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)

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Case 3:06-cv-00019-MHP Burst.com U.S. Patent No. 4,963,995, CIaims 1,2,3,7,8,9,16,17,22,25,28 and 80 Accused lnstrumentality: Apple Computer with GarageBand Installed Document 74-9 f Filed 12/09/2006 EXHIBIT Page 1 of 40 An audiohideo transceiver apparatus as in claim 8 further comprising decompression means, coupled to said random access storage means, for selectively decompressing the digital time compressed representation of said corresponding digital audiohide0 source information stored in said random access storage means; and See Claim 1 (previously identified decompression means selectively decompresses the stored digital time compressed representation of audio source information). monitor means for enabling the user to selectively view the decompressed digital time compressed representation of said corresponding digital audiohide0 source Mormation during editing. See Claim 3 (previously identified monitor means enables selective viewing of time compressed representation of audio/video source information). An audio/video transceiver apparatus as in claim 9 further comprising: decompression means, coupled to said random access storage means, for selectively decompressing the digital time compressed See Claim 25. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRLNGEMENT CONTENTIONS k 8 Dockets.Justia.com Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 4,963,995, Claims 1,2,3,7,8,9,16,17,22,25,28 and 80 Accused Instrumentality: Apple Computer with GarageBand Installed representation of said digital audio/video source information stored in said random access memory means; and EXHIBIT f Filed 12/09/2006 Page 2 of 40 monitor means, coupled to said decompression means, for enabling the user to selectively view the decompressed digital time compressed representation of said digital audiohide0 source information. See Claim 25 (the previously identified monitor means is connected with the previously identified decompression means). ... A n audiohide0 transceiver apparatus as in claim 1 See C a m 2. li 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 infomation in said random access storaEe means. EXKfBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 9 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28,44, 45, 48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer EXHIBIT P Filed 12/09/2006 Page 3 of 40 A method for handling audiohide0 source information, tlie method comprising: receiving audiohide0 source information Method performed by GarageBand Software running on an Apple Computer. GarageBand software receives audiohide0 source information via one or more of the following components of the Apple Computer: USB port; Optical andlor analog audio line in; Firewire port; and/or Built-in microphone. compressing the received audio/video GarageBand software compresses the audio/video source information into a time compressed representation (e.g.,i MPEG-4 and/or AAC format) that has a time period n source information into a time compressed representation thereof having shorter than real time playback. 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; EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 1 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3y7-9,16, 17, 22,28,44,45,48-50, 5Iy52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on GarageBand software stores the time compressed representation in system memory or to storing said time compressed representation of the received audiohide0 hard disk. source information; and transmitting, in said burst time period, the GarageBand s o h a r e transmits the stored time compressed representation in a burst time stored time compressed representation of period shorter than real time playback to a selected destination via one or more of the following components of an Apple Computer: the received audiohideo source information to a selected destination. Wired or wireless Ethernet device (via installed iWeb software); and/or USB port (via installed iTunes software). . .. .. . ... EXHIBIT F Filed 12/09/2006 Page 4 of 40 . ... . . .. A method as in claim 1 fixther comprising the steps of editing the stored time compressed representation of said audiohide0 source information; and storing the edited time compressed representation of said audiohide0 source information. GarageBand editing features edit the time compressed representation of audiohide0 source infomation. See Claim 1 (storing functionality is implemented for edited time compressed information). EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRlNGEMENT CONTENTIONS 2 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer EXHI-BXT E' Filed 12/09/2006 Page 5 of 40 A method as in claim 2 further comprising fhe step of monitoring tlie stored, time compressed representation of said audiohide0 source information during editing. GarageBand software interface displays stored time compressed representation of audiohide0 source infomation for monitoring during editing. A method as in claim 1wherein the step of storing comprises storing the time compressed representation of said audio/video source information in a semiconductor memory. See Claim 1 (the identified system memory is a semiconductor memory). A method as in claim 1 wherein: EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAMS & PRELIMINARY INFRINGEMENT CONTENTIONS 3 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer said audiohide0 source information comprises analog audiohide0 source information; said method further comprises the step of converting said analog audiohide0 source information to corresponding digital audiohide0 source information; said step of compressing comprises compressing said corresponding digital audiohide0 source information into a digital time compressed representation thereof having an associated burst time period that is shorter than a time period associated wt a real time representation ih of said digital audiohide0 source information; and See Claim 1 (analog audio source information is received fkom the identified analog audio line in and/or built-in microphone input means). EXHIBIT IF Filed 12/09/2006 Page 6 of 40 Analog-to-digital circuitry in Apple Computer running GarageBand converts analog audio source information received via analog audio line in andor internal microphone into digital audio source infomation. See Claim 1 (compression functionality is implemented for compression of digital audio source information). said step of storing comprises storing said See Claim 1 (storing hctionality is implemented for digital time compressed digital time compressed representation of representation of digital audio source information). said corresponding digital audiohide0 source information. EXHZBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 4 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer .. EXHIBIT P Filed 12/09/2006 Page 7 of 40 A method as in cIaim 1 wherein: said audiohide0 source information comprises digital audiohide0 source information; See Claim I (digital audiohide0 source information is received fkom the identified SuperDrive, Combo Drive, or other CD and/or DVD drive; wired or wireless Ethernet device; internal or external modem device; USB port; optical audio line in; and/or FireWire port). See Claim 8. 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 real time representation of said digital audiohideo source Wormation; and said step of storing comprises storing said See Claim 8. digital time compressed representation of said digital audiohide0 source information. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 5 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer EXHIBIT F Filed 12/09/2006 Page 8 of 40 A method as in claim 9 wherein said audiohideo source information comprises information received over a fiber optic transmission line. GarageBand s o h a r e receives digital audio S O U T C ~information via optical audio in. A method for handling audio/video source information, the method comprising: receiving audiohide0 source information as a time compressed representation thereof, said time compressed representation of said audio/video source informationbeing 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 perfarmed by GarageBand Software running on an Apple Computer. GarageBand software receives time compressed representations of audio/video source information in burst time period via one or more of tlie following components of the Apple Computer: I SuperDrive, Combo drive, or other CD and/or DVD drive; Wired or wireless Ethernet device; USB part; and/or FireWire port. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS &PRELIMINARY INFRINGEMENT CONTENTIONS 6 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3,744 16, 17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer storing the time compressed representation of said received audiohideo source infomation; and See Claim 1. EXIXIBIT F Filed 12/09/2006 Page 9 of 40 transmitting, in said burst time period, the See Claim 1. stored time compressed representation of said received audiohide0 source information to a selected destination. .. . 1% . ... .-. -, _... . . A method as in claim 1 hrther comprising the steps of: selectively decompressingthe stored time GarageBand software selectively decompresses the stored time compressed compressed representation of said representation for editing. audio/video source information; editing the selectively decompressed time compressed representation of said audiohide0 source information; and See Claim 2 (editing functionality is implemented for selectively decompressed time compressed representation of audiohide0 source information). EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFIUNGEMENTCONTENTIONS 7 Case 3:06-cv-00019-MHP Document 74-9 Burst.com US. Patent No. 5,164,839, Claims 1-3,7-9,16,17,22,28,44,45,48-50,51,52, and 76. EXHIBIT F Filed 12/09/2006 Page 10 of 40 Accused Instrumentality: Method Performed by GarageBand Software Running on ADDk ComDuter ~~ ~~ storing the edited selectively decompressed time compressed representation of said audiohide0 source information. See Claim 1 (storing functionality is implemented for edited selectively decompressed time compressed representation of audiohide0 source information). .. . . . .. . . .. . .. . . A method as in claim 1 further comprising the steps of: selectively decompressing the stored time See Claim 20. compressed representation of said audiohide0 source information; editing the selectively decompressed time See Claim 20. compressed representation of said audiohide0 source information; and recompressing the edited selectively decompressed time compressed representation of said audiohide0 source information; and See Claim 1 (compression functionality is implemented for recompression of edited selectively decompressed digital audiohide0 source information). EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAMS & PRELIMINARY INFRINGEMENT CONTENTfONS Case 3:06-cv-00019-MHP Document 74-9 1Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7-9,16, 17y22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer storing the recompressed edited selectively decompressed time compressed representation of said audiohdeo source information. See CIaim 1 (storing functionality is implemented for edited selectively decompressed audio/video source information). EXHXBIT P Filed 12/09/2006 Page 11 of 40 A method as i claim 1 further n comprising the steps of: selectively decompressingthe stored time See Claim 21. compressed representation of said audiohide0 source information; and visually displaying the selectively decompressed time compressed representation of said audiohide0 source information for viewing by a user. GarageBand software interface displays the selectively decompressed time compressed representation for viewing by the user. ... . A method as in claim 8 further comprising the steps of: EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELiMINARY INFRINGEMENTCONTENTIONS 9 EXX3UBIT F Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7-9, 16, 17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer selectively decompressingthe stored digital time compressed representation of said corresponding digital audiohide0 source information; editing the selectively decompressed digital time compressed representation of said corresponding digital audiohide0 source idormation; and storing the edited selectively decompressed time compressed representation of said audiohide0 source information. .. . . ... Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 12 of 40 See Claim 20 (selective decompression fi~nctionality implemented for digital time is compressed representation of audio/video source information). See Claim 20 (editing functionality is implemented for selectively decompressed digital time compressed representation of audiohide0 source information). See Claim 20. A method as in claim 9 M e r comprising tbe steps of: selectively decompressingthe stored digital time compressed representation of said corresponding digitaI audiohide0 source information; See Claim 23. EXHlBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRJNGEMENT CONTENTIONS 10 Case 3:06-cv-00019-MHP Document 74-9 l3urst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on ADD^ ComDuter editing the selectively decompressed digital time compressed representation of said corresponding digital audiohideo source information; and ~ ~ ~~ ~ E m I TF Filed 12/09/2006 Page 13 of 40 See Claim 23. storing the edited selectively decompressed time compressed representation of said audiohide0 source information. , See Claim 23. . .... . .... . . See Claim 22 (display hctionality is implemented for displaying a selectively A method as in claim 26 firher comprising the step of visually displaying decompressed digital time compressed representation of digital audiohide0 source the selectively decompressed digital time information for selective viewing during editing). compressed representation of said digital audiolvideo source information for selective viewing by a user during editing. A mefhod as in claim 9 M l i e r comprising the steps of: EXNIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS c PRELIMINARY INFRINGEMENT CONTENTIONS k ! 11 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on A D D k COmDUter selectively decompressing the stored digital time compressed representation of said digital audiohideo source information; and visually displaying the selectively decompressed digital time compressed representation of said digital audio/video source information for selective viewing by a user. See Claim 23. EXHIBIT F Filed 12/09/2006 Page 14 of 40 See Claim 22 (display functionality is implemented for displaying a selectively decompressed digital time compressed representation of digitd audiohide0 source information for selective viewing) A method as in cIaim 1 further comprising the step of recording the stored time compressed representation of said audio/video source information onto a removable recording medium. GarageBand software invokes iDVD software to record the stored time compressed representation onto a DVlXR or DVDARW by using the computer's Combo Drive or external DVD drive with writing capability. A method as in claim 2 Eurther comprising the step of EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAlMS & PRELIMINARY INFRINGEMENT CONTENTIONS 12 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on EXHIBIT F Filed 12/09/2006 Page 15 of 40 Apple Computer recording the edited time compressed representation of said audiohide0 source Fnformation onto a removable recording medium. See Claim 44 (recording Eunctionality is implemented for edited time compressed representation of audiohide0 source information). A method as in claim 20 M e r comprising the step of recording the edited decompressed time compressed representation of said audiolvideo source information onto a removable recording medium. See Claim 45. A method as in claim 1 further comprising the steps of: selectively decompressingthe stored time See Claim 22. compressed representation of said audiohide0 source information; and EXHlBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 13 Case 3:06-cv-00019-MHP Document 74-9 1Burst.com US. Patent No. 5,164,839, Claims 1-3,7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer recording the selectively decompressed time compressed representation of said audiolvideo source information onto a removable recording medium. See Claim 44 (recording functionalityis implemented for selectively decompressed time compressed representation of audiolvideo source information). EXHIBIT F Filed 12/09/2006 Page 16 of 40 A method as in claim 22 further comprising the steps of: recording the selectively decompressed time compressed representation of said audiohide0 source information onto a removable recording medium; and visually displaying the selectively decompressed time compressed representation of said audiolvideo source idormation for viewing by a user. See Claim 49. See CIaim 22. A method as in claim 9 wherein EXHLBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 14 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3, 7-9,16,17,22,28, 44,45,48-50, 51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Softvvare Running on Apple Computer said digital audio/video source information is received ftom a CD-ROM. EXHlCBIT F Filed 12/09/2006 Page 17 of 40 See Claim I (identified SuperDrive, Combo Drive, or other CD and/or DVD drive receives audio/video source information &om a CD-ROM) A method as in claim 9 wherein said digital audiohide0 source information is received fkom an erasable optical disk. See Claim 1 (identified SuperDrive, Combo Drive, or other CD and/or DVD drive receives digital audiohide0 source information fkom a CD-RW or DVDhRW). A method as in claim 1 further comprising the steps of: selectively decompressingthe stored time See Claim 22. compressed representation of said audiohide0 source information; and recording the selectively decompressed stored time compressed representation of said audiohide0 source information onto a magnetic storage medium. GarageBand software records the selectively decompressed stored time compressed representation onto a magnetic tape i a camcorder connected to an Apple Computer via n Firewire. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAMS & P R E L W A R Y INFRINGEMENT CONTENTIONS 15 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer EJLHJIBIT F Filed 12/09/2006 Page 18 of 40 A method as in claim 22 W h e r comprising The step of recording the selectively decompressed time compressed representation of said audiohide0 source information onto a magnetic recording medium. See Claim 58. A method for liandhg audiohide0 source information, ffie method comprising: See Claim 1. receiving audiohide0 source information GarageBand software receives audiohideo source information comprising a multiplicity comprising a multiplicity of video frames of video frames in the form of one or more full motion video programs via the Firewire in the fonn of one or more full motion port of the Apple Computer. video programs; EXHlBlT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELTMINAR.Y INFRINGEMENT CONTENTIONS 16 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,164,839, Claims 1-3?7-9,16,17,22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Software Running on Apple Computer compressing said received audiohide0 See Claim 1. source information into a time compressed representation thereof having a associated burst time period that is n shorter than a time period associated with a real time representation of said received audiohide0 source information; storing the time compressed representation of said received audiohide0 source information; and transmitting, over a microwave channel, EXHIBIT F Filed 12/09/2006 Page 19 of 40 See Claim 1. in said burst time period, the stored time compressed representation of said received audiohdeo source information to a selected destination. See Claim 1 (the identified wireless Ethernet connection constitutes a microwave channel). A method for handling audiohide0 source information, the method comprising: See Claim 1. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 17 EXHIBIT IF Burst.com U.S. Patent No. 5,164,839, Claims 1-3,7-9,16,17, 22,28,44,45,48-50,51,52, and 76. Accused Instrumentality: Method Performed by GarageBand Softvvare Running on Apple Computer receiving audiohdeo source information comprising a multiplicity of video frames in tlie form of one or more fill motion video programs; compressing said received audiohideo source information into a time compressed representation thereof having an associated burst time period that is shorter than a time period associated w t ih a real time representation of said received audiohide0 source information; storing the time compressed representation of said received audiohide0 source information on one or more magnetic disks; and Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 20 of 40 See C a m 73. li See Claim 1 (the identified hard disk is a magnetic disk). - transmitting, in said burst time period, the See Claim 1. stored time compressed digital representation of said received audiohide0 source information to a selected destination. EXHIBIT I TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS : 18 Case 3:06-cv-00019-MHP Document 74-9 Accused Instrumentafity: AppIe Computer with GarageBand InstalIed and Method Performed by GarageBand Software Running on Apple Computer Burst.com U.S. Patent No. 5,995,705, Claims 1-3,12,13. EXHIBIT F Filed 12/09/2006 Page 21 of 40 An audiohide0 transceiver apparatus comprising: input means for receiving audio/video source infomation, said audio/video source information comprising a multiplicity of video frames collectively representing at least one full motion video program; Apparatus is an Apple Computer with GarageBand software installed. One or more of the following components in an Apple Computer with GarageBand software installed (which components receive audio/visual source information comprising a multiplicity of video frames collectivelyrepresenting at least one fill motion video program): USB port; Optical and/or analog audio line i ; n Firewire port; and/or Built-in microphone. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELJMUUJXY INFRINGEMENT CONTENTIONS 1 Case 3:06-cv-00019-MHP Document 74-9 Accused Instrumentality: Apple Computer with Garagesand Installed and Method Performed by GarageBand Software Running on Apple Computer Burst.com U.S. Patent No. 5,995,705, Claims 1-3,12,13. EXEIBIT F Filed 12/09/2006 Page 22 of 40 compression means, coupled to said input means, for compressing said audio/video source information into a digital time compressed representation thereof, wherein said digital time compressed representation of said audiohide0 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; storage means, coupled to said compression means, for storing said digital time compressed representation of said audio/video source information; and Central processing unit in Apple Computer with GarageBand software installed (which compresses the audio/video source information into a time compressed representation (e.g.,in MPEG-4 and/or AAC format) that has a time period substantially shorter than real time playback). Hard drive and/or other system memory in Apple computer with GarageBand s o h a r e installed (which random access storage stores the time compressed representation). EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY TNFRLNGEMENT CONTENTIONS 2 Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 23 of 40 Burst.com U.S. Patent No. 5,995,705, Claims 1-3, 12,13. EXHIBIT F Accused Instrumentality: Apple Computer with GarageBand Installed and Method Performed by GarageBand Software Running on Apple Computer One or more of the following components which receive audio/visual source information transmission means, coupled to said stored in random access storage for transmission away in an Apple Computer with storage means, for transmitting said GarageBand sofhare installed: digital time compressed representation of said audiohideo source information away Wired or wireless Ethernet device (via installed iWeb software); and/or from said audio/video transceiver apparatus in said burst transmission time USB port (via installed iTunes software). period. The audio/video transceiver apparatus of Central processing Unit and other hardware in Apple Computer with GarageBand claim 1, further comprising editing installed (which edits the time compressed representation of audiohide0 source means, coupled to said storage means, for information and restores the edited time compressed representation in memory). editing the digital time compressed representation of said audio/video source information stored in said storage means and for storing the edited digital time compressed representation of said audiohide0 source infomation in said storage means. .. .... EXMBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAMS & PRELIMINARY INFRINGEMENT CONTENTIONS 3 EXHIBIT I? Burst.com U.S. Patent No. 5,995,705, Claims 1-3,12,13. Accused Instrumentality: Apple Computer with GarageBand Installed and Method Performed by GarageBand Software Running on Apple Computer Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 24 of 40 time compressed representation of said audiohide0 source information and to transmit the edited digital time compressed representation of said audiohide0 source intormation away fiom said audiohideo transceiver apparatus in said burst transmission time neriad. A method for handling audiohdeo source information, the method cornmising.the stem of: Method performed by GarageBand Software running on an Apple Computer. EXHIJ3IT I TO BURST'S DISCLOSURE OF ASSERTED C L A M S & PRELTMTNARY INFRINGEMENT CONTENTIONS : 4 Case 3:06-cv-00019-MHP Document 74-9 Accused Instrumentality: Apple Computer with GarageBand Installed and Method Performed by GarageBand Software Running on Apple Computer receiving audiohide0 source information, GarageBand software receives audiohide0 source information comprising a multiplicity said audiohide0 source information of video frames collectively representing at least one full motion video program via one comprising a multiplicity of video frames or more of the following components of an Apple Computer: collectively constituting at least one fill motion video program; USB port; Optical andor analog audio line in; Firewire port; and/or Built-in microphone. compressing the received audiohide0 source 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; storing the digital time compressed representation of said audio/video source information: and GarageBand s o h a r e compresses the audiohide0 source information into a time cornpressed representation (e.g., i MPEG-4 and/or AAC format) that has a time period n substantially shorter than real time playback. Burst.com U.S. Patent No. 5,995,705, Claims 1-3,12,13. EXHIBIT P Filed 12/09/2006 Page 25 of 40 GarageBand s o h a r e stores the time compressed representation in system memory or to hard disk. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRINGEMENT CONTENTIONS 5 Case 3:06-cv-00019-MHP Document 74-9 Accused Instrumentality: Apple Computer with GarageBand Installed and Method Performed by GarageBand Software Running on Apple Computer transmitting, in said burst transmission time period, the stored digital time compressed representation of said audiohide0 source infomation to a selected destination GarageBand software transmits the stored time compressed representation in a burst time period substantially shorter than real time playback to a selected destination via one or more of the following components of an Apple Computer: Wired or wireless Ethernet device (via installed iWeb software); and/or Burstkom U S . Patent No. 5,995,705, Claims 1-3, 12,13. EXHIBIT F Filed 12/09/2006 Page 26 of 40 USB port (via installed iTunes sohare). The method of claim 12, further comprising the steps of: editing the stored time compressed representation of said audiohide0 source information; and storing the edited time compressed representation of said audiohide0 source information. GarageBand editing features edit the time compressed representation of audiohide0 source information. See Claim 12 (storing functionality is implemented for edited time compressed information). EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELIMINARY INFRllVGEMENT CONTENTIONS 6 Case 3:06-cv-00019-MHP Document 74-9 Burst.com US. Patent No. 5,057,932, Claim 4 Accused Instrumentality: Apple Computer with GarageBand Installed EXHIBIT F Filed 12/09/2006 Page 27 of 40 ... An audiohide0 transceiver apparatus comprising: input means for receiving audio/video source information, said audio/video source information comprising a multiplicity of video frames in the form of one or more full motion video programs; Apparatus is an Apple Computer with GarageBand s o h a r e installed. One or more of the following components in an Apple Computer wt GarageBand ih software installed (which components receive audio/visual source infomation comprising a multiplicity of video frames collectively representing at least one fbll motion video program): USB port; Optical andor analog audio line in; Firewire port; andlor Built-in microphone. EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELBUNARY LNFRINGEMENTCONTENTIONS 1 Case 3:06-cv-00019-MHP Document 74-9 Burst.com U.S. Patent No. 5,057,932, Claim 4 Accused Instrumentality: AppIe Computer with GarageBand Installed EXHIBIT F Filed 12/09/2006 Page 28 of 40 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 information; random access storage means, coupled to said compression means, for storing the time compressed representation of said audiohide0 source information, 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 audiohideo source information stored in said random access storage means for transmission away fkom said audiohide0 transceiver apparatus. Central processing unit in Apple Computer w t GarageBand software installed (which ih compresses the audiohide0 source information into a time compressed representation (e.g., in MPEG-4 and/or AAC format) that has a time period shorter than real time playback). Hard drive and/or other system memory i Apple computer with GarageBand software n installed (which random access storage stores tfie time compressed representation). One or more of the following components which receive audiohisual source information stored in random access storage for transmission away in an Apple Computer with GarageBand software installed Wired or wireless Ethernet device (via installed iWeb software); and/or USB port (via installed iTunes software). EXHIBIT F TO BURST'S DISCLOSURE OF ASSERTED CLAIMS & PRELTMINARY INFRINGEMENT CONTENTIONS 2 Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 29 of 40 EXHIBIT G Case 3:06-cv-00019-MHP EXHIBIT G Document 74-9 Filed 12/09/2006 Page 30 of 40 Burst.com U.S. Patent No. 4,963,995, Claims 17 Accused Instrumentality: Method Performed by the .Mac Service An audiohideo transceiver apparatus comprising: Apparatus is a computer used by .Mac service, including hardware and software Wired or wireless Ethernet device or other network port of computer executing software used by the .Mac service (which receives a time compressed representation (e.g.,in MPEG-4 or AAC podcast format) that has a burst time period shorter than real time playback generated on a Apple Computer by iMovie or GarageBand via iWeb). n input means for receiving audiohide0 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 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 and/or other system memory in the computer executing sofhvare used by the .Mac service (wlich stores the time compressed representation) output means, coupled to said random access storage means, for receiving the time compressed representation of said audiohideo source information stored in said random access storage means for transmission away fiom said audio/video transceiver apparatus. Wired or wireless Ethernet device or other network port on computer executing software used by the .Mac service (which receives the time compressed representation stored in random access storage for transmission away to an Apple Computer or Windows Computer). EXHIBIT G 694598~/009350 1 1 Burst.com U.S. Patent No. 5,164,839, Claims 1 , 9 and 17. Accused Instrumentality: Method Performed by the .Mac Service and iLife Software (iMovie E D , GarageBand, and iWeb) Running on an Apple Computer . .. . . Case 3:06-cv-00019-MHP EXHIBIT G Document 74-9 Filed 12/09/2006 Page 31 of 40 . ... . . . . .. . .. .. . . .. ... . .. A rnetliod for handling audiohide0 source idormation, the method comprising: Method performed by computer(s) used by .Mac service in combination with iMovie, GarageBand, and iWeb software running on an Apple Computer. iMovie HD or GarageBand software receives audio/video source information via one or more of the following components of the Apple Computer: Optical digital and/or analog audio line in; FireWire port; Built-in isiglit; and/or Built-in analog microphone. receiving audiohide0 source information 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 audiohide0 source infomation; movie HD or GarageBand software compresses audiohideo source information into a time compressed representation (e.g., in MPEG-4 or AAC podcast format) that has a burst time period shorter than real time playback EXHIBIT G 1 Burst.com U.S. Patent No. 5,164,839, Claims 1 , 9 and 17. Accused Instrumentality: Method Performed by the .Mac Service and iLife Software (Movie HD, GarageBand, and Web) Running on an Apple Computer storing said time compressed representation of the received Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 32 of 40 audiohide0 source information; and Movie HD or CarageBand s o h a r e stores the time compressed representation (e.g.,in computer memory or on other storage media); and/or The .Mac service stores the time compressed representation (eg., i n 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. movie HD or GarageBand software transmits via Web, in a burst time period shorter than real time playback, the stored time compressed representation to the .Mac service; andor The .Mac service transmits, i a burst time period shorter than real time n playback, the stored time compressed representation to an Apple Computer or Windows Computer. ... ... .. ... A method as in claim 1 wherein: said audio/video source information comprises digital audiohide0 source information; See Chart for Claim 1 See Chart for Claim 1 (the audiohide0 source information is digital) 2 Burst.com US. Patent No. 5,164,839, Claims 1,9 and 17. Accused Instrumentality: Method Performed by the .Mac Service and iLife Software (iMovie I D , GarageBand, and iWeb) Running on an Apple Computer said step of compressing comprises compressing said digital audiohide0 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 real time representation of said digital audiohide0 source idormation; and said step of storing comprises storing said digital time compressed representation of said digital audiohdeo source information. Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 33 of 40 Movie Hf) or GarageBand software compresses the digital audio source information into a digital time compressed representation (e.g., in MFEG-4 or AAC podcast format) that has a burst time period shorter than real time playback Novie HD or GarageBand software stores the digital time compressed representation (s.g.,in computer memory or on other storage media); and/or The .Mac service stores the digital time compressed representation (eg., in computer memory or on other storage media) .. . . ..... A method for handling audiohide0 source information, the method comprising: Method performed by the .Mac service The .Mac service receives time compressed representation of receiving audiohide0 source information as a time audio/video source information generated by Movie HD or compressed representation thereog said time compressed representation of said audiolvideo source information being GarageBand over a burst time period shorter than real time playback received over an associated burst time period that is shorter from an Apple Computer with iWeb software. than a real time period associated with real time playback of said audiohide0 source information; 3 69459Gv1/009350 Burst.com U.S. Patent No. 5,164,839, CIaims 1 , 9 and 17. Accused Instrumentality: Method Performed by the .Mac Service and iLife Software (iMovie HD, GarageBand, and iWeb) Running on an Apple Computer storing the time compressed representation of said received audiohide0 source information; and transmitting, in said burst time period, the stored time Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 34 of 40 The .Mac service stores the time compressed representation (e.g.,in computer memory or on other storage media) The .Mac service transmits, in a burst time period shorter than real time playback, the stored time compressed representation to an Apple Computer or Windows Computer. compressed representation of said received audiohide0 source information to a selected destination. 694596v1/009350 4 Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 35 of 40 EXHIBIT H Case 3:06-cv-00019-MHP EXHIBIT H Document 74-9 Filed 12/09/2006 Page 36 of 40 LINICS AND REFERENCES TO INFORMATION SUPPORTING CLAIM CHARTS THAT CAN BE FOUND ON APPLE'S WBSITE OR IN APPLE'S PUBLICLY AVAILABLE DOCUMENTS F'INAL CUT littp ://www.apple.com/finalcutstudio/ litt~://inia~;es.apple.com/finalcutstudio/pdf/20050621 FinalCutPro Product 0verview.pd.f li~://images.apple.coi/~~ialcuitstudio/pdf;?;CStudio PO.pdf h~://www.app1e.com/finalcutstudio/specs.litml?finalcutpro li~://~.apple.com/htialcutstudio/co~pressor/encodiiia.litml littp://www.apple.co~l~alcutstud~o/qu~cktours/?q~ucl~ours/del~verv/at over coinp 5 http ://www.apple.coidfinalcut studiojsoundtraclpro/ http://www.apple.conll~nalcutstudio/soundtrackpro/coniplete.litml littp ://www.apple.com/~alcutstdio/so~d~acl~pro/sculp t.html littp ://www.apple.comdfina cutstudio/quicMours/ 1 littp ://www.apple.c om/6nalcutstudio/falcutpro/ http ://www.apple.com/finalcutstudio/finalcutpro/tellvourstory.html http ://www.macworld.com/news/~005/04/17/fc~exec/index.php http://www.kenstone.net/.fcp homepage/settings fcp 5 balis.htm1 Final Cut Pro User's Manual Volume 2 QUICKTIME http://ima~es.apple.coin/quicke/~#~uickT~e7 Brief V b d f Tech http ://www.apple.c o d auiclctime/pro/w in .html li~://store.apple.com/l-8OO-MYAPPLEIWebObjects/AppleStore?productLeamMore=D33 8OZ/A EXHIBIT H I Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 37 of 40 littp://www.apple.coiidqiiiclctime/pro/specs.html QiricIcTime 7 User's Guide QuiclcTime Tech Brief Mac OS X Server: QuickTime Streaming Server 5.5 Administration www.apple.co~n/qiUcltiine/player/~~in.html www.ap~le.com/quiclctinie/teclmoIo~es www.appIe.com/server vvww.aDple.comlserver/macosx/features/quicktimestreaniing.html APPLE COMPUTERS http://developer.apple.com/documentatio~ardware/conceptuaVhwtech audio/index.litml http ://developer. apple.com/docLunentation/Hardware/Conceptual/Pac G5 05Oct/Articles/ PwrMacG5-05 10 archihtml 'http://developer.apple.com/docurnentation/HardwareDrivers/ConceptuaVMacBookPro OGOllArti clesMacBookPro 0601.html http://developer.ap~1e.com/documentatio1l/HardwareDrivers/Conceptual/h/lacmini 0602/ArticIes /architecture.html http://developer.a~ple.com/documentatio~ardware/Conceptual/KW PCVArticleslpci imp1 ernentation.htm1 li~://developer.apple.comldocumentatio~~dware/Developer NotesMacintosh CPUsG3/iBook3OSeptOO/iBook.pdf http://developer.apple.com/documentation/Hadware/DeveloperNoteshlacintosh CPUsG3/iMacl8Ju101/imac0701.odf 1i~://developer.aPple.com/documentatio~ardware/Developer NotesMacktosh CPUsG3/0righal MadiMacDevNo te.pdf 2 Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 38 of 40 lit~ttp://developer.apple.coi/docunientation/Hardware/Developer Noteshfacintosh CPUsGSPowerMacGS SPRowerMacGS SP.pdf li~://developer.apple.com/doc~uneiitation/H~dware/Developer Noteshfacintosh CPUsG3/ibookl50ctO l/ibook.pdf li~://developer.apple.coru/docuiiientatio~ardware/Developer Noteshfacintosh CPUsG3/iBoolcNov02/iJ3ool1;.pdf http://developer.apPle.conl/docuinentation/Hardware/Develope~ Noteshfacintosh CPUsG4PowerBoolc G4 12incliJanO3PowerBookG4 12incli.pdF h~://developer.apple.coIll/docu~nentatio~ardware/Developer NotesMacintosh CPUsG4/12inchPowerBooltG4 Sept03/12incliPowerBookG4.~df h~://developer.appIe.com/documentatioi~ardwareDrivers/Conceptual/iMac OGJan/Articles/i Mac 0601 archi.litm1 littp://developer.apple.comldocumentation/hardware/developer notes/servers/xse1ve~4/2arcliitect ure/chapter 3 section 2.litml#//apple refldoc/uid/tp30000324/tpx1efl02 lI~://developer.apple.com/documentatio~iardware/developer notes/macintosh cpusG4/irnac 09mav03/03 architecture intrepidhliapter 4 section 2.ht1nl#//apple ref/doc/~xid/tp40 000874-tp300003 15-tpxrefl01 http://deveIope~.apple.comldocurnentation/hardware/developernotes/serverslxserve~4/xserve.~d f ~~://developer.apple.com/documentation/Jlardware/developer notes/servers/xserve~5/xserve,~5. pf d http ://developer.apule.com/docum entation/hardware/conceptual/HWTech Audiohdex.html#//a pple ref7doc/uid/TP40003505 www. apple.corn/macboolcpro/whatsinside-html www.apple.con%owermac/specs.litmI www.apple.codinacmini/wliatsiiiside.html www.apple.com/niacbookcpro/whatsinside.litml 3 Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 39 of 40 w w . apple.coin/powei~ac/specs.l~tml www.apple.coni/ibooldspecs.Iihnl www.a~ple.com/power~ooldspecs.litml IPOD AND ITUNES mw.apple. codsupporthod www.apple.com/quiclctime/tutorials/creatinm6deo.h~nl www.apple.com/ipod/specs.li~il www.apple.conl/ipodnano/specs.li~~ www.appIe.com/ipodshuffle www.apple.com/ipodshuffle/autosync.html www.app le. com/ipodsliuffle/specs.htrnl www. auole.condipodautosync.litnil www.apple.codipodnano/autospc,litmI littp://do cs.inFo .apple.co~darticle. btn?l?artaum=303 www.store.apple.com http://docs.info.apple.com/article.litml?artnum=30278 www.apple.com/support/itL~es~ots/ www.app1e.com/ilife/tutorials/itunes Apple Start Mzrlti-Pass 011 iTzaies, Techtree.com, 03/06,2006 Apple Strikes First To Address Nav iPod Tltreat, I Law Bulletin, 01/06/2006 P wv.apple.comlitmes/overview www.apple.com/itunes/music www.apple.com/itunes/videos 4 Case 3:06-cv-00019-MHP Document 74-9 Filed 12/09/2006 Page 40 of 40 w.apple.com/itunes/playlists w. ai~pIe.conljitunes/sylic w~~.apple.coni.ilife/tu~orials/itrmes www.apple.com/i~~es/share www.apple.com.itwies~L~ www. apple.com/itunes/dowiload ilklies Milsic Store Digital rights Szatwtnry, MacRumors.com, 04/29/2003 www.a~ple.com/i~ines/musicni~ke ting littps://phobos.apple.com/WeE,Obiects/MZLabel.woa/wa/apply wwvv.appIe.com/itunes/musicmarketing/faq. html The Guide to Sellhn Your Music In The iTunes Music Store, Eggs Communications, 2004 GARAGE BAND li~://m~uals.~o.anple.com/en/GarageB~d 3 Getting Started.pdf Movie HD littp://manuals.inf'o .apple.coidediMovie H 6 Gettina Started.pdf D iWEB http://manuals.info.apple.com/eii/iWeb Gettiun Started.pdf 5

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