TCSP 7: Patent Liability Analysis

TCSP 7: Patent Liability AnalysisChris McCabeTeam 22: Txt Msg DJ

Txt Msg DJ AbstractThe Text Message DJ is a standalone unit that creates and maintains a party playlist based on song requests sent from party guests via SMS. Guests can send text messages containing song names and the Text Message DJ will automatically parse messages, sort requests, and play the most popular. In addition to playing the song audio, the Text Message DJ will strobe lights in sync with the beat of the currently playing song.

Patent/Product SearchDescribe (at least 3) patents and/or commercial products that perform substantially the same function as your project. Remember to concentrate on the primary function(s) performed by your project (e.g., RFID-based beverage consumption monitoring, gesture-controlled IR remote, etc.). For each patent, list the filing date and include a (condensed) abstract along with the key claims for which the potential for infringement exists. For any commercial products identified, list any functions performed substantially the same way. Also, contact the manufacturer of the product to see if there are any patents pending or have been issued.

Systems for and methods of remote host-based media presentationUnited States Patent 7801478Filing Date:05/03/2005Abstract: device includes interface operable to receive a decoded digital data set from an apparatus remote from the device, and a circuit coupled to the interface and operable to enable an output device to provide an output representing the data set.

http://www.freepatentsonline.com/7801478.html

4Claims1. An electronic device, comprising: a first communication interface operable to receive a decoded digital data set from an apparatus remote from the electronic device via a first wireless signal, wherein the decoded digital data set was decoded by the apparatus from a content file in an audio compression or encoding scheme; a circuit coupled to the first communication interface and operable to enable an output device remote from the electronic device to provide an output representing the decoded digital data set; a display for displaying a list of content files that are stored on the apparatus; a user input control for receiving a user input indicative of a selection of a content file from the list of content files shown on the display; Claims1. and a second communication interface operable to transmit the selection for the content file to the apparatus remote from the electronic device; wherein, in response to the selection of the content file by the user input control, the first communication interface and circuit receive the content file stored on the apparatus as the decoded digital data set, wherein the electronic device transmits the decoded data set to the output device via a second wireless signal, wherein the electronic device does not decode the decoded digital data set using any audio compression or encoding scheme.comprises a file including audio and video data.3. The electronic device of claim 1 wherein the decoded digital data set comprises a file including audio and video data.

Analysis of LiabilityExtremely close in functionality to the streaming part of Txt Msg DJBoth patent and Txt Msg DJ receive data from a remote apparatus and output to a separate device (speakers, strobe lights)Recommended Actions

Claim 1: Do not include song suggestions or anything similar, simply play voted on songs/automatically generated songsClaim 3: Dependent claim, no need to avoid, but is a use case specific to intended application

CollaborativeplaylistmanagementUnited States Patent 8392505Filing Date: 09/26/2008Abstract: Systems, methods, and computer program for collaboratively managing a playlist of media items including a communications interface. The communications interface may be configured to receive a user feedback from each of a plurality of portable media devices and may include a processor configured to generate an updated playlist based on the user feedback. The user feedback may be related to a queued media item in a playlist.http://www.freepatentsonline.com/8392505.html

9Claims1. A media server, comprising: a media management application configured to play a first playlist; a communications interface configured to receive a first user feedback from a first portable media device of a plurality of portable media devices when the media management application is broadcasting the first playlist to the plurality of portable media devices, wherein the first user feedback is related to a queued media item in the first playlist; Claimsand a processor configured to: generate an updated playlist based on the first user feedback, wherein the updated playlist includes a new media item not included in the first playlist; cause the new media item to be streamed from one of the plurality of portable media devices to the media server without storing the new media item on the media server; and direct the media management application to broadcast the updated playlist instead of the first playlist to the plurality of portable media devices, wherein the updated playlist comprises a change from the first playlist, Claimswherein the change comprises one of the following: (i) a different set of media items than the first playlist and (ii) a different order of media items than the first playlist.5. The media server of claim 1, wherein the first user feedback comprises user votes on the queued media item.

Analysis of LiabilityGenerates and modifies (both rearranging and adding) playlist based on user votesCell phones can be portable media devices but do not have to bePatent calls for streaming from portable media deviceRecommended ActionsClaim 1: Focus attention on SMS aspect of managing playlist Claim 5: Cannot be avoided, but dependent claim so avoiding claim 1 sufficientCOMMUNITYPLAYLISTMANAGEMENTUnited States Patent Application 20100228740Filing Date: 03/09/2009Abstract: System and method for facilitating community interaction with a playlist. A host system communicates with a plurality of portable devices to transmit information about the items in the playlist. Users of the portable device queue additional selections or vote on media items in the playlist. http://www.freepatentsonline.com/y2010/0228740.html

15Claims1. A method for facilitating community ranking of items in a playlist comprising: transmitting information to a plurality of user devices, the information including metadata related to media items in a playlist which includes at least the order of the playlist, community ranking information, song title, and artist name; receiving from at least one of the plurality of user devices a vote on a media item; and organizing the playlist based on the received votes.Claims6. The method of claim 1, wherein media items are automatically chosen and added to the playlist by a program on the playlist host device7. The method of claim 6, where the media items added to the playlist by a program on the playlist host device are added to the bottom of the playlist.

Analysis of LiabilitySubstantially similar to the function of Txt Msg DJ that allows users to request the current queue/playlist of songs via SMS messageSpecifically utilizes voting to rearrange playlistLacking sufficient user feedback, adds additional songsRecommended ActionAvoid Claim 1: Do not include community ranking informationAvoid Claim 6: Store playlist completely on device and use built in functionality of streaming service to select related songsAvoid Claim 7: Do not add new songs to the bottom of the playlistLast resort: Remove playlist request feature as it is not critical to product and playlist will appear on LCD screenProducts still under investigation

Logitech SqueezeboxStandalone unit utilizing wi-fi to stream music from the internet

Philips Streamium NP25000Standalone unitPlaylist generation

Questions?http://www.freepatentsonline.com/y2006/0195521.htmlAnalysis of LiabilityAnalyze your projects potential liability for both literally infringing functions (identified in Section 2.0, above) as well as infringement under the doctrine of equivalents. Clearly and carefully describe how the function(s) performed by your project are similar/different than the function(s) performed by the patents/products identified in Section 2.0.

Recommended ActionIf the potential for infringement exists (identified in Section 3.0, above), indicate what action(s) should be taken. Remember that simply adding functions does not eliminate the potential for infringement. Also, simply contacting a lawyer is not a satisfactory answer (for real, commercial applications, this is assumed).