dish Network library. The above identified microprocessor and associated software satisfies the claimed processing circuitry element comprising software to control operations of said memory circuitry and said playback circuitry and to control at least one operation performed upon the stored rented digital data as permitted by at least one restriction on the use of the rented digital data and to enact a virtual return of the stored rented digital data. See References 7, 13, 21, 22, 23, and 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified processing circuitry comprising software literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

(e) a user interface operatively connected to said processing circuitry for programming one or more processing functions to be performed by said processing circuitry,

Dish Network’s DVR Devices include a user interface, for example in the form of a graphical tile-based user menu, Universal UHF/IR user hand-held remote control, and programming and control buttons located on the exterior of the device, which together with associated software and hardware, such as the processor and associated processing circuitry described above, allow the end user customer to program the Dish Network DVR Device’s functionalities, such as playback and downloading of Rented Content.

The above identified graphical tile-based user menu, hand-held remote control, and programming and control buttons on the exterior of Dish Network DVR Devices satisfy the claimed user interface operatively connected to said processing circuitry for programming one or more processing functions to be performed by said processing circuitry element.

For example, the Dish Network customer is presented with a screen such as that presented below to order Video On Demand content by remote.


DISH, Exh. 1008, p. 179



Infringing Feature



(f) wherein the at least one operation performed upon the stored rented digital data is a transfer of the stored rented digital data along with control data to a portable playback device wherein said control data is used by the portable playback device for performing a virtual return of the stored rented digital data that has been transferred to said portable playback device.

As described above, Dish Network DVR Devices include a processor and associated processing circuitry described above, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, allow for the end user customer to transfer Rented Content that is downloaded and stored on the device’s above described to an end user customer’s PC or iOS or Android wireless phone or tablet.

Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the rented digital data transferred with the restriction related data, such as limited number of transfers or the limited viewing period of the downloaded rented digital data. Rented digital data is downloaded (stored) in the device’s memory. Dish Network restricts the time in which the user has to watch the downloaded digital data. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as the user would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to the user’s DVR. Once the user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to the user’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. Similarly, rented digital data recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the rented digital data is virtually returned to Dish Network via the user being denied access to view the movie or television show and the title disappearing from the user’s Dish Network library.

The processor and associated processing circuitry described above, and the Dish Hopper transfer feature within the Dish Anywhere App Dish Hopper transfer feature within the Dish Anywhere App satisfies the claimed element of at least one operation performed upon the stored rented digital data is a transfer of the

DISH, Exh. 1008, p. 180



Infringing Feature

stored rented digital data along with control data to a portable playback device wherein said control data is used by the portable playback device for performing a virtual return of the stored rented digital data that has been transferred to said portable playback device. See References 18, 19, 20, 22, 23, 24, 25, and 29. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

36. The system of claim 35, further comprising: a digital output operatively connected to said processing circuitry that communicates with a data supplier to allow monitoring by the data supplier of the at least one operation performed upon the stored rented digital data as permitted by at least one restriction.


Dish Network DVR Devices include digital outputs; for instance, the Dish Hopper contains an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, which together with associated software and hardware, such as the processor and associated processing circuitry described above, enable a data supplier, such as Dish Network, to monitor the end user customer’s operation of the Dish Network DVR Device, including the playback, downloading, and transfer of Rented Content, in accordance with the restrictions described above.

Dish Network collects technical and personal data associated with the subscriber’s use of the Dish DVR and the stored Rented Content. This information is communicated to Dish Network via the DVR, to at least in part allow Dish Network to monitor use and the playing of the device.

The above identified digital outputs included on Dish Network DVR Devices satisfy the claimed digital output operatively connected to said processing circuitry that communicates with a data supplier to allow monitoring by the data supplier of the at least one operation performed upon the stored rented digital data as permitted by at least one restriction.

DISH, Exh. 1008, p. 181



Infringing Feature

See References 30, 31, and 32. Referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital output literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

37. The system of claim 36, wherein the at least one operation performed upon the stored rented digital data is an operation selected from a group consisting of a download, a playback, a transfer, a copy, a deletion, a virtual return, and combinations thereof.

See Claim 35 and 36, hereby incorporated by reference. As described in Claim 35, Dish Network DVRs Devices include a microprocessor with processing circuitry, and associated software and hardware, that control the operations performed upon stored Rented Content, including, but not limited the download, playback, and virtual return functionalities described above. The above identified functionalities performed upon Video Content satisfy the claimed operation performed upon the stored rented digital data is an operation selected from a group consisting of a download, a playback, a copy, a deletion, a virtual return, and combinations thereof. See Reference 11. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified operation literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

38. The system of claim 35, wherein the at least one restriction comprises a restriction defining a time period during which the stored rented digital data that has been transferred to the portable

See Claim 35, hereby incorporated by reference. As described in Claim 35, Dish Network’s DVR Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the operations performed upon Rented Content, such as downloading, playback, and transfer functionalities, and restrictions upon the functionalities. In addition, Rented Content transferred to a portable playback device, such as a PC, and iOS

DISH, Exh. 1008, p. 182



Infringing Feature

playback device may be accessed. or Android wireless phone or tablet also contains restrictions. For instance, software and hardware residing on the Dish Network DVR Device, such as a microprocessor and the Dish Anywhere App explain above, enables Rented Content data recorded to the Dish Network DVR Device and transferred to a portable device contains a lifespan restriction of 30 days before the rented digital data expires. The above identified time restriction upon Rented Content satisfies the claimed limitation of a restriction defining a time period during which the stored rented digital data that has been transferred to the portable playback device may be accessed. See Reference 25.


Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

39. The system of claim 35, wherein the at least one restriction comprises a restriction defining a time period having a defined start time and a defined expiration time during which the stored rented digital data may be used by an end user after the stored rented digital data stored on said storage device is first accessed by the end user.

See Claim 35, hereby incorporated by reference. As described in Claim 35, Dish Network’s DVR Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the operations performed upon Rented Content, such as downloading, playback, and transfer functionalities, and restrictions upon the functionalities. The Microprocessor and associated software and hardware also includes time restrictions upon the Rented Content. For instance, Pay-per-view movies rentals are available for 24 hours after playback starts, while On-Demand rental movies are available for 24-48 hours from the time of order. The above described time restriction upon Rented Content satisfies the claimed limitation of a restriction defining a time period having a defined start time and a defined expiration time during which the stored rented digital data may be used by an end user after the stored rented digital data stored on said storage device is first accessed by the end user.

DISH, Exh. 1008, p. 183



Infringing Feature

See References 20, 22, 23, and 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

41. The system of claim 38, wherein the at least one restriction comprises a second restriction defining a second time period having a defined second start time and a defined second expiration time during which the stored rented digital data that has been transferred to the portable playback device may be used by an end user after the stored rented digital data is first accessed by the end user.

See Claim 35 and 38, hereby incorporated by reference. As described in Claim 35, Dish Network’s DVR Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the operations performed upon Rented Content, such as downloading, playback, and transfer functionalities, and restrictions upon the functionalities. In addition, Rented Content transferred to a portable playback device, such as a PC, and iOS or Android wireless phone or tablet also contains restrictions. For instance, once the user begins viewing a recorded Pay-Per-View movie transferred to a portable device, the user has 24 hours to view the movie as many times as the user would like before the movie expires. The above identified software and hardware enabling the time restriction upon Rented Content satisfies the claimed limitation of a second restriction defining a second time period having a defined second start time and a defined second expiration time during which the stored rented digital data that has been transferred to the portable playback device may be used by an end user after the stored rented digital data is first accessed by the end user. See References 20, 22, 23, 25, 26, and 35.

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia

DISH, Exh. 1008, p. 184



Infringing Feature


46. The system of claim 35, further comprising a playback device, wherein said playback device comprises a portable digital media player.

See Claim 35, hereby incorporated by reference. As described in Claim 35(f), Dish Network DVR Devices include the Dish Hopper transfer feature within the Dish Anywhere App which allows for Rented Content to be transferred to an associated portable digital media player, such as a PC or iOS and Android phones and tablets. The above identified PC or iOS and Android phones and tablets satisfy the claimed portable digital media player. See Reference 15. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified portable digital media player literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

47. The system of claim 35, wherein the virtual return of the stored rented digital data comprises providing at least one option for enabling at least one additional operation to be performed upon the stored rented digital data as allowed by the at least one restriction.

See Claim 35, hereby incorporated by reference As described in Claim 35, Dish Network DVR Devices include a microprocessor and associated software controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Rented Content. The virtual return of stored Video Content is described in Claim 1(g). Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the rented digital data is virtually returned to Dish Network via the user being denied access to view the movie or television show. If the end user attempts to view an expired event, the user will receive a message from Dish Network prompting the end user to delete the title from the end user’s recording list. The above identified message prompting the end user to delete the virtually returned title satisfies the claimed

DISH, Exh. 1008, p. 185



Infringing Feature

limitation providing at least one option for enabling at least one additional operation to be performed upon the stored rented digital data as allowed by the at least one restriction. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim is satisfied under the Doctrine of Equivalents.

48. The system of claim 47, wherein the virtual return of the stored rented digital data further comprises providing a message to an end user alerting the end user of the virtual return of the stored rented digital data and the at least one additional operation to be performed upon the stored rented digital data as allowed by the at least one restriction.

See Claims 35 and 47, hereby incorporated by reference. As described in Claim 35, Dish Network DVR Devices include a microprocessor and associated software controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Video Content. The virtual return of stored Rented Content is described in Claim 35(f). Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing period, the Rented Content is virtually returned to Dish Network via the user being denied access to view the Rented Content. If the end user attempts to view an expired event, the user will receive a message from Dish Network notifying the end user of the virtual return. The above identified message prompting the end user to delete the virtually returned title satisfies the claimed limitation providing a message to an end user alerting the end user of the virtual return of the stored rented digital data and the at least one additional operation to be performed upon the stored rented digital data as allowed by the at least one restriction. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

DISH, Exh. 1008, p. 186



Infringing Feature

Customedia asserts that the above identified virtual return message literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

53. The system of claim 35, wherein the virtual return of the stored rented digital data transferred to the portable playback device comprises providing a notification to a data supplier of the virtual return.

See Claim 35, hereby incorporated by reference. As described in Claim 35(f), Dish Network Devices include the Dish Hopper transfer feature within the Dish Anywhere App program, along with associated software and hardware that allow for transferring of Rented Content from the Dish Network DVR Device to a portable playback device, such as a PC and iOS or Android phone or tablet. The Dish Hopper transfer feature, along with associated software and hardware, also enables notifying a Dish Customer of the virtual return of transferred Rented Content. For instance, Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing period, the Rented Content data is virtually returned to Dish Network via the user being denied access to view the Rented Content. Dish Network uses the Dish Network DVR Devices to send the end user a notification that content must be deleted at the end of the viewing period, as such it is notified of the expirations of the viewing period. The above identified message notifying the data supplier of virtually returned Rented Content satisfies the claimed limitation providing a notification to the data supplier of the virtual return. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified notification literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

54. The system of claim 35, wherein the virtual return of the stored rented digital data transferred to a portable playback device is automatically performed

See Claims 35, hereby incorporated by reference. As described in Claim 35(f), Dish Network DVR Devices include a processor and associated processing circuitry, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, allow for the end user customer to transfer Rented Content to a PC and wireless phone

DISH, Exh. 1008, p. 187



Infringing Feature

upon the expiration of a defined time period by an operation selected from a group consisting of deleting, encrypting, scrambling, blocking further access to the stored rented digital data, disabling an authorization key, and combinations thereof.

or tablet. The processor and associated processing circuitry, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, also enable the transfer of Rented Content, including, but not limited to On-Demand and Pay-Per-View rental movies, television show, and video games, along with associated control data that enables a virtual return performed upon rented content via the user being denied access to view the movie or television show and the title disappearing from the user’s Dish Network library. The On-Demand and Pay-Per-View rentals and their virtual return satisfy the claimed limitation of the virtual return of the stored rented digital data transferred to a portable playback device is automatically performed upon the expiration of a defined time period by an operation selected from a group consisting of deleting, encrypting, scrambling, blocking further access to the stored rented digital data, disabling an authorization key, and combinations thereof. See References 24, 25, and 26. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

58. The system of claim 35, further comprising: a digital output operatively connected to said processing circuitry that communicates with a data supplier via at least one digital communication link, wherein the at least one digital communication link comprises an Internet connection in digital communication with a database

See Claims 35 and 36, hereby incorporated by reference. As described in Claim 36, Dish Network DVR Devices include digital outputs devices. The digital output device communicate with the data supplier, such as Dish Network, via a communication link such as an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port. The internet connection Ethernet port allows for communication with a database comprising Rented Content, such as Dish Network’s On-Demand and Dish Cinema database; internet connected applications such as Netflix and Pandora; internet websites, such as Dish Network’s Dish Cinema interface for an end user to access Rented Content, and a remote Operations Center that allows Dish Network to collect information such as account and billing-related information.

DISH, Exh. 1008, p. 188



Infringing Feature

comprising the rented digital data, an Internet website comprising an interface for an end user to access the rented digital data, and an account transaction server located remote from said circuitry for receiving the rented digital data.

The communication to a data supplier through one of the communication links satisfies the claim limitation of the a digital output operatively connected to said processing circuitry that communicates with a data supplier via at least one digital communication link, wherein the at least one digital communication link comprises an Internet connection in digital communication with a database comprising the rented digital data, an Internet website comprising an interface for an end user to access the rented digital data, and an account transaction server located remote from said circuitry for receiving the rented digital data. See References 30, 34, 35, and 37. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital output literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

59. The system of claim 35, wherein the at least one restriction comprises a time period during which the stored rented digital data that has been transferred to the portable playback device is available for access by the end user.

See Claim 35, hereby incorporated by reference. As described in claim 35(f), the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the Rented Content transferred with the restriction related data. One such restriction upon the Rented Content is restricting a time period during which the rented digital data is available for access by an end user. For instance, Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. The above described time restriction upon transferred Rented Content satisfies the claimed limitation of a time period during which the stored rented digital data that has been transferred to the portable playback device is available for access by the end user. See References 25. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g).

DISH, Exh. 1008, p. 189



Infringing Feature

Customedia asserts that the above identified restriction upon transferred Rented Content literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

60. The system of claim 35, wherein the at least one restriction comprises a time period during which the rented digital data is available for access by an end user.

See Claim 35, hereby incorporated by reference. As described in Claim 35, the processing circuitry and associated software control playback operations, including Rented Content restrictions. One such restriction is the restriction of the time period in which the Rented Content is available for access by an end user. For instance, with Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as he would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR. Once a user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, rented movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. See References 20, 21, 22, 23, and 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified restriction upon transferred Rented Content literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

61. The system of claim 35, wherein the rented digital data is a digital data product selected from a group consisting of movies, video, television programming, computer video games, print content, graphics, multimedia, audio, music, MP3 audio, electronic

See Claim 35, hereby incorporated by reference. As described in Claim 35, Dish Network DVR Devices are devices that control Dish Network’s system for receiving, processing, and playback of rented digital data. Rented digital data includes Rented Content described above. Rented Content includes, but is not limited to, movies, video, television programming, and video games. The above identified Rented Content satisfies the claim limitation of the rented digital data being a digital

DISH, Exh. 1008, p. 190



Infringing Feature

books, software programs, software applications, applets, product catalogs, advertising, and combinations thereof.

data product selected from a group consisting of movies, video, television programming, computer video games, print content, graphics, multimedia, audio, music, MP3 audio, electronic books, software programs, software applications, applets, product catalogs, advertising, and combinations thereof. See References 37, 38, 39. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified rented digital data literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

63. The system of claim 35, further comprising: recording circuitry for recording the rented digital data and control data to a portable digital storage device; and wherein said control data is data used to enact a virtual return of the rented digital data that is recorded to the portable digital storage device.

See Claim 35, hereby incorporated by reference. Claim 35 describes the identified microprocessor and associated processing circuitry with in the Dish Network DVR Devices. The microprocessor and associated processing circuitry, along with associated software and hardware are the recording circuitry for recording Rented Content to a portable storage device, such as a Dish HopperGo. Upon information and belief, with the transfer of recorded rented digital data, associated control data is also transferred to the portable storage device, such as the Dish HopperGo, that associates the Rented Content transferred with the restriction related data, such as limited number of transfers or the limited viewing period of the downloaded rented digital data. Software enacts a virtual return by deleting or blocking access to transferred Rented Content after viewing restrictions have expired. See References 40 and 41. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified recording circuitry literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia

DISH, Exh. 1008, p. 191



Infringing Feature


64. The system of claim 35, further comprising a record of the transferring of the rented digital data to the portable playback device, said record comprising at least one record selected from a group consisting of an identification of the rented digital data, an identification of the at least one restriction on use of the rented digital data, and an identification of the portable playback device; wherein the transferring is monitored by a data supplier.

See Claim 35 and 36, hereby incorporated by reference. Claim 36 describes how Dish Network DVR Devices include communication links that enable the monitoring of the user’s utilization of Video Content including. The Dish Network DVR Devices, through the above described communication links, and associated software and hardware, are also able to monitor the transfer of Rented Content to a portable playback device. Dish Network DVR Devices collect technical and personal data associated with the subscriber’s use of the Dish Network DVR Devices, including the Dish Network customer’s account identification of the Rented Content transferred, and identification of the Customer’s portable playback device, such as a wireless phone or tablet. This information is communicated to Dish Network via the Portable Device, DVR, and Satellite, to at least in part allow Dish Network to monitor use and the playing of the device. See References 30 and 31. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified record literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

65. The system of claim 64, where the portable playback device is selected from a group consisting of a portable telephone, portable digital recorder/player, a portable computer, a PDA, and combinations thereof.

See Claims 35 and 64, hereby incorporated by reference. As described in Claim 35, Dish Network DVR Devices allow for Rented Content to be transferred to an associated portable device, such as a PC, iOS or Android tablet or phone, for viewing on that device. The above identified iOS or Android tablet or phone satisfies the claimed portable playback device being selected from a group consisting of a portable telephone, portable digital recorder/player, a portable computer, a PDA, and combinations thereof. See Reference 15.

DISH, Exh. 1008, p. 192



Infringing Feature

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified portable playback devices literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

68. A system for receiving, processing, and playback of rented digital data, comprising:


DISH Hopper DVRs DISH Hopper 1 DISH Hopper 2 DISH Hopper 3 DISH Hopper with Sling DISH Hopper 1 with Sling DISH Hopper 2 with Sling DISH Hopper 3 with Sling DISH Sling DVRs DISH Network DVRs DISH Network HD DVRs DISH Hopper Joey DISH Hopper Super Joey DISH Network SD-DVRs HD-DVR ViP 722k DuoDVR ViP 722k HD-DVR ViP 612 Solo DVR ViP 612 HD-DVR 612RKIT 922 SlingLoaded HD-DVR ViP 222k HD Dual Tuner ViP 222k

DISH, Exh. 1008, p. 193



Infringing Feature

HD Single Tuner ViP 211k HD-DVR 211z DISH 211z HD DVR SD-DVR Dual Tuner 625 DuoDVR625 SD-DVR 512 Solo DVR 512 DuoDVR522 SD Dual Tuner 322 HD-DVR ViP 222K SD Single Tuner 311 Duo DVR ViP 722K Hopper HD DVR and the Joey Dish 4k Ultra HD Joey DISH Hopper Whole Home DVR Network


The above devices are Dish Network DVR Devices that control Dish Network’s system for receiving, processing, and playback of rented digital data. Rented digital data includes, but is not limited to, On Demand and Pay-Per-View offerings (“Rented Content”). Each of the above identified devices satisfies the claimed system for receiving, processing and playback of rented digital data. EchoStar Corporation manufactures the Dish Network DVR Devices. Dish Network uses, offers to sell, or sells the Dish Network DVR Devices to Dish Network customers as part of Dish Network’s satellite television service. Dish Network Customers are given the option of renting the Dish Network DVR Devices from Dish Network in exchange for a monthly fee, or they can purchase the Dish Network DVR Device. See References 1, 2, 3, 4, and 42.

DISH, Exh. 1008, p. 194



Infringing Feature

circuitry for receiving rented digital data;

Dish Network DVR Devices are receivers that include a microprocessor and associated processing circuitry, such as the Dish Hopper’s Broadcom BCM7420 processor, which together with associated software and hardware, enables the device to download Rented Content. The above identified microprocessor and associated processing circuitry and associated software satisfies the claimed circuitry for receiving Rented Content. See References 5, 6, and 7. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified circuitry for receiving literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

a memory comprising at least one storage device for storing the rented digital data as stored rented digital data;

Dish Network’s DVR Devices come with internal storage devices, such as a hard drive, RAM, and Flash Memory. This memory is used to store hours of Rented Content.

The above identified memory, including associated software satisfy the claimed memory comprising at least one storage device for storing the rented digital data as stored rented digital data.



Customedia asserts that the above identified memory literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

playback circuitry that reads the stored rented digital data from said

Dish Network DVR Devices contain a microprocessor, such as the Broadcom BCM7420 processor, that enables a device to read content from memory. This identified processor is the playback circuity, which

DISH, Exh. 1008, p. 195



Infringing Feature

memory and converts the stored rented digital data to electronic signals for driving a playback device;

together with associated software and hardware, are capable of receiving Rented Content from Dish Network. Once received, the Rented Content is converted to digital form, stored on the device’s memory circuitry described above, read from the memory circuitry, processed by the processing circuity, and played back through the playback circuitry and output to the customer’s attached television.

The above identified microprocessor and associated software satisfies the claimed playback circuitry element that reads the stored rented digital data from said at least one storage device and converts the stored rented digital data to electronic signals for driving a playback device;



processing circuitry comprising software to apply at least one processing function to the rented digital data and to control at least one operation performed upon the stored rented digital data as permitted by at least one restriction on the use of the rented digital data;

Dish Network DVRs Devices include a microprocessor, such as the Dish Hopper’s Broadcom BCM7420 processor, and associated software and hardware to control the operations of the memory and playback circuitry described above. The processor and associated operating system executes software that performs the various control functions of the device, including the downloading, playback, and transfer functionalities.

The processing circuitry and associated software control playback operations, including rented digital data restrictions, such as limiting the time in which the user has to watch the downloaded Pay-Per-View or On-Demand rented digital data. With Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as he would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR. Once a user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, rented movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. Upon expiration of the previously mentioned viewing periods, the rented digital data is virtually returned to

DISH, Exh. 1008, p. 196



Infringing Feature

Dish Network via the user being denied access to view the movie or television show and the title disappearing from the user’s Dish Network library.

The above identified microprocessor satisfies the claimed processing circuitry comprising software to apply at least one processing function to the rented digital data and to control at least one operation performed upon the stored rented digital data as permitted by at least one restriction on the use of the rented digital data. The software referenced specifically in this element will be identified once such information is made available pursuant to 3-1(g). See References 7, 20, 21, 22, 23, and 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified processing circuitry comprising software literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

a user interface operatively connected to said processing circuitry for programming the at least one processing function;

Dish Network’s DVR Devices include a user interface, for example in the form of a graphical tile-based user menu, Universal UHF/IR user hand-held remote control, and programming and control buttons located on the exterior of the device, which together with associated software and hardware, such as the processor and associated processing circuitry described above, allow the end user customer to program the Dish Network DVR Device’s functionalities, such as playback and downloading of Rented Content.

The above identified graphical tile-based user menu, hand-held remote control, and programming and control bottons on the exterior of Dish Network DVR Devices satisfies the claimed user interface operatively connected to said processing circuitry for programming the at least one processing function element. For example, the Dish Network customer is presented with a screen such as that presented below to order Video On Demand content by remote. See References 27, 28, and 29.

DISH, Exh. 1008, p. 197



Infringing Feature



and a digital output operatively connected to said processing circuitry that communicates with a data supplier to allow monitoring by the data supplier of the at least one operation performed upon the stored rented digital data as permitted by the at least one restriction;

Dish Network DVR Devices include digital outputs; for instance, the Dish Hopper contains an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, which together with associated software and hardware, such as the processor and associated processing circuitry described above, enable a data supplier, such as Dish Network, to monitor the end user customer’s operation of the Dish Network DVR Device, including the playback, downloading, and transfer functionalities, in accordance with the restrictions described above. Dish Network collects technical and personal data associated with the subscriber’s use of the Dish DVR and the stored Rented Content. This information is communicated to Dish Network via the DVR, to at least in part allow Dish Network to monitor use and the playing of the device. The above identified digital outputs included on Dish Network DVR Devices satisfy the claimed digital output operatively connected to said processing circuitry that communicates with a data supplier to allow monitoring by the data supplier of the at least one operation performed upon the stored rented digital data as permitted by the at least one restriction. See References 30, 31, and 32. Referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital outputs literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

wherein the at least one restriction As described above, the processing circuitry and associated software control playback operations, including

DISH, Exh. 1008, p. 198



Infringing Feature

on use of the rented digital data comprises a first restriction that defines a time period during which an end user must first access the rented digital data and a second restriction that defines a second time period during which the rented digital data may be used by the end user subsequent to the first access of the rented digital data by the end user, and

rented digital data restrictions. One such restriction defines a time period during which an end user must first access the rented digital data. For instance, Video On-Demand rental movies are only available for 24-48 hours from the time of order, and rented pay-per-view movies can be recorded to Dish’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the digital data expires. Another restriction defines a time period during which the stored Rented Content may be used by an end user after being first accessed. For example, limited recording restrictions allow a user to record Pay-Per-View movies to his or her DVR; once a user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like.

The above identified restrictions satisfy the claimed restriction on use of the rented digital data comprises a first restriction that defines a time period during which an end user must first access the rented digital data and a second restriction that defines a second time period during which the rented digital data may be used by the end user subsequent to the first access of the rented digital data by the end user See References 20, 22, 23, 25, and 26. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified restriction literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

wherein said processing circuitry further comprises a program for transferring to a portable playback device the stored limited-use digital data and control data for use by the portable playback device for performing a virtual return of the limited-use digital data that has been transferred to the portable

As described in Claim 1(d), Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Rented Content that is downloaded and stored on the device’s above described memory to an end user customer’s portable playback devices, including, but not limited, to PCs and iOS or Android phones and tablets. Upon information and belief, the Dish Hopper transfer feature within the Dish Anywhere App, enables the transferring of processing circuitry and associated control data to the portable device that associates the Rented Content transferred with the restriction related data, such as limited number of transfers or the limited viewing

DISH, Exh. 1008, p. 199



Infringing Feature

playback device. period of the downloaded Rented Content. Rented Content is downloaded (stored) in the device’s memory. Dish Network restricts the time in which the user has to watch the downloaded Rented Content. For example, with Pay-Per-View movies, once the movie is rented, the user has 24 hours to view the movie as many times as the user would like; while Video On-Demand movies are only available for 24-48 hours from the time of order. Limited recording restrictions allow a user to record Pay-Per-View movies to the user’s DVR. Once the user begins viewing a recorded Pay-Per-View movie, the user has 24 hours to view the movie as many times as the user would like. In addition, movies can be recorded to the user’s DVR and saved for viewing for a limited amount of time (usually three to six months) before the content expires. Similarly, Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the content expires. Upon expiration of the previously mentioned viewing periods, the Rented Content is virtually returned to Dish Network via the user being denied access to view the Rented Content and the title disappearing from the user’s Dish Network library. The Dish Hopper transfer feature within the Dish Anywhere App, satisfies the claimed program for transferring to a portable playback device the stored Rented Content and control data for use by the portable playback device for performing a virtual return of the Rented Content that has been transferred to the portable playback device. See References 15, 18, 19, 20, 22, 23, 24, 25, and 26. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified program literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

70. The system of claim 68, further comprising a digital connection for a portable digital storage device configured to receive a download of the rented digital data, wherein the download is monitored by a

See Claim 68, hereby incorporated by reference. As described in Claim 68, Dish Network DVR Devices include digital outputs; for instance, the Dish Hopper contains an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port, that enables communicates with a data supplier, such as Dish Network. Dish network DVR Devices also include USB ports that enable the

DISH, Exh. 1008, p. 200



Infringing Feature

data supplier. monitoring by the data supplier of Rented Content downloaded to a portable digital storage device, such as the Dish HopperGo. See References 40 and 41. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital connection literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

72. The system of claim 68, wherein said storage device is located in an end user receiver device.


Dish Network’s DVR Devices are receivers that include internal storage devices, such as a hard drive, RAM, and Flash Memory. This memory is used to store hours of Rented Content.

The above identified memory, including associated software satisfy the claimed memory comprising at least one storage device for storing the rented digital data as stored rented digital data.

See References 9 and 10. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identification literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

73. The system of claim 72, further comprising the playback apparatus, wherein said playback apparatus comprises a portable digital media


As described in Claim 68, Dish Network DVR Devices include processing circuitry. This processing circuitry

DISH, Exh. 1008, p. 201



Infringing Feature

player. further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Rented Content that is downloaded and stored on the devices above described memory to an end user customer’s portable playback devices. Portable devices, include, but are not limited, to PCs and iOS or Android phones and tablets. The above identified PC and iOS or Android phones and tablets satisfy the claimed playback apparatus, wherein said playback apparatus comprises a portable digital media player. See Reference 15. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified playback apparatus literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

74. The system of claim 68, wherein said software further comprises software to enact a virtual return of the stored rented digital data.

See Claims 68, hereby incorporated by reference.

As described in Claim 68, Dish Network DVR Devices include a microprocessor and associated software that controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Video Content. The above identified software satisfies the claimed software to enact a virtual return of the stored rented digital data. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified software literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

DISH, Exh. 1008, p. 202



Infringing Feature

75. The system of claim 74, wherein the virtual return of the stored rented digital data comprises providing at least one option for enabling the at least one operation to be performed upon the stored rented digital data as allowed by the at least one restriction.

See Claims 68 and 74, hereby incorporated by reference. As described in Claim 68, Dish Network DVR Devices include a microprocessor and associated software controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Rented Content. The virtual return of stored Rented Content is described in Claim 1(g). Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing periods, the rented digital data is virtually returned to Dish Network via the user being denied access to view the movie or television show. If the end user attempts to view an expired event, the user will receive a message from Dish Network prompting the end user to delete the title from the end user’s recording list. The above identified message prompting the end user to delete the virtually returned title satisfies the claimed limitation providing at least one option for enabling the at least one operation to be performed upon the stored rented digital data as allowed by the at least one restriction . See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim is satisfied under the Doctrine of Equivalents.

76. The system of claim 75, wherein the virtual return of the stored rented digital data further comprises providing a message to an end user alerting the end user of the virtual return and the at least one operation to be performed upon the stored rented digital data as allowed by the at least one

See Claims 68 and 75, hereby incorporated by reference. As described in Claim 68, Dish Network DVR Devices include a microprocessor and associated software controls operations of the memory and playback circuitry. The software also includes software to perform a virtual return upon stored Video Content. The virtual return of stored Rented Content is described in Claim 35(f). Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing period, the Rented Content is virtually returned to Dish Network via the user being denied access to view the Rented Content. If the end user attempts to view an expired event, the user will receive a message from Dish Network

DISH, Exh. 1008, p. 203



Infringing Feature

restriction. notifying the end user of the virtual return. The above identified message prompting the end user to delete the virtually returned title satisfies the claimed limitation providing a message to an end user alerting the end user of the virtual return and the at least one operation to be performed upon the stored rented digital data as allowed by the at least one restriction. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

78. The system of claim 74, wherein the virtual return of the stored rented digital data is automatically performed upon the expiration of a defined rental time period by an operation selected from a group consisting of deleting, encrypting, scrambling, blocking further access to the rented digital data, disabling an authorization key, and combinations thereof.

See Claims 68 and 74, hereby incorporated by reference. As described in Claim 68, Dish Network DVR Devices include a processor and associated processing circuitry, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, allow for the end user customer to transfer Rented Content to a PC and wireless phone or tablet. The processor and associated processing circuitry, and the Dish Hopper transfer feature within the Dish Anywhere App, which together with associated software and hardware, also enable the transfer of Rented Content, including, but not limited to On-Demand and Pay-Per-View rental movies, television show, and video games, along with associated control data that enables a virtual return performed upon rented content via the user being denied access to view the movie or television show and the title disappearing from the user’s Dish Network library. The On-Demand and Pay-Per-View rentals and their virtual return satisfy the claimed limitation of the virtual return of the stored rented digital data is automatically performed upon the expiration of a defined rental time period by an operation selected from a group consisting of deleting, encrypting, scrambling, blocking further access to the rented digital data, disabling an authorization key, and combinations thereof.. See References 24, 25, and 26.

DISH, Exh. 1008, p. 204



Infringing Feature

The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identifications literally satisfy this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

79. The system of claim 74, wherein the virtual return of the stored rented digital data comprises providing a notification to a data supplier of the virtual return of the stored rented digital data.

See Claims 68 and 74, hereby incorporated by reference. As described in Claim 68, Dish Network Devices include the Dish Hopper transfer feature within the Dish Anywhere App program, along with associated software and hardware that allow for transferring of Rented Content from the Dish Network DVR Device to a portable playback device, such as a PC and iOS or Android phone or tablet. The Dish Hopper transfer feature, along with associated software and hardware, also enables notifying a Dish Customer of the virtual return of transferred Rented Content. For instance, Rented Content recorded to the DVR and transferred to a portable device contains a lifespan restriction of 30 days before the digital data expires. Upon expiration of the previously mentioned viewing period, the Rented Content data is virtually returned to Dish Network via the user being denied access to view the Rented Content. Dish Network uses the Dish Network DVR Devices to send the end user a notification that content must be deleted at the end of the viewing period, as such it is notified of the expirations of the viewing period. The above identified message notifying the data supplier of virtually returned Rented Content satisfies the claimed limitation providing a notification to the data supplier of the virtual return. See Reference 24. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified notification literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

80. The system of claim 68, See Claim 68, hereby incorporated by reference.

DISH, Exh. 1008, p. 205



Infringing Feature

wherein the at least one operation performed upon the stored rented digital data is an operation selected from a group consisting of a download, a playback, a transfer, a copy, a deletion, a virtual return, and combinations thereof.

As described in Claim 35, Dish Network DVRs Devices include a microprocessor with processing circuitry, and associated software and hardware, that control the operations performed upon stored Rented Content, including, but not limited the download, playback, and virtual return functionalities described above. The above identified functionalities performed upon Video Content satisfy the claimed operation performed upon the stored rented digital data is an operation selected from a group consisting of a download, a playback, a copy, a deletion, a virtual return, and combinations thereof. See Reference 11. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified operation literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

82. The system of claim 68, wherein said digital output communicates with the data supplier via at least one digital communication link, wherein the at least one digital communication link comprises an Internet connection in digital communication with a database comprising the rented digital data, an Internet website comprising an interface for an end user to access the rented digital data, and an account transaction server located remote from said circuitry for

See Claim 68, hereby incorporated by reference. As described in Claim 36, Dish Network DVR Devices include digital outputs devices. The digital output device communicate with the data supplier, such as Dish Network, via a communication link such as an internet connection Ethernet port (10/110 BaseT), phone-line port (modem RJ-11), F-coaxial port (Satellite & moCA Band F-Compatible), and remote antenna coaxial port. The internet connection Ethernet port allows for communication with a database comprising Rented Content, such as Dish Network’s On-Demand and Dish Cinema database; internet connected applications such as Netflix and Pandora; internet websites, such as Dish Network’s Dish Cinema interface for an end user to access Rented Content, and a remote Operations Center that allows Dish Network to collect information such as account and billing-related information. The communication to a data supplier through one of the communication links satisfies the claim limitation of a digital output communicating with the data supplier via at least one digital communication link, wherein the at least one digital communication link comprises an Internet connection in digital communication with a database comprising the rented digital data, an Internet website comprising an interface for an end user to

DISH, Exh. 1008, p. 206



Infringing Feature

receiving the rented digital data. access the rented digital data, and an account transaction server located remote from said circuitry for receiving the rented digital data. See References 30, 34, 35, and 37. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified digital communication links literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

83. The system of claim 68, further comprising a playback apparatus, wherein said playback apparatus comprises a portable digital media player.

See Claim 68, hereby incorporated by reference. As described in Claim 68, Dish Network DVR Devices include processing circuitry. This processing circuitry further includes software, such as the Dish Hopper transfer feature within the Dish Anywhere Application, which together with associated software and hardware, allow for the end user customer to transfer Rented Content that is downloaded and stored on the device’s above described memory to an end user customer’s portable playback devices. Portable devices, include, but are not limited, to PCs and iOS or Android phones and tablets. The above identified PC and iOS or Android phones and tablets satisfy the claimed playback apparatus, wherein said playback apparatus comprises a portable digital media player. See Reference 15. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified playback apparatus literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

84. The system of claim 68, See Claim 68, hereby incorporated by reference.

DISH, Exh. 1008, p. 207



Infringing Feature

wherein the rented digital data is a digital data product selected from a group consisting of movies, video, television programming, computer video games, print content, graphics, multimedia, audio, music, MP3 audio, electronic books, software programs, software applications, applets, product catalogs, advertising, and combinations thereof.

As described in Claim 68, Dish Network DVR Devices are devices that control Dish Network’s system for receiving, processing, and playback of rented digital data. Rented digital data includes Rented Content described above. Rented Content includes, but is not limited to, movies, video, television programming, and video games. The above identified Rented Content satisfies the claim limitation of the rented digital data is a digital data product selected from a group consisting of movies, video, television programming, computer video games, print content, graphics, multimedia, audio, music, MP3 audio, electronic books, software programs, software applications, applets, product catalogs, advertising, and combinations thereof. See References 37, 38, 39. The referenced software will be more specifically identified once such information is made available pursuant to 3-1(g). Customedia asserts that the above identified video content literally satisfies this claim element. However, to the extent there are any differences between the accused instrumentality and this claim element, Customedia asserts that this element is satisfied under the Doctrine of Equivalents.

DISH, Exh. 1008, p. 208

for the eastern district of texas marshall division … · 2017-02-07 · united states district...

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