Monkeymedia, Inc. v. Amazon.Com, Inc.
Filing
39
MEMORANDUM OPINION AND ORDER REGARDING CLAIM CONSTRUCTION re 1 Complaint and Scheduling Conference set for 2/1/2023 at 02:00 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (cc3)
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 1 of 23
c:,!
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
MONKEYMEDI AINC.,
PLAINTIFF,
2?:V28
fl
AMO8
RCT COURT
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§
§
V.
§
CASE NO. 1:20-CV-01O-LY
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AMAZON.COM, INC.,
§
§
MEMORANDUM OPINION AND ORDER REGARDING
CLAIM CONSTRUCTION
Before the court in the above-styled and numbered cause are Plaintiff' Opening Claim
Construction Brief filed October 7, 2020 (Doe. #25); Opening Claim Construction Brief of
Amazon.com, Inc. filed October 7, 2020 (Doe. #26); Plaintiff USB Bridge Solutions, LLC's
Responsive Claim Construction Brief filed November 2,2018 (Doc. #44); Defendants' Responsive
Claim Construction Brief filed November 2,2018 (Doe. #45); the parties' Joint Claim Construction
Statement filed August 26, 2020 (Doe. #24); and the parties' claim-construction presentations.
The court held a claim-construction hearing on November 12, 2020. See Markinan
v.
WesMew Instruments, Inc., 52 F.3d 967, 976 (Fed. Cir. 1995) (en bane), aff'd, 517 U.S. 370 (1996).
After considering the patents and their prosecution history, the parties' claim-construction briefs,
the applicable law regarding claim construction, and argument of counsel, the court now renders its
order with regard to claim construction.
I.
Introduction
The court renders this memorandum opinion and order to construe the claims of United
States Patent Nos. 6,393,158 ('158 Patent) entitled "Method and Storage Device for Expanding and
Contracting Continuous Play Media Seamlessly;" 9,185,379 ('379 Patent) entitled "Medium and
Method for Interactive Seamless Branching and/or Telescopic Advertising;" 9,247,226 ('226 Patent)
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 2 of 23
entitled "Method and Storage Device for Expanding and Contracting Continuous Play Media
Seamlessly;" and 10,051,298 ('298 Patent) entitled "Method and Storage Device for Expanding and
Contracting Continuous Play Media Seamlessly" (collectively, the Asserted Patents). The '379,
'226, and '298 Patents are continuations of the '158 Patent, so all patents have essentially the same
specification. Plaintiff MONKEYmedia, Inc. is the owner of the Asserted Patents, all of which
relate to a process called "Seamless Expansion." For Seamless Expansion, the user views a main
audiovisual content during which the user can choose to play expansion content in response to a
prompt. If selected, the expansion content plays, after which the main audiovisual content resumes.
MONKEYmedia alleges that Amazon.com, Inc. infringes multiple claims of the Asserted Patents
through making, using, offering for sale, selling, or importing infringing products.
The '158 Patent was the subject of earlier patent suits brought by MONKEYmedia before
this
court.1
In the Apple Cases, the special master construed several of the terms in the '158 Patent,
including five that are disputed in this case. These terms are "segment," "link," "linking,"
"expansion link," and "transition." The court adopted all the special master's constructions for those
five terms.2
II.
Legal Principles of Claim Construction
Determining infringement is a two-step process. See Markman v. Westview Instruments, Inc.,
517 U.S. 370, 384 (1996) ([There are] two elements of a simple patent case, construing the patent
and determining whether infringement occurred. .
..).
First, the meaning and scope of the relevant
'MONKEYmedia v. Apple, Inc., Cause Nos. 1:10-CV-319-SS, 1:10-CV-533-SS, 2015 WL
4758489 (W.D. Tex. Aug. 11,2015) (the "Apple Cases")
For "link" and "linking," the court added the word "predetermined" to the construction for
clarification.
2
2
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 3 of 23
claims must be ascertained. Id. Second, the properly construed claims must be compared to the
accused device. Id. Step one, claim construction, is the current issue before the court.
Claim construction is exclusively for the court to determine. Teva Pharms. USA, Inc.
v.
Sandoz, Inc., 574 U.S. 318, 321(2015) (quoting Markman, 517 U.S. at 372). The "words of a claim
'are generally given their ordinary and customary meaning." Phillips
1303, 1312 (Fed. Cir. 2005) (enbanc) (quoting Vitronics Corp.
v.
v. A
WH Corp., 415 F.3d
Conceptronic, Inc., 90 F.3d 1576,
1582 (Fed. Cir. 1996)). "[T]he ordinary and customary meaning of a claim term is the meaning that
the term would have to a person of ordinary skill in the art in question at the time of the invention
." Id. at 1313. The person of ordinary skill in the art is deemed to have read the claim term in
the context of the entire patent. Id. Therefore, to ascertain the meaning of a claim, a court must look
to the claim, the specification, and the patent's prosecution history. Id. at 1314-17; Markinan, 52
F.3d at 979.
Claim language guides the court's construction of a claim term. Phillips, 415 F.3d at 1314.
"[T]he context in which a term is used in the asserted claim can be highly instructive." Id. Other
claims, asserted and unasserted, can provide additional instruction because "terms are normally used
consistently throughout the patent
.
.
.
Differences among claims, such as additional
." Id.
limitations in dependent claims, can provide further guidance. Id. at 1314-15.
Claims must also be read "in view of the specification, of which they are a part." Markman,
52 F.3d at 979. "[T]he specification 'is always highly relevant to the claim construction analysis.
Usually, it is dispositive; it is the single best guide to the meaning of a disputed term." Phillips,
415 F.3d at 1315 (quoting Vitronics, 90 F.3d at 1582). In the specification, a patentee may define
a term to have a meaning that differs from the meaning that the term would otherwise possess. Id.
at 1316. In such a case, the patentee's lexicography governs. Id. The specification may also reveal
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a patentee's intent to disavow claim scope. Id. Such intention is dispositive of claim construction.
Id. Although the specification may indicate that a certain embodiment is preferred, a particular
embodiment appearing in the specification will not be read into the claim when the claim language
is broader than the embodiment. Electro Med. Sys., S.A.
v.
Cooper Life Scis., Inc., 34 F.3d 1048,
1054 (Fed. Cir. 1994).
The prosecution history is another tool to supply the proper context for claim construction
because it demonstrates how the inventor understood the invention. Phillips, 415 F.3d at 1317. A
patentee may also serve as his own lexicographer and define a disputed term in prosecuting a patent.
Home Diagnostics, Inc.
v.
LfeScan, Inc., 381 F.3d 1352, 1356 (Fed. Cir. 2004). Similarly,
distinguishing the claimed invention over the prior art during prosecution indicates what a claim
does not cover. Spectrum Int'l, Inc.
v.
Sterilite Corp., 164 F.3d 1372, 1378-79 (Fed. Cir. 1988).
The doctrine ofprosecution disclaimer precludes a patentee from recapturing a specific meaning that
was previously disclaimed during prosecution. Omega Eng'g, Inc.
1323 (Fed. Cir. 2003). A disclaimer
Inc.
v.
v.
Raytek Corp., 334 F.3d 1314,
of claim scope must be clear and unambiguous. Middleton,
3MCo., 311 F.3d 1384, 1388 (Fed. Cir. 2002).
Although "less significant than the intrinsic record in determining the legally operative
meaning of claim language," the court may rely on extrinsic evidence to "shed useful light on the
relevant art." Phillips, 415 F.3d at 1317 (internal quotations omitted). Technical dictionaries and
treatises may help the court understand the underlying technology and the manner in which one
skilled in the art might use a claim term, but such sources may also provide overly broad definitions
or may not be indicative of how a term is used in the patent. See Id. at 1318. Similarly, expert
testimony may aid the court in determining the particular meaning of a term in the pertinent field,
but "conclusory, unsupported assertions by experts as to the definition of a claim term are not useful
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 5 of 23
to a court." Id. Generally, extrinsic evidence is "less reliable than the patent and its prosecution
history in determining how to read claim terms.
.. ."
Id. Extrinsic evidence may be useful when
considered in the context of the intrinsic evidence, Id. at 1319, but it cannot "alter a claim
construction dictated by a proper analysis of the intrinsic evidence." On-Line Techs., Inc.
v.
BodenseewerkPerkin-Elmer GmbH, 386 F.3d 1133, 1139 (Fed. Cir. 2004). To the extent the court
"make[s] subsidiary factual findings about thEe] extrinsic evidence," the court construes the claims
in light of those factual findings. Teva, 574 U.S. at 332.
Indefiniteness
A claim is indefinite if it does not reasonably inform a person of ordinary skill in the art of
the claim scope. IPXL Holdings, L.L.C.
v.
Amazon.com, Inc., 430 F.3d 1377, 1383-84 (Fed. Cir.
2005). "Claim language employing terms of degree has long been found definite where it provided
enough certainty to one of skill in the art when read in the context of the invention." Interval
LicensingLLCv. AOL, Inc., 766 F.3d 1364, 1370 (Fed. Cir. 2014). However, "[t]he claims, when
read in light of the specification and the prosecution history, must provide objective boundaries for
those of skill in the art." Id. at 1371.
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Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 6 of 23
III.
Discussion
A.
Agreed Constructions
The parties agreed to the construction of nine
construction of those claim terms as listed in the table
terms.3
The court adopts the agreed
below.4
Claim TerflilPhrase
Adopted Agreed çonstruetiou
"stored content"
content that minimally contains images or text that can be
displayed, and is stored
i
['158 and '226 Patents]
"continuing segment"
the segment of main content that plays after the "at least one
segment"
['158 Patent]
"continuing portion"
the portion of the main content that plays after the "first
portion"
['226 Patent]
a prompt or guiding suggestion
"cue"
['158, '379, '226, and '298
Patents]
"highlighting"/"highlighted"
calling attention to a cue or to other information
['158, '226, and '298 Patents]
"discernible entity"
a graphical or auditory element that is distinguishable from the
surrounding context
['379 and '298 Patents]
"expansion cue container"
a receptacle for holing expansion cues into and from which cues
can be inserted and removed
['158 and '226 Patentsl
The parties disputed whether the preamble for Claims 1 and 13 of the '298 Patent was
limiting in the Joint Claim Construction (Doc. #24), but agreed in briefing that the preamble was
limiting. (Doc. #25). The parties agreed to the construction after the November 12, 2020 claimconstruction hearing (Doc. #32).
"Throughout this order, the bolded claim terms indicate the court's adopted construction.
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 7 of 23
"A [set top] media player for Preamble is limiting
capturing and playing
continuous play media
streams, the media player
comprising a display circuit, a
selector interface coupled to a
digital controller, memory
caching storage, and an
interface circuit comprising an
external interface circuit"
['298 Patent]
"transition"
Audio or visual content or effect that is presented while
passing from one piece of content to another
['379 and '298 Patents]
B.
Disputed Terms
The parties dispute the construction of 17 terms. Each disputed term is discussed separately.
1.
"segment"
The parties' proposed constructions of this term, as used in Claims 37,40 and 41 of the '158
Patent and Claims 7 and 9 of the '226 Patent, are listed in the following table:
MO
Ymedia's Proposed Construction
No construction necessary
Amazon's Proposed Construction
"a sequence of media content that is fixed and
predetermined prior to playing"
If construction: "a stream or portion of a stream
of multimedia content."
MONKEYmedia argues that the term "segment" should be given its plain and ordinary
meaning. MONKEYmedia notes that segment is used in two different ways in the specification: (1)
segments created by block coding during the authoring process and (2) parts of a stream. A person
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of ordinary skill in the
art,5
MONKEYmedia argues, would know from the use of the term in the
claims that segment means parts of a stream. MONKEYmedia asserts that Amazon's construction
improperly limits the term to mean segments created by block coding during the authoring process,
ignoring a central idea of the inventionthat the user interacts with the content to determine the
beginning and end of the segment.
Amazon argues that the court's construction in the Apple Cases should be adopted by the
court, noting that the law promotes uniformity and deference to prior decisions. See Markman, 517
U.S. at 390; TQP Dev., LLC
v.
Intuit Inc., 2014 WL 2810016, at *6 (E.D. Tex. June 20, 2014)
("[P]revious claim constructions in cases involving the same patent are entitled to substantial
weight, and the Court has determined that it will not depart from those constructions absent a strong
reason for doing so.").
Amazon further notes that MONKEYmedia agreed to Amazon's
construction in another case it filed against Samsung in the Eastern District of Texas.
MONKEYmedia, Inc.
v.
Samsung Elec. Co. Ltd., 2:17-cv-00460, Dkt. 47, Plaintiff's Claim
Construction Reply Brief at 1-2 (E.D. Tex. Apr. 13, 2018).
Amazon also argues that MONKEYmedia's argument regarding two definitions of
"segment" is unsupported by the specification as the specification only contemplates segments as
being fixed and predetermined. Amazon notes that during reexamination of the '158 Patent, the
examiner rejected MONKEYmedia's argument that segments are dynamic, finding that
MONKEYmedia's claims were obvious because both the prior art source and the '158 Patent
The parties agree that a person of ordinary skill in the art is a person with "[a] bachelor's
degree or higher in computer science, cognitive science, computer engineering, computer user
interface design, multimedia or equivalent degree, and at least two hear of experience in the field
of computer user interface design or software design and implementation. Additional education
could have substituted for professional experience, and significant work experience could have
substituted for formal education."
[]
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 9 of 23
disclosed fixed and predetermined segments. The court agrees. In the Apple Cases, the court's
careful construction is presumed to be correct. In addition, the court's construction was based on
the specification, which was the same for all of the Asserted Patents, and the intrinsic evidence
points to the idea that segments must be predetermined and fixed.
The court concludes the construction of "segment" to be: a sequence of media content that
is fixed and predetermined prior to playing.
2. "subset"
The parties' proposed constructions of this term, as used in Claims 21 and 25 of the '379
Patent, are listed in the following table:
MONKEYmedia's Proposed Construction
Amazon's Proposed Construction
Plain and Ordinary Meaning
"a sequence of media content that is fixed and
predetermined prior to playing"
MONKEYmedia argues that the term"subset" has no special meaning to a person of ordinary
skill in the art and should be given it's plain and ordinary meaning. MONKEYmedia asserts that
Amazon's construction of subset is the same as its construction of segment that conflicts with the
presumption that different terms have different meanings. See Board ofRegents of the Univ. of Tex.
Sys. v. BENQ Am. Corp., 533 F.3d 1362, 1371 (Fed. Cir. 2008). Because the subset is used to
describe both a part of the media stream and a part of the display space, MONKEYmedia contends,
giving subset the same meaning as segment would not make sense.
Amazon argues that "subset" never appears in the specification, noting that when comparing
claims in the '379 Patent to the claims in the '158 Patent, the subset is used in the same way as
segment. Amazon further argues that if subset was given a different meaning than segment, the
patent would be invalid under written description because there is no support for the term in the
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 10 of 23
specification. Amazon asserts that different words can have the same meaning if they are used in
different patents within the same family of patents, and in this case subset is used in the same way
as segment, so it should be construed the same.
Although segment and subset are different terms, subset is used in almost the exact same way
as segment in the Asserted Patent claims, and the specification does not explain what subset means
or why it should be different than segment.
The court concludes the construction of "subset" to be: a sequence of media content that
is fixed and predetermined
prior to playing.
3. "portion"
The parties' proposed constructions of this term, as used in Claims
1
and 5 of the '226
Patent, are listed in the following table:
MONXEYmMia's Proposed Construction
MnaZóJI'S Proposed Construction
Plain and Ordinary Meaning
"a sequence of media content that is fixed and
predetermined prior to playing"
During prosecution, MONKEYmedia was granted a post-allowance amendment to change
the word "segment" in some ofthe claims to "portion," which MONKEYmedia argues indicates that
there is a difference between these two terms. MONKEYmedia contends that the amendment
clarified that the terms had distinct meanings, specifically to obviate the issue of being
predetermined and fixed. Therefore, MONKEYmedia argues, portion should be given its plain and
ordinary meaning, which is different from segment.
Amazon argues that portion never appears in the specification; therefore, it is unclear how
it should be defined, noting that when comparing claims in the '226 Patent to the claims in the '158
Patent, portion is used in the same way as segment. Like the argument for subset, Amazon asserts
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that if portion is given a different meaning than segment, the patent would be invalid under written
description because there is no support for the term in the specification.
Because MONKEYmedia and Amazon present a fundamental disagreement over the
construction of portion, the court must resolve this dispute. See 02 Micro Int'l, Ltd.
v.
Beyond
Innovation Tech. Co., 521 F.3d 1351, 1362 (Fed. Cir. 2008) ("When the parties present a
fundamental dispute regarding the scope of a claim term, it is the court's duty to resolve it."); Every
Penny Counts, Inc.
v. Am.
Express Co., 563 F.3d 1378, 1383 (Fed. Cir. 2009) (citing 02 Micro, 521
F.3d at 1361-62) ("[T]he court's obligation is to ensure that questions of the scope of the patent
claims are not left to the jury.") Although segment, subset, and portion are different terms, like the
term "subset," the term "portion" is used in almost the exact same way as segment in the Asserted
Patent claims, and the specification does not explain what subset means or why it should be different
than segment.
The court concludes the construction of "portion" to be: a sequence of media content that
is fixed and predetermined prior to playing.
4. "link"
The parties' proposed constructions of this term, as used in Claims 37,40 and 41 of the '158
Patent and Claims
1
and 7 of the '226 Patent, are listed in the following table:
MONKEYtnedia's ProposedConstruetaon
Amazon's Proposed Coüstruction
No construction necessary
"a predetermined connection from one
specified segment/portion to another specified
segment"
If construction: "a rule or collection of rules
that determines the next content."
11
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5. "linking"
The parties' proposed constructions of this term, as used in Claims 37,40, and 41 of the '158
Patent, are listed in the following table:
MONKEYmedia's Proposed Construction
Amazon's Proposed Construction
No construction necessary
"following the predetermined connection from
one specified segment/portion to another
specified segment/portion"
If construction: "applying link rules"
6. "expansion link"
The parties' proposed constructions of this term, as used in Claims 37,40, and 41 of the '158
Patent and Claims
1
and 7 of the '226 Patent, are listed in the following table:
IMONKEYmèdia's Proposed Construction
No construction necessary:
Amazon's Proposed Construction
"a link from a specified segment/portion to a
specified expansion segment/portion"
If construction: "a link to expansion content"
7. "continuity link"
The parties' proposed constructions of this term, as used in Claims
1
and 7 of the '226
Patent, are listed in the following table:
MO
Ymedi*'s Froposed Construet.wi
No construction necessary
Amazon's Proposed Construction
"a link from a specified segment/portion to a
specified continuing segment/portion"
If construction: "a link to a continuing portion
or segment"
MONKEYmedia contends that the term "link" broadly refers to a connection between two
sets of data in the field of computer applications, arguing that "link" (and the other "link" terms) do
not require any construction because link had no special meaning in the field of the invention at the
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time of the invention, and is readily understandable by the jury in the context of the claims.
MONKEYmedia further argues that if construction is necessary, the intrinsic evidence makes clear
that link in the context of the asserted claims means "a rule or collection of rules that determines the
next selection of content," and that "linking" simply means "applying the link rules."
MONKEYmedia contends that the problem with Amazon's proposed construction of all the "link"
terms is the unnecessary inclusion of the words "predetermined" and "specified" that are confusing
and will allow Amazon to argue for improperly narrowing the scope of these terms, arguing that the
specification of the Asserted Patents teaches that a link need not be predetermined or connect from
or to a specified segment if it is implicit because it makes the connection available but require some
action by the user to trigger the connection.
In response, Amazon notes that its proposed constructions drawn almost verbatim from the
court's constructions in the Apple Cases, with the exception of the addition of "portion" to ensure
consistency with the '226 patent-claim language. Amazon argues that the intrinsic evidence shows
that a link must be a predetermined connection from one specified segment to another specified
segment because all segments are fixed and predetermined. Amazon asserts that the claims confirm
that the links are to "specified segments" because the "plurality of links" are "to a corresponding
plurality of other.
. .
segments." See
'158
patent at claim 37. Further, Amazon asserts that the
specification describes that any linking information must be predetermined because it is fetched
prior to playing.
See
id.
at Fig. 10. Therefore, Amazaon argues, the
links
are predetermined and
cannot change on the fly. The court agrees. The court finds that the specification does not use the
term "link" to describe the ability to make a connection available, but rather a concrete data structure
from one segment or portion to another, whether or not the segments or portions are temporally
adjacent or not.
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The court concludes the construction of"link" to be: a predetermined connection from one
specified segment/portion to another specified segment.
The court concludes the construction of "linking" to be: following the predetermined
connection from one specified segment/portion to another specified segment/portion.
The court concludes the construction of "expansion link" to be: a link from a specified
segment/portion to a specified expansion segment/portion.
The court concludes the construction of "continuity link" to be: a link from a specified
segment/portion to a specified continuing segment/portion.
"Terminus" Claim Terms
8. "terminus"
The parties' proposed constructions of this term, as used in Claims 37,40, and 41 of the '158
Patent and Claims 1 and 7 of the '226 Patent, are listed in the following table:
MONKEYmedia's Proposed Construction
Amazon's Proposed Coisfruction
No construction necessary
"a point that is fixed and predetermined prior to
playing"
If construction: "a point in time"
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9. "interruption terminus"
The parties' proposed constructions of this term, as used in Claims
1
and 7 of the '226
Patent, are listed in the following table:
IMONKEYmeJIa's Proposed Construction
No construction necessary
j
Aiazon's Proposed Construction
"a point that is fixed and predetermined prior to
playing and at which play can be interrupted"
If construction: "a point in time in the primary
content continuous play media stream when the
primary content is interrupted"
10. "resume-point terminus" / "resume point"
The parties' proposed constructions of this term, as used in Claims 21 and 22 of the '379
Patent, Claims 1 and 7 of the '226 Patent, and Claims
1
and 13 of the '298 Patent, are listed in the
following table:
MONKEYmedia's
osed Construction
No construction necessary
Amazon's Proposed Construction
"a point that is fixed and predetermined prior to
playing and at which play can be resumed"
If construction: "a point in time in the primary
content continuous play media stream when the
primary content resumes"
MONKEYmedia argues that the term "terminus" and other related terms do not require any
construction because they had no special meaning in the field of the invention at the time of the
invention, and they are readily understandable by the jury in the context of the claims.6 In support,
MONEYmedia asserts that language in the specification of the '226 Patent regarding the manner
in which termini "may vary" and "may grow" indicates that termini are not fixed or predetermined,
A term that is readily understandable by the jury in the context of the claims would also
be understandable to a person of ordinary skill in the art.
6
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and that the limitation in Claim 1 (f)(ii) of the '379 Patent indicates that the termini are not known
until the expansion decision point is determined by user interaction.
Amazon argues that nothing in the specification supports establishing the beginning and
ending termini of a segment on the fly, and that because the segment/portion/subset is
predetermined, it follows that the termini are fixed and predetermined prior to playing as well.
Because the terms in the specification seem to suggest that the termini are changing while
playing on the fly, the court finds that "terminus" is not always a point that is fixed or predetermined
prior to playing.
The court concludes no construction of the claim term is necessary.
11. "expansion decision point"
The parties' proposed constructions of this term, as used in Claims 1, 5, 8, 11, and 16 of the
'485 Patent, are listed in the following table:
MONKEYmedia's Proposed Consfrution
j
Amazon's Proposed Construction
"a point that is fixed and predetermined prior to
playing and at which a decision to play
primary
expansion can occur"
If construction: "a point in time in the
content continuous play media stream when the
user decision to access optional content is
detected by the device"
No construction necessary
MONKEYmedia asserts that the "expansion decision point" cannot be fixed because the
interruption terminus and the resume point terminus are determined on the fly by the user; therefore,
construing the "expansion decision point" as being fixed and predetermined would ignore the
importance ofuser interaction to the invention because it occurs is when the user's decision to select
and expansion is detected, as depicted in Fig. 7A.
A person of ordinary skill in the art,
Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 17 of 23
MONKEYmedia argues, would understand that video flows at 30 frames per second, so the user can
make decisions at any of these frames and create the "expansion decision point" on the fly.
Amazon argues that the term "expansion decision point" does not appear in the specification.
Relying on Fig.7A, Amazon asserts that it is clear from the specification that this point is fixed and
predetermined. The court disagrees.
The court concludes no construction of the claim term is necessary.
12. "landing offset"
The parties' proposed constructions of this term, as used in Claim 21 of the '379 Patent and
Claims
1
and 13 of the '298 Patent, are listed in the following table:
IMONKEYmedia's Proposed Construction
No construction necessary
Amazon's Proposed Construction
"point temporally located after the beginning of
the [second subset/continuing portion]"
If construction: "temporal displacement"
MONKEYmedia argues that the court's construction of the term "continuity link offset" in
the Apple Cases should not be applied to "landing offset" because it would ignore long-settled law
requiring different claim terms to have different meanings. See American Med. Sys., Inc.
v.
Biolitec,
Inc., 618 F.3d 1354, 1360 (Fed. Cir. 2010) (holding that "under the doctrine of claim differentiation,
[]dependent claims give rise to a presumption that the broader independent claims are not confined
to that range") (citation omitted). MONKEYmedia asserts that the "continuity link" offset must go
to the continuity subset, but the "landing offset" is a broader term that need not only be restricted
to the continuity subset, arguing that the specification shows that the purpose of the landing offset
is to provide a more seamless experience for the user and that nothing in the specification limits the
landing offset to being only after the first terminus of the continuity segment.
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Amazon argues that in the Apple Cases the court essentially construed the term "landing
offset" by construing "continuity link offset." Therefore, the same construction should be applied
to "landing offset." Amazon asserts that MONKEYmedia's claim differentiation argument is
litigation-driven and should be discounted by the court. The court disagrees.
The court concludes no construction of the claim term is necessary.
13. "spatiotemporal continuity" / "spatiotemporally continuous"
The parties' proposed constructions of this term, as used in Claim 21 of the '379 Patent,
Claims
1
and 7 of the '226 Patent, and Claims 1 and 13 ofthe '298 Patent, are listed in the following
table:
MONKEYmedia's Proposed Construction
Amazon's Proposed Construction
No construction necessary
Indefinite
If construction: "in temporal succession and in
substantially the same display space"
MONKEYmedia argues that although the only claims in which the term "spatiotemporal
continuity" is used are in the '379, '226, and '298 Patents that were issued 10 years after the parent
'158 Patent, the co-inventors addressed what the term meant in its declarations during the
reexamination of the '158 Patent. Therefore, MONKEYmedia contends, the declarations were apart
of the intrinsic evidence that a person of ordinary skill in the art can consider when determining the
meaning of "spatiotemporal continuity."
Amazon argues that "spatiotemporal continuity" and "spatiotemporally continuous" are
subjective and thus indefinite. A person of ordinary skill in the art, Amazon contends, would
understand "spatiotemporal continuity" to encompass at least temporal continuity and spatial
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Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 19 of 23
continuity. Amazon argues, however, that the specification does not provide the boundaries for
either.
The court finds that the specification, including Figs. 4A-4D, provide enough certainty to
the term "spatiotemporal continuity" to render it definite so that a person of ordinary skill in the art
would understand what this term means.
The court concludes no construction of the claim term is necessary.
14. "substantially fills"
The parties' proposed constructions of this term, as used in Claim 21 of the '379 Patent and
Claims
1
and 13 of the '298 Patent, are listed in the following table:
MONKEYmedia's Proposed Construction
Amazon's Proposed Construction
No construction necessary beyond plain and
ordinary meaning
Indefinite
MONKEYmedia argues that even though "substantially" is a term of degree, the
specification gives enough certainty to the term to render it definite. MONKEYmedia notes that
Fig. 4C shows what it looks like for the content to "substantially fill" the display space. Therefore,
MONKEYmedia argues, the plain and ordinary meaning of "substantially fills" should be adopted.
Amazon argues that because "substantially" is a term of degree describing the extent to
which the visual portion fills the visual display space, MONKEYmedia must provide an objective
standard for determining what the term covers. Amazon asserts, however, that the specification does
not use the term "substantially fills" and thus does not give an objective standard for what the term
means. Although the term "substantially" is used in the specification, Amazon notes, it is used in
entirely different contexts that do not provide an objective standard for the term "substantially fills."
Thus, Amazon argues, the term is indefinite.
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Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 20 of 23
The court finds that Figs. 4A-4D and the specification sufficiently describes the term
"substantially fills" to render the term definite. Although this term does not include completely
objective boundaries, a person of ordinary skill in the art would be able to understand with enough
certainty what this term means.
The court concludes no construction of the claim term is necessary.
15. "after at most a small amount of time"
The parties' proposed constructions of this term, as used in Claims
1
and 7 of the '226
Patent, are listed in the following table:
MO
Yniedia's rroposed Construction
No construction necessary beyond plain and
ordinary meaning
Amazon's Proposed Construction
Indefinite
MONKEYmedia argues that person of ordinary skill in the art at the time of the invention
would recognize what the term "after at most a small amount of time" means because broadcast
systems at the time experienced a delay when switching between content and the invention included
the term "after at most a small amount of time" in recognition of this feature.
Amazon argues that "after at most a small amount of time" is a term of degree. Neither the
specification nor the prosecution history provide an objective standard for the term. Therefore, it
is indefinite.
The court finds that the intrinsic record provides certainty to the term "after at most a small
amount of time" for a person of ordinary skill in the art to understand the term and that Amazon
does not provide sufficient evidence to explain why a person of ordinary skill in the art would not
know the scope of the term.
The court concludes no construction of the claim term is necessary.
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Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 21 of 23
16. "providing a highlighted expansion cue to a user that is integrated with the
display...
whereby the display of the expansion cue is distinct from the display of the at least one segment"
The parties' proposed constructions of this term, as used in Claim 7 of the '226 Patent, are
listed in the following table:
MONKEYmedia's Proposed Construction
Amazon's
No construction necessary
Indefinite
osed Construction
If construction: See "highlighted," "cue" and
"segment." Plain and Ordinary Meaning as to
the remaining language.
MONKEYmedia argues that no construction is necessary because a person of ordinary skill
in the art would know that having a cue "integrated with the display" means the cue would show in
the same display space as the continuous play media, and that the cue "distinct from the display
space" is an overlay, popup, or effect applied to the continuous play segment and is not a part of the
segment itself
Amazon asserts that it is unclear how the expansion cue would be both "distinct from" and
"integrated with" the display of the segment, which is an irreconcilable contradiction. Amazon also
argues that the claims, specification, and prosecution history do not provide any more clarity to what
this term means.
The court finds that Figs. 4A, 4B, and 5D of the Asserted Patents provide enough certainty
to the term to render it definite. It is not irreconcilable that the cue is both "integrated with" and
"distinct from" display of the segment. Overlays, popup, and effects are all distinct from the display
of the segment in that they are in a different window or are in some way separate from the segment.
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Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 22 of 23
However, it is still integrated in that it is located, for example, on top of the display of the segment.
The court concludes that no construction of the claim term is necessary.
C.
Summary Table of Disputed Terms
Term
Court's Con*uctton
"segment"
a sequence of media content that is fixed
and predetermined prior to playing
"subset"
a sequence of media content that is fixed
and predetermined prior to playing
"portion"
a sequence of media content that is fixed
and predetermined prior to playing
connection from one
specified segment/portion to another
specified segment/portion
"link"
a predetermined
"linking"
following the predetermined connection
from one specified segment/portion to
another specified segment/portion
"expansion link"
a link from a specified segment/portion to a
specified expansion segment/portion
"continuity link"
a link from a specified segment/portion to a
specified continuing segment/portion
"terminus"
no construction of the claim term is
necessary
"interruption terminus"
no construction of the claim term is
necessary
"resume-point terminus" I "resume-point"
no construction of the claim term is
necessary
"expansion decision point"
no construction of the claim term is
necessary
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Case 1:20-cv-00010-LY Document 39 Filed 11/28/22 Page 23 of 23
no construction of the claim term is
"landing offset"
necessary
"spatiotemporal continuity" /
"spatiotemporally continuous"
no construction of the claim term is
"substantially fills"
no construction of the claim term is
necessary
necessary
"afteratmostasmallamountoftime"
no construction of the claim term is
necessary
"providing a highlighted expansion cue to
a user that is integrated with the display...
whereby the display of the expansion cue
is distinct from the display of the at least
one segment"
no construction of the claim term is
necessary
IV.
Conclusion
For the above reasons, the court construes the disputed claims as noted and so ORDERS.
No other claim terms require construction.
IT IS FURTHER ORDERED that this case is set for a Scheduling Conference on
Wednesday, February 1, 2023, at 2:00 p.m., in Courtroom 7, Seventh Floor, United States
Courthouse, 501 W. 5th Street, Austin, Texas 78701. If the case is not settled, the
parties shall confer in an attempt to reach agreement on a schedule to follow for the remainder of
the case. The court will render a scheduling order as a result of the conference.
SIGNED
thiday of November, 2022.
UNITED STATES DISTRICT JUDGE
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