Saturday, April 11, 2015

USPTO decision on US 8,112,504


Certain claims were found anticipated and obvious in IPR2014-00070, with the final written decision by GREGG I. ANDERSON.

Claims 31-35 of US 8,112,504 to Personal Audio:

--
31. Apparatus for disseminating a series of episodes represented by media files via the Internet as said episodes become available, said apparatus comprising: one or more data storage servers, one or more communication interfaces connected to the Internet for receiving requests received from remotely located client devices, and for responding to each given one of said requests by downloading a data file identified by a URL specified by said given one of said requests to the requesting client device, one or more processors coupled to said one or more data storage servers and to said one or more communications interfaces for: storing one or more media files representing each episode as said one or more media files become available, each of said one or more media files being stored at a storage location specified by a unique episode URL; from time to time, as new episodes represented in said series of episodes become available, storing an updated version of a compilation file in one of said one or more data storage servers at a storage location identified by a predetermined URL, said updated version of said compilation file containing attribute data describing currently available episodes in said series of episodes, said attribute data for each given one of said currently available episodes including displayable text describing said given one of said currently available episodes and one or more episode URLs specifying the storage locations of one or more corresponding media files representing said given one of said episodes; and employing one of said one or more communication interfaces to: (a) receive a request from a requesting client device for the updated version of said compilation file located at said predetermined URL; (b) download said updated version of said compilation file to said requesting client device; and (c) thereafter receive and respond to a request from said requesting client device for one or more media files identified by one or more corresponding episode URLs included in the attribute data contained in said updated version of said compilation files.

32. The apparatus as set forth in claim 31 wherein at least some of said media files contain digital compressed audio recordings that may be reproduced in audible form by a requesting client device.

33. The apparatus as set forth in claim 31 wherein at least some of said media files contain text data which may be displayed or reproduced in spoken audible form by a requesting client device.

34. The apparatus set forth in claim 33 wherein said attribute data for each given one of said episodes further includes displayable text data describing said given one of said episodes.

35. The audio program player set forth in claim 34 wherein said updated version of said compilation file further includes displayable text describing said series of episodes.

--

Priority:

This application is a Division of U.S. patent application Ser. No. 09/782,546 filed on Feb. 13, 2001 and published as U.S. Application Publication No. 2008/0155616. Application Ser. No. 09/782,546 is a Division of U.S. patent application Ser. No. 08/724,813 filed on Oct. 2, 1996 now U.S. Pat. No. 6,199,076. This application claims the benefit of the filing date of both of the above identified applications. The disclosures of U.S. patent application Ser. Nos. 08/724,813 and 09/782,546, and of U.S. Pat. No. 6,199,076, are incorporated herein by reference.

**See post Podcasting Patent Invalidated In Victory For Users, EFF


**As a footnote, Carl Malamud's name was invoked in one of the IPR papers:

Carl Malamud began publishing his “Geek
of the Week” Internet talk radio
show on March 31, 1993

BUT

As to the
Geek of the Week articles (Exs. 1008-
1011), we determined that there was in-
sufficient evidence presented for us to
determine any claim was obvious. Dec. 25.

In particular, Petitioner failed to
cite to evidence in the Geek of the Week
articles as to where the elements of
the claims can be found, and we found
statements to the contrary made by
Petitioner’s expert, Mr. Chris Sc
hmandt, were conclusory.
Id.

**Malamud has been mentioned in previous
posts on IPBiz:

http://ipbiz.blogspot.com/2010/01/democratizing-data.html

http://ipbiz.blogspot.com/2010/12/looking-back-on-access-to-us-patents.html

And from 2005:

ACS on wrong side of PubChem dispute -->

Recall the words of the New York Times on May 4, 1998:

An Internet pioneer who put data from the Securities and Exchange
Commission on line four years ago at no cost to computer users is now challenging the Federal Government to make the nation's patent and trademark data base freely available. He is threatening to undertake the project himself as a guerrilla effort to make the data publicly accessible if the Government fails to respond.

The challenge was in a letter sent last week to Vice President Al
Gore and Commerce Secretary William M. Daley by Carl Malamud, president of the Internet Multicasting Service, a nonprofit organization that has undertaken a variety of
Internet publishing efforts.

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