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IPR201600789 Petition
U.S. Patent 8,402,555
TABLE OF CONTENTS
I.
B.
Related Matters................................................................................. - 1 -
C.
Counsels ........................................................................................... - 2 -
D.
II.
III.
B.
IV.
2.
3.
U.S. Pat. 8,001,612, filed Aug. 12, 2005 and issued Aug.
16, 2011 (Wieder (EX1007)), which is prior art under
35 U.S.C. 102(e). Wieder is used to show the claimed
token database. ....................................................................... - 3 -
4.
B.
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V.
VI.
C.
D.
B.
C.
B.
C.
D.
VII. CONCLUSION......................................................................................... - 60 -
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EXHIBIT LIST
Exhibit No.
Description
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
iii
IPR201600789 Petition
U.S. Patent 8,402,555
I.
MANDATORY NOTICES
A.
Real PartyinInterest
Pursuant to 37 C.F.R. 42.8(b)(1), Petitioner certifies that Unified is the real
Related Matters
U.S. Patent No. 8,402,555 ( 555 Patent (EX1001)) is a parent of a
continuation U.S. Patent No. 8,533,860 ( 860 Patent), which has a continuation
U.S. Patent No. 8,887,308 ( 308 Patent), against which IPR petitions are being
concurrently filed. On Dec. 6, 2013 Grecia sued Microsoft, Google, Sony Network
Entertainment International and Apple for infringement of the 860 Patent.
Between Feb. 20, 2014 and Nov. 30, 2015, Grecia has sued the following for
infringement of different combinations of the three patents: Adobe Systems,
American Express, Visa, MasterCard, Charter Communications, Time Warner
Cable, AT&T Services, DirecTV, WideOpenWest Finance, RCN Telecom
Services, Network L.C.C., Charter Communications, Time Warner Cable,
Comcast, DISH Network, Amazon.com, Samsung Telecommunications America
and Vudu.
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A Petition for Inter Partes review of the 860 Patent was filed by Sony Network
Entertainment International LLC, IPR201500422, PTAB, December 14, 2014 and
dismissed by request of the parties. Petitioner filed IPR2016-00600 against the
860 Patent on Feb. 17, 2016. Petitioner filed IPR2016-00602 against the 308
Patent on March 3, 2016.
C.
Counsels
Lead Counsel for Petitioner is Paul C. Haughey (Reg. No. 31,836), of
Kilpatrick Townsend & Stockton LLP. Backup Counsel is Jonathan Stroud (Reg.
No. 72,518), of Unified, and Scott E. Kolassa (Reg. No. 55,337), of Kilpatrick
Townsend & Stockton LLP.
D.
consents
phaughey@kilpatricktownsend.com,
to
electronic
service
at
jonathan@unifiedpatents.com,
and
SKolassa@kilpatricktownsend.com.
II.
review is sought is available for inter partes review and that Petitioner is not
barred or estopped from requesting and inter partes review challenging the patent
claims on the grounds identified in this Petition.
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III.
explained below:1
1.
U.S. Patent No. 6,891,953 (filed on June 27, 2000 and issued on May 10,
2005) (DeMello (EX1005)), which is prior art under 35 U.S.C. 102(b).
2.
U.S. Pub. No. 2008/0313264 (filed on Jun. 12, 2007 and published on Dec.
18, 2008) (Pestoni (EX1006)), which is prior art under 35 U.S.C.
102(b).
3.
U.S. Pat. 8,001,612, filed Aug. 12, 2005 and issued Aug. 16, 2011
(Wieder (EX1007)), which is prior art under 35 U.S.C. 102(e). Wieder
is used to show the claimed token database.
The 555 Patent issued from a patent application filed prior to enactment of
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4.
U.S. Pat. 6,385,596 (filed Feb. 6, 1998 and issued May 7) (Wiser
(EX1008)), which is prior art under 35 U.S.C. 102(b). Wiser is used to
show the customization module and royalty scheme of claims 11, 16, 25
and 26.
B.
A.
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B.
art was alleged to tie media to a particular user or limited number of devices:
The current metadata writable DRM measures do not offer a
way to provide unlimited interoperability between different
machines. Therefore, a solution is needed to give consumers the
unlimited interoperability between devices . (555 Patent at
2:67 3:4).
DRM schemes for ebooks include embedding credit card
information and other personal information inside the metadata
area of a delivered file format and restricting the compatibility
of the file with a limited number of reader devices and
computer applications. Id. at 2:1822.
The alleged innovation of the 555 Patent is to obtain a membership
identification reference (e.g., Facebook ID) from a website providing membership
and write it into the metadata of the media. This allows anyone with the
membership reference ID to access the media on any device. The claim elements
of claim 1 and the other challenged claims correspond to the steps of Fig. 6 of the
555 Patent, copied below:
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Claim 1 of the 555 Patent is simple but lengthy, and is summarized below
with the letters corresponding to the elements in the claim charts below, and the
numbers corresponding to Fig. 6 above:
[A] Preamble: Authorizing media access for plural data processing devices
(multiple user devices).
[B] (602) Receive user request, with membership verification token (e.g.,
Amazon password), for content access and branding. Patent Owner admits
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that corresponding steps B and C of the 860 Patent are in the prior art (as
discussed below).
[C] (604) The verification token is authenticated.
[D] (606) Establish a connection with user communication console (with
GUI and API for a verified web service, e.g., Facebook)
[E] (608) An identification reference (e.g., Facebook login) is requested
from the user.
[F] (610) The identification reference is received.
[G] (612)The membership verification token and identification reference are
written into the content metadata. Patent Owner admits the corresponding step in
the 860 Patent is in the prior art.
With respect to the continuation 860 Patent, the Patent Owner has
suggested that the particular order set forth above is required, and that all
corresponding 6 modules of Fig. 1 must be present and separate. See Sony Network
Entertainment Intl v. Grecia, IPR201500422 at 34, 1718 (PTAB Mar. 11,
2015) (Preliminary Response) (Sony v. Grecia Preliminary Response (EX1003)).
However, the Provisional Application never mentioned the word module as used
in the claims, and did not have the module diagram of Fig. 1. The module term
was added to claim 12, and the order of the modules (e.g., first and second receipt
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modules in claim 12) and method steps (e.g., claim 1) is described in the 555
Patent as not limiting:
In this document, relational terms such as `first` and
second`, and the like may be used solely to distinguish
one entity or action from another entity or action without
necessarily requiring or implying any actual such
relationship or order between such entities or actions.
555 Patent, 4:6064.
Fig. 3 of the 555 Patent, copied below, shows an embodiment where a user
obtains content using GUI 301 on the left, using a verification token that is
authenticated (a membership verification token in the 555 Patent claims,
described in the application as having a list of options). This corresponds to the
first two steps, 602 and 603, which are admitted prior art in the continuation 860
Patent. Note the same described system performs both steps. Then, the user uses
GUI 307 on the right to contact a verified web service (e.g., Facebook) to verify
the user using an electronic ID (e.g., Facebook login). The same system performs
the last 3 steps.
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Petitioner notes that the term excelsior enabler as used in the specification
simply means user. Patent Owner characterized it as follows: authorized users
(excelsior enablers). June 12, 2012 response to office action for the 555 Patent.
The term enabler was also in the original claims of the 555 Patent, but was
replaced with user. Excelsior refers to the main, or first user: [T]he excelsior
enabler and secondary enablers defined comprises human beings or computerized
mechanisms programmed to process steps of the invention as would normally be
done manually by a human being. 555 Patent, 5:1216.
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C.
The Examiners
reasons for allowance (EX1004) noted that Baiya and Wimmer taught the first and
last elements of claim 1. Neither of them show a users membership used to brand
digital content so it could be used on multiple devices. Baiya describes a content
management system for a group or a business, where libraries for documents and
other media are established and authorized users are given keys to access those
libraries. Wimmer describes branding video content with an end user's personal
identity information as a deterrent against unauthorized redistribution. Thus, the
Examiner found no reference where a users membership was used to brand digital
content so it could be used on multiple devices. This feature, however, is clearly
present in the prior art references discussed herein.
In the Certificate of Correction, the claim language obtained from a verified
web service was changed to related to a verified web service.
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D.
date of the 555 Patent (Feb. 10, 2010) would possess at least a university degree
or have equivalent professional experience related to electronics and/or software,
with some experience in digital rights management such as two years of work
experience. (See Cherukuri Decl. (EX1009), 2832, 5961.) The claims of the
555 Patent are directed to a DRM system used with standard computers
communicating over known network means. Thus, one of ordinary skill in the art
requires knowledge of DRM programs, generally. (Id., 22.)
V.
CLAIM CONSTRUCTION
Claim terms of a patent in inter partes review are normally given the
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narrower. See Facebook, Inc. v. Pramatus AV LLC, 2014 U.S. App. LEXIS 17678,
*11 (Fed. Cir. 2014). The constructions proposed below should be applied
regardless of whether the terms are interpreted under the Phillips standard or the
broadest reasonable interpretation standard.
There have been no claim construction orders yet in the District Court
litigations involving the 555 Patent. There has been a joint claim construction
statement by Patent Owner and Amazon. (See Grecia v. Amazon.com, No. 2:14
cv00530 (W.D. Wash. Dec. 22, 2014) (Joint claim construction statement by
Patent Owner and Amazon), and Ex. C (Grecia v. Amazon.com Claim
Construction (EX1002)); see also 37 C.F.R. 42.62 and F.R.E. 801(d)(2). See
also Cherukuri Decl. (EX1009) at 4355.
A.
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that is used to authenticate the identity of a user or device. See Grecia v.
Amazon.com Claim Construction (EX1002), Ex. C, p. 16. The Patent Owner term
of an authenticated credential does not appear in the 860 Patent and the identical
specification of the continuation 308 Patent, and the example is a Facebook login
name and password to authenticate the user, not authenticate the credential. Thus,
the Amazon proposal is correct: the proper construction is any web service that is
used to authenticate the identity of a user or a device, or, in other words, any web
service which verifies an identity, such as through a user name and password.
B.
digital content and Amazon proposed data that describes the digital content, in
the same media file as the digital content. Id. (EX1002), Ex. C, p. 1. Petitioner
submits it is well known that metadata doesnt just describe the digital content, and
thus Amazons construction is too narrow. Also, meta data is not necessarily in the
same media file. See Cherukuri Decl. 50. Petitioner, for the purposes of this
petition, submits the construction is data about the digital media.
C.
similar term including session was construed (two way data exchange session).
Patent Owner proposed requesting the at least one identification reference from
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the at least one communications console and receiving the at least one
identification reference from the at least one communications console. Amazon
proposed transfer of information from a device to a server and from the server to
the device. Grecia v. Amazon.com (EX1002), Ex. C, p. 19. The Patent Owner
proposal adds in other limitations from the claim and is thus too detailed, and
Amazon adds a server and device limitation. In any event, without the term
session, the plain meaning appears clear. Petitioner submits the construction is
an exchange of data.
VI.
subject matter, and are corroborated by the opinion in the Cherukuri Decl.
(EX1009).
A.
charts and fit within the allowed page limits. Only independent claim 1 is
separately discussed.
B.
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Claim 1DeMello. DeMello describes a system for delivery of electronic books or
other media. Id. at 4:4149. A purchaser can link a book to a persona so that it
can be read on multiple user devices (readers) or shared with others associated
withthe same persona. The user provides PASSPORT credentials (a user ID and a
password PASSPORT is Microsofts single signon service). An activation
server authenticates the user using the PASSPORT credentials in communication
with the PASSPORT servers. The PASSPORT ID is associated with the
purchasers persona and written to an activation certificate. Id. at 13: 2135.
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membership
using
authentication
credentials
(e.g.,
Amazon.com
logon
DeMello (EX1005)
A server architecture for a digital rights management
system that distributes and protects rights in content. Id. at
Abstract, ll. 12.
An encrypted digital media: source sealed and
individually sealed content is encrypted. Id. at 2:610.
Facilitating interoperability between a plurality of data
processing devices: The PASSPORT object 96 provides the
required interfaces into the PASSPORT.TM. servers that
authenticate the endusers using, for example, their hotmail
accounts (or other PASSPORT credentials). In accordance with
aspects of the present invention, this object advantageously
associates the activation certificate with a persona, instead
of a single PC, thus allowing each persona to utilize multiple
readers to read level 5 titles. Id. at 13:1724.
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activation quotas that allow users to activate readers on
multiple devices as well as allow them to activate new
devices as they upgrade their hardware, reformat their
hard disks, etc. Id. at 25:2936.
[B] This element (chart below) requires an encrypted digital media access
branding request (which eventually results in a metadata read/write) along with a
membership verification token [this was alleged vs. the Amazon Kindle logon, for
example] from a communications console (the user device). Patent Owner admits
the corresponding element in the continuation 860 Patent, and the corresponding
following element [C] are shown in the prior art:
communicating access rights over the Internet to a
license serverthe first and second steps of method claim
1 in the 860 patentwas well known in the digital rights
management field.
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membership verification token provided by a first user, corresponding to the
encrypted digital media. This clearly means the request corresponds to the digital
media, since the membership verification token is not related to the media until the
branding is completed.
DeMello
relationship with a retailer (left of Fig. 4), which inherently would include
providing a token, such as a retailer password and/or email (e.g., Amazon logon
credentials). User authentication and establishing a membership are obvious in
view of the admitted prior art. The admitted prior art steps are described in the
555 Patent as verifying membership to a site to buy content, and DeMello recites
establishing such a membership relationship. It would be obvious to use the
verification token of the admitted prior art to establish a membership relationship.
See Cherukuri Decl. (EX1009) 74 and Ex. C.
[B] receiving an encrypted
digital media access
branding
request from at least one
communications console of
the
plurality of data processing
devices, the branding request
being a read or write
request of meta data of the
encrypted digital media, the
request comprising a
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membership
verification token provided
by a first user, corresponding
to the encrypted digital
media;
[C] As described above, the corresponding element in the 860 Patent was
also admitted by Patent Owner to be in the prior art. The only differences is a
particular (membership) token is recited, and a token database is recited, which is
necessary to authenticate any token. DeMello shows authenticating the username
and other credentials (verification token) of this element as described in the chart
below. The authentication can be of the credit card or membership information by
the retail site (e.g., Amazon logon). It is inherent that a database is used for such
an authentication. These all correspond to the admitted prior art.
Wieder (EX1007) describes a usagerights repository 24 (Wieder Fig. 1)
for storing usagerights tokens (a token database) used for validation of user
ownership by different experience providers that allow custom playlists (e.g.,
Apple iTunes, Microsoft Windows Media). Wieder, 4:465:39; 8:2428; 15:14.
The database stores the tokens which include TokenOwner, UsageRights,
and PurchaseRecord. Id. at Fig. 13, 7:3031. It is inherent in DeMello that the
credit card data are authenticated using a database of membership records of
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customers of an online book store. It is obvious to combine DeMello with Wieder,
which shows authenticating a PurchaseRecord (verification token).
Because Wieder and DeMello both relate to Digital Rights Management, and
both relate to supporting multiple users or user devices, it would be obvious to
combine Wieder with DeMello to implement a database of user personas associated
with multiple user readers. Also, DeMello specifically refers to credit card
validation and requiring the users to authenticate themselves, thus referencing
the many standard ways of doing this, of which Wieder is just one example.
Because DeMello describes linking content to a PASSPORT ID instead of a device
ID, it would be obvious to add the PASSPORT ID to the token contents shown in
Fig. 13 of Wieder, thus providing a database of PASSPORT IDs. Additionally, it
would be obvious to include in the record of the database other information, such
as the username and other credentials identified in DeMello. The Wieder database
is also described as including other information, and it would be obvious to include
the other data of DeMello, and it would be obvious to do this in a single database
or multiple databases. Wieder thus shows more details of actions specifically
described in DeMello. See Cherukuri Decl. (EX1009) 75-85.
The corresponding element in the 860 Patent is admitted
[C]
authenticating prior art.
the
DeMello (EX1005) Retail site authentication:
membership
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verification
token, the
authentication
being
performed in
connection
with a
token
database;
After the buying customer has selected the titles he/she wishes
to purchase and decides to complete an order, the merchant will
process the order according to their existing methods (e.g., credit
card validation, billing, etc.). This may include requiring the
users to authenticate themselves (for those which require a
membership record from their customers) id. at 40:2329.]
Wieder (EX1007):
There may also be one or more usage-rights repositories
(usage-rights authorities) 24 [token database]. The usage-right
repository utilizes a common "standard for usage-rights tokens"
25 so that a user's collection of compositions, represented by the
set of usage-rights tokens a user acquires, may be recognized and
usable with all experience-providers. Each usage-rights token
may be defined to limit use to only a specific individual user or a
group of specific users (e.g., a family). Wieder at 8:3747.
A secure database of all issued tokens may be maintained in
the usage-rights repository. Id. at 14:1112.
Usage-Rights Representations:
In one embodiment, the token may represent a receipt of
ownership or allowable usage that may be understood and
validated by any experience-provider 26. Id. at 15:14.
Token applicable to multiple devices:
In one preferred embodiment, the token may be defined to be
valid for all available (network interface-able) user-devices
and their corresponding formats. This is a major convenience for
user's since they no longer need to be concerned with the details
of user-device formats, format translations and compatibility
problems. The user is guaranteed that their token will be good for
use with all their user-devices. Id. at 15:1319.
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[D] This element is establishing a connection with user communication
module which has a GUI and an API related to a verified web service (e.g.,
Facebook). Patent Owner admitted that such GUIs and APIs for verified web
services are known in the prior art:
The web service equipped with the API is usually a
wellknown membership themed application in which
the users must use an authentic identification. Some
example includes Facebook in which as a rule, members
are required to use their legal name identities. A
reference number or name with the Facebook Platform
API represents this information. Other verified web
services in which real member names are required such
as the LinkedIn API and the PayPal API and even others
could be used . 555 Patent at 10:4250
DeMello discloses the communications console of this element as the
reader. The reader provides access to a bookstore feature, which is the required
GUI. The user is prompted at the reader (e.g., a prompt in a GUI) to login using
PASSPORT credentials to authenticate the user at the PASSPORT server. The
reader then sends the login credentials to the PASSPORT server via the API of the
PASSPORT server to authenticate the user at the PASSPORT server. Id. at 9:6
14; 23:610, 23:1923. It is obvious that the reader in DeMello would formulate
its request according to the protocol specified by the API of the verified web
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service (the PASSPORT server).
into
the
PASSPORT.TM.
servers
that
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Id. at 10:3037,
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The PASSPORT API mentioned in DeMello facilitates communication of
PASSPORT credentials for authentication between the reader and the PASSPORT
server via the activation server.
exchange of the user name and password for the activation certificate.
Cherukuri Decl. Ex. C, claim 1[D].
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See
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[D]
establishing a
connection with
the at least one
communications
console wherein
the
communications
console is a
combination of
a graphic user
interface (GUI)
and an
Application
Programmable
Interface (API)
protocol,
wherein the API
is related to a
verified web
service, the
verified web
service capable
of facilitating a
two way data
exchange to
complete a
verification
process;
DeMello (EX1005)
At step 150, the reader client opens into the integrated
bookstore feature and connects, via secure sockets layer (SSL)
[establishing a connection], to the activation servers 94, where
users are prompted to login using, in this example, their
PASSPORT credentials (step 152). Id. at 23:517
Activation Server 94 includes a PASSPORT object 96 and an
activation server ISAPI Extension DLL 98. The PASSPORT
object 96 provides the required interfaces into the
PASSPORT.TM. servers that authenticate the endusers
using, for example, their hotmail accounts (or other
PASSPORT credentials). Id. at 13:3035.
Once user's PASSPORT.TM. credentials are authenticated
(step 156), a PASSPORT.TM. API is queried for the user
alias and email address (step 158).
The secure repository executable and activation certificate are
then downloaded [two way data exchange] to the client (steps
188 and 190). Id. at 24:3335.
Moreover, the activation server arrangement preferably
provides a given activation certificate [two way data
exchange] (that is, an activation certificate having a particular
key pair) only after authenticating credentials (e.g., a
username and password) associated with a persona. Id. at
2:5054.
the PASSPORT ID is contained in the activation certificate,
Id. at 15:6716:49.
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[E] DeMello shows the electronic identification reference, specified as a
verified web service account identifier of this element is communicated by the
reader (also client or user computing device the communications console).
DeMello shows sending an activation certificate (which includes the account
identifier PASSPORT ID and other identifiers) by the activation server. The data
exchange is both explicitly described and is inherent, since the activation
certificate would not be communicated unless it was requested or understood to be
requested. See Cherukuri Decl. (EX1009) 64, Ex. C, claim 1[E].
[E] requesting at least
one electronic
identification reference
from the at least one
communications
console wherein the
electronic identification
reference comprises a
verified
web service account
identifier of the first
user;
DeMello (EX1005)
At step 150, the reader client opens into the integrated
bookstore feature and connects, via secure sockets layer
(SSL), to the activation servers 94, where users are
prompted to login [requesting] using, in this example,
their PASSPORT.TM. credentials (step 152). Id. at
23:611.
PASSPORT ID-The persona ID associated with the
user, which is provided by the user during activation.
Id. at 15:6516:51.
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[F] receiving the
at least one
electronic
identification
reference from
the at least one
communications
console; and
DeMello (EX1005)
At step 150, the reader client connects, via secure sockets
layer (SSL), to the activation servers 94, where users are
prompted to login [requesting] using, in this example, their
PASSPORT.TM. credentials (step 152). Id. at 23:610.
PASSPORT ID-The persona ID associated with the user,
which is provided by the user during activation.
Id. at 15:6516:51.
[G] This element requires that the verification token and identification
reference be written into metadata. Patent Owner admits this was shown in the
prior art for the verification token in the 860 Patent:
This disclosure corresponds to, for example, the first,
second, and sixth steps of claim 1 of the 860 patent as
illustrated in Figure 3 at 301, 303, and 305 (i.e., receiving
a write request and authentication) and 302 (i.e., writing
the verification token into the metadata). Wimmer stops
there, however, and critically lacks the third, fourth, and
fifth steps of claim 1 of the 860 patent .
Sony v. Grecia Preliminary Response (EX1003) at p. 13. See also Cherukuri
Decl. (EX1009) at 23.
DeMello discloses the writing of the identification reference (verified web
service account identifier) to metadata in two different ways. The PASSPORT ID
(an identification reference) is part of the activation certificate, as described above,
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and the public key of the user's activation certificate is cryptographic hashed with
metadata. The PASSPORT ID is also written into (stores into) a registry (Id. at
16:4849), which constitutes additional metadata because it is associated with the
content. See Cherukuri Decl. 64, Ex. C, claim 1[G].
DeMello also discloses the writing of the membership verification token to
metadata.
The purchaser credit card and name (a verification token) are written
DeMello (EX1005)
PASSPORT ID as verification token written to metadata
stores the PASSPORT ID in the registry [metadata] on the
user's computing device, Id. at 16:4849.
the PASSPORT ID is contained in the activation certificate,
Id. at 15:6516:51. the key is a symmetric key 14A that is sealed
with a cryptographic hash of metadata 12 or, in the case of level
5 titles, with the public key of the user's activation certificate. Id.
at 6:4245.
Purchaser name as verification token written to metadata:
An "individually sealed" title is an eBook whose metadata
includes information related to the legitimate purchaser (e.g., the
user's name or credit card number, the transaction ID .. Id.
at 5:4548.
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license server for a content license that is bound to the users domain membership
ID. Id. at Abstract; [0002]; [0012]. A separate domain administrator authenticates
the user, with a password, and provides the users device, as well as any another
other of the users devices, with a domain membership license to allow access to
the content based on the users domain membership. Id. The content license is
metadata with a domain membership ID.
Id.
corresponding elements [B] and [C] of the 860 Patent are in the prior art (as
discussed above). See Cherukuri Decl. (EX1009) 86-102 and Ex. D, claim 1.
[A] Preamble. Pestoni discloses a method for facilitating digitalmedia
access rights between multiple user devices. Id. at [0013].
555 Patent
(emphasis added)
[A] 1. A method
for monitoring
access to an
encrypted digital
media, the method
facilitating
interoperability
between a
plurality
of data processing
devices, the
method
comprising:
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[B] As noted, Patent Owner has admitted as prior art the corresponding
element, which requires an access branding request (which eventually results in a
metadata read/write) along with a membership verification token from a
communications console (the user device). Pestoni discloses this as a domain
membership license obtained with a joindomain request 220 which includes user
credentials such as a user id and password. Id. at [0041]. Pestoni discloses
concurrently submitting content and joindomain requests 240, 220. Id. at [0038].
The admitted prior art steps include the 555 Patents verifying membership at a
site to buy content, and Pestoni recites establishing a domain membership
relationship. It would be obvious to use the verification token of the admitted prior
art to establish a membership relationship.
[B] receiving
an encrypted
digital media
access
branding
request from at
least one
communication
s console of the
plurality of
data processing
devices, the
branding
request being a
read or write
request of
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meta data of
the
encrypted
digital media,
the request
comprising a
membership
verification
token provided
by a first user,
corresponding
to the
encrypted
digital media;
[C] As noted, the corresponding element in the 860 Patent was admitted by
Patent Owner to be in the prior art. Pestoni does a similar authentication, as in the
admitted prior art, and thus it is the part of Pestoni is admitted to be obvious. In
Pestoni, for example, the user id/password [verification token] included in the
access branding request is authenticated using domain administer 102, which
compares against stored passwords.
It is
obvious to combine Pestoni with the token database of Wieder, which shows
authenticating a PurchaseRecord (verification token).
Because Wieder and Pestoni both relate to Digital Rights Management, and
both relate to supporting multiple users or user devices, it would be obvious to
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combine Wieder with Pestoni to implement a database of user domains associated
with multiple user readers. The Wieder database is also described as including
other information, and it would be obvious to include the other data of Pestoni, and
it would be obvious to do this in a single database or multiple databases. Wieder
thus shows more details of actions specifically described in Pestoni.
[C]
authenticating
the
membership
verification
token, the
authentication
being
performed in
connection
with a
token
database;
Elements [D][F], as described under Ground 1 above, set forth using a GUI
and an API to communicate with a verified web service to request [E] and receive
[F] a verified web service account identifier. As described above, the use of a
GUI and an API to access a verified web service is admitted prior art. In addition,
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since both DeMello and Pestoni were assigned to Microsoft, and both relate to very
similar digital rights systems, the use of a GUI and API discussed in DeMello
above is evidence of the common practice of Microsoft programmers in
implementing these systems.
Element [D] requires a two way data exchange session to complete a
verification process. Pestoni describes completing the verification process by
establishing a connection with license server 106. To do so, the user device
sends to the license server a content license request 252 that includes a domain
certificate, which is verified web service account identifier. Pestoni teaches that
the license server 106 is a verified web service because the license server 106 is
accessible only with a domain ID, which can only be obtained after domain
administrator 102 authenticates the user credential, such as the user id/password.
Pestoni at [0038], [0041], [0045], [0072], [0073]. This meets the verified web
service claim construction above of any web service that authenticates the identity
of a user or a device , or, in other words, any web service which verifies an
identity, such as through a user name and password.
[D] establishing a
connection with the at
least one
communications
console wherein the
communications
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console is a
combination of a
graphic user interface
(GUI) and an
Application
Programmable Interface
(API) protocol, wherein
the API is related to a
verified web service, the
verified web service
capable of facilitating a
two way data exchange
to complete a verification
process;
Element [E] sets forth requesting a verified web service account identifier,
while Pestoni describes the device 202 sending a domain ID [verified web service
account identifier] in content license request 252. Varying which side initiates the
request for the verified web service account identifier is an obvious matter of
design choice. One of skill in the art would recognize that the License Server
could request the domain ID in response to a license request, or the device could
simply supply the domain ID as part of the request.
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[E] requesting at least one
electronic identification reference
from the at least one
communications console wherein
the electronic identification
reference comprises a verified web
service account identifier of the
first user;
[F] The license server 106 receives from device 202 a content license
request 252, which includes various identification references, including a key ID, a
domain ID, and a domain certificate. This element is part of element [E], since a
requested element is clearly received.
[F] receiving the at
least one electronic
identification reference
from the at least one
communications
console; and
Element [G] is shown. Pestoni shows the verified web service as License
Server 106, which requests and receives Domain ID and domain certificate.
See id. at par. 007274. A content license is generated, and bound to the domain
associated with the Domain ID. Id. at par. 007982. The content license 254,
bound to domain 204, is returned to device 202, which stores the license in content
license store 210. Once device 202 has the content license, it is able to access the
protected content. Id. at par. 0084. The content license 254, bound to domain 204
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and stored in content license store 210 of device 202, obviously constitutes
metadata, since this is data is about the content stored in device content store 208
of the device 202. Additionally, Pestoni refers to the content metadata (par. 0071)
as including a key ID which identifies the content, which associates the content
license, which contains the domain ID, as set forth in the below claim chart.
The 555 Patent admits in the background that it was common to store credit
card and other personal information in metadata. It would be obvious to combine
this admitted prior art with Pestoni since both relate to DRM metadata, and one of
skill in the art would recognize that metadata would have many other components.
Pestoni mentions a joindomain request includes various parameters . . . [such
as] user credentials, and user credentials would obviously be personal
information as described in the admitted prior art. Id. at [0041].
Other embodiments. The verification token is also shown by user
credentials, such as a user id and password, a digital certificate and other
parameters in Pestoni, with the identification reference being shown by the
Domain ID, Domain Certificate or other parameters. Not only does the 555
Patent say the order of steps can be different, as noted above, but Pestoni says the
same in paragraph [0097].
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[G] branding
metadata of the
encrypted digital
media
by writing
the membership
verification token and
the electronic
identification
reference into the
metadata.
that includes a credit card number for verification by the retailer, and establishing a
membership relationship that one of skill in the art would recognize to mean
providing a log-on email and password.
can take any of a variety of different forms, such as a user id and password, a
digital certificate attesting to the users identity and digitally signed by a trust
authority, and so forth. Pestoni at [0041].
555 Patent
2. The method
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according to
claim 1,
wherein the
membership
verification
token is one or
more of a
structured
password, a
random
password, e
mail address,
payment
system and
one or more
redeemable
instruments of
trade for
access rights
of the
encrypted
digital media.
DeMello (EX1005)
Through this communication [access request], bookstore servers
72 may allow users to shop for eBook titles, establish their
membership relationship with the retailer [email, password],
pay for their transactions, and access proofof purchase pages
(serveside receipts). Id. at 9:916.
UserNamea string containing ,,, credit card number . Id. at
16:16-38.
[I]ndividually sealed" content includes in the rights
management data information pertinent to the rightful owner
(e.g., the owner's name, credit card number, receipt number or
transaction ID for the purchase transaction, etc. [verification
token]), such that this information cannot be removed from a
working copy of the content. . . . Id. at 2:1217.
Pestoni (EX1006)
The joindomain request includes various parameters . . . [such
as] a device certificate, user credentials, and optionally a device
description. Pestoni at [0039]. The user credentials can take any
of a variety of different forms, such as a user id and password, a
digital certificate attesting to the users identity and digitally
signed by a trust authority, and so forth. Id. at [0041].
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token by a content provider (e.g., a bookstore).
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connected to the first user, the
one or more secondary users
comprising one or more of
human beings or programmed
computerized mechanisms in
network of the first user;
wherein the one or more
secondary users are validated
by a membership web
service.
Pestoni (EX1006)
[0016] Each domain 108 is associated with a
particular user or group of users [secondary
users]. Presoni at [0016]. The user can have
each device that he or she owns join his or her
domain . Alternatively, domain administrator
could employ a domain policy that allows
multiple users [secondary users]to share a
domain . Id. at [0041].
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Pestoni at 0102.
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Pestoni also discloses that the domain membership license is stored in Domain
license store, i.e., a database. Pestoni at 0034. In addition, one of skill in the art
would recognize that the user identity would be linked to the user credentials and
stored in a database. It would also be obvious to combine Pestoni with Wieder for
the reasons set forth above.
555 Patent
7. The method
according to
claim 1,
wherein the
encrypted
digital media
is associated
with an
identifier
stored in a
database, the
identifier
being cross
referenced
with a
corresponding
token from a
list of
associated
tokens stored
in the token
database for
verification.
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U.S. Patent 8,402,555
Id. at 0012.
Content license generator 260 generates a content license for the
requested pieces of content [digital media]. The content license
includes [cross-referenced] a content key, a domain ID
[identifier], usage rights, verification information . Id. at
[0079].
Claim 8 recites a list of possible digital media including a video file, audio
file, etc. which are explicitly described in both DeMello and Pestoni.
555 Patent
8. The method
according to claim 1,
wherein the encrypted
digital media is one of
a video file, audio file,
container format,
document, metadata as
part of video game
software and other
computer based
apparatus in which
processed data is
facilitated.
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communications console for branding encrypted digital media for giving access to
the encrypted digital media. This is shown by DeMellos PASSPORT membership
service which exchanges an activation certificate including a key and a Passport ID
for credentials to authenticate a user at a reader. The reader stores [uploads] the
Passport ID to the registry on the reader. The activation certificate includes a key
which is used to protect the content (e.g., a key stored in an electronic Book file)
and to later enable the reader to open protected content. This is also shown by
Pestoni, which discloses that binding can be achieved by encrypting at least a
portion of the content license (e.g., at least the content key) with the public key
provided from the device 202 via request 252. Pestoni at [0082].
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555 Patent
9. The
method
according to
claim 1,
wherein the
electronic
identification
reference is a
key file, the
key file
being
uploaded by
the at least
one
communicati
ons console
for branding
the
encrypted
digital
media;
thereby
giving access
to the
encrypted
digital
media.
Pestoni (EX1006)
Domain binding encryption module 258 binds the content license
generated by content license generator 260 to the domain identified
in request 252. This binding can be achieved in different manners.
In one or more embodiments, this binding is achieved by
encrypting at least a portion of the content license (e.g., at least the
content key) with the public key [key file] of the domain identified
in request 252. The public key of the domain identified in request
252 is included in request 252. Pestoni at [0082].
Claim 10. This claim spells out that the branding request of claim 1 is an
access request with a verification token and a rights token (which is a flag). This
claim also recites standard components of a system including a combination of
memory, CPU, server, database, and cloud system, all of which are disclosed by
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DeMello. This claim simply recites more details of an element the Patent Owner
admitted element is shown in the prior art as discussed above.
DeMello describes the rights token/flag by the establish their membership
relationship with the retailer and access proof-of purchase pages (serve-side
receipts) [rights token]. One of skill in the art would recognize that it is obvious to
provide proof-of purchase only if the membership relationship is first successfully
implemented. Pestoni similarly shows authenticating a domain membership as
discussed above. Based on DeMello and Pestoni and the admitted prior art, it
would be obvious to send a verification token of the admitted prior art along with a
rights token (indicating that the verification token is successfully verified) in an
access request to establish a membership relationship.
(EX1009) Exs. C & D, claim 10.
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555 Patent
10. The method of claim 1,
wherein the method facilitates
access rights authentication
for the encrypted digital
media, the branding request is
an access request, and
wherein the read or write
request of metadata is
performed in connection with
a combination of a memory,
CPU, server, database, and
cloud system; the access
request is generated by either
a human user, a machine, or a
human programmed
computerized device; the
access request further
comprises a membership
verification token and a rights
token wherein the rights
token is a flag indicating the
verification token is
successfully verified.
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describes the activation process being on frontend activation servers, and thus
shows this.
Pestoni also shows a system accessed over the Internet, and Pestoni
discloses that the devices can interact with the domain management system
directly; that is, as a frontend agent. See Cherukuri Decl. (EX1009) 86102 &
Ex. D, claim 9.
555 Patent
Marked to show
additions and
[deletions] compared
to claim 1.
[A] [1]12. A system
[method] for monitoring
access to an encrypted
digital media, the
system [method]
facilitating
interoperability between
a plurality of data
processing devices,
[A1] the system
working as a frontend
agent for access rights
authorization between a
plurality of data
processing devices, the
system [method]
comprising:
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Elements [B][G] are the same as claim 1 except as indicated by underlining
below.
[B] a first receipt module, the first receipt module receiving an
encrypted digital media access branding request ;
See claim 1,
element [B]
above
[C] an authentication module, the authentication module
See claim 1,
authenticating the membership verification token ;
element [C]
above.
[D] a connection module, the connection module establishing a
See claim 1,
connection ;
element [D]
above.
[E] a request module, the request module requesting the at least one See claim 1,
identification reference ;
element [E]
above.
[F] a secondary receipt module, the secondary receipt module
See claim 1,
receiving the at least one identification reference ; and
element [F]
above.
[G] a branding module, the branding module writing at least one of See claim 1,
the verification token or the identification reference into the
element [G]
metadata.
above.
Claim 13. This claim is nearly identical to claim 8, converting method
references to a system, and is invalid for the same reasons.
555 Patent
Marked to show additions and [deletions] compared to claim 8.
[8] 13. The system [method] according to claim 12 [1], wherein the
encrypted digital media is . ;
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Prior Art
See claim 8.
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Claim 14. This claim is nearly identical to claim 9, converting method
references to a system, and changing key file to key certificate file. Claim 14
is invalid for the same reasons as claim 9.
555 Patent
Marked to show additions and [deletions] compared to claim 9.
[9] 14. The system [method] according to claim [1] 12, wherein the
electronic identification reference is a key certificate file, the key
certificate file being uploaded by the at least one communications
console for branding the encrypted digital media; thereby giving
access to the encrypted digital media
Prior Art
See claim 9.
- 49 -
Prior Art
See claim 1,
element [A]
above.
See claim 1,
element [B].
See claim 1,
element [C].
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[D] establishing a connection ;
[E] requesting the at least one identification reference ;
[F] receiving the at least one identification reference ; and
[G] writing at least one of the verification token or the
identification reference into the metadata.
See claim 1,
element [D].
See claim 1,
element [E].
See claim 1,
element [F].
See claim 1,
element [G].
Claim 17. This claim is nearly identical to claim 10, converting method
references to a computer program product, and is invalid for the same reasons.
555 Patent
Prior Art
Marked to show additions and [deletions] compared to claim 10. See claim
[10] 17. The [method] computer program product of claim [1] 15, 10.
;
Claims 1822. These claims recite language similarly recited in claims 36,
respectively as shown below, with the method references converted to a computer
program product in each of the claims. Thus, each of claims 1822 are invalid for
the same reasons as each of claims 36, respectively.
Claims 18 and 19 include a combination of the subject matter of claim 3,
reciting language similarly recited in claim 3.
converted to a computer program product in claims 18 and 19, and are invalid for
the same reasons as claim 3.
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555 Patent
Marked to show additions and [deletions] compared to claim 3.
[3] 18. The [method] computer program product according to claim
[1] 15, wherein the branding request [being] is a request from the
first user providing a credential to a membership web service
through a data processing device of the plurality of data processing
devices, the first user being a human user acquiring access rights to
the encrypted digital media . ;
Marked to show additions and [deletions] compared to claim 3.
[3] 19. The [method] computer program product according to claim [1]
18, or wherein the branding request [being] is a request from one or
more secondary users asked to participate in providing a credential to
the membership web service connected to the first user, the credential
being one generated manually or generated automatically by the
membership web service, the [plurality] one or more secondary users
comprising one or more of human beings or a programmed
computerized mechanism[s] in the network of the first user[; wherein
the one or more secondary users are validated by a membership web
service].
Marked to show additions and [deletions] compared to claim 4.
[4] 20. The [method] computer program product according to claim [3]
19, wherein the membership verification token represents verification
from content provider to grant access rights to the first user and the one
or more secondary users.
Marked to show additions and [deletions] compared to claim 5.
[5] 21. The [method] computer program product according to claim [1]
18, wherein the encrypted digital media is shared with one or more
users according to a membership status.
Marked to show additions and [deletions] compared to claim 6.
[6] 22. The [method] computer program product according to claim [5]
21, wherein the one or more secondary users [are a network of
recognized human beings using machines or recognized] is a
programmed and automated machine hosting an operating system that
is operated by the first user [computerized mechanisms programmed
by human beings, the recognition of the users being validated by the
membership status of a membership web service].
- 51 -
Prior Art
See claim 3.
See claim 3.
See claim 4.
See claim 5.
See claim 6.
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Claim 23. This claim is nearly identical to claim 7, converting method
references to a computer program product, and is invalid for the same reasons.
555 Patent
Prior Art
Marked to show additions and [deletions] compared to claim 7. See claim 7.
[7] 23. The [method] computer program product according to claim [1]
15, wherein the encrypted digital media is associated with an identifier
stored in a database, the identifier being crossreferenced with a
corresponding token from a list of associated tokens stored in the token
database for verification.
Claim 24. These claims are nearly identical to claim 10, converting the
method reference to a system, and is invalid for the same reasons.
555 Patent
Prior Art
Marked to show additions and [deletions] compared to claim 10. See claim
[10] 24. The [method] system of claim [1] 12, wherein the [method]
10.
system facilitates access rights authentication for the encrypted digital
media, the branding request is an access request, and wherein the read
or write request of metadata is performed in connection with a
combination of a memory, CPU, server, database, and cloud system;
the access request is generated by either a human user, a machine, or a
human programmed computerized device; the access request further
comprises a membership verification token and a rights token wherein
the rights token is a flag indicating the verification token is
successfully verified.
C.
Ground 3: Claims 11, 16, and 25-26 are unpatentable over DeMello
(EX1005) in combination with Wieder (EX1007) and Wiser (EX1008)
and the admitted prior art.
D.
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ability to track purchases of media for royalties is notoriously well known, and
identifying the media with a unique identifier is the obvious way to do this.
Wiser shows a royalty scheme tied to a DRM system, and in particular to a
certificate ID and voucher ID in a log file (metadata) associated with the content.
A digital content provider provides copyright
protected digital content data and a metadata file . The
electronic distribution metadata describes the royalty,
and the redistribution parameters (Wiser Abstract).
It would be obvious to combine DeMello or Pestoni with Wiser because both
relate to copyrightprotected digital content data with metadata, and both refer to
royalties for such content data. A POSA looking to implement the royalty fees
referred to in DeMello would thus look to Wiser for the details of such a system.
Pestoni only describes a portion of a commercial system, and it would be obvious
to look to the royalty scheme of Wiser to add the needed royalty tracking. It would
be obvious to combine because both relate to DRM systems, and both use metadata
for permission information.
555 Patent
(emphasis
added)
11. The method
of claim 2,
wherein the
membership
DeMello (EX1005)
Verification token:
Through this communication, bookstore servers 72 may allow
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verification token
comprises at least
one token
selected from a
group consisting
of a purchase
permission, a
rental
permission, or
membership
permission
coupled to a
royalty scheme;
wherein the
permission is
represented by
one or more of a
letter, number,
combination of
letters and
numbers,
phrase,
authorization, list,
interface button
or an instrument
of trade for
access rights of
the encrypted
digital media.
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artist name, the track authors, the song length, the sale price,
the certificate ID from the media player 116, the voucher
ID, the media data file name and a descriptor for which audio
image was downloaded. The logs are uploaded to the media
licensing center 110 on a periodic basis and validated offline
by a batch process. Once validated, the purchase information
can be processed (e.g., totaled by artist, track, and the like) to
determine proper royalty or other payments based on sales
and previews. Id. at 20:946.
Claims 16 and 25. These claims are nearly identical to claim 11, converting
method references to a computer program product for claim 16 and a system for
claim 25, and are invalid for the same reasons as claim 11.
555 Patent
Marked to show additions and [deletions] compared to claim 11.
[11] 16. The [method] computer program product of claim [2] 15, ;
Marked to show additions and [deletions] compared to claim 11.
[11] 25. The [method] system of claim [2] 12, ;
Prior Art
See claim
11.
See claim
11.
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The steps of selecting content, connecting to the token database and
encrypting have been shown above by DeMello or Pestoni in combination with
Wieder and the admitted prior art.
customizing as new (e.g., a master password so a seller can customize the media).
Customization is a wellknown concept for DRM distribution, and
applications and video are common types of content. DeMello, Wieder, and Wiser
are all directed to digital media content.
distribution system with media player related details and a voucher ID provided as
part of a purchase request, similar to DeMello and Pestoni. Also similarly, there is
authentication and payment, and a transaction ID is added to the media data file
(metadata) that is delivered to the purchaser. The media data file (metadata) also
includes descriptive data such as cover art image and a promotional graphics image
(media items). Wiser teaches an authoring system that enables selecting one or
more media items (e.g., an image and media content (e.g., music), which form the
digital media that is encrypted and delivered to a purchaser. Wiser at 11:6413:2.
An authoring system including a customization module is described as
follows in the 555 Patent:
According to an embodiment of the present invention, the
customization module 206 facilitates adding one or more of a
banner, a logo, an image, an advertisement, a tag line, a header
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message and textual information to the user access panel of the
encrypted digital media. Id. at 6: 2633.
From the context of allowing adding a logo or advertisement, it is clear the
user access panel is intended for the content provider as the user, not the enduser.
A customizing user access panel in the claim simply means any software or
interface that allows modification of software or media by a user. This is inherent
if a user is able to modify the media by adding a tag or an image.
Wiser
customizes the media descriptive data (metadata) using an authoring tool and
database access module, which constitute the claimed customization module.
A person of ordinary skill in the art (POSA) looking to do additional
tagging in DeMello or Pestoni would look to Wiser, and viceversa. (see also
Cherukuri Decl. (EX1009), 115, 118).
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555 Patent (emphasis added)
Prior Art (emphasis added)
26. The system of claim 12, wherein the
DeMello (EX1005) & Pestoni (EX1006):
encrypted digital media capable of
See claim 12.
interoperability between a plurality of data
processing devices, is further authored by Wiser (EX1008)
an authoring system comprising:
The artist then uses the authoring tool
a selection module, the selection module
102 [authorization system] to perform
selecting one or more media items to form any desired digital signal processing, and
the encrypted digital media;
editing on the digitally recorded audio
data. The authoring tools also provide
a password module, the password module for compression of the audio images,
entering a master password which
watermarking, and encryption.
provides access to the encrypted digital
The authoring tool 102 is also used by
media for editing;
the artist to enter the media descriptive
data 204, such as the artist's name, song
a customization module, the customization
title, lyrics, and the like, as previously
module customizing user access panel of
described. Id. at 12:411.
the encrypted digital media;
a database module, the database module
connecting the encrypted digital media to
a database of membership verification
token required for decrypting the
encrypted digital media; and
an encryption module, the encryption
module encrypting the one or more media
items to create the encrypted digital media.
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IPR201600789 Petition
U.S. Patent 8,402,555
VII. CONCLUSION
The Office is requested to find there is a reasonable likelihood that
Petitioners will prevail and initiate an inter partes review of Claims 126. The
USPTO is authorized to charge any fees or credit any overpayments to Deposit
Account No. 201430.
Respectfully submitted,
By: /Paul C. Haughey/
Paul C. Haughey
Registration No. 31,836
Lead Counsel for Petitioner
Lead Counsel
Paul C. Haughey
Registration No. 31,836
phaughey@kilpatricktownsend.com
BackUp Counsel
Jonathan Stroud
Reg. No. 72,518
jonathan@unifiedpatents.com
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IPR201600789 Petition
U.S. Patent 8,402,555
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of this Petition for Inter Partes
Review of U.S. Patent No. 8,402,555, including its supporting Exhibits (1001
1010) and Powers of Attorney has been served via Express Mail on March 22,
2016, upon the following:
The STR3EM Team
2885 Sanford Ave SW #13208
Grandville, MI 49418
Patent Owners correspondence address
of record for U.S. Patent No. 8,533,860
With a courtesy copy served on March 22, 2016 upon Grecias lead litigation
counsel via Express Mail.
Matthew M. Wawrzyn
Wawrzyn LLC
233 S. Wacker Dr., 84th Floor
Chicago, IL 60606
matt@wawrzynlaw.com
Dated: March 22, 2016
Respectfully
By: /Paul C. Haughey/
Paul C. Haughey
Registration No. 31,836
Counsel for Petitioner
68310987V.1
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