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

Filing 74

Declaration of Nicholas Brown filed byApple Computer Inc.. (Attachments: # 1 Exhibit Exhibit A Part 1# 2 Exhibit Exhibit A Part 2# 3 Exhibit Exhibit A Part 3# 4 Exhibit Exhibit A Part 4# 5 Exhibit Exhibit B Part 1# 6 Exhibit Exhibit B Part# 7 Exhibit Exhibit B Part 3# 8 Exhibit Exhibit B Part 4)(Brown, Nicholas) (Filed on 12/9/2006)

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

Doc. 74 Att. 5

Case 3:06-cv-00019-MHP

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Filed 12/09/2006

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PARKER C. FOLSE III (WA Bar No. 24895 - Adiizitted Pro Hnc Vice) [e-mail] r IAN B. CROSBY (WA Bar No. 28461 - Adinitted Pro Hac Vice) icrosby@susmangodfl-ey. corn - FLOYD G. SHORT (WA Bar No. 21632 -Admitted Pro Hoc Vice) fshort@susmangodfi-ey. corn JOHN M. NEUI(OM (WA Bar No. 36986 -Pro Hac Vice Peizdiiig) [e-mail] C SUSMAN GODFREY, L.L.P. d t 1201 T l ~ Avenue, Suite 3800 Seattle, Washington 98101-3000 -7 [phone] Tel. [phone] Fax

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SPENCER HOSE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] HOSE McARTHUR LLP One Market, 22nd Floor San Francisco, CA 94105 [phone] Tel. [phone] Fax

(additiorznl attorizeys listed oit sigiintur'epage)

Attorneys for Defendant 16 BURST.COM, INC. 17

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNLA ( S A N FRANCISCO)

APPLE COMPUTER, INC.,
PlaintiWCounter-defendant,
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BURST'S DISCLOSURE OF 4 ASSERTED CLAIMS AM) 0 PRELIMINARY INFRINGEMENT 5 CONTENTIONS

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BURST.COM, INC.,
DefendadCounter-claimant.

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)ISCLOSURE OF ASSERTED CLAIMS AND ?RELIMINAR.YINFRINGEMENT CONTENTIONS Sase No. C 06-00019 MHP
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In accordance with Rule 3-1 of the Patent Local Rules of the United States

2 District Court for the Northern Disttict of California, DefendantiCounter-claimant

3 Burst.com, Inc. ("Burst") hereby provides its `Pisclosure of Asserted Claims and
4 Preliminary Infringement Contentions," as follows:

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(a)

The following claims of each patent in suit are infringed by

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PlaintiWCounter-defendant Apple Computer, Inc. ("Apple"): 1.

U.S. Patent 4,963,995 ("the `995 Patent"): Claims 1,2, 3,7, 8, 9,
51,52, and 80.

9 15, 16, 17, 19,20,21,22,23,24,25,26,27,28,44,47,
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2.

US. Patent 5,164,839 ("the `839 Patent"): Claims 1, 2, 3, 7, 8, 9,
47,48,49,50,51,52,58,59,

11 15, 16, 17,19,30,22,23,26,27,28,44,45,46,

73, 76, and

12 77.

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3.

U.S. Patent 5,995,705 ("the `705 Patent"): Claims 1,2,3, 12, 13,

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and 21.

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4.
(b)

U.S. Patent 5,057,932 (%e `932 Patent"): Claim 4.

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Each accused apparatus, product, device, process, act, or other

18 instrumentality ("Accused Instrumentality") of Apple-of which Burst is aware-is

19 identified, separately for each asserted claim, in charts attached as Exbibits hereto and
20 incorporated by reference herein. The Accused Instnunentalities and the corresponding 21 E ~ b i t are as follows: s 22 Apparatus of andor methods performed by iPod Device, Exhibit 1. 23 24 A; 25

2.

Apparatus of Apple Computer or Windows Computer with iTunes

2G software installed, and/or methods performed by iTunes software running on an Apple

27 Computer or Windows Computer, Exhibit B;
28 DISCLOSURE OF ASSERTED CLAIMS AND
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3.
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Apparatus of computer used by iTunes Music Store and/or

methods performed by iTunes Music Store running on an Apple Computer, by itself or in combination with iTunes Producer software, Exhibit C;

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4.

Methods performed by Final Cut Studio or QuiclTime Pro 5 (or

A

later) in combination with QuickTime Streaming Server, Exhibit D; 5. Apparatus of Apple Computer with Movie HD installed and/or

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methods performed by iMovie HD by itself or in combination with other iLife applications, including iWeb, Exhibit E; 6. Apparatus of Apple Computer with GarageBand installed and/or

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11 methods performed by GarageBand by itself or in combination with other iLife
applications, including iWeb and iTunes, Exlibit F;
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Apparatus of computers used by .Mac service and/or methods

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performed by .Mac service, by itself or in combination With iLife applications, including iMovie HD, GarageBand, and iWeb, Exhibit G. As used herein and in the attached Exlibits, any reference to a software product

It
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1 encompasses all versions and releases of that software product, past or present, unless E
1s otherwise specified, and the following definitions of terms shall apply:
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1.

The term "iPod Device" means the combination of hardware and

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software comprising any and all models of Sods, past and present, including tlie models identified by Apple on its website and in advertisements as the iPod (lst, 3rd,4*, and Znd,

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5`" Generation), S o d Nano, Zod SliufTIe, iPod Mini, iPod Photo, and Zod U2,and
fbrtlier including any and all variations in the amount of memory or storage capacity for each of tliese models.

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The term "Apple Computer" means the combination of hardware

and operating system s o h a r e comprising any and al models of computers sold by l

3 Apple, past or present, that are sold with iTunes software pre-installed or that can run
4 iTunes software, including but not limited to the following models or lines: XServe,
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XServe G5, Mac, &lac G4, iMac G5,Book, iBookc G4, eMac, eMac G4, Mac mini, PowerMac G3, PowerMac G4 (singe and dual processor models), PowerMac G4 Cube, PowerMac G5 (single and dual processor models), PowerBook G3, PowerBoolc G4

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9 (including E-inch, 15-inch, and 17-inch models), MacBook, and MacBook Pro. 10
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The term "Windows Computer" means the combination of

11 hardware and operating system software comprising any and all models of computers,
12 past or present, that use any version of Microsoft Corporation operating system software

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branded with the "Windows" name, and that can run iTunes software. (c) Exhibits A through G identify where the elements of each asserted claim

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are found wittiin the Accused Instrumentalities. Exhibit H sets fort& citations and

17 references to information supporting these charts that can be found on Apple's website or
18 in Apple's publicly available documents.

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(d)

Each element of each claim as set forth in Exhibits A through G is literally

20 present or, in the alternative, is present under the doctrine of equivalents in the Accused
21 22

Instrumentalities.

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(e)

The `839, `705, and `932 patents all claim priority to the earlier

application that resuIted in the issuance of the `995 patent. The priority date of all four

25 patents-in-suit is therefore December 27, 1988.
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Undersigned counsel hereby certifies that to the best of his knowledge, information, and belief, formed after an inquiry that is reasonable under the
PRELIMINARY INFRINGEMENT CONTENTIONS - 4 Case No. C 06-00019 MHP
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circumstances, tlie information contained in this Disclosure and the attached Exhibits is

2 complete and correct at the time of certification.
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Dated: May 22,2006

Respectfully submitted, lsf PARKER C. FOLSE III (WA Bar NO.24895Admitted Pro Hac Vice) [e-mail] LAN B.CROSBY (WA Bar NO.28461Admitted Pro Hac Yice) [e-mail] FLOYD G. SHORT (WA Bar NO,21632Admitted Pro Hac Vice) fshort@susmangodfrey .corn JOHN M. NEKJKOM (WA Bar NO. 36986Pro Hac Vice Pending) SUSMAN GODFREY, L.L.P. 1201 Third Avenue, Suite 3800 Seattle, Waslington 98101-3000 (206) 5 16-3880 Tel, [phone] Fax SPENCER HOSIE (CA Bar No. 101777) [e-mail] BRUCE WECKER (CA Bar No. 078530) [e-mail] HOSIE McARTHUR LLP One Market, 22nd Floor San Francisco, CA 94105 (415 ) 247-6000 Tel. [phone] FZK MICHAEL F. H M (TX Bar No. 9380923E Admitted Pro Hac Yice) LESLIE V. PAYNE (TX Bar NO.0784736Admitted Pro Hac Yice) HEM, PAYNE & CHORUSH, L.L.P. 600 Travis Street, Suite 6710 Houston, TX 77002 [phone] Tel. [phone] FZK ROBERT J. YORIO (CA Bar No. 93 178)

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V. RANI>ALL GARD (CA B r No. 151677) a COLBY B. SPRINGER (CA Bar No. 214868) CARR & FERRELL LLP 2200 Geng Road Palo Alto, CA 94303 [phone] Tel. [phone] Fax
ATTORNEYS FOR DEFENDANT BURST.COM, INC.

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EXHIBIT A

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,463,995, Claims 17 and 19 Accused Instrumentality: iPod Device

EXHIBIT A Document 74-6 Filed 12/09/2006

Page 8 of 40

An audio/video transceiver apparatus comprising:
input means for receiving audio/video source information as a time compressed representation thereof, said time compressed representation of said audiohideo source information being received over an associated burst time period that is shorter tban a real time period associated with said audiohide0 source information;

Apparatus is iPod Device

USB connector ( s o d Shuffle); or
FireWire connector and/or Dock connector for FireWire or USB connection (Sod models other than Shuffle) (which receives time compressed representation of audiohide0 source information (e.g., in AAC,MP3, Apple Lossless, H.264, or MFEG-4 forrnat) over a burst time period shorter than real time playback) Flash drive ( s o d Shuffle and iPod Nano); andor Hard drive (Sod models other than Shuffle and Nano) (which stores the time compressed representation)

random access storage means, coupled to said input means, for storing the time compressed representation of said audio/video source information received by said input means; and

694590v1/009350

EXHIBIT A

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, CIairns 17 and 19 Accused Instrumentality: iPod Device

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Page 9 of 40

output means, coupled to said random access storage means, for receiving the time compressed representation of said audiohide0 source information stored in said random access storage means for transmission away fiom said audiohide0 transceiver apparatus.

USB connector (Sod Shuffle); or

FireWire connector and/or Dock connector for Firewire or USB connection (iPod models other than Shuffle) (which receives time compressed representation stored in random access storage or transmission away to Apple Computer or Windows Computer wt iTunes s o h a r e ) ih
....

..

. . . .. . .. . .

.

.

...

...

An audiohide0 transceiver apparatus as in claim 17 in combination w t ih
a video library, coupled via a communication link with said audio/video transceiver apparatus, said video library storing a multiplicity of items of audiohide0 source information in said time compressed representation for selective retrieval, in said associated burst time period over said communication l n . ik

See Chart for Claim 17 (iPod Device with video capability)

Library of hivo or more time compressed representations of audiohideo source information stored in an Apple Computer or Windows Computer with iTunes softvare (which time compressed representations are stored for selective retrieval by an iPod Device with video capability i a burst h e period via USB n connection)

694590~/OOJ)350 I

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Case 3:06-cv-00019-MHP

Burst.com US. Patent No. 5,164,839, Claims 17,19, and 77
Accused Instrumentality: iPod Device
.. . . . . .. .

Document 74-6

EXHIBIT A Filed 12/09/2006

Page 10 of 40

.. .

A method for handling audio/video source information, the method comprising:
receiving audiohdeo source information as a time compressed representation thereof, said time compressed representation of said audiohide0 source information being received over an associated burst time period that is shorter than a real time period associated with real time playback of said audiohideo source inform ation; storing the time compressed representation of said received audiohideo source information; and

Method performed by S o d Device

S o d Device receives time compressed representation of audio/video source information (e.g., in AAC, MP3, Apple Lossless, H.264, or MPEG-4 format) over a burst time period shorter than real time playback via USB, Firewire, and/or Dock connector for Firewire or USB connection

S o d Device stores the time compressed representation on its flash drive (iPod Shuffle and s o d Nano) and/or hard drive (other iPod models)

transmitting, in said burst time period, tlie stored time compressed S o d Device transmits stored time compressed representation in a representation of said received audiohide0 source infomation to burst time period shorter than real time playback to an Apple a selected destination. Computer or Windows Computer with iTunes software via USB, Firewire, and/or Dock connector for Firewire or USB connection
.. ... . ..
.. . .

... . ...

A method as in claim 17 wherein

See Chart for Claim 17 (iPod Device with video playback capability)

EXHIBIT A
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Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 17,19, and 77 Accused InstrurnentaIity: iPod Device

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said audiohide0 source information comprises information received over a communications linlc from a video library storing a multiplicity of programs of audio/video source information as time compressed representations thereof for selective retrieval by a user in an associated burst time period.
.... ..

s o d Device receives the audio/video source information from a video Iibrary storing two or more time compressed representations of audiohide0 source information for selective retrieval by a user in a burst time period shorter than real time playback (e.g., an Apple Computer or Windows Computer with iTunes software), via a USE connection and/or Dock connector

1 8

A method for handling audiohide0 source information, the method comprising:
receiving audiohide0 source infomation as a time compressed digital representation thereof, said audiohide0 source information comprising a multiplicity of video & m e s in the form of one or more full motion video programs selected fiorn a video library storing a multiplicity of full motion video programs in a time compressed digital representation thereof for selective retrieval, said time compressed digital representation of the received audio/video source information being received i an associated n burst time period that is shorter than a time period associated with a real time representation of said received audio/video source information;

Method performed by iPod Device with video playback capability

S o d Device receives time compressed representation of video program(s) (e.g., in 3.264 or MPEG-4 format) selected from a video library storing two or more b e compressed representations of video program(s) for selective retrieval (s.g., an Apple Computer or Windows Computer with iTunes software), in a burst time period shorter than real time playback, via a USB connection and/or Dock connector

storing the time compressed digital representation of said received iPod Device stores the time compressed digital representation on audiohide0 source information; and its hard drive

2

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, CIaims 17,19, and 77 Accused Instrumentality: iPod Device

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i
transmitting, in said burst time period, the stored time compressed iPod Device transmits stored time compressed digital digital representation of said received audiohide0 source representation in a burst time period shorter than rea1 time information to a selected destination. playback to an Apple Computer or Windows Computer with iTunes software, via USB connection andor Dock connector
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tXHlBlT

A
Page 13 of 40

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Document 74-6

Burst.com U.S. Patent No. 5,995,705, Claim 21
Accused Instrumentality: iPod Device

Filed 12/09/2006

A method for handling audiohide0 source information, the method comprising the steps of:
receiving audiohide0 source information as a digital time compressed digital representation thereof, said audiohide0 source information comprising a multiplicity of video frames collectively constituting at least one fill motion video program selected fiom a video library storing a plurality of video programs i a digital time compressed n representation thereof for selective retrieval; said at least one video program being received by a receiver in a burst transmission time period that is substantially shorter than a time period associated with real-time viewing by a receiver of said at least one video program; storing the digital time compressed representation of said audiohideo source infomation; and transmitting, in said burst transmission time period, the stored digital time compressed representation of said audiohide0 source information to a selected destination.

Method performed by s o d Device wt video playback capability ih

iPod Device receives, in a burst time period substantially shorter than real time playback, digital time compressed representation of video program(s) (e.g., i H.264 or MPEG-4 format) selected fiom a video n library storing two or more digital time compressed representations of video prograxn(s) for selective retrieval (e.g.,an Apple Computer or Windows Computer with iTunes software), via a USB connection andor Dock connector

iPod Device stores the digital time compressed representation on its liard drive iPod Device transmits the stored time compressed digital representation in a burst time period substantially shorter than real time playback to an Apple Computer or Windows Computer with iTunes software, via USB connection and/or Dock connector

EXHIBIT A

1

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EXHIBIT B

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, Claims 1, 2,3,7,9,15,22,28,44,51,52, and 80 Accused Instrumentality: Apple Computes or Windows Computer with iTunes Software Installed
. . .. ...........

Document 74-6

EXHIBIT B Filed 12/09/2006

Page 15 of 40

An audiohide0 transceiver apparatus comprising:

Apparatus is an Apple Computer or Windows Computer with iTunes software installed One or more of the following components of the Apple Computer or Windows Computer with iTunes software installed: SuperDrive, Combo drive, or other drive that reads CDs; Wired or wireless Ethernet device; Internal telephone modem device;

input means for receiving audiohide0 source information

USE port; andor
FireWire port (which receives audio/Viwo source informatior compression means, coupled to said input means, for compressing said audiohideo source information into a time compressed representation thereof having az1 associated time period that is shorter than a time period associated with a real time representation of said audiohide0 source information; Central processing unit in Apple Computer or Windows Computer with iTunes software installed (wl-iich compresses the audiohide0 source information into a time compressed representation (e.g.,in AAC, MF'3, Apple Lossless, or S o d movie format) tliat has a time period shorter t a real time playback) hn

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EXHIBIT B

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, Claims I, 2,3,7,9, 15, 22,28,44, 51, 52, and 80 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installled
Hard drive and/or other system memory in Apple Computer or Windows Computer with iTunes software installed (which stores the time compressed representation)

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random access storage means, coupled to said compression means, for storing the time compressed representation of
said audiohide0 source information; and

output means, coupled to said random access storage means for receiving the time compressed audiohide0 source information stored in said random access storage means for transmission away from said audiohide0 transceiver apparatus.

USB port on Apple Computer or Windows Computer with iTunes software installed (which receives the time compressed representation for transmission away); and/or
FireWire port on Apple Computer or Windows Computer with iTunes software installed (which receives the t i m e compressed representation for transmission away)

An audiohide0 transceiver apparatus as in claim 1 M e r comprising
editing means, coupled to said random access storage means, for editing the time compressed representation of said audiohide0 source information stored in said random access storage means and for restoring the edited time compressed representation of said audiohide0 source infomation in said random access storage means;

See Chart for Claim 1

Central processing unit and other hardware in Apple Computer or Windows Computer with iTunes software installed (which edits the time compressed representation of audiohide0 source information (e.g., iTunes editing features Volume Adjustment, Equalizer Preset, Start Time, and Stop Time) and restores the edited time compressed representation in memory)

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Case 3:06-cv-00019-MHP

Accused InstrumentaIity: AppIe Computer or Windows Computer with iTunes Software Installed

Burst.com U.S. Patent No. 4,963,995, Claims 1,2,3,7,9,15,22,28,44,51,52, and 80

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means for transmission away from said audiohide0 transceiver apparatus.

and wherein said output means is operative for receiving the See Chart for Claim I (the identified output means receives the edited edited time compressed representation of said audiohide0 time compressed representation stored in memory for transmission source information stored in said random access storage away)

A n audiohide0 transceiver apparatus as in claim 2 further comprising

See Charts for Claim 1 and Claim 2

monitor means for enabling the user to selectively identi& the time compressed representation of said audiohide0 source information stored in said random access storage means during editing.

Monitor of Apple Computer or Windows Computer displaying iTunes Software user interface (which enables user to selectively identi& the time compressed representation of audiolvideo source information during editing)
...
. .

.. ..

An audiohide0 transceiver apparatus as in claim 1
wherein said random access storage means comprises a semiconductor memory.

See Chart for Claim 1

DRAM in the Apple Computer or Windows Computer with iTunes software
.. .- .. . .

An audiohide0 transceiver apparatus as in claim 1 wherein:

See Chart for Claim 1

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Accused InstrumentaIity: Apple Computer or Windows Computer with iTunes Software Installed

Burst.com U.S. Patent No. 4,963,995, Claims 1,2,3,7,9,15,22,28,44,51,52, and 80

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said audiohide0 source information comprises digital audiohide0 source information; said compression means is operative for compressing said digital audiohide0 source information into a digital time compressed representation thereof having an associated time period that is shorter tlian a time period associated with a real time representation of said digital audio/video source information; and said random access storage means is operative for storing said digital time compressed representation of said digital audiolvideo source information
.
. .

See Chart for Claim I (the identified input means receives the digital audiohide0 source information) See Chart for Claim 1 (the identified compression means compresses the digital audiohideo source information into a digital time compressed representation with a time period shorter than real time playback)

See Chart for Claim 1 (the identified random access storage means stores the digital time compressed representation)

.

.

..

..

.

...

An audiohideo transceiver apparatus as in claim 9 wherein
said input means is coupled to an external computer and said digital audiohide0 source idormation comprises computer-generated audiohide0 information.

See Charts for Claim 1 and Claim 9
-~

Wired or wireless Ethernet device and/or internal telephone modem device in the Apple Computer or Windows Computer with iTunes software installed, coupled to an external computer (e.g., a computer used by the iTunes Music Store or another computer with iTunes software installed) (which input means receives digital audiohide0 source information &om a computer)

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Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, CIairns 1,2,3,7,9,15,22,28,44,51,52, and 80 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software InstaIIed
See Chart for Claim I

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An audiohide0 transceiver apparatus as in claim 1 further comprising:
decompression means, coupIed to said random access storage means, for selectively decompressing the time compressed representation of said audio/video source information stored in said random access storage means; and monitor means for enabling the user to view the selectively decompressed time compressed representation of said audiohide0 source information.
..

Central processing unit in Apple Computer or Windows Computer with iTunes software installed (which selectively decompresses the stored time compressed representation of audiohideo source information)

Monitor of Apple Computer or Windows Computer displaying iTunes software user interface (which enables the user to view the selectively decompressed time compressed representation)

An audiohideo transceiver apparatus as in claim 9 M e r

comprising:

See Charts for Claim 1 and Claim 9

decompression means, coupled to said random access storage means, for selectively decompressing the digital time compressed representation of said digital audiohide0 source information stored in said random access memory means; and

Central processing unit in Apple Computer or Windows Computer with iTunes software installed (which selectively decompresses the stored digital time compressed representation of audiohide0 source information)

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Case 3:06-cv-00019-MHP

lBurst.com U.S. Patent No. 4,963,995, Claims 1,2,3,7,9, 15, 22,28,44,51,52, and 80 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed
Monitor of Apple Computer or Windows Computer displaying iTunes Software user interface (which enables the user to selectively view the decompressed digital time compressed representation)

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monitor means, coupled to said decompressionmeans, for enabling tlie user to selectively view the decompressed digital time compressed representation of said digital audiohide0 source information.

An audiohide0 transceiver apparatus as in claim 1 further comprising
recording means, including a removable recording medium coupled to said random access storage means, for storing the time compressed representation of said audiohdeo source information stored in said random access storage means onto said removable recording medium.

See Chart for Claim 1

SuperDrive, Combo Drive, or other CD andor DV13 drive that includes writing capability in the Apple Computer or Windows Computer with iTunes software installed (which stores the time compressed representation of audio/video source information onto a CD or DVD) .. .. .. .__ . ..
... . ..

An audiohide0 transceiver apparatus as in claim 9 M h e r comprising
CD-ROM means for providing said digital audio/video source information.

See Charts for Claim 1 and Claim 9

SuperDrive, Combo drive, or other drive that reads CDs in the Apple Computer or Windows Computer with iTunes software installed (which provides digital audiohide0 source information &om a CDROW

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Case 3:06-cv-00019-MHP

Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed

Burst.com U.S. Patent No. 4,963,995, Claims 1,2,3,7,9,15,22,28,44, 51, 52, and 80

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An audio/video transceiver apparatus as in claim 9 M e r comprising

See Charts for Claim 1 and Claim 9

Erasable optical disc means for providing said digital audiohide0 source information.

SuperDnve, Combo drive, or other drive that reads CDs i the Apple n Computer or Windows Computer with iTunes software installed (which provides digital audiohide0 source information fiom an erasable or rewritable CD or DVD)

An audio/video transceiver apparatus as in claim 1 further comprising
editing means, coupled to said random access storage means, for editing said time compressed representation of said audio/video source information and for then storing the edited time compressed representation of said audiohide0 source information in said random access storage means.

See Chart for Claim 1

Central processing unit and other hardware in the Apple Computer or Windows Computer with iTunes sofcware installed (which edits the time compressed representation of audiolvideo source information (e.g.,iTunes editing features Volume Adjustment, Equalizer Preset, Start Time, and Stop Time) and stores the edited time compressed representation in memory)

7

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, CIairns 17,19, and 47 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software InstaIIed

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Page 22 of 40

An audiolvideo transceiver apparatus comprising:

Apparatus is an Apple Computer or Windows Computer with iTunes sofkware installed One or more of the following components of the Apple Computer or Windows Computer with iTunes software installed: Wired or wireless Ethernet device; USB port; and/or Firewire port (which receives a time compressed representation of audiohideo source information (e.g., in AAC,MP3, Audible, Apple Lossless, H.264, or MPEG-4 format) over a burst time period shorter than real time playback)

input means for receiving audiohide0 source information as a time compressed representation thereoc said time compressed representation of said audiohide0 source information being received over an associated burst time period that is shorter than a real time period associated with said audiohide0 source information;

random access storage means, coupled to said input means, for storing the time compressed representation of said audiohide0 source information received by said input means; and

Hard drive andor other system memory in Apple Computer or Windows Computer w t iTunes software installed (which stores the ih time compressed representation)

EXHIBIT B

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, Claims 17,19, and 47 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed

Document 74-6

Filed 12/09/2006

Page 23 of 40

output means, coupled to said random access storage

USB port on Apple Computer or Windows Computer with iTunes

means, for receiving the time compressed representation of said audiohide0 source information stored in said random access storage means for transmission away fiom said audio/video transceiver apparatus.

software installed (which receives the time compressed representation for transmission away); and/or FireWire port on Apple Computer or Windows Computer with iTunes software installed (whicb receives the t h e compressed representation for transmission away)

. .,..

ai

...

An audiohide0 transceiver apparatus as in claim 17 in combination with
a video library, coupled via a communication link with said audio/video transceiver apparatus, said video library storing a multiplicity of items of audiohide0 source information in said time compressed representation for selective retrieval, in said associated burst time period over said communication link.
. . . ..

See C a t for Claim 17 hr

The iTunes Music Store (which is a library of two or more time compressed representations of audiohide0 source information stored for selective retrieval over the Internet in a burst time period shorter than real time playback), coupled via the Internet to the Apple Computer or Windows Computer with iTunes software installed
.. . ... .

An audiohideo transceiver apparatus as in claim 17 further comprising

See Chart for Claim 17

694585v1/003350

2

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, Claims 17,19, and 47 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed

Document 74-6

Filed 12/09/2006

Page 24 of 40

recording means, including a removable recording medium, coupled to said random access storage means, for storing the time compressed representation of said audio/video source information stored i said random access storage n means onto said removable recording medium.
I
I

SuperDrive, Combo Drive, or other CD and/or DVD drive that includes writing capability in the Apple Computer or Windows Computer with iTunes s o h a r e installed (which stores the time compressed representation of audiohide0 source information onto a CD or DVD)

3
694585v1/009350

EXHIBIT B
Case 3:06-cv-00019-MHP

Burst.com U S . Patent No. 5,164,839, Claims 1,2,3,7,9,15,22,28,44,51, and 52
Accused Instrumentality: Method Performed by iTunes Software Running on le Computer or Windows Computer

Document 74-6

Filed 12/09/2006

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A method for handling audiohdeo source information, the method comprising:
receiving audiohide0 source information

Method performed by ;Tunes software running on an Apple Computer or Windows Computer iTunes software receives audiohideo source information via one or more of the following components of the Apple Computer or Windows Computer: SuperDrive, Combo drive, or other drive that reads CDs; Wired or wireless Ethernet device; Internal or external telephone modem device;

USB port; and/or
FireWire port compressing the received audiohide0 source information into a time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a real time representation of the received audio/video source information; iTunes s o h a r e compresses the audiohide0 source information into a time compressed representation (e.g., in M C , MP3, Apple Lossless, or iPod movie format) that has a burst time period shorter than real time playback

634607~/ 0 . 3 0 1 0!15

EXHIBIT B

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 1,2,3,7,9,15,22,28,44,51, and 52 Accused Instrumentality: Method Performed by iTunes Software Running on le Computer or Windows Computer
iTunes s o h a r e stores the time compressed representation (e.g., in computer memory or on otlier storage media) iTunes s o h a r e transmits the stored time compressed representation in a burst time period shorter than real time playback to a selected destination (e.g., an iPod Device) via the USB port or FireWire port in the Apple Computer or Windows Computer
.......

Document 74-6

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storing said time compressed representation of the received audiohide0 source information; and

transmitting,in said burst time period, the stored time compressed representation of the received audio/video source information to a selected destination.
.. ...

..........

A method as in claim 1 M e r comprising the steps of: editing the stored time compressed representation of said audiohide0 source information; and

See Chart for Claim 1 iTunes software editing features (e-g.,Volume Adjustment, Equalizer Preset, Start Time, and Stop Time) edit the time compressed representation of audiohideo source information iTunes software stores the edited time compressed representation (e.g.,in computer memory or on other storage media)
.......

storing the edited time compressed representation of said

audiohide0 source information.

......

A method as in claim 2 M e r comprising

See Chart for Claim 1

2

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims I, 2,3,7,9,15,22,28,44,51, and 52 Accused Instrumentality: Method Performed by iTunes Software Running on Apple Computer or Windows Computer

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the step of monitoring the stored, time compressed iTunes software enables the user to monitor the time compressed representation of said audiohide0 source information during representation during editing editing.

1 1

A method as in claim 1 wherein
the step of storing comprises storing the time compressed representation of said audiohide0 source information in a semiconductor memory.

See Chart for Claim 1 iTunes software stores the time compressed representation in the computer's DRAM

. .... .

. .. . . .

A method as in claim 1 wherein:
said audiohide0 source information comprises digital audiohide0 source information;

See Chart for Claim 1 See Chart for Claim 1 (the audiohideo source S o m a t i o n is digital)

said step of compressing comprises compressing said digital iTunes software compresses the digital audiohide0 source audiohide0 source information into a digital time information into a digital time compressed representation that has a compressed representation thereof having an associated burst time period shorter than real time playback burst time period that is shorter than a time period associated with a real time representation of said digital audiohide0 source information; and
I

694607v1/009350

3

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 1,2,3,7,9,15,22,28,44, 51, and 52 Accused Instrumentality: Method Performed by iTunes Software Running on le Computer or Windows Computer

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said step ofstoring comprises storing said digital time iTunes software stores the digital time compressed representation in compressed representation of said digital audiohideo source computer memory information.

1

A method as in claim 9 wherein

1
t
I

See Charts for Claim 1 and Claim 9 See Charts for Claim 1 and Claim 9 (the audio/video source information is received fkom a computer, e.g., a computer used by the iTunes Music Store)

1 said audiohide0 source information comprises information
received from a computer.

I A method as in claim 1 further comprising the steps of:
selectively decompressing the stored time compressed representation of said audiohide0 source information; and visually displaying &e selectively decompressed time compressed representation of said audiohide0 source information for viewing by a user.

1 See Chart for Claim 1
iTunes software selectively decompresses the stored time compressed representation iTunes software displays the selectively decompressed time compressed representation for viewing by the user

I

694607v1/009350

4

Case 3:06-cv-00019-MHP

Burst.com U.S. ]Patent No. 5,164,839, Claims 1,2,3,7,9, 15, 22,28,44,51, and 52 Accused Instrumentality: Method Performed by iTunes Software Running on Apple Computer or Windows Computer
See Charts for Claim 1 and Claim 9

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A method as in claim 9 further comprising the steps of:

selectively decompressing the stored digital time iTunes software selectively decompresses the stored digital time compressed representation of said digital audiohide0 source compressed representation information; and visually displaying the selectively decompressed digital time compressed representation of said digital audiohide0 source information for selective viewing by a user.

iTunes software displays the selectively decompressed digital time compressed representation for selective viewing by the user

......

A metliod as in claim 1 W e r comprising the step of

See Chart for Claim 1
iTunes software records the stored time compressed representation onto a recordable or writeable CD or DVD by using the computer's SuperDrive, Combo Drive, or other CD and/or DVD drive wt ih writing capability

recording the stored time compressed representation of said audiohide0 source infomation onto a removable recording medium.

A metliod as in claim 9 wherein

See Charts for Claim 1 and Claim 9

694607v1/009350

5

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 1,2,3,7,9,15,22,28,44, 51, and 52
Accused Instrumentality: Method Performed by iTunes Software Running on

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Page 30 of 40

Apple Computer or Windows Computer

said digital audiohide0 source information is received .from iTunes s o h a r e receives the digital audiohide0 source information a CD-ROM. fiom a CD by using the computer's SuperDrive, Combo Drive, or other drive that reads CDs

1

A method as in claim 9 wherein
said digital audiohideo source information is received fiom an erasable optical disk.

See Charts for Claim 1 and Claim 9 iTunes s o h a r e receives the digital audiohide0 source information fkom an erasable or rewritable CD by using the computer's SuperDrive, Combo Drive, or other CD drive that writes CDs

694607~1 io09350

6

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 17,19, and 47 Accused Instrumentality: Method Performed by iTunes Sofhrare Running on Apple Computer or Windows Computer

Document 74-6

Filed 12/09/2006

Page 31 of 40

A method for handling audiohide0 source information, the method comprising: receiving audiohide0 source information as a time compressed representation thereof, said time compressed representation of said audio/video source information being received over an associated burst time period that is shorter than a real time period associated with real time playback of said audiohide0 source information;

Method performed by iTunes software running on an Apple Computer or Windows Computer iTunes software receives the time compressed representation of audiohide0 source information over a burst time period shorter than rea1 time playback via one or more of the following components of the Apple Computer or Windows Computer: Wired or wireless Ethernet device;

USB port; and/or
Firewire port storing the time compressed representation of said received audiohide0 source information; and transmitting,in said burst time period, the stored time compressed representation of said received audiohideo source information to a selected destination. iTunes software stores the time compressed representation (e.g., in computer memory or on other storage media) iTunes software transmits the stored time compressed representation in a burst time period shorter than real time playback to a selected destination (e.g.,an iPod Device) via the USB port or Firewire port in the Apple Computer or Windows Computer

694608v1/009350

EXHIBIT 6

I

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 17,19, and 47 Accused Instrumentality: Method Performed by iTunes Software Running on Apple Computer or Windows Computer
See C a t for Claim 17 hr iTunes software receives the audiohide0 source information via the Internet fiom a video library storing two or more time compressed representations of audiohide0 source information for selective retrieval in a burst time period shorter than real time playback (e.g., the iTunes Music Store)

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A method as in claim 17 wherein said audiohide0 source inonnation comprises infomation received over a communications link &om a video library storing a multiplicity of programs of audiohide0 source information as time compressed representations thereof for selective retrieval by a user in an associated burst time period.

A method as in claim 17 further comprising the step of recording the time compressed representation of said audiohide0 source idormation onto a removable recording medium.

See C a t for Claim 17 hr iTunes software records the time compressed representation onto a recordable or writeable CD or DVD using the computer's SuperDrive, Combo Drive, or other CD and/or DVD drive with writing capability

2

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, CIaim 77 Accused Instrumentality: Method Performed by iTunes Software Running on Apple Computer or Windows Computer
....... ...... . . . ..............
. . .

Document 74-6

EXHIBIT B Filed 12/09/2006

Page 33 of 40

.....

.......

A method for handling audio/video source information, the method comprising: receiving audiolvideo source information as a time compressed digital representation thereof, said audio/video source information comprising a multiplicity of video fi-ames in the form of one or more full motion video programs selected f+om a video library storing a multiplicity of full motion video programs in a time compressed digital representation thereof for selective retrieval, said time compressed digital representation of the received audiohide0 source information being received in an associated burst time period that is shorter than a time period associated with a real time representation of said received audio/video source information; storing the time compressed digital representation of said received audiohide0 source information; and transmitting,in said burst time period, the stored time compressed digital representation of said received audiolvideo source information to a selected destination.

Method performed by iTunes s o h a r e running on an Apple Computer or Windows Computer iTunes software receives, in a burst time period shorter than real time playback, the time compressed digital representation of video program(s) selected fiom a video library storing two or more such time compressed digital representations for selective retrieval (eg., the iTunes Music Store), via one or more of the following components of the Apple Computer or Windows Computer: Wired or wireless Ethernet device; USB port; and/or Firewire port iTunes software stores the time compressed digital representation (e.g., in computer memory or on other storage media) iTunes software transmits the stored time compressed digital representation in a burst time period shorter than real time playback to a selected destination (e.g.,an iPod Device) via the USB port or FireWire port i the Apple Computer or Windows Computer n

EXHi8lT 8
694613v I/009350

I

EXHjBIT E
Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,995,705, CIaims 1,2, and 3 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed

Document 74-6

Filed 12/09/2006

Page 34 of 40

An audiohide0 transceiver apparatus comprising:

Apparatus is an Apple Computer or Windows Computer with iTunes software installed One or more of the following components of the Apple Computer or Windows Computer with iTunes software installed: Wired or wireless Ethernet device; Internal telephone modem device;

input means for receiving audiohide0 source inf'ormation, said audiohideo source information comprising a multiplicity of video f k n e s colIectively representing at least one full motion video program;

USB port; and/or
Firewire port (which receives audiolvideo source id3ormation comprising video PrOgram(s)) compression means, coupled to said input means, for compressing said audiolvideo source information into a digital time compressed representation thereof, wherein said digital time compressed representation of said audiohideo source information is capable of being transmitted in a burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audiohide0 source information; Central processing unit in Apple Computer or Windows Computer with iTunes software installed (which compresses the audiohide0 source information into a digital time compressed representation (eg., in S o d movie format) that is capable of being transmitted in a burst transmission time period substantially shorter than real time playback)

69461 5~11009350

EXHIBIT B

z

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,995,705, CIaims 1,2, and 3 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Instafled
Hard drive and/or other system memory in Apple Computer or Windows Computer with iTunes software installed (which stores the digital time compressed representation) Central processing unit, USB port or FireWire port, and other hardware on Apple Computer or Windows Computer with iTunes software installed (which transmits the digital time compressed representation away in a burst transmission time period substantially shorter than real time playback)
. .. ..

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storage means, coupled to said compression means, for storing said digital time compressed representation of said audio/video source information; and transmission means, coupled to said storage means, for transmitting said digitaI time compressed representation of said audiohide0 source information away from said audiohide0 transceiver apparatus in said burst transmission time period.

The audiohideo transceiver apparatus of claim 1, further comprising editing means, coupled to said storage means, for editing tlie digital time compressed representation of said audiohide0 source information stored in said storage means and for storing the edited digital time compressed representation of said audiohide0 source information in said storage means.

See Chart for Claim I

Central processing unit and other hardware in Apple Computer or Windows Computer with iTunes software installed (which edits the digital time compressed representation of audiohide0 source information (e.g.,iTunes editing features Volume Adjustment, Equalizer Preset, Start Time, and Stop Time) and stores the edited time compressed representation in tlie identified storage means)

The audiohide0 transceiver apparatus of claim 3,

See Charts for Claim1 and Claim 2

Gg4Gl5v I/OO9350

2

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,995,705, Claims 1,2, and 3 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed
See C a t for Claim 1 (the identified transmission means receives hr edited digital time compressed representation and transmits it away in a burst transmission time period substantially shorter than red time playback)

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wherein said transmission means is configured to receive the edited digital time compressed representation of said audiohideo source information and to transmit the edited digital time compressed representation of said audiohide0 source information away from said audiohide0 kansceiver apparatus in said burst transmission time period.
1
I

694615v1/009350

3

Case 3:06-cv-00019-MHP

Accused Instrumentality: Method Performed by iTunes Software Running on Apple Computer or Windows Computer

Burst.com U.S. Patent No. 5,995,705, CXaims 12,13, and 21

Document 74-6

EXHIBIT B Filed 12/09/2006

Page 37 of 40

A method for handling audiohide0 source information, the method comprising the steps oE
receiving audiohideo source information, said audio/video source idormation comprising a multiplicity of video frames collectively constituting at least one k l l motion video program;

Method performed by iTunes software running on an Apple Computer or Windows Computer iTunes receives audiohideo source information comprising video program(s) via one or more of the following components of the Apple Computer or Windows Computer: Wired or wireless Ethernet device; lnternal telephone modem device;

USB port; and/or
FireWire port compressing the received audiohideo souce information into a digital time compressed representation thereof, the digital time compressed representation of said audiohide0 source information having an associated burst transmission time period that is substantially shorter than a time period associated with real time viewing by a receiver of said audiohide0 source information; iTunes software compresses tlie audiohide0 source Information into a digital time compressed representation (eg., in iPod movie format) that has a burst time period substantially shorter than real time playback

694614v 1/OO935O

EXHlBlT B

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,995,705, Claims 12,13, and 21 Accused Instrumentality: Method Performed by iTunes Software Running on Apple Computer or Windows Computer
iTunes software stores the digital time compressed representation (e.g., in computer memory or on other storage media) iTunes software transmits the stored digital time compressed representation in a burst time period substantially shorter than real time playback to a selected destination (e.g., an iPod Device) via the USB port or Firewire port in the Apple Computer or Windows Computer
.. .

Document 74-6

Filed 12/09/2006

Page 38 of 40

storing the digital time compressed representation of said audioivideo source information; and transmitting, in said burst transmission time period, the stored digital time compressed representation of said audiohide0 source information to a selected destination.

.

.

The method of claim 12, further comprising the steps of editing the stored time compressed representation of said audiohide0 source information; and

See Chart for Claim 12 iTunes software editing features (e.g., Volume Adjustment, Equalizer Preset, Start Time, and Stop Time) edit the stored time compressed representation of audiolvideo source information iTunes software stores the edited time compressed representation (e.g., in computer memory or on other storage media)
. . .. . . . . . .. . .. .. . .. . . .
.

storing the edited time compressed representation of said audiolvideo source information.

... . .

.

A method for handling audioivideo source information, the method comprising the steps of

Method performed by iTunes software running on an Apple Computer or Windows Computer

694G14vl/O09350

2

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,995,705, Claims 12, 13, and 21 Accused Instrumentality: Method Performed by iTunes Software Running on le Computer or Windows Computer
iTunes software receives, in a burst transmission time period substantially shorter than real time playback, the digital time compressed representation of one or more video programs selected from a video library storing two or more such time compressed digita representations for selective retrieval (e.g., the iTunes Music Store), via one or more of the following components of the Apple Computer or Windows Computer: Wired or wireless Ethernet device; USB port; and/or Firewire port iTunes software stores the digital time compressed digital representation (ag., i computer memory or on other storage media) n iTunes software transmits the stored digital time compressed digital representation in a burst time period substantially shorter than real time playback to a selected destination (cg., an s o d Device) via the USB port or FireWire port in the Apple Computer or Windows Computer

Document 74-6

Filed 12/09/2006

Page 39 of 40

receiving audiolvideo source information as a digital time compressed representation thereof, said audiohide0 source information comprising a multiplicity of video frames collectively constituting at least one full motion video program selected from a video library storing a plurality of video programs in a digital time compressed representation thereof for selective retrieval;

said at least one video program being received by a receiver in a burst transmission time period that is substantially shorter than a time period associated with real-time viewing by a receiver of said at least one video program;

storing the digital time compressed representation of said audiohide0 source information; and
transmitting, in said burst transmission time period, the

stored digital time compressed representation of said audiohide0 source information to a selected destination.

694614v1/009350

3

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,057,932, Claim 4 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed
..

Document 74-6

Filed 12/09/2006

Page 40 of 40

lai
.I. ..

.

An audiohideo transceiver apparatus comprising:

Apparatus is an Apple Computer or Windows Computer with iTunes software installed One or more of the following components of the Apple Computer or Windows Computer With iTunes software installed: Wired or wireless Ethernet device; Internal telephone modem device;

input means for receiving audiohide0 source information, said audiohide0 source information comprising a multiplicity of video frames i the form of one or more full n motion video programs;

USB port; and/or
FireWire port (which receives audiohide0 source information comprising video PrOgra(S)) compression means, coupled to said input means, for compressing said audiohide0 source information into a time compressed representation thereof having an associated time period that is shorter than a time period associated with a real time representation of said received audiohide0 source infomation; Central processing unit in Apple Computer or Windows Computer with iTunes software installed (wlich compresses the audiohide0 source information into a time compressed representation (e.g., in iPod movie format) that has a time period shorter than real time playback)

63461Gv1/003350

EXHIBIT B

1