Apple Computer Inc. v. Burst.com, Inc.

Filing 125

Declaration of Leeron Kalay in Support of 124 Second MOTION for Summary Judgment of Invalidity filed byApple Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Related document(s) 124 ) (Brown, Nicholas) (Filed on 7/13/2007)

Apple Computer Inc. v. Burst.com, Inc.

Doc. 125 Att. 3

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 1 of 8

Exh. C

Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 2 of 8

United
GremillØt

States

Patent

Patent Date
of

Number
Patent

4499568
Feb.

12

.1985

FOR THE TELEIMSTRIBUTION OF RECORDED INFORMATION AND SYSTEM FOR PERFORMING TI-US
PROCESS PROCESS
Inventor

2410863 2038147

8/1977 7/1980

France United

Kingdom

OTHER
Funkschau Trotz

PUBLICATIONS
vernderter

Geschwindigkeit vol 49

Jacques ChoisSl

Grensillet 78460

route

de Gleiche France Primary

Tonhdhe

1977

pp

847851
Richardson Fisher

No

18

Chevreuse

AppI
Filed

No

ExaminerRobert Agen4
or

449199

Attorney 1982

FinnOblon

Spivak

Dec 13

MeClelland
Priority

Maier

Foreign

Application France

Data
81

ABSTRACT
23518 process tion and system recording than for vending of recorded
is

Dec

16

1981

isiforma carried out are

lot

Cl
Cl

GliB

15/02

HO4M
HO4Q
179/6.3

wherein
faster

information Calls

17/02
9/00

at

speed

normal
is

from subscribers
of

U.S

369/30 358/85 358/115 369/6
Search

MA
369129

received ble

and

message

formed consisting

pream

369/24 114

constituted

by an addressing message hody

code to the requesting by the informs
and an

Field of

179/6.01

6.3

MA
189

suhscriber
tiod

constituted

369/6

24 29

30

358/85

115

corresponding

to requested
is

information

end

of References Cited

message
In an

Said

ing subscriber nel

message by means of

transmitted picture with

to the

request

transmission the requesting and read
its

chan
sub

U.S
2595510 3199226 3718.906
3729581

PATENT
5/1952 9/1961 2/1973 4/1973

DOCUMENTS
eta
179/6.3

equipment
addressing

housed code
is

Burnett Joslow Lightner Anderson

MA

scriber the mitted then again the

is

recognized

the trans
is

369/30 340/147
178/6.8

message
decelerated and

body
in

received to give

The
it

order the

message normal speed

restoring of the

corresponding

information

on

basis

decelerated

FOREIGN PATENT
2172142 9/1973 France

DOCUMENTS
Claims

message DrawiagFigures

APBU-00003545

Case 3:06-cv-00019-MHP

FIGI

TRANSMISSION

CHANNEL

00

Document 125-4

USER
EQUIPMENT
CD

DISTRIBUTIO

10

Filed 07/13/2007

CENTER

S.

Page 3 of 8

-D

00

CII

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 4 of 8

U.S

Patent

Feb 12

1985

Sheet

of

4499568

FIG.2
FROM

C-

APBU-00003547

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 5 of 8

4499568
The
invention
is

based be

on

data

processing
in

consider-

FOR THE TELEDISTRIBUTION RECORDED INFORMATION AND SYSTEM PERFORMING THIS PROCESS
PROCESS

OF FOR

ations

which

will

summarized
rate

the following
classical

way
is

The information
approAimately flow
rate 0.5

flow

linked

with

music

Mbits/s

However
channels

thc

informatioh
in

of picture

transmission or

used or

televi

BACKGROUND OF THE INVENTION
Thc
formation process present invention or
relates

sion well for the

either

broadcast
this

by optical
about fibres

fibres

thable-is

above
in

value

to

being

100

Mbits/s or 140
in

process of

teledistribution

remote and to

Mbits/s
in-

the case of
this

distribution system

recorded

of optical
it-is

Thus
in

transmis infor of

sion for performing
this

channel
relative

or data

mation This

possible type to music comparessed musical
18

to transmit factor

200
be

The
bution

means that
in

work

scope

of the

application such

relates

to

the

lasting

one hour can
the sides compression of

teledistri-

transmitted as plays read
literature

seconds
contcnt

For half
of the

of musical short

works

works
factor

novels
with

stories

essays
literary

etc

musical with etc
in

works
disk backof

100
in

the

two
can be

normal
in

commentaries
effects

works

each

case

20 minutes

transmitted

24

read

ground
tribution
this
is

news

courses of

conferences

Howteledis-

seconds

ever the preferred
of

sphere

application-is

the

Thus
the

the

invention

advocates of

novel pictures
at

application high speed to

of
to

recnrded

musical
it is

works
the

Thus

means for the transmission
transmission recorded of the of the

although
will

sound
in

corresponding accelerated under

previ

in

no way

limitative

example which
involves nature lover

ously 20 the
tions

works sound

an

manner
these

The
condi

be

referred Listening

to hereinafter to recorded and
it

recording

transmitted

music

essentially their

must take place
recording picture

use

of

disks

cassettes necessary recording

By
from

very

these
for

means make
ously to acquire to

suitableon an apparatus generally of the signals i.e on an apparatus
this

for the

music

to previthe desire with 25

shop
only

Thus
be

listen

particular

work

can

satisfied

recorder of type The rereading must be accompanied rate conversion by mation obtained flow so that the wbrk video
is

recording infor

of the
at its

normal

time This

lag
naturally possession library does not apply to recordings
interest

speed
already
in

Thus
sion
is

the of
it

ones
record

but despite
difficulties

the

of acquiring as
is

are

encountered

known
collec30

in this message involved type of transmis new with to type significanbe respect
its-

because

carries

sound
it

information involves

However
conventional

from
digital

by
an

all

music lovers
this

Apart from the high

cost of

the structural or analog

standpoint

tion

of

extent
in

that they

deteriorate to such type certain recordings and in other cases become inaudible particular not recording
is
it

signal possible the to

constituted to
select

by an addressing
the user of

preamble

making
has

it

or subscriber the

who

interest

quickly

lost

and

it

is

made

request the chosen the

the

body

consequently record always

played

Thus

merely

encumbers
its

the not 35

sponding message

musical user of the

message corre work and an end of cad of the recording
uses

library so that the latter provide

despite

size does

informing

complete
certain minority

satisfaction

procedure become them
to in

Moreover
that ther these lie only the

recordings

have

so

rare
ei-

It

is

pointed
in

out

that the invention are
in

means
because

which
they

who

acquired
listen

time

considered consist 4Q of

isolation

part

known

by taste
musical

or by design can works are unavailable

them Thus
pubmusical

telematic these

networks

and

recording to the recordingS

means problem
at

to the general of available

However
to

means must be adapted compression
of of the

which

cuts

down

the

choice

be

solved

the

recordings In
spite

source
of the quality
it

constitution of are the

an appropriate received
and
is

message

as these

of

music broadcast
that or
it

by radio
not
at

or

pansion

recording
tried

However
it

television correspond
ticular

must be
to the

accepted
taste

does

always par45

means

essentially

tested that

and one of the
does aol ttecessiafter

listeners

his

wishes

advantages
tate

of

the

invention

moment
there
is

the use

of complicated already the

means and instead
existing present installations invention

uses

Thus
musical

real

need

for

distribution the to

system

for
dis-

slight

adaptation
specifically

works
i.e

which which
to the

obviates
is

aforementioned almost

More
process

relates

toa

advantages
neously his

able

make

instanta-

for the teledistribution
it

of recorded

informatiOn recording

available

music lover

the musical

work

of

so

wherein

comprises being

forming carried

an information
out
at calls faster

choice
to be

bank no
solution to
this

recording receiving

speedthan

There would appear

problem
the posoh55

normal

and identifying

Thus
session

listening

to

musical

work
the

presupposes
latter

requesting
sisting to

particular

work

forming

from subseribes Æonmessagecode
conflituted-

of
in

recording

and

can

only

be

of

preamble constituted
subscriber

by an addressing

tamed
support cases ing the the

two ways
or

by acquiring
it

previously tape recorder

recorded In both of recordas long
as

the

requesting

message body

by recording
is

on

there

necessary the delay
is

delay In the case
short This but delay
is

work
the

at

least

to requested.informa-by the information corresponding tion and an end of message transmitting to the request-transmis the said ing subscriber message by means of sion 60 the

duration
in

of

the of to

work
be

can

be an hour or etc
It

channel
requesting

the recognition subscriber
in

in

equipment housed code of
of
after this

with
said-

more

case

operas

symphonies
to

would delay

of the addressing of the reception

therefore

appear

impossible

reduce

this

equipment recording of and
65

and
the

the case

code-

BRIEF The
users object

SUMMARY OF THE INVENTION
of the process of invention
is

transmitted

message body
reading the
in

reception

the

end of message

recorded order the

message
it its

to solve

this

problem by
of the
sec-

decelerating speed

the read again

message
restoring of the

to give

proposing

and

system
their

offering choice

to requesting

normal

and
basis

corfesponding message
apalog or

any piece

music of

or any
in

information

on the
can

decelerated
in

information

referred

to hereinbefore

and

few

The
digital

message manner

be transmitted

either

onds

APBU-00003548

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 6 of 8

4499568
The
process invention of
as

also

relates

to

system

for the

teledis the

Transmission the distribution

channel centre

30
10

is

able

to transmit of
least

data

from

tribution

recorded

information This

for performing system an

to
is

each
at

the 50

subscriber

defined

hereinbefore centre

comprises
information
at

equipment
can comprise mitter na

20

The

flow

rate

Mbits/s
Of

-It

distribution recording
faster

comprising being for

brosdcasting transmitting

means consisting
antenna
fibres

trans

bank
than

the

information

recorded

31
or

32

receiving case

anten
of these

speed

normal

means

comprising

preamble
requesting to the

constituted

forming message by an addressing body cor an end of
10

33

cable

or opticat rate
is

34.-In the 100

code

to the

subscriber

responding

selected

message information and

the flow means The telephone the 41 distribution

approximately

Mints/s
to
set

network
centre

40 connects
subscriber
line

the subscribers has

Each

hand

message each
big circuit subscriber able to

connected
station

to

telephone

connecting

him with

equipment
the

comprises arrival of

an
its

indicst

central

42 located
of
this

in centre system

10 from what
listen

recognize

own ad
recorder

The work
10

operation

results

has to

dressing controlled nected

code

and an end of message
circuit video recorder

video

been stated

hereinbefore to the
latter

The with the

user

wishingto

by the indicating
to the to the information to the rate

decelerator able to restore

con
the

belonging the

collection

recorded

in the centre

and and

supplies

references line

of the
also

Ohosen

normal speed
chain

sound

restoration

work
his

by means of the telephone
identity either

He
the

provides or

connected from the

converter
able centre to to transmit

by

his

name
10

and

address chosen

bys

transmission

channel

informa
subscriber 20

numerical reads
it

don

distribution

each

equipment and
to the telephone

dressing

work and transmits message preceded by the ad code of the subscriber The reception of the
Centre selects

code

network

connecting

subscribers

addressing

code 23 The

in

equipment
writing

20 enables

the

indicating for videoS 20
is

distribution

centre

circuit 22 to recorder

form

control

instruction

information to

received

BRIEF The
ter

DESCRIPTION OF THE
is

DRAWINGS
25
detail

is

then

transmitted at the writing
fast

magnetoscope

by equipment 24 where work

it

invention to

described

recorded

in

greater

hereinaf-

speed
continues
until

relative

non4imitative

cmbodiments

and

The

the

st
this

phase

the

has

been

inched

drawings
general

wherein

show
system according to the 30

completely phase

recorded
is

However
durstion

as stated
in

hCreinbefore of the

FIG
invention

of level

short

view

diagram of

hiEh

compression
than

of the recorder

information

greater

HG

diagram of

rate

converter

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS
The manner
transmission In system

the complete work has been transmitted by means of circuit 12 centre 10 transmits an end of meswhich code sage recognized by circuit 22 which
is

100 When

shown

in

FIG
10

then comprises user
in

stops

the

video

recorder that

23 An

indicator

can

in-

general

35

form the subscriber The
the recording

distribution channel detailed

listening

can start
recorder also Of for

centre

equipment network

20

30 and manner

telephone the

40
10
at

can be kept
to
it

on the video
later but
it is

more

purpose of listening
the tape the

possible the re-

distribution

centre

to crase cording 40 preceding

comprises
faster

bank
than support

recording
It is

by reverse

operation
all

11 of musical

recordings to video

recorded faster video

speed

normal can
be

100
of

200 times
disk or

also possible recording

to erase received of the
It is

the

The re
can

messages

final

recording

The
solved binary
tification

question
.in

of the

corder The be obtained from the
cessing

compression

the

sound

addressing

information then

message

canlbe use

any known
circuit 23 then the

manner
of comprises of

possible

by writing

into the

memory and
occasion

to

reading

code characteristic

memory
place the

each subscriber..Theidenbinary

at

accelerated single

speed
only

This

pro
45

takes
in

on

comparator

for each 10
also

able

to

work

recognize

arrival

predetermined
bit-by-bit

collection

The

num
basis as the

distribution

centre

ber Such and cOde
given 50 has has
bit bit

comprises rate

means 12 for forming

abroad

band

high

flew

on comparator can operate the same number of logic
bits of Of the the

AND
the

gates

message comprising preamble constituted by an code to the requesting sub addressing corresponding
scriber lected

each

gate

receiving

on
other

the one same

hand
signifi of theseS

code and on the word
to received

of body work and an

to the se message corresponding end of message To these essential the signals normally pulses error

cance
gates

The

outputs

are

connected

supplementary whether
other circuits

logic

AND
code

components
tered
in

can be added
transmission

encoun
correcting

gate whoseoutput
has e.g been
shift

indicates

the expected are

sync
20

received registers outputs

However
formed
are precabled

possible direCt or

codes Each
ceiver

etc.
user

by flip-flops
to an

whose
as

equipment
indicating

comprises 22 able
to

television recognize

re
the

55

reverse of the

adder

function

21 an
the 23

circuit

expected addressing

code code can also use analog means sOch of the type found in tele code
useful the for

arrival of recorder recorder restore

code

and the end of the message by indicating
to the to 25 video the circuit

video
rate

The
as

controlled

22
and
rate

frequency

combinations
dialing addressing of an

24 connected
the

recorder

and able to
finally

phone
60

number
use

normal

speed chain

information

The
ensuring

is

obviously
at

sound
verter

restoration

connected

to the

con

that but

the

information has the

arrives

correct

destination recorder output control control input input the 23 comprises writing writing input input delayed

also

advantage message
delayed

of permitting for various of the

Video
reading reading writing circuit control

transmission the recording

of the can he

Thus
use of

control

CE

and
the 65

CL
sre

reasons centre ing the the

saturation an

The

writing to

input the

and

recorder

occupied
the subscriber

etc.
starting to be

The
of

address
obviates

connected output

indicating reading

code
need

controlling for the

recording

23

whilst are

reading
to

and the

present

for receiving

input

connected

rate converter

24

message

APBU-00003549

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 7 of 8

4499568
The
analog transmission of the information can take place
in

reading address stacks segment

and

switches

demultiplexers reading In into and

56

58 whibh
clockpulses

then to

manncr
but

for also
in

broadcasting
digital

systems
in

and
case

cabled of the

respectively

writing

networks
latter.

manner

the

MA
can the

and
be

54B
read

this

way
video can

new

infdrmtion

the

recorder
in

An examplc
according trated
in

of the

rate

ccnverter
is

which

can

be

used
illus-

Thus
manner
reading

video for

recorder

advance
operate

stepLd

to

invention

diagrammatically apparatus comprises

Thus

FIG
operates an input

example
fixed

it

can

on the basis of
control
is

As shown
converter 50

this

an

sucCessive

pictures supplies
is

The

oh-

analog-digital scope 52 with 23

naturally an to input

unless switching 50

magnctomeans
and each and with stack
10

tamed
tions

digitally connected

60 which 64 It by connection
by
circuit

appropriate that each In

instruc video

known
pictures

re

converter

corder

conventionally Mbits

records of

containing the present

two

outputs

two memory
data
to

stacks

54A

comprising connected control

input

respectively

DA

548

DB
signal 15

approximately case not the to

information to

information visual signal

corresponds

sound
nothing

signal

and

the

two

outputs

of switching

means 52

which

input

of the

operating and

mode reading and writ-

changes
If

from the
is

ing
input

respectively respectively

E/LA

and

SB two
well being
in

HA

E/LB
H13
and an

information broken sponds stacks
it

processing intO ten

standpoint

each

picture

timing output

and
and

clocks

HE

SA

down
to 500

segments

each

segment
of the

cone-

HL
the

kbits of information
this

Each

the second
first

memory
256

having frequency compresdemultito the 20

54A and 548 must have
be possible to use

frequency
ratio

betow

capacity

In practice

that

of

the

would

two

equal

to the degree centre

of information

memories having
to 1/25 of compression to 1/10

kbits onds

sion

the

transmission 58 having

e.g 200
inputs of these

two

complete of recording complete of sound

picture

corresponding degree

see
of

plexers clocks plexers

56
being

and with
picture

two

connected

and one output the outputs
connected these to inputs demultiplexers

200
seconds
0.8

HA
has

two demultiand of the

corresponds

200125
of of picture the to writ-

HB

and
is

segment

of

of and

sound
reading

This

two

memories

working
output
its

the switohing
in

period

in

alter-

nating the

mode
to the

i.e clock

when

one has
the cluck

its

connected output
circuit

to

ing
25

phases

the

rated

converter given hereinbefore the opera-

writing

HE
of

other

con
60
in-

Naturally are only
tion

the

numerical
as

values for

nected

reading

HL
said

intended the
is

control

examples

illustrating

supplying struction directly ory ory

by means
of the connected

a-

connection

61

control

of

system
claimed is

operating to the

mode
control

What
being of of

connection

input

548 and via

NO
56

gate

62 to input 63

E/LB EILA
64

memmemto

process information formation the steps

for the

remote distribution
to

of

recorded

corresponding having
norsssal

sound

said

recorded
it

in

54k

by

connection

control connection 23

instruction

speed

wherein

comprises

demultiplexers control

58 by
to

of
an information out
at

reading

instruction 65

magnetoscope
instruction

and finally by means
35

forming being than

recording speed
at least

bank
100 and

recording times
faster

connection

control

for switching

carried
said

52 The
output to the represented switching rate converter 66 with also comprises connected an

normal

speed

receiving

identifying

calls

from subscribers

requesting of
to

particular

work
sub-

means

two

two
60

outputs

SA
it

and

58

inputs

forming tuted

message consisting
addressing

preamble corssti
the requesting

of the

memories and
controlled

by an

code

one oistput
circuit in

said switching the

means 66 heing

by
in

scriber

message body

constituted

same way as switching
comprises to switching function
in

means 52 but

tion corresponding

to requested transmitting

by the informsinformation and an

opposition verter unless 68 the

Finally connected chain does

digital-analog-

con-

end of message
scriber the said transmission

to the requesting

sub
flow

means

66

naturally

message Mbitsfs

by

means
an

of

picture

not

channel
least in

digitally the following

having

information

The

rate converter 60 controls

functions the

man-

45

rate of recognizing

at

50

ner Circuit

reading

segment
recorder

by seg-

equipment housed
addressing of the

with

the

requesting

ment of
the
this

the
is

track

recorded into
is

on video

23 When
stacks stack into stack

subscriber

the case

code of said equipment
of
this

segment

written

one of these
read into 52

memory
brought of the

and
so tion

in

the the

reception

code

re

preceding

segment
switching

the other
is

For
the e.g video

cording

transmitted

message body

after

recep

purpose

means

position input

DA

connecting

one of the inputs

of block

MA
is

to the

recorder

Stack reading

MA
548
stack

output
in

of the

of the end of massage the recorded reading the read message in order message and decelerating to give its normal speed again and restoring the
it

controlled

writing connect

and stack
output ss

corresponding celerated process mission of the

iaformation

on the

basis

of the

dc

548

in

Switching

means 68

66

message
according to olaim place
in

SB
clock clock

of stack

to converter

wherein analog

the trans

Writing

into

54A
into

takes block

place

at at

the the

speed speed

of of

message takes
according message takes to

manner
the trans

HE

and reading
It is

MB

process mission of the

to claim place claims
in

wherein
digital

HL

naturally

the reading the
in ratio

of stack of the of

548 which
frequencies degree of of segwell oo

manner wherein

requires of clocks compression

most time because

process the information system

according consists

or

HE

and
of

HL

are

the

ratio

the

of musical

works
of recorded infor

the

information
is

The

writing

for the teledistribution

ment
before

into the

stack reading the

54A

consequently preceding

completed segment
circuit

mation

comprising
centre having comprising information information times
faster

of the
is

into block 60 switches stack
65

distribution cording

an

information corresponding

re
to
at

548 When
switching

reading

completed
then

bank

means 52 which
recorder connects stack

connects

memory 54A

sound
speed

said recorded
at least

being than

recorded

548

to the then

and switches
converter 68

switching to stack

means

66

100

normal

which
60 also

Circuit

means for forming
constituted

controls

MB

in

writing

and stack

MA

in

message comprising preamble code to the requesting by an addressing

APBU-00003550

Case 3:06-cv-00019-MHP

Document 125-4

Filed 07/13/2007

Page 8 of 8

4499568
subscriber selected

message
information

body

corresponding

to

the mission

system channel

according
is

to

claim television

wherein

the

trans
net-

aad an end of message
comprises the an
its

colour

broadcasting

work
system mission channel system converter according
is

each

subscriber able to

equipment
recognize

indicating

to claim

wherein wherein
subdivided reading other

the

trails-

circuit dressing corder nected the

arrival of

own
video

adre-

cabled to

network
claim the into basis
is

code

and an end of message by
video to the indicating

according
.a

rate

comprises

controlled to said

circuit able to

conrestore

memory
on
in

two one

stacks case
to

alternately

operating basis

recorder the

and

and

on

writing the

the

and two
in

clocks

normal

speed chain

information to said

and
rate

sound

each controlling
first

two

stacks
in

one

writing with an input

with second
switch-

restoration picture tion

connected
channel 50

converter
infonnaing

frequency

and the
is

other

reading
first

frequency transmission
at least

which

lower than an input

the

having able

an

means having and two
an output

connected

to

the

video

re

flow rate of

Mbits/s

to transmit to

corder
15

outputs switching

connected means
stacks

to the with

information subscriber

from the equipment

distribution

centre

each

stacks nected

memory two inputs con
the

two

and
subscribers to the distribution

to the system

two memory
according

and one output wherein record

to claim

means for connecting
centre via telephone

ings

are

of

musical

works

network
20

25

30

35

40

45

50

55

60

65

APBU-00003551