Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 375

RESPONSE in Opposition re 367 Opposed MOTION Adobe Systems Incorporated's Opposed Motion Requesting Case Management Conference To Address Plaintiff Eolas's Infringement Contentions Or, In The Alternative, To Strike Those Contentions and Motion For Expedited Consideratio filed by Eolas Technologies Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3A, # 4 Exhibit 3B, # 5 Exhibit 3C, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(McKool, Mike) (Additional attachment(s) added on 8/5/2010: # 13 Text of Proposed Order) (kls, ).

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Doc. 375 Att. 6

Exhibit 4

Dockets.Justia.com

Claim Chart For Adobe Showing Infringement Of The '906 Patent By Adobe Flash Player 10.1 For Mobile Devices
Claim 1pre Claim Language A method for an computer Evidence Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself operate in a hypermedia network environment that includes client workstations executing browsers and comprises a method for running an application program in a computer network environment, comprising the following elements. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

running in a

application program network environment, comprising:

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Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus

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Claim

Claim Language One is so important.")

Evidence

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Claim

Claim Language

Evidence

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Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

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Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

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Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

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Claim

Claim Language

Evidence 1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

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Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

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Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

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Claim Language

Evidence

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Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

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Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

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Claim

Claim Language now it is running in the browser on Android.") Citation 1pre(8): Flash

Evidence

Player

10.1

Features

and

Enhancements,

http://labs.adobe.com/technologies/flashplayer10/features.html. "Flash Player 10.1 adds support for a broad range of mobile devices, including smartphones, netbooks and other Internet-connected devices, allowing your content to reach your customers wherever they are. Target mobile operating systems include: Android 2.0 (Éclair), Microsoft Windows Mobile 6.5, Palm webOS, and Symbian S60 V5 * **. This release also supports Windows 7 and Mac OS X 10.6 ("Snow Leopard") desktop operating systems." Citation 1pre(9):

http://www.adobe.com/devnet/flashplayer/articles/fplayer10.1_hardware_acceleration.html "With the release of the Adobe Flash Player 10.1 public prerelease, designers and developers can provide rich media experiences on the web that are accessible to more screens than ever before." Citation 1pre(10): http://labs.adobe.com/technologies/flashplayer10/ "Adobe® Flash® Player 10.1 is the first runtime release of the Open Screen Project that enables uncompromised Web browsing of expressive applications, content and video across devices. With support for a broad range of mobile devices, including smartphones, netbooks, smartbooks and other Internet-connected devices, Flash Player 10.1 allows your content to reach your customers wherever they are." Citation 1pre(11): Flash Player 10.1 Beta 2 Release Notes, P. 6, available at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "Flash Player 10.1 includes a number of media quality of service improvements and is ready to take advantage of upcoming Adobe

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Claim

Claim Language

Evidence media servers that will provide new ways to deliver rich media experiences and create new business models. With new HTTP streaming and content protection features, premium audio and video content can be securely delivered within the browser. Streaming performance is enhanced with improved support for live events, buffer control and peer assisted networking. Network context-aware services, like adaptive frame rate, will enable smooth, uninterrupted media playback and improved resource utilization on mobile devices." Citation 1pre(12): http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html

"Upon creation, a Flash Player instance initializes to the current browsing mode of the browser. If the browser is in private browsing mode when the Flash Player instance is created, then that particular instance will forever be in private browsing mode." Citation 1pre(13): http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html

"Private browsing lets you browse the web without storing any history on your computer. Integrating with your web browser, Flash Player 10.1 will automatically clear stored data in accordance with your browser's private browsing settings." 1a providing one workstation coupled network environment, to at least client and said Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Servers format the communications so that the client workstation receives, from the network server over the network environment, at least one file containing information to enable a browser application to display at least a portion of a distributed hypermedia document within a browsercontrolled window. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition

one network server

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Claim

Claim Language wherein network environment distributed hypermedia environment; is a said

Evidence to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

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Claim Language

Evidence 1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

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Claim

Claim Language

Evidence

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Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

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Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

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Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

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Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

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Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 23 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

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Claim

Claim Language

Evidence

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Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

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Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

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Claim

Claim Language now it is running in the browser on Android.") Citation 1a(8): Flash Player

Evidence

10.1

Features

and

Enhancements,

http://labs.adobe.com/technologies/flashplayer10/features.html. "Flash Player 10.1 adds support for a broad range of mobile devices, including smartphones, netbooks and other Internet-connected devices, allowing your content to reach your customers wherever they are. Target mobile operating systems include: Android 2.0 (Éclair), Microsoft Windows Mobile 6.5, Palm webOS, and Symbian S60 V5 * **. This release also supports Windows 7 and Mac OS X 10.6 ("Snow Leopard") desktop operating systems." Citation 1a(9):

http://www.adobe.com/devnet/flashplayer/articles/fplayer10.1_hardware_acceleration.html "With the release of the Adobe Flash Player 10.1 public prerelease, designers and developers can provide rich media experiences on the web that are accessible to more screens than ever before." Citation 1a(10): http://labs.adobe.com/technologies/flashplayer10/ "Adobe® Flash® Player 10.1 is the first runtime release of the Open Screen Project that enables uncompromised Web browsing of expressive applications, content and video across devices. With support for a broad range of mobile devices, including smartphones, netbooks, smartbooks and other Internet-connected devices, Flash Player 10.1 allows your content to reach your customers wherever they are." Citation 1a(11): Flash Player 10.1 Beta 2 Release Notes, P. 6, available at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "Flash Player 10.1 includes a number of media quality of service improvements and is ready to take advantage of upcoming Adobe

Page 28 of 268 Austin 56225v3

Claim

Claim Language

Evidence media servers that will provide new ways to deliver rich media experiences and create new business models. With new HTTP streaming and content protection features, premium audio and video content can be securely delivered within the browser. Streaming performance is enhanced with improved support for live events, buffer control and peer assisted networking. Network context-aware services, like adaptive frame rate, will enable smooth, uninterrupted media playback and improved resource utilization on mobile devices." Citation 1a(12): Flash Player 10.1 Beta 2 Release Notes, P. 6, available at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "HTTP streaming enables delivery of video-on-demand and live streaming using standard HTTP servers, or from HTTP servers at CDNs, leveraging standard HTTP infrastructure and SWF-level playback components. The addition of HTTP streaming will enable expanded protocol options to deliver live and recorded media to Flash Player, including full content protection for HTTP streamed video with Flash Access 2.0." Citation 1a(13): Flash Player 10.1 Beta 2 Release Notes, "Stream P. 6, available allows at an

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf.

reconnect

RTMP stream to continue to play through the buffer even if the connection is disrupted, thereby making media experiences more tolerant of short term network failures and enabling non-disruptive video playback. When a connection is re-established the stream resumes playback. Developers can add re-connection logic in ActionScript to re-establish server connection and resume streaming without any disruption in the video." Citation 1a(14): http://www.adobe.com/devnet/logged_in/jchurch_flashplayer10.1.html. "In Flash Player 10.1, you will also be able to load video through HTTP Streaming, which lets you take a video

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Claim Language

Evidence and convert it into many fragments that Flash Player can download individually with the help of new components. These fragments can be stored on any web server and do not require a specialized server." Citation 1a(15): http://www.adobe.com/devnet/logged_in/jchurch_flashplayer10.1.html. If a user loses the network connection or switches among different networks, Flash Media Server and Flash Player will renegotiate the stream while the video keeps playing from the buffer. When the connection is re-established, the new connection continues filling up the buffer right where it left off, meaning no interruption in the video experience.

1b

executing, at said client a application, parses distributed hypermedia document identify said to text distributed a workstation, browser that first

Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Servers format the communications so that the browser parses a first distributed hypermedia document to identify text formats included in said distributed hypermedia document and for responding to predetermined text formats to initiate processing specified by said text formats. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

formats included in hypermedia document and for responding to

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Claim

Claim Language predetermined text formats to initiate processing specified by said text formats;

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 31 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 32 of 268 Austin 56225v3

Claim

Claim Language

Evidence

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Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

Page 34 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

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Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

Page 36 of 268 Austin 56225v3

Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

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Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 38 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 39 of 268 Austin 56225v3

Claim

Claim Language

Evidence

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Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 41 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

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Claim

Claim Language now it is running in the browser on Android.")

Evidence

Citation 1b(8): http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html "Upon creation, a Flash Player instance initializes to the current browsing mode of the browser." Citation 1b(9): Flash Player 10.1 Beta 2 Release Notes, P. 6, available at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "Flash Player 10.1 includes a number of media quality of service improvements and is ready to take advantage of upcoming Adobe media servers that will provide new ways to deliver rich media experiences and create new business models. With new HTTP streaming and content protection features, premium audio and video content can be securely delivered within the browser. Streaming performance is enhanced with improved support for live events, buffer control and peer assisted networking. Network context-aware services, like adaptive frame rate, will enable smooth, uninterrupted media playback and improved resource utilization on mobile devices." Citation 1b(10): Video Explaining Multi-Touch Support in Flash Player (c. 10.1, 0:24

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup06.html

"Many of the mobile devices that are entering the market place use multi-touch as the primary interaction method. As we migrate Flash player onto devices we want to enable this interaction model.") (c. 3:40. "The content should be primarily mouse based and enhanced by supporting gestures as a higher level of interaction. Multi-touch and gestures work across the Flash platforms, they work in the browser in the Flash player. . . .") 1c utilizing said Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself,

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Claim

Claim Language browser to display, on said client at workstation, first

Evidence operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Servers format the communications so that the browser displays, on said client workstation, at least a portion of a first hypermedia document received over said network from said server, wherein the portion of said first hypermedia document is displayed within a first browser-controlled window on said client workstation. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

least a portion of a hypermedia document received over said network from of said said server, first is browserwindow client said wherein the portion hypermedia document first controlled on workstation, displayed within a

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Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 45 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 46 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 47 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

Page 48 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

Page 49 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

Page 50 of 268 Austin 56225v3

Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 51 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 52 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 53 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 54 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 55 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

Page 56 of 268 Austin 56225v3

Claim

Claim Language now it is running in the browser on Android.") Citation 1c(8): Flash Player 10.1

Evidence

Beta

2

Release

Notes,

P.

6,

available

at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "Flash Player 10.1 includes a number of media quality of service improvements and is ready to take advantage of upcoming Adobe media servers that will provide new ways to deliver rich media experiences and create new business models. With new HTTP streaming and content protection features, premium audio and video content can be securely delivered within the browser. Streaming performance is enhanced with improved support for live events, buffer control and peer assisted networking. Network context-aware services, like adaptive frame rate, will enable smooth, uninterrupted media playback and improved resource utilization on mobile devices." 1d wherein said first Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia includes text network. Servers format the communications so that said first distributed hypermedia document includes an embed text format, located at a first location in said first distributed hypermedia document, that specifies the location of at least a portion of an object external to the first distributed hypermedia document. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses. that the

distributed hypermedia document an embed

format, located at a first location in said first distributed hypermedia document, specifies

location of at least

Page 57 of 268 Austin 56225v3

Claim a

Claim Language portion of an

Evidence

object external to the first distributed hypermedia document,

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 58 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 59 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 60 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

Page 61 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

Page 62 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

Page 63 of 268 Austin 56225v3

Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 64 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 65 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 66 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 67 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 68 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

Page 69 of 268 Austin 56225v3

Claim

Claim Language now it is running in the browser on Android.")

Evidence

1e

wherein said object has information associated utilized and with it by locate said an type

Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Servers format the communications so that said object has type information associated with it utilized by said browser to identify and locate an executable application external to the first distributed hypermedia document. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

browser to identify executable application external to the first distributed hypermedia document,

Page 70 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 71 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 72 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 73 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

Page 74 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

Page 75 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

Page 76 of 268 Austin 56225v3

Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 77 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 78 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 79 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 80 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 81 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

Page 82 of 268 Austin 56225v3

Claim

Claim Language now it is running in the browser on Android.")

Evidence

1f

and

wherein

said

Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Servers format the communications so that when said embed text format is parsed by said browser it automatically invokes said executable application to execute on said client workstation in order to display said object. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

embed text format is parsed by said browser automatically invoke executable application execute client on to said said to

workstation

in order to display said object

Page 83 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 84 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 85 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 86 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

Page 87 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

Page 88 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

Page 89 of 268 Austin 56225v3

Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 90 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 91 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 92 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 93 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 94 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

Page 95 of 268 Austin 56225v3

Claim

Claim Language now it is running in the browser on Android.")

Evidence

1g

and enable an enduser object display to directly with within said a area interact

Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Servers format the communications so that an end-user is enabled to directly interact with said object within a display area created at said first location within the portion of said first distributed hypermedia document being displayed in said first browser-controlled window. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

created at said first location within the portion of said first distributed hypermedia document displayed first in being said browser-

controlled window.

Page 96 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 97 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 98 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 99 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.")

Page 100 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup12.html

Page 101 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can

Page 102 of 268 Austin 56225v3

Claim

Claim Language

Evidence tell when the device transitions from one application to another. And that means that we can . . . have multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 103 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 104 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 105 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 106 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 107 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 1:13 "I wanted to show you the performance that we're getting here with Android and Flash Player 10.1. . .

Page 108 of 268 Austin 56225v3

Claim

Claim Language now it is running in the browser on Android.") Citation 1g(8): Video Explaining

Evidence

Multi-Touch

Support

in

Flash

Player (c.

10.1, 0:24

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup06.html

"Many of the mobile devices that are entering the market place use multi-touch as the primary interaction method. As we migrate Flash player onto devices we want to enable this interaction model.") (c. 3:40. "The content should be primarily mouse based and enhanced by supporting gestures as a higher level of interaction. Multi-touch and gestures work across the Flash platforms, they work in the browser in the Flash player. . . .") Citation 1g(9): Flash Player 10.1 Beta 2 Release Notes, P. 7, available at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "Smart seek allows you to seek within the buffer and introduces a new "back" buffer so you can easily rewind or fast forward video without going back to the server, reducing the start time after a seek. Smart seek can speed and improve the seeking performance of streamed videos and enable the creation of slow motion, double time, or "instant replay" experiences for streaming video." 2pre The claim said method 1, of Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers which further comprises the method of claim 1, said executable application is a controllable application and further comprises the following steps. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes and them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

wherein is a

executable

application controllable application further

comprising

Page 109 of 268 Austin 56225v3

Claim

Claim Language the step of: Citation 2pre(1):

Evidence

http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html

"Flash Player gives you control over your experience, enabling you to change settings through the Settings panel and the global Settings Manager. . . . The Settings panel lets you change settings for a specific piece of content running in Flash Player (also known as a SWF file) or the site where that content came from. For example, you might access the Settings panel to allow a website to use your camera or microphone. Open the Settings panel by right-clicking the SWF content and choosing "Settings..." from the context menu . . . ." Citation 2pre(2): http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html "In Flash Player 10.1, open the Settings Manager by right-clicking a SWF file and choosing Global Settings from the context menu shown in Figure 1. The Settings Manager can also be accessed at adobe.com/go/settingsmanager." See also Flash Player Settings Manager, allowing settings for Flash content to be set by the user online.

Page 110 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

Page 111 of 268 Austin 56225v3

Claim

Claim Language

Evidence http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html

Source: http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html

Page 112 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can tell when the device transitions from one application to another. And that means that we can . . . have

Page 113 of 268 Austin 56225v3

Claim

Claim Language

Evidence multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 114 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 115 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 116 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 117 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 118 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 119 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 120 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 121 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.") 2a interactively controlling controllable application on said client via workstation inter-process said and said said Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers. Servers transmit a series of communications to client workstations in the distributed hypermedia network. Adobe's servers format the communications so that there is interactive control of said controllable application on said client workstation via inter-process communications between said browser and said controllable application. In addition, Adobe provides the infrastructure (e.g. Flash Player 10.1), in addition to instructions (e.g. developer's guides, webpages, etc.) to users, and causes them to use Adobe Flash Player 10.1 for mobile devices in an infringing manner in its default and expected uses.

communications between browser controllable application.

Page 122 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup01.html

(c.

1:20. "We did a lot of work with Flash Player to make sure that it integrates with the device and can tell when the device transitions from one application to another. And that means that we can . . . have

Page 123 of 268 Austin 56225v3

Claim

Claim Language

Evidence multiple instances of Flash running at the same time in different browser windows. So you now see I've got three different applications that are all running that have Flash in them.") (c. 1:45. "So here I'm going to go into Yahoo Movies and they have trailers for a lot of movies - it immediately started up playing as I stepped into there.") (c. 2:22. "So really great interactivity saving state, and allowing you to interact with all the different content that is available for Flash Player.")

Page 124 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source: http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup02.html (c. 1:00. "I can grab the chart and I can slide it. And as I slide it you see new data flowing in. So its using data services hitting Google pulling in that new information.") (c: 1:37. "They like to build their

Page 125 of 268 Austin 56225v3

Claim

Claim Language

Evidence applications primarily in HTML and Javascript. And when they run into something that they can't do using HTML and Javascript like this chart, and the interactivity in this chart, then they'll go ahead and use Flash.")

Page 126 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 127 of 268 Austin 56225v3

Claim

Claim Language

Evidence Source: http://blogs.adobe.com/rjacquez/2009/11/what_flash_player_101_means_fo.html (c. 0:41, demonstrating Flash 10.1 on the Nokia N900. "I can scroll it with my finger. You can see there is advertisements, there's video, as well as there's animated flash content running here. And if I want to interact of course I can just tap on the screen.")

Page 128 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Source:

http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_goo.html

(c.

1:53. "National Geographic is getting a lot of their monetization using Flash. They're using Flash for their navigation. Towards the center here there is a great graphic that's showing you different pieces of content and it is sort of scrolling through them giving you access to those pieces of content so that

Page 129 of 268 Austin 56225v3

Claim

Claim Language

Evidence you can navigate more efficiently. You get a great little bit of interaction inside the site there.") (c. 2:51. "A lot of the way that people consume information and find out what it is that they want to read, view, and interact with on the web is delivered using Flash. So that's why the partnership that we have with Qualcomm, HTC, and Google to deliver a great experience with Flash Player 10.1 on the Nexus One is so important.")

Page 130 of 268 Austin 56225v3

Claim

Claim Language

Evidence

Page 131 of 268 Austin 56225v3

Claim

Claim Language Source:

Evidence http://blogs.adobe.com/flashplatform/2010/01/flash_player_101_coming_to_mot.html (c.

0:54. "They're using Flash to deliver video. So down here at the bottom we'll zoom in again. We can take a look at a piece of video. . . . ") (c. 1:43. "So they're streaming that video. They're doing detection on the device and that's why you see it's a little bit grainy because they're delivering it optimized for the size of this particular device.") Citation 2a(6): Video Explaining Multi-Touch Support in Flash Player (c. 10.1, 0:24

http://www.adobe.com/devnet/flashplayer/articles/mobile_demos_fp10.1/popup06.html

"Many of the mobile devices that are entering the market place use multi-touch as the primary interaction method. As we migrate Flash player onto devices we want to enable this interaction model.") (c. 3:40. "The content should be primarily mouse based and enhanced by supporting gestures as a higher level of interaction. Multi-touch and gestures work across the Flash platforms, they work in the browser in the Flash player. . . .") Citation 2a(7): Flash Player 10.1 Beta 2 Release Notes, P. 7, available at

http://labs.adobe.com/technologies/flashplayer10/releasenotes.pdf. "Smart seek allows you to seek within the buffer and introduces a new "back" buffer so you can easily rewind or fast forward video without going back to the server, reducing the start time after a seek. Smart seek can speed and improve the seeking performance of streamed videos and enable the creation of slow motion, double time, or "instant replay" experiences for streaming video." Citation 2a(8): http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html "Upon creation, a Flash Player instance initializes to the current browsing mode of the browser. If the browser is in private browsing mode when the Flash Player instance is created, then that particular instance will

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Claim

Claim Language forever be in private browsing mode." Citation 2a(9):

Evidence

http://www.adobe.com/devnet/flashplayer/articles/privacy_mode_fp10.1.html

"Private browsing lets you browse the web without storing any history on your computer. Integrating with your web browser, Flash Player 10.1 will automatically clear stored data in accordance with your browser's private browsing settings." Citation 2a(10): Adobe Unveils First Full Flash Player for Mobile Devices and PCs, P. 1, available at http://www.adobe.com/aboutadobe/pressroom/pressreleases/pdfs/200910/100509AdobeFlashPlayer1 01.pdf. "Flash Player 10.1 will also take advantage of media delivery with HTTP streaming . . . [t]his effort . . . will provide content publishers, distributors and partners the tools they need to utilize HTTP infrastructures for high-quality media delivery in Flash Player 10.1 . . . software." 3 The claim to control controllable application continue to be exchanged the See the evidence and information cited for the claim elements 1g and 2a supra which is expressly incorporated herein. between controllable application and the method 2, of Users of Adobe Flash Player 10.1 for mobile devices and/or Flash Player 10.1 for mobile devices itself, operate in a hypermedia network environment that includes client workstations executing browsers which further comprises the method of claim 2, wherein the communications to interactively control said