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)

Burst.com U.S. Patent No. 5,057,932, CIaim 4 Accused Instrumentality: Apple Computer or Windows Computer with iTunes Software Installed
random access storage means, coupled to said compression means, for storing the time compressed representation of said audiolvideo source infoaation, said random access storage means comprising one or more magnetic disks; and output means, coupled to said random access storage means, for receiving the time compressed audiolvideo source information stored in said random access storage means for transmission away fi-om said audiolvideo transceiver apparatus.

Case 3:06-cv-00019-MHP

Document 74-7

Filed 12/09/2006

Page 1 of 40

Hard drive(s) in Apple Computer or Windows Computer with iTunes software installed (which stores the time compressed representation)

USE port on Apple Computer or Windows Computer with iTunes software installed (which receives the time compressed representation for transmission away); andor
Firewire port on Apple Computer or Windows Computer with iTunes software installed (which receives the time compressed representation for transmission away)

2

Dockets.Justia.com

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EXHIBIT C

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, Claims 17 and 19 Accused Instrumentality: iTunes Music Store

Document 74-7

Filed 12/09/2006

Page 3 of 40

An audiohide0 transceiver apparatus comprising:

Apparatus is computer used by iTunes Music Store, including hardware and somare

One or more of the following components of computer executing input means for receiving audiohide0 source iaformation s o h a r e used by the iTunes Music Store: as a time compressed representation thereof, said time compressed representation of said audiohide0 source Wired or wireIess Ethernet device or other network port for infomation being received over an associated burst time period that is shorter than a real time period associated wt connection to networked computer or the Internet; ih said audio/video source inf'ormation; USB port for connection to external memory device; FireWire port for connection to networked computer or external memory device; and/or

CD and/or DVD drive
(which receives time compressed representation of audiohide0 source information over a burst time period shorter than real time playback) random access storage means, coupled to said input means, for storing the time compressed representation of said audiohideo source information received by said input means; and Hard drive andlor other system memory in computer executing software used by the iTunes Music Store (which stores the time compressed representation)

EXHIBIT C
G94598v1/009350

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, Claims 1'7 and 19
Accused Instrumentality: iTunes Music Store

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Filed 12/09/2006

Page 4 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 &om said audiohideo transceiver apparatus.

Wired or wireless Ethernet device or other network port on computer executing software used by the iTunes Music Store (which receives tlie time compressed representation stored in random access storage for transmission away)

An audio/video transceiver apparatus as in claim 17 i n combination with
a video library, coupled via a communication link with said audiohideo 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 Chart for Claim 17
~

~

_

_

~

Library of two or more time compressed representations of audiohide0 source information, coupled via a communication link wt the ih computer identified as audidvideo transceiver apparatus in Claim 17 (fi-omwhich library the time compressed representations are selectively retrieved in a burst time period)

EXHIBIT C

Burst.com U.S. Patent No. 5,164,839, Claims 1 and 9 Accused Instrumentality: Method Performed by the iTunes Music Store and iTunes Producer Software Running on an Apple Computer
.. . . .. . .

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A method for handling audiohide0 source information, the method comprising: receiving audio/video source information

Method pedormed by the iTunes Music Store and by iTunes Producer software running on an Apple Computer iTunes Producer software receives audio source information via one or more of the following components of the Apple 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 audio/video source information into a time compressed representation thereof having an associated burst time period that is shorter than a time period associated witli a real time representation of the received audiohideo source information;

iTunes Producer software compresses audio source information into a time compressed representation (s.g.,i AAC format) that has a burst n time period sliorter than real time playback

EXHIBIT C
694596~1 /Or19350

1

Burst.com U.S. Patent No. 5,164,839, Claims 1 and 9 Accused Instrumentality: Method Performed by the iTunes Music Store and iTunes Producer Software Running on an Apple Computer

Case 3:06-cv-00019-MHP

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Page 6 of 40

storing said time compressed representation of the received audio/video source information; and

iTunes Producer software stores the time compressed representation (e.g., in computer memory or on other storage media); and/or The iTunes Music Store stores the time compressed representation (e.g., in computer memory or on other storage media)

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

iTunes Producer software transmits, in a burst time period shorter than real time playback, the stored time compressed representation to the iTunes Store; and/or The iTunes Music Store transmits, in a burst time period shorter than real time playback, the stored time compressed representation to an Apple Computer or Windows Computer w t iTunes software ih

A method as in claim 1 wherein: said audiohdeo source information comprises digital audio/video source infomation;

See C a t for Claim 1 hr See Chart for Claim 1 (the audio source information is digital)

634596~ 1/009350

Case 3:06-cv-00019-MHP

Accused Instrumentality: Method Performed by the iTunes Music Store and iTunes Producer Software Running on an Apple Computer

Burst.com U.S. Patent No. 5,164,839, CIaims 1 and 9

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Page 7 of 40

said step of compressing comprises compressing said digital audiohideo source information into a digital time compressed representation thereof having an associated burst time period that is shorter than a time period ih associated wt a real time representation of said digital audiohideo source information; and said step of storing comprises storing said digital time compressed representation of said digital audiohide0 source information.

iTunes Producer software compresses the digitd audio source infomation into a digital time compressed representation (e.g., in AAC format) that has a burst time period shorter tlian real time playback

iTunes Producer s o h a r e stores the digital time compressed representation (e.g., in computer memory or on other storage media); andlor

694596v1/009350

3

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 17,19, and 77 Accused Instrumentality: Method Performed by the iTunes Music Store

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A method for handling audiohide0 source infomation, the method comprising:

Method performed by the iTunes Music Store

The iTunes Music Store receives time compressed representation of receiving audiohideo source information as a time audiohide0 source information over a burst time period shorter than compressed representation thereof, said time compressed representation of said audiohide0 source information being real time playback from a computer with iTunes Producer software or received over an associated burst time period that is shorter other submission software than a real time period associated witli real time playback of said audiohide0 source information; 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 audiohide0 source information to a selected destination. The iTunes Music Store stores the time compressed representation (eg., in computer memory or on other storage media) The iTunes Music Store transmits, in a burst time period shorter than real time playback, the stored time compressed representation to an Apple Computer or Windows Computer with iTunes software

1 A method as in claim 17

hr See C a t for Claim 17

EXHIBIT C
69461 7v1/009350

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 17,19, and 77 Accused Instrumentality: Method Performed by the iTunes Music Store

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wherein said audiohide0 source information comprises information received over a communications link from 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.

The iTunes Music Store receives time compressed representation(s) of programs of audiohide0 source infomation over a communications l n ik from a library of two or more such time compressed representations stored for selective retrieval by a user in a burst time period shorter than real time playback

A method for handling audio/video source information, the method comprising: receiving audiohide0 source information as a time compressed digital representation thereoc said audio/video source information comprising a multiplicity of video frames in the form of one or more full motion video programs seIected from 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 tlian a time period associated with a real time representation of said received audiohide0 source information; storing the time compressed digital representation of said received audiohide0 source information; and

Method performed by the iTunes Music Store

The iTunes Music Store receives, in a burst time period shorter than real time playback, a time compressed digital representation of audiohide0 source information comprising video program(s) selected fiorn a video library storing two or more such time compressed digital representations for selective retrieval

The iTunes Music Store stores the time compressed digital representation (e.g.,in computer memory or on other storage media)

9
6946 I7v1/009350

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,164,839, Claims 17,19, and 77 Accused Instrumentality: Method Performed by the iTunes Music Store

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Page 10 of 40

transmitting, in said burst time period, the stored time compressed digital representation of said received audiohide0 source information to a selected destination.

The iTunes Music Store transmits, in a burst time period shorter than real time playback, the stored time compressed digital representation to an Apple Computer or Windows Computer with iTunes software

3

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 5,995,705, Claim 21

tXHiBlT C Document 74-7

Filed 12/09/2006

Page 11 of 40

Accused Instrumentality: iTunes Music Store

A method for handling audiohide0 source information, the method comprising the steps of:
receiving audiohide0 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 ftom 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 wt real-time viewing ih by a receiver of said at least one video program;
storing the digital time compressed representation of said

Method performed by the iTunes Music Store

The iTunes Music Store receives, in a burst time period substantially shorter than real time playback, a digital time compressed representation of audiohide0 source information comprising video program(s) selected from a video library storing two or more such time compressed digital representations for selective retrieval

audiolvideo source information; and

The iTunes Music Store stores the digital time compressed representation (e.g., in computer memory or on other storage media) The iTunes Music Store transmits, in a burst time period substantially shorter than real time playback, the stored digital time compressed representation to an Apple Computer or Windows Computer with iTunes s o h a r e

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

EXHlf3lT C

I

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EXHIBIT D

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server
US.PATENT NO, 5,164,839
CIairn 1 A method for handling audiolvideo source Final Cut Studio information, the method comprising: Apple's Final Cut Studio is a sofhvare product designed to run on an Apple Computer, specifically designed to handle audiohisual source information.
Final Cut Studio includes the following software applications designed to provide a seamless integrated platform for handling audio/visual source information: (I) Final Cut Pro; (2) Soundtrack Pro; (3) Motion; (4) DVD Studio Pro; and (5) Compressor.

Case 3:06-cv-00019-MHP Document Burst.com U.S. Patent No. 5,164,839,74-7 Filed 12/09/2006 Page 13 of 40 Claims 1-3,7,9,15,16,20,44,45,46,76

XNF'RINGEMIENT

Final Cut Pro is also sold as a stand-alone product. Ouicktime Pro Apple's Quicktime Pro is a software product that runs on an Apple Computer and/or Windows PC, and which is specifically designed to handle audio/visual source information. Apple indicates that Quiclctime Pro is part of a suite of Quicktime products, including Quicktime Player, Quicktime Pro, Quicktime Broadcaster, and Quicktime Streaming Server. These charts apply to Quiclctime Pro versions 5,6 or 7. Quicktime Streaming Server (QTSS) QTSS bandles audio/video source infomation and delivers audio/visual information to clients running Quicktime player. "QuickTime Streaming So&Vare" collectively refers to QuickTime Broadcaster, QuickTime Streaming Server Publisher and QuickTime Streaming Server. Apple's Xserve servers come with the QuickTirne Streaming Software preinstalled. The Mac OS X Server s o h a r e package includes all of the QuickTime Streaming Software and can be installed on Apple computers. receiving audiohideo source information;
~ ~~

FinaI Cut Studio

Final Cut Studio (including for example, Final Cut Pro andor Soundtrack Pro) receives a wide variety of audio/visual source information via a PCI card; a Firewire port; or tape.

EXHIBIT D

1

Case 3:06-cv-00019-MHP

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Page 14 of 40
N

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Accused Instrumentality: One or More Apple Computers Executing PinaI Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server
U.S. PATENT NO. 5,164,839
Formats supported in Finat Cut Pro 5
Format
~

Case 3:06-cv-00019-MHP Document Burst.com US. Patent No. 5,164,839,74-7 Filed 12/09/2006 Page 15 of 40 Claims 1-3,7,9,15,16,20,44,45,46,76

Framcratc

Dataratc YUV
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0 3 i n e for SD. fleal~time down cnnvErr fmm 5D source an (?~IXUIB*
OftIineforfilrn or HD frcrn 24.97 sour~e

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Kaiive Rnaronic AG-DVXlflD edi;ing
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Omins for HD. Red-time down c o n m t from HD source on capture.' production. I n g s t a n d output require I o ~ l s MXF to QuickTimp file nip s through ;I;iitl-parry TEIerrmam iofaian ( Aip-lMlacl.
Naiivi! DVCPRO 50 Editing.

422

Wcrt applicabk; Broadcaa nervc. and icme episodic

editing on!y

DVCPRO 50

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B- and 1D.bil SO online and finishing.

Uncmprirned SD 15.19.97

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UnmrnpreEed HD 22,476.24. 25.tg.PI.

90-230 hBps

422

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30.50.60

0- and IO.bitHD online 2nd finishing. IO-and 12-Dkdud.linkL A 4 RG9 for confcming an3 finishing.

The log and capture screen from Pinai Cut Pro is shown below for receiving audio/visual
3

Case 3:06-cv-00019-MHP 5,164,839, CIaims 1-3,7,9,15,16,20,44,45,46,76 Burst.com U.S. Patent No. Document 74-7 Filed 12/09/2006 Page 16 of 40 Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server

US. PATENT NO. 5,164,839
information fiom tape:

INFRINGEMENT

htt.p://ima~es.auule.com/fmalcutstudio/pdf/2005O62.1 FinalCutPro Product 0verview.udf.
Quicktime Pro

Quiclttime Pro receives audio/visual somce information on a variety of ports on the Apple Computer, including:
Wired or wireless Ethernet device; USB port; FkeWke port; Audio line input; Optical digital audio input;

4

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No. Document 74-7 Filed 12/09/2006 Page 17 of 40 5,164,839, Claims 1-3?7,9,15?16,20,44,45,46,76 Accused Instrumentality: One or More Apple Computers Executing BinaI Cut Studio, Quicktime Pro, and/or

Quicktime Streaming Server

U.S. PATENT NO. 5,164,839

INFRUVGEMENT
Built-in microphone; and/or iSight or other built-in camera

compressing the received audio/video source information into a time compressed representation thereof having an associated burst time period that is shorter lhan a time period associated with a real time representation of the received audiohide0 source information;

Find Cut Studio
Compressor 2 provides a number of compression techniques (or codec aigorithms running on a processor) for compressing audio/visual information. The Compressor codecs, which are integrated with other Apple software applications, can provide a compressed representation of audiohisual information with a lower data rate.
The Compressor software can identify the format and erne rate for particular types of transmissions including Web Downloading.

Final Cut Pro also includes the capability of compressing audiohide0 source information into a time compressed representation.
Ouiektime Pro

Quicktime Pro provides a number of codecs for compressing video and audio.
Apple's Tech Brief on Quicktime 7 states:
QuickTim? 7 Pro allows,you to create crystal-clear video using t 1 sate-of-the-art H.264 ~ vidgo codec. Diveloped by Apple, the implementation of this indusity-sizndard codec in QuickTim includes a set of advanced technologies and patent-pending tecliniques to C E Z ~ E pristine video at IOW rates. Innovative Apple ftlatures include: data

littp:Nima~es.aPple.co1-n/quickrtime/pdf/OuickTime7 Brief V2.pdf. Tech
Quicktime Pro also allows audio/visual files to be compressed in a manner that optimizes the transfer of audio/visual information via downloads, as the following screen shot indicates ("Optimized for
5

3750-VIl1Ol1.0010

Case 3:06-cv-00019-MHP 5,164,839, CIaims 1-3,7,9,15,16,20,44,45,46,76 Burst.com U.S. Patent No. Document 74-7 Filed 12/09/2006 Page 18 of 40 Accused Lnstrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, andlor Quicktime Streaming Server

INfilRINGEMENT

6

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quiclctime Streaming Server
~ ~ ~

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No. Document 74-7 Filed 12/09/2006 Page 19 of 40 5,164,839, Claims 1-3,7,9,15,lI6,20,44,45,46,76

U S PATENT NO. 5,164,839 ..

INFRINGEMENT
QuickTime Pro QuickXmc Pro is an incredibly pa:.lrerful yet easy-to-use application for content creation on fitlac computers and \Vindotus PCr, Loaded with features f r creating professiondo quality content with j u a~few clicks Quicklime P o tvill convert you from movie watcher r PO moviemaker in no rime. For ewything from making quick edits or replacing an audio track, to creating a full HD video or piaying movies in full screen, QuickTime Pro is the perf?ct application for all ofyour media needs.

QuickTime 7 P c for klsc 05 X provides skgfe-click audio and video recording foreasy creation r of video postcards. 30th Mac and Window users can easily creak stunning 3.254 video.

7

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server US.PATENT NO.5,164,839
INFRINGEMENT

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No. Document 74-7 Filed 12/09/2006 20,44,45,46,76 5,164,839, Claims 1-3,7,9, 15y16yPage 20 of 40

storing said time compressed representation of the Final Cut Studio received audiolvideo source Wormation; and Final Cut Studio saves and/or exports the time compressed audio/visual information to a selected destination on the disk. Quicktime Pro Quicktime Pro similarly saves time compressed audio/visual information to a selected destination. QTSS The compressed audio and video content is stored by the Apple server pre-installed with QuickTime Streaming Software. For example. OuickTime Publisher is used to store. transmitting, in said burst time period, the stored QTSS time compressed representation of the received audiohide0 source information to a selected QuickTime Streaming Server Software (either by itself or in conjunction with Apple Webserver Software, i. e., Apache webserver) enables faster than real-time transmission of compressed destination. audiohide0 S O L U C ~information ffxougli Progressive Download (a.k.a. Fast Start). This technology enables audiohide0 source information to be played/viewed before the information is fully downloaded and tlie download time is shorter than the play back time. Claim 2 A method as in claim 1 M i e r comprising the See claim 1 steps of: editing the stored time compressed representation Final Cut Studio of said audiolvideo source information; and Final Cut Studio, including Final Cut Pro and Soundtrack Pro, are designed to provide editing of audio/visual information both on an individual erne basis or on a global basis.

Quicktime Pro
Quicktime Pro provides extensive editing capabilities for content creation on an Apple Computer or

8

Case 3:06-cv-00019-MHP l3urst.com U.S. Patent No. Document 74-7 Filed 12/09/2006 Page 21 of 40 5,164,839, Claims 1-3,7,9,15,16,20,44,45,46,76 Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or

Quicktime Streaming Server

U.S. PATENT NO. 5,164,839
Windows based PC.

INF'IUNGEMENT

storing the edited time compressed representation Final Cut Studio of said audiohide0 source information. Final Cut Studio saves the edited time compressed representation, as indicated in claim 1 Quicktime Pro Quicktime Pro saves the edited audio/visual infomation as indicated in claim 1. CIaim 3 See claim 1. A method as in claim 2 further comprising the Final Cut Studio step of monitoring the stored, time compressed representation of said audiohide0 source Apple computers include displays as a Bask Requirement. The DigitaI Cinema Desktop feature in Final Cut Studio allows multiple Apple displays to be used to synchronize audio with video. information during editing. Also, the Quickview feature may be used to preview sequences stored in RAM. Quicktime Pro Quicktime Pro displays frames for editing purposes.

CIaim 7
A method as in claim 1 wherein the step of storing The system memory in an Apple Computer is semiconductor memory. comprises storing the time compressed representation of said audiohide0 source information in a semiconductor memory. Claim 9

A method as in claim I wherein:

See claim 1.

said audiohide0 source information comprises Final Cut Studio

9

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No.Document 74-7 Filed 12/09/2006 Page 22 of 40 5,164,839, Claims 1-3,7,9, 15, 16,20,44,45,46,76 Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or

Quicktime Streaming Server

US.PATENT NO. 5,164,839
digital audio/video source information;

IENFRINGEMENT Final Cut Pro receives digital video source information, such as Digital Video.
Ouiclrtime Pro Quicktime Pro receives digital video source infomation, such as a Quiclctime Movie format.

said step of compressing comprises compressing said digital audiolvideo source information into a digital time compressed representation thereof having an associated burst time period that is shorter than a time period associated with a rea1 time representation of said digital audiohide0 source information; and

Final Cut Studio See claim 1
Compressor 2 codecs provide a compressed representation of audio/visuaI information with a lower data rate. Final Cut Pro also includes the capability of compressing audiolvideo source information.

Quicktime Pro Quicktime Pro compresses digita1 audio/visualinformation. See claim 1. said step of storing comprises storing said digital The compressed audiohisual hformation may be stored by Fins1 Cut Studio or Quicktime Pro time compressed representation of said digital and/or may be stored by Quicktime Streaming Server. See claim 1. audiohide0 source information.
Claim 15

A method as in claim 9 wherein said audiolvideo Final Cut Studio and Quicktime Pro can receive audiohisual source information fiom another source information comprises information Apple Computer. received from a comauter. Claim 16

A method as in claim 9 wherein said Final Cut Studio audiohide0 source information comprises information received over a fiber optic Final Cut Studio can receive audio/visual information over a fiber optic transmission line, such as Fibre Channel. transmission l i e .
10

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No.Document 74-7 Filed 12/09/2006 20,44,45,46,76 5,164,839, Claims 1-3,7,9,15, 16, Page 23 of 40 Accused InstrumentaIity: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, andlor

Quicktime Streaming Server

US.PATENT NO.5,164,839
~

ZMFRIIYGEMENT

Claim 20

A method as in claim 1 M i e r comprising the See Claim 1. stem of: selectively decompressing the stored time Final Cut Studio compressed representation of said audio/video Final Cut Studio, including Compressor 2, includes codecs that can decompress audio/Visual source information; infbrmation that has been compressed.
Final Cut Pro also decompresses audio/visuaI information. Quicktime Pro Quicktime Pro includes codecs that can decompress audio/visual data that has been compressed. editing the selectively decompressed time Find Cut Studio compressed representation of said audiohide0 Final Cut Pro edits the selectively decompressed audiohide0 source information. source information; and See Final Cut Pro User's Manual Vol. 2, Parts 1 & 2, video and audio editing and mixing. Quicktime Pro Quicktime Pro performs real time editing of decompressed audio/visual source infomation. storing the edited selectively decompressed time Once edited, the audio/visual information is stored by Final Cut Studio and Quicktime Pro using the compressed representation -of said - audiohide0 programs' export feature. source information.
~~ ~ ~~

CIaim 44

A method as in claim 1 further comprising the Final Cut Studio step of recording the stored time compressed representation of said audiohide0 source Pinal Cut Studio records the stored time compressed representation onto a removable recording information onto a removable recording medium. medium using DVD Studio Pro.
11

Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7,9,15,16,20,44,45,46,76 Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server
US.PATENT NO. 5,164,839
INFRINGEMENT Final Cut Pro and QuickTime Pro record the stored time compressed representation onto magnetic tape.

Case 3:06-cv-00019-MHP

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Page 24 of 40

CIaim 45
A method as in claim 2 further comprising tbe Final Cut Studio step of recording the edited time compressed representation of said audiohide0 source Final Cut Studio records the edited time compressed representation onto a removable recording information onto a removable recording medium. medium using DVD Studio Pro.
Final Cut Pro record the stored time comuressed reuresentation onto magnetic taDe.

Claim 46

A method as in claim 45 further comprising the Final Cut Studio and QuickTime Pro permit visually displaying the time compressed representation step of visually displaying the time compressed stored on the removable recording medium. representation of said audio/video source information stored on said removable recording See cIaim 3. medium for selective viewing bv a user.
____ ~_______

Claim 76

A metliod for handling audiohide0 source Final Cut Studio information, the method comprising: Apple's Find Cut Studio is a software product designed to run on an Apple Computer, specifically designed to handle audio/visual source information.
Final Cut Studio includes the following software applications designed to provide a seamless integrated platform for handling audio/visual source information: (1) Final Cut Pro; (2) Soundtrack Pro; (3) Motion; (4) DVD Studio Pro; and (5) Compressor.
Final Cut Pro is also sold as a stand-alone product. Quicktime Pro Apple's Quicktime Pro is a s o h a r e product that runs on an Apple Computer and/or Windows PC,

Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7,9,15,16,20,44,45,46,76 Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or QuicMime Streaming Server
U.S. PATENT NO. 5,164,839

Case 3:06-cv-00019-MHP

Document 74-7

Filed 12/09/2006

Page 25 of 40

INFRXNGEMENT
and which is specifically designed to handle audio/visual source infomation. Apple indicates that Quicktime Pro is part of a suite of Quicktime products, including Quicktime Player, Quicktime Pro, Quicktime Broadcaster, and Quiclctime Streaming Server. Quicktime Streaming Server (OTSSI QTSS handles audiohide0 source information and delivers audio/visual information to clients running Quicktime player. "QuickTime Streaming Software" collectively refers to QuickTime Broadcaster, QuiclTime Streaming Server Publisher and QuiclcTime Streaming Server. Apple's Xserve servers come w t tlie QuiclcTime Streaming Software preinstalled. The Mac OS X ih Server software package includes all of the QuickTime Streaming Software and can be installed on Apple computers.

receiving audiohide0 source information Final Cut Studio comprising a multiplicity of video f i m e s in the form of one or more full motion video programs; Final Cut Studio (including for example, Final Cut Pro) receives a wide variety of audio/visual source information, including video frames in the form of one or more full motion video programs, via a PCI card; a Firewire port; or tape. The following table identifies the Firewire and PCI input ports used to receive audio/visual information:

3750-v1/1[111.0010

13

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quickdime Pro, and/or Quicktime Streaming Server
US. PATENT NO. 5,164,839
Fonnm
OillineRT

Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7,9,15,16,20,44,45,46,76

Case 3:06-cv-00019-MHP

Document 74-7

Filed 12/09/2006

Page 26 of 40

INFRZNGEMENT
Formats supported In Final Ctit Pro 5
Fromcratc
25. Y-97

Dataratc YUV

I0 1

USr!

Variable

41:1

Fa n ii rW
PCI

hllne for DV. R ~ a l 4 m d m m m v e c e fnni DVsource on capture!
Ihllno for ZD. Real.tims down mnvm from SD scum on tapwe.'
to mm?.~ a d n e frorn 29.97 murc~. tg

Z.piO.1~

Vsiiabla

-?1:1

PClor FireWFin
~~

Online fot5lm and HD. U:i! Gnfrna Toolz Offline for W . REtl-'JrnE! doawn conyen D from W source on nnture? D

PU

PCl
23.971.24

OiflineforSD. Real.tirn;! d u w c o n e r t fmm 5 SOU~CE taptufa' 0 on Ofline for film or HD frcrn 29.F 5 n u m

L WEpr 4:l:l D

Fi~\Wrn

N a i k hnaronic AG-DW100 editing
fB.9?6only).

PCI IMX (9 Mbpr]

OfflinE for HD. REzl-;ime down C O n v m from HD zource on capture.' produrn-on. Ingxtand output rnquin losslez: MXF to Quicklime file flip through rhird-parryTelarwm sofiwan IRin4h:acl.

ZS.29.9

7 hlBpr

422

Nat applicabk: lroadcaa n e m and inme GpirodIc

Aiting only

Unccrnpresed 5D 25.2%97

20 M3ps

'22

GrelVire PCI

U- and 1&bit SD onlino and finishing.

B-2nd IC-bit SD online and finishing.

UnccrnprezedHD 23.9ia.24.

z5.19.R 30.50.60

9O-XO FA9p;

-Q2

PCI

0-and 10 bir HD odinf and iinishinp
10. and U-biidualdink 4.44 RG9 for confcming and finishing.

The log and capture screen fkom Final Cut Pro is shown below for receiving audiohisual
3750-v1/101 1.0010

14

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quickkime Pro, and/or Quicktime Streaming Server

Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7,9,15,16,20,44,45,46,76

Case 3:06-cv-00019-MHP

Document 74-7

Filed 12/09/2006

Page 27 of 40

US,PATENT NO.5,164,839
idonnation from tape:

http://ima~es.apple.com/finalcutstudio/Pdf720050621FinalCutPro Product 0verview.pdf.

Quicktime Pro
Quicktime Pro receives audio/visual source information, including video frames in the form of one or more fi.111motion video programs, on a variety of ports on the Apple Computer, including:
Wired or wireless Ethernet device; USB port; FireWire port; Audio line input; Optical digital audio input;

15

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server
_ _

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No.Document 74-7 Filed 12/09/2006 Page 28 of 40 5,164,839, Claims 1-3,7,9,15,16,20,44,45,46,76

U.S. PATENT NO.5,164,839
Built-in microphone; and/or iSight or other built-in camera compressing said received audio/video 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 said received audio/video source information; Find Cut Studio

IhTRINGEMENT

Compressor 2 provides a number of compression techniques (or codec algorithms running on a processor) for cornpressing audio/visual Somation. The Compressor codecs, which are integrated wifh other Apple software applications, can provide a compressed representation of audio/visual infomation with a lower data rate. The Compressor software can identify the format and f i m e rate for particular types of transmissions, including Web Downloading.

Final Cut Pro also includes the capability of compressing audio/video source information into a time compressed representation.
Quicktime Pro Quicktime Pro provides a number of codecs for compressing video and audio. Apple's Tech Brief on Quicktime 7 states:
QuickTim2 7 Pro allows you t o create crystal-clear video using ths state-of-the-art H.263 video codec, Develaped by Apple, the implementation of this indusiry-standard codec in QuickTme includes a s2t of advanced technologies and patent-pending techniques to create prisine video a t low data rates. lnnovative Apple fsatures include:

httP://ima~es.ap~le.com/~uickfime/pdf/OuiclcTime7 Brief VZ.pdf. Tech
Quicktime Pro also allows audio/visual files to be compressed in a manner that optimizes the transfer of audio/visuaI information via downloads, as the following screen shot indicates ("Optimized for Download"):

16

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No.Document 74-7 Filed 12/09/2006 Page 29 of 40 5,164,839, Claims 1-3,7,9, 15, 16, 20,44,45,46,76 Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, andlor

Quicktime Streaming Server

U.S. PATENT NO. 5,164,839

INFRINGEMENT
QuickTirne Pro QuickZmePro is an incredibly powerful ye; easy-to-use application for content crea1ion on Mar computers and Windows PCr, Loaded with features for creating proi~ssionalquality content with jud a few clicks, QuickTime Pro wilt convert you from movie watcher to rnoviemaker in no lime. For everything from making quick edits or replacing an audio track, to treadng a full HD video or playing movies in full screen, QuickTime Pro is the perf& application for all of your media needs.

QuickTime i Prc for khc 0 X provides single-click audio and video recording for easy creation 5 of video postcsrds. Boih h?racand Wndowr; users can easily rreatt stunning i . 6 video. i11

17

Accused Instrumentality: One or More Apple Computers Executing Final Cut Studio, Quicktime Pro, and/or Quicktime Streaming Server
U.S. PATENT NO. 5,164,839

Case 3:06-cv-00019-MHP Burst.com U.S. Patent No.Document 74-7 Filed 12/09/200616, Page 30 of 40 5,164,839, CIaims 1-3,7,9,15, 20,44,45,46,76

INFRINGEMENT

storing the time cornpressed representation of said Final Cut Studio received audiohdeo source information on one or Final Cut Studio saves andor exports the time compressed audio/visual information to a selected more magnetic disks; and destination onto disk. Ouicktime Pro Quicktime Pro similarly saves time compressed audio/visual information to a selected destination.
QTSS

The compressed audio and video content is stored by the Apple server pre-installed with QuickTime Streaming S o h a r e . For exarm.de. OuickTime Publisher is used to store. transmitting, in said burst time period, the stored QTSS time compressed representation of said received n audiohide0 source information to a selected QuickTime Streaming Server Software (either by itself or i conjunction with Apple Webserver Software, i.e, Apache Webserver) enables faster than real-time transmission of compressed destination. audiohide0 source information through Progressive Download (a.k.a. Fast Start). This technology enables audiohide0 source information to be playedhiewed before the information is fully downloaded and the download time is shorter thm the play back time.

18

Case 3:06-cv-00019-MHP

Accused Instrumentality: One or More Apple Computers Executing FinaI Cut Studio, Quiclctime Pro, and/or Quicktime Streaming Server

Document 74-7 Filed 12/09/2006 Page Burst.com U.S. Patent No. 5,995,705, Claims 12 & 13 31 of 40

~

~

~

~~

-

US.PATENT NO. 5,995,705
Claim 12

ELEMENTS I ACCUSED INSTRUMENTALITY N

A method for handling audiohide0 source infomation, the Final Cut Studio Apple's Final Cut Studio is a software product designed to r n on an Apple Computer, u method comprising the steps of: specifically designed to handle audio/visual source information. Final Cut Studio includes the following software applications designed to provide a seamless integrated platform for handling audidvisual source information: (1) Final Cut Pro; (2) Soundtrack Pro; (3) Motion; (4) DVD Studio Pro; and (5) Compressor.
Ouicktime Pro Apple's Quicktime Pro is a software product that runs on an Apple Computer and/or Windows PC, and which is specifically designed to handle audidvisual source information. Apple's Quicktime Pro is part of a suite of Quicktime products, including Quicktime Player, Quicktime Pro, Quicktime Broadcaster, and Quicktime Streaming Server. These charts apply to Quicktime Pro versions 5 , 6 or 7. Quicktime Streaming Server IQTSS) QTSS handles audiohide0 source information and delivers audio/visual information to clients running Quicktime player. "QuickTime Streaming Software" collectively refers to QuickTime Broadcaster, QuickTime Streaming Server Publisher and QuickTime Streaming Server.

ih Apple's Xserve servers come wt the QuickTime Streaming Software preinstalled. The Mac OS X Server soRware package includes all of the QUiclcTime Streaming Software and can be installed on Apple computers. receiving audio/video source information, said audio/video Final Cut Studio source information comprising a multiplicity of video frames collectively constituting at least one h l l motion Final Cut Studio (including for example, Final Cut Pro) receives a wide variety of audio/visual source information via a PCI card; a Firewire port; or tape. video program;
3751.Ol/I 01 I-0010

EXHIBIT D

Case 3:06-cv-00019-MHP I72fi.ingeriierzt Chartfor FiledPaterzt Document 74-7 '705 12/09/2006

Page 32 of 40

U.S. PATENT NO.5,995,705

ELEMENTS IN ACCUSED INSTRUMENTALITY The foIlowing table identifies the FireWire and PCI input ports used audio/visual information:
Formats supported in Final Cut Pro 5
Formst

to receive

Framcrare
25.2G7

Oatamtc YUV

10 1

usc
O;Tlline for DY. Real-the down mnveri fmm DV Source an capture.'
O;ilineforSD. Reabtimt down c o n m from 5D snum an capture' Oiiline for5lrn and HD.USPCinErnaToof: to reverse te!ecine from 29.9 zource. Online for HD. Re+Ilmn d o m converr from HD suurce on ~ p t u m . '
h'ative DVed~ttop

(MlinMT

Variabls

k1:l

FireWr?

PCI
23.976.24 Variable
+1:1

PCI or

FinWire
PCI

DV. DVCAtvi

3.2997

36 M9ps 2:kl .

FiWfire

2nd DVCPRO PCI 3.976.25
OfilineforCD.Real4rr.i dawn canert fmn SD SCIUCEan caprure.

L h18ps .?>:I O

Finif+5re

OXIino for film or HD frcrn 337 sour= Wa:ive Frnxonic At-DYX100 ediiing
13.976 only).

P a
I>& Mljps) EO

Onlioo for HD. ilfrl.iirno down conslt fram HD source on capture.'

Z 2q.V .

7 MEps

222

Not applicable; Eroadcaa ne;-& and Sam? episodic productionlngnA and o u p u t rgquip editing only

Ioztms IJXF 10 QuickTim@fils fiip th:ough third-pariyTeleriwarn sfrtvan Flip-lXac).
DVCPRO 50
zS.2Q.p 23.976.24
UnccrnprssjedSD 25.2W7

7 MBps
5 7M3p: .

322

Fir?\Vire

Kative DVCPAO 50 editins. h'ativs PmaionicGJ-SDXW rdth - ii 13.976 only).

322
2-22

Fir.A'.'ire
Fin\Wre

20 M3ps

Pa
HW DVCPRO HD
25.ZQ.R 3Op 36 lvl~ps .
Z.Qc.24.
52-15
LLil

SD online and finishing. 0- and 1U-bit SD Dnline and finishing.
0- end IC-bir

fint'firz

Native HDV editing #ong GOP hlPfG.21. Native DYCPRO HD editing. No; 311, li0 d3'dCf5 s u p p a all fcmatz ar;d frame Tatss.
~

292

FinWrt

3.2g.V.
30.50.60

RBps
911-130 hfsps
z.22

UnccmprGruld HD 3.Qia. 24. 25.29.%?
30.5~160

PCI

0- and 10-bit HD online end Enirhinp IO- and Il-Mr dual link 4.4 f RG3 for confuming and finlrhlng.

3751-vl/I 011.001 0

2

Case 3:06-cv-00019-MHP lirfi*ingertientChartfor.FiledPatent Document 74-7 `705 12/09/2006

Page 33 of 40
~

U.S. PATENT NO. 5,995,705

ELEMENTS I N ACCUSED INSTRUMENTALITY The log and capture screen fiom Final Cut Pro is sliown below for receiving audiohisual information .fromtape:
I

littp://ima~es.ap~1e.com/finalcutstudio/pdf/20050621 FinalCutPro Produ
Quicktime Pro

verview.pdf.

Quicktime Pro receives audio/visual source information, including video c a constituting a fill motion video program, on a variety of ports on the App c including:

Wired or wireless Ethernet device; USB port; Firewire port; Audio line input; Optical digital audio input;
3751-vI11011.0010

3

Case 3:06-cv-00019-MHP fifi*iiigeiiietttC1ictr.tfor.FiledPatent Document 74-7 `705 12/09/2006

Page 34 of 40

US.PATENT NO.5,995,705

ELEMENTS IN ACCUSED INSTRUMENTALITY
Built-in microphone and/or

1
~

Sight or other built-in camera.
compressing the received audio/video source infarmation 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;

I

Final Cut Studio
Compressor 2 provides a number of compression techniques (or codec algor on a processor) for compressing audio/visual information. The Compressor which are integrated wt other Apple software applications, can provide a cc ih , representation of audio/visual information with a lower data rate.
I

ns running

lecs, )ressed

The Compressor s o h a r e can identify the format and frame rate for partibul transmissions, including Web Downloading.

ypes of

Final Cut Pro also includes the capability of compressing audiohide0 sourc~ formation into a time compressed representation. i

Quicktime Pro Quicktime Pro provides a number of codecs for compressing video and abdi
!

Apple's Tech Brief on Quicktime 7 states:
QuickTim9 7 Pro alforvs you to create crystal-dearvideo using ths date-of-ihs-art t video codec. Developed by Apple, the implemenation of this indusiry-standard /co in QuickXme include; a set of advanced txhnotogies and patent-pending techniql to usate pristine video at low data r a t a . Innovative Apple f2atures include: I
4

,
1

http://images.ap~le.com/quicktiine/pdf/0uickTime7 Brief V2.pdf. Tech

QuicMime Pro also allows audiolvisual files to be compressed in a m m e r the transfer of audio/visual information via downloads, as ffie follo&d indicates ("Optimized for Download"): ,

t optimizes creen shot

4

Case 3:06-cv-00019-MHP

Document 74-7 lifiingemerit Chartfor FiledPatent '705 12/09/2006

Page 35 of 40

U.S. PATENT NO.5,995,705

ELEMENT§ IN ACCUSED INSTRUMXNTALITY j QuickTirne Pro 1 QuickFrne Pro is an incredibly powerful yet easy-io-use application f5r content rearion on Mac computers and Windows P G ,Loadsd with r'eijtures for crearing pro+ mal-

quality cuntent with jwt a few cticks, QuickTim2 P o will convert you from r watcher I to moviemaker in no time. For everytliiiq from making quick edits or replacing in audio trxk, to creacing a full HD video or playing movies in full screen, QuickTmeiPn itie i perfect application for all of your media needs.

mpi

ii

!

" -

QuickTimit 7 Fro for hiac 05 X provides singIecliclc audio and video recording ;tor mj'CI ation of video postcards. Borh hslx and CSindows users can easily create stunning !-I253video

storing the digital time compressed representation of said Final Cut Studio audiohide0 source information; and
3751-v1/1011.0010

5

Case 3:06-cv-00019-MHP lizfi.ingemetzt Chartfor. `705 Patent Document 74-7 Filed 12/09/2006

Page 36 of 40

!

i

1

U S PATENT NO. 5,995,705 ..

ELEMENTS IN ACCUSED INSTRUMENTALITY Ii Find Cut Studio saves and/or exports the time compressed audio/visual Lfohation to a selected destination on the disk. Final Cut includes Media Manager that I :r&ts editors to I store audio/visual information: !
Quicktime Pro
! I I

Quicktime Pro similarly saves time compressed audiolvisual informatio1 to !selected i I destination.

The compressed audio and video content is stored by the Apple server prt inskalled with QuickTime Streaming Sofware. For exampIe, QuickTime Publisher is u :d 40 store. transmitting, in said burst transmission time period, the QTSS stored digital time compressed representation of said QuickTime Streaming Server Software (either by itself or i conjuncl in /with Apple n audiohide0 source information to a selected destination. Webserver Software, Le., Apache Websewer) enables faster than real& .e tmm-nission of compressed audio/video source idormation, which transmission 5 Substantially shorter than the real time viewing period by Progressive Download (a .a.l Fast Start). This technology enables audiohideo source information to be played/vi wed before the information is fully downloaded and the download time is shorter &a t l l e play back time.
~

Claim 13

The me&od ofclaim 12,further comprising the steps of:

See claim 1

editing the stored time compressed representation of said Final Cut Studio 1 audiohide0 source information; and Final Cut Studio, including Final Cut Pro and Soundtrack Pro, are d i d e d to provide c editing of audio/visual information both on an individual frame basis or c a global basis. Quicktime Pro Quicktime Pro provides extensive editing capabilities for content creatic on an Apple I Computer or Windows based PC. I
3751-vl/1011.0010

6

Case 3:06-cv-00019-MHP btfi.irigenzeizt ChartforFiled Patent Document 74-7 `70512/09/2006

Page 37 of 40

ELEMENTS I ACCUSED INSTRUMENTALITY N U.S. PATENT NO. 5,995,705 storing the edited time compressed representation of said Final Cut Studio audiohideo source information. Final Cut Studio saves the edited time compressed representation, as ind
12.

I in claim d

Quicktime Pro

Quicktime Pro saves the edited audiolvisual information as indicated in {

112.

3751-VI110 I 1.001 0

7

Case 3:06-cv-00019-MHP

Document 74-7

Filed 12/09/2006

Page 38 of 40

EXHIBIT E

Case 3:06-cv-00019-MHP

Document 74-7

Burst.com U.S. Patent No. 4,963,995, Claims I, 2,3,7,8,9,16,20-28 and 80 Accused Instrumentality: Apple Computer with iMovie HD Installed
U.S. PATENT NO.4,963,995

Filed EXHIBIT E 12/09/2006

Page 39 of 40

INFRINGEMENT

...~ .... .....
..... ..... ...,. ....
I

,.,,.. ..... .....

A n audio/video transceiver apparatus comprising:

Apparatus is an Apple Computer with iMovie HD software installed.

input means for receiving audio/visual source One or more of the following components in an Apple Computer with iMovie 1 D ;oftware installed (which components receive audio/visual source information): information; Optical and/or analog audio line in; Firewire port; Built-in isight; and/or Built-in microphone.

compression means, coupled to said input means, for compressing said audiolvideo 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 audio/video source infomation;

Central processing unit i Apple Computer w t iMovie HD software installed VI :h n ih compresses the audio/video source information into a time compressed represei at h (e.g., n in NPEG-1, MPEG-2, or MPEG-4 format) that has a time period shorter than r 11 me playback),

-

random access storage means, coupled to said Hard drive andor other system memory in Apple computer with movie HD sa s% -e compression means, for storing the time installed (which random access storage stores the time compressed representati compressed representation of said audiolvideo
EXHIBIT E TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS

1

Case 3:06-cv-00019-MHP

Burst.com U.S. Patent No. 4,963,995, CIaims 1,2,3,7,8,9,16,20-28 and 80 Accused InstrumentaIity: Apple Computer with iMovie 3RD Installed

Document 74-7 E EXEIIBIT Filed 12/09/2006

Page 40 of 40

\ ( source information; and output means, coupled to said random access One or more of the following components which receive audio/visual source infor&ation t h storage means, for receiving the time compressed stored in random access storage or transmission away in an Apple Computer 6 h o v i e audiohide0 source information stored in said WD software installed: i ! ji random access storage means for transmission Wired or wireless Ethernet device (via installed iWeb software); j j away from said audiohideo transceiver apparatus.
i t

I
:
:

!
i

:

!

!

I
!

j
j

USB port.

An audiohide0 transceiver apparatus as in claim 1 further comprising editing means, coupled to said Central processing unit and other hardware in Apple Computer with M o v i e @ installed random access storage means, for editing the time (which edits the time compressed representation of audio/video source information \and / compressed representation of said audiohide0 restores the edited time compressed representation in memory) source information stored in said random access storage means and for restoring the edited time compressed representation of said audiohide0 source information in said random access storage means;
, I

I

and wherein said output means is operative for See Claim 1 (the identified output means receives the edited time compressed receiving the edited time compressed representation stored in memory for transmission away). representation of said audiohide0 source information stored in said random access storage means for transmission away fiom said audiohideo transceiver apparatus.

1

II
I

EXHIBIT E TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELZMINARY INFRINGEMXNT CONTENTIONS